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HomeMy WebLinkAboutMN-CC-1978 i COMMON COUNCIL PROCEEDINGS City of Ithaca , New York Special Meeting 10 : 00 A.M. January 1 ; 1178 PRESENT ayor Conley 4,lde-;-rnen (10) - Boothroyd , Bordonj , Boronkay, Dennis , Gutenbe,-?c:r, Ho111m«. , Meyer, Nichols , Saccucci , Slat-cery PRESENT : ;ity Controller - Daley i uil(ling Commissioner - Hoard y Attorney •- Shapiro "vity Clerk - Rundle Actiiq; City Judge - Hines Comi, ' -r Board of Public Works - Whispell Coi?:m' s- Board of Public Works - Cleveland Ci,f.y Historian - Lee C .1 Prosecutor - .Filson Plai-ning & Development Board Chairman - Benson %-+o'lI.cc Commissioner - Roger ,qBo �:d of Zoning Appeals lN;ember - Gainey NTo>>ipl i.ns County Environmental Management Council Member - Hoard WPL:1_lhjl: OF ALLEGIANCE : <Ka},or Conley led all present in the Pledge of Allegiance to the Ar:eric5r. <F1 OA1131 OF OFFICE MAYOR Mayo7• Conley took the Oath of Office and was sworn in as Mayor of tlic City of Ithaca by Cit. rl_eY 11 Rundle for a two-?„ear teem expiring DecL ,',;= 1979.. -°)ATIA OF' OFFICE - ALDERMEN i !” l6-ermen Saccucci , Boronkay, Gutenberger, Nichols , Boot.'.royd and Bor~ s1' tool. the Oath of Office, were sworn in as aldei-mere. by City Clerk Runcli ��--Aior .!.our-year, terms expiring December 31 , 1981 , except Alderman Border: ? waf: .%orn in for a. two-year term expiring December 31 , 1979 , and too: re>pe,,. . ire seats on the Council. ACT-.T G MAYOR - Mayor Conley entertained nominations from the floor. By. .'�_: �rman Dennis : Seconded by Alderman Nichols RESOLVED , That Alderman Gutenberger be nominated for the post of Acting Mayor. By A-' c:,:rman Holman : Seconded by Alderman Saccucci That Alderman Boronkay be nominated for the post of Actin, By Alderman Bordoni : Seconded by Alderman Boothroyd RESO11.1-ED, That the nominations be closed. Carried unanimously A was taken on the nominations for Acting Mayor which re°.i;lted as f o .- 0ANT S : .Alderman Gutenberger: Ayes (6) - Bordoni , Boothroyd, N , , Meyer, Dennis , Slatt `-1 erman Boronkay: Ayes (Z) - Holman, Saccucci b,tentions : (2) - bor.on%av ,, Gutenberger M� i,�niy declared Al derr�an Gute•,??>erger duly appointed A,. a r),: :!--y ar term wn ch expires December 31 , 1978. Alde 'man Gutenberger took --he Oath of Office and was `;w;,)'n i.l as Ai -i.:;,� by City Clerk I,.undlc . ,•- �-•j-•-i+r A I.,T7 a/-IV T-,Tr'+ wan v.'1r a.t._. _ ,._.+ ....�.. .7 -t--. - 1 -\LVt1d L: �-.t...S 1.1'S le l•17�1��,_ - l•i.x _ a via e.C• �,.,..l:a. a.uiil t.0 as�.,.,i...,•i-�..._... v.,. .,...— I———- - i }'T.- -,- .derman Boronkay : ` , conded ':-v 1�1dermar_ ilolrazn i�•... '_JED, That .�l.dC'.r.ma i S ccu:^ ., i7, J'i1'.l.:lti :� or t" e po�;`L C M1 _?.0 1Ct.3i:.{; 2 -2 - January 1 , 19/8 By Alderman Boothroyd: Seconded by Alderman Bordoni IESOLVED, That Alderman Nichols be nominated for the post of Alternate A..- :ing Alderman Boronkay: Seconded by Alderman Bordoni RE�:,JLVED, That the nominations be closed. Carried Unanimously A vote was taken on the nominations for Alternate Acting Mayor which ra.,.Iulted as follows : Alderman Nichols : Ayes (6) - Bordoni , Boothroyd, Meyer, Dennis , Gutenberger , Slattery Alderman Saccucci : Ayes (2) - Boronkay, Holman Abstentions : (2) - Nichols , Saccucci Mayor Conley declared Alderman Nichols duly appointed Alternate Acting II«,tor for one-year term which expires December 31 , 1978. Alderman Nichols -took the Oath of Office and was sworn in as Alternate r`.cting Mayor by City Clerk Rundle . MAYOR'S APPOINTMENTS: iviayo� C'onley made the following appointments which were confirmed by th.t,: Council : City Prosecutor j?v Al erordoni : Seconded by Alderman Nichols RESOLVED , That Bruce D. Wilson, 225 Warren Place , be reappointed as Prosecutor for a two-year term ending December 31 , 1979 . Carried Unanimously- City Prosec•_:tor Wilson took the Oath of Office and was sworn in as City Prosecutor by City Clerk Rundle. City Attorney By iderman Boothroyd: Seconded by Alderman Nichols "OLVE', , That lartin A. Shapiro , 1962 Elmira Road, Newfield, N.Y. , be RE:i reappointed as City Attorney for a two-year term ending December 31 , 19 ; 9 . Carried Unanimously City Attorney Shapiro took the Oath of Office and was sworn in as City Attorney by City Clerk Rundle . Acting City Judge By .'alderman Slattery: Seconded by Alderman Bordoni RESOLVED, That Robert J. Hines , 417 N. Cayuga Street , be appointed as A-' ti<ng Cit,- Judge for a one-year term ending December 31 , 1978. Liscussion followed on the floor. A vo::e on the resolution resulted as follows : Ayes Bordoni ,, Boothroyd, Nichols , Dennis , Slattery, Gutenberse* Nays (2) Holman , Meyer Abstentions (2) - Boronkay, Saccucci : ,, Carried A,:ti.ng City Judge Hines took the Oath of Office a-nd was sworn in as Acting ' ' G -ty Judge by City Clerk Rundle . itv Historian v Alderman Nichols : Seconded by Alderman Saccucci e RESOLVED, That D. Boardman Lee , 711 E. Seneca Street , be reappointed as. " ' t-y Historian o.r a two-year term ending December 31 , 1979 . Carried Unanimously .ty historian Lee teol� the Oath of Office and was in as City Hip corian y r,✓ E.. t-k Rundle . i - 3- January 1 , 19'JS3 T9unici _aI Surgeon 0rman Nzcio1s : Seconded by Alderman Saccucci RESOT,"�',D, That Robert M. Kieffer, M.D . , 111 E. Seneca Street , be reappointed as Municipal Surgeon for a two-year term ending December 31 , 1979 . Carried Unanimously Board of Public Works JBy AJ.jcrman Bordoni : Seconded by Aldcrman Saccucci RESOLVED That Barbara B. Whispell , 316 Brookfield Road, be reappointed as Commissioner of Public Works for a three-year term ending December 31 , 1980 . below'.. Carried Unanimously miss.ioners of Public Works Whispell and Cleveland took the OatIi of Office s' were sworn in as Commissioners of Public Works by City Clerk Rundle. Plannin,and Development Board By ierman Bor oni : Seconded by Alderman Saccucci RESOLVED, That LeGrace G. Benson , 314 East Buffalo Street , be reappointed as chairman of the Planning and Development Board for a three-year term ending December 31 , 1980 . I4cussion followed on the floor. 1�jote on the resolution resulted as follows : LLJ Ayes (7) - Bordoni , Boothroyd, Nichols , Dennis , Slattery, Gutenberger, Q Saccucci Q Nays (3) - Meyer, Holman, Boronkay Carried Chairman of the Planning and Development Board Benson took- the Oath of Office and was s�vorn in as Chairman of the Planning and Development Board by City Clerk Rundle. U-,7,an Ronewa.l Agency ]i iql e- min Slattery: Seconded by Alderman Bordoni R DLVED, That Stuart W. Stein, 1018 E. State Street , be appointed as member urban Renewal Agency for an indefinite term to fill the - vacancy caused by the -.resignation of Raymond Sordoni , Jr. Carried Unanimously Police Cot;:missioner By Alde. i:f.n Saccucci : Seconded by Alderman Slattery RESOLVED, That- Peter Rogers , 806 N'. Tioga Street , be' reappointed as Police Commissioner for a three-year term ending December 31 , 1980 . Carried Unanimously Police i I'iII115�_Loner Rogers took the Oath of Office and was sworn in as Police Cc:r,rnissioner by City Clerk Rundle . Board of :toning Appeals 13y A-1- rnl,an Holman : Seconded by Alderman Meyer RESOLVED , That Gregory Kasprzak, 314 Taylor Place , be reappointed as member of the Lto.~,�7 of Zoning Appeals for a three-year term ending December 31 , 1980. Carried Unanimously By Alderman Bordoni : Seconded by Alderman Slattery RESOLVI) . '.ihat Joseph Gainey, Jr. , 308 E. Lincoln Street , be appointed as of the Board of Zoning Appeals for a three-year term ending December S 1.930 . Carried Unanimously ` ;.per the Board of Zoning Appeals Gainey took the Oath of Office and was sworn in as a member of the Board of Zoning Appeals by City Clerk Rundle . Electr : o,-_I Inspector I3y�_oT in Slattery : Seconded by Alderman Boronkay RESOLVED That Floyd Ferris , Lansing Station Road, be designated as the o1eq,trical inspector for the city for an indefinite term. Carded Unanimously *By Alae :,nan Gutenberger; Seconded -�v Al.derma_n. Boo t hroyd ESOJ ED„ That Clarence Cleveland , 301 Pier :oad be �a ppnoi:ntec, as *' Pub.i.lc.: Works for a three-year term endlnc= I)ecembF r 31 , 1980 . Carried Unanimous -4- January 1 , 1978 ,o uth Bureau Advisory Board By Alderman Bordoni : Seconded by Alderman Saccucci RESOLVED, That Donald D. Tompkins , 212 Ridaedale Road , be appointed as member of the Youth Bureau Advisory Board to fill the vacancy caused by the resignation of David Cullings for a one-year term ending December 31 , ] , ' That Marshall C . Sidle , 211 W. Lincoln Street , be appointed as member of the Youth Bureau Advisory Board to fill the vacancy caused by the resignation of Louis Withiam for a two-year term ending December 31 , 1979 ; That Arthur Birnbaum, 117 E. York Street , be appointed as member of the Youth Bureau Advisory Board to fill the vacancy caused by the resignation of Jeffrey Bishop. for a two-year term ending December 31 , 1979 . Carried Unanimously ; Board of Appeals on Building Code By Alderman Boron ay: Seconded by Alderman Nichols 6 RESOLVED, That Jonathan M. Cottrell , 430 N. Titus Avenue , be reappointed as member of the Board of Appeals on Building Code for a three-year term ending December 31 , 1980. Carried Unanimously Mayor Conley informed the Council he would make the appointments to the Ithaca Landmarks Preservation Commission, the Environmental Commission._an;d the Commons Advisory Board on Wednesday evening at the Regular meeting of. the Council . Housing Board of Review By Alderman Holman : Seconded by Alderman Nichols RESOLVED, That Barbara B. Whispell , 316 Brookfield Road, be reappointed as a member of the Housing Board of Review for a three-year term ending December 31 , 1980 . Carried Unanimously Tompkins County Youth Bureau Board By Alderman Gutenberger : Seconded by Alderman Boothroyd RESOLVED, That Caesar George , 415 Campbell Avenue , be appointed as the- city representative to the Tompkins . County Youth Bureau Board for an indefinite term. Carried Unanimously Tompkins County Transportation Committee By Alderman Boronkay : Seconded by Alderman Slattery RESOLVED, That Robert B. Allan , 125 Eastwood Terrace , and Stuart W. " Stein, 1018 East State Street , be appointed as city representatives to the T::,:pkins County Transportation Committee for an indefinite term. Carried Unanimously Tompkins County Environmental Management Council By Alderman Holman : Seconded by Alderman Nichols RESOLVED, That Deborah C . Hoard, 108 Cornell Street , be appointed as the city representative to -the Tompkins County Environmental Management Council for an indefinite term. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Mrs . Debo-Rah C . Hoard took the Oath of Office and was sworn in as thv city representative on the Tompkins County Environmental Management Council by City Clerk Rundle . Council Representative to the Planning F, Development Board Raymond Borr oni Jr. to the Planning and Mayor Conley assignees Al erman y . , Development ioard, as council ropresentatilre , for a two-year term endi.r; December 31 , 1979 . ST,AkNDING COMMITTEES OF THE COMMON COUNCIL : i�la �or Conley -made tfe ' f llowzng appointments 'to the Standing Committee, for 1978 : -5� Janua 197 J ug_et and Administration Human Services 'ohn Gutenberger , Chm. Raymond Bordoni , Jr. , Chm. Donald J. Slattery, V. Chm. Robert L. Boothroyd, V. Clin. Rob'--i-t L. Boothroyd, Jr. Elva Holman Rudolph M. Saccucci Nancy R. Meyer James P. Dennis Rudolph M. Saccucci Charter and Ordinance Intergovernmental Relations EstFl B. Nichols , Chm. Donald J. Slattery, Chm. Donald J. Slattery, V. Chm. James P. Dennis , V. Chm. .ancy R. Meyer .Iva W. Holman icliard J. Boronkay Planning and Development James P. Dennis , Chm. Raymond Bordoni , Jr. , V. Chm. John C. Gutenberger Ethel B. Nichols Richard J. Boronkay Tt.DJOURNMENT: 'On Wa motion the meeting adjourned at 10 : 53 a.m. "..-�'eo�elz� Q 'Q J 1Ose 'h A. Rundle , City Clerk Edward J, n-1 e—y r r+ COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Regi-Jar Meeting 7 : 30 P.M. January 4 , 1978 PRESENT : Mayor - Conley AldeTmen (9) - Boothroy'al , Bordoni , Boronkay, Dennis , Gutenberger, Holma_i, Meyer, Nichols , Slattery ABSENT' Alderman (1) - $accucci THEF?S PRESENT: It Controller - Daley -'City Attorney - Shapiro Director, Planning $ Development - Van Cort Supt , Ithaca City Schools - Backer Building Commissioner - Hoard City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayo Conley led all present in the Pledge of Allegiance to the American ,qFI•?g, NADDITL'ONS TO THE AGENDA: LLI—PlYI-61ing and Development Committee <rX-M' Dennis requested that an item concerning Columbia Street Annex <Park be added to the agenda. No r1derman 'objected. Bud�,�� and Administration Committee : Alderman Gutenberger requested that an amendment concerning the S. P. C,A. contr,,.ct be added to the agenda. r '4to al d.erman objected. _�hldc. Gutenberger requested permission to report on a number of items resii1ting from the budget process . No al. e.rman objected. COMM`L i CATIONS : Park South Hill Elementary School Pdayc.;i. `:rnley read a letter received by him on December 29 , 1977 from Supt . of Schools Richard E. Backer, as follows : 263, 1977 The JI�;r.orable Edward J. Conley, Mayor C° t'% r Ithaca 10t, Ee-z t Green Street Ith,,c. as Ncw York 14850 Dear Be :.,d-;ised that the Ithaca City School District Board of Education has a.utho-1 : red me to offer the proposed "park" (indicated on attachment A) area the former South Hill Elementary School to the City of Ithaca and{r t:r--te (.A.lowing stipulations : Transfer of ''par?;" parcel to be for the amount of $1. 00. 2) 1 :. - City of Ithaca will reimburse the Ithaca City School District for -..hr! cost of appraisal for the subdivision of the original parcel C� 87. 50) . 3) T1- City of Ithaca will permit [recommendl the open space of the parcel to be applicable in meeting land requirements for d­.,�e l,)pment of the remaining parcel. 4) Th^ City of Ithaca will lend its support in obtaining any variance nX;cessary to develop remaining parcel . g -2- January 4, 1978 Transfer of title to the "park" parcel will be made at such time that the remaining parcel be sold; and the new owner has received necessary variance to initiate a program of development consistent with terms and conditions, of sale. Since.;the Board of Education is interested in settling this matter within a reasonable time period; we do request a specific notification of your acceptance or rejection of these stipulations by January 10 , 1977. Sincerely, ps Richard E. Backer Superintendent of Schools vm Enc. cc: Marley Thaler, School District Attorney Margaret Harding, President Board of Education Ann Martin, Vice President Board of Education L. William Banner , Assistant Superintendent for Business" PLANNING AND DEVELOPMENT COMMITTEE: ` Columbia Street Annex Par By Alderman Dennis : Seconded by Alderman Meyer WHEREAS, the South Hill Civic- Association has requested that the city purchase a part of the land on which the former South Hill Elementary School isjqlhated, and WHEREAS , the Ithaca City School District has offered to sell the property to the city for $1 . 00 , plus the cost of the appraisal ; NOW, THEREFORE , BE IT RESOLVED, That the City of Ithaca purchase from City School District the parcel known as the area of the former South Hill Elementary School for $488. 50 ; , BE IT FURTHER RESOLVED, That the' Mayor, with the approval of the City Atror: , be authorized to execute such purchase , pursuant to the stipulation of the attached letter from the Ithaca School District. Discussion followed on the floor: t.: Amendment to Letter from Ithaca School District By Alderman Holman: Seconded by Alderman Boronkay RESOLVED, That Item 3 under Paragraph 1 of letter from Supt. of Schools Backer to Mayor Conley be changed to read, "The City of Ithaca will recommend Carried Unanimously Further discussion followed on the floor. . w A vote on the resolution resulted as follows : Ayes (6) - Meyer, Dennis , Gutenberger, Holman , Boronkay, Slattery Nays (2) - Bordoni , Boothroyd Abstention (1) - Nichols 1 Absent Cl) - Saccucci Carried BUDGET AND ADMINISTRATION COMMITTEE: Columbia Street Annex "Park" By Alderman Gutenberger : Seconded by Alderman Dennis RESOLVED, That a capital project be created to be known as "Cuiumbia :�t��e�et' Annex Park" in the amount of $5 ,000. 00. BE IT FURTHER RESOLVED, That $5 ,000. 00 be transferred from the Parks �%es rvg account to said capital project. I I Discussion followed on the floor. Mr. Francis C. Moon, 507 Turner Place , representing the 'South Hill nei.ghb'orhood, addressed the Council t,za.).king both the Ithaca School Board and Commor. _Ctouncil for giving his neighborhood a vote of confidence in the matter of the pa`r`k`: Ile said the neighborhood never saw it as two parks . When they originally discussed the issue they saw it as one park. The city did have the use of the playground which they voted to purchase some months ago. The neighborhood saw it as two parcels of one park. Last spring they were looking for a place -3- January 4 , 1973 4' for `thn. children to play ball so they asked the owner of the playground ii they could use the playground area and it was agreeable . The residents cf the neighborhood tried to clean up the playground and it was then that 4-hey got into legal. problems in terms of responsibility and they looked at the _total question of the disposal of the property across the street - the park and `Le playground. He said he thought the neighborhood would be happy to see scaled down plan for the playground between Hillview and Columbia i.ri € exch_i-,;e for the development of the total park in front of the old school =mod lite playground as simply a play area and an open space . None of the ighbors are looking for an extensive park with extensive playground equip- :nt , etc. He said he thought the Mayor' s suggestion that a number of the eighi�nrs meet with members of the Planning Committee and Planning Department to go over ;,chat ought to be a reasonable playground and park complex for that zrca is a good one. He didn' t think any of the neighbors want an elabi).iate park; simply an open space for the children to play and to preserve the. hublic right-o±-way which now exists through the area which was voted to be rEturned to the city. He said he hoped to set aside the fears of a large expen!�e through planning with the Planning Committee and the city for a modest play area and open space area for the neighborhood. I Gutenberger presented the following amended resolution_: y AA(lflman Gutenberger: Seconded by Alderman Dennis ESOL':.'.:h, That a capital project be created to be known as "Columbia Street nne:� ?ark" in the amount of $500. 00. Q !' BE Ii 1-:.fnTHER RESOLVED, That $500 . 00 be transferred from the Parks Reserve Accou. c. to said capital project , i. Aniendiri -•u t'. to the Amt. .,,Ued Resolution By Alclu- man Holman: Secondeu by Alderman Bororkay !' RES0IY'.1) , That the second paragraph of the resolution read, ", , , That an -snit al :,mount of $500. 00 Idex.,l,la Gutenberger refused to accept the amendment to the amended essoI1,.t.,_on. A vol. Che amendment resulted as follows : ;.. •os (A) - Boronkay, Holman, Dennis , Meyer ?�. (4) - Bordoni ; Boothroyd, Gutenberger, Slattery ' cention (1) - Nichols �•r Conley voted Aye. Carried A:menjtc ,:solution Sy Alcs-t ,..,inn. Gutenberger: Seconded by Alderman Dennis i FC31)LV, '.1') That a capital project be created to be known as "Columbia Street An rk" the amount of $500 . 00 . BE iT ±-.IF:TI ER RESOI,V,,'l, That an initial amount of $500 . 00 be transferred :rolh 1, Parks Reserve :',count to said capital project . A Lit.-. =imcnded resolution, as amended, resulted as follows : '7; - Bouthroyd, Meyer , Dennis , Gutenberger , Holman, Bo--onkay, Slattery (1 ) - Bordoni" Nicbuls C�rrica },!:Ta'V.­'i,S AN_ D HEARINGS OF PERSONS BEFORE COUNCIL : Box; Se _-Lce - Nr. ^Chaney , 610 Ca .; adilla Street , pre�: :.t��' --ev scd pet lion, l-uli't .a:S .i ct,,, 4ippxoxiinately /0 sig i�tu—res , regarti'i..., i ran _ a. Shu IC B u S v 'r i' C whi c.f. Gutenberger read to the Councils , :ic _.._I:-WS " within t.--,e Ithaca City Limits contains G si;rliif�.� t .• U-1.' on o elide..Iy and hard-- capped peop+_t whe :x regularly scheduled, -eliabye , low-cost �:a��el between :-he c ,- A. o�..to;Jn business ,list �•„ i 1,4all the sou-rern er_d of Elmira Road, �,. other C.r css aS , O -4- January 4 , 1978 2 . ,�Lany people in Ithaca who are not elderly or handicapped are force%. co spend excessive time and money if they wish to go to sites outside `haca Lo obtain the benefits of services provided by various government c �. • private agencies and business . This imposition also limits the av!-iJ.a bility of jobs to Ithacans who might work outside the city. 3. Many people outside Ithaca are unable to use the fine public and p. .vate facilities -in the downtown Ithaca area under present transportario; . arrangements . We , the undersigned, petition the Common Council of the City of I :haca -,o taka the following actions : 1. Amendment of City ordinances and regulations to .make it possible Drivate business and other interested parties to establish and mail . ln, mass transportation alternatives traveling between downtown Ithac' :' d outlying sites , such as those mentioned previously. 2 . To the extent considered reasonable by Common Council , authorizat ..: and appropriation of grants , loans , or other types of funding to suppo -:. permanent services such as those described in part 1. of the i :camL .-ir which.we, are- petitioning.. " Discussions followed on the floor. Alderman Gutenberger commented that officially, for the record, we do ". _are the original petition and we will make that part- of the acceptance of part of the minutes , and we do have the new petition - the original have signatures on them'. COMMUNICATIONS FROM T l'iE MAYOR: Mayor Conley informed the Council that he had met with, or plans to oc-:- with, the following groups or persons to discuss priorities for 1978 : Alderman Gutenberger, Chm. Budget $" Administration Committee, and Controller Daley Planning Board Chairman and Mr. Van Cort .. 1 Police Commissioners Urban Renewal Agency Human Services Committee Charter G Ordinance Committee He reminded the Council that work needs to be done on zoning of, comme-�-c ial and industrial areas ; Southwest area development ; and reassessment u :;hi5 functions performed by the city, among other things. MAYOR' S APPOINTMENTS: Mayor Conley made the following appointment-7 which were confirmed b; ?tet. COUi1ci 1 : Assessment Board of Review ' By Alderman Boothroy econded by Alderman Bordoni C RESOLVED, That Kerman Glaser, 818rCayuga Street , be appointed as membr of the Assessment Board of Review for a one-year term ending Decernbe• .."C., 1978. . Carried Unanimously Examining Board of Plumbers By Alderman Boronkay: Seconded by Alderman Boothroyd - RESOLVED, That Edward Halloran- , S10 'Turner glace , William M-_-Gee ..' Street ; and Frank Orzino , 209 Fourth Street , be reapjcoii,ced to the Examining Board of Plumbers for three-year terms ending December 31 , Carried Unanimously Ithaca Landmarks Preservation By .,lderman Slatt^r,r: Seconde._ by Aldcr;ra�- :.olman _ RLS��fVED , That �ir � . BeEt�� Ba ri«rdi. , 227 Ve ley Poa;: , oe appointed as ;nember UL the ? = Lancimark-c Preser-ation Commission for a three-year term ending �E'•.. i)ece.nbrt -. 'ii , 1980 . Carried Unanimo�-..sly i i -S- January 4 , 19'x'8 Environmental Commission By Al erman Holman ; econded by Alderman Gutenberger RESOLVED , That Mrs . Deborah Hoard, 108 Cornell Street , be appointed to the Environmental -Commission to fill the vacancy caused by the resignation of Neil. Orloff for a two-year term ending December 31 , 1979, Carried Unanimously Mayor Conley reassigned Elva W, Holman , 141 Pearsall Place , as the Council --Tepresentative to the Commission for a two-year term ending December 31 , 979. ,ommons Advisory Board :Mayor Conley appointed Stephen W. Jacobs , 303 Highgate Road, and Peter J. Cifferi , Jr. , 227 Enfield Falls Road; and reappointed H. Stilwell Brown, 945-. Cliff Street , Brian Dewart , 333 Ellis Hollow Road, Richard Goldman, 656 Five Mile Drive , James N. Rothschild, 401 Highland Road, Gerald P. Schickel , 202 Sunrise Road, PE- ggy Underwood, 312 Cayuga Heights Road; and Nancy R. Meyer, 214 Cascadilla Park, representative of Common Council , as members of the Commons Advisory Board for two-year terms ending December ,74 l', 19 7 9. IT'i ATTGRNEY' S REPORT 1 attorney Shapiro requested a short Executive Session following the egulr...J session of the Council . cJCHAR' kER AND ORDINANCE COMMITTEE : Chari�i Nichols in orme the Council that the committee will hold its regular meeting on the Monday evening following the Common Council meeting, or the second Monday of each month, at 8 : 00 p.m. Some items which the committee have been working on and will continue are the Administrative Code , Noise Ordinance , communications concerning historic designation, parking and fire l az;e.- tiad revision of zoning law. '3UDG IFI' AND ADMINISTRATION COMMITTEE : )e- 17iTation o Official Newspaper ay Morman Gutenberger: Seconded by ALderman Boothroyd kESOLVED, That pursuant to Section 7-16 of the City Charter the Ithaca Jour::a '. '�e and it is hereby designated as the official newspaper of the City of Ithaca for the year 1978. Carried Unanimously Deq' gnat on of Official De osit•ories $y$A1.tT 7irman Gutenberger: econae -Ty Alderman Slattery RESOLVED, That pursuant to Section 3- 7 of the City Charter the Tompkins County ;'rust Company and the First National Bank & Trust Company be and they are he >,i.by designated as the official depositories of all City funds for the year llx73 as follows : TOMPKINS COUNTY TRUST COMPANY -y of Ithaca, General Fund 01 201 001004 City o-` Ithaca, Payroll Fund 04 201 001004 (,?pital Reserve Fund # 4 - Bridges 01 201 001055 it It " 9 - Gen. Mun. Prop . & Bldg. 01 201 001128 11 - Parks & Recreation Areas 02 201 001OSS " 14 - Parking Areas 03 201 001055 15 - Fire Engine Replacement 04 201 001055 16 -. Develop. of Water Sources 05 201 001055 17 - Sewer Construction 06 201 001055 18 - Municipal Garages 07 201 001055 20 - W. Hill W&S Replacement 08 201 001055 " 22 - Bus Replacement 09 201 001055 22A- State Aided Bus Project 10 201 001055 P-,,,,')loyees Group Insurance Deductions 03 201 001004 Employees Withholding for Soc. Sec. Cont . Fund 07 201 001004 t :nployees N.Y. S. Withholding Tax 08 201 001004 Employees U. S. Savings Bonds 09 201 001004 NY Po ice len' -- F�:.•."'E :' S Rct1rem nt Cystc— 1' � nnµ a v •.• - a irm�a V J . .l N S Employees ' Retirement System 12 201 001004 G13a.ra.nty U Bid Deposits 05 201 001004 City Tax Sale Redpt . 05 201 001004 1:'eposits on Water 1kIe1_­_ .,s 05 201 0 01004 12 -6- January 4 , 1978 Sale of Unclaimed Property Abandoned V2hicles 05 201 001004 Bicentennial Bar.ge 05 201 001004' Coi-amoris t1JJCJJiae iL Advance Payments 05 20i 0010;14 Cornell University Flood Damage 05 201 0010 0' Federal Revenue Sharing 02 201 00100« Ithaca Commons Trust Account 06 201 001004 Youth Bureau Educational Fund 10 201 001004 Debt Service 11 201 001055 Firemen' s Relief Fund (Time Acct. ) 21 301 012''61 Vet. Vol . Firemen' s Assn. (Time Acct, ) 22 301 012''61 Cemetery Fund (Time Acct. ) 21 301 02321 M. C. Hillick Memorial Fund (Time Acct . ) 21 ' 301 140723 Storms Cemetery Fund (Time Acct. ) 23 301 023�98 ' Holmes-Stamp Cemetery Fund (Time Acct, j 22 301 021:1 98 FIRST NATIONAL BANK AND TRUST COMPANY City of Ithaca, Water & Sewer Fund 267 01009 City of Ithaca, Construction Fund 267 010:;42 Community Renewal Program 267 000 ,131 Firemen' s Relief Fund 267 010;01 , Carried Unanimously " Collateral to Secure Deposits By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the First National Bank and Trust Company as reported be approved to form and sufficiency. Carried Unanimously Public Officials ' Bond By Aloe an Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That pursuant to Section 11 of the Public Officers Law the r-illowing bonds Which are on file in the Office of the City Clerk be and . are hereby approved in all respects for the year 1978 : q John D. Wright , City Chamberlain $ 5011000 G0488174 Globe Indem, uo. James J, Clynes , Jr. , City Judge 4 ,000 G-438528 Globe Indem. Co. Faithful Performance Bond, ^I,.1 City Employees 1003, 000 G 438529 Globe Inde;.t. Co. Carried Unanimously - Designation of Regular Meeting Dates and Hour By Al man Gutenberger: Seconded by Alderman Holman RESOLVED, That Regular meetings of the Common Council for 1978 be helu at 7.: 30 p.m. on the first Wednesday of each month in Common Council Cham`,-ers at City Hall , 108 East Green Street , Ithaca, New York. Carried Unanimously An7aroval of Contract with Tompkins Count Chamber of Commerce Bv Alderman Gutenberger : Se� con ga by Alderman Boothroy RESOLVED, That the Mayor and City Clerk be and they are hereby authori. ,-',d and directed to execute an agreement with the Tompkins County Chambe-: £ Commerce for Promotional Services in an amount not to exceed $3 ,000. Discussior follo7. ed on the floor. A vote on the resolution resulted as follows : Ayes (7) - Bordoni , Boothroyd, Meyer , Gutenberger, Holman, Boror.`.,-_Nr_' Slattery Nays (2) - N _-:.hols , Dennis j Carried A p proval of Contract with Tompkins County S. P. C.A. y Alderi;lan Gutenberger: Seconded b,7 .Al,ie-fman Boothroyd RESOLVED, That the Mayor and City Clerk be and they are hereby authorized aid directed to execute an agreement with the Tompkins County S. P.C.A. for an amount not to exceed $311676 with approval. of any necessary <-hanges by , and City Attorney;y IT FURTEER RESOLVED, That .iie Tompkins C unCy S. P.C .A, be and they are �, designated the official animal contrul agency for the City of Ithaca. - 7- January 4 , 1073 Discussion followed on the floor. A vote on the resolution resulted as follows ; Carried Unanimously Bus Service to Outlying Areas_ 1'erman Gutenberger reported that the committee has discussed this item, and will be meeting with the county and the transportation committee of `he Board of Public Works for discussions . Mr. Steven Chaney will be invited Iq the meetings . 'financial Commitment to Detective Tucker, Tompkins_ County Youth Bureau Board .J derinan Gutenberger reported that the committee felt that Detective Tucker would be an excellent choice to represent the city on the Tompkins County Youth Bureau Board, and if the meetings were held while he was on duty, hopefully arrangements would be made within the department that he could attend. However, the committee felt if the meetings were held when he was off duty, the City of Ithaca could not , as a policy, compensate him for attending. i ra. Road Curb Assessments 4-11nal—cirman p re er Gutenber g orted that the committee would like to meet with the OJoard of Public Works and the Elmira Road Merchants ' Association before doming back to Council with a recommendation. ayor Conley informed the Council that the Elmira Road Merchants ! Association ad aaet: the day before and plan to meet with the Board of Public Works on January 11 to see if they can get recommendation from the Board in support of whatever it is they are going to be asking for. Alderman Gutenberger suggested that inasmuch as the Budget & Administration Commit ,:ee will be wanting to meet with the Association before recommending to Counci::i , that they meet with the Association and the BPW at their meeting on "he 11th. ity. Attorney Budget Request lc�erman Gutenberger reported that the committee had discussed the item and it i.s their- recommendation that the city return to the former procedure of having the City Attorney on the payroll , and not a contractual item. I't does mean soine increased cost to the City becuase of fringe benefits , Discussion followed on the floor. Resolution By Al(li-;rman Holman ; Seconded by Alderman Meyer RESOL,`_.Tl , Ti:at action on the procedural change which is substantive , be tabled until the next regularly scheduled meeting of the Council at which time a resolution accompany the agenda. A vote on the resolution resulted as follows : Ayes C8) - B.ordoni , Boothroyd, Nichols , Meyer, Dennis , Holman, Boronkay, Slattery (1) - Gutenberger Carried 'Remo r t_> l erii,an Gutenberger. called attention to several items which came up in the udge ,,xocess as follows : i _ t Al er,hjn Gutenberger commented that under the old procedure one member of the B udget 'and Administration Committee would do the audit and bring it to Council for action. Under the new procedure Budget and Administration' s input- into the audit was not necessary, He feels strongly that Budget and AdmiTii.s-t:ration, or a member of B&A, should look through the items as they come through. Secondly, he _:eels the audit should be twice a month instead of once . Tt. would mean an i_,t:" al char e _a.. far as the chec::s to ho written- -it would spread the workload in -:he Finance Department ? hit , making it much easier, He said the committee will have a recommendation in the near future , 14 -8 January 4 , 1978 Maintenance Facility and City Vehicles Alderman Gutenberger reported that -Fe—has asked Asst , Supt , of Public Woxks Dougherty to update the report which lie made a few years ago in respect to .costs and possible cost savings if the city were to maintain all vehicles in the maintenance facility. Reserve Account for Major Equi merit Alderman Gutenberger reporte t at this item has not been discussed in depth, but will be , and he expects to have a report. Compensation for Part-time Employees ° Alderman Gutenberger commented that he is not sure whether or not there is a scale for part-time employees , and the committee will probably be bri_ngin something back to' Council regarding th.i.s. Contracts Alderman Gutenberger commented that the committee may have a possible recommendation that all contracts for contractual service be approved by the Council before signing. C.E.T.A. Alderman Gutenberger commented that this is the type of program which nay run out (target date is September 1978) . The problem we are facing is that we have constantly told people as we have hired them that they are hired strictly as C. E.T.A. workers and when the program runs out , they no longer have jobs . This will create problems when those funds do run out because those peopld are going to be on the payroll and it will be up to this Council to say, "I 'm sorry, you' re gone . " More and more applications are coming into. all departments . Most of the dep.artments are putting on C. E.T.A. people. Alderman Gutenberge-r -said' he thinks next month the committee may bring a recommendation to Council that all C. E. T.A. worker applications must b approved by the Common Council before any individual department head hires them on his own without Council knowing about it. Tin Can Alderman Gutenberger commented the committee are concerned about the us-- an( expense of the Tin Can and to what use the city will be putting that buildir He ,said the committee may bring a recommendation to Council regarding ul;- dating, remodeling., or .perhaps removing that building from city use. ''Postage - Minutes and Agendas - See Page ,9 ; Resoiu ion By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That Budget and Administration Committee and the City Controller be empowered to take all steps necessary to reduce the amount of maililigs' of the agenda items and notifications of meetings . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously HUMAN SERVICES COMMITTEE: South Hill Safety , Alderman Holman commented that there was a resolution in Council requesting a report on South Hill safety and the steps that were being taken, and that resolutioni carried the date of the January meeting ; howevt-r , she understands that the Board of Public Works committee is working toward a soluti^r and it will ultimately come back to the Council. INTERGOVERNMENTAL RELATIONS COMMITTEE : T,m��?l: ns County Interbovernmental Study Committee j T-Merman Slattery reminded the Council- that there is an appointment to be made to the Tompkins Cc)Anty 'Intergovernmental Study Committee . lie said he would be happy to accept ;:Ile appointment except that due to the meeting time in the afternoon it is impossible for him. Alderman Slattery also reported that he had spoken with Supt, of Public Works: Dingman regarding expansion of the sewage treat+ ont plan A meeting will be I-e d in February rograrding this matter. -9- January 4 , 178 UNFINISHED :`) MISCELLANEOUS BUSINESS : Store Hour,_-__ Alderman Me% �-r reported that she had a report from the Downtown Business- men that the% - have taken a vote and are going to be reopening the stores on both Thursday and Friday nights permanently in the coming month. Condition of lot in Center Ithaca area Al erman Meyer -reported that the Downtown Businessmen are concerned about the lot in the Center Ithaca area which many people are walking through in }le evening and find the area is not safe for walking because of the chuck ac>s and irregularity of ground, and request that something be done on a no rary basis to make that a safer place to walk. Air';xO Conley commented that the area is the responsibility of the Urban Renewal Agency to maintain. There are funds for this purpose . Mayor Conley requested Alderman Dennis to make sure that this is brought to the attention of the Urban Renewal Agency. ADJOURNMENT : ,+ommon Council adjourned into Executive Session at 10 : 02 p.m. to discuss personnel and litigation. 0.1.E Jos )h A, Run lc� e ,—laity Cl k war J. Co ey, May I *Postage - Minutes- and Agendas ATTe_rma.,,,-,, Guten erger reported after talking with the- City\ Controller and seeing the mailing lists for the minutes, agendas etc. , hi\s recommenda- tion ks that Budget and Administration Committee of Common Council with the City Controller, be given authority to Pare that list down, His !- inking is that there i.s. no reason why, kf a department head gets the notification of meet.;L:ng and agenda, the employees in the department get the same, thing', He seep no reason why'.a department head shoul.d' not d ;ssemi:nate that informa- tion to lits 'own staff,, There are a lot of other names in. departments on that 1,i -.t COMMO; COUNCIL PROCEEDINGS City of Ithaca. , Not %, York torgcncy Meeting 3: IS p . in. January 20 , 1973 :Fti'r',t�I . Mayor - Conley Idcrraen (9) - Boothroyd, Bordoni , Beronlay , Dennis , Holman , Meyer, Nichols , Saccucci , Slattery •�BSENT : d—erman (1) - Gutenberger THERS PRESENT : City Controller - Daley Chief of Police - Herson Building Commissioner - Hoard Asst . Supt . of Public Works - Hannan City Engineer - Cox Asst . Supt . of Public Works - Dougherty Planner - Meigs ity Chamberlain - Wright ire Chief - lVeave-r Mayor Corley addressed the Council as follows : <'I called the meeting today because I want to discuss with you the situation QWe have been going through the past few days , and to inform you what the situation is ; also the possibility of declaring the Fall Creek water situation an emergency. It would be a great help to us and to the school distr=ict . The real emergency may not have yet hit us and yet it may be a situation t;iat is stable ; also , it may be a situation which calls for actions which have to be taken on an emergency basis - under emergency provisions teat we have- the ability to cope with any emergency, to call upon any help that we de,:,'m necessary at the tilme . spore to N. Y. S. Deputy Director. of Civil Defense Arnold Crushky today ^•egar(ii.r.g the situation in the city with the High and Junior High Schcels and the residential districts , the flooding in the Fall Creek area. , and continued snow problems . I have requested technical advice and assistance , and this will be provide(. by repi-esentatives of the U. S. Corps of Engineers and Departments of Environmental Conservation and Transportation. We have discussed damage to private; and public property , and possible federal and state assistance that may be made available to us . When we know the extent of the damage , we. have arranged to notify the appropriate federal and state agencies for our assistance needs . In regard to the physical damage to our schools , we have explore` the federal and state assistance available , and have notified. Richard Backer of this information. In addition , Congressman ?Matt McHugh has been i_r.,. constant contact with us and the school officials and wi11 assi_st in evory way possible . His staff is currently researching funding possibilities . The Nei, York Department of State has also been in constant toLich with me , and is preparing a list of programs that can assist us when we '_know the extent of damage and our needs on an immediate end ultimate basis . The city staff has been doing an outstanding job under difficult conjitions , working around the clock on 12-hour shifts and have been able to cope with all problems we have faced. Most of the residents in the north end have =ump 1"Irps in their basements that have been able to almost cope with the roblem. As the water has come up above certain levels , our city creels �Ithe Fire department and Water and Sewer Department) have sent equipmont in to pump out basements down to a level where the sump pumps can handle it and the crews then move on to other houses . Diversion ditches gave been made , cutting through the dike at Cayuga Street Bridgc , to allo.v water to run down North Cayuga. Street onto Rout: 13 , thro'UfOl tewart Park and back into the lake to divert the jam :ie :gad in th,' creek. to relieve the pressure to let the water go . That. has bloeii successfu:i Mn,���nirt t1Z�t it �.rnr}`c and lla= bPFn r,f cnm }gyp? ,.r 1, _. .. _ '-P f � .. certain amount of stability to many of the homes do.vn. There . A ft"vr p roblcr�s are increasing and a few are g,- tting better.. 1 -2 - January 20 , 1 I have called an emergency meeting of Common Council to review the situat > and to recommend a local State of Eraerr,ency. I ,rant the mcdia and cite pu Lo be made fully aware of our efforts and the arrangements we have made . have talked to "the U. S. Army Corps of Engineers in Buffalo and they will i in the city tomorrow to provide us with additional technical assistance . Our city officials have been working 24 hours a day for several days , and h been extremely helpful in working and in planning for future events . The N. Y. S. Departments of Transportation, Environmental Conservation , Civil Defense , Corps of Engineers and Department of State have all been most ,';, p^l and cooperative . They are all aware of our current problems and futurd concerns which we have . I I ask that we declare that area an emergency for the purpose of opening UP channels for us to seek assistance which will be of help to the school district . It appears that the high school will be out of action for some period of time ; we have no way of knowing how long that will be (perhaps a six-week period) ; the junior high school can be operated. As a result of the last snow storm we were not able to work on the streets and the parked, abandon, -d, illegally-parked cars created such a problem to us that the ploughs were not able to perform well enough which caused us concern.. In working out a solution with Chief Herson , Jack Dougherty and Chief Keaver, we devised a plan that we would be towing cars and declared a road emergency, as there was not time to post the streets and plough 24 hour later. All illegally parked cars were towed in a normal manner to Cass Par„: Legally-parked cars which had to be moved were done at city expense . We towed 60 some cars the first night and some since . We had to remove the ca to clear the snow because we have students coming back this weekend as well as expecting more storms to follow. ” Asst . Supt . Hannan addressed the Council : ''The ice jam that is csusng the prcble:a is really a result of the slush which Formed with the heavy snow storm. It forms at the level created by the lake which froze over first . iVhe71 the > J ush gets to the point on the lake which is frozen solid it st''ts and keeps packing in , driving it toward the bottom of the stream until j finally you have a condition of solid slush to the bottom of the stream: �It moves through the soi:1 slowly enough to be handled by sump pumps . First r-he crews tried to cope with the sump pumps and have been working 24 hours a day on that situation and repair of pumps as the need requires . Secondly, -t=ie ha to remove the pressure . ti�le opened up the golf course so that grater flo cr arc:.zr.d the ice jari. It became obvious that this wasn ' t enough sr .ore .opened a channel at the Cayuga Street bridge and let the water flow fihere . The situation is now stabilized, Adversely we created the flood on Cayuga Stree which spoiled the access to the school . This was already spoiled because th highschool parking lots were flooded because the storm sei��ers froia the creek had backed in there . This would have happened anyway. As a matter of fact we probably relieved that situation at Lake Street Bridge where v.re dropp=ed the water two feet . At the present time , as far as the Fall Cre:;k is concer.. the situatlon is stable and we are able to cope with it, In a meeting with the school people they were concerned about access to the properties , etc. We have assured them that we will be sure they get access " at least to Boynton. We ha=y" a similar situation in Cascadilla Street the week before 1�rhich we tackled by using the hot water from the sewage treatment plant and overnight took care of a bad situation. " 4. Mayor Conley commented that the city needs a permanent constricted contrc to bypass the situation and avoid flooding the schools . Asst . Supt . Dougherty reported that he and his crew are continuing snoiv removal operaciciis so the traffic can move , and by tomorro,; should know the results of the storm Occurring at the momen'. hio,, deciae ;What extra steps , ii any ti;ey siloulci take . Alderman Bord-oni aslc,ed if arrangements could be made for a hardware store to he }:ept open durii;g the elilcr ,•.,c.,v, in the event the residents needed to make }��archases . - 3- January 20 , I�Tgl Merman. Boothroyd arrived at 4 : 00 p .m. ief of Police Herson commented that the question is bound to come up , ,diy are we moving cars at city expense?" Also , he said it became obvious ' i,e night before that we are running out of wreckers . If the cars cannot moved, the snow cannot be removed -rom the streets . There is no indepernden.t wrecker service iri the entire county that can handle the number of cars it has been necessary to move in anticipation of the current storm. `' .vor Conley commented that the determination has been made , when the snow ( as deep as it is , that the best the city can do is run the ploughs ound and open up passages into areas for emergency vehicles . rurther discussion followed on the floor. Resolution By Al erman Dennis : Seconded by Alderman Bordoni WHEREAS , the City of Ithaca has been hit by repetitive snow storms and freezing conditions , causing extensive flooding in. the Fall Creek area in the north side of the City , and EREAS , said conditions have worsened so as to create an emergency situation a result of a natural disaster; 6JWP TIIE', EFORE , BE IT RESOLVED AS FOLLOI'VS : cl:( That a natural disaster and emergency condition has existed since January 14 , 1978 , in the said Fall Creek area of the north side of the City of Ithaca due to flooding resulting from the snow and ice conditions , and that said emergency status shall continue until terminated by either the Mayor or the Common Council , a.nd 2 . That the Mayor be and Ile hereby is authorized to use and employ- any and all facilities , equipment , supplies , personnel , and resources of this city in such manner as may be necessary and/or appropriate to cope with said natural disaster- and the emergency consequences thereof 1 pursuant to the powers conferred by Section 209- 0 of the General Municipal Law, and 3. That the Mayor be and he hereby is authorized to request and/or appl; for any and all appropriate assistance and cooperation as may be availi_abl.e from other governmental sources . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously ADJOURM11;?NT : On a motion the meeting adjourned at 4 : 20 p .m. 0000v�m4wx Iry sciiiA. Pundle , City Clem Ecwar J . Coe ey, ?�1ayo 21 COMMON COUNCIL PROCEEDINGS City of Ithaca, New York Special Meeting 7 : 30 P.M. January -L978 PRESENT : Mayon Conley AiderTnen (9) - Bordoni , Boronkay , Dennis , Gutenberger , Holman , t*Ieyer Nichols , Saccucci ; Slattery AABSENT : lderman (1) - Boothroyd OTHERS PRESENT : Director of Planning & Development - Van Cort Consultant —McDougall Planner - Williams Urban Renewal Agency member - Stein City Clerk - Rundle PLEDGE OF ALLEGIANCE : Mayor Conley led all present in the Pledge of Allegiance to the American flag. [jJAlderman Holman requested the Council to observe a moment of silence in sympathy for Fire Chief Charles Weaver , whose mother passed. away that Q afternoon , and if the Council so desired, a resolution of sympathy be spread upon the Ininutes of the meeting. Mayor Corley commented that an appropriate resolution from the Common Council will be spread on the minutes and a. copy forwarded to lire Chief Charles Weaver , which was unanimously endorsed by Council as follows : RESOLVED, That this Common Council extend their sincere sympathy to Fire Chief Weaver and his family, knowing the sorrow they must feel on the loss of his mother , P,Irs . Clara Jean Weaver. BE IT FURTHER RESOLVED , That a copy of this resolution of sympathy be forwarded to Fire Chief Charles Weaver. APPROVAL OF MINUTES : By Ali'c�rman Saccucci : Seconded by Alderman Bordoni RESOLVED, That the Minutes of the December 28 , 1977 Common Council meeting be amended as follows : v RESOLVED, That the capital p.'oject , Cass Park Softball. Fields , be increased by $61 ,000 which will permit the work to be done in the coming year (on the softball_ fields) . (Delete "and Tennis Court" from title of Capital Project . ) BE IT FURTHER RESOLVED, That the Minutes of the January 4 , 1978 Common Council. meeting be corrected as follows : 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 an amO:In7r not to exceed $31 , 767 , with approval of any necessary changes by the City Attorney; and . . . . BE IT FURTHER RESOLVED, That the Minutes of the December 28 , 1977 , January 1 , 3978 and January 4 , 1978 meetings be approved as amended and corrected. Carried Unanimously 4SPECTAL ORDER OF BUSINESS : Pub I Heari_iig Pro )Lased Community Deveio ,rient �licati.or.s Planning u Development Director Van Cort addressed the Co-unci l as 1'01104s : "III early December t.h° Urban Renewal Cogency authorized t ,e ,Iayor to a�lpoi7it a Coimilunity Advisory Committee , which was done. . Since that time the iol7mur:iiy AdVl`;OTy Committee has been working on preparing a rc-coi—iimen.dat lon on the application which they did complete and submit to the Orban Renewal Agency about a week and a half a o. Since that time , the Urban "Renewal Agency have- been working on It and have made some r,-,visions In the fi CO?iiillf ilCi?tioil's %„Ti>icth came to them from the Advisory CoTT mi—fl-i-ce and both of the T CC? 1Ite7? �iti ClhS vrll 1. be outlined tonight for your conslderat ton , IN'Ilcri 11-o stal' :ed this were talking not only PbC)lit 4.110 l'OuTth yee,;T U i:itlC:mehit , +lt1t- 'vJr i s 0 t t we iVt?111 CI be b? ln�111�� to yo'c1 at 11S t..i me i.i cT i ' 3 . t i-:`i? fc ,. Cii STiia' y %i 10F1 L +Il1C tliliE'[able^. oil t'i;lt. li;is bt•.'.el ,,KiYii}( ., 1;)' -IhC:' �Cid.'i2_i, o1ICr111Ctf'71t” ' (T. 22 _ 2_ January 25 , 1978 we are continuing to work on that . You will be given two things tonight : 1. Fourth Year Entitlement of Community Development Block Grant : Ile have bee- receiving, each of the first 3 years , $426 , 000 . In the fourth yea, we will receive 2/3 of that , or $2854 , 000 which is the new money which will be discussed tonight. In addition to that the Agency is submitting to you a revised or amended budget which calls for activi- ties which were not programmed in the previous budget so • that re- programmed money is what you will be going over tonight . The Community Development legislation passed by Congress folded in a large number of pre-existing categorical grant programs . The purpose of the legislation is to benefit low- and moderate- income people , to perform neighborhood conservation, and to do economic development type of activities . Those are the main purposes of the Act . From the beginning this city has tried to stay very close to that legislative purpose in the Act . In doing that there were three policies which the Urban Renewal Agency established in setting up the Community Development Program in Ithaca. The first of those was that money would be concentrated in capital expenditures , not in programs : that is , single-shot capital 1,uil.ding type expenses and not in ongoing programs which would create a liability for the city in later years at the end of the grant period. That has been followed strictly throughout the first three years . The second is that the administration of the program would be paid for out of the general revenues of the city. There have been exceptions to each of these policies but that policy has been followed pretty closely. The first year there was some money for administration. The final policy was that the money should be concentrated in a target area of the city - area of greatest need. ,As to the first policy , this application before you still continues to follow the policy of capital improvements rather than services,. The only , or sligh17 ciia r.�ge is that there s a Yeccmmendation for some p1 annirig at ne 1be�a. s the Kaye built many of the capital prof ects that we previousoly � lanned for and. both the committee and the Agency felt , with the staff, that there wou —14 be some value in putting money into planning for future projects in future years for the program. At Council ' s direction some money is being put intl *r administration of the grant program. Council , as you remember , during the budget last fall , took some of the money out of the Department of Planning and Development ' s budget and said that that would come out of the Community Development grant. In keeping with that policy the Agency has made certain recommendations about administration of the grant which will come o,.-.t of the grant itself instead of coming out of the general revenues of t13-e city. Finally, this year' s application as it is being presented to you tonight continues the policy of concentration , but there is an exception because some of the money is now being recommended to be spent outside of the tar-Ot area, either in historic preservation , economic development activities of on a city-wide housing or sidewalk program. The reasons for concentration: You have a packet of material before you which has much of this information in it , but I would like to go over these statistics with you very briefly. most of the money in the fourth year is concentrated in the northside and southside . These are the areas west of Cayuga Street , south of Cascadilla Creek and Route 13 , east of ;­ieadc�,v Street and north of Spencer and Elmira Roads . That area contains roughly ?1 . 60 of the city' s podulation and these statistics come out of the Community Renewal Program report which you remember was done several years oho and serves as the basis for a lot of the work that we have been r1oino in the Community Development Program for the last three years . The CRP has been , an invaluable background document for us and it is the kind of thing we aj going to have to start updating in. order to keep projects coming down the ', pipeline. " A comparison of some of the other statistics for that target area: 73. 80 of the city' s blacks ; 37 . 80 of the elderly , i . e. , people over 62 years of age ; 45. 5% of families with female heads ; 40 . 20 of -families below the poverty line ; S6. 0 of families on public assistance ; 45 . 0% of families Below poverty level with children under 18 ; 80 , x'0 of femalc- househoid heads below poverty level with children under 18 ; 5`, . 8?; of elderly porsons 'helot, poverty level live in the talg^t area. - 3- January 25 63. 0% of the are, silents arrested for n_i.es lived in the area in 197 ! 4 65 . 0% of the arc,,. .°csidents arrested for j . mile delinquency resided in tile; area in 1971 52 . 50 of the recipients of aid to dependent children live in the area ; 54 . 0% of the Ithaca residents dropping out of highschool from 1967- 1972 live in the area. We have also included statistics on schools , and statistics distributed by the Ithaca City School District show that Central School and He-.,try St , John School have by far the highest ;-oncentration of Title 1 students which include ADC students and full Social Security, partial Social Security , food stamp , free lunch and foster children. An unduplicated 80% of children at Central are on one of these programs ; 55% of students at Henry St , John. Housing Statistics : Of all the housing in the city , if you divide it into 4 categories of condition. , -the poorest two be=ing deteriorated and a�lapi- dated, of all of the delapidated units in the city , and there were 83 of them in 1975 , 34 % i- cre in the northside , 47 percent were in the southside . To give you the statistics in another way , of all of the units in the northsid.e 30% "sere either in the worst or second to worst category; 39% of all t ?e T-A units in the. southside were in one of those two categories , That is the q' reason for the concentration of the program in the north. and south sides �,nd we feel confident that we have begun to work on some of those programs , " QPlanning Director Van Cort reviewed the following with Council : Q PROPOSED CO -1,11 ii`ITY DEVELOP •LENT PROGRAM - FOURTH YEAR 1978- 79 The City of Ithaca has receivect $1 , 278 , 000 over the past three years under the Housing and Community Development Act of 1974 . In early February the Contnion Council will approve and submit a Fourth Year' s Application for an additional $279 , 000 under the Hold Harmless provisions of the Act . This amount is reduced by 1/3 the annual funding levels for the first three years . «~egress recently passed legislation renewing the C. D. program for an lIi.tional three years . As a result of the 1977 Legislation two new prog-r-T;ns --" (Small Cities anal. Urban Development: Action Grant) were created. Common Council anticipates applying for the former program in April and the latter in ]_ate February. The fallowing description explains the proposed categories of activities to be included in the application for the fourth year. , Proposed allocations are indicated in parentheses . 401 and 402 Reliabilitation Loans and Grants and Ac'.minist-ration ($125 ,000) The City pledged_ $400 ,000 of its C. D. funds to be allocated over a. period of four year, to the high risk loan fund of INNS ar_d $25 , 000 per year for four years to support the administration of the program. The INIIS Corp. has been functioning since February 1977 and. has provided 17, loans at an average of $5 , 000 . 403 31.'L Loan Administration ($20 , 000) Owner occupied houses will have the assistance of the INHS program for Mousing rehabilitation . Rental properties in the INHS area can be rehabili- •-_ated with 312 loans if the city has the capability to submit loan applica- ions . The cost includes a salary for housing counselor/rehab specialist :.nd. secretarial help . 404 Citywide I?mergettcy 'Fund ($ 7 , 500) Although assistance in the housing area is being concentrated in the target neighborhood to assure impact and effectiveness there are emergency sitia- tlons which nood attentioii immediately. The Community Devel.opme.r?t Agency recommends that grants up to $ 300 be available in emergency situations to be used for materials in conjunction with CHORES , INIIS crew or winterization . (25 grunt arc anEi.c.ipatca. ' J -4- January 25 , 1978 40S Land Ranking ($ 30 , 000) This fund will provide a resource for purchase of dilapidated buildings , vacant lots for new hoizsiag or other purposes . An immediate suggested vsee is to purchase a dilapidated property adjacent to the Southvie:a apartments' for clearance and construction of a tot lot . 406 Neighborhood Improvements ($50 ,000) Now that INIIS is established and operational , complementary activities have,'° been initiated. Neighborhood Improvement funds are being increased in the 4th year application to augment the funds allocated to this activity, it former years . This line is meant to provide improvciiients where Necessary o to curbs , sidewalks , streets , lighting , lanscaping of public rights of way, and street furniture . The work will follow the progress of the INNS program. 407 Junk Removal ($5 , 000) Abandoned cars and general rubbish will be cleared out of the backyards of CD target area residences , with the assistance of this line . 408 Citywide Sidewalk Fund ($10 , 000) This fund will be used to provide assistance to property owners unable to repair their sidewalks on their own. 409 Administration of Community Development ($20 , 000) In former years most of the administrative cost of running the Community Development program has been absorbed by the city. This year some acditional administrative costs will come directly out of grant . 410 Contingencies - Local Option ($11 , 500) Recommendations from the Community Advisory Committee for Fourth Year Entitlement projects were presented to Council with the recommended changes from the Ithaca Urban Renewal Agency. Resolution Lo Open Public Hearing By Alderman Boronkay: Seconded by Alderman Slattery RESOLVED, That the Public Hearing to consider proposed Community Development Program Applications be opened. Carried Unanimously Clarence Reed, Chairman, Community Advisory Committee , addressed the h,.-wring , saying the committee went citywide on one item: small repair grants for those whose incomes were below 12So of the poverty guidelines of CHORES and Ithaca Neighborhood Housing Program uses . He said the committee has not met on the proposed $20 ,000 for citywide housing program, and asked hole far that is really going to go. While repairing and building up northside-southsi.de target areas , you don' t want the rest of the city to go down. Ancther point- - the addition of a much larger amount into historic preservation: he said the committee is looking at a number of proposals and turned down came , one in particular (Family and Children' s Service) , because to _fix up tie outside of a new facility is not as high a priority as fixing the inside . The Strand Theatre- -the Council has suggested they look to Community DevelopmeT?': fund'°"°" for some help. The committee does not have before it the proposalt from the Boardman House . It seems the amount of money going into historic preserva- tion is high. He thinks the Common Council should be considering just how ` - wi• to depart from the target area approach as opposed to a scattered site approach , and whether or not the job is done in the target area. Carol Sisler , Executive Director, Historic Ithaca, c-mmended ?Mayor Conley for the efforts put forth by the city in fighting t:Iie flood in Fall Creek . Ms . Si -1er reported t%.at there are 700 members in :Historic Ithaca , r,.ostly in the city and spoke in support of Community TMveiopment funds being used for historic 1)reserv1",G10Ti . She said she didn' t waTit to water down at all the of fort: in .iorthside.- southside , but thinks there is room for considerati_o.h of otl er parts of th-: city for the use of Communl_ L, Development money. - 5- January 2S. , The Rev. Samuel Perry addressed the Council as follows : "There has been a great deal of concern in my part of town since we herd of the changes recommended by the Urban Renewal Agency. I have looked at the proposed rules and some other material that has been given to me and it seems one of the things HUD insists upon is that the comuun.ity have a say in what is done with the money. I for one , and several o}hers , have attended the Community Advisory Committee meetings and those people gave their opinions of how the money should be used. I have a problem with - residents giving recommendations and agencies disregarding them. What I am recommending to the Council is that you very seriously consider what ! tiie residents have asked and requested you to do with these funds . All of the proiects the community have recommended to you are extremely im- portant to them. Secondly, the Urban Renewal Agency has recommended $20 , 000 for a citywide housing program and the i_tnmediate question that comes in- -) my mind is , "what are you going to do with $20 , 000?" The second gl_.:cstion that comes to my mind is , "who is going to administer the $20 , 000 and who is going to do the work?" I ask that you very seriously consider that also. " v­iSusan Clark, 323 S. Titus Avenue , Director of the County Office for the qq Aged, and member of the Community Advisory Committee , spoke to the Council (\] in support of the study of the W. State Street area, which she considers W vitally important to the target areas , as well as to planning. Q Arthur Pierce , Executive Director of Ithaca Neighborhood Housing Services , Q and member of the Community Advisory Committee , spoke to the hearing , saying he shares some of the concerns of Mr. Reed and Rev. Perry. One of those concerns deals with the concentration of Community Development funds in. a target area. It is important to recognize that the Advisory Committee talkocl abort using it outside the target area only in very limited circumstanices . The one real departure from the previous policy was to set up a small fund for emergency housing repairs citywide . The feelini- of the group was that if you are talking about housing program, you have io concentrate it . You can' t do one house here and one house here , because doing it that way you ,have to do every house . There are almost 700 buildings in the city meeting that description , or several million dollars worth. He said they talked about CHORES citywide , or within the target area with I` I-IS ; they didn' t tali.k about a separate fund and trying to find someone to run it . His recommendation was to use the $20 , 000 to support a citywide emergency fuald to deal with the basic immediate social problems , or considering suppol't of tho CHORES Program directly. Joe Spencer, 306-C Center Street , Manager of South View Apartments , spoke to the Council in support of and presented a list of residents of the area who s'fn-oort , the Parks Development Program for that area , Barbara Theusen, Executive Director of the Strand Theatre , spoke to the :fearing , saying she hoped the Council would continue to support the Strand Theatre. She said that of all of the 24 full-time and 18 part-time employees , as well as 4 work relief and 4 internships , almost all these people live in the north and southside areas . Lucy Brown , 51S N. Albany Street , member of the INHS , spoke in opposition, to using $20 , 000 for rehabilitation of housing stock outside of the te-rget area. Alderman Meyer , speaking as a resident of East Hill , addressed the Council in suppojt of money being used outside the target area , and requested the ,Council to consider some small amount for the Collegetown-East Hill area, Nani:ambu Bomani , Executive Director of Southside Center, spoke to the Council. , saying the Community Development funds should be used for low income residents and not for homeowners who rent out their homes and have recourse to other unds . Stuart Stein , member of the Urban Rene , l Agency , spoke to the hearing , stating that the Urban Renewal Agency . ;cognized virtually all the rccom. mcr�dtit 1 crLs of L nc Ad,+ , ,o,. y �,,�,��,,, , +. ,. - a _� - . .,1. : ,i+., jnlu � 1�c �. 1_d.�. - -- mind with the somewhat heated feeling i :2 this room bec=ause he sensed , cis one m j,,iber of the majority , and it was a 3- 1 i otc , that they did =,omet!-J :ig 26 _C,_ January 2 5 , 1.9 7 8 dastardly to the will of the people as it was presented, and he said that was not so . The changes came from a relatively small number of categories . Tt is riandated by the government that 750 of the funds be used for target Population. The total sum of money allocated for 4 years was $1 , 557 , 000, and of that sum 87% has been spent or targeted for the northside-south#id areas , approximately 5o for administration , and approximately 8% citywide for a i�i.lot study. He said he feels some money should be made available for people outside the target area for people at the same income level as those in the target area so the Agency addressed themselves to equity , be- lieving that a little bit in other areas can prevent deterioration. I tow Margaret Jones , 509 Cascadilla Street , addressed the Council , stating the $20 , 000 should be spent in an orderly fashion and supporting the suggestiol, of using it through CHORES. Clarence Reed stated that the committee preferred to target these monies , and if the committee continues they are going to be looking at the other funds and would hope that other areas might figure into some of the other kinds of funds , even the targeted areas . Improving the safety factors in the targeted areas is one item they will be looking into and that may be something which can be done citywide . Collegetown : he said certainly something has to be done with the landlords in that area. He doesn' t like the places the students have to live in , and in spite of what landlords are saying, somebody is making some money. There are ways of keeping those properties up and the committee are going to consider those . Planning & Dev. Director Van Cort reminded the Council and public that the hearing was being held on three other subjects . Planner Williams reported that comments are being taken on UDAG applications (Urban Development Action Grant) which is new in the Community Development legislation this year. It is meant for economic deveiopraent activity in such areas as Collegetou,n , a major rehabilitation program that can be started in a residential area such as ,T Slate Street , South—west development area. The Agency i.S proposing now, because they are projects which have to be ready to go right now , and also projects which have private investors who are ready to put their signature on the lint: and. say that if the city gets money to match there, they will do the project , that the city put in an application for the Cent! Ithaca project with the private developers working on that now to help that - project and the downtown economic development . In the future UDAG-, are also available every quarter , and they can consider Collegetown , IV, State Street and other areas . Another program being considered is the Small Cities Program which is discretionary money that was always in the Community Development Legislation. Ithaca received Hold Harmless money which is almost automatic if the right thing is done . Discretionary money is the money the city is going to have to look forward to in the future because it is running out of Hold Harmless money. Discretionary money is now called Small Cities Money and is very competitive. Application must be made for a project which can be one year a mul'Li-yC;ar project and compete with other small cities in the nation for funds . In their deliberations the Community Advisory Committee started to develop a plan for the more comprehensive redevelopment of the north and south sides . The Small Cities Grants have to be projects that primarily bene-rit low- and moderate- income persons and when you compete on that basis witil other cities , you must put in a project that does that or else lose . You can do a targeted low- income area or a tailored low- income project. Ms . Williams stated that the other reason for the hearing was the performance report or summary of what has been done the past three years . Com,r:;nts i vrould be accepted if anyone wished . Alde-rman Holman asked if, under the Small Cities Program, a citywide renta)L° Housing and owner housing rehabilitation program - a solid well-thougl.t out program, could be app-lied for. Ms . Williams answered that it could if° the project could be sold. The Rev. Samuel Perry addressed the hearing , saying that as a black Tllan , and a husband of a black woman ; and a father of black children , he felt t_ +-..7 T T.. Z^ --l �,:�- C'•f Z,..A t n l- r 1.11`=; 4J1c,.Lr_ 1'i.,G1.,.L1? i!. 0 uvr ,e .t„��ii ��u. ii.; said lo� .�.; J .._t . the wrc)ng ar;'rOu.ch. r- 7- t� January 25 , {!3i1, s Mayor Conley entertained a motion to close the public hearing. Resolution to Close the Public hearing lyAlderman Dennis : Seconder by Alderman Holman RESOLVED, That the public hearing to consider proposed Commun4 Develop- ment Program applications be closed. Carried Unanimously Mayor Conley addressed the hearing , saying that he agreed with the Jei_ 2:J1i- nations of the Urban Renewal Agency, and lie agreed with Mr. Stein on a j- 2S , 000 program for "Sell Itha.ca . " The city has just appropriated $8 , 000 :o the Chamber of Commerce to "Sell Ithaca. " Ile said there are otner repsojis a.nd other ways to promote Ithaca.. RedOvelopiiiont funds are iimitcd and the o are activities the city can do which cannot be done with any other funds , The Community Development grant is the only way the city could got any money into historic preservation. Mayor Conley said he supported taking $25 , 000 out of planning to use for historic preservation because there is a city planning staff and budget which can do the things which that money would cover. N'HO said also that he has been. spending a lot of time with Alderman Bo7A.oni in the Northside area (the flooded area.) . The U. S. Corps of Engineers acid LJ DEC who came into the city to survey the area asked how many cellars had caved in and were amazed that none had. These cellars have been taking water through them for several days and eventually there is going to be" < somc substantial structural damage and there are , in fact , families in that area who do qualify for some sort of funds . There are large families 1�rho qualify and elderly people who qualify. A $20 , 000 program could provide money necessary to use in an area like that He said there is a lot of money in. the original application for the soft ware things and the city' s position has always been that we try to maximize th", Community Development Grant Program by having as much of the soft ware , as much of the planning !ioney and as much of the administrative funds be held by the City cf Ithaca �s we possibly can to maximize the amount of dollars that we have to rut :into specific programs which. are unique and which the city will never have - the opportunity- to put other public funds into . Mayor Conley said he also agreed with Mr. Stein on the fact that there a-e other activities , other people in this community, other situations which need help . He said he doesn ' t think it is unreasonable to ask the Ithaca Neighborhood Housing Service for their help in administering that measly $20 , 000 program and he doesn ' t think it is unreasonable for this city to expect other people , agencies or organizations in this community to support that type of activity. He said the situation on East Hill can get a lot better through the years because of the Code Enforcement programs this city has already gone into . There are many things that can be done to improve the Collegetown area as Alderman 114eyer suggested. The city has , in fact , a capital project and a commitment to do something in the Collegetown area. The city can take care of that area with the city' s capital program. It doesn' t necessarily have to come out of the Community Development Block Grant Program. Mayor Conley said he is very interested in seeing the West State Street study done , and in seeing the staff getting involved in that and doing as much of it out of their own budget as they can , and, if necessary , come to i'ounc:il. to ask for funds for that project if the city can agree . He believes >omething can be put together with resources other than the Community evelopment Block Grant Program. He believes that historic preservation end economic development could go Land-in-hand. It does serve low- income , elderly people , etc. Ele agreed that the city should do as much targeting as they can , but in addition 'lie believes they should look at the poss: bil.ity that there are other projects in the community , and the Fall Creek situation which the city is not out of, that the city ought to he in a position to offer some economic help to . Ile said they should i,ot he ;_ i7:tin neigh orhooi against neighborhood , or people � n the target area feel the city is d� ; ;_vir.g them of something. This city' s commi-t,ilent has always been Lhe I IIS I; c ;ra-r knd file target ncighbcrliood and it is still and. ivi_il ci;;? a_riue tc ,c . But there are problems in other areas of tiie community also lie said lie. thinks Clarence reed. and t:he advisory col mi tl-? c'e GIG 0i; (' 1tij`: '_ f ^, a lob. This was a very gcit7d. co!q)rellenti .ve report :that they cl 28 _ g_ January 25 , 1978 The Agency is closer to the city' s resources such as planning monies , and other monies which the city can spend if it feels neces'- �ry. Some Of these f�.�nds can be replaced with city programs if they carry high prior-hies and lie wants the committee; to look into some of the other resources . fie wants to work into some of the programs which don' t necessarily nave io c ;�=o out of Community Development funds , but other city resources . He said tie. will be laoi e than happy to �-,ork with the coliirlittee . In conclusion Mayor Conley asked the Council to adopt the Urban Renewal Agency' s recommendations that night for the sole purpose of putiing !e application in its final form and getting it to the A95 agencies by February 2 , 1978 . 7i" PR OPOSED COit?MUNITY DEVELOPMENT BUDGET - 197/ 7- 78 (Including Amendments to Previous Budgets) Second y°ar changes From: $100 , 000 Economic Development Acquisition To : 45 ,000 Historic Preservation Acti.Tities 35 ,000 Economic Development Studies 20 ,000 Citywide Housing Program Thircl year changes From: $ 159000 Neighborhood Facilities Improvements To : 159000 Handicapped Accessible Improvements Fourth year $100 , 000 Rehabilitation Loans and Grants (INNS) 25 , 000 Housing Program Admin. (INHS) 20 ,000 312 Loans Administration 7 , 500 Citywide Emergency Fundi 30 , 000 Land Banking - Acquisition , Demolition or Rehabilitation and Relocation 50 ,000 Neighborhood Improvements - INHS Area 5 , 000 Junk Removal 109000 Citywide Sidewalk Fund 20 , 000 C. D. Administration 1.1 , 500 Contingency - Local Option $279 , 000 Resolution By Al errriari Dennis : Seconded by Alderman Nichols WHEREAS , tine City of Ithaca is entitled to receive federal funds under the Community Development Block Grant Program, and I',HEREAS , the Ithaca Urban Renewal Agency has submitted a recommended budget to Common Council ; THEREFORE, BE IT RESOLVED, That the attached 1978-1979 Community Dc-veiop ment Entitlement Application budget is approved, and FURTHERMORE, BE IT RESOLVED, That the Mayor is hereby authorized to execute all documents necessary to obtain these funds , and j FURTHERMORE: , BE IT RESOLVED , That the Ithaca Urban Renewal Agency aA�.:inist said funds , except for the follo,,r:ing activities must first be specifically approved by Common Council : 1. Budget Amendments 2 . Capital Projects 3. acquisition of Real P operty Discussion follov;e:l on the floor regarding tine pro,-"oS,_, Co,11111uni1Ly De-vel.up- ?T:E:Il-: 1111 c(get . - 9 January 25 , jgkj An;�,ndment to the Resolution By Alderman Roronkay :�Seconded by Alderman Bordoni RESOLVED, That on the Proposed Community Development Budget 1977- 78 , under Second ve-r changes , f:conom:ic Development Studies be reduced. from $3 ,000 to X0 , 000 , and Citywide Housing Program be increased from $20 , 000 to $25 , 000. A vote on the amendment resulted as follows : Ayes (5) - Bordoni , Meyer, Boronkay, Slattery , Saccucci Nays (4) - Dennis , Gutenberger , Nichols , Holman Absent (1) - Doothroyd Curried After further discussion the question of the adoption of the foregoing amended resolution was duly put to a vote on roll call , ;vhich resulted as fo11ows : Slattery Aye Meyer Aye Holman Aye Boronkay Aye Bordoni Aye Nichols Aye ';. Dennis Aye Gutenber-ger Nay N Saccu.cci Aye W Ayes (8) Q Nays (1) Q Absent (1) - Boothroyd Carried ADJ()U:RN'IIIENT : On a Mo tion the meeting adjourned at 11 : 08 p .m. } se .TKun 1� A le , City Clerk EdwardJ. onley, >`T or I COM1,11ON COUINCIL PROC'id-',P � City K Ithaca , Now Yo Regular Meeting 7 : 30 P.M. February 1 , 1972 PRESENT: AUTYRA (10) - Boothroyd , Bordoni , Boronkay , Dennis , Gutenberger , Holma--.' Meyer , Nichols , Saccucci , Slattery SENT : I &Y-0—r-- Conley -HERS PRESENT : --f-y- C,_&jif r o e r - D a i e y City Attorney - Shapiro City Engineer - Cox Supt . of Public Works - Dingman Building Commissioner - Hoard Planning & Development Director Van Cort City Clerk - Rundle ,qIn tho absunae of Mayor Conley , Acting Mayor john Cutenberger chaired the CypeetJog. UALUDOF OF ALLEGIANCE : Gutenberger led all present in the Pledge of Allegiance to the <American flag. APPROVAL OF MINUTES : Fil� boo t'F1 i_--o-y d Seconded by Alderman Slattery RPSOLVED, That the approval of the minutes of Q0 JaDua7 it and 25 , 197 �' meetings be waived until the next meeting of the Counci] Carried Unanimously DDIT ION S TO THE AGENDA : Committee the following revisions and additions to the agenda : K a change in a figure an the Elmira Road Curb Assessment 2 . a revision in the Fall Creek improvements Cap0731 Improvement YesuluQW, 3, tbo addition of Voluntary Action Center Revenue Sharing Request 4 . - raquyst for Executive Session following the regular meeting, No COVACil member obiected p! ann A g an i-J-c A',�-5 t 1-am i t-f ee- ion of a resolution concorning Collugetown. No Council member objected. COMAMNiCATTOX0 '� /IS St" T i, , r Curbs on Elmira Road Improvement c s ; - �, '- City_UfQk_Kundle read the following, memk-andum from Mr . Mose Norman , President , Elmira Road Merchants Association, which was addressed to the City of Ithaca Common Council : "RE : ASSESSMENT FOR CURBS ON ELMIRA ROAD IMPROVEMENT You arc all aware that our organization is opposed the imposition for assessments for the curbing along Elmira Poad which was done in carjunctiori witL tLe improvement of that highway and that we bave met with Mayor Conley , the Board of Public Works and finally , a committee of the Board of Public Norks Tr an effort to resolve our differences . OUT OhjCLViOn to the assessment for the cost of the curbs arises from the rid s of the City Charter , Section 5 . 47 Subdivision 4 , which reads as nows : "The cost of o-r oinal curbs and gutters when Lonstructed in nection with the ori. rinaF—Faving of a street , 11t,­Iec� i t�'i c an assessed accordingly. The cosz of renewal or repair cuTbs and gutters shall he a charge upon the City at large . " This sub- , vision , when taken into conjunction with Subdivision 3 . which yel0tws to the assensmvnL of costs for paving and providas Vor the 55 - 50 PaYNart 0- has been pyoposed in our case leads us to Lhe conclusino unlass the instal- lation of curbs is •in conjunction with originof sTreur consrvpction , 0010 is una should he no chprge Yck to the individual propony GVQCCS ' It has been supposted that membprn of nur oypnnization con sunrad to CG. t sharing ,,.a _ 1 the project oan criginsliy proposed is nOt 6010 cut P; February 1 , 1978 of the tivo Boa rd of Pt.ibllc meetings trhich deal -t Sri-th this f,!;, i o fi s Tile meeting of April 13 , 1977 indicates that Coi-imilssi-oner Shaw C t -ollstruction. ALL that meeting, C olu- "I S e s s e d _�O% of the cost the t_io-n w;:ts ppc:-sed to establi.,,Ih a p tih_1 i c In 0 on, r)-c i I 27th 0-ol t-llo c:G-ast-,-uction of curl-s on El-mira Road and the proposed asSeSSll1CT1_t Of 50% Of MIC c c) t thereof against the albull-Iting, property owners . The minutes of April, 27th Q, that aft conven - u te public hearing , Supo I on - mi- DL T1 ;man r c p orte(I th L the Charter required that S0`0 of the cost of the l C11"bs be oil to t';' abutting property owners and that only one of our :,,iembers spoke to the quest ' of the cost factor and !the manner of pa)Tmont. during the public hearing . 71 n.r 1-e It has been our feeling throughout that the requi .Lements of the City Ch Z, - -wa.s undertaken. S p e c Jl f i-_a"*mP had been misrepresented to us before the project - required .1 1 the Chartei we 1:11're of the opinion that it flad been represented that t, that at 'Least 5300 of the cost of the curbing, be charged to the abutting property owners . It lias been suggested that the failure to o b i e ct a t Lite T3ubiic hearing on tale 27th of April , 1977 at least represents I'Lacit Coll' , t to the assessment . Hc:-,,.­ver , even if this is the case , tl,,--t tacit acceptance must be viewed in the context of the faisrepresentat4on of the requircT.,',elits of VIC City Charter and our ignorance of the provisions of the Charter at that Lime . has also been suggested to us that the fact that this manner of ,,,ssessing the COE."t of curbs has been carried out iii other instances , S-,pocilf'ically , Ciinto-i -aind Cherry Streets , and that Lherefore , this cons-citt!tes a pi-ece(lent to cl-c-rue us on the same basis is 111ter1t . The fact. 'Lla'a-1 lia-ve 4 - vv a y o v 0 r i- c s ar.-cepted- the Jmiposition of the charge without obi in f,o L li,:,, blatten , J-11c I �l violation of the provisions of the City Chart l­r- I- --i j-), 4 �I_Ti effort- to compromise and to avold the, necessity of L 11-It', -end to be of no benefit of either the city or the ,,,,.cmbor� -i, the 1],oard of PL110,11C !" ,)r s c for --r-ganization had proposed t.) at CU' o co c ol n c theft he City UO 2s, of -the S-­,J es tax rev.�­1 u �1 S 0 _�, L,j'!:1> O"t. c_oier the base of 1977 tonvard the cl--Lb fund w i t-11 the property own ,he t)I�e balanco , -if bo i n-�g i � cd to t'he u v�m- c� S --i od. This -�)Ycposal was rojo ed Ll n d Y` o v e a f ij - year poi I ?.Bohr.-standing that the Board of Public 1tio 3'ks is r e c o*,m c io d i -, � t t CS con-sideratioll of our col-,,mro-,P4 ­,e be Paslsed by Council P C r o-p o 3 a I rome to -vou no!,,i to asv th�jt voi., rnnz.iic,.r tlhe ms r )i in the a'L t eiat L Ve fo L 1 oo t'10 1,C'V 1 S I C 11 S 0_ the, y CI c y n A the ­r.Clre cost olF the cur r, ins t all ation a charge 0 e uI30 ji Cit-V it this appeal in -the hopes that our lt�s s 0 c 4 t j, 0 11 - T j te city c 0-�­ocrrrmt can continue to coo-pr,�rate -For our mutual benefit in the Future . I TT P T OINT S ANTI) TTU A R.T NT(�S OF P 1)SON!S BE TO_.Rf',_COUNCIL : a ter Pro91-ein ree!,, a S t r et ddressej the Co-unci I T c o 11 T i o o CL fhc a-c i?,-j are an-r- and o-,_itra­cJ, . -dzP-ts in thLe L S-1-Y UIIU _P-� said -1 em has been broLight 1-,e;i7ore tho Council -manY P-Ce 10,11 P CI)Lq p ottii a v arintion of the Ytrltit arO11l1CItt o,n 1 h e 0 d s to r) done U'u'u'lit tho I-t e r -r,r Ob I --1-,1. 1 T c 1-n 0-n t i("31 C(11 t 11 t t,,,o-1,0 an on tj",c I A proposal. of the Dep,,arimciit of Public 1"'Orks to do yet another StULIC," on F a 11 I T1 !ie --cs ' dt O ,% th su - s 10v v e e, 0 sad t u ons ar fc up i t6j -1 ­,- a C-t i o r-.. to Solve t 11-1 C p r o ID I m They feel theN, arc getLinIcy o.- LY li') C r 1.�,h a e J s t 0 i T I rl Q;. T'l 0 1) d V I L ��-1 !1(T F1 e S 0 rc t t 0 t s o, L,Ll S port: I to 1! C lc­,-­ ted r too long tie city Y h c's -J b G� 0 e said tlio ros-11t.1clits feel that fo Z 0(11 ri-a i c h dmvTii:o,.jn area and the Com,:­lons area --rid hav" , of its Cescurces to =rile i e t�L e d tl tC, mail �'re c k COC.1Tig OrOCif ,,l " G thy, I%ant C_ t_ 'S 0 fl,1 0 0 c tiiosLe resources into t' 1-o Pali- C C1 K area to correct the I t o 11 jclt cnCL ai-gcrs tht� Lr homc.ls ai-d 11ves - r 1)h o ii d c -3 'L J in 1.975 , wlLen Casc-ad i la Croor ov.,_, rflo+% d r r I-i -, L I f"0 1_� o was very 0,PP l i0'I f r i s, tc r tit t)c(-)I-,Ie who ',I-ci -F� oclll_�-d but denied 11-11c, relief 111,31d S . '0 City I ,, " -- - �.-j 1- F­ -1-- ­- T funds C.T) r-r e d 1)ac t o the s !eats t 11,1 'JI101'e I'T'AS il() 1� ­y P,lln(ldc s o the ( reek 13 t - :11 L. �'jj r I 1�C T' I C -J 1 V a t j 11 s s o c k (3 j n. 5"11r t.'._. f C7 j. 1c, !'q i- j J! Cr 2 d It "11(-, February 1 , a representative at Community Corners who would help process the applicatioll for funds . The Flood Committee of the Association informed the city of this information and nothing has been done by the city , to the best of his knowled7o , to follow up . He said , however , that some city officials comment,(l they d" I" ' t want the federal government to become involved hocause they ,,Id, want it done their way. BUDGET AND ADMINISTRATION : lyrovempts - Capital Project by Id man Slatto—ry: AlOrTan Saccucci 7! LAS, on January 25 , 1978 the Board of Public Works requested the Common 1 -cil to establish a capital project of $10 , 000 to be used to initiate Ovements to Fall Creek, and nEAS, this Common Council strongly supports the need for necessary capital. provements to Fall Creek ; X THEREFORE , BE IT RESOLVED . That the Board of Public Works be requested lo proceed as expeditiously as possible to develop a program for improvements to Fall Creek , and 01IT FURTHER RESOLVED, That upon completion of said p7ogy of improv;y0"s ATbe referred ay to the Capital Improvements Review Committoo for fuAjin(, qpqommendations , and B IT FUR-HER RESOLVED, That this Common Council requests all City Departments , B' -rds and Agencies to give this program the highest priority and to assist M Department of Public Works as necessary to assure its prompt compIction. Discussion followed on the floor. A Vote on the resolution resulted as follows : Carried Unanimously C-74UNTCATTONS FROM THE MAYOR: i-e Guterborger made the following Wointmwnts which werc confirmGd, y ie Council : Qivatqr fthnca Activities Center By Al o'Hdod. by Alderman Nichol s RESOLVED , That Fames Dennis be appointed as city representative to the GIAC Board. Carried Unanimously County Youth Bureau Board - ----- R§-!11er&!A--Sfa't f-,Yi-5 T—gecondcd by Alderman Boronkay RESOLVED, T%t Robert Cullen , owner of Cullen' s Sporting roods', who resides in Cayuga Heights , he appointed as a city representative to the Tompkins County Youth Bureau Board. Carried Uninimously, UNFINISHED BUSINESS : Tlter—nat-j-*17-a-i,,—,T-a-t-e-r-' Supp! relerrea to the Gconcil meeting of September 9 , 1977 , .wherein he ashod what progress had baen made in the investigation of an alternate low waLcr supply, and Mayor Conley replied that he would ash Supt . Dingman concerning the investigation , and possibly Supt . Dingman would make a nort . Sapt . Dingman said that while a great deal- . of thought and con- s �I, pion had been given to the matter, the department had not adopted or a I , tho hoard to adopt any policy as yet . B1 T AND ADMINISTRATICM COMMITTEE : By Aldef-Ahn A! derman Saccucci RESOLVED, That the Mayor and City Clerk be aDj they are huycby authorize, and directed to execute an agreement with the Finger Lakes Associntion , Inc. for promoting and publicizing the Finger Lakes Region J"o1 an nmount ,t to exceed $918 . Carried Unarimously 34 -4- February 1 , 1978 Aineadment to 1978 Law Budget Alderman Slat- . rv : `;ocondc,,C1 Ev A'j Jer-,;,an D?;llli s RESOLVED , That the 1978 Lahr Budget , A11-420 , be amended by transferring 520 , 000 from Line 400 , Contrac-cual Expenses , to Line 100 , Personal Servires , and BE IT FURTHER RESOLVED, That the 1,978 Personnel Roster be a:liended to include the position of City Attorney in Account .11420 , Law, effective da.nu_ i-y 1 , 1978 . Discussion followed on the floor. 7 A vote on the resolution resulted as follows : Carried Unanimously Elmira Road Curb Assessments By Alderman Slattery Seconded by Alderman Boothroyd WHEREAS , the Board of Public Works levied curb assessments on December 28 , 1977 for the construction of curbs on 309-416 Elmira Road, and %f 'REAS , a public hea�rinb thereon i-�as held by said Board on No,renlber 23 and December 14 , 1.977 , at which time the Board took action to finally approve said assessments and tiled schedule thereof with this Council for confirma- tion and final approval ; ";OKV THEREFORE , BE IT RESOLVED, That said assessments in the total amount of $ 53, 456 . 60 (copy of schedule attached to Tminute Book) be and t1ie sane hereby are approved and confirmed, and BE IrT FURTIiER Rx:.)OLV :D , That the City Clerk be and hereby is di rectod to p.-'^r_•--1'e a iiT 1i , (jri titc Cii:y C11.�.;;t t+'ilain la accortla–ac irii %11 'Such s`c}1Bd 11.f for the colloctlon of said assessiuEnts ; and that t1le Mayor a-,-,J Ci �,e authorized to slyn aI1d execute said ffarrant , idiereupon all such -�SSe.ss- ments will I)?. v1i dire ulld paVslb_Ie 11'C1m the Cla'te Cf exeCiltivn ti"lure() ; and on all such assessment.- or portions thereof remain n�, unpaid a.{:ter 1-lie exp:.. fi7.oI1 of Six 1lonthS fro-no,: t11( date of Sl)C1 4:a2'7'an± , the City l b'=t.tibf'Ti Play a per i>oris to I`ay 1-heir assossmen if the aggregate amount excec. :+s "1.5 , in i:lve equal iastall'ilentti y%,ith interest: at 5° on or aboat Junti 1_st each year, 1C'v-:ided ,1o',J�vcr , !1a.t aI ;T person des"�rlris_; to pay by :Lnsta1 1TfiC`::"�S � 'i<s.1, 1. drake a '1:. _cat Lon prG y iii w- itiTi to t City C haiiib rIaln ; aild cl%1 �)_ )11 C,:1't12S h.a,,ii ` such asseSSiilents or portion:; thereof of inst'a".±.THent p `'i ll.t`:; in arrears , a.-id remal-i'_1ng ?.:illp id 2r, tfle Close of any Clt;•' tax COli Cti0 7 sit) '1a11 be 1ncludeel by ti e City CI-jailiber'Lain in a suDsequent Cif-V tax sa 1_C� he iu fi 'v`i iiirif'i eaCll car such city tax colt-ctl.oli pt-�iOCi ; Cl?,U ,.1 �; Operty s h a i. be s old for any Lirlpa l.d assessirlents or portions thereof or ?ny unpaid insta.11ment. payments , to7o they with the outstanding bal ii-lce of suc,ti 1sta11- mT ;I "I)a.yme its , to�.e-ther ;4ith all interest , fees ariC1 penalties that .?r y have acs: r(led. Discussion Eoi o?; d on the floor. A vcte on the resolution resulted as follows : Ayes (9) - Booth—oyd, ordonl. , i3oronk<ly , Dennis , GutC'nl)`'rger , Hlel_:lan rIcyor ,, 'Nichols , Olattery NTTay li.) - SaCCIi_tc,cl CaI'ried s ,C)1it11n!'tClt. 1?.oad Soec13.1. Std+de.r A-ssesslllelli: >> A1(do ri ill a 1 S I . per Se con t; ' 1 by aicl rman. Holman 1 `.5 , Tilon Co1U11CiJ. i e�.C1�!.?.'n;l:_CI tC 1:'t�C Bi�ara 0:� I)`•ib w tiC::,' :�l CJ 11 JL?ly 6 , 1977 % 1t1"t iI"fi'ti' �+ .'Li;' ,iSS� tiniellt Ch.%i"rE'S o i7i. J:''• 1.;'S L , :. t.U�iiinLtG'1 Jii ?re:i el.la;i;"IlliCed bouinnin 1`1 'u , ),I1CI IEI<IAS , t1IE llc)t+.1'C! lJ ). il-1_)�1C rroik iet,t)Tl,1,cl(, d ill �i aIl t.lR�y 27 , 1978 ildt L,lis (;cmmon t..n,..i ..?uvvC; '1� special. yew;, ,.nsscssi!ient on p opertic� in the i�(.�;.IC11_ ;tn]1 I`ndct s+ttrle.`:ai o(: area T V,'D , t. tills Co ii:011 -'t):1111C11 T'eI-, C ro. 1–ic 1C;C1a.1 ='s` •.t�TiZ t'P t rni;n -i LC'4 ill the 1Cod:1ln"tC"_ 1:: ri %iill?. '.y ?tiril it i v '. )c :i1t1iY 1rt ol. is 11t,ai t ;r"1.0-C, as It coli1p;ltll.il(' 'v:it Elie Ii orm,*A c - _. - c' I v By A I (I C 1111 J TI S I I I t C ry Sc i by AICICI-01,1n. Ni cliOl s Th(-I 'i cffect:ivc , _�7 1 1 t'0 TA I,im)I oy e o C 1,1 fol shat-1 1)0. r�,,) ro VC.U I)v IL 11 C C.minc-'11 i-,-Lor L o s i 11)1 i.J A, IL o Tomple ills Cotlotv Personnel e . Discussion followed on the 0 0 Y'. jNi-llondimenr to Resolut-ton Al,dcrji,an N J chols : Seconded by Aaderr.ian Slattery �'IOLVED , That tho resolution be amendect to read . . . Shat-1 be approvecl by .:e Commoi: Council or Budge �. and Comp.,titLee . . . . ter further discussion 'a vote On " be .,mended reso17ition rcsidted as fol If Car-i,ied Ua-iLinii!iously A proval of CETA Employee_- Youth Bureau By Alderman Sla 4-t 0 rV L, I Secondled by Idermam Boothroyd RESOLVED, "I'hat- this Common Council hereby approie-s the applic-otion. for CLTA employee. , Steve Ballen , in the Youti, Bureau for 36 we(,I,-s at a salary not to eXceed s6 , 091_ 56 . T-1 Carried. UMifij_,ig()US Ty Iq r\fommon Council Nill-utes and Aoer-Jas Buard of P, W Rs 31"I" !,'utes LIt)ATC "01, y AIderrilan S)T2J-A,e_cy: Secon(Jed by Alderman Saccucci HU1,1EAS , this Cmi-i-Ion Council 1111-ic Budgot S, !Wm-inistratinn C'omrlA'­I--,.e ca Ind t'1c City Controller to take a1 steps neces Q ary � - I_�o c a,­! Ou-!I-L", of c1l agejda iterils and not1-.1-:1cat1 ons of NOIV, 1! 1, Ij-,n F,, BE IT R Th a t _f! c t •-1 v C� Tle d �1, -L e 1 Y. t"11 0 C 1 e s f;t r 4 1,1,- 0 1� C)f C I L� 11 1 1 a g -i d � -j- s o-11 ioii, .3"!1d �,jj ill d - n. Cou.nc-L �ci Board of Pubi-ic 1,1'arks minutes Sh,,,!L.I lbe I�*L.Tp i t 0 d -1,0 -�L-h c- -Io 110 J 31 Cr Common Council MeTriblers (10) (1) Bon-rd of Public IVorkls !""E�fflbers (6) (,- I'IE,)7 o r d") City Atturncy (c) 13,t i i d in() C o 7 1 ip'll,i-s s i; o n e r f Super i.ntender,t ol' Public_ I c)r 1K s Civil se-,,_-vice Secretary City Clerk (5) Cj_-I-y C011t rolle.j. (k ) Fire Chief (` ) Police Chief (Ili) Youth Ijur--au Director 0t) Press `12) (c) IN n i c p a-11. Co p,s t a 1, -I ' ts , Inc . (minutes 02,1-v) (p) To-mpkins County Library (minutes only) t TIthaca(q) Town. of -1 A in e P.eul il-01,,-it- to Resolul-io-j-� By A_[de1­;ll.,-irt Holman : Sccunde(i by Alderman Slattery RESIG11TIVU) , That itom (r) County Bm rd of Representatives be m1d'-d 1 ", �j (,-f T�-!_,aCa of TI - the 1 J_s t i ng and that the To,, I L­ a.j-ld Tomokins County Board J,U!J scnt-ativc:> reccive -mijautes and aaondas . Discussioi, follov:od on the floor. vote on. tho amcn-driont resulted as fol-lows : i 'Ayos (9) Boothroy(! , BorJoni , Boronkay, Dennis , Holman , Meyer , Nicho*lLs . Sla-1 -tery , saccuccl N ay G u t C 1-111)0 r i" I' C a. i d A vote or, the amended rest Iut.I.Cn resulted as Ayes 91 TB o n t I A r c)v(I I o i C)I-o I 1 1)0 11 r J_s 9 H 0 J -I I!m %'j C. 1. IJ41c S I CL j-C *lay I G u t,0 111)o e r Carr i (-d - 6 - habroary i , 1978 36 YnTmon Council Standing Committee Ass iRnments 0--00 Vida THI UJ tan Dennis PPERVAS , there contMues to be a need for better staff services for the uommon council Standing Committees ; TH9REFORE , BE IT RESOLVED , That the Mayor shall make the following staff assignments : Budget Administration Committee - City Controller Charter Ordinance Committee - City Clerk Planning F, Development Committee - Planning Director Human Services Committee - Mayor Intergovernmental Relations Committee - City Clerk BE IT FURTHER RESOLVED, That it will be the responsibility of each staff member to work with the Commitno Chairman to cQl the meetings , prepare agendas and resolutions and pros iie staff resources ; and BE IT FURTHER RESOLVED , That the staff member will continue to worl Kith Ae City Clerk ' s Office for rcsOyvatiOu Of mnctiPg sPacc in City hall . Carried Unanimously Common Council Audit Procedures y. by Alderman Nichols RESOLVED , That effective February 1 , 1.978 there shall be two Common Council audits each month. The first audit will be aR the first hednesday of each month at the regular Common Council meeting. The second aujit Ml be on the third Wednesday of each month by the Budget & Adminisrration Comm MKO Of Common Council . Checks will be drawn Do Mar than the Tucsdav Fol3owing ouch audit . No other auditod chocks shall bw drawn during the month except for emergencies which will be handled at the discretion of the City Controller . Carried Unanimously Contvacts kIF -d r-Fan Slattery: Seconded by Aldortan Nichols WHEREAS , the City of Ithaca in desirous of maintaining strict control of CiA-- cypeaditures , and XNEREAS , it is desired to establish a preliminary reviev process for cuntral". ,i,, to ,,cntjcy t4ereof by various Mpannants Dot now subject to such a procedure ; NOW, THEREFORE , BE 1T RESOLVED , as follows ; 1 . That hereafter prior to execution of a contract for pro ' s sional services , even if sufficient funds exisL in the Mn item account , the foLlowing procedure is to be followed: a) First , the affected department , horeinafter called the "Depar�Acntj shall give to the designated cummaQ Council cormitKoe, or Mara , hereinafter called the "Committco , " informiticP about tho proposed contract including the proposed nature . scope and the cost K the proposed contract to with such oEAcr infnrmntion as may be requested. b) Socond, the Department shpil secure the approval of the Committee with regard to the proposal aud 2ny mntcTial Kviations from the proposal uhen the finalized vcYsQn is roady Ecr uxamion, c) Third , in the caso of rojocKen bY the Mmmit " , the Deparow-n shn" have the right to appenI to rho COmmOn QuncLl . 2 . That the following Martmsnts shull give - wid "'Yat"a and "Cu" ' the required approvals From the following standing COMOn Muncl , Committees J Boards : a) Finance Department - Budget Q Administralion Committee b) Planning 6 Dove Mpment - P Lan ymv 6 Div- elannut Gommittcc cl Building Dopartment Budge! 0 Adnin ; strolio" ( owmitteO d) PO4( c purnrtmont Humnn Sorvicas COMPUMC c ! Youth Bnre2u Nannn Qrviceq consittoo f ) Firo %part lily nL sonyd K Pro Commissioners q) Public work-, wopcd of P010 Nor0 h ) QviL Gorvict- 00 ! vorvi7r Commission i ) All others 3. Upon oxccutlon of said cOOt ! juts , CoNcs there" shy" he "ned"I" forwarded to the City Clerk and the City Cahtrollcr- Discussion Followed on the floor. A vote an the ruqolution resulted as follows : Carried llnonimousQ Audit Fy—Arderman Slatterty : Seconded by Alder an Boothroyd RESOLVED , That the bills aujitod and apnroyed by the KOO and ANinistratino Committee in the total amojnt of $ 31 , 746 . 50 as listed on Audit Abstract 01/078 ho approved for payment . Carried Unanimously Sharing Request and Strand Theater RevenuC Mallonge industries Revenue i-i , ing Request reported that the committee felt that any requests whic'il came in after the doadlinc , or reappropriutions , shculd be carried over NO,-, the 1978 deliberations . CHARTER AND ORDINANCE COMMITTEE : Place Tenuested by Chief Weaver By Al du rman S attery WHEREAS , the Chief of the ithaca I Fire Dopartmunt has formally notified the Qom=n Council of daDvercus cundiNEn s caused by unrestrictcd palkinS 0 l 11100 block of DeWitt Place , and CWTIERTAS , -the Chief of the Ithaca Fire Department notified each owner of roa--- roperty on the 100 block of DeWitt Place in wrijing of the proposed cst2b- lishment of a Me lane on that private street and rcqUOSLOd their COMMCOtS , Clwhethur favorable or unfavorable , and WN? REAS , thus far only one commont has boon received from a property owner , and that comment was highly unfavorable , and WHEREAS , tb, yopo,ed five lane would not reduce the numbor of parking spacof'' availablu on DcWitt Place , but sinply iegulate the use of the available Spa-cc s to permit access by emergency vehicles at all fimes ' NOW, THEREFORE , BE Q RESOLVED , That Suction 28 . 16 of the Fire FreTeptio!,' 7o de is hereby amended as follows : A- 10 A twelvc- foct wide section of the 100 block of DeWitt Place mcanuroj westerly from the east curb of the street from Buffalo Street on the sour.h., to Cascadilla Gorge on the north , and BE TT FURTHER RESOLVED , That in accordance with Section 28 . 16 (Fire Lanes on Private Property Devoted to Public Use) the marking of the fire lane or� DeWitt Place shall be approved by the Chief of the Fira Department and the Chief K the Potice Department and the pnrking of motnr vuticlvs or otherwis�' ohs t root ing the fire lanes thus established shall be prohibited at all t1mys , Carried Unanimously Noise Ordinance RC visiori that the committee enpects to Lying W Quzcil , in March , a major revision of Lhe Noise Ordinance which will makc enforcement easier. Administrative Code Revision the committ •o hopes by summer rc havi a hand- book Chat accurately describes the administration and management of the CK7 which then will be ready to be printed, distributed and available for aRsweys to questions . PLANNTNG AND DEVFLOPNENT COMMITTEE : PAY AS J MOO-TS W7 Director Van Cort reported that City Engincer Co), is wolting very closely with the architect ' s office and thcy cypect to ho read-,,, to hid Lhe flyst pnase of the project in Febru9rY. Ne said it in his UnKor- standing that Alderman Dennis would JiRc to havo the Pvc3entatiOn Of t" projact to his committee in the camK2 month , which is urchnblY next KednasdnY , or w0never the next meeting is not , This project 4ill bc tuilt this n0wmYr and will be bid in the ncxt month . Discussion followed an the floc y. Cal ] VACtowil 11ap"171-IM10,11 c C conceyning the Collegetown PrOccy Q ; Q') he withdrew . 1)01)ruilry 1978 38 RELATIONS COINTIPTITTEE : A ;CR,ori-fiam Slattery expressed the urish to go on record as voicing appreciation -)n beha-i't or -che CITY "of f _haca to tl.c SOLIL11i21'11 LZAU III, �M WL Water Comiaission for its help in SUPT)lVing -the ciry with water in its time of need. ENVIRONMENTAL CONIMTSSION: Bikeways A I Cie­rman Holman commented that $5 , 000 for bikeways has been removed from the capital budget for 1978 , and the commission viill do its best to see that itmw, gets 11 reins tated. UNFINISHED AND MISCMANT"'OUS BUSINESS : Lo--ton Dryden Road Alderman. - - Boronkay asked -if the Corson Lot on Dryden had been returned to the City by UDC . City Attorney Shapiro replied that he had been in contact with UDC over a period of three Nears and has gotten the answer that they will look through their records , etc. Therefore , fie rocent'-.1y coille 'to the con- clusion that the best way to proceed is to find the survey of that lot , prepare a quitclLila deed from UDC to the City and send it to them, asking them to sign it . He said that documc�ntacion on it seems to be lacking . Ca-scadilla Creek Aide--cman Boron,:ay recalled a reo'ulcst: b% 'Ir. Cleveland of Jolmson Boat Yard -,4 quite sore time back in regard to the dred.1. 1mo, of Cascadilla Creek and asked if -the iMayor had Gotten any information ccliccrnilla the same S,,,,-,r)t . Dingman explained the various involved, incii-idIncy New York State , DEC , DoT and U. S. Corps of Engineers , but said none of tL1-,ei,,i claim responsibility for doing t'lie J,Tork. AcCi-ii- 'Mayor Guteliberger ScJ.ri the recocclf-.; will be F the -LI checked, and a report ii,-.adc at (Ile ncx� iT1,_-cA-1-Lnz1:11 01- t Council , L T "North S i o-ii a LI(711 C - "North 'Me-1do,", and �0!. Ctiliton Streets —---------­.�-rr, AI Cie 1-ma-a Sacclli(;ci askL-c' what progress lhjs I-,een ril.-tdc with the State of New York recya-rd.-Ji,"g, th sigral 11g }it for 'Nortli _,Ieadow and N , Clinton St -0 ts . Supt . Dingly"an reported that at one point- e city -received a re ect ion by 'tter to 4-I'lell. �L S UbS u lit St-te , Inc -had not rece '.ved an answer to 1 ­," 'T7Sj IN ESS ', C c J.c --h- ,, -t L d t ;'�C 0 11 c,,-);IL .-L n',-e,J th aa t 1n t 1i p 5)t t--,,-0 th-reo F,t- tl r-r-_d Cl ti%,o cf tli­ in� c,I v ]l n t o 0 1 1- _ , ( , 4- 1 Oms CC', ,I IA- I a c imicli -viater iii orie fo­t-m or anorlier , and t,1 c Other invol-ving Llle- c'f ?qatcr- s d the 'V'L1r_Lous del)�)-I---t 1-leads mic! (11 e 7)a r t,iTients 'ire to be COTODerided for Ho a i i the mamner in which they res-poridod an-d tho job r1loy d1-d- Al-derlO,.en `2-lattery and Gutonberger expressed the-imselves liketiise oil he'lialf of t,"-,e C 0 ij n c_i Inn, Council aciiouened in-o Exc c- t i o StSS1011 at 9 ; 37 p ,m. 'T' , __ he Co Unci I recol"ve-ned ill Re au- Se S S ion. C1_z p M. P 1,A,N,N I NG P,N,D i11, ."I f) i. Y 0-1 0(�t C I I o r.,t c) 11 M T T 0 1 T f I(R - ___­ ­­­ -------- __,_ 0- -F--_ " V I !%_1 I 1,R i t 1)e c ,i Co i,as a_F11 -r1,,,,cd t s comitirent to p r o c e e d W1.'t:h a --�! p t,[', ' Colleoe-row-a an. I I--'--CC l'(_'Pent proj ,2ct , and n 01 "'EREAS , prollmlna-�y, 1)i li-m —nr stuc,lics, lhavo_ ascorLainoc! that t r(-,e t i T,(i-n i c T i P, c T-- nical iiiLt - I- et t I t QcJect , (1,e 0 -,Itod �It 1' S D-V - �le 1�c�1 n __ I I and t,17,t Z.,� u i s o I t pioporty ] of - BC T9 be necossa­y -L'o -,'ouLize sutc(l e 'IT)"Ins 1011 I T P at coj!"P L I .1011 CC r, J c r 01' their t ho tic) 'r. c i- CC I C.r 0 vi 1:"1 o 1, i:h J` pro""I't'y A t C),�]­Ty ,is p o s i 1D 10 to. p o s t 0 L o C a-I I L o rer)o ap p r o-\:a I c Carr-led Ui-lan-i"mous-Ily 9. rUDGIFT ANID 'k D,``IINISTRATION t i h C,C .SiC, ! �•!.lCi?Ur ,`,.� 1' tT1 I'.C'C�l?E s� rmzaII iI;]( ( T C.1_ " �OL]Ocoj d d by \(%il l Ilali1 � ()oI l,i'0, tills Co llm 1 � c i ppro\�ea 1 .I(, c ,)p opt" o1) U o 0 pI"C1 l'1 C1 E; j)i"C 4I'<^+i]l lIi{ OCTII ]t:7 C)i] m—, ' 1 d Ili.lf-i -I-ion fOr V1. ?='..1 .?_;J il.iil:i _�•:1 ) �f '1 is necOssa ry to enter into an for SI7:J_d TI11:I: F0,1 ;. , TBE IT REsOTIXE ,, i " 1'l,at the T1i yor an City Cloi-1- he and tlle-y arc hereby a11t;".,; 1 -1 -id dirocted to sign all I oreewent xvi _11 tl;C VC;1UntEtr;✓ 1tCtIC?Il ( c�ILLE'1' for Sorvice`l to the \r1SUa I.1y` hu"11,11 1 Cap I)E_'d SUbJ < Cl: vC1 tll+w' a:,1".1t}i .1.'_. O S IIJ agraemoTit by the City Iittori-tcy ; 2 . 7'11at sal U 1 TT^C ;I?C'Tlt px'O�Tide f or a quarterly p�3.yT?:,:Ilt SC?ie( t1I t' 3Ti.i a I'C,'C]iUlrC ;Tif: til l.; a C?ua t-'rIv } 15? _ 1� :L< �_ C't_� t� ,Ci7_i1.ir. 0 r°I)CT'i C;C, "C_ 'Co tho City Con`i:rol-A_er.. Carried UIiiui`2iji-i-ISly wn a notion the rlieetiac, adjourned at 10 : 12 p . m. Q A /1r.)U_ .i` \, 'Run dil , �1tV l A C:rT`..-__ .� CcZVurC ..� . CUi.LC=;y , y"O f i I Orr . { s ' �i ELMIRA ROAD CURB ASSESSMENTS L.F. Total Owner's Street of City Cost Share No. Property Ms,) No. and Owner C,,.rb $11.50/L.F. $5.75/L.F. 309 122-2-3 State & Aurora, Inc. 220 2,530.00 1,265.00 .312 122-1-2 Robert Burns, Mgr. 170 1,955.00 977.50 Real Estate R.H.P. Inc. Terrace Hill, Ithaca, N.Y. 315-17 122-2-2 Cutting Holding Corp. 322 3,703.00 1,851.50 323-25 124-1-3 Mr. R. Davis Cutting 251 2,886.50 1,443.25 315-17 Elmira Road Ithaca, .N.Y. 316 122-1-3 Mr. Robert S. Miller 165 1,897.50 948.75 320 1.22-1-4 320 Elmira Road 230 2.645.00 1,322.50 Ithaca, N.Y. 322-24 118-1-1 Mary & Reuben Weiner 254 2,921.00 1.460.50 322 121-1-1 2 Dr. Reuben Weiner 175 2,012.50 1.006.25 330-36 118-1-1 1301 Trumansburg Road 247.7 2,848.55 1.424.28 338 121-1-2 Ithaca, N.Y. 113 1,299.50 649.75 326 121-1-3 Virgo III Holding Corp. 150 1,725.00 862.50 1050 Freeway Dr. North Columbus, Ohio 43220 327 124-1-2 Nichol Block & Brick Corp. 90 10035.00 517.50 327 Elmira Road Ithaca, N.Y. 335 124-1-1 Mr. Robert S. Wood 301 3,461.50 1,730.75 337 125-2-4 337 Elmira Road 250.3 2,878.45 1,439.23 Ithaca, N.Y. 339 125-2-3.2 Mr. Wallace Martin 152.5 1,753.75 876.88 Valley Fix-it Shop, Inc. 339 Elmira Road Ithaca, N.Y. 340-44 121-1-2.3 ly Way Holding Corp. , Inc. :45 2,817.50 1,408.75 Mr. R. Davis Cutting 10 The By Way Ithaca, N.Y. 341-43 125-2-2 Mr. George Arsenault 246 2,829.00 1,414.50 Brooktondale, N.X. 14817 125-1-2.2 Mr. Jacob Novidor 77 885.50 442.75 X Dr. Reuben Weiner 1301 Trumansburg Road Ithaca, N.Y. 125-1-3.2 Mr. Russell Marion 70 805.00 402.50 X Mr. .Robert E. Marion 1463 Slaterville Road Ithaca, N.Y. 348_50 125-1-3.3 Sun Oil Company 200 2,300.00 1,150.00 1608 Walnut Street Philadelphia, Pa. 19103 352-56 125-1-3.1 Mr. Mose Norman 131.7 1,514.55 757.28 356 Elmira Road Ithaca, N.Y. 353 125-2-1 Mr. Harold H. Dininn-y 104 1,196.00 598.00 353 Elmira Road Ithaca, N.Y. j 355-57 129-1-1 Manos Elmira Road 512.2 5,890.30 2,945.15 359 129-1-10.12 Enterprises, Inc. 101.5 1,167.25 583.63 Mr. William Manos 357 Elmira Road Ithaca, N.Y. 158 126-1-4 Mr. Sam Kramer 79 908.50 454.25 . Kramers Auto Finishes, Inc. 358 Elmira Road Ithaca, N.Y. 360 126-1-5.1 Seventy Sidney Corp. 200 211300.00 1,150.00 Mr. James A. Reese 654 Overlook Drive Columbus, Ohio 43214 361 129-1-10.11 Avramis Enterprises, Inca 170 1,955.00 977.50 130 Hudson Street Ithaca, N.Y. 362 126-1-5.2 Russell Marion 112 1,288.00 644.00 370 128-1-3 X Robert E. Marion 208 2,392.00 1,196.00 1463 Slaterville Road Ithaca, N.Y. 363-65 128-2-1 Mr. Kenneth Myers 119 1,368.50 684.25 United Rent All 363 Elmira Road Ithaca, N.Y. 2 i 167-65 128-2-7.2 Mr. Donald L. Wilson 175 2,012.50 1,006.25 Overlook Drive Horseheads, N.Y. 14845 371 128-2-7.1 Mr. Harold Vann 177 2,035.50 1,017.75 375 128-2-7.3 Vann's. Outdoor Power Equip. 200 2,300.00 1,150.0 Elmira Road Ithaca, N.Y. 372 128-1-4 Anthony Souzas, et al 218.1 2,508.15 1,254.08 66 Lamont Circle Cortland, N.Y. 13045 374 128-1-5 Ithaca Properties Inc. 313.5 3,605.25 1,802.63 376 128-1-6.1 1300 Scottsville Road 100 1,150.00 575.00 378 128-1-6.2 Rochester, N.Y. 14624 120.3 1,383.45 691.73 380 130-1-2 211 2,426.50 1,213.25 377 128-2-10 Mr. Donald Goldstrom 30 345.00 172.50 Goldstrom Motors 377 Elmira Road Ithaca, N.Y. 381 130-3-1 Mrs. Ruth Zikakis 301 3,461.50 1,730.75 8 Highgate Road Ithaca,, N.Y. <98-400 130-1-1 Mr. Jacob Novidor 636 7,314.00 3,657.00 Z Dr. Reuben Weiner 1301 Trumansburg Road Ithaca, N.Y. 401-11 130-2-1.1 Mr. William Zikakis 620 7,130.00 3,565.00 401-11 Elmira Road Ithaca, N.Y. 126-1-2 Mr. Russell Marion 60 690.00 345.00 I Robert E. Marion , 1463 Slaterville Road Ithaca, N.Y. 412 127-1-2 Charles & Lillian Havlik 63 724.50 362.25 412 Elmira Road It}laca, N.Y. 413 130-2-1.2 Mr. Leo Guentert 280 3,220.00 1,610.00 700 Cascadilla Street Ithaca, N.Y. 3 • i 414 131-1-1 Ashland Petroleum Company 25 287.50 143.75 2630 Elmwood Avenue Kenmore, N.Y. 14217 . 416 131-1-2 Mr. Clarence E. Bucklin 100 1,150.00 575.00 2 Circle Drive /' '' Cortland, N.Y. 13053 s - a K Totals 9,296.8 $106,913.20 $53,456.60 October 26, 1977 4 COMMON COUNCIL PROCLEDTNGS City or Ithaca , New York F jular Meeting 7 : 30, P.M. March 1 , l' PRESENT : Mayor Coney Aldermen (9) - Boothroyd, Bordoni , Boronkay , Dennis , Holman , Meyur , Nichols , Saccucci , Slattery ABSENT : Al erman (1) - Gutenborger OTHERS PRESENT_: City Attorney - Shapiro City Engineer - Cox . Director, Youth Bureau - Cutia Building Commissioner - Hoard Director , Planning �S Development - Van Cort Supt . of Public Works - Dingman Asst . Supt. of Public Works - Dougherty Police Chief - Herson Consultant - McDougall City Clerk - Rundle Police Sergeant - Jamarusty Q Q PLEDGE OF ALLEGIANCE : Mayor Conley led. all present in the Pledge of Allegiance to the American flag. APPROVAL OF :MINUTES: A roval of the linutos of the January 20 , January 25 , aifd February 1 . -- 1. _ -- 1978 'eetings Alderman? Nichols requested a correction to the minutes of the February 1 , 1978 greeting as follows : page 7 , item Fire_ Lane in 100 Block of DeWitt 4 Place Requested by Chief Weaver , paragraph 3 should read as follovis : Whereas , thus far only one comment has been received from a property owner , and that comment was highly favorable , ReS011LI:ion - By Alierman Nichols : Seconded by Alderman Slattery RESOI:�:-F10 , the Council approves the Minutes of the January 20 , January 25 , and February 1 , 1978 meetings as corrected.4 Carried Unanimously ADDITONS TO THE AGENDA: Bu(: gc't ar�d Administration Committee Alderman requested the deletion of Item I -1 from the Agenda. No Council member objected. COI- IUNICATIONS : Lector from Southside Community Center the following letter was brought to the Council ' s attention by Mayor Conley : "February 15 , 178 Honorable Mayor. Conley, Whereas , The Board of Directors of the Southside Community Center has cal' ­1. to the ^_ttention of the Superintendent of Public Parks and the Mayon of the City of Ithaca certain construction items which were deficient in quality in the renovation o± L ;L - :,'enter , WHEREA,.S , monies remain? in the contln' ency account for the pre-sect , Piet(,;.`trt I , the Board (., Tj: rC•(;tC r,l o f i e outjisi(Ic CC Ci. '..,aill"C fu'.? >> r."q ties t prornp*. C,; �vj s r�r ri ��_T'_ ir, c i7c-Pin t-h.L ..`�:? ,..'_1,'s,':_ ••' I�l_.. ,._...,.. �.......,. '':.i:C:" _... .:'.'�_,., ��. ,C?`, . Pa!-,scel 1)), vote of r ,e i oard of Ji.reCLOrs at a. rehular Iclel,T"!0 14 . 1 ,78 C1ar('.I1 d Ca Tl _. .`i Ti: � C) n. i . ;)j'; �,, t i k'( 48 -2 - March 1 , 1978 , :,solution F; alderman Dennis : Seconded by Alderman Nichols IIESOL VED , the Communication from the Southside Community Center be referred to the Urban Renewal Agency. Discussion followed on the floor. Mayor Conley informed the Council there is not money in the contingency account and he feels the Urban Renewal Agency which presented the original recommendation should review the situation and come back with a firm proposal . ' A vote on the resolution resulted as follows : Carried Unanimously Letter from Ceracche Television , A Division of American Television $ Communi cations Corporation City Clerk Rundle re the following letter to the Council : "Honorable Edward Conley , Mayor City of Ithaca 1.08 E. Green Street Ithaca , New Ycrk 14850 Dear Mayor Copley: In an effort to perrlaps more fully acquaint you and the members of the City Council and your staff with our operations , I would like to invite you, your staff and the Council members to visit our offices and headend site at 519 lVest State Street . While our operation is not as "flashy" as some persons might envision , I think we can show you what goes into cable television , and acquaint you with some of the technical , procedural. , and operational considerations of our business . I realize that it might be difficult to gather interested members to a specific time , so we are most flexible to the date and time you may find convenient for your COUIPCil members . We can arrange such a tour and di.s cession after wo-rkin.g hours or on a weekend, if you so desire . Perhaps i it can also be arranged for us to have luncheon or dinner , as well . i do hope we cati a..crar!ge such a visit to our facility. I would like you to 1-c- ^v^r ; that our doors are always open to i,!embeys of tilt; C ,_-Ly Council. and our subscribers at all times , and we most certainly welcome such visits . I look forward to hearing from you shortly , Sincerely, Kevin H. Rorke General tiianager" Mayor Conley commented that he would try to arrange a mutually convenient time for such a tour. Let f ter rom_ Philip H. Munson , Supervisor , Town of Lansing City erk Rundle read tho following letter to the Coun .il : "aFcbruary 24 , 1978 Mr. Hugh S. MacNTcil , Chairman Board of Representatives 'T`ompkins County Court House N. Tioga Street Ithaca., New York 14850 Dear Mr. MacNeil : IV- 'n Larsire h,3 e lone ._i,eJ I-hoca aS t"­L." and SoCial .-ente-1 tbereforc hale a ­reaz inter°st and cone"1.'n for this city' s su'c oss . N'0�.' that our llc' 1',tal has i ill.Tt been pl__C('(j on the o1�poSi -(! SiC'e of Ithaca, t cll.ro have a vested in':ei—es`. in It laca * `_i tra(ispo, ration routes . ?_Jke so 4 - 3- March 1 , 19i 50 -4- March 1 , 1978 permitted within the City of Ithaca. and licenses shall be � aril 1"1,- ." Per , -pr'-,v Chapter and State Law are complied with by the licensee . " SECTION 2 . This Local Law shall take effect immediately upon "filing in the office of the Secretary of State . The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Holman Aye Saccucci it Bordoni it Meyer it Dennis it Boronkay it Slattery " Nichols " Boothroyd " Ayes (9) Absent (1) - Gutenberger Carried PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL : Commons Coordinator Peggy—Cderwoad, representing the Ithaca Commons Advisory Board, addressed 'Council ill support of providing a coordinator or the Ithaca C;)mlions to schedule and supervise events on the Conninons in an effort to keep the do entown vital . Southside Cent r Repairs I'•1:' Maiiusa uman.vr ca , 301 Maple Avenue , a new mom. ber of the Board of Directors of the Southside Center, addressed th.e Council to express conc I? or th ; childre7i using a building with structural defects , {znd said lie hoped ii ;Vouid loo ached upon with urgency. l-Center Tu`1..j,i, -.'qie ,— forth ALTO?'? St-reet , aClclresso the Council 1_i' :?1j"Jp prt Or the continued use of the Pre.-11 room in -the GIAC building at no cost for anotlie-r ;-ear. PLANNING AND DEVI LOP"'LENT COTP,IITTEE : i thaca -C Titer - --�-- Jim�Garciner and David Taube of O' Brien , Taube , Cardne-r &Ai`l Abbott , inc. 'addressed tre Council. in support of the resoluti.on gr�%nt tng extension of cond.i"ti-orial reil:?'"t lope status to their ('iriii, and acceptance OE the land lease concept as presented by them. `'Iessrs . Taub' Gardner also reported on progress of the Center Ithaca dc;velop-lie nt . R0 solution By I�ld rman Den .is : Scconcicd by Alderman Bordoni REAS , I'he Ithaca Urban Renewal A-ency and the Com,non Council have conditionally designated O' Brien , Taube , Gardner and Abbott , Inc . as conditional redeveloper of Center Ithaca site , and WHrREAS , a c0izdition c1 that designat ion was that an acc-_pt b!e `:financial commitmenft be in pi.ace by ;%,larch 1 , 1978 , and WHEREAS , the developers have demonstrated to the satisfaction cl' the Iii.- thUut they 1-i'lVE aC lie VeCl si gni lic�?nt pTOgresS t0?.;a2'd a. COI's t'ruCt2C?l star+ in 1978 , axed ,`.r1iuREA S , i li." rl i%Ci 011i: . , 117 ve 1011lo 1) L rdi-e 1 st1 rcl Cie 11 t" s+appoI'll l'nl'i financial sources to indicato that- a I:inanc _A:1 coimnitment i•rill be i:orth- coming; „ :, , ,r ,,. yc T It ( m c. T Nj:R`L,� k1 rlr I" 1 >� t,�i t�� , Tlir thl� ca �l:�. ),1 lC 1 r T'ant an extension O t.tlTlf_1a ­:LCI'ia t0 Car(tner and Abbott , Inc. pormanont 1 Il^!.cial 1-!r o ! + .11tA L t,;ilo11 ,C for ' d j-li:lca Bien t-e 1 I).l 51 March 1 , 19N Discussion followed on the floor. A vote on the resolution resulted as Y 7ows : Carried Unanimouqly Land Lease Concept - Center ithaca By --s'l—u-cnded by Aide Saccucci Alderman BE IT RESOLVED, That this Common Coun�_ 1 accepts the land lease concept as presented by O ' Brien , Taube , Gardner and Abbott , inc . , with the under- standing that final Mails will be prepared and presented for approval, at the time final project approval is granted. Discussion followed on the floor. Council recessed at 9 : 25 p . m. Council reconvened in regular session at 9 : 33 p .m. The question of the adoption of the foregoing resoiutich was duly puL t.:) a voto on roll call , which resulted ns foiiows : H o I ri a n Aye LIJ Saccucci 11 o r J.o i-i i N 11t.?),e r Abstained Dennis Aye Boroulay Slattepr Nichols Boothroyd Abstained Ayes (7) - Holman , Saccucci , Bordoni , Dennis , Boronvoy , Slattery , Nichols Abstentions (2) - Meyer , Boothroyd Absent (1) - Gutenberger Carried AldermDn Holman stated that she wanted it known on her personal record that , s she Lad nosed before , she would not ever again act on a sulstantivo matter that did not come with the agenda ; that she will not again aU on a matter that joes not come presented with the figures that pertalh to it . Aldermon BoothroyJ supported her statement . BUDGET AND AD.,'Y1!'NISTRATION, COMM ITTEE : Amenawant of-tHe Uommons Advisory iudget By Aldeyman Slattery : Seconded by-Al-d-&-rman Saccucci RESOLVE D, ' That $5 , 000 be transferred from A1990 Contingency Account to A8510- 101 Commons Advisory-CDAT-Salaries Account , A vote on the resolution resulted as follows : Ayes (6) - Holman, Saccucci, Meyer, Boronkay , Slattery , Nichols Nays (2) - Bordoni , Boothroyd Absent (2) - Dennis , Gutenberger Carried Space in GTAC Building for the Drop- In Center By Icy A1clermin Saccucci WHEREAS , on March 2 , 1977 , the City of Ithaca leased the Pre-K. space K the GIAC building to the Drop- In Center for a one-year trial , and WHEREAS , the Drop- In Center has requested a one-year extension of said lease ; NOW, TPEREFORP , BI IT RESOLVED , 1 , That the City of Ithaca lease tbe • Pre-K room in the GIAC ballding to the Drop - In Center for one dollar . 2 . That said lease be for a one-year period with provisioLs for jusoyah-o and regulations governing the use of the huildipg , Carried Unanimously -6 - March ! , 1978 52 f''.01MUNICATIONS FROM THE MAYOR: QV it aj, P qQct Conjoy infUrOWU InU CUUnLil QaL hu Wab & LhU PUMUSS Uf WCULing a Call Creek Capital Projects information Committee which would include the councilmen representing the F * Eth Ward, Chairman Stcrm Drain CcTxittee of she Board of Public Works , T ,picsontative of the Ithaca School District and technical staff, represent! ' ' ve of Town of Ithaca and engineer , representative of Environmental Commission and representative of the Tompkins County Environmental Council . This committee will- review all suggestions received and make every effort to keep the public informed of the solutions prior to taking specific proposals back to the Capital improvements Committee , the Finance Committee and the Council . AP')ointmont-s 0yor Conley made the following appointments which were confirmed by the Co anC4 1 : Environmental Commission y Alderman Holman : Seconded by Alderman Nichols K7SOLVED , That Nancy Gallant , 317 Mitchell Street , be reappointed to the Et)'_ ronmental Commission for a term expiring December 31 , 1979 ; that John Capowski , 708 Stewart Avenue , be reappointed to the Environmental Cornission for a term expiring December 31 , 1979 ; and that Patricia Carlson , 407 North Aurcra Street , be reappointed to the Environmental Commission for a term expiring December 31 , 1978 . Carried Unanimously The above reappointments became necessary as a result of the amenimont of enwhiiDg legislation which changed, the terms of members from four years to two years in o -2er to conform with State regulations . Ithaca LandmarRs Preservation Commission --i- - -f. -- --F 1671: �_ Saccucci :,_ na� "i�� i ,� RESOLVED, That Louise Wilcox, 70S East Buffalu Street , be appointed to the Ithaca Lan Karks Preservation Commission for a three.-year torm to expire ,m 1930 , Carried Unanimously Foil Crock Ro- ovaluation to the fact that 'tie is atnempting to get a representative of the NYSDoT (an expert on dynamire) to Lake another IoQ at Fall Crook and advise regarding the possible use of dynamite , the cost , etc. CITY ATTORNEY' S REPORT : 1,e t,t e-r f r­6i1Ka1 JUT Th t he r s z DI.r e r or T o mp k i n s C o C . A, _Cc, i c s I I g a C t_y------ A t t o recommcndation that the City amend the City ' s Ordinance in respect to animals , speciElcally dogs , requiring a dog license on the do , at all times ,, and making it a violation of the Ordinance permitzing a dog to be off- the OWHOT 7s p7cmises without a current valid dog license taq of lKe Qate of New York securely artached to a suitable collar , Thiq would pocmit the S. P. C .A. to issuo an appoarance ticket for the violation , thus iacreasing revenue for the city and more effectively controlling dogs . License HE - Contra! Casting Thepter for the Performing ArQ 2 I ah-F i'_ e 1 the � T IT L�­",� Center for a AS = license as required by the Codes 6 Or6huaNcoF . Mr. Over iander , Director of the organization , wrote back pointing cut the organizaLiou is noa-prnFit nod tho license 00 YOUld & d UU100 . Chief Hor ;On requostcC an opi&�.n from City Attorney Shapiro as to Nhath0v i distinction in the Cod, is made as to profit o- non-profit orynkiz9tionsow Mi . Shaviro said he brought it to the Council in the cvent thei would want C!° take I a look at !he Ordinance from a policy point K view to docide whether non profit oyga"izatEons should be required to pay a Log , Slattery : Secouded bx Alderman Saccucci R1 &Kvpu , Lpw item K licensing at Aon -profit organizations hu referred tn the CLartay aaa OrdinnaLu Committue . Carried HnanimouQ,, 53 - 7- March 1 , 1972 Lnws_ui t s City Att=orney reported that pending suits concerning the Commons are in a ^ rate of adjournment ; also , that there has Seen a Iuil in zonI.ng cases which he attributes to the Building Commissioner' s handling of permits and appeals . COMMUNIC',ATIONS FROM THE MAYOR : Fl ood S J.t�.iation Mayor Conley reported to the Council on the current status of the flood situation in the Fall Creek area , a nd the manner i n which the staff had. handled the crisis . BUDGET AND ADMINISTRATION COMMITTEE : Community Kcax(--,,ial P otram Application By f;l cic ti an Sl t±�iy : -Sc onde ley 1lderman Saccucci WHEREAS , pursuant to Title I of the Housing Act of 1949 , as amended , the United States of Amnrica has entered into a Contract for Community R`- F Grant Program, No . N. Y . R, - 268 (CR) , with the City of Ithaca , New .Y "r , hereinafter called "municipality , " dated September 14 , 1970 , and WHEREAS , the piogr am. has been certified as eligible for Rde.r al fInaU _ - { Al assistance for preparation and completion of the ProgTLP, and IVHE REAS, Q (a) the ;,Municipality has prepared and completed the Community R.eneyai Program described in the application for State financial u5sistance , (b) such program conforms to the copgrehensive community pian for the de.vci_opment of the municipality as a whole , the rcgr r r - C t ♦ �. j�l � `�l f�.I:l as pr C )call elL and camp.te Lel4 has been '.1 yi oLJve CA : NOW, `I'iiEREFOhi , BE IT RESOLVED, by the Common Councii of the City o F Ithaca ,, New York , That Section 1 . (a) it will abide by and carry out the State requirements for a vo "phi,' program of community improvement as promulgated by the Conimiss , o,Szel from time to time ; (b) it will carry out and ;perform all Its obligations pursuant to the approved application and the State Capital Grant c`3ntfacL . Sectio 1 . Ed ay Conley , Mayor- of the City of Ithaca , New York,, is hc,reb th author zed to exc to e Capital_ Grant Contract botwcen the muniE tp(-d.._ t_ 1 •ul and the State of New York in an amount not to exceed $14 , 546 to assist lo carrying out project activities , a copy of which is attached boretG, Section 3, Iiichard M. Daley , City Controller of the City of Ith Ica , Now York. As hereby authorized and empowered to execute and file requisitions for fuh s in an amount not to exceed. $14 , S46 which is the amount of the State. Capi n-1 Grant Contract . Carried Unanimously Human Services Coalition Agreement - By Alderman Slattery : Seconded by :'alderman Boothroyd RESOLVED, That the Mayor and City Clerk be authorized and directed to execute a contract with the Hunan Services_ Coalition of Tompkins County , Inc, in an amount not to exceed �3;1L3Er, �fs��o70. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Senior Cit-i_zens AUr c i1C--_it By Alderman Slattery : Seconded by Aldermnn Boothroyd RESOLVED, That the Mayor and City Clerk be aut horized an« directed- to execute a contract vi t h the Tvi11M)kins Counvy So 7 or Citizens Council for a copy machine in an amount not to exccod $2,995 . Carrico Unanimous! y Red Cross (Gadabout) Agreement By by Alderman `accucC RESOLVED , That the Mayor and City C ierk o authorized and O i rect .'l vn execute a contract with the Tompkias County Chapter , Awe"::_ cNn R2d ` 'on.: for ts£dabout nei'vi.c o`' in an amount; not to cY_,cod $ 5 , 000 . Carried 54 1i _t , 1978 1, 1-ei-sonncl Poster Changes Jiy `,_Lderman I -_:31a-itorv : e c o n(I(� � A d b iacrman Saccucci - P"I'SOINED ) llha the title of Junior unio r 131<,,mior be changed to Planner IV in C'(f- 19118 Tentative Budget . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously I AWAW Youth Bureau: B': Alderman Slattery : Seconded by Alderman Saccucci RFSO-LVIED , That the following -job classifications be added to the Personnel Rester in the 1978 Ton-PI--ativo Budget- .,ecroation Atten(la�t P/T RecrOation Supervisor P/T Recreation Assistant P/T Comim-Imi-ty Awareness Coordinator Yout'l) Dove] cppient Program Leader Life (71-uarct P/T Carried Unanimouslv C . I A. C . By Aide-rinian Slatt--cy : Seconclod by Alderman Dennis Ill"SOLVEED) , That tho title of Accouri, Cleric/Typist P/T be added to tlie f i'oisonnel Roster. i.i, the 19 7 8 Tentative d e t . Carried Unanimously ously Al__,`�01.711_T'11�2nt of Personnel. X1, c '111,5bard L" 1"111a . S1 a,I- i e ry : Seconded b-,,, UCI---rmbm Bordool. x ..;11,7, t I's 1, (i I o f f L il)',):? -rd 1-I as 15 c2en s c-i­,-i n g 1T). a city y 0 T I C, J L i� 0 s i t i s i n c -u 7 s,,,O) oct o a r v i c 0�i i C-­_aTd J s b r(I 31ns pa se A r,,r e x a P,i n p t i c-i) i 1_S 'I J1, I e {0r C T R S 0 Ll,'E 1) T-11,-,;t s H u b .rd 1 o e- ri tJ v o x 1,c 'o S 1-1 C.r., i o C,1, 1K irl -at an 7 A Oil ',,e (n)0 i 11 t- r C, a+ C 'r 1, Z,; 'C',0 S-U.I-, e t J 'C,f I LJ S U i_J' . i., a I t 'J T t q of ;calve a; of fe b,r ut a i-Y 6 1978 . Ca r I.i c Ct c)v e r l ai) S L a .: 1-y se s i on, ,V n o c i Ti n v a E: 0 c 1 E V TJ 'he i, ex" min�itlon !11 1 J,S 01"Jil)-te for pei'ma- I e s has passied D L C7 71 L Rol ­ be ­,eiiii aiiont. r) L J.1JI 0 L k� ) L'O [1,1 t an o be, :,10 I L 11_. J.S t l J: C,-I Se C:0 rl 0 A' Jh­ z--.i,-m bo i, 'on-- C, J il"i-; beelf ITI 2 r)i,C)V S 1 0.?'L_I !""i C t ty Eo r r re,s c t v c o s I' IC S i p C(-, J y 19 7'7 s ul) ect to a Sorvice o xa J Rm, Mlif 11,1- pas sod ner I11 - 9- 1"Ia 'c)-1 1 , 1 �) """55 NOW, THFRPFOnF , BE IT RLSOLVED, That Mrs , Carol Murarn he permwnPnt1y =Ointed to the position of Senior Account Clerk in tho Finance Ocpar- ment at an annual salary of 18 , 0% , Stop 4 un the Compe,s,ij,, pl,, , th,, her appointment shall be subioct to the usuai probaticnal t2rr und that it shall become effective as of January 30 , 1978 . Carried Unanim3unly Increase in Salary and Benefits for Yourh Burnau Per_ -nna-1; By A i-­u-tFE-�y : '(_"'c_oZd`e_c I " -- RESOLVED , That the following personnel change no made in tine Youth Bureau: that Marli Stahlor-Cavanaugh be appointed a Youth Worhor at a salary of $10 , 022 per annum , and that S6 , 167 he trPnsforred Quilt A7310-407 Contractual Services rp A7310- 101 Salarins , Discussion followed on the iloor. A vote on the resolution resulted as follows : Carried Unanimousl-y' Increase of Fringe Ber2fits for Administrative Sccyntarjos By Aldo Xv RESOLVED , That rbo folJowing addikons by made to the fringe benefits R! of Administrative Secrevarins : Ld i , ach unTlojee shall receive three (3) days of personal leavo , 2 . Each employnn shnij havc a floating holiday in addWon tO the h0li% sch&ulo in the Executive Union Contract , 3. Fach crTloyoc shall have WxPensatorY time off or paid Kme for work in uxcess Of 35 hours per week. Tho department head shall harp the 0WAY of perwitulng the accumulatioa of compensatory ti,, mu� or 70 hoars . Alderman Dcnnis offeyed the following friendly amondmont which was accepvcd by Alderman Qattery and Saccucci : Item 1 , Add per annum, nnn - cuoulative , A vote on the amended resolution resulted as follows : Carricd Unanimously T.ransfcr oa r Funds - Wate-, ATATA11-75conded by Alderman Saccucci RESOLVEP, That S6 , 000 be transferred from F1990 Water Contingency to 158340-1- 03 WAter- Connfal Maintenance Rental_ of Equipme"t , Carried Unanipously cf a CaPit - I "r - * ct for Fall Creek ByAl sic RTA-Th 1 AS : Secondo0by Alid `IT- K_i_li P'0-1-6oni RESOLVVD , That ther� is 1 bY established a capital project to he knu • n as "Fall Creak Plan of Action" to enable the Board of Public Works , with the aid of a consultam , to develup a plan of action for the protection Of lives and properties both sides of Fall Creek from hydrological eftects of the creek , and HE IT FURTHER RU40LVED , That $10 , 000 be transferred from A1990 Contingency Account n said capital project . , Discussion followod an the floor. vote on the resolution resulted as follows : Carricd Unanimousi,, Pign of Action - Fall Cre& 7",J­C IT_'-­T_�',,11 ided by Alderman Saccucci RESOLVED , That the developmept of the plaq of n,ul,, ,,,Q y the Dopartownt K Puhlic WOrks 0 cuo7dinated with n-arch fol fund, by th, p>11 ning arpartz-at ind/Or 10 MnQr ' s KFice and Co"trolier ' s Olficez and yba ',' nny �"ojqn v "__ 4- the CIVY ni7l h . PrMcnrcd to the boar& of Education and the 0 e 11 Crek Qpiraj Projects NFormntion Cnnmjtt,, E, , K,l so I W pulpos'- OF NLOrKay said group co chuugen that may aFf,, t ry, 0wrisd Unnnjnou ! ' 56 March 1 , 1978 l 1 of Palking Motors i al S1-at Seconded by Alderman Boronkay WHEREAS , the Toli_W DCPUrLmonL has a number of, obsoLouo singic -huad meters , meter mechanisms and replacement parts , and WHEREAS , they have requested the Common Council to declare said equipment surplus and to authorize the sale of same ; NOW, THEREFORE , BE IT RESOLVED , That this Common Council declares these moters to be surplus property and authorizes and directs the City Clerk go to dispose of said motors . Carried Unanimansly Addition to Department Of PUbliC Works Equjaynt List By Alderman S7_, cry - Seconded by Al drman STAMP- RESIDIVED, That the equipment list for A5110A Maintenance o nds-Highways. be amended to include one grader, and BE IT FURTHER RESOLVED , That $ 70 , 000 be included in the 1978 final budget for the purchase of the grader. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously {. ) 't)evelygypt Budiet Amendment hy Hferman Saccucci RESOLVED , That the Community Development Funds budget be amonded by trans- ferring $29 , 000 from Land Banking to Rehabilitation Loans and Grants . Carried Unanimously Amendwent cf TjTann ' .ing ,pepprtmant 1278 13i AfAtAfy : SAGIR-J' AldermaH Dennis RKSOLVED , That the Planning Department Personnel Roster be airionded to , include an additional Planner 1V (CETA) position , and L BE 1T FURTDFR RESOLVED , That the necessary line item adjustment be made In the 191S Knal Budget. Disnussion fohlowcd on the floor. A votc cn the resolution resulted as follows : Carried Unanimously ,Audit V Ajdc-, r!.Ia.n Slattery : Soconded by Alderman Dennis RASOLVED , That Qe bills audited and appro7ed by the Budgnr a-! ' Kinistra- gjon CownjLtee in Lhe total amount of $9 , 742 . 7S as listed on Wir Abstract 7/ 1973 ha approvW for payment . CHARTER AND (IRDINANCR C0VMFTTEE : 'SEE BOTTOM OF PACE . the toLlobing amendment to thn Froudow of Kfo ­ntion Puhlic Access to becord Rules of the City of 1t duct : Seconded SlatiCry . ThEnFAS , Chapter 933 of the Laws of T977 was onactwo by 1ho No. YoK State icyislatore and bcoame effective on January 1 , TD75 , aod VAEREAS , Channer 933 sm6nds the Freedom of lafoiwnKun L q t'Arolclo 6 paylic OFficir, 00 with roguintions providing grancor accens M publid recarOs and -esujuhny the denivL oF such public access , And. 40W 11T1?UAS, locil Zcvuonmonts are P-quirrA to adopf YclUlatinns that are no woru rastvicaiwo than those prom). ,, It" • Py 00 Nn" York stato Qmwittee on vubYL ACMAS to Records within sixty days of the effccrivc date of z anaDded Yrecdox cf Irlormatior Act , NOW , T�k&Fqnt , WP IT RFS00VO , THAT Chapror 2 faroodon of Kror"at iOn orchii ; Ar7uys W socord Rulos OF thc City & Mica) OF the municipat r1nZn is kerany an Acd as follows : 10- 1 *0 he 0% ! �o 0 -j ! q �lcr n0rd hy t Con-witone - Aldofman Nichols rc . . ImL N V& ; rh warp ruceivcd Kv N! Arrmvn witj, j ow t K, t t ho i kNAcn %"d p r"v i de Section 2 . 2 Definition--, Remove the presont suction 2 . 3 and WW onto 2 . 3 "Record" or "record," shall mrnn gin` inrorwition kppt 0104 filed produced or rcprodyced by , with or for tho Q ty of lthLwa , in any physica form whatsncvur , :nnuairg but Oct Knand to , ruporiz , > WcAwnts , cxo"j - nations , nopoyandw , opioinus , Widors , Maq , books , wpn�uj ,. , psaphl - ps , form , pay.. r S , don i qn droui nys 7 ww� - , :)h hu tns , , C , to r. , 07 _.ru 1 1 1 WK Irutor types or discs , rVes , y, kw! 2n : wv> ov cuduK , tNpa ievsKings official Pleetings , and dncuyunts . Section 2 . 3 F20C. 5"A 1 "K add to q2 . 1 the owing paragraph : S Papers Tor poi than olght and one -hal " inchus by fifteen inch-s j-,i size and materials classl ed ns "Records" in Scution 2 , 3 Wroin that rcquirc spurial duylicattng muthods nay he copiri by nc Public Acccs5 oFficer or his dep"Iy OQ nquip�wpr WV010to io City Hn! L at a cha7go Tp conformity with the coqr K thp dup0cwting macerialy , such chargu to W deterind m e at the tine CP reqnp4t for No yeccrds MPY W'_' renovad frcm the custody of Qc Puhlic Access UFFicor For thn pvyposE of duplication. Section 2 . S Ercnt or doWn! of access to records Substitute Wr 12 . 5 Grant or danin! access to rds 2 . 5 Gyart or denial oF vccess to vecnrX,- , The Pub" ic Access Records Officcr sholl , within five hysiacss Uys of tV receipt of a w4uyn roquust for a record - cusunahly doborihnS , KV, such rocovd avaijWe to the person rcquesviq; it , Noy u0 lTq .wsv 11 writj qy or fur" i sh a written acknoul Hqcmcvt uf Cho rnav! p! r V sw& ru� nng and a statemcnt of the approximate K whon nuch raqA WK he grvntw- _� or dunVd. Upon paymont of, or offeT to pny , toe Fun prescribod ther plorc, the Public Accass Officer shaH vr3vide " F S-1-b iccoyd und cn ; L1 &j n , P1 to the correctness of =... copy it so requcs Led , or an too caso may PC shall ccrtify rhat ho do u3 not havc possission of such record at that s. Q-, record zannot he found , ror diligan? search . Section 2 . 5 substitute Any persuh Knicd acccss to a record may within thirty (30) Kys appea-i such denial Q writing to the Mayor , who shall 4s iu seven ( 7) husip ;s days of the receipt of such appeal fully explaia in vritiag to tho porson requesting the record the reasons for further denial or prov-10 acc'_-'yS V) the record sought . In addition , the Pablic Acccss Officer shall foruar,] to the Now York Win CoDnittce an Public Access to Records a copy W_ such appeal and the cturnination zhereGil. if the Mayor affirmq cy modi - fies the denials hz shall co=nicatc his reasons in briting to the peyso-_-, making the appeal and inform nucn person of his right to app .al sucl, affirwation or modification pursuant to Article 75 of the Civil ProctW- La. and Rules . Discussion followed on the floor. A voto on the rosolution resulted as follows : Carried Unanimously Administrative Code Revision A 11 d6 i (-A- 6--f-TO-] the Chart c r ant. Crdinancc Ccmmi r Lee continues work on the code revision. Parking PerwVs for handlrappcd persons ANN&VART. s -161-1 Wc mondates that a supp! y G1 pero i he obtained for the use or handicapped uorsons an wist vc usc the p_VT hir,',, spaces available for handicappnd pc''' uns . 58 - 12- March 1 , 1978 1 o q i t.o r i i r P o 11 u t ion the city is going to be required to do something aoout monitoring air pollution. Assessment Abatement - HanAlclEpy IP 0 d that recently , at a meeting in City Hall , Finance Committee and staff were asked to go over with the county assessor' s staff their method of doing assessments . Out of that meeting came a situation that Alderman Slattery , in response tn some of his constituents , inquired concerning abatement of tExes for the handicapped , similar to that of PM sonior citizens . The Mew York Conference of Mayors has opposed this ; however , they are ivtrcincing "Circuit Breaker" hills . Mayor Conley sai the literature about tbcsc bills will be turned over to Alderman Nichols chairman of the Cbarter and Ordinance Committee . PLANNING AN') DEVELOPMENT COMM:TTEE : -"i-c-s-st n 7 --ted that tne study is completed and there are copies D) T�i F-p, r in the Planning and Development Department for anyone inte rd ;ted. Ban State Strect Truck Problem 1 1-71,_s -,,�'i i, - Thif-this prublem has been ' Lalked about in 5-, re L A 0 cm, " nommittce . Et vas docided to ask the City Attorney what some of the problems are in urnsibly dcrenulatinS Rtel 79 as a truck route . This will be 5tujied forthor and Aldorman Dennis will report back . Whimard -, ^'c:-, ,. - 1-p C,1 1 T31_1. Alderman rhaT-The Planning Director and staff have beer. asked = look into this , qlong with •edcsign of tho City Nall parking lot . VKK 0110-a fa- 197S and Annual Renorts the Worh Plan for 1978 tcum the P1 ; AQirn 3nd Duvniopment Depa • nent , together with Annual Reports for 197o - 1071 . NaTor Cuntay comneund that in che near future be woul-l- We F Yooljqj Drrwntod 0th Plapajoy Dirccror Van cor -_ ai',d staff i I n d thowft 1 iouth huynna cc L: ovyc nhe annual repurts . inc Dove! onment commi tv2o 70K in Us Gur,nn Assfy a weating nf too Comm! ttoe 011 yn ! Lh 5 rcqa& W Sonuh kill Part ; and a meating o Mrc5 K s.a th the 7"llei awyi ha an . 074AN SERVIUS [ONQUEE : �AATAT_ 24TArenu AMIA-06YAQ icpulfec_�_That Bob Cutia has submitted tKe Annual Report for 1971 K the Youth Burnau and a mceting is plannod for Wednesday , March 3 at 7 : 00 p . m. nw discus § the report . A � o t 0 OD thn Patricia cafISCH was willion splwnNk have hoen >,. t3 ohnirmna nod of che cunaingion , nt tho last �7cclnA the � -nml � qlnn raylev0d lh? N& SW 01dinahan , Thuy W2 OOVCOrned 0ih Qn c4y ' s v i njinmn with air pylluliu" an - cqaired under nvatures . Also , QQ koN . jsyion 1r2 vacy Poch w", rw rhaL !ihPnnvb planning Kgh� no akin to Kc incorporn-nd into construction 0i& ri , nt ha-2 to be Anne in tho If cuucsu area oE the 0ty, H& ONTSKNq AND RNSINKS : R V�Purla" rocoi v , ny CnMplaWts crom residents 1 -nardinW ,heir Tolevis ! "P qnvvica hvirg cui nFf withnnt noricv , o-an lhohQ vhnq paCeipty yKn- thpo to hn polo up • Until jUjy L , (.t1 It j , -,-, 1 .1 s_!� Lim thut the tclo-Kicn contoners -hould call yr , porke a0d 1AV2 him the chauce Lo currun minz0os Nhiph mn.v he mado . Commime ) f Common Council /Water and Soyec Comm. &A 5 -S-1 t" ry- C 0 WM0 n N:COO -0; 7W 47�_TVTFf; -MIT! -MA 7 fnT_VTTF Krpt , nirnmnv and InAy innij 100 A mw� : ! Aj quKW&& VA K& WOCO 1 ! 0 vntor and ii! : I r ' " P Kh U to rL n P n d L K v i r t u r qo-o rn on w • 1 n r I i V 1 G A s Q W t t er ��V' nci 1 F:' r a kurk i P sass iun and udda re un whnr� the K ( y stands -Ti: C'h c1 c u s s Q U, a Or o L C C C. t h C' 0 tLL: o i a f 1, L I J. v C; c v -r 0 110 r c f -c T) z':7' 1 S1. Il 1 0 S c T c -CC) o ca(1 IV 61 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7: 30 P.M. April 5 , 1978 PRESENT : Mayor - Conley Aldermen (9) - Boothroyd, Bordoni , Boronkay, Gutenbelger, Dennis , Holman, Nichols , Saccucci , Slattery ABSENT : Al erman (1) - Meyer ,I OTHERS PRESENT : laity Controller - Daley Building Commissioner - Hoard Supt. of Public Works - Dingman Dir. , Planning & Dev. - Van Cort City .Engineer - Cox Fire Chief - Weaver City Attorney - Shapiro Police Chief - Herson Comm. of Public Works - Schickel City Clerk - Rundle Comm. of Public Works - Cleveland Iq PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES : Q By Alderman Bordoni : Seconded by Alderman Slattery RESOLVED, the Council approves the Minutes of the March 1 , 1978 meeting as recorded by the City Clerk. Carried Unanimously- PRESENTATION: Sewage treatment Research Project Supt. Dingman introduced Mr. Leo Rancourt of CIL Chemicals , Inc. of Canada, and Mr. Donald Schwinn, consultant of Stearns F, Wheler, who presented a proposal for a research program concerned with the ICI "deep shaft" ia-zte water treatment process which allegedly aids in the reduction of the oxidation of biodegradables . The pilot project would be conducted with a $500 ,000 grant to the Environmental Protection Agency, the manufacturer under zontract to the city would contribute another $250 , 000 and the city would contribute approximately $36 ,000 of services in-kind. DisCUSSioD followed on the floor. Reso1uti.oli. By Alderman Slattery: Seconded by Alderman Boothroyd RESOLVE' That Mr. Dingman be authorized to enter into an agreement with EPA and CIA, Chemicals for this pilot project to Ithaca. Carried Unanimously ADDITIONS TO THE AGENDA: P1.ani in.-- and Development Committee AldePrmari Dennis requested the addition of two items to the agenda. 1) 3•c—o --i _on for Environmental Assessment for Items A and B; 2) '.hc SJ; 7---mile Creek Study Proposal No Cotsni .-i .' member obj ected. Ch---ter and Ord inancr< Committee rat"ilc;7ii��i� •;lch,o] s} ker ,ested the addition of two items to the :agenda: 1) t.liE -i; volution related to Item D; 2) _°es.,:- oi.ion supporting legislation allowing the city to exer�.p; tl:e Torn from property tax Budget j (' Admi_r,istration Commit ai tee illclF�iniali, latter] requested the a ition of `v,0 rarer.:;, tc ti-ic ag•:..iaa 62 -2- April 5 , 1978 1) resolution concerning personnel ro-ster; 2) resolution concerning power of committee to act concerning budget -Y No Council member objectod. ` COMMUNICATIONS: Mayor Conley informed the Council that two letters from Betty Muka had - been delivered to City Hall with the request that copies be distributed to the members of the Council ; however, because of the length of the !" letters , copies were not distributed, but are available to the aldermen in City Clerk Rundle ' s office or the office of the City Attorney, or the Mayor' s office. Resolution By Alderman Nichols : Seconded by Alderman Boothroyd RESOLVED, the reading of the remaining four communications be waived inasmuch as copies were distributed to each alderman. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL : Proposed Noise Ordinance Rich- and L. Besley, Operating Superintendent Ithaca Area for New York State Electric & Gas Corporation read the following letter to the Council : "April 5 , 1978 SUEJEC'T' : PROPOSED NOISE ORDINANCE TO : ;N;dyor Conley and the Members of Common Council - City of Ithaca My name is Richard Besley. I am the Ithaca Area Operating Superintendent for New York State Electric $ Gas Corporation. Last Monday, April 3, h obtained a copy of the proposed Noise Ordinance to amend Chapter 68 of the Ithaca Municipal Code. After reading the proposed Ordinance , I feel I must point out to you some very serious problems that will be caused by some of the provisi ons of this ordinance in its present form. If enacted as presently worded, this ordinance would severely restrict, if not completely prohibit , such simple activities as : driving a motor vehicle on a city street , mowing residential lawns using a power mower, routine maintenance or construction of water lines , seivers , underground electric and gas facilities requiring any mechanized equipment , the construction of a ne;;T home or building, home improvements requiring most t»r� s of mechanized equipment and perhaps even outdoor carpenter work. More specifically, as I read this ordinance , it would prohibit Nev York State Electric & Gas Corporation from using most of its ccr�scruction equip- ment within the City. This ordinance proposes restrictions on noise levels which would prohibit use of compressors , bucket trucks , dump trucks , back hoes , pavement breakers , etc. Consequently, most of our routine construction activities such as : additions , improvements and maintenance to either the gas or electric system would be prohibited. In particular, Section #68. 24 of this Ordinance states that it is unlawful to operate any machinery, equipment , pumps , etc. so as to exceed the noise levels 'listed in any of three very broad and undefined z3ncs ; resi- dential , commercial , or industrial . The levois listed are fa.r too restr ; Live . For example : the maximum permissible noise level allowed in a residential zone during daytime hours is 60 db. To put the 60 db . level perspective , let me list some typical db . levels for some typical sounds : ' 50 db Average residence 60 db Conversational sp..ecl (a feet)_ 74 db Average automobile (_30 feet) 80 db Very noisy restaurant These figures were taken from a chart or. 1243 of the 7th Edition 'of-, the Accident Prevention_ Manual for Inc:: `ri.��. Operations put out by the 'N-ational Safety Council . A copy of= this ch3rL s a`tache�ic -to the statement. - 3- April 5 , 1978 f Limiting the daytime noise levels in a residential area to 60 db as proposed precludes the use of nearly all types of machinery in this zone , including bucket trucks , compressors , dump trucks , back hoes , automobiles , power mowers , to mention a few. We have taken noise level readings on much of our construction equipment to assure proper compliance with OSHA regulations pertaining to personal hearing safety of our personnel . A Worthington Compressor for example has a noise level of 82 db. at idle. The allowable noise levels in the other zones are equally as restrictive when compared with the average noise level of an automobile at 30 feet . I believe this ordinance is unreasonably restrictive for those engaged in legitimate , controlled activities or businesses within the City. Furthermore , this section makes no exceptions for necessary emergency work. In addition, section #68. 25 is equally as restrictive specifically ex- cluding the use of certain equipment in or adjacent to a residential zone although it does allow exception for emergency work. (v I recognize the need to control unnecessary noise . The restrictions pro- L1j posed in this ordinance , however, impose unnecessary hardship and restric- tions on my company as well as on many other people and businesses . It would prohibit us from legally maintaining or operating our electric and < gas system within the city and would, therefore , jeopardize the quality of electric and gas service to city residents . I am certain this was not the intent of this committee . In the light of the above mentioned problems , I feel it would certainly not be in the best interests of the residents of this city to pass this ordinance in its present form. Therefore , I respectfully request that this ordinance be returned to the appropriate committee for review and revision and that an effort be made to determine the effects of this , ordinance on the other segments of the community so as not to unnecessarily restrict or prohibit the normal operations and activities of businesses and residents within the city. To this end, I will provide this committee whatever assistance or information I can. Respectfully, NEW YORK STATE ELECTRIC & GAS CORPORATION R. L. Besley Operating Superintendent Ithaca Area COMMUNICATIONS FROM THE MAYOR: DeWitt Park Improvement Committee - Appointment of Council representative Mayor Conley announced appointment of Alderman Nichols as a liaison member of. the DeWitt Park Improvement Committee from the Common Council . Economic Oppc,~tunity Corp . - Appointment of Council representative Mayor Conley recognize officially the continuance o Alderman Boronkay to work with the Economic Opportunity Corp . to bring their problems back to. she Council . Human Services Committee - Appointment of Council representative Mayor Coney announced appointment of Alderman Holman as Council liaison member to th- T7,1­Tian Services Committee . June meeting of the Common Council At the req�,.est�ol tKe Mayor, the _ollowing resolution was passed: By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That the June meeting of the Common Council will be changed from the first Wednesday to the second Wednesday clue to the New York State . Conference of Mayors Annual ,i eting being held during the first week of the Tilo'nLi2 which nearly all of i:hcl _41Ju !'oan anG file Mayor vvI I l ue attendlinlol. Carr-Jed Unanimously 64 -4- April 5 , 1978 CITY ATTORNEY' S REPORT : City Attorney Shapiro reported that regarding the Kram case in respect to the erection of suicide prevention barricades on the city' s bridges over the gorges , the decision had been made in the city' s favor, and the petition dismissed. \ BUDGET $ ADMINISTRATION COMMITTEE: By Alderman Slattery: Seconded by Alderman Boothroyd WHEREAS; The Clean Water Act of 1977 has provided a mechanism for tha United States Environmental Protection Agency to provide special funding for innovation of waste water treatment technology, and WHEREAS , the USEPA has indicated its interest in testing an innovative process known as the Deep-Shaft Biological Waste Water Treatment Process in a demonstration project at the City of Ithaca' s Waste Water Treatment Facillty, and WHEREAS , the USEPA in conjunction with the proprietor of the Deep-Shaft Process Eco-Research Division of CIL Chemicals , Inc. , will fund the construction and evaluation of a demonstration pilot plan, and WHEREAS , the Deep-Shaft process if proven successful in Ithaca, could provide the City with substantial savings in capital costs , operating costs and land useage , and WHEREAS, the City' s sole contribution will be land use , project manage- ment and part-time operating and laboratory assistance using existing manpower; NOW, THEREFORE, BE IT RESOLVED, That 1. Robert 0. Dingman , Superintendent of Public Works , hereby is authorized to file j.n application with the USEPA for funding of .sl ! s id dcih irntion project. 2 . The City Council authorizes the construction of said demonstration project at the Waste Water Treatment site . 3. Copies of this Resolution may be used in support in the City' s _nterest in undertaking the project . Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Atli.cation for federal assistance for parks development By Alderman Dennis : Seconded by Alderman Holman WHEREAS, the City of Ithaca desires to apply for financial assistance under the Outdoor Recreation Bond Act (Chapter S58 , 559 , Laws of tie State of New York , 1965) and under the Land and Water Conservation Fund Act of 1965 (78 Stat . 897-1964) for (1) the Columbia Street and Wood Street Park improvement projects , which will provide play facilities for the lower South Hill and Titus Flats neighborhoods ; and (2) for improvements at Cass Park including expansion of the lobby and admission area and lighting of four ballfields ; NOW, THEREFORE , BE IT RESOLVED, That the Common Council be and is hereby authorized to execute and submit application for financial assistance under the aforementioned legislative authorities for the cost of development of the Columbia Street and Wood Street Park improvement projects and of the Cass Park improvement project and th-- Titus Flats ballfields renovation; and BE IT FURTHER RESOLVED, That upon approval of such grant application,-- th ' Mayor b,. and is hereby authorized and empowered on behalf of the Common' Council to c:;ecute such contracts as are necessary to implement suc,i =project, Discussion followl-d on the floor. 65 -5- April 5 , 1978 A vote on the resolution resulted as follows : Ayes (8) - Boothroyd, Bordoni , Boronkay, Dennis , • Holman, Meyer, Nichols , Saccucci , Slattery Nay (1) - Gutenberger Absent (1) - Meyer j Carried Purchase Agreement for Acquisition of South Hill Park By Alderman Dennis : Seconded by Alderman Holman WHEREAS, on August 3, 1977, the Common. Council authorized lease by the City of the South Hill land extending from Hillview Place through to Columbia Street that is owned by James E. Gardner , Jr. , and affirmed its intent to work toward purchase of said land, and WHEREAS, application has been made for State assistance in purchasing this land, and WHEREAS , application is currently being prepared for federal assistance for development of this land as a City neighborhood playground, with such [jJ application dependent upon City ownership of or commitment to purchase Q this land; Q THEREFORE, BE IT' RESOLVED , That the Mayor be and is hereby authorized to execute a purchase agreement between the City and the owner for the negotiated price based on the two appraisals made of the land; and BE IT FURTHER RESOLVED, That should State assistance be denied, the Common Council hereby affirms its commitment to purchase said land as a City recreational area. Carried Unanimously Review Responsibility for Environmental Assessment of H C R S Applications By Alderman Dennis : Seconded by Alderman Nichols ,WHEREAS, an Environmental Assessment must be prepared for all proposals prior to approval by the N.Y. S. Office of Parks and Recreation (O. P. R. ) . and WHEREAS, the City of Ithaca intends to file an application for Federal funds for activities at Cass Park, Wood Street Park and Hillview Upper and Lower Parks and Titus Flats , from Heritage Conservation Recreation Services (formerly Bureau of Outdoor Recreation) which also requires an environmental assessment , and WHEREAS , the City is the entity which wishes to carry out this action and the Common Council has jurisdiction to determine whether said action may or will not have a significant effect on the environment , THEREFORi:, r3D I'f RESOLVED, That all information and statements necessa. y for this assessment be prepared by the staff of the City of Ithaca, Planning :!a.i Development Department , that such information and statements be refexrr.� to the Planning and Development Committee of Common Council , and that the Plan:..ing and Development Committee shall have the po=.per to act it, determining whether these actions may or will not have significant effect on the environment . Carried Unanimously Six-mile Creek Study Pronos;. :alderman ennis referred to a �-,tter from Dennis Winters of the Tompkins Couiity Environmental Management COUTICil to the Mayor concerning the Six- mile CieF:k Study Proposal . Resolution By Alder a- Dennis : Seconded by Alderman Nichols WHEREAS , rlie Tompkins County Ln,ryronmental Management Council has proposed a study the Six-mile Creek that ur �tld focus on te YrCb e^,s e �vnce art Caroline , Slaterv�_lle and Broortondale ; and V v WHEREAS Re study that i proposed has t'le otenti,:.1 ^f e . p .,refitting ,. he City o_i" 1 t:liaca by reducing th,; siltntion of the Burns Road pond, and -6- April 5 , 1978 66 WHEREAS, the City is not being asked to participate in funding the proposed study , although there is a potential benefit to the City in the possible reduction of silt in the water supply; NOW, THEREFORE , BE IT RESOLVED, That the Common Council endorses the proposal for a study of Six-mile Creek , with funding to be requested from the U. S. D.A.. South Central Resource Conservation and Development Project , and BE IT FURTHER RESOLVED, That copies of this resolution be sent to the Ithaca Town Board, the Caroline Town Board, and the Tompkins County Environmenta, ,, Management Council. Carried Unanimously Collegetown - Meeting with Architects and Merchants Alderman Dennis reported on a :ieeting of the architects and merchants of the Collegetown area, saying that the proposals met with some notice if good feeling on the part of the merchants . He said the planning staff have prepared a report , copies of which may be obtained in the Planning and Development Department. Purchase Agreement for Acquisition of South Hill Park Resolution to Amend Previous Resolution Alderman Holman requested that the resolution concerning the purchase agreement for acquisition of South Hill Park be re-opened to substitute "negotiated price" for "fair market value" in the third line under the first result. Seconded by Alderman Dennis . Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE Peripheral Streets Bidding Procedures Comm. Schickel of the Board of Public Works addressed the Council , explain- ing that the Board of Public Works had met that afternoon and voted to rescind their resolution of two weeks ago concerning the award o= the contract for Peripheral Streets Improvements and to award the contract to Giordano Construction Company for its bid as outlined on the bid form, ' including Item #2 at $ 3. 95 per sq. ft . He explained that the confu.3ion it came about previously was due to two mistakes : one in the extension of , the $ 3. 95 per sq. ft. , and the other in what the $3. 95 should have been. Comm. Schickel asked the Common Council to support the action of the Board of Public Works in their new resolution passed that afternoon , to accept Giordano ' s bid with Item No. 2 brick pavers to be at $3. 95 per sq. ft. , properly extended, making the total bid $ 383 , 776 , or if a ne:., resolution is proposed, to vote against rebid of the contract. Discussion followed on the floor. Resolution By Alderman Slattery: Seconded by Alderman Boothroyd RESOLVED, That Item 0 of the Budget and Administration Committee be withdrawn from the agenda. Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (4) - Holman, Saccucci , Slattery, Boothroyd Nays (5) - Denni.� , Gutenberger, Bordoni , Nichols , Boronkay Absent (1) - Meyer Motion Defeated i Resolution By Alderman Gutenberger: Seconded by Alderman Denniz WHEREAS, the Board of Public Works received bids on a part of the Peripheral Street improvements , and WHEREAS , the lowest bidder has compilation errors in. his bid ; however, after c_c:rrection of these errors the total big: was still the lowest bid, and the Board of Public Works authorized acceptance of the low bid �t: the revised f__gure , subject to the approval of the City Attorney, and - 7- April S , 19786d WHEREAS, this Common Council has reviewed an opinion of the City Attorney and discussed the process with the Superintendent of Public Works ; and WHEREAS, it is the consensus of this Common Council that in the best interest of the community the project should be rebid; NOW, THEREFORE , BE IT RESOLVED, That this Common Council directs the Board of Public works to reject all bids received for the Peripheral Streets improvements , and to rebid the project as expeditiously as possible . Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (5) - Bordoni , Nichols , Dennis , Gutenberger, Boronkay Nays (4) - Slattery, Boothroyd, Saccucci , Holman Absent (1) - Meyer Carried The Common Council recessed at 10 : 18 p .m. W The Common Council reconvened in regular session at 10 : 28 p.m. Q Mayor Conley left the meeting at 10 : 18 p .m. and the balance of the meeting was chaired by Acting Mayor Gutenberger. CHARTER AND ORDINANCE COMMITTEE : Local Law #3 Amending Article V of the Ithaca City Charter to clarify the �legislation Baling with curb and gutter assessments By Alderman Nichols : Seconded by Alderman Slattery BE IT ENACTED By the Common Council of the City of Ithaca as follows : Section 1 . Amending Article V of the Ithaca City Charter , Section 5 . 47 entitled "Streets , Pedestrian Malls , Improvements , and Assessment , " subdivision 4 . Section 5 . 47 of the Ithaca City Charter, subdivision 4 is hereby amended to read as follows : 114. Assessment of cost for construction of curbs and gutters . The cost of original curbs and gutters shall be apportioned as follows . Fifty percent of such cost shall be a charge f against the City at large and the remainder shall be a charge against the abutting property owners , apportioned according to their respective front footages . The cost of renewal or repair of curbs and gutters shall be a charge upon the City at large . " Section 2 . Effective Date. This local law shall take effect immediately upon filing with the Secretary of State. Carried Unanimously Revision to�C'hapcer 54 of the Ithaca Municipal Code ("Animals" Requirement oT lice nse on dog" By Alderman Nichols : Seconded by Alderman Bordoni AN ORI -1 N1AJ (;E AMENDING CHAPTER 54 ENTITLED "ANIMALS" OF THE CITY OF ITHACA MU14ICIPAL CODE (ORDINANCE No . 78- 3) BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York , as follows : Section 1 . That Chapter 54 Enii *led "Animals" of the City of Ithaca Municipal Code is hereby amended as follows : 1 . That a new subdivision to be known and designated as Stbci.ri° ' c:: cer-4 — r-/ , 72 , ,.+ +1�. "Prchib - Acts" to follow Subdivision S is hereby adued to saiu ciapter to read as follows : -s-68 April 5 , 1978 "6 . Does not have at all times a valid and current dog license attached to a collar around the dog' s neck. " Section 2 . This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3. 11 (b) of the Ithaca City Charter. Carried Unanimously ' Revision to Chapter 54 of the Ithaca_Municipal Code ("Animals" - Enforce- ment of Ordinance By Alderman Nichols : Seconded by Alderman Bordoni ORDINANCE NO. 78-4 AN ORDINANCE AMENDING CHAPTER 54 ENTITLED "ANIMALS : 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 Section 54 . 33 entitled "Enforcement" is hereby amended to read as follows : "All peace officers in the City , the Tompkins County SPCA and its employees pursuant to contract with the City, -and all employees of any dog warden appointed by the Common Council shall administer and enforce the provisions of this Article , and for such purpose shall have the authority to issue appearance tickets pursuant to Article 150 of the Criminal Procedure Law. Appearance tickets may require payment by mail of a designated fine or appearance in Ithaca City Court and shall be in such form as may be prescribed by the Judge of the Ithaca City Court. " Section 2 . This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3. 11 (b) of the Ithaca City Charter. Carried Unanimously Noise Ordinance Amending Chapter 68 of the Ithaca Municipal Code By Alderman Nichols : Seconded by Alderman Boothroyd ORDINANCE NO. 78 AN ORDINANCE AMENDING CHAPTER 68 ENTITLED "NOISE" OF THE CITY OF ITHACA MUNICIPAL CODE : BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, N.Y. , as follows : (copy of Ordinance attached to Official Minute Book) Discussion followed on the floor. Tabling Motion By Al erman Slattery: Seconded by Alderman Boothroyd RESOLVED, That the Noise Ordinance be tabled for further work by the committee. A vote on the tabling motion resulted as follows : Ayes (6) - Bordoni , Boothroyd, Boronkay, Slattery, Saccucci, Holman Nays (3) Dennis , Nichols , Gutenberger Absent (1) - Meyer Carried Municipal Consultants and Publishers Contract for Supplementing the Municipal Code Fsy Alderman Nichols : Seconded by Alderman Boothroyd BE IT ENACTED by the Common Council , That Municipal Consultants and Publishers of Geneva, New York, is authorized to perform the annual supplementation of the Ithaca Code of Ordinances at the rate previously anreed per page , and BE IT FURTHER ENACTED, That the a-inual supplementation shall be automatic I 69 -9- April S , 1978 unless after the first meeting in April of each year Municipal Consultants and Publishers changes its rate structure and upon thirty days written advance notice to the Common Council , the new rate structure is determined to be unacceptable . Carried Unanimously Taxicab Ordinance Alderman Nichols reported to the effect that the committee has met with •epresentatives of two of the taxicab owners in the city and received ; financial statements from them and descriptions of various problems that re handicapping them. She said the committee has also had some corr�es - pondence from the Chief of Police who would like to incorporate several. changes in our Taxicab Ordinance which are mandated by the state . Resolution By Alderman. Nichols : Seconded by Alderman Saccucci BE IT ENACTED by the Common Council , That the City Clerk is directed to advertise: a public hearing on revision(s) of the Taxicab Ordinance , including the schedule of fees . The public hearing will take place on Wednesday, April 26 , 1978 , at 7 : 30 p .m. in the Common Council Chambers . Carried Unanimously jjjRequest To Waive License Fees for Nonprofit Organizations Alderman Nichols reported on the referral to her committee at the March <meeting as a result of a request to waive license fees , presently charged to all organizations , on behalf of those claiming to be nonprofit organi- zations . She said the committee discussed this at some length and the feeling was that it is beneficial to have all groups controlled, and to be required to pay the minimum fee. There was no indication to .naive the license fee . Regu�ations Concerning Solicitation Permits Alderman Nichols reported that City Attorney Shapiro has drafted some regulations concerning permits for solicitation. Those have been reviewed by the Chief of Police and the Charter and Ordinance Committee will review them. Request for Change in Sign Ordinance To Allow Certain Historic Signs To Remain. In Use After the Date Specified for Removal e o All Noncnforming Signs Alderman Nichols referred to a communication from the Ithaca Landmarks Preservation Commission who are interested in having some revision in the Sign Ord-inance to have provision available so that certain nonconforming signs migi:t be discussed to be valuable and be retained. She reported the committee will work on it. Suggestion of Ithaca Planning Board that Members of Common Council Be Notified of. Reauests for Zoning Variance Requests By Alderman. Nichols : Seconded by Alderman Bordoni BE IT ENACTED by the Common Council , That the Planning Director is to notify the members of Common Council of any zoning variance requests in their respective wards that are referred to the Planning Board and the Board of Zoning E�.i:i:�ais , and that legislation incorporating this addition may be prepared b,.. the Charter and Ordinance Committee . Discussion followed on the floor. A vote on the resolution resulted as follows : AyFE (_8) - Boot-b-oyd, Bordoni , Boronkay, Dennis , Holman, Nichols , Saccucci , clattery Nay (1) - Gutenberger Absent (1) - Meyer Carried De:sicTnat; on of Strand Theater as Historic Landmark Alder:nari Nichols reported that on the nnatter of designating the Stand Theater as an historic landmark , that procedure is now hack with tno t ,aca Landmarks Proservatio.i Commission , an(! Ji-_,n ti--e-,- send a letter aski i�-- `',a aI� Charter & Ordinance Committee to do it , te om.�itt -c will ak.t ��7. Clio c• 70 -10- April 5 , 1978 Tax Exempt Status - Town of Ithaca By Alderman Nichols : Seconded-by Alderman Holman T,TTTT17T A0 th Town o nth ca has applied for, reciprocal tax oxci�pt on Gi ry u.L.1\ ci..i, �,11G its property in the City of Ithaca, and WHEREAS, legislation has been introduced in the New York State Assembly to permit the Town of Ithaca to participate in reciprocal tax exemption with the City of Ithaca, the County of Tompkins and the Ithaca City School District, and WHEREAS , the reciprocal exemption of municipal properties is beneficial to the citizens and taxpayers of the participating taxing authorities ; NOW, THEREFORE , BE IT RESOLVED, That the Ithaca Common Council does hereby, go on record as supporting the application of the Town of Ithaca for reciprocal tax exemption and will undertake to implement such reciprocal tax exemption immediately upon notification of the passage by both houses of the enabling legislation by the New York State Assembly, and upon approval by the Governor , and BE IT FURTHER RESOLVED, That copies of this resolution be mailed to Assemblyman Gary Lee and State Senator William Smith, as well as to the members of the Ithaca Town Board, Supervisor Noel Desch, and the Ithaca School District. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE : Approval of Architect ' s Bill for Health Facility By Alderman Slattery: Seconded by Alderman Boronkay RESOLVED) That the bill in the amount of $2 ,475 submitted by O ' Brien and Taube, Architects , for additional services for the Family Medicine Center, be approved. Carried Unanimously Appropriation to E.O. C. for Youth Manpower Coordinator By Alderman Slattery: Seconded by Alderman Saccucci 11,1 EREAS , in 1973 Tompkins County, the City of Ithaca and E.O. C. entered into an agreement to hire a youth coordinator, the county and city to pay one-quarter of an estimated $6 ,400 each, the remaining half to come from state youth funds , and WHEREAS, E.O. C. spent $5 ,193. 23 and the county and city each contributed $1 ,600 , leaving a balance of $1 ,993. 23 which was advanced by E.O. C . , and WHEREAS, no one applied to the state for matching funds , and WHEREAS, E.O. C. requests the county and city to share the cost of the outstanding balance ; NOW) THEREFORE , BE IT RESOLVED: 1 . That this Common Council agrees to appropriate $996 . 62 as the city' s share of the E.O. C. advance. 2 . That said appropriation be made in two equal payments , one-half in 1978 , and the remainder in 1979 . 3. That this appropriation is contingent upon Tompkins County agreeing to sharing this cost . i ', Discussion followed on the floor. i A vote on the resolution resulted as follows : Ayes (_8) - Boothroyd, Bordoni , Gutenberger, Dennis , Holman , Nichols , Saccucci , Slattery Abstention (1) - Boronkay l)sent (1) - Meyer Carried Personnel Roster Amendment -_Public Works Administration ->v 11,-It"101- ai: si atte-rv : Seconded by Alderman Bordonz 1, :=6 1, E D Tlia 11", 7 8 roster for Public Works Administration -11- April 5 , 1978 71 be amended to include the position of Stenographer. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Personnel Roster Amendment - Safety Inspection By Alderman Slattery : Seconded by Alderman Boothroyd VESOLVED, That the 1978 personnel roster for A3620 , Safety Inspection, be mended to eliminate the Senior Typist position and add a Stenographer position. j Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously y pro for Green Street Ramp - Consultant ,;IBy Alderman lattery: econ ed by Alderman Dennis ESOLVED, That $1 , 800 be transferred from A1990 Contingency Account to 1490-407 Public Works Administration-Contractual Services for hiring an ngineering consultant to inspect and make recommendations on major aintenance problems in the Green Street Ramp. Q Discussion followed on the floor. A vote on the resolution resulted as follows : .. . .. ... .. .. .... .. .. . . .. .. . Carried Unanimously Budget Amendment for 213 South Plain Street (CD funds) By Alderman Slattery: Seconded by Al erman Boothroyd :ESOLVED, That $1 , 700 from the Community Development Budget Contingency c:.count be transferred to the 213 South Plain Capital Project Account . ' scussion followed on the floor. A vote on the resolution resulted as follows : Ayes (7) Boothroyd, Bordoni , Gutenberger, Dennis , Nichols , Saccucci , Slattery Nays (2) - Holman, Boronkay Absent (1) - Meyer Carried Transfer of Funds for South Hill Park By Alderman Slattery: Seconded by Alderman Holman RESOLVED; T?)a.t $1 , 000 be transferred from the Parks Capital Reserve Fund- Reserve Account 411 to the South Hill Park Capital Account #181 for design services . Discussion -'allowed on the floor. c°solution of Referral TAlderman Slatter�� — Seconded by Alderman Bordoni = ` OLVED, That the . resolution transferring funds for South Hill Park be erred to the Capital Projects Review Committee . Carried Unanimously "ormanent .Appointment of a Principal Account Clerk By Alderman Slattery: Seconded by Alderman Saccucci WHEREAS , Mrs . Carol Wilson has been serving in a provisional capacity as a Principal Account Clerk since August 8 , 1977 , subject to a Cavil Service examination , and WHEREAS , Mrs . Wilson passed her examination March 17, 1978 and is eligible for permanent appointment ; 72 -12- April 5 , 1978 NOW, THEREFORE , BE IT RESOLVED , That Mrs . Carol Wilson be permanently appointed to the position of Principal Account Clerk at a salary of $8 , 519 per annum, effective March 17 , 1978 , subject to the usual proba- tional term. Carried Unanimously Correction of Youth Worker Resolution By Alderman Slattery: Seconded by Alderman Boothroyd RESOLVED, That the resolution adopted by this Common Council March 1 , 1978 , appointing Marli Stahler-Cavanaugh as Youth Worker be rescinded, and BE IT FURTHER RESOLVED, That the following resolution be adopted: RESOLVED, That Marli Stahler-Cavanaugh be provisionally appointed a Youth Worker at a salary of $10 ,022 per annum. '¢' Carried Unanimously Designation of Dog Enumerator By Alderman Slattery : Seconded by Alderman Boothroyd RESOLVED, That the Common Council of the City of Ithaca, New York hereby elects to cause the Dog Census for the year 1979 to be made by Enumerators instead of by its Police Department during the months of October and November 1978 (for 1979) and that the City Clerk be directed to file a Certified Copy of the resolution with the New York State Department of Agriculture and Markets , Albany, New York on or before June 1 , 1978 . Carried Unanimously Correction of Human Services Coalition Resolution By Alderman Slattery : Seconded by Alderman Holman RESOLVED , That the dollar amount , in the resolution of March 1 , 1978 , authorizing the execution of a contract with the Human Services Coalition of Tompkins County , Inc. , due to a typographical error, be changed from $5 , 106 to $5 ,670. Carried Unanimously Revenue Sharing Public Hearing - Proposed Use t By Alderman Slattery : Seconded by Alderman Holman RESOLVED, That the City Clerk be authorized and directed to advertise for a public hearing on the proposed use of Federal Revenue Sharing funds in t 1978 budget to be held by the Mayor on April 24 , 1978 , at 7 ,nx, , in th Central Fire Station , 310 W. Green Street. "' e Carried Unanimously Revenue Sharing Public Hearing - Total Budget By Alderman Slattery : Seconded by Alderman Saccucci RESOLVED, That the City Clerk be authorized and directed to advertise for a public hearing on the use of Revenue Sharing Funds as they relate to the total budget , to be held by the Common Council on May 3, 1978 , at 7 : 30 p.m. , in the Common Council Chambers , 108 East Green Street , Ithaca, N.Y. Carried Unanimously Audit By Alderman Slattery: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Administra- tion Committee in the total amount of $24 , 129 . 68 as listed on Audit Abstract # 5/1978 be approved for payment.' Carried Unanimously Departmental Budgets By Alderman Slattery: Seconded by Alderman Dennis RESOLVED, That the Common Council authorizes the Budget and Administration Committee power to act , possibly in reducing the departmental b u-1gets , in determining the final budget for passage. Carried Unanimously Town of Ithaca - Fire Contract Alderman Slattery reported that the contract with the Town of Ithaca for fire protection had expired. Resolution By Alderman Nichols : Seconded by Alderman Holman RESOLVED, That the matter of the extension of the Town of Ithaca Fire Contract be referred to the Intergovernmental Committee with power to act . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously CIRCLE GREENW_AY COMMISSION : u derman Nichols reported on the progress of the Circle Greenway Commission. A kite festival is scheduled for nex; ;nonth and a rose festival in June. i� -13- April 5 , 19787e REPORTS OF SPECIAL COMMITTEES Urban Renewal Agency Alderman Dennis reported that the Urban Renewal Agency has been meeting and regular work has been going on. The Agency requests , on or before April 17 , a meeting with the Council to discuss budget . It was agreed a meeting time would be set as soon as possible . UNFINISHED AND MISCELLANEOUS BUSINESS : `-tunicipal Overburden 'v Alderman Boothroyd: Seconded by Alderman Slattery (J'3SOLVED, That the follow-up letter from Assemblyman Gary Lee , dated Jan. :31 , 1978 , referring to a previous letter dated May lfi , 1977, concerning Municipal Overburden, be referred to the Budget and Administration Committee for reply. Carried Unanimously Fall Creek By Alderman Bordoni : Seconded by Alderman Boothroyd RESOLVED, That a letter from the Fall Creek Civic Association in respect. Ito flood damages to the school , and a request that the city take action to 'qforce the state to dredge Fall Creek, be referred to the City Attorney for review and report back. � Carried Unanimously ADJOURNMENT : <W-nn motion the meeting adjourned at 11 : 40 p .m. POE- i Jo ph A. RUn le , City Clerk Edward J. C le May F t I t t E k C y� t 1 yxxy eY {4: 4 5 v, 1 i XTTT. CHARTER AND ORDINANCE COMMITTEE AGENDA ITEM C II ' ORDINANCE NO . 78 - AN ORDINANCE AMENDING CHAPTER 68 ENTITLED " NOISE" OF THE CITY OF ITHACA MUNICIPAL CODE : BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca , E . Y . 9 as follows : Section 1 . That Chapter 68 entitled "Noise" of the City of Ithaca Municipal Code is amended as follows : 1 . That Chapter 68 entitled "Noise" is hereby amended to read as follows : #68. 1 Title This Chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance . " #68. 2 Purpose The purpose of this Chapter is to preserve the public health , peace , welfare , and good order by suppressing the making , creation , or maintenance of excessive , unnecessary , unnatural or unusually loud noises which are prolonged , unusual and unnatural in their time , place , and use and which are detrimental to the environment . #68. 3 Definitions �► Unless the context otherwise clearly indicate the words and phrases used in this Chapter are defined as follows : 1 . " Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity , or work neces- sary to protect persons or property from an iMminent exposure to danger . 2 . "Mlotor Vehicles " shall include , but 6t be limited to , automo- biles , trucks , buses , mopeds , minibikes , and ° ny other vehicle as defined by the Vehicle and Traffic Law of the State of New York as it may be amended from time to time . 3 . "Sound-Amplifying Equipment" shall mean any machine or device for the amplification of the human voice , instrumental music , or any other sound . Sound-amplifying equipment shall not include standard automobile radios or tape recorders when used and heard only by the occupants of the vehicle in which such automobile radio or tape recorder is installed . As used in this chapter , sound-amplifying equipment shall not include warning 'devices on authorized emergency vehicles or horns or other warning devices on _ any vehicle used only for traffic safety purposes . 4 . "Decibel " shall mean a unit for expressing the ratio of two -2- 68 �mounts of electric or acoustic power equal to ten times the common ogarithm of the power ratio . It is abbreviated db/A . Decib'e'ls shall be measured on standard sound- level meters acceptable to the Ithaca Police Department . 5 . " Daytime hours" shall mean the hours between seven A . M . and ten P .M . local time on Sunday through Thursday and between seven A . M . and twelve o ' clock midnight on Friday and Saturday . 6 . " Nighttime hours" shall mean the hours between ten P . M . local time on Sunday through Thursday and seven A . M . of the following day , and between twelve o ' clock midnight on Friday and Saturday and seven A . M . of the following day . ARTICLE II SPECIAL NOISE SOURCES #68. 21 Radios , Television sets , and similar devices for amplifying sound It shall be unlawful for any person within any residential university, or public zone as defined in the Zoning Ordinance of the City of Ithaca � to use or operate any radio receiving set , musical instrument , phonograph , television set , or other machine or device for the producing or reproduc- ing of sound during the nighttime hours as defined in this ordinance so that the sound emitted shall be greater than fifty-five ( 55 ) decibels as measured at or near the property line of the emitting source, __? ring the daytime hours it shall be unlawful for any person to operate or use any radio receiving set , musical instrument , phonograph , televi - sion set or other machine or device for the producing or reproducing of sound at a level greater than sixty decibels as measured at or near the property line of the emitting source The corresponding sound levels permitted in the commercial ( business and marine ) zones shall be fifty- five ( 55 ) decibels nighttime and sixty-five ( 65 ) decibels daytime . In the industrial zones the sound levels permitted shall be sixty- five night- time and seventy- five decibels daytime , as indicated in the following chart : Daytime Nighttime 7 A. M . - 10 P .M . 10 P . M. - 7 A . M . Sun . , Mon . , Tues . , Sun . , pion . , Tues . , Wed . , Thurs . Wed . , Thurs . 7 A. M . - 12 Midnight 12 Midnight-7 A. M. Fri . , Sat . Fri . , Sat . Residential , University , 55 db . Public Zones 60 db . Commercial , Marine Zones 65 db. 55 db . Industrial zones 75 db . 55 db. -3- �68 #68. 22 Hawkers and Peddlers It shall be unlawful for any person from the Ithaca Police Department to sell anything by outcry within any area of the City zoned for residential uses . The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise , food , and beverages at licensed sporting events , parades , fairs , circuses , and other similar licensed public entertainment events . #68. 23 Drums , use restricted It shall be unlawful for any person to use any drum or other instru- ment or device of any kind for the purpose of attracting attention by the creation of noise within the City . This section shall not apply to a participant in a school band or duly authorized parade or to anyone who has been otherwise duly authorized to engage in such conduct . #68. 24 Machinery , equipment , fans and air conditioning It shall be unlawful for any person to operate any machinery , equip- ment , pump , fan , air-conditioning apparatus , or similar mechanical device in any manner so as to exceed the noise levels permitted in the residential , commercial , or industrial zone where the noise is created during the night- time or daytime hours as indicated in the following chart : #68. 25 Construction of buildings and projects It shall be unlawful for any person within a residential zone , or within a radius of five hundred ( 500 ) feet of a residential zone , to operate equipment or perform any outdoor or indoor construction or repair iwork except of any emergency nature on buildings , structures , or projects for to operate any pile driver , steam shovel , pneumatic hammer , derrick , steam or electric hoist , or other construction equipment except to perform emergency work during the nighttime hours as defined in Section 68 . 3 herein . Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and the penalties that may result . If the violation continues , the authorized official shall issue an appearance I II -4 i 68 ticket to the offender . #68. 26 Vehicle repairs It shall be unlawful for any person within any residential area of the City to repair, rebuild , or test any motor vehicle so as to create noise during the nighttime hours as defined in Section 68 . 3 herein . #68. 27 Schools , hospitals , and churches It shall be unlawful for any person to create any noise on any street , sidewalk , or public place adjacent to any school , institution of learning , or church while the same is in use ; or adjacent to any hospital or health-related facility , which noise unreasonably inter- feres with the workings of such institution or which disturbs or unduly annoys patients in the hospital or health-related facility . #68. 28 Additional regulations It shall be unlawful for any person to make or continue , or cause to be made or continued , any loud , unnecessary or unusual noise or sound which shall exceed the permitted noise levels specified in #68 . 21 this ordinance . Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and the penalties that may ensue . If the violation continues , the authorized official shall issue an appearance ticket . ARTICLE III VIOLATION AND PENALTY #68. 40 Violation Any sound originating from a stationary property location which is measured at or near the property line from which the sound is emanating and found to be in excess of the levels permitted for the zone as speci - fied in this ordinance shall be considered to be a violation of this ordinance . Any sound originating from a transient noise source and measured on a standard meter at a distance of fifty ( 50 ) feet from the emitting source which is found to be in excess of the noise levels specified in this ordinance or of the New York State Vehicle and Traffic Law shall be con- sidered to be a violation of this ordinance . r -5- 68 #68. 41 Penalty Any person who shall violate any provision of this Chapter shall be punishable as provided in Section 1 . 10 of this Code . ARTICLE IV SEVERAQILITY If any provision of this ordinance or the application thereof to any person or circumstances is adjudged invalid by a court of competent jurisdiction , such judgment shall not affect or impair the validity of the other provisions of the ordinance or the application thereof to other persons and circumstances . { ' k COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7 : 30 P.M. April 13, 11.78 PRESENT: Mayor - Conley .�• =ermen (9) - Boothroyd, Bordoni , Dennis , Gutenberger, Holman, ieyer, Nichols , Saccucci , Slattery ABSENT : 1. man (1) - Boronkay OTHERS PRESENT: Director. Youth Bureau - Cutia Urban Renewal Agency - John Crowley Urban Renewal Agency - Stuart Stein Urban Renewal Agency - Anne Jones City Controller - Daley Director, Planning & Development - Van Cort City Attorney - Shapiro City Clerk - Rundle PLEDGE OF ALLEGIANCE : ayor Conley lei all present in the Pledge of Allegiance to the American Wflag. <ADDITIONS TO THE AGENDA: <Budget and Administration Committee Alderman Gutenberg requested the addition of two items to the agenda: 1. Bids exceeding budgeted amount (Board of Public Works) 2 . South Hill Park No Council member objected. BUDGET AND ADMINISTRATION COhLMITTEE : ."alderman Gutenberger asked City Controller Daley to comment on the status of the City of Itha.c:a. 1978 Budget. City Controller Daley reported that the city has a $313,366 deficit which prevents balancing of the budget , and went into detail to explain the reasons for this . Mr. Daley said, taken at face value , the deficit would mean $3. 13 per thousand added to the tax roll . Alderman Gutenberger asked the Council to bear in mind that in figuring, they were still using last year' s tax basis which will be adjusted down- ward or pro-rated for the assessment . Unfortunately, this means the city has to generate the same amount of money and get the same amount of income . Mayor Conley asked Alderman Gutenberger to present the recommendations made by himself and Controller Daley to the Finance Committee. I Alderman Gutenberger commented that the first obvious choice is to raise taxes by a $ 3. 13 increase , which the commiv:ee does not feel is the best way to go ; Secondly, reduce the operating budget withou-.;' laying off s :;aff; and Cut bacl. on capital. expenditures. e said it appea, ..; there will be in the range of $2 . 00 to $2 . 50 tax increase effected by reducing the operating and capital budget . Alderman Gutenberger commented the following capital proj •.>crs could be removed or delayed from -`he Commiunity Development- Budget . Nort:hside -Southside--street improvements .'. ,000 Wood :street--benches , fence , w,-)ter fountain. "x ,000 Fall Creek Action Plan j ,C 00 Mayor Conley commented the -.,:c j .-1 p . c e�,:,Ls , ^eripherz_l Streets project , would qualify fk-,.- `u: Is . H--, 5{7 .(21 the Urban Renewal_ Agency have 1 111 j.; yahE:re -2 Argil 1-�, 1978 I t / should come from. Historic preservation is an obvious place which was discussed and the Urban Renewal members thought it unfair, and ghat the total Community Development program should be looked at . Mayor Conley said in his opinion the $10 ,000 should come from Community Develop- ment funds , to help relieve the city budget. Mayor Conley said he had promised Council to bring back Historic Preserva- tion' s specific projects prior to the Urban Renewal adoption of them. tx Discussion followed on the floor. Alderman Gutenberger asked if the Council felt the Community Development funds should be a source of income. " Anne Jones , Urban Renewal Agency member, commented that it is a matter of policy- -does the city wish to use Community Development funds for thin& ..... that should ordinarily be borne by or paid for out of tax revenues . Alderman Meyer commented that we are not taking Community Development funds , but that we are reconsidering the use of CD funds for things that are spelled out in their criteria. Resolution By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That this Common Council hereby decides that . it will fund certain eligible projects , presently in the General Budget , from the Community Development Block Grant. A vote on the resolution resulted as follows : Ayes (8) - Bordoni , Boothroyd, Nichols , Meyer, Dennis , Gutenberger, Slattery, Saccucci Nay (1) Holman Absent (1) - Boronkay Carried Discussion followed on the various line items , hard and soft wares , from which funds could be taken. i Resolution By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That $5 , 000 be transferred from Historic Preservation, and $5 , 000 transferred from City-wide Housing Program, from the Community­ Development Block Grant to the General Fund for the Fall Creek Action Plan Capital Project. Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (7) - Boothroyd, Nichols , Dennis , Gutenberger, Holman, Slattery Saccucci Nays (2) - Bordoni , Meyer Absent (1) - Boronkay Carried 1978 Capital Accounts City Controller Daley reviewed the capital accounts with Common Council as follows : 1978 CAPITAL ACCOUNTS 1978 INCREASE RECOMM. TENTATIVE OR 1978 BUDGET DECREASE BUDGET" Cass Park Lighting $ 65 ,000 $ (4510001 $ 20 ,000 peripheral Streets 275 , 000 275,000 Collegetown Improvemeats 15010000 (_75 ,0001 75 ,000 Northside/Southside Improvements 3,G00 (3,000)_* -0- Wcod Street Park 6 ,000 (6 ,0001* 11<0�.- _ West Clinton St . Impr,-Vt-meats ..0 ,000 10 ,000 Dryden/Maplo on 2 , 500 (2 , 5001 -0- Hudson Street Impr.ovr ,lie,tts 53. 1,100 5 , 000 Albany St. Bric:ge Deck Repair 16 , 00 16 , 500 k . - 3- April 13, 197 r . 1978 INCREASE RECOMM. TENTATIVE OR 1978 BUDGET DECREASE BUDGET Pa-:king Lot E $ 30 ,000 $ (25 ,000) $ 5 ,000 South Hill Park 16 ,000 16 ,000 Circle Greenway 4 ,000 (4 ,000) -0- Columbia Annex 500 500 Fall Creek Improvements (10 ,000) * 50 ,000 40 ,000 TOTAL $573,500 $ (110 , 500) $463, 000 RESERVE ACCOUNTS Bridges $ 65 ,000 $ 65 ,000 Bus 10 ,000 10 ,000 Fire 12 ,500 $ 12 ,500 25 ,000 Heavy Equipment 30 ,000# (30 ,000) -0- TOTAL $117 , 500 $ (17 , 500) $100 , 000 GRAND TOTAL $6912000 $ (128,000) $563,000 w*CDC Funds #Mayor' s Recom. after Tentative Budget a South Hill Park By Alderman Gutenberger: Seconded by Alderman Nichols WHEREAS, this Common Council adopted a resolution on April S , 1978 referring a request for $1 ,000 for design of South Hill Park to the Capital Improve- ments Review Committee for recommendation , and WHEREAS, due to the funding cycle of the Bureau of Outdoor Recreation, it is necessary to have the City' s application for funds submitted within the next two weeks ; NOW, THEREFORE, BE IT RESOLVED: 1. That the Capital Improvements Review Committee be requested to meet as soon as possible in order to meet this deadline. 2. That the Budget $ Administration Committee is hereby granted power to act on the request upon receipt of the recommendation from the Capital Improvements Review Committee . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Bids in Excess of Budgeted Amount By Alderman Gutenberger: Seconded by Alderman Slattery WHEREAS, on April 10 , 1978 , the Board of Public Works received bids on a grader, garbage packer and a concrete saw, and WHEREAS, all bids were in excess of the budgeted amount for said items ; NOW, THEREFORE , BE IT RESOLVED, That $5 ,448 be transferred from A1990 ! Contingent Account as follows : 1. $4 , 844 to AS110A Maintenance of Roads-Highways - 240 Street Equipment. 2. $124 to A5110A M-4 -en.ance of Roads-Highways - 250 Other Equipment . 3: $480 to A8160 Refuse & Garbage - 250 Other Equipment. Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (3) - Nichols , Gutenberger , Saccucci Nays (6) - Dennis , Bordoni , Meyer , Holman , Eoothroyd. Slattery Absent (1) - Boronkay 'otion Defeated J -4- April 13, 1978 Resolution By Alderman Boothroyd, Seconded by Alderman Bord Works WHEREAS, on April 10 , 1978 , the Board of Public Works received bids on a grader , garbage packer and a concrete saw, and WHEREAS, all bids were in excess of the budgeted amount for said itmes ; NOW, THEREFORE , BE IT RESOLVED, That $4 , 844 be transferred from A1990 Contingent Account to A5110A Maintenance of Roads-Highways - 240 Street Equipment; BE IT FURTHER RESOLVED, That the $124 (concrete saw) and $480 (garbage packer) be taken from the Department of Public Works Operating Budget. A vote on the resolution resulted as follows : ;, , Ayes (8) - Nichols , Saccucci , Dennis , Bordoni , Meyer, Holman, Boothroyd, Slattery Nay (1) - Gutenberger Absent (1) - Boronkay Carried PLANNING AND DEVELOPMENT COMMITTEE: Sheldon Road Water Tank Property By Alderman Dennis : Seconded by Alderman Boothroyd RESOLVED, That the Mayor be and hereby is authorized and directed to execute a deed, subject to the approval of the City Attorney, 'for the Sheldon Road Water Tank Property to the Town of Ithaca, The Town of Dryden, The Town of Lansing, and The Village of Cayuga Heights , acting through the Southern Cayuga Lake Intermunicipal Water Commission. This is to carry out one of the provisions of an agreement between the City and Bolton Point which has already been approved by c e Board of Public Works and executed. The Board of Public Works yesterday recommended this action to the Common Council . The conveyance must take place before May 1 , 1978 to avoid Cayuga Heights taxes on this property. 00W Carried Unanimously Urban Development Action Grant Planning and Development Director Van Cort informed the Council that he had just submitted a pre-application to Housing and Urban Development for a grant in the amount of $600 ,000 to assist the Center Ithaca Project. This is not a matching grant . He has asked for $2001 ,000 to be used for public improvements around the project including city right-of-way, service area, Home Dairy area, right-of-way between the project and existing buildings . The remainder, or $400 ,000 , has been requested to be given to the developer on a second mortgage . He further recommended that , if the city receives the money and it is used for a second mortgage on the property, it will be paid back to the city and that it then be used for interest subsidies -to low income people for housing improvements . Mr. Iran Cort said a public hearing will be held very soon. New York State Conference of Mayors Mayor Conley informed the Council that in an effort to find wars tc) help cities reduce operating costs , one of the things which will be coming up at the Conference on Wednesday of the Conference is the display by the compu--Or manufacturers of their equipment . Mayor Conley said that Controller Daley and Asst . Controller Spano have already taken a look at the application for a city-owned computer and what we could do with it , as a result of Director Van Cort and Comm. Hoard asking for a computer to put housing information into. The Mayor said he hoped the aldermen will pay attentio to this display; also he is planning to have some staff members :attend to look at the display. . Mayor Conley also informed ul e Council that �I.erP will Le a lot; of dis- cussion of some very controversial legislation that the Conference of Mayors are going to try to support in future legislative sessions- f or example , the combination of police and fire departments . These programs are designed to make substantial savings to municipalities . ADJOURNMENT: On a motion the meeting adjourned at 10 : 00 p.m. -- Jo et�ii A. Ruritl� �� e t City Clerk Edwrcl J. n ey, May iy 1 1 J cc al Meeting April 19 , -ayur- Conley A70intn 18) - Boothroyd , Bordoni , Borunkay , Dennis , Gutenberger , Nichols , Saccucci , Slattery "ESPNT : TICerven (2) - Holman , Meyer !HQRS TRESENT : ity Controller - Daley 'ity Clerk - Rundle 110ij IONS TO THE AGENDA : Planning and Development Committee llklerj-'an Dennis requested that one item be added to the agenda an application from Swartout and Ferris Bus Service , No Council rember Q4: ected . 'Upplication from Swartout Q Ferris Bus Service 0JBy Alderman Dennis : Seconded-by-Alderman Gute-nberger y IIJRISOLVED, That the Common Council hold a Public Hearing on May 3 , 1978 , <rat 7 : 30 p . m. in the Common Council Chambers , 108 E . Green Street , Ithaca , • ew York to oDsider an application from Snanout and Ferris Bus Service for a consent to operate a motor bus line between the Village of Owego , N . Y . and the City of Ithaca , N . Y . Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE : pax-.anticipation Notes 5y Alderman GutenbergeT : Seconded by Alderman Slattery :ESOLVED , That pursuant to Section 24 of Article 2 of the Local Finance -aw of the State of New York , the City Controller is hereby authorized to orrow money in the name of and on Qe credit of the City of Ithaca. for L: 7er: CKY exrenses norm2ily paid cut of the regular tax lely and for 74, j ". ,,,ases foi which such tares are or may be levied by the issuance of a 'negotiable Note or Notes in an ampunt not to exceed 5700 , 000 , and that > Ach Note or Notes shall be issued in amounts as may be needed in anticiia- tion of the collection of City taxes for the Current fiscal year of 1978' with local banks or with Water , Sewer , Revenue Sharing or Capital Funds of the City of Ithaca , and BE IT FURTHER RESOLVED , That the full faith and Credit of the City of Ithaca hereby are pledged for the payment of retirement of such temporary tax loans before the close of said fiscal year and out of taxes to be received for the current fiscal year . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously IPJOURNMENT : On awotion the meeting adjcurned at 7 : 42 p . m. 000- To - Mc h A . Rundle , City Clerk ! Mld .1 , Conley , ya si COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7 : 30 P.M. April 26 , 1978. PRESENT: Major - Conley Aldermen (8) - Slattery, Bordoni , Boronkay, Dennis , Guter,berg'er, Holman , Meyer, Nichols ABSENT : Alderman (2) - Boothroyd, Saccucci OTHERS PRESENT : City Controller - Daley Director, Plan. Development - Van Cort City Clerk - k ! e PUBLIC HEARIN(= i'AXICAB ORDINANCE REVISIONS Resolution to !_ ?n. Public Hearing By Alderman Slattery: Seconded by Alderman Boronkay T-I RESOLVED, the Public Hearing to consider revisions of the Taxicab Ordinance , including Schedule of Fees , be opened. N No one appeared to speak to the hearing. Carried Unanimously W Resolutior. to Close Public Hearing Q By Alderman Gutenberger : Seconded by Alderman Slattery Q RESOLVED, the Public Hearing to consider revisions of the Taxicab Ordinance , including Schedule of Fees , be closed. Carried Unanimously Resolution By Alderman Nichols : Seconded by Alderman Slattery ORDINANCE ivO. 78- 5 WHEREAS, on March 20 , 1978 , representatives of the principal taxicab owners operating in the City of Ithaca appeared before the Charter and Ordinance Committee with financial data showing strong justification for an increase in the rates established by the Common Council on April 3 , 1974 , and WHEREAS , members of the public have appeared before the Charter and Ordi- nance Committee with complaints concerning inadequate and insufficient taxicab service in the City of Ithaca, and WHEREAS , the Chief of the Ithaca Police Department has suggested several additions and/or revisions to be incorporated in Section 23. 32 of the City of Ithaca Municipal Code ("Licensing of Taxicabs") ; NOW, THEREFORE , BE IT ENACTED, That the Common Council does hereby grant the following temporary rate increases for the balance of the calendar year 1978 , to become effective immediately upon legal publication after the passage of this ordinance : Fares within. a single zone to increase from $1 . 00 to $1 . 50 Fares crossing tiro , three , or four zones to increase from $1 , 35 to $2 . 0C Fares crossing five or six zones to increase from $1 . 70 to $2 . 50 AND THAT TIiL SCHiDULE REFERRED TO IN Section 23. 42 of the Ithaca City &,)de be amended accordingly. Discussion followed on the floor. A vote on t)e resulted as follows : Ayes (7) - Bordoni , Holman , Nichols , Meyer, Dennis , Boronkay, Slattery Nay (l. ) Gutenberge - Absent. (2) - '�Ioothroyd, Saccucci Carried Resolution B•T Ai derman Nichols : Secc-dc b}• Alderman SluttLry RESOLVED, That the Charter and Ordinance Committee will. appoint an advisory committee on ta,:icab service in the City of Ithaca , cores st ns, of five _ -2- April 26 , 1978 82 persons , who will advise the Charter and Ordinance Committee concerning she continuation of the temporary rate increases , the suggested changes in the Taxicah Ordinance and' the reed for ary futu�e rate increases that may be requested. Discussion followed on the floor Amendment to Resolution By Alderman Meyer: Seconded by Alderman Gutenberger RESOLVED, That the following be added : The first interim ;report of the Taxicab Committee shall be due on September 1 , 1978. Carried Unanimously Original Resolution As Amended RESOLVED, -That during the month of May 1978 the Charter and Ordinance Committee will appoint an advisory committee on taxicab service in the City of Ithaca , consisting of five persons , who will adv* ,e the Charter and Ordinance Committee concerning the continuation of th:: temporary rate increases , the suggested changes in the Taxicab Ordinance and the need for any future rate increases that may be requested. The first interim repot of the Taxicab Committee shall be due on September 1 , 1978 . A vote on the amended resolution resulted as follows ; Ayes (7) - Bordoni , Holman, Nichols , Meyer, Dennis , Boronkay, Slattery Nay (1) - Gutenberger Absent (2) - Booth royd, Saccucci Carried ADJOURNMENT : (�r a motion the meeting adjourned at 8 : 48 p .m. 0 all n Jseon A. Rundle , City Clerk E-dward T. C nley, Mc or COMMON COUNCIL PROCEEDINGS 83 CITY OF ITHACA, NEW YORK Regular Meeting 7 : 30 P.M. May 3, 1978 PRESENT : Mayor - Conley Aldermen (10) - Boothroyd , Bordoni , Boronkay , Dennis , Gutenberger , Holman , Meyer , Nichols , Succucci , Slattery OTHERS PRESENT : City Controller - Daley City Attorney - Shapiro Youth Bureau Director - Cutia Director of Planning Development - Van Cort City Engineer - Cox Chief of Police - Herson City Clerk - Rundle PLEDGE OF ALLEGIANCE : Mayor Conley led all present in the Pledge of Allegiance to the American flag. MINUTES : By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED , That the approval of the Minutes of the April- S , April 13 and W April 19 , 1978 meetings be approved. as recorded by the City Clerk. Carried Unanimously Q SPECIAL ORDER OF BUSINESS : - Public Hearing - Application from Swarthout and Ferris Bus Service for a consent to operate a. motor bus service line between the Village of 0�,,T,'oo , N. Y. and the City o f Ithaca , N. Y. -----__ Resolution to Open Public Hearing By Alderman Bordoni : Seconded by Alderman Boronkay RESOLVED, That the public hearing to consider the application from Swarthout and Ferris Bus Corp . for a consent to operate a motor bus service line between the Village of Owego , N. Y. and the City of Ithaca , N. Y. be opened. Carried Unanimously CHARTER & ORDINANCE COMMITTEE : Request of Swarthout and Ferris to assume the bus franchise for service between _1thaca and Owego By Alderman econded by Alderman Boothroyd WHEREAS, Robert Swarthout and Spencer D. Ferris , partners , doing business as Swarthout and Ferris Bus Corporation , have filed application with the New York State Department of Transportation to assume the franchise to provide bus service between Ithaca and Owego , and WHEREAS , a public hearing was held by the Common Council in accordance with the New York State Transportation Code at 7 : 30 P.M. on May 3, 1978 , in the Common Council Chambers after legal advertisement as provided by law; NOh , THEREFORE , BE IT RESOLVED , That the Common Council does hereby grant approval for the transfer of the bus franchise to the Swarthout and Ferris Bus Corporation , and BE IT FURTHER RESOLVED, That the bus route inside the City of Ithaca is approved as outlined in the application by the Si�,arthout and Ferris Bus Corporation , without restrictions as to pickup and discharge within the corporate city limits . Atty. David Tyler addressed the Council , saying his office assisted in filing with the New York State Department of Transportation for the temporary permit under which Swarthout and Ferris Bus Corp , is presently operating bec:tieen Ithaca and Owego . He said that pursua,lt to law it is required ti--at consent of the municipality through which this service passes be obtainer.. Mr. Robert Swarthout addressed the Council- , describing the route of the buses through city streets in and out of the city and to the Village of 84 May 3, 1978 Owego where the service will interline with the National Trailway System so that when everything is finalized it will provide an additional service in Ithaca. He said the Beam Travel Center will be the local office and ticket agent . Mr. Ralph Jordan, Executive Director of Tompkins County Chamber of Commerce , spoke in favor of granting the request of Swarthout and Ferris Bus Corp. Resolution to Close Public Hearing By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the public hearing to consider the application from Swarthout and Ferris Bus Corp . for a consent to operate a motor bus .- service line between the Village of Owego , N.Y. and the City of Ithaca, N.Y. be closed. Carried Unanim.;asly Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Public Hearing - Revenue Sharing Funds as they relate to the Budget resolution to Open Public Hearing_ By Alderman 3oronkay: Seconded by Alderman Boothroyd RESOLVED, That the public hearing - Revenue Sharing Funds as they relate to the Budget , be opened. Carried Unanimously City Controller Daley explained the revenue sharing funds as they relate to the budget as follows : 1978 REVENUE SHARING APPROPRIATIONS Employee Benefits $509 , 998 Center for the Arts 34 , 385 General Government 15 , 137 ' Senior Citizens $2 ,995 Vol . Action Center 7 ,142 Gadabout 5 ,000 TOTAL $559 , 520 Mr. Bruce Watkins , Director of the Information Referral Service of the Visually Handicapped, a program sponsored by the Voluntary Action Center in Ithaca, addressed the Council , describing the work done by the program, which includes publicity. He expressed appreciation to the Finance Committee of Council and to the Common Council as a whole for awarding the revenue sharing Bands to finance this program. Resolution to Close Public Hearin o, Al erman Slattery : Seco1- owed by 'Alderman Sacc��cci RESOLVED, That the public hearing - Revenue Sharing Funds as they relate to the Budget , be closed. Carried Unanimously Filling Vacancy - Tompkins County Board of Representatives (District No . 4) .M-ayor Conley entertained nominations from the floor to fill the vacancy By Alderman Nichols : Seconced by Alderman Meyer RESOLVED, That the name of John Marcham be placed in nomination to fill the vacancy on the Tompkins County Board of Representatives , District No. 4 (Ward 4) . By Alderman Bo-onkay: Seconded by Alderman Holman RESOLVED , That the name of Carmen Canestaro , 201 Linn Street , be placed in nomination to fill the vacancy on the Tompkins County Board of Repre- sentatives , District No . 4 (Ward 4) . M; -3- May 3, 1978 85 Resolution to Close Nominations By Alderman Slattery: Seconded by Alderman Bordoni RESOLVED , That the nominations be closed. Carried Unanimously A vote in -favor of John Marcham, as nominated, resulted as follows : (7) Bordoni , Boothroyd, Nichols , Meyer, Dennis , Gutenberger, Slattery A vote in favor of Carmen Canestaro , as nominated, resulted as follows : (3) Holman, Boronkay, Saccucci Mayor Conley declared John Marcham duly elected to represent the city on the Tompkins "ounty Board of Representatives , District No . 4 (Ward 4) , for a term of office to expire on December 31 , 1978. City Clerk Rundle administered the Oath of Office to Mr. Marcham. ADDITIONS TO THE AGENDA: Human Services Committee Alderman Bordoni requested the addition of one item, Probation Employment W Program, to the agenda. Q No Council member objected. Q Planning and Development Committee Alderman Dennis requested the addition of two items , Hillview Park- Extension of Lease Agreement ; and Section 8 Existing Housing Program, to the agenda. No Council member objected. Charter and Ordinance Committee Alderman Nichols requested the addition of one item, Affirmative Action, to the agenda. No Council member objected. *See below. COMMUNICATIONS : Letter from Marilyn Williams requesting stop sign at Aurora and Tompkins St. By Alderman Bordoni : Seconded by Alderman Gutenberger RESOLVED, That the request from Marilyn Williams for a stop sign at the corner of Aurora and Tompkins Streets be referred to the Board of Public Works for review. Carried Unanimously COMMUNICATIONS FROM THE MAYOR: Ithaca Festival Mayor Conley presented a memo from Sorrel Fisher to him re . permission from Council and/or the Board of Public Works for the Festival on June 2- 4 , 1978 : "We anticipate some of the following needs 1. Preparation of the site starting Monday, May 22 . This would include leveling the site (gravel and raking) Constructing performing platforms Dismantling some of existing structure and adding other Erecting scaffolding Electrical work Rigging ropes and/or cables etc. 2. Bringing portable bleachers onto site from Cass Park Bringing picnic tables onto site (all 1 or 2 days before the event) 3. Attaching banners and other decorations from lamp posts , roof tops , etc. *Budget and Administration Committee Alderman Gutenberger requested the addition of four items to the agenda: Union employee benefits ; Personnel Director position - possible resolu- tions - (to be heard in Executive Session) ; Capital improvemcnts Review Commit'-`ee report ; and Capital Projects schedule . No Council member objected. 86 -4- May 3, 1978 4. Permission to park cars , vans , trucks , involved in the Festival production, under the Green Street Parking 5 . The turning off of some lights on the parking ramp to allow for good theater lighting during the evening performances on Friday and Saturday evenings . The turning on of the lights again by 11 : 00 p .m. after the events are over 6 . Cars and vans on the dirt area connected with the Farmers Market on Saturday morning 7. Police protection during the event 8. Crowd and traffic control" Resolution By Alderman Boothroyd: Seconded by Alderman Bordoni RESOLVED, The Council supports the Ithaca Festival , and the request of Ms . Fisher for services from the city. A vote on the resolution resulted as follows : Ayes (8) - Bordoni , Boothroyd, Nichols , Dennis , Holman, Boronkay, Slattery, Saccucci Nay (1) - Gutenberger Abstention (1) - Meyer Carried Mayor Conley commended the Budget and Administration Committee and staff for the effort they have made to prepare the 1978 budget. MAYOR' S APPOINTMENTS : Mayor Council ma e the following appointments which were confirmed by the Council : Shade Tree Committee By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That Penny Cook be appointed as member of the Shade Tree Committee to replace Glenn Kline who is leaving the city. Carried Unanimously Tompkins County Youth Bureau Board By Alderman Boothroyd: Secon e y Alderman Boronkay RESOLVED, That Susan Sterling , 306 N. Aurora Street , be appointed to the Tompkins County YouthvBeard to fill a vacancy on that Board. Bureau Carried Unanimously Planning and DFveloprae_nt Board By Alderman Bordoni : Seconded by Alderman Slattery RESOLVED, That Stuart Stcin, 1018 E. State Street , be appointed to a seat on the Planning and Development Board, as its chairman , to fill the vacancy created by the resignation of LoGrace Denson ; and that Clarence Cleveland, 101 Pier Road, be appointed to the Planning and Development Board to fill the vacancy created by the resignation of Barbara Whispell , representative from the Board of Public Works , both appointees to fill terms which expire December 31 , 1978. Carried Unanimously CITY ATTORNEY' S REPORT : City Attorney Shapiro reported that he wished to discuss with Council further, in Executive Session , the Elmira Road curb assessments ; he informed Council that he is following through on an injunction the city has against a property owner whose property is not up to code ; and regarding the Corson Lot on Dryden Road, he has prepared a quit-claim deed which New York State Urban Development Corporation has agreed to sign. IIARTER AND ORDINANCE COMMITTEE: i'Y s Ordinance By Alderman Nichols : Seconded t. Alderman Dennis ORDIINANCE NO . 78-17 AN ORDINANCE XINIENDTNG C111AIITI:R 68 ENTITLED "NOISE" OF Till-, CITY OF ITHACA IMUNICIPAL CODE : - 5- May 3, 1978 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca , New York, That Chapter 68 of the Municipal Code is hereby revoked and a new Chapter 68 is substituted as follows : CHAPTER 68 NOISE ARTICLE I GENERAL PROVISIONS 9 68. 01 Title This Chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance . " S 68. 02 Purpose The purpose of this Chapter is to preserve the public he..lth, peace , welfare , and good order by suppressing the making , creation , or mainten- N ance of excessive , unnecessary, unnatural or unusually loud noises which W are prolonged, unusual and. unnatural in their time , place , and use and which are detrimental to the environment . 8 68. 03 Definitions Unless the context otherwise clearly indicates , the words and phrases used in this Chapter are defined as follows : 1 . "Emergency work" shall mean work made necessary to restore property to a safe condition following a public calamity, or work necessary to protect persons or property from an imminent exposure to danger. 2 . "Motor Vehicles" shall include , but not be limited to , automobiles, trucks , buses , mopeds , minibikes , and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York as it may be amended from time to time . 3. "Sound-Amplifying Equipment" shall mean any machine or device for the amplification of the human voice , instrumental music, or any other sound. Sound-amplifying equipment shall not include standard automobile radios or tape recorders when used and heard only by the occupants of the vehicle in which such automobile radio or tape recorder is installed. As used in this chapter , sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes . 4 . "Decibel" shall mean a unit for expressing the ratio of two amounts of electric or acoustic power equal to ten times the common logarithm of the power ratio . It is abbreviated db/A. Decibels shall be measured on standard sound-level meters acceptable to the Ithaca Police Department . S . "Daytime hours" shall mean the hours between seven A.M. and ten P.M. local time on Sunday through Thursday, and between seven A.M. and twelve o ' clock midnight local time on Friday and Saturday. 6. "Nightti,ae hours" shall mean the hours between ten P.M. local time on Sunday Lhr.ough Thursday and seven A.M. of the following day, and between twelve o ' clock midnight local time on Friday and Saturday and seven A.M. of the sc? lowing day. ARTICLE II SPECIAL NOISE SOURCES 8 68 . 21 Radios , Television sets , and similar devices for amplifying sound It shall. be unlawful. for any person within any residential , University or public zone as defined in the Zoning Ordinance of the City of Ithaca to use or operate any radio receiving set , musical instrument , pho nograph, 88 -6- May 3, 1978 television set , or other machine or device for the producing or repro- ducing of sound daring the nighttime hours as defined in this ordinance so that the sound emitted shall be greater than fifty-five (SS) decibels as measured at the property line of the emitting source . During the daytime hours it shall be unlawful for any person to operate or use any radio receiving set , musical instrument , phonograph, television set or other machine or device for the producing or reproducing of sound at a level greater than sixty decibels as measured at the property line of the emitting source . The corresponding sound levels permitted in the commerciai (business and marine) zones shall be fifty-five (55) decibels ,' nighttime and sixty- five (65) decibels daytime . In the industrial zones the sound levels permitted shall be fifty-five nighttime and seventy-fivf decibels daytime , as indicated in the following chart : Daytime Nighttime 7 A.M. -10 P.M. 10 P.M. - 7 A.M. Sun. , Mon. , Tues . , Sun. , Mon. , Tues . , Wed. .. Thurs . Wed. , Thurs . 7 A.M. -12 midnight 12 Midnight- 7 A.M. Fri . , Sat . Fri . Sat . Residential , Universi- ty, Public zones 60 db . SS db . Commercial , Marine zones 65 db . 55 db . Industrial zones 75 db . 55 db . 9 68 . 22 Hawkers and Peddlers It shall be unlawful for any person to sell anything by outcry within any area of -the City zoned for residential uses . The provisions of this section shall not be construed to prohibit the selling by outcry of ARM merchandise , food, and beverages at licensed sporting events , parades , fairs , circuses , and other similar licensed public entertainment events . g 68. 23 Drums , use restricted It shall be unlawful for any person to use any drum or other instru- ment or device of any kind for the purpose of attracting attention by the creation of noise within the City. This section shall not apply to a participant in a school band or duly authorized parade or to anyone who has been otherwise duly authorized to engage in such conduct . 9 68 . 24 Machinery , equipment , fans , and air conditioning Except by written permit from the Superintendent of Public Works or his designee , it shall be unlawful for any person to operate any machinery, equipment , pump , fan, air-conditioning apparatus , or similar mechanical device in any manner so as to exceed the noise levels permitted in the residential , commercial , or industrial zone where the noise is created during either the nighttime or daytime hours as indicated in the chart in 5 68. 21 . S 68 . 25 Construction of buildings and projects During the nighttime hours as defined in Section 68 . 03 herein, it shall be unlawful for any person within a residential zone , or within a radius of five hundred (500) feet of a residential zone , to operate equipment o' perform any outside construction or repair work except that of an emergency nature on buildings , structures , or projccis , or to operate any pile driver , steam shovel , pneumatic hammer, derrick, steam or electric hoist , or other construction equipment except to perform .,nergency work. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and the penalties that may result if the violation continues . After no more than fifteen minutes have elapsed the authorized official shall issue a citation if the violation continues . - 7- May 3, 1978 89 8 68. 26 Vehicle repairs It shall be unlawful for any person within any residential ,area of the City to repair, rebuild, or test any moto.- vehicle so as to create noise during the nighttime hours as defined in Section 68. 03 herein. 9 68. 27 Schools , hospitals , and churches It shall be unlawful for any person to create any noise on any street , sidewalk, or public place adjacent to any school , institution of learning , or church while the same is in use ; or adjacent to any hospital or health-related facility. which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital or health-related facility , provided conspicuous signs are displa-ed in such street , sidewalk , or public place indicating the presence of a school , church , hospital , or health- related facility. 9 68 . 28 Additional regulations It shall be unlawful for any person to make or continue , or cause to be made or continued , any loud, unnecessary or unusual noise or sound that shall continue for more than three cumulative minutes in any sixty-minute Wperiod and which shall exceed the permitted noise levels specified in S 68 . 21 of this ordinance . Any designated official of the City of Ithaca Q may issue a verbal warning that the violation exists and the penalties Q that may ensue . If the violation continues the authorized official shall. issue a citation after no more than fifteen minutes . ARTICLE III VIOLATION AND PENALTY 8 68 . 30 Violation Any sound originating from a stationary property location which is measured at the property line from which the sound is emanating and found to be in excess of the levels permitted for the zone as specified in this ordinance shall be considered to be a violation of this ordinance . Any sound originating from a transient noise source and measured on a standard meter at a distance of fifty (SO) feet from the emitting source which is found to be in excess of the noise levels specified in this ordinance or of the New York State Vehicle and Traffic Law shall be considered to be a violation of this ordinance . 8 68. 31 Penalty Any person who shall violate any provision of this Chapter shall be punishable as provided in Section 1 . 10 of this Code . ARTICLE IV SEVERABILITY If any provision of this ordinance or the application thereof to any person or circumstance is adjudged invalid by a court of competent jurisdiction , such judgment shall not affect or impair the validity of the other provisions of the ordinance or the application thereof to other persons and circumstances . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Historic designation for the Strand Theatre By Alderman Nichols : Seconded by Alderman Holman WHEREAS, on 10 April 1.078" the Ciiy of Itliaca Landmarks Preservation Commission voted to designate the Strand Theatre , 310 East State Street , as a City "landmark, and O -8- May 3, 1978 WHEREAS , a recommendation from the Planning and Development Board is required by the Landmarks Preservation Ordinance ; NOW, THEREFORE, BE IT RESOLVED, That the Common Council does request a recommendation from the City of Ithaca Board of Planning and Development concerning landmark designation for the Strand Theatre , and BE IT FURTHER RESOLVED, That the Board of Planning and Development is requested to provide such recommendation during the month of May 1978 , so that action may be taken on this matter at the June meeting of the Common Council . Carried Unanimously Guidelines for religious solicitations in the City of Ithaca Ordinance amending Chapter 17 of the City of Ithaca Municipal Code ("Peddlers and Solicitors") to establish guidelines for public solici- tations by religious groups By Alderman Nichols : Seconded by Alderman Holman ORDINANCE NO. -7-&� 78-6 q�__ AN ORDINANCE AMENDING CHAPTER 17 ENTITLED "PEDDLER AND SOLICITORS" OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows : THAT CHAPTER 17 ENTITLED "PEDDLERS AND SOLICITORS" OF THE CITY OF ITHACA, NEW YORK MUNICIPAL CODE IS AMENDED TO ADD THE FOLLOWING SECTIONS: SECTION 1713 REGULATIONS APPLICABLE TO RELIGIOUS SOLICITATION PERMITS 1 . All religious solicitations within the City of Ithaca corporate limits shall be subject to the applicable codes and ordinances of the City of Ithaca as well as these regulations . 2 . All such solicitations shall take place only during the daylight hours from 9 : 00 a.m. to 7 : 00 p .m. 3. Advance notice shall be given to the Mayor in writing at least seventy-two (72) hours and not more than one month prior to the commencement of such solicitations including the following informa- tion : a) Full name , present address , and date of birth of each solicitor or group leader b) Name , present address , date of birth , and phone number of person in charge of solicitations c) Times , dates and areas of proposed solicitations 4 . All solicitors shall refrain from over-aggressiveness , rudeness and over-bearance and shall conduct themselves in a reasonable manner. S . Breach of any of these regulations or any City ordinance ,vi.th regard to solicitations shall be grounds for immediate rcvocat-ion of permission to solicit . 6 . In the case that a. nropc)sod solicitor sball be foi-ind to be unfit due to a prior conviction of a crime or due to a prior breach of these regulations or any City ordinance ivi_th regard to solicitations , permission for such person to solicit may be denied. 7. Each solicitor must have on his or her perso7, identification and the current permit granted by the Ithaca Police Department . This ordinance shall take effect immediately and in accordance with law i on publication of a notice as provided in Sectica 3. 11 (b) of the City of Ithaca Municipal. Code . A vote on the resolution resulted as follows : ",yes (9) - Bootliroyd , Boy-doni , Boronkay, Dennis , Gutenberger, Holman ," ic, lois , Sac•cucci , Slattery Carried -9- May 3 , 1.978 91 Affirmative Action Iy Alderman Nichols : Seconded by Alderman Holman WHEREAS , the City is required by law to conform with various nondiscrimi- natory statutes , bot'i federal and state , and WHEREAS , the City has previously demonstrated its commitment to such policies by various official actions , including establishment of a City Affirmative Action Program by Common Council on September 4 , 1974 , and WHEREAS, the City believes it is in the public interest to insure con- formity with these statutes and its affirmative action program, BE IT THEREFORE RESOLVED , That the City of Ithaca reaffirms its commi.t- raent to these goals and its commitment to the Affir�rative Action pIan adopted by this Council September 4 , 1974 , and BE IT FURTHER RESOLVED , That all City department heads be and hereby are directed to evaluate their performance in these areas and prepare a writtcn report to Common Council on or before May 15 , 1978 , and to con.tin ;e to cooperate in every ti-;ay possible with affirmative action implementation �. efforts in the City. Carried Unanimously LJ Mayor Conley directed City Clerk Rundle to mail copies of the resolution to all Departiraent Heads . Change in meeting date Alderman Nichol s reported. that she wished to attend a gathering of the Child and Family Services on Monday, May 8 , 1978 ; therefore the Charter and Ordinance Comm-Luee will meet on May 15 and 29 , 1978 at 8 : 00 p .m. PLANNING AND DEVELOPMENT COMMITTEE : Community Development Program - Small Cities Application By Alderman Dennis : Seconded by Alderman Saccucci. WHEREAS , the Community Development Program is helping to preserve its residential neighborhoods and upgrading its housing stock , and WHEREAS , further federal aid may be made available to the City under the Small Cities amendment to the Community Development Act , and WHEREAS , the Ithaca Urban Renewal Agency and the Community Advisory Committee have recommended that the City apply for a Small Cities Grant' ; NOW, THEREFORE , BE IT RESOLVED, That the Mayor is hereby authorized to apply to the Department of Housing and Urban Development for a three-year comprehensive Small Cities Grant . Carried Unanimously Community Development Program - Urban Development Action Grant (UDAG) Application i! By Al erman Dennis : Seconded by Alderman Saccucci WHEREAS , the Housing and Community Development Act of 1974 as amended in 1977 provides federal assistance under the Urban Development Action Grant program for certain projects which can be proven to show a high degree of public and private cooperation , which provide or retain -lobs , and whit i combat economic or physical distress facing cities , and WHERE.NS , the Ithaca Center Project is such a project , and WHEREAS , the Ithaca Urban Renewal Agency and the Community Advisory Commit.-i. o have unani.m.usly recommended that the City apply for an Urban Development Action Grant ; NOW, THEREFORE, BE IT RESOLVED , That the Common Council does hereby authorize the Mayor to apply for an Urban Development Action Crant for the Ithaca Center project. Carried Unanimously 92 -10- May 3, 1978 Hillview Park Ly Alderman Dennis : Seconded by Alderman Holman WIIEREAS , the City' s application is still pending for purchase of the South Hill land to be known as Hil.lview Park through the New York State Neighborhood Park Land Acquisition Program, and WHEREAS , the lease agreement between the City and the owner executed on August 25 , 1977 will expire on May 25 , 1978 ; NOt4r, THEREFORE, BE IT RESOLVED , That the Mayor be and hereby is authoriz to execute an extension of the lease agreement for an indefinite period of time , subject to termination by either party upon thirty (30) days written notice . Carried Unanimously Section 8 Existing Housing By Alderman Dennis : Seconded by Alderman Saccucci WHEREAS , the City of Ithaca has previously applied for and received 50 units of Section 8 existing housing assistance under the Housing and Community Development Act of 1974 as amended, and WHEREAS , the Ithaca Housing Authority has administered this program at no cost to the City Government , and WHEREAS , this program has given a means for providing rental subsidy to low- income persons , and WHEREAS, the Ithaca Housing Authority has received an additional 50 units and is now applying under a special agreement between the Ithaca Neighbor- hood Housing Services and HUD for an additional 20 units to be used primarily in the 1NHS target area; THEREFORE, BE IT RESOLVED, That this Common Council does support and approve the Ithaca Housing Authority' s application for the additional 20 units of Section 8 Existing Housing Program units . Carried Unanimously iUMIAN SERVICES C01,014ITTEE : Probation Employment Program by Alderman Rnrdoni : Seconded by Alderman Saccucci WHEREAS, the City of Ithaca/Youth Bureau desires to participate in an ei;lployment program for youth on probation as authorized by Resolution of December 7 , 1977 , and WHEREAS, the New York State Division for Youth has approved application for $19 , 446 for such a program under Local Assistance Counter-cyclical Empl.oyment Program, and I1'JIEREAS, no local matching funds are required for said program ; `?C+V, THEREFORE , BE IT RESOLVED, upon recommen.da ::ion of the. Iumon Services I- 711tFcc of the itll:?Cci �'ollmOil C ii'T'tC:�l , Tha.t� t 4ie i�i.'iyor � e �:.nd tic hereby is authorized and directed to execute a contract on behalf of the City of Ithaca/Youth Bureau with the Tompkins Counf-y Probation Dep -rtment , a11d the New York State Division for Youth for said pro6at. i_on. e?ilployment frogr.am, Carried Dnani.ously Co1,1ror Council r c;-c s s e d into Exn cu t il l c Session cat 9 : 00 P .M .- .. Ccn,n!on Council reconvened in Regular Session at 9 : 40 P.M. TKTFRGOVERN� ENTAT, RELATIONS COMMITTEE : I�f' C ontract: -� 1ClLJn C Ithaca l��dc rman Slattery r ;porteu tie ha(t not , ith Noel Desch, Supervisor of the Towil of Ithaca , acid flier reached agreement to renew the fire contract as oofore . Aidei•rlan Slattery also talked to City Attorney Shapiro who will (ir tft , it'W rOiiL rF.C�. fOr Slz;[1atUI'E` . ti - 11- May 3 , 19 `/8 9V3 ENVIRONMENTAL COMMISSION : A1t�crman Holman remin ed the Council that Sun Day will be celebrated on The Commons on Saturday , May 6 , 1978 ; she said several county groups are cooperating to bring someone from ,Vashin gton , Department of Energy, tc talk to the community about Nuclear Waste Disposal . CIRCLE GREENWAY COMMISSION : Ammerman Nichols reported that some work has taken place in Six Mile Gorge . The Commission is working on some activity to publicize the gorge during the Spring. GUDGET AND ADMINISTRATION COMMITTEE : 1coption of the 1978 City of Ithaca Budget By Alderman Gutenberger : Seconded by Alderman Saccucci WHEREAS this Common Council adopted the 1978 City Budget on DecembAr 28 , 1977 , and WHEREAS , the Budget & Administration Committee has reviewed departmental requests for budget revisions , and 7IVHEREAS, it is the consensus of this Common Council that the total appropriation as set forth in the City of Ithaca Budget adopted on December N28 , 1977 is not adequate for the operation of the City for 1973 , and WHEREAS , it is necessary to make the following adjustments : Q Increase General Fund Appropriations $122 , 026 Increase General Fund Revenues $13, 793 Change the Personnel Roster Change the Authorized Equipment List NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca Budget for 1978 in the total amount of $11 , 491 , 786 be approved, and :a. IT FURTHER RESOLVED, That the following sections of the 1978 City Budget approved: a. General Fund Appropriations b. Revenue Sharing Fund Appropriations C. Water Fund Appropriations d. Sewer Fund Appropriations e. Debt Retirement Schedule f. Capital Budget g. Schedule of Salaries & Positions - General Fund h. Schedule of Salaries & Positions - Water & Sewer Funds i. Authorized Equipment Purchases - General Fund j . Authorized Equipment Purchases - Water Fund k. Authorized Equipment Purchases - Server Fund City Controller Daley reviewed the changes in the final budget. Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (8) - Boothroyd, Bordoni , Dennis , Gutenberger, Meyer, Nichols , Saccucci , Slattery Nays (2) - Boronkay, Holman Carried ix Rate By Alderman Gutenberger: Seconded by Alderman Saccucci. WHEREAS, the 1978 City of Ithaca Budget , Estimates and Requisitions in- cluding Capital Budget , was approved, adopted and confirmed in the total sum of $11 ,491 , 786 on May 3, 1978 , in accordance with a detail budget statement on file in the Office of the City Controller, and WHEREAS , available and estimated revenues total 19 , 160 , 592 ieaving $2 , 331 , 194 as the amount to be raised by taxation , and WHEREAS , the Assessment Roll for 1978 , certified and filed by the Department of Tompkins Coulity , Has been footed and proved. and sho.ks th net taxable valuations of $250 ; 0;8 , 92 . 00 , and 94 -12- May 3, 1978 i,ihereas , under Charter provisions , the tax limit for City purposes amount to $4 ,672 , 792 for 1978 ; iN,OW. THEREFORE , BE IT RESOLVED , That the tax rate for general City purposes for the fiscal year 1978 be and the same hereby is established and fixed at $9 . 00 per $1 , 000 of taxable valuation as shown, certified and extended against the res;- ctive properties on the 1978 tax roll , thereby making a total tax as near as may be of $2 , 331 , 194 , and BE IT FURTHER RESOLVED, That ie amount of said tax levy be spread and mom levied and the same hereby i 'Levied upon and against the respective properties shown on said City 'Tax Roll in accordance with their respectill net taxable valuation at the rate of $9 . 00 per $1 , 000 of such taxable valuations , and BE IT FURTHER RESOLVED, That the City Chamberlain be and hereby is directed to extend and apportion the City tax as above , and that upon the completion of the extension of said Roll the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and City Clerk hereby are authorized and directed to sign and affix the Corporate Seal to such warrant and forthwith to file the same with said Roll with the City Chamberlain , and BE IT FURTHER RESOLVED , That upon the execution and filing of said warrant and Tax Roll. with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall thereby become tax liens , due , payable and. collectable in accordance with provisions of the City Charter and other laws applicable thereto , and BE IT FURTHER PESOLVED, That the total sum of $11- ,491 , 786 be appropriated in accordance with the Tax Budget as adopted, to the respective boards, offices and departments of the City for the purposes respectively set forth therein. The 1978 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation - Valuation of Land $ 83, 927 , 321 Valuation of Buildings 302 ,984 ,197 Total Value of Real Property $386 ,9112518 Less Value cf Exempt Property 139 , 847 , 175 (36 . 1.0) -247, 064 ' 343 Plus Value of Special Franchises 11 ,994 , 578 Net Value of Taxable Property j259 , 0581921 Carried Unanimously Enclosures with 1978 City Tax Bills ' Alderman Cutenberger : Seconded by Alderman Bordonl T,7EEREAS , the Youth Bureau has requested permission to enclose a Cass ,ark informational flyer with the 1978 City tax bills , and V11fIEREAS , it is necessary for Comunon Council to approve all .closures A_or tax bill" NOW, THEREFORE , BE IT RESOLVED , That this Common Council authorizes the Onclosure of the 1'oa�Ch Bureau' s Cass Park informational fly(;r ivith the i `.'78 City of lthaca tax bills . Carried 11nani mous I St-a_ndardi.zati.on cf Traffic Ecuipme�l= ;_. llde n_ ri i utenberger : Secon icd L)V i11,lerman Saccucci it'II? l?EAS , the C1. ty P o­i has Crouse- 11ln r"Ffic Sicn,Il con`_ro_p_ lerS and traffic equipm en.¢ in use. in 5) ' nt:'r, tctions throtiJlout tfte (_-.7_ty , and VV�IEREAS , labor C:USt.S fol- sorvIC.J_i'.i a S�: I,.iU iI`c� i_L4 ,i'. k ELliilpliitllt ojil I be less than for servicing disferent types ; : ', THEREFORE , BE ff R:C:St)LVI I) , 1'h.3z this Cor;11lon Council adopts Crouse- Li cic the s ;a.11U rCl l2"a=1_i:1 C_ i_is3t _LI 'LIid C;plitrl.illnr CC1ill.p.'(1Cilt t0 be htr3'cliased. and used by the City o ' It.haca iii the year 1978 , except on the Syst 'lll ^,:1 41` `' 3 :[1 'S o , and .l 2Iuthoril—es tilt' Board of i -13- May 3 , 1978 Public Works to advertise for bids , and to purchase traffic signal and controller equipment of this manufacturer in such quantity as the funds provided in the 1978 Budget will permit . Carried Unanimously Approval and Confirmation of Sidewalk Assessments By .Alderman Cutenberger : Seconded by Alderman Saccucci WHEREAS , The Board of Public Works levied sidewalk assessments on July 27e 1977 for the construction of sidewalks at 205 Eddy Street , 519 I State !f Street , 608 E . State Street and 709 E. State Street , and WHEREAS , a Public Hearing thereon was held by said Board on April. 12 , 1978 , at which time the Board tools action to finally approve said assessments and filed schedule thereof with the Council for confirmation and final approval ; NOW, THEREFORE , BE IT RESOLVED , That said assessments in the total amount of $1 , 813. 85 (schedule attached) be and the same hereby is approved and confirmed, and BE IT FUITHER RESOLVED , That the City Clerk be and hereby is directed to prepare a IA rrant on the City Chamberlain in accordance with such schedule for the collection of said assessments ; and that the Mayor and City Clerk be authorized to sign and execute such Warrant , whereupon all such assessments will become due and payable from the date of execution thereof ; and on all such assessments or portions thereof remaining unpaid after the expiration of six months from the date of such Warrant , the City Chamber- lain shall add and collect the percentage thereon at the rate of 5% per annum except and provided, however , that the City Chamberlain may allow persons to pay their assessment , if the aggregate amount exceeds $25 . 00 , in five equal installments with interest at 50 on or about June 1st each year, provided however , that any person desiring to pay by installments shall make application promptly in writing to the City Chamberlain ; and all properties having such assessments or portions thereof of installment payments in arrears , and remaining unpaid at the close of any City tax Collection period shall be included by the City Chamberlain in a subsequen. City Tax Sale held in November each year following such City tax collectio period; and such property shall be sold for any unpaid assessments or portions thereof_ or any unpaid installment payments , together with the outstanding balance of such installment payments , together with all interest , fees and penalties that may have accrued. Carried Unanimously Union Exclusions By Alderman Gut.enberger: Seconded by Alderman Boothroyd WHEREAS, Section 201 . 7 (a) of the Taylor Law establishes the definition of "public employee" for purposes of that statute , and WHEREAS, Section 201 . 7 (a) provides exceptions to such definition , which exceptions include any employee which serves in a managerial or confidential capacity as defined therein , and WHEREAS , the statute permits a public employer to make application to the Public Employment Relations Board in order to designate such positions as managerial or confidential , and WHEREAS, the following positions in the City of Ithaca are managerial or confidential as described in Section 201 . 7 (a) : Managerial Confidential Superintendent of Public Works Stenographer (Personnel Office Chief of Police Senior. Clerk (Personnel Office) Fire Chief Youth Bureau Director Controller Building Commissioner Director of Planning � Development City Attorney NOW, THEREFORE , BE IT RESOLVED, That the City of Ithaca petition the Publ. -1- -14- May 3, 1978 Employment Relations Board to designate the foregoing positions as m_-nagcri.al or confidential ,, and BE IT FURTHER RESOLVED, That the City Attorney prepare and file such application on behalf of the City. Discussion followed on the floor. Carried Unanimously Procedures for Federal Revenue Sharing Requests Alderman Gutenberger reviewed the following procedures which were adopted by Common Council November 2 , 1977 as the result of a joint meeting of the City of Ithaca and Tompkins County Intergovernmental Relations Committees on October 19 , 1977 ; 1 . The City will have a legal review of all requests before submission to the Human Services Coalition. 2 . The same dates and deadlines will be used by the City and County: July 1 - deadline for submission of all requests to the City Controller, August 1 - legal opinion of all requests completed, September 15 - recommendations from Human Services Coalition to Budget and Administration Committee . Mayor Conley reported that he and Controller Daley have met with repre- sentatives of Human Services Coalition and United Way, and are trying to establish a meeting of the Mayor, Supervisors and Board of Representatives for the purpose of trying to determine the degree of participation of the various bodies . Educational Assistance By !\ldrman Meyer : Seconded by Alderman Boothroyd RESOLVED , That Margaret L. Haine be reimbursed $125 . 09 for tuition paid to Torrlpl<ins-Cortland Community College for a course in Real Estate Principles and Practices . A vote on the resolution resulted as follows : Ayes (7) - Boothroyd, Bordoni , Dennis , Gutenberber , Nicliois Sa.ccucci , Slattery Nays (3) - Meyer, Holman, Boronkay Carried r,iiplo,yoes Not Represented by Formal Union by .rtr u��rman Gutc nberger: Seconded by Alderman Bo0tllroycl Pt, it is necessary to clarify tl.e wanes , paid. and unpaid leaves and fri.ngo benefits for those employees not represented by formal union ; NOW, `I'IIEI:EFORE , BE IT RESOLVED , That the City of Tthaca Ad.minJ, strative Secr,�taries , the Golf Course Manager and any indivi:!ual whose position is designated as c�Lnfidential shall be treated as �ilembers of the CSEA- r.drdni.stra.tive bargaining unit with respect to gages , paid and unpaid leaves alga other fringe benefits unlesG otherwise specified by resolution of the Corl;ron Cc ui ci l , and BE IT FUI:TIIF_'?R RESOLVED , That indi-viduals in the join titles nr,;-ec{ helo�q • - - .> i-ti•n- i n c n 1• - 1' L:Iic a?ly 1it?S:1tlCn (IeS=Lgnchted as mananement Sha ?. '.. lamed a ml'i,, bcrs of � ?:li 1.`:{ CL:t l'v baTga LIling L1I1.1t bvltil respect: to I'd_��eS , pald ? 1!; UIl;�clid Ie<l.'V znd fringe benefice unless otherwise specified by re.so11ht i.ail t._;ot%lc. l : Police Chief, Fire Chief, Superir-tcndF.rt of Pub_1ic It'orl s and th=V. Controller. Corri.od Unanimously A_u d i t By Alderman Gutenberg^r: Seconded by Alderman Boothroyd RESOLVED , That the bills audited and approved by the Budget and Admi-nistra- tioil Comm:itteo In the total amount: of $ 3 5) ,486 . 02 as listed on Audit Abstract 1978 be approved for payment . Carried U11,1ni mously -15- May 3 , 1978 � ( pr_tal Projects Schedule Alderman Guterberger requested that the City Clerk send a memo to all department heads reminding them that all capit-al improvement requests must be in by May 15 , 1978 to the C_it)T Controller so that the committee of the Controller , Mayor, Superintendent and City Planner can go over the requests and make recommendation to the Capital Improvcmont:- 11--view Committee by June 7.5 , 1978. Personnel Director By Alderman Gutenberger : Seconded by Alderman Saccucci. WHEREAS , this Common Council provided for the position of Personnel Di_roct l in t1,1 1978 City Roster , and WHEREAS , the City of Ithaca personnel consultant prepared a job description of said position and referred it to tIje Civil Service Commission for approval in late January 1978 , and WIIERLAS , the Ci-vil Service Commission referred the job description to th<: New York State Service Commission for approval in March 1978 , and �- WHEREAS , it is tile; consensus of this Co.maoal Council that there is an a °gent. need fo.,- approval of this position; UJ NOW, THEREFORE , BE IT RIE:SOLVED , That this Common Council directs the City Attorney -to investigate why this position was riot approved by the local Q Civil Service Cor�imissi-on and to do whatever is necessary to expedite said approval. . Carried Unanimously CAPITAL, IMPROVEMENTS REVIEW COMA IITTEE : 1 i_e`ep Shaft Chm. Cuten.berger reported that since Common Council has approved the app7.ication of the "Deep Shaft" project , the Capital Improvements Rev:Le Committee has reviewed the project and recommends its implementation I.,ith the foliowin.g stipulations : 1 . That assurances be made that the contractor fulfills his obligations either through a performance bond or other collateral as approved by the City Attorney. 2 . That assurances be made that the City' s share of the project will not require new money ; i . e . , the City' s share is in-kind services already provided in the budget . 3. That the Department of Public Works work closely with the City Controller relative to the cash flow of said project . The question was raised whether the City would have to appropriate and expend the money prior to reimbursement from E . P.A. and the contractor. Discussion followed on the floor. Resolution By Alderman Boothroyd: Seconded by Alderman Meyer RESOLVED , c'r: Council accepts the report and refers it to the Budget and Administration Committee for review. Carried Unanimously Resolution By Alderman Meyer: Seconded by Alderman Holman RESOLVED, the decision and knowledge of the specific location of the "Deep Shaft" project be approved. by the Planning and Development Committee of Council . Carried Unanimously Alderman Gutenberger expressed appreciation to Controller Daley and staff of the Finance Department for the work they have done in preparing the budget , and a special thanks to Joyce Day for keeping all the figures togeLher. 98 -16- May 3, 1973 tillit',INISHED AND MISCELLANEOUS BUSINESS : Logo on Stationery F3„ Alderman Meyer : Seconded by Alderman Gutenberger RESOLVED, That reconsideration of the use of the logo on the Youth Bureau stationery- be referred to the Budget and Administration Committee . Carried Unanimously One-way Street Situation By Alderman Meyer: Seconded by Alderman Bordoni RESOLVED, That the information from the Board of Public Works and dis- cussion of the issue of the one-way street situation be referred to the Planning and Development Committee of Council for more information and review. Alderman Holman commented that she would like to see th- matter held _ l abeyance until the peripheral streets and related problems are behind us . RC-solution to Table Ry Alderman Holman : Seconded by Alderman Boothroyd RESOLVED , That the matter of -the one-way street situation be tabled ui, ,il the peripheral streets are completed. A vote on -the resolution resulted as follows : Ayes (6) - Boethroyd, Nichols , Dennis , Gutenberger, Holman, Boronkay Nays (4) - Bordoni , Meyer, Slattery, Saccucci Carried Solid Waste Tiderman Meyer reported that a program by N.Y. S. Association for Solid IVaste Management will be held in Syracuse on May 15 and 16 , 1978 , and recomriended that someone from the Council or Board of Public Works attend. ARJOURNMENT : Ti a motion the mieeting adjourned at 10 : 45 p .m. --- "a e_"_h �.Y I'� naie City C1erI: Eduard J . onley, _ayor -- !/ c go COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 : 30 P.M. June 14 , 1978 PRESENT : Mayor - Conley Aldermen (10) - Boothroyd , Bordoni , Boronkay, Dennis , Gutenberger , Holman , Meyer , Nichols , Saccucci , Slattery OTHERS PRESENT : City Controller - Daley City Attorney - Shapiro Building Commissioner - Hoard Director , Planning $ Development - VanCort Fire Chief - Weaver 'Chief of Police - Herson PLEDGE OF ALLEGIANCE : Mayor Conley announced proclamation of the 21 days between Flag T-i Day and the Fourth of July as days to honor America . Mayor Conley led all present in the Pledge of Allegiance to the Ameri - can flag . Uj MINiITES : By Aaerman Bordoni : Seconded by Alderman Boothroyd RESOLVED , That the Minutes of the April 26 , 1978 and May 3 , 1978 meetings be approved as recorded by the City Clerk , and that the May 3 , 1978 Minutes be corrected as follows : Guidelines for Religious Sclicitations in the City of Ithaca should read "Ordinance No . 78-6" instead of "Ordinance No . 75-7" . Carried Unanimously COMMUNICATIONS : Reading of communications : letter from Frank R. Liguori , Commis - sioner of Tompkins County Department of Planning regarding National Registry status for the Strand Theater ; letter from the Cayuga Chamber Orchestra , Inc . relative to scheduling an event in the Cass Park Ice Rink ; and letter from the Lansing Fire District relative to a Route 96 Overpass was waived inasmuch as copies of the communications had been provided to each alderman . Mayor Conley also referred to a letter addressed to him (copies of which were provided to each alderman) -from Cayuga Lake Conser- vation Association , Inc . (Save Cayuga Lake) , a citizens group concerned about storing of nuclear wastes in or around this part of the State . Resolution By Alderman Meyer -. Seconded by Alderman Gutenberger RESOLVED, That the communication from Cayuga Lake Conservation Association , Inc . concerning the storing of nuclear wastes in or around this part of the State be referred to the Planning and Development Committee . Carried Unanimously CHARTER AND ORDINANCE COMMITTEE : Ni-sc.illc lan mar esignation for the Strand Theatre NY Alce-rman .?ic h ols : Seconded y Al erman Saccucci bHER1?AS , in accordance with Chapter 32 . 6 of the City of Ithaca Muni-cipal Code ("Landmarks Preservation") , the Landmarks Pre- servation Commission on 10 April 1978 voted to designate the Str.ja(' Theatre ; 310 East State Street , as a City landmark, and WHEPEAS , the Board of Planning and Development , at its May meeting , approved the designation of the Strand Theatre as an historic landmark, and 0 _. -Z- June 14 , 1978 WHEREAS , the possible implications of the designation of the Strand Theatre as an historic landmark include the preservation of a building important to the cultural history of the City and the encouragement of local artists and musicians ; NOW, THEREFORE , BE IT RESOLVED , That the Common Council does hereby designate the Strand Theatre as an historic landmark of the City of Ithaca and that this designation shall take effect immediately and in accordance with law upon publication in the official newspaper . Carried Unanimously Ms . Barbara Theusen, from the Strand Theatre , expressed thanks to the Common Council for designation of the Strand Theatre as an historic landmark. ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderman Gutenberger requested the addition to the agenda of the following items : problem resulting from fire at Y .M.C .A. building ; equipment list change for the Police De„)artment ; application for Personnel Director ; a brief Execu-cive Session; and two reports requiring no action. No Council member objected . CONIAMUNICATIONS FROM THE MAYOR: New Ticketing Policy - Courtesy Card Mayor Conley reported e a met with Police Chief Herson , police commissioners and City Attorney Shapiro regarding a proposal from Howard Cogan , Advertising Manager for Downtown Ithaca Business Association , regarding adoption of use of a courtesy card reminder to short-term parking patrons . City Attorney Shapiro presented both the original message and the amended version for consideration of the Council . Resolution By Alderman lattery : Seconded by Alderman Holman RESOLVED, the Council approves the amended version of the courtesy card message as follows : "Courtesy Reinder - City of Ithaca , New York At a .m. (or p .m. ) paid parking expired . As courtesy the City of Ithaca has requested you be granted an additional 30 minutes of free parking without issuance of a parking ticket . Since our parking meters ' purpose is to provide the opportunity for many short-term shoppers and visitors to park near their destination , we hope that you will either move your vehicle or renew your time before a subsequent check requires us to issue a parking ticket . We thank you for visiting Ithaca and thank you for your patronage . Cordially Signed (Officer) Space for license num er , meter number” Discussion foli ed on the floor . A vote on the resolution resulted as follows : . , Carried Unanimously Emergency Medical Training Mayor Conley called attention to a brochure from Emergency Medical Technicians , cosponsored by the Internaticnal Asa--cia- tion of Fire Chiefs , Inc . and the Internatior.• A*sso�:iation of Fire Fighters , AFL-CIO, which explains a training program offered , at no cost to the City, to our employees in emergency medical procedures . It is a detailed , in-depth course which will enable our Fire Department to be in a better uosition to 1oi _3_ June 14 , 1978 help people . The program is federally funded . Twenty-one of our 45 firemen have signed up so far and are very enthusiastic about the program. New York State Conference of Mayors Mayor Conley reported on t e NYS Conference of Mayors and some of the items discussed were support of New York State industries , the obligation to take the lowest qualified bidder , in addition to staff examining computer system presentations which were not as good as expected . He also commented that Perry Duryea , minority leader of the Assembly , and Sen . Bleu , minority leader of the Senate , addressed the conference . Mayor Conley said he brought back a great deal of literature , brochures , etc . from the conference . MAYOR' S APPOINTMENTS : Mayor Conley made the -following appointments which were confirmed by the Council : Capital Improvements Review Committee Iq By Alderman or oni : Seconded y Al erman Nichols N RESOLVED , That Mary Crowley and Clarence Cleveland be appointed Lli to the Capital Improvements Review Committee to fill vacancies created by the resignations of David Fuller and Barbara Whispell . Q Carried Unanimously Fire Commissioner Mayor Conley reported that he will be appointing a fire commis - sioner at the July 5 , 1978 meeting of the Council which will occur before the July meeting of the Fire Commissioners . CITY ATTORNEY ' S REPORT : City Attorney Shapiro reported that the local Civil Service Commission recently approved a job description for the position of Personnel Director . He also reported that he had obtained a Quit Claim deed for Corson Lot on Dryden Road from NYSUDC . In addition , he reported filing an appeal on Elmira Road assessments . City Attorney Shapiro reported that he attended a seminar at the NYS Conference of Mayors in respect to Affirmative Action in Civil Service jobs . Two types of comments came out of it : a lot of places have the same problems as the City of Ithaca ; a lot of places have the same problems as the City of Ithaca , but haven ' t recognized it yet . The State Civil Service Commission is looking into ways of making it easier for municipalities to comply with Affirmative Action . City Attorney Shapiro reported talking with people from the Commerce Department who have all sorts of promotions under way , and he received two very small books : "How To Do Business in New York State" and "Why To Do Business in New York State" . He recommended the City have a supply of books available in light of trying to attract business to downtown . The books are avail - able from the Commerce Department at no cost . CITY CONTROLLER ' S REPORT : City Controller Daley reported that the 1977 Financial Report is completed and the Budget and Administration Committee will be working with the Financial Report immediately . Hopefully they will have some recommendations on the 1979 Budget in Jule for the August meeting . Normally budget requests are not required until September , but it will probably be the reverse this year . The Committee in;:ends to make some strong recommenda - tions on policy and bring back to the department heads to operate on next year . t> 1.02 -4 - June 14 , 1978 We are presently working on capital improvements , are reviewing projects and will have recommendations by July 1st for the Capital Improvements Review Committee . BUDGET AND ADMINISTRATION COMMITTEE : 1977 Annual Finance Department Report By Al erman Guten erger : Secondea by Alderman Slattery RESOLVED , That this Common Council acknowledges the receipt of the 1977 Finance Department Annual Report . Carried Unanimously Appropriation of money for Fire Department truck By Alderman Guten erger : Seconded y Alderman Nichols RESOLVED, That $5 , 893 be transferred from A1990 Contingent Account to A3410 Fire Department - 230 Motor Vehicle Equipment for replacement of a damaged vehicle , and BE IT FURTHER RESOLVED , That this Common Council hereby declares an emergency and authorizes the Fire Department to make direct purchase of the vehicle . Carried Unanimously Deep Shaft Recommendation By Alderman Guten erger : Seconded by Alderman Dennis RESOLVED, That this Common Council approves the recommendation of the Capital Improvements Review Committee for the Deep Shaft project and recommends its implementation with the following stipulations : 1) that assurances be made that the contractor fulfills his obligations either through a performance bond or other collateral as approved by the City Attorney , 2) that assurances be made that the City ' s share of the project will not require new money , i . e . , the City ' s share is in- :., kind services already provided in the budget , 3) that the Department of Public Works work closely with the City Controller relative to the cash flow of said project . The question was raised whether the City would have to appropriate and expend the money prior to reimbursement from E . P .A. and the contractor , and BE IT FURTHER RESOLVED , That this resolution be transmitted to the Board of Public Works . Carried Unanimously South Hill Park Appropriation By Alderman Guten erger : Seconded by Alderman Holman RESOLVED, That $2 , 000 be transferred from the Parks Capital Reserve Fund - Reserve Account #11 , to the South Hill Park Capital Account #181 for design services , some fencing and grading . Carried Unanimously Amendment of Authorized Equipment List By Al erman Guten erger : Seconded y Alderman Saccucci RESOLVED, That the 1978 Authorized Equipment List for the Police Department , A3120 - 250 , be amended to include one overhead light for $261 and one siren for $220 for a police vehicle . No addi - tional appropriation is required . Carried Unanimously 103 -5- June 14 , 1978 By Alderman Gutenberger : Seconded by Alderman Dennis RESOLVED, That the 1978 Authorized Equipment List for the Finance Department , A1315- 220 , be amended to include one additional type- writer stand for $100 . No additional appropriation is required . Carried Unanimously By Alderman Gutenberger : Seconded by Alderman Dennis RESOLVED, That the 1978 Authorized Equipment List for the Youth Bureau, A7310-250 , be amended to include one refrigerator for Cass Park. No additional appropriation is required . Carried Unanimously Amendment of the 1978 Water Fund Budget By Alderman Guten erger : Secon e by—Alderman Dennis RESOLVED, That the 1978 Water Fund Budget be amended as follows : Increase Appropriated Fund Balance $28 , 000 Increase F1950 Taxes on City-owned Property 28 , 000 Said appropriation is to provide for the payment to the Town of Ithaca for the City ' s portion of the remaining debt on the Coddington Road water extension. Carried Unanimously Q By Alderman Gutenberger : Seconded by Alderman Dennis RESOLVED, That the 1978 Water Fund Budget be amended as follows : Increase Appropriated Fund Balance $27 , 000 Increase F8340-1 -302 General Maintenance - Building Maintenance Supplies $27 , 000 Said appropriation is for the purchase of water necessary due to a break in the raw water line caused by a landslide in January 1978 . Water provided from January 26-February 1 , 1978 . Discussion followed on the floor . Tabling Motion By Al erman Gutenberger : Seconded by Alderman Dennis RESOLVED, That the resolution to amend the 1978 Water Fund Budget be tabled , and that Alderman Slattery take the matter up with the Intergovernmental Relations Committee at its next meeting . A vote on the tabling motion resulted as follows : Ayes (8) - Boothroyd , Bordoni , Dennis , Gutenberger , Meyer , Nichols , Saccucci , Slattery Nay (1) - Holman Abstention(1) - Boronkay Carried Alderman Boronkay arrived at the meeting at 8 : 29 p .m. 1978 City Assessment Roll Changes By Alderman Gutenberger : Seconded by Alderman Saccucci WHEREAS , the 1978 Tax Roll for the City of Ithaca included the property known and numbered as 111 Second Street , owned by Frank and Rose Gaultiere , and WHEREAS , pursuant to Section 554 (sub . 4a) of the Real Property Tax Law the Director of Assessments has investigated an appli - cation for the correction of an error in essential fact filed by Rose Gaultiere , and WHEREAS , said investigation revealed that there t%as a mathematical error in the computation of said assessment , and 104 -6- .June 14 , 1978 WHEREAS , the Director of Assessment recommends that the assessed value of 111 Second Street be changed from $97 , 7j00 to $12 , 400 ; NOW, THEREFORE , BE IT RESOLVED , That the 1978 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map 45 - 5- 1 , 111 Second Street , from $97 , 700 to $12 , 400 , and BE IT FURTHER RESOLVED , That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said property . Carried Unanimously By Alderman Gutenberger : Seconded by Alderman Saccucci WHEREAS , the 1978 Tax Roll for the City of Ithaca included the property known and numbered as 141 Pearsall Place , owned by L . James and Elva Holman , and WHEREAS , pursuant to Section S54 (sub . 4a) of the Real Property Tax Law the Director of Assessments has investigated an appli- cation for the correction of an error in essential fact filed by L. James and Elva Holman , and WHEREAS , said investigation revealed that there was a mathe- matical error in the computation of said assessment , and WHEREAS , the Director of Assessment recommends that the assessed value of 141 Pearsall Place be changed from $35 , 200 to $23 , 700 ; NOW, THEREFORE , BE IT RESOLVED , That the 1978 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map 113- 3- 9 , 141 Pearsall Place , from $35 , 200 to $23 , 700 , and low BE IT FURTHER RESOLVED , That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said property. A vote on the resolution resulted as follows : Ayes (9) - Boothroyd , Bordoni , Dennis , Gutenberger , Meyer , Nichols , Saccucci , Slattery , Boronkay Abstention (1) - Holman Carried By Alderman Gutenberger : Seconded by Alderman Dennis WHEREAS , the 1978 Tax Roll for the City of Ithaca included the property known and numbered as 116-130 East Green Street owned by the Ithaca Urban Renewal Agency , and appearing as a taxable property , and WHEREAS , on review of the 1978 Tax Roll the Director of Assess- ments found this property to be an unlawful entry and recommends that said parcel be in the exempt portion of the City of Ithaca Tax Roll ; NOW, THEREFORE , BE IT RESOLVED , That the 1978 Tax Roll for the City of Ithaca be amended to transfer the assessment of Tax Map No . 70-4-5 , 116130 East Green Street , from the taxable assessment rolls to the tax exempt rolls thereby reducing the total City of Ithaca taxable assessment by $374 , 100 , and ..,;., BE IT FURTHER RESOLVED , That the City Chamberlain be authorized and directed to make this correction. Carried Unanimously 105 , 7 - June 14 , 1978 Authorization for the execution of an Agreement with the Tompkins County Chapter of American Red Cross By Alderman Gutenberger : Seconded y Alderman Dennis RESOLVED, That the Mayor and City Clerk be authorized and directed to execute a contract with the Tompkins County Chapter American Red Cross for the Information and Referral for the Visually Handicapped for a sum not to exceed $7 ,142 . Carried Unanimously Request to use the Youth Bureau Logo By Alderman Gutenberger : Secon e y Alderman Slattery RESOLVED , That this Common Council hereby establishes a policy that all City stationery shall have a uniform "logo" . Said "logo" shall be a copy of the great seal of the City of Ithaca . Discussion followed on the floor . Alderman Meyer , seconded by Alderman Dennis , offered an amend- ment to the Resolution to exclude the Youth Bureau from using a uniform logo because Youth Bureau is identified with its own logo and brings in some of its own funds to help support Youth Bureau programs . Lij A vote on amending the resolution resulted as follows : Q Ayes (3) - Bordoni , Meyer , Dennis Nays (7) - Boothroyd , Nichols , Gutenberger , Holman Slattery , Saccucci , Boronkay The amendment was defeated and the main resolution that the City will use one letterhead was voted on . The results were as follows : Ayes (7) - Boothroyd , Nichols , Gutenberger , Holman, Slattery , Saccucci , Boronkay Nays (3) Bordoni , Meyer , Dennis Carried 1978 Fall Creek Flood Expenditures Alderman Gutenberger reported t at the report of Fall Creek Expenditures was before the Council . Figures had been tabulated . There were no questions with reference to the report . Municipal Overburden Resolution Alderman Gutenberger reported that the Committee was asked to check on status of request received from Gary Lee , Assemblyman on municipal overburden. The matter was researched by Committee . The Resolution is on Agenda which Common Council passed in June of 1977 . Certified copy of Resolution was sent to Assemblyman Lee and City Controller Daley stated that receipt of said certified copy had been acknowledged by Lee . Alderman Dennis asked Mayor Conley if the matter of municipal overburden had been discussed at Mayors ' Conference . Mayor Conley said the matter had been discussed with executive committees through the Conference but the matter was not on the agenda because municipal overburden deals with situations that are difficult to handle because mayors represent both cities and villages , large and small . Raw Water Interconnection TTie 7inance Comm i t__te_e__a_n_J Common Council had asked that a report be given at this Common Council meeting on the matter of raw water interconnections and said request was transmitted to Superintendent of Public Works . No one was present at the meeting to give such report 106 -8 - .June 14 , 1978 Resolution By Alderman Bordoni : Seconded by Alderman Holman RESOLVED, that a directive be given to Superintendent Dingman that he produce a copy of a plan dealing with the water emergency of the three water systems . The report is to include a plan of complete and accurate information accompanied by the Superintendent ' s recommendations . This report to be presented at the Common Council Meeting July 5 , 1978 . Carried Unanimously Audit Resolution By Alderman Gutenberger : Seconded by Alderman Slattery RESOLVED, that the bills audited and approved by the Budget and Administration Committee in the total amount of $28 , 905 . 21 as listed on Audit Abstract #10-1978 be approved for payment . Carried Unanimously Resolutions added to Agenda : Demolition of Y.M. C .A. Building By Alderman uten erger : Seconded by Alderman Dennis RESOLVED, that $2 ,199 be transferred from A1990 Contingent Account to A3620-400 Safety Inspection - Contractual Services for the payment of a bill for demolition of dangerous walls during the recent fire emergency at the Y .M. C .A. building on West Buffalo Street . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Air-Conditioners - Police Vehicles By Alderman Guten erger : Seconded by Alderman Dennis """` RESOLVED, that the 1978 Authorized Equipment List for the Police Department , A3120- 230 , be amended to include four air- ,,.;z conditioners for $2 , 000 for police vehicles . No additional appropriation is required . Carried Unanimously Personnel Administrator By Alderman Guten erger : Seconded by Alderman Dennis WHEREAS , this Common Council declares a need for a Personnel Department , and WHEREAS , it is necessary to create an executive position to staff said Personnel Department ; NOW, THEREFORE , BE IT RESOLVED , that this Common Council creates the position of Personnel Administrator , at Grade 4 , ($15 , 350 - $21 ,848) of the 1978 Compensation Plan of the Executive Union Contract . Carried Unanimously Health Insurance - Report Alderman Guten erger saicT that the Health Insurance Committee has been meeting and has made recommendations . Most of the recom- mendations are ready. Report had been given to Budget and Administration Committee at last meeting ; there are still some loose ends to be tied up before final report made . May possibly be ready by next meeting . Personnel Department Manual Al erman Guten erger reported that a rough draft of Personnel Manual is available in Bonnie Steinberg ' s office . It is rather large and cumbersome . Anyone interested is welcome to go to Bonnie ' s office and look through the Manual . If anyone looking at the Manual has questions , contact Alderman Gutenberger or City Controller Daley . 17 44-9- -9- June 14 , 1978 Council adjourned into Executive Session at 9 : 13 p .m. Council reconvened at 9 : 40 p .m. PLANNING AND DEVELOPMENT COMMITTEE : Ithaca Center Project By Alderman Dennis : Seconded by Alderman Gutenberger WHEREAS , this Common Council has previously recognized the economic benefits of the Ithaca Center Project , with regard both to the downtown business district and to the City as a whole , and WHEREAS , this Council has been apprised by the developers of Ithaca Center that prospective mortgage lenders for the project are requiring , as a condition of financing the Center , that the City subordinate its liens on the land to any mortgage held by such lenders , and WHEREAS , the possibility of obtaining permanent take-out Iq financing will be increased if payment for the land and repay- (U ment of the UDAG can be deferred for a short period of time , LLJ subject to negotiation, and WHEREAS , it is the desire of the Common Council to take whatever reasonable steps may be necessary to facilitate the development of the Ithaca Center , NOW, THEREFORE , BE IT RESOLVED that the Common Council hereby affirms its willingness to remain flexible with respect to reasonable requests on the part of mortgage lenders regarding the subordination of the City ' s interest in the land and deferred payments for the land and repayment of the UDAG , it being under- stood , however , that these issues of subordination and payments are a matter for further negotiation by the City Attorney and subject to approval by the Common Council . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Citizen Participation Plan By Alderman Dennis : Seconded by Alderman Boothroyd WHEREAS , the City of Ithaca is involved in a Community Develop- ment Program, funded in part through the Housing and Community Development Act of 1974 as amended , and WHEREAS , the regulations governing the use of such funds require an active citizen participation effort in carrying out the Community Development Plan , and WHEREAS , the City is desirous of having a high level of community participation in its program , since such participation will lead to a prograjr which best serves the needs of its residents NOW , THEREFORE , BE IT RESOLVED , that the attached plan be officially adopted as the Community Participation Plan for the City of Ithaca . Discussion followed on the floor . By Alderman Boothroyd : Seconded by Alderman Boronkay RESOLVED, that the above resolution be referred back to Committee . Carried Unanimously �c - 10 - June 14 , 1978 Comprehensive Energy Management Plan Rv Alderman Dennis : econ ec y Alderman Slattery WHFRF.AS , the City of Ithaca is desirous of making the best possible use of its energy resources , and WHEREAS , a comprehensive energy management plan is a necessary part of an effort to improve the efficiency of energy usage in the city for both public and private energy users , and WHEREAS , there are funds potentially available through a contract with Argonne National Laboratories to study the use of energy and potential areas of saving in the city , NOW, THEREFORE , BE IT RESOLVED , that the Mayor is hereby authorized to make application for such funding . Carried Unanimously State Street Truck Traffic Alderman Dennis repoi7lted that his Committee had a discussion with reference to the State Street truck noise . Alderman Dennis would like to get together with town officials to see what can be done about this matter . He is to set up a meeting . City Municipalization - Report Alderman Dennis reported on tITe matter of a proposal that Common Council talked about last year . At the end of a lot of discus - sion on municipalization the City Attorney was asked to see if he could find someone who could look at something similar between what we were having from the Municipal Power Task Force and a feasibility study and there was a proposal from an attorney Rauche given to City Attorney Shapiro and passed on to Alderman Dennis . Alderman Dennis requested that the proposal be referred to the Planning and Development Committee for future action . By Alderman Dennis : Seconded by Alderman Nichols RESOLVED, that the proposal on city municipalization be referred to the Planning and Development Committee . Carried Unanimously Route 96 - Report Planning Director VanCort reported that the Design Committee has been meeting periodically with DOT officials to discuss what DOT has given us by way of alternatives for Route 96 . Common Council ' s mandate is extremely unclear on certain alternatives that have been discussed . Mr . VanCort would like to have a meeting of the Committee as a whole to take specific action on whether to direct DOT to continue with designs or stop . Also , whether Common Council is to get involved in taking specific action . Mayor Conley said that Common Council should participate in any recommendations made by Planning and Development and should see what the options are . If all the present alternatives are unacceptable then Common Council will ask for some design that can be made acceptable . Swimming in Gorge - Report Alderman Dennis reported that the City has a responsibility to do something about the parking problem created by persons illegally swimming in the water shed area on Giles Street . Mayor Conley stated that a Resolution has been sent to the Board of Public Works asking that the Committee come back with recommenda- tions on whether or not to develop off-street parking for the benefit of Circle Greenway and the wildflower area . Mr . Van Cort commented that his department is presently designing some parking space for Circle Greenway. The City has taken the position each year that the water shed area is a prohibited area and there should be no trespassing by swimmers . 1®J -11 - June 14 , 1978 CHARTER AND ORDINANCE COMMITTEE : Parking Lot "H" By Alderman Nichols : Seconded by Alderman Boothroyd WHEREAS , on May 10 , 1978 , the Board of Public Works recommended the designation of the eastern portion of the Family Medicine Center parking area in the 200 block of West State Street as a metered zone to be known as Parking Lot "H" ; NOW, THEREFORE , BE IT ENACTED by the Common Council , that Parking Lot "H" is hereby established as the eastern portion of the Family Medicine Center parking area in the 200 block of West State Street , and that the implementation of this parking lot as a metered zone shall take effect immediately and in accordance with law upon publication in the official newspaper . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Ordinance No . 78 -8 By Alderman Nichols : Seconded by Alderman Dennis N An Ordinance amending Chapter 60 entitled "Traffic and Vehicle" , W 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 Subdivision B of Section 60 . 51 entitled "Public Parking Lots" is hereby amended as follows : B. Public Parking Lots Delete : 1 . East Green Street Parking Area 2 . East Seneca Street Parking Area 3 . East State Street Parking Area 4 . West Green Street Parking Area S . West State Street Parking Area Insert : 1 . East State Street Parking Area (Lot "E") 2 . West State Street Parking Area (Lot "F") 3 . Dryden Road Parking Area , or the "Corson Lot" (Lot "G") 4 . Health Facility Parking Area , Eastern Portion of Lot (Lot "H") Section 2 . This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3 . 11 (B) of the City of Ithaca Municipal Code . Carried Unanimously Ordinance No . 78 -9 By Alderman is ols : Seconded by Alderman Gutenberger 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 Section 60 . 53 entitled "Parking Time Limits In Public Parking Lots" is hereby amended as follows : A. One Hour Parking Delete : 1 . East Green Street Parking Area 2 . East Seneca Street Parking Area 3 . East State Street Parking Area 4 . West Green Street Parking Area 110 - 12 - June 14 , 1978 Insert 1 . Health Facility Parking Area , Eastern Portion of Lot (Lot "H") Insert : B. Two Hour Parking The parking of vehicles is hereby prohibited for a period of longer than two hours , from 9 : 00 a .m. to 6 : 00 p .m. except Sundays and holidays in the following public parking lots : 1 . East State Street Parking Area (Lot "F") 2 . Dryden Road Parking Area , the "Corson Lot" (Lot "C") , eastern half of lot . Delete : B . Ten Hour Parking The parking of vehicles is hereby prohibited for a period of longer than (ten) hours except Sundays and holidays in the West State Street Parking area . Insert : C . Ten Hour Parking The parking of vehicles is hereby prohibited for a period of longer than (ten) hours except Sundays and holidays in the following public parking lots - 1 . West State Street Parking Area (Lot "F") 2 . Dryden Road Parking Area , the "Corson Lot" (Lot "C") , western half of lot . Section 2 . This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3 . 11 ($) of the City of Ithaca Municipal Code . Letter from American Television Communication Corporation Alderman Nic ols reporteJ that she had a letter to be mentioned for Council ' s information concerning the fact that Charter and Ordinance Committee had received official notification that it had 1S days to respond to an application by American Television Communications Corporation that the State Cable Commission waived the 60 day waiting period and that said Corporation can immediately sell some of its stock to Time TV and communica- tions . Letter from Landmarks Preservation Commission Alderman Nichols reported receiving a letter from Landmarks Preservation Commission notifying Charter and Ordinance Committee that after a public hearing a request will be made to designate the former Markles Flats (and previous to that the NYSEG facility) as an historic land mark. This matter to be studied by Committee . < Taxicab Commission Alderman Vichols reported' on the status of the formation of the Taxicab Commission . 111 -13- June 14 , 1978 Loading Areas By Al erman Nichols: Seconded by Alderman Slattery WHEREAS , the parking of private vehicles in the loading areas provided near the entrances to the Ithaca Commons prevents the use of the designated areas by vehicles making deliveries and/or passengers , including physically handicapped persons , arriving and departing from the Ithaca Commons , and WHEREAS , ramp parking is available in the Commons area ; NOW, THEREFORE , BE IT ENACTED by the Common Council , that use of the loading zones at the entrances to the Commons is strictly reserved for vehicles making deliveries or loading and unload- ing passengers and that no other use of the loading zones shall be made without the express written permission of the Chief of the Police Department . Discussion followed on the floor. By Alderman Holman : Seconded by Alderman Boronkay RESOLVED, that the above resolution be referred back to Committee for further study. A vote on the resolution being referred back to Committee resulted as follows : Ayes (4) - Meyer , Holman , Boronkay , Saccucci Nays (6) - Bordoni , Boothroyd , Nichols , Dennis , Gutenberger , Slattery Motion Defeated A vote on the original resolution resulted as follows : Carried Unanimously Street Signs - . Resolution By Alderman Nichols : Seconded by Alderman Dennis WHEREAS , the theft of street signs by pranksters and vandals has become increasingly costly , dangerous , and annoying , and WHEREAS , clear marking of intersections is a convenience to residents and visitors alike ; NOW, THEREFORE , BE IT RESOLVED , that the Board of Public Works is hereby directed to establish a policy of prompt replacement of all missing street signs with inexpensive , temporary markers , and BE IT FURTHER RESOLVED , that all signs that are erected shall be permanently marked with the emblem "Property of the City of Ithaca" to discourage vandalism and facilitate the recovery of stolen signs . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Affirmative Action Report Alderman Nichols reported that there will be a meeting of the Charter and Ordinance Committee on June 19 . At that time the Committee will probably be discussing the Affirmative Action document which is attached to Agenda . The document has not been approved by the Committee ; it has been implemented by the Mayor with his recommendations ; Council has not passed the document . Alderman Nichols asked that the document be referred officially to the Charter and Ordinance Committee for further action . 112 - 14 - June 14 , 1978 By Alderman Nichols : Seconded by Alderman Boronkay RESOLVED , that the Affirmative Action document be referred to the Charter and Ordinance Committee . Carried Unanimously Rev. John Taylor Mayor Conley read a letter of resignation received from Rev. John Taylor , Chairman of Commons Advisory Board . Rev. Taylor ' s resignation is due to the demands of his ministery and upcoming sabattic leave . Rev. Taylor said the Advisory Board should be proud of itself for all the accomplishments made thus far. Mayor Conley commented that he would send a letter to Rev. Taylor thanking him for all that he has contributed to the Commons Advisory Board , both as a member and Chairman. Alderman Slattery reported as follows : "Intergovernmental Relations Committee discussions with the Town of Ithaca regarding the construction , operation and main- tenance of a new waste water treatment facility (sewage treat- ment plant) offer the possibility of a joint ownership and management arrangement that could prove to be advantageous to both municipalities in effectuating savings both in capital construction costs (including principal and interest) as well as operation and maintenance expenditures (includes replacement) * Article 5-G of the General Municipal Law, authorizes , among other things , two or more municipalities to enter into agreements providing for a joint sewage project . "The alternative to this arrangement is a contract with the Town for waste water treatment services provided by the City . "While this is still a possible option it is at the present being given little if any consideration. The joint ownership arrangement seems to offer more advantages to both the city and town. "In order to establish a joint ownership arrangement (if the facts prove to be to our mutual benefit) , several charter changes will be necessary - specifically Sections 5 . 13 , 5 . 18 , 5 . 20 and 5 . 37 must be amended . This , of course , will require a referen- dum. "As Chairman of the city ' s IGRC I am asking the Charter and Ordinance Committee and the city attorney to review these sections and and other sections pertaining to sewers and treat- ment facilities and to make recommendations to this committee that will facilitate charter revision to allow for a joint ownership and administration of a new waste water treatment facility . "*Replacement - -Expenditures for obtaining and installing equip- ment , accessories or appurtenances which are necessary to maintain the capacity and performance of the treatment works for which such works were designed and constructed . " Alderman Slattery read the following letter to Common Council : "MEMORANDUM TO : Councilman Donald Slattery City of Ithaca FROM: Noel Desch , Supervisor Town of Ithaca RE ; Administration and Operation of Ithaca Sewerage Facilities DATE : June 7 , 1978 "During our recent meeting I was asked to write down my thoughts 113 - IS - June 14 , 1978 with regard to a City/Town Commission including its makeup and charge . This document I agreed to develop and forward to you ahead of our meeting of June 21 . "The Town has the following basic areas of interest and concern with regard to sewerage service . These concerns are not resolv- able on a one-shot basis ; they are on-going matters with which we must deal on a day to day basis . "1 . Accountability - The Town Board is responsible to its constituency to be in a position where it can explain the details of the cost of sewer service at any time . It is more than a matter of saying : ' OK , we have a contract with the City , there- fore we have to pay this much ! ' We must know what we are paying for in detail . The City taxpayer needs (but is not getting) the same information . It is critical to be able to say , No , we are not subsidizing the Town (or City) taxpayer , or , if so , to what extent and why . "At the same time , each municipality must retain its authority to govern its own destiny . "The City interpretation of its contract authority in the past W has all too often included interference with the internal affairs of the Town. Countless attempts for control of and/or influence upon the type of growth have caused much of the deep-seated ill feeling between the two governments . For example , one main reason why the City rejected extension of water to Eastwood Avenue subdivision only two months ago is quoted in BPW minutes as follows : 'The subdivision that it is proposed to serve would not be a permissible subdivision were it in the City nor is there any indication that it has been approved by the Planning Board . ' (Please note that cover letter did , in fact , indicate that there had been Planning Board preliminary approval . ) Ironically , the base for this attempted control of the Town is not in Common Council but has its origin within the Department of Public Works . There are too many self-appointed policy makers in the City . The Mayor and Common Council have traditionally not exercised their responsibilities in the area of water and sewer . The result is a department largely insensitive to the needs of the constituency . "What is accountability? Accountability involves budget plan- ning , implementation and the evaluation of performance . Anything short of this is inadequate in terms of providing a cost effec - tive service and determining a rate which is appropriate . The present chart of accounts is archaic , to say the least . Neither the water nor the sewer operation knows the true cost of its service . For example , water used for the sewer plant is included under the "unaccounted for" category of the water plant . This makes the sewer operation look good at the expense of the water operation. Such costs must be properly documented . "2 . Reliability - The Town wants to be able to assure its con- stituency that the sewer system will function properly under a wide variety of normal and emergency situations . We want to take part in operating policy to assure that the treatment standard- are being met and the level of pollution in Cayuga Lake can thus be held below the maximum permitted . "S . Capacity The Towns are Being to grow . We , therefore , must be in a position of huilding in and financing adequate spare capacity . "Of primary importance , including the foregoing , is the unpriced but significant benefit of working together as partners , i .e . , facing the difficult chniceq together . Tt will force upon all 16 - June ld , 1978 of us an integrated approach to planning and could be the first major example of a complete consolidation of a city/town service a very healthy trend perhaps toward overall governmental con- solidation . "Greater Ithaca Intermunicipal Sewerage Commission "The City of Ithaca , the Town of Ithaca , and the Town of Dryden wish to provide for the acquisition , construction , operation , maintenance , and financing jointly of a waste water collection and treatment facility , including trunk sewers Jointly used by the municipalities , the treatment system and any outfall discharge lines . "The parties hereto believe that the benefits conferred by the construction and operation of the aforesaid projects on a joint basis will permit assurance of adequate sewerage facilities for the parties for both the present and the future , the most cost effective operation possible and the improvement of water quality in Cayuga Lake and its tributaries . 111 . Creation of Commission - an executive body to be known as ' the Greater Ithaca Intermunicipal Sewerage Commission ' . Said Commission shall consist of up to nine (9) members . Each party shall appoint at least two members to the Commission and shall have the right to appoint three members . Of the members so appointed , at least two members from each of the parties shall be from the governing body of the appointing party . "The members of the Commission shall serve at the pleasure of the appointing party . The Commission shall elect its own chair - man , vice-chairman , secretary , and treasurer provided, however , that the treasurer must be a fiscal officer of one of the municipalities that is party to the agreement . "A quorum shall consist of a majority of the five (S) members of the Commission and the votes of a majority of the members shall be necessary for any affirmative action . 112 . Powers and Duties - "a . Overall responsibility for and supervision of the acquisi - tion , construction , operation , maintenance , and repayment of indebtedness for the Greater Ithaca Intermunicipal Sewerage System including the following : arrange for engineering services , acquisition of necessary lands and rights of way , preparation of environmental assessment and impact statements , letting of bids , arranging for supervision of construction , applying to appropriate governmental authorities for financial i and other aid , assessing to each party the portion of the costs allocable to each party for the retirement of indebtedness and the costs of operation and maintenance in the manner set forth in the intermunicipal agreement , prepare budgets from which the foregoing assessments can be made and provide for the acquisition of supplies , materials , and labor necessary to con- struct , operate and maintain the system . "b . To hire its own personnel or , in lieu thereof, to contract with any of the parties hereto or any other municipality or governmental agency for provision of personnel services , use of equipment , supplies , etc . 1 tic . Make capital improvements to the system before and after the initial construction project subject to the approval and authorization of all the parties hereto . J I - 17 - June 14 , 1978 "d . Call , arrange and conduct hearings in regard to the furnishing of sewer service and make determination of any issues thereat ; to prov ide for the making of necessary inspections and the keeping of all records concerning the maintenance of said system. "e . Arrange for the repayment to the City of previously incurred indebtedness if any remains for facilities jointly used by all parties . "In conclusion , the accomplishment of the foregoing will do more than any other single achievement to unite the three com- munities , particularly the City and Town of Ithaca . We have jointly resolved by intent resolutions to see that this is accomplished . We must now make this a public committment and proceed to work out the details including the method of jointly selling the proposal`. "The proposal will involve a City Charter change and the people of the Towns will have to be convinced of the need to support Iq the cost of spare capacity. " NEW BUSINESS 15 Minute Parking Meters Q Alderman Meyer asked that a motion be made that due to the fact that the City is now tearing up Cayuga and State Street and will eventually be replacing the meters on those affected blocks , that the idea of more 15 minute meters be sent to the Planning Department and the Department of Public Works for consideration and the matter be brought back to Common Council . By Alderman Holman : Seconded by Alderman Gutenberger RESOLVED, that Alderman Meyer ' s request be referred to the Planning Department and the Department of Public Works for further consideration . Carried Unanimously Alderman Holman requested consideration of a proposal that has come to her attention concerning organizations being willing to pay a fee for the privilege of receiving copies of the Agenda and Minutes of meetings . Alderman Holman asked that the matter be referred to the Budget and Administration Committee for action . Alderman Holman also asked what the City ' s policy is with reference to reimbursement to employees for educational courses taken and the employee leaving shortly after the course was taken. She asked that this matter also be referred to the Budget and Administration Committee for clarification and action . By Alderman Holman : Seconded by Alderman Boronkay RESOLVED, that the above request be referred to the Budget and Administration Committee . Ayes (9) - Boothroyd , Bordoni , Boronkay , Gutenberger , Holman , Meyer , Nichols , Saccucci , Slattery Nays (1 ) - Dennis PERSONNEL ROSTER - Resolution By Al erman Gutenberger : Seconded by Alderman Slattery WHEREAS , Common Council has the responsibility for creating and adopting the budget of the City of Ithaca and WHEREAS , Common Council set the tax rate based upon said budget , and WHERFAS , the Common Council has heretofore adopted a personnel roster for all employees of the City of Ithaca for the 19-8 fiscal year and will adopt a Fimilar personnel roster for each subsequent year , and - 18 - ,Tune 14 , 1978 WHEREAS , it has been the policy of the Common Council to require any hiring in grade of personnel to be approved by Common Council prior to commencement of employment at such in grade rate , NOW, THEREFORE , BE IT RESOLVED , that this Common Council reaffirms the following : 1 . That all appointing authorities , departments , boards and department heads are directed to maintain the personnel under their supervision at or below the levels set for each position in the roster adopted each year by Common Council . 2 . That any and all additions to said roster each year be first approved by Common Council prior to hiring personnel for such additional position . 3 . That any and all hiring of City personnel in grade be first subject to the specific approval of Common Council . 4 . That the City Controller be and hereby is directed not to permit payment to any personnel hired in contradiction to the above stated policy unless otherwise directed by Common Council . Carried Unanimously ADJOURNMENT : Meeting adjourned at 11 : 12 p .m. 04W4 d� (�� I Jo-A' os p h IA. Run le , City C er E war J . r—oWley , M or a COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 : 30 P .M. July 5 , 1978 PRESENT: Mayor - Conley Aldermen (10) - Boothroyd, Bordoni , Boronkay , Dennis , Gutenberger, Holman, Meyer, Nichols , Saccucci , Slattery OTHERS PRESENT: Asst . Controller - Spano City Attorney - Shapiro Commrs . of Public Works - Schickel , Cleveland City Engineer - Cox Supt . of Public Works - Dingman Director of Planning & Development - Van Cort Building Commissioner - Hoard Chief of Police - Herson Fire Chief - Weaver City Clerk - Rundle PLEDGE OF ALLEGIANCE : (V Mayor Conley le all present in the Pledge of Allegiance to the LJ American flag. Q Q MINUTES : By�rman Nichols : Seconded by Alderman Holman RESOLVED, That the Minutes of the June 14 , 1978 meeting be approved as recorded by the City Clerk . Carried Unanimously ADDITIONS TO THE AGENDA: Board of Public Wor s Alderman Bordoni requested that two items from the Board of Public Works be added to the agenda : (1) Parking on Giles Street , (2) Fall Creek Flood Control project . No Council member objected . Planning � Development Committee Alderman Dennis requested the addition of an item to the agenda concerning the extension of Center Ithaca project . No Council member objected . Alderman Slattery requested permission to give the Minority Report on Rte . 96 . No Council member objected. COMMUNICATIONS : Letter from-Finger Lakes Association , Inc . Mayor Conley referred a letter , toget er with forms and a copy of the 1978 Finger Lakes Regional Travel Guide , to Alderman Nichols for review, updating and return prior to July 17 , 1978 in order to meet the printing deadline . Letters regarding Route 96 (one from Tompkins County Hospital , one _ rom Ithaca Landmarks Preservation Commission BN Al erman Saccucci : Seconded y Alderman Boronkay RESOLVED, That the letters from Tompkins County Hospital and Ithaca Landmarks Preservation Commission regarding Route 96 be referred to the Planning & Development Committee . Carried Unanimously - 2 - July S , 1978 PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL : Mr. David Banfield , 312 East Fall Street , Chairman of the Fall Creek Civic Association Flood Committee , read the following resolution : "BE IT RESOLVED: The residents of the Fall Creek area , present at the Special June 29th meeting of the Fall Creek Civic Associa- tion, do hereby request the Common Council of the City of Ithaca to accept the report of B . K. Hough to take immediate action to 4 implement his recommendation for a porous pipe subsurface inter- cept drainage system, and that said pipe be placed under Route 13 and the railroad bed to meet a pumping station west of said roadbeds ; 1' 4 BE IT FURTHER RESOLVED : That , in addition to the subsurface drainage system, the City install a permanent pipeline to carry heated sewage effluent from the City Sewage Treatment Plant to Fall Creek ; BE IT FURTHER RESOLVED : That , as outlined in B. K. Hough ' s report , immediate attention be given to improvement of the channel and dike walls between Lake Street and Route 13 bridge Cbefore the Winter of 1978- 70 ; BE IT FURTHER RESOLVED: That the City continue to explore the means to finance and implement the dredging of Fall Creek ; BE IT FURTHER RESOLVED : That the City set up a Creek monitoring system to enable cranes and other suitable machines to be moved in to relieve water pressure and remove ice jams and slush ice at proper areas prior to any flooding conditions ; BE IT FURTHER RESOLVED : That all means necessary to explore solutions to the problems of flooding and seepage in Fall Creek be a continuing project . " Discussion followed on the floor . Alderman Meyer arrived at the meeting at 7 : 50 p .m. Board of Public Works- -Report of Bridges , Creeks and Storm Drainage Committee - Comm. Cleveland Alderman Bor oni presented the report of Comm. Cleveland which stated that Consulting Engineer , B . K. Hough, has submitted his Report on the Causes of and Practical Solutions for the Fall Creek Problem, under date of June 15 , 1978 . Copies of this report have been made available to members of the Board. The report discusses the many aspects of the problem. The report recommends the con- struction of a system of sub-drains as a measure to prevent the basement flooding which was experienced in the area in January and February of 1978 , and which has been experienced in lesser degree nearly every year in recent history. It also recommends that approval be given for an investigation to determine the most effective way to utilize the Sewage Treatment Plant effluent to combat the effect of slush ice . Resolution By Alderman Bordoni : Seconded by Alderman Boothroyd RESOLVED, That the report of B . K. Hough be accepted and placed on file . IT IS FURTHER RESOLVED, That the Common Council establishes a capital project of $175 , 000 for the construction of sub-drains as outlined in the Hough report . IT IS FURTHER RESOLVED, That the Engineering Division pursue the matter of the permanent installation of a pipe line for the purpose of diverting the sewage treatment effluent into Fall Creek for the purpose of combating slush ice , and to report the same to the Board of Public Works for a future funding request to the Common Council . - 3- July 5 , 1978 Discussion followed on the floor. Friendly Amendment Aldermen Bordoni and Boothroyd accepted a friendly amendment offered by Alderman Boronkay . That the $50 , 000 appropriated for the capital project be used as downpayment , the remaining $125 , 000 to be financed as recommended by the City Controller . A vote on the resolution as amended resulted as follows : Carried Unanimously Further discussion followed concerning the third paragraph of the Fall Creek Civic Association resolution. Resolution By Ammerman Bordoni : Seconded by Alderman Nichols RESOLVED, That , as outlined in B . K. Hough ' s report , immediate attention be given to improvement of the channel and dike walls NH between Lake Street and Route 13 bridge before the Winter of 1978- 79 . Carried Unanimously LIJ COMMUNICATIONS FROM THE MAYOR: Q Addition of Item to Agenda Mayor Conley informed the Council that under the Planning & Develop- ment Committee items on the agenda a sample resolution would be introduced creating an economic development district in this area . MAYOR' S APPOINTMENT: Mayor Conley made the following appointment which was confirmed by the Council : Fire Commissioner By Al erman Holman : Seconded by Alderman Bordoni RESOLVED, That , as recommended by Volunteer Co . No . 7 , John R. Howland, 908 North Aurora Street , be appointed a Fire Commissioner for a three-year term expiring June 30 , 1981 . Carried Unanimously CITY ATTORNEY ' S REPORT : City Attorney Shapiro requested a short executive session at break to bring some items to the Council ' s attention, for possible action , with respect to the vault situation. Mayor Conley commented that Alderman Gutenberger also requested an executive session concerning some Budget & Administration Committee items . CHARTER & ORDINANCE COMMITTEE : Affirmative Action Alderman Nichols informed the Council that the Affirmative Action Ordinance item would have to be delayed because the City Attorney had not returned his comments to the committee . Taxicab Commission Alderman Nichols reported that the Commission is now complete and she intends to invite them to meet with Charter & Ordinance Committee at its July 24 , 1978 meeting . Historic designation application for former Ithaca Gasworks building Alderman Nichols informed the Council that this item also would have to be delayed because the Board of Planning � Development did not reach a recommendation , and that is required before the Council takes action . -4 - July S , 1978 Public Safety Ordinance Alderman Nichols called attention to a typewritten page of excerpts from City of Ithaca Municipal Code which includes sections on exposure , prohibited acts , loitering in public places and parking on private property- - legislation which everyone is concerned about in the summer because of concerned citizens . Regulations of the Board of Public Works Alderman Nichols called attention to the last excerpt on the page which she had distributed to all aldermen concerning closing time for public parks . Parking on Giles Street Alderman Nichols informed the Council that Alderman Bordoni had just referred to the Committee the action of the Board of Public Works taken that afternoon , asking that the Committee draw up a resolution prohibiting parking on Giles Street . Alderman Nichols commented that she would like the item referred to Charter & Ordinance Committee so they could provide a properly-worded resolution. Resolution By Alderman Bordoni : Seconded by Alderman Boronkay RESOLVED, That the following action taken by the Parking , Traffic and Transit Committee of the Board of Public Works at its June 28 , 1978 meeting be referred to the Charter and Ordinance Committee of Council : "Resolution By Comm. Allan : Seconded by Comm. Ewanicki RESOLVED, That the Common Council be requested to revise its Ordinances to prohibit on-street parking on either side of Giles Street from 21S easterly to Water Street . Carried Unanimously" Carried Unanimously PLANNING & DEVELOPMENT COMMITTEE : Report - Route 96 Design Subcommittee Planning $ Development Director Van Cort , chairman of the Route 96 Design Subcommittee , presented a rough draft of the final selections from among the many alternate proposals made for the improvement of Route 96 within the City of Ithaca . The Sub- committee selected four alternatives which they will request the New York State Department of Transportation to proceed with the more detailed design of these alternates , to be presented for final City review and approval at the required Design Public Hearing which will be called by NYSDOT. Discussion followed on the floor. Mr. Van Cort commented that a complete set of the drawings of the solutions is available in his office if persons wish to look at them. Alderman Slattery has a second set of the drawings . Mr. Van Cort also agreed to provide a copy of the committee ' s minutes for each alderman so they may know the reasoning used in selecting the alternatives . Alderman Slattery commented that the Council should consider the County plan along with the others . Minority Report Mr. Andy Yale , member of Route 96 Design Subcommittee , addressed the Council , expressing concern he had that the matter was not going through committee and saying he feels the committee should act as go-between, but with substantial involvement of the Council . - 5- July 5 , 1978 He said there had been a lot of sentiment against the four-lane highway, and he thought it was a progressive step when Council passed the resolution asking the committee to look at proposals of lesser impact ; however , the Design Committee is not looking at anything other than four-lane plans ; the Planning Department , and as far as he can determine , the Department of Transportation, are not looking at anything other than four-lane plans . In his judgment there are other solutions , and he said he put some information, in the form of a general outline , on the desks of the aldermen which he asked them to look at in more detail . He urged the Council to ask the Design Committee or the Planning Depart- ment to look seriously at lesser-impact solutions and to consider them further. The Mayor announced that the Route 96 Design Subcommittee and the Committee of the Whole Council would meet on Monday, July 17 , 1978 , at 7 : 30 p .m. , in the Common Council Chambers to discuss the alternatives . The Common Council recessed at 8 : 50 p .m. Iq The Common Council reconvened in regular session at 9 : 15 p .m. W Q Extension of Redeveloper Status to O' Brien, Taube , Gardner and Q Abbott Inc . By Alderman Dennis : Seconded by Alderman Slattery WHEREAS, the Ithaca Urban Renewal Agency and the Common Council have conditionally designated O' Brien, Taube , Gardner & Abbott , Inc . as redeveloper of the Ithaca Center Project, and WHEREAS, securing of permanent financing is pre-requisite for final redeveloper designation, and WHEREAS , such financing is now under final consideration by a per- spective permanent mortgage lender , and WHEREAS , work on the project is proceeding ; NOW, THEREFORE, BE IT RESOLVED, That Common Council grant an extension of conditional redeveloper status to O 'Brien , Taube , Gardner and Abbott , Inc . until August 2 , 1978 for the purpose of securing a permanent financing commitment . Carried Unanimously Citizen' s Participation Plan By Alderman Dennis : Seconded by Alderman Slattery WHEREAS , the City of Ithaca is involved in a Community Development Program, funded in part through the Housing and Community Develop- ment Act of 1974 as amended, and WHEREAS, the regulations governing the use of such funds require an active citizen participation effort in carrying out the Community Development Plan, and WHEREAS , the City is desirous of having a high level of community participation in its program, since such participation will lead to a program which best serves the needs of its residents ; NOW, THEREFORE , BE IT RESOLVED, That the attached plan be offi- cially adopted as the Community Participation Plan for the City of Ithaca. (copy in Official Minute Book) Carried Unanimously Resolution Supporting and Endorsing the Southern Tier East Economic Development District ' s Economic Development Program and Agreeing to Have City of Ithaca Serve as Part of the Ithaca Area Economic Development Center By Alderman Dennis : Seconded by Alderman Nichols - 6 - July S , 1978 WHEREAS , the Southern Tier Fast Regional Planning Development Board is presently pursuing designation by the U. S . Department of Commerce , Economic Development Administration as an Economic Development District for the Counties of Broome , Chenango , Delaware , Otsego , Tioga and Tompkins , and WHEREAS , the Southern Tier East Regional Planning Development Board has developed a growth center strategy for the Overall Economic Development Program which requests designation of Economic Development Centers in Binghamton Area and Ithaca Area and which further requests recognition of Redevelopment Centers in the Oneonta Area and Norwich Area , and WHEREAS , the Southern Tier East Regional Planning Development Board has recommended that the Economic Development Administration designate the City of Ithaca as part of the Ithaca Area Economic Development Center ; NOW, THEREFORE , BE IT RESOLVED, That the City of Ithaca does hereby support and endorse the establishment of an Economic Development District in the Southern Tier East Region, and its economic development program, and BE IT FURTHER RESOLVED, That the City of Ithaca agrees to serve as part of the Ithaca Area Economic Development Center , and BE IT FURTHER RESOLVED, That the City of Ithaca agrees to work together with the other communities to be designated in determining how the Ithaca Area can fulfill the role as an Economic Develop- ment Center in the District ' s program. Carried Unanimously Meetings Alderman Dennis announced that he expects to meet with Noel Desch, Town of Ithaca Supervisor, this month to discuss truck traffic ; also , he announced that the Route 96 Design Subcommittee will meet with the Committee of the Whole Council on July 17 , 1978 , at 7 : 30 p .m. , in the Common Council Chambers . REPORTS OF SPECIAL COMMITTEES : Raw Water Interconnection Supt. of Public Works provided copies of his recommendations regarding Contingency Planning for Water Emergencies for each alderman. Discussion followed on the floor . Resolution By Alderman Dennis : Seconded by Alderman Saccucci RESOLVED, That the Report prepared and presented by Supt . of Public Works Dingman regarding Contingency Planning for Water Emergencies be referred to the Budget and Administration Committee . Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE : Amendment of Budget for Wor Study Program By Alderman Slattery : Seconded by Alderman Saccucci WHEREAS , the City Engineer ' s Office desires to participate in a work-study program with Cornell University , and WHEREAS , it is necessary to amend the budget to provide funds for this participation, said funds to be reimbursed by Cornell University ; A-0 - 7- July 5 , 1978 NOW, THEREFORE, BE IT RESOLVED, That in 1978 the City of Ithaca budget be amended as follows : Appropriations Increase : A1440-100 City Engineer Personal Services $1 , 200 Revenue Increases : 1 , 200 Carried Unanimously Change in 1978 Personnel Roster By Alderman Slattery : Seconded by Alderman Saccucci RESOLVED, That the 1978 Personnel Roster for the City Engineer ' s Office be amended by eliminating the position of engineering aide and creating the position of senior engineering aide . Carried Unanimously Transfer of Funds for Printing the City of Ithaca Housing Code By Alderman Slattery : Seconded by Alderman Saccucci RESOLVED, That $1 , 100 be transferred from A1990 Contingency Account to A3620-400 Safety Inspection Contractual Expenses . Carried Unanimously Iq (v Changes in 1978 Assessment Roll W By Alderman Slattery : Seconded by Alderman Boothroyd WHEREAS, the 1978 Tax Roll for the City of Ithaca included the Q property known and numbered as 222 South Cayuga Street , owned by Sibley Corporation , 2 State Street , Rochester, New York, and WHEREAS, pursuant to Section 554 (sub . 4a) of the Real Property Tax Law the Director of Assessments has investigated an appli- Cation for the correction of an error in essential fact filed by said Corporation, and WHEREAS , said investigation revealed that there was a mathematical error in the computation of said assessment , and WHEREAS, the Director of Assessment recommends that the assessed value of 222 South Cayuga Street be changed from $1 , 929 , 000 to $1 , 827 , 400 ; NOW, THEREFORE, BE IT RESOLVED, That the 1978 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map 70- 7-4 . 2 , 222 South Cayuga Street , from $1 , 929 , 000 to $1 , 827 ,400 , and BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said property or make an appropri- ate refund if the 1978 City Taxes have been paid. Carried Unanimously By Alderman Slattery : Seconded by Alderman Saccucci WHEREAS, the 1978 Tax Roll for the City of Ithaca included the property known and numbered as 210 South Cayuga Street , owned by Atlantic Richfield Company, P . 0. Box 7258 , Tax Dept . , Philadelphia , Pennsylvania 19101 , and WHEREAS, pursuant to Section 5S4 (sub . 4a) of the Real Property Tax Law the Director of Assessments has investigated an applica- tion for the correction of an error in essential fact filed by said Company, and WHEREAS, said investigation revealed that there was a mathematical error in the computation of said assessment , and WHEREAS , the Director of Assessment recommends that the assessed value of 210 South Cayuga Street be changed from $1 , 827 ,400 to $100 , 600 ; - 8 - July S , 1978 NOW, THEREFORE , BE IT RESOLVED , That the 1978 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map 70- 7-4 . 1 , 210 South Cayuga Street , from $1 , 827 , 400 to $100 , 600 , and BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said property or make an appropriate refund if the 1978 City Taxes have been paid . Carried Unanimously By Alderman Slattery : Seconded by Alderman Saccucci WHEREAS , the 1978 Tax Law of the City of Ithaca included the following special franchise assessments for the City of Ithaca : Tax Map Assessment in Number Owner Final Roll 131 . 6-SF- 1 NYSE$G $8 , 184 , S18 631 . 9-SF- 1 N Y TEL 3 , S86 , 115 908 . 1-SF-1 CERACCHE TV 223 , 94S S25-PS- 1 CONRAIL 99 , 238 and WHEREAS , on June 22 , 1978 , the City of Ithaca received notice of the final special franchise assessment as follows : Tax Map Corrected Number Owner Assessment 131 . 6-SF- 1 NYSE$G $7 , 941 , 179 631 . 9-SF- 1 N Y TEL 3 , 474 , 330 908 . 1 -SF- 1 CERACCHE TV 216 ,906 S2S-PS- 1 CONRAIL 24S ,62S and WHEREAS , in accordance with Section 616 of Real Property Tax Law and Section 489-0 of the Real Property Tax Law, said assessments must be corrected on the City of Ithaca Tax Roll ; NOW, THEREFORE , BE IT RESOLVED, That the 1978 Tax Roll for the City of Ithaca be amended as follows : Tax Map Assessment in Corrected Number Owner Final Roll Assessment 131 . 6-SF-1 NYSE$G $8 , 184 , 518 7 ,941 , 179 631 . 9-SF- 1 N Y TEL 3 , S86 , 115 3 ,474 , 330 908 . 1-SF-1 CERACCHE 223 , 945 2163%906 525-PS- 1 CONRAIL 99 , 238 245 ,625 and BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and to prepare a new tax bill for said property or, in the event the 1978 City of Ithaca taxes have been paid, to make the appropriate refund. Carried Unanimously Transfer of Funds for Uncollected Taxes By Alderman Slattery : Seconded by Al erman Boothroyd RESOLVED, That $22 , 000 be transferred from A1990 Contingency Account to A1984 Provision for Uncollected Taxes . Carried Unanimously - 9- July 5 , 1978 Establishment of Fee for Agenda and Minutes By Alderman Slattery : Seconded y Alderman Boothroyd RESOLVED, That organizations or individuals requesting the City to mail copies of the Agenda and Minutes shall be charged an annual fee of $25 . 00 . Carried Unanimously Procedure for Appointing a Personnel Administrator By Alderman Slattery: Seconded by Alderman Saccucci WHEREAS , this Common Council created the position of Personnel Administrator at the June 14 , 1978 Common Council Meeting , and WHEREAS, it is necessary to establish a procedure for the appoint- ment of said Personnel Administrator; NOW, THEREFORE , BE IT RESOLVED, That the position of the Personnel Administrator be directly responsible to the Mayor and said posi- tion shall be appointed by the Mayor upon the recommendation of a Selection Committee appointed by the Budget and Administration Committee of Common Council , subject to the approval of the Common Council , for an indefinite term. The person appointed (� to this position shall be removable following reasonable notice and a public hearing , if he should request such hearing , (a) by Q the Common Council by the affirmative vote of at least two-thirds Q of the Aldermen, or (b) by the Mayor , with approval of Common Council . Carried Unanimously Alderman Gutenberger arrived at 9 : 32 p .m. Environmental Commission ' s Request for a CETA Worker By Al erman Slattery : Seconded y Alderman Saccucci RESOLVED, That the City of Ithaca Environmental Commission is hereby authorized to make application for a CETA worker (planner) in conjunction with the City of Ithaca Planning Department and the Town of Ithaca Planning Department for a proposed open space survey. Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Authorization for Dues Check-off for the Police Benevolent Association By Alderman Slattery : Seconded by Alderman Holman RESOLVED, That the Finance Department is hereby directed to pro- vide a dues check-off for the Policemen ' s Benevolent Association , effective January 1 , 1979 . Carried Unanimously Request for Payment for Emergency Water By Alderman Slattery : Seconded by Alderman Saccucci RESOLVED, That the 1978 Water Fund Budget be amended as follows : Increase Appropriated Fund Balance $27 , 000 . 00 Increase I=8340- 1 - 302 General Maintenance - Building Maintenance Supplies 27 , 000 . 00 Said appropriation is for the purchase of water necessary due to a break in the raw water line caused by a landslide in January 1978 . Water provided from January 264ebruary 1 , 1978 . Carried Unanimously Audit By Alderman Slatterv : Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $11 , 849 . 45 , as listed on Audit Abstract #12 - 1978 , he approved for payment . o-0 - 10- July S , 1978 Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Discussion on Water Bill Alderman Gutenberger as ed for an explanation of why the City of Ithaca has agreed to pay the bill for emergency water inas- much as it has not received payment for meters and service which is past due from the Town of Ithaca . Asst . Controller Spano explained the complete transaction with the Town of Ithaca and said it has been taken care of. The Council convened in Executive Session at 9 : 50 p .m. , and reconvened in Regular Session at 10 : 45 p .m. Vaults on Peripheral Streets By Alderman Gutenberger : Seconded by Alderman Nichols RESOLVED, That property owners with subterranean vaults in the peripheral streets area who elect to retain their vaults be granted the option to pay the agreed cost of reconstruction of said vaults in five equal annual installments with six percent (60) interest , the first payment to be made within thirty (30) days after billing therefor , and the following payments each year thereafter with 6% interest on the unpaid balance . Carried Unanimously Appointment of Administrative Secretary By Alderman Gutenberger : Seconded by Alderman Dennis RESOLVED , That Patricia Ferencak be appointed a provisional Administrative Secretary in the Planning and Development Office at a salary of $9 , 264 per annum (Step S) , effective July 10 , 1978 , and BE IT FURTHER RESOLVED, That the Civil Service Commission be requested to hold an open-competitive examination for said position . Ayes (8) - Boothroyd, Nichols , Meyer , Dennis , Gutenberger, Boronkay, Slattery , Saccucci Nays (2) - Bordoni , Holman Carried Reimbursement to Employees for Education Courses Alderman Gutenberger reported that the Committee had reviewed this item with regards to employees that receive education reimbursement and leave after and recommended no change in the present policy . CIRCLE GREENWAY COMMISSION : Parking Lot for Giles Street Alderman Nichols reported that the Circle Greenway Commission had met and had a presentation of the parking lot proposed for Giles Street ; the Commission will meet again this month. UNFINISHED AND MISCELLANEOUS BUSINESS : Commercial Zoning Alderman Holman requested the Charter and Ordinance Committee to take under consideration the examination of the business zones on West Green Street . Alderman Nichols reported that the Planning Department has been working on it . It is taking them a fairly long time because they find that some of the information on which the decisions have to be made is not correct , and they have to draw all of the property lines again . Planning /d - 11 - July S , 1978 and Development Director Van Cort has promised to meet with the Charter and Ordinance Committee in July and report on the progress of the project . Deep Shaft Project Alderman Dennis reported receiving a letter from Supt . of Public Works Dingman and Asst . Supt . of Public Works Hannan regarding the requirement of site approval of the project by the Planning & Development Committee of Common Council ; therefore , he is referring the letter to the Planning & Development Committee . ADJOURNMENT: On a motion the meeting adjourned at 11 : 00 p .m. -t 0;;P�r 4��Z� Joseph A. Rundle , City er Edward J . C nley , ayor W Q Q 133 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7: 30 P.M. August 2 , 19 ' PRESENT : Mayor - Conley Aldermen (9) - Bordoni , Boronkay, Dennis , Gutenberger, Holman, Meyer, Nichols , Saccucci , Slatte-j-y ABSENT : Al erman (1) - Boothroyd OTHERS PRESENT : City Controller - Daley City Attorney - Shapiro City Engineer - Cox Director Planning & Development - Van Cort Building Commissioner - Hoard Fire Chief - Weaver City Clerk - Rundle PLEDGE OF ALLEGIANCE : Mayor Conley led all present in the Pledge of Allegiance to the American N flag. LIJ MINUTES : By Alderman Nichols : Seconded by Alderman Slattery RESOLVED, That the Minutes of the July 5 , 1978 meeting be approved as recorded by the City Clerk. Carried Unanimously M_AYOR' S APPOINTMENT : Mayor Conley informed the Council that Barbara Whispell has submitted her resignation as Board of Public Works Commissioner, due to her having accepted employment in Syracuse and finding it difficult to attend meetings in Ithaca, which he accepted reluctantly. He requested the Council to approve the following appointment to the Board to serve out the term of Barbara' s appointment : Resolution By Al erman Bordoni : Seconded by Alderman Holman RESOLVED, That W. David Banfield, 312 E. Falls Street , be appointed a Commissioner of Board of Public Works to serve a term expiring December 31 , 1980 . Carried Unanimously Mr. Banfield took the Oath of Office and was sworn in as Commissioner of the Board of Public Works . SPECIAL ORDER OF BUSINESS : Public Hearing - Route 96 Alternatives (Unofficial Public Hearing) Resolution to Open Public Hearing y Alcerman Slattery: Seconded by Alderman Bordoni RESOLVED, That the public hearing to consider the Route 96 Alternatives be opened. Carried Unanimously Clerk Rundle read the following letters to the hearing: "Mayor Edward Conley and Members of the City of Ithaca Common Council : This i :., to advise you that it is the unanimous decision of the Tompkins County Chamber of Commerce Board of Directors to support Cc„nmon Council in their choosing of any highway that is the most beneficial and has the least impact on the community when it meets Wednesday even-ng , August 2 , 1978. Respectfully submitted, Vincent Giordai.o, Pres_"ent" 134 _2_ August 2 , 1978 "Common Council c/o Mr. Joseph Rundle, City Clerk City Hall Ithaca, N.Y. Dear Joe , As much as I would like to appear at the hearing tonight, I am unable to do so because of another commitment. i If possible , please read the enclosed letter sometime during the hearii Sincerely, Jerry Schickel Common Council City of Ithaca Ithaca, N.Y. Dear Council Members : As a lifelong resident , as a taxpayer, as a business person, as a member of the Board of Public Works , and as a resident of West Hill for about 40 years , I strongly urge you to face up to a serious responsibility and send the recommendations of the Rt . 96 Design Committee on to the N.Y. S. D. o.T. for further design and implementation. This project has been needed, talked about , studied, re-studied, and talked about some more , for many years . The idea that you as a council can solve the problems of this city and keep everyone happy, unfortunately; is not possible . Some people will be hurt and dissatisfied by any solution. May I suggest to you that no solution or further delay will be far more damaging to the entire community than any of the four propose"ift solutions . The time is now and the place is here to end the congestion in the west end of Ithaca. Please vote to forward the four plans to the D.O.T. Sincerely, Jerry Schickel" Mr. Philip Bennett , 709 E. State Street , addressed the hearing, asking for an explanation of why Mayor Conley, the Route 96 Design Committee and the Common Council have changed their position in the past year as to the meaning of "lesser impact . " The following persons addressed the hearing , speaking in favor of a lower-impact solution such as an additional bridge or two-lane highway: Philip Bennett 709 E. State Street Doris Brown 8 Oak Crest Road, Lansing (League of Women Voters) Dan Hoffman (Ecology Action) Town of Danby Alice Rabinowitz 912 E . State Street Mark Carver Trumansburg , N.Y. Steven Kraft 709 E . State Street Steve Chaney 619 Cascadilla Street Dick Lourie 137 Fayette Street Joel Rabinowitz 912 E. State Street ° (Alternatives to Rt. 96) - Richard Baer 214 South Hill Terrace Laura Lichtenstein 323 N. Albany Street Sam Salkin 1703 Coddington Road Richard Berg 601 E. State Street William Burbank 222 Utica Street Betty Halton 301 Chestnut Street Dr. Jeffry Nichols 109 Llenroc Court Steve Waldstei.n Town of Ithaca Carol Chock Town of Danby - 3- August 2 , 197'$5 Joel Gagnon Town of Ithaca Robert Messing 709 Stewart Avenue Peaches Bell 110 Esty Street (owns business in West End) David Hoffman 415 West Buffalo Street Margaret McCasland 212 Fayette Street Patricia Kennedy 312 First Street Franklin Crawford 105 Hudson Street Andrew Yale 1099 Taughannock Road Don Enichen 1193 E. Shore Drive (Alternatives to Rt . 96) Sandv Friedman 210 Franklin Street (School bus driver) Michael Sieverts 1703 Coddington Road Joseph Moro 214 Fayette Street Michael Dingle 106 Linn Street William Gibson 101 Poole Road The following persons addressed the hearing , speaking in favor of forwarding the Rt . 96 Design Committee ' s recommendations to the State DoT for further study: James Mason R.D. #2 Trumansburg, N.Y. W (Ithaca/Tompkins County Trans- portation Commission and Q member of the Board of Repre- sentatives) George Apgar 712 Cliff Street Larry Fabbroni 234 Enfield Falls Road (Planner, Town of Ithaca Rt. 96 Design Committee) Ted Fish Spencer, N.Y. (Southside Fuel) Joseph Komaromi Newfield, N.Y. Dr. John Hirshfeld 122 Bundy Road (Medical Society) Noel Desch 132 Updyke Road (Supervisor, Town of Ithaca) Atty. Fred Weinstein 402 Richards Place Edward Roe 701 W. State Street (Teamster' s Union) Joseph Daino 100 W. Upland Road J. B. Graves 406 Hook Street (Rt. 96 Design Committee) Dr. Reuben Weiner 1021 Hector Street Atty. Richard Greenberg Newfield, N.Y. Phil Cox 221 Cornell Street (City Engineer) Jack Hamilton 408 Hook Place The following persons addressed the hearing , urging Common Council to take immediate action to correct the traffic conditions at the Octopus and improve access to the hospital : Donald Barber 225 Haller Boulevard (former Alderman) Brandy Nedrow 718 Cliff Street Linda Washington Newfield, N.Y. Jeff Bangs 209 S. Albany Street (Bangs Ambulance Service) David Norman 408 Hook Place (Traffic Officer Octopus) Noel Desch, Supervisor of the Town of Ithaca, reminded Council that the solution to the problem is not only a solution to the traffic problem, it is a solution to a major problem of health, safety, eco- nomics and ecology. It is a solution that this community will be required to live with for fifty years or more . iii; said, "let ' s take all these factors into account ; let ' s not let one factor, or one special interest group, swing it one way or the other. " 1-36 -4- August 2 , 1978 Resolution to Close Public Hearing By Alderman Slattery: Seconded by Alderman Bordoni RESOLVED, That the public hearing to consider the Route 96 Alternatives be closed. Carried Unanimously Common Council recessed at 9 : 50 p .m. Common Council reconvened in regular session at 10 : 00 p.m. Mayor Conley commented that , as a result of the Council ' s meeting a year ago and looking at plans available for study at that time , he fel• many of them had a high impact on businesses in the west end, on property takings for some of those projects , and serious impact to residential neighborhoods adjacent to Meadow Street , especially east of Meadow Street. Mayor Conley continued that since then the Design Committee has been appointed, they have done their work, having had about 100 meetings , but have not been able to choose a plan satisfactory to everybody. They have recommended four plans to the Common Council , of which some could very easily minimize the damage to the residential areas east of Meadow Street and set up traffic circulation which would enhance business operations in the west end of the city without greatly in- creasing the traffic congestion. Mayor Conley reported that in the past year the traffic problem in the west end of the city has necessitated tripling the use of police officers , and in addition the use of Cass Park has added to the traffic problem. Mayor Conley said he feels the professionals have chosen several plans which could be satisfactory and he urged the Council to accept the recommendations of the Design Committee and forward the four plans , together with the county' s plan, to the State so they can review them., Mayor Conley expressed appreciation to the Design Committee and to the people who have worked with the committee during the past year to ` prepare recommendations to the Council . Alderman Slattery addressed the hearing , and read the following press release of July 28 , 1978 : "The city' s Route 96 Design Subcommittee met today to respond to recent assertions that it had not adequately met its charge from Common Council to "explore -fully , various lower-impact solutions among design alterna- tives" for the improvement of Route 96 (per Council Resolution July 6 , 1977) in conjunction with NYSDoT , and to consider yet another proposed alternative , "The Comprehensive Low- Impact Plan for Route 96 and the Nest End Transportation Svstem" prepared by Alternatives to Route 96 and Ecology Action, which was received July 26 , 1978 . Subcommittee members reject statements made publicly and in the news media that they have not given each proposed alternative which has been conveyed to them a fair and full evaluation on its merits , without pre- conceptions or prejudice as to its source or form. The conclusions reached on each alternative , and the decision to recommend further work by DOT on four alternatives , represent the subcommittee ' s considered majority opinion , and incorporate the concerns held by its members as well as by the community that the alternatives selected represent viab solutions to the problems they address , with the lowest possible impac The Design Subcommittee reviewed the "Comprehensive Low- Impact Plan" as completely as possible in the limited time available since its receipt , and, noting that many of the concepts contained therein had been previously considered, took the following action: On MOTION by Mr. Slattery, SECONDED by fir. Cox, the subcommittee reports That it has reviewed the "Comprehensive Low- Impact Plan" prepared by Alternatives to Route 96 and Ecology Action ; - 5- August 2 , 147317 That based on the knowledge and expertise of its members , it disagrees with many of the statements and conclusions contained in the Plan ; That the Plan underestimates the impacts inherent in many of the recom- mendations it makes ; and That it does not endorse the Plan as an alternative to be forwarded by the city to NYSDoT for further investigation. The subcommittee further concluded that any proposed alternative which suggests continued use of Cliff Street as the only corridor for Route 96 , implying no new alinement , must include the widening of Cliff Street for capacity and safety. The subcommittee does not endorse this alternative because of the potential added impacts on adjacent resi- dential properties which would result from such widening , among otI.er reasons . An open vote was held on the motion , as follows : Mr. Cox voting YES Mr. Graves voting YES Mr. Slattery voting YES Mr. Van Cort voting YES W Mr. Yale voting NO Q Q Motion carried, 4-1. " PLANNING AND DEVELOPMENT COMMITTEE : Route 96 By Alderman Dennis : Seconded by Alderman Holman WHEREAS , this Common Council has , by resolution , on July 6 , 1977 , resolved that the City, through its Departments of Planning & Develop- ment and Public Works , shall work with the New York State Department of Transportation toward exploring fully the various lower-impact solutions among the design alternatives for the proposed new Route 96 , and WHEREAS , this Common Council , by resolution of September 6 , 1977 , established a design committee for Route 96 to work with the New York State Department of Transportation in exploring the alternative designs for Route 96 , including the lower- impact alternatives , and WHEREAS, the design committee has worked with the New York State Dept . of Transportation over the past twelve months on a number of alterna- tives , including the so-called second-bridge alternative and two-lane road, and * (See below. ) NOW, THEREFORE, BE IT RESOLVED, That this Common Council , upon recom- mendation of the Planning and Development Committee , does direct the design committee to include among the alternatives a lower- impact solution such as a second bridge or two-lane highway. BE IT FURTHER RESOLVED, That the Design Committee be directed to communicate to the New York State Department of Transportation this request by Common Council . Discussion follos:ed on the floor. Alternate Resolution No . 1 By Alderman Nichols : Seconded by Alderman Gutenberger WHEREAS, a dangerous intersection in the west end of Ithaca has- been the scene of many accidents and serves- as a bottleneck to the flow of traffic entering and leaving Ithaca from many directions , and WHEREAS , many community residents wish to avoid the additional traffic and truck noise of another four-lane highway through the City of Ithaca, and WHEREAS, a design committee of city officials and other interested individuals worked for an entire year without reaching an acceptable compromise that would mitigate the evils of the Octopus without attract- ing more trucks and encouraging undesirable proliferation of high-speed roads in the city, ind *WHEREAS the Design. Committee has recommended that it communicate to t..he NYSDoT ifs desire $o cozlt.jnue working toward the clesiF;n heurinI; care ', , ur alternatives , note of which is a second bridge or two-lane alternative ; 1.38 August 2 , 1978 WHEREAS, it is the sincere desire of the Common Council to improve the flow of traffic through the present intersection with the least possible disruption of existing neighborhoods and the normal life of the city; NOW, THEREFORE , BE IT RESOLVED , That the Common Council does hereby call uDon its Planning and Development Committee to redefine the scope and objectives of the Route 96 relocation project , considering the need to modify the Octopus intersections , improve the safety of Cliff Street , and enhance the access to our recreational areas , and also taking account of the fears of the community with regard to increased highway traffic through the city, and BE IT FURTHER RESOLVED, That the New York State Department of Trans- portation is requested to provide assistance in designing and con- structing another bridge crossing to the north and/or south of the present intersection with the least possible taking of land and the fewest incentives for additional through traffic. Discussion followed on the floor. The question of the adoption of the alternate resolution No . 1 was duly put to a vote on roll call , which resulted as follows : Nichols Yes Meyer Abstained Saccuc.ci No Slattery No Holman No Gutenberger Yes Dennis No Boronkay No Bordoni No Ayes (2) Absent (1) - Boothroyd. Nays (6) Abstention (1) - Meyer Alternate Resolution No . 1 Defeated Alderman Bordoni offered a friendly amendment to the original resolutiom that it be amended to include the Tompkins County Depar'L;.lent of Planni Designs with the four plans selected by the Design Committee , changing _ paragraph four to read five alternatives . Seconded by Alderman Holman Alternate Resolution No . 2 By Alderman Slattery : Seconded by Alderman Bordoni. RESOLVED, That the Design Committee recommendations , along with the Tompkins County Plan, be submitted to the State Department of Trans- portation for refinement of design. Alderman Holman offered a friendly amendment to 'the second alternate resolution: "and that the design criteria as forme"_ated by the Tompkins County Planning Department be forwarded to the State Department of Transportation to be considered as part of the scope of the project . " Aldermen Slattery and Bordoni accepted the friendl,, amendment . Alderman Gutenberger requested that an amendment to include considera- tion of a second bridge or two-lane alternate be added to the resolution. Aldermen Slattery and Bordoni declined co accept -; derman Gutenberger' s request as a friendly amendment . Alderman Meyer offered a friendly amendment : rrtr,,. 0 the New York State`s Department of Transportation be directed to deve ' designs for roadwa which have the least possible visual and physicr�. + 1_ri1lact on the city. " Aldermen Slattery and Bordoni accepted the fri.Lr ,...i; amendment of Alderman Meyer. Amendment to Amend Alternate Resolution No . 2 By Alderman Gutenberger : Seconded by Alderman 117olman BI IT FLIRT HER RLSOLVI D , That the State Depart ,,,. ,�t of '1'ra=..�.sportation, in their and dcllbcratron` ; tal.,.,, ini_-o account the local concerns regarding the need to modify -lie. Oc�:01,) rs intersection and - 7- August 2 , 19P improve the safety of Cliff Street , enhance the access of recreational areas and also take into account the fears of the community with regard to increased highway traffic through the city , and BE IT FURTHER' RESOLVED, That the plans as forwarded to the State Department of Transportation also include the Comprelaensi_ve Low-impact Plan. Discussion followed on the floor. A roll call vote on the amendment resulted as follows : Nichols Yes Meyer Yes Saccucci No Slattery No Holman Yes Gutenberger Yes Dennis Yes Boronkay Yes Bordoni No Ayes (6) Nays (3) Absent (1) - Boothroyd � Carried. Final Alternate Resolution No . 2 As Amended Q By Alderman Slattery: Seconded by Alderman Bordoni Q RESOLVED, That the Design Committee recommendation, along with the Tompkins County Plan, be submitted to the State Department of Trans- portation for refinement of design , and BE IT FURTHER RESOLVED, That the design criteria, as formulated by the Tompkins County Planning Department , be forwarded to the New York State Department of Transportation to be considered as part of the scope of the project , and BE IT FURTHER RESOLVED, That the New York State Department of Trans- portation be directed to develop designs for roadways which have the least possible visual and physical impact on the city, and BE IT FURTHER RESOLVED , That the State Department of Transportation , in their recommendation and deliberation-S take into account the local concerns regarding the need to modify the Octopus intersection and improve the safety of Cliff Street , enhance the access of recreational areas and also take into account the fears of the community with regard to increased highway traffic through the city , and BE IT FURTHER RESOLVED, That the plans , as forwarded to the State Department of Transportation, also include the Comprehensive Low-impact Plan. A roll call vote on the Alternate Resolution No. 2 , as finally amended, resulted as follows : Dennis Yes Holman Yes Saccucci Yes Bordoni des Gutenberger Yes Meyer Yes Boronkay Yes Slattery Yes Nichols No Ayes (8) Nay (1) - Nichols Absent (1) - Boothroyd Carried Extension of Redeveloper Status to O' Brien, Taube , Gardner F, Abbott By Alderman Dennis : Seconded by Alderman Slattery WHEREAS , the Ithaca Urban Renewal Agency and the Common Council have conditionally designated O"--rien, Taube , Gardner �; Abbott , Inc. as redeveloper of the Ithaca Center Project , and 140 - 8- August 2 , 1978 WHEREAS, securing of permanent financing is pre-requisite for final redeveloper designation, and '''T-'rREAS, such financing is now under final cor_ ic�eration by a prospectiv t 1,11.. 'r,u : . 11G mortgage lender, and WEHREAS, work on the project is proceeding; NOW, THEREFORE, BE IT RESOLVED, That Common Council gran:: an extension of conditional redeveloper status to O ' Brien, Taube , Garr?-ner and Abbot Inc. until November 1 , 1978 for the purpose of securing permanent financing commitment . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously CITY CLERK' S REPORT : Polling Places By Alderman Nichols : Seconded by Alderman Slattery RESOLVED, That the following be and are hereby designated as polling Maces in each election district in the City of Ithaca, Ne�v York , at which registration of voters , elections and primaries shall be held during the year 1978 , pending approval from the various organizations : FIRST WARD lst District Chestnut Street West Hill School 2nd District 800 S. Plain Street Titus Flats Housing 3rd District 626 W. State Street #6 Fire Station 4th District 300 W. Court Street G. I .A. C. Building FCOND WARD lstDistrict 300 W. Court_ Street G . I .A. C . Building 2rid. District 300 S . Geneva Street St . Joh--a. ' s School 5:rd Di:s -ri ct: S20 Hudson Street. South. Hill School i'H i l D 4V!`.R D 1s 01st , ct 309 College Aireilue �tg Fire Station 'rd District 502 Mitchell Street Belle Sherman School 3rd District S02 Mi_tcholl Street Belle Si.c:rmaii School OURTH WARD st District 402 N. Aurora Street St . Paul ' s P-Lbodi.st Ch. ".nd District Aurora ; Buffalo Streets First Unitarian Church 3fd, District 309 College Avenue #9 F.-ire Station FIFTH WARD 1sT+ District 1.012 N. Tioga Street # 7 Fire Si. �i:i.orl 2nd District Cor. King & Aurora Sts . Fall Cree'_: . drool 3rd District 309 Highland Road First Congregational Ch. Car- riec Tnar.ir,cusIy BUDGET AND ADMINISTRATION COMMITTEE : AuEt By Alderman Gutenberger: Seconded by .'alderman Bozo-! ay RFSC'LVED , That the bills audited and approved by the +i"' F t and Admini- M , straC on Co17mirte`.-', in the total aI1iount of j a i CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT PROGRAM, CIZY OF ITHACA 31 May 1978 'FINAL This plan has been developed in order to give citizens an adequate opportunity to participate in the preparation of all applications for the city's community development program and in implementation, monitoring and evaluation of the approved activities. The provisions included below assure that citizens of Ithaca will be provided ade- quate information about community development legislation and regu- lations, and will be given opportunities to recommend program ac- tivities, express views and comment on the city's community develop- ment projects and performance. The Common Council shall have ultimate responsibility and authority for the development and execution of its Community Development Program. Common Council has chosen to dele- gate primary responsibility for implementation of the programs and projects funded by the CDBG to the Ithaca Urban Renewal Agency.' This plan shall be followed immediately upon adoption and shall remain in effect until all activities assisted by Community De- velopment Block Grant funding are completed, or until it is super- seded by a new plan. The plan shall provide d process'for citizen participation at the community-wide level, at the neighborhood levels where comprehen- sive neighborhood revitatlization arecu have been designated, and in other areas where multi-component projects are proposed or ongoing. A Community Advisory Committee (CAC) , composed of various repre- sentatives of the community including the elderly, handicapped, women, and minorities, has been appointed by the Mayor to help insure that proposed CD activities reflect the city's needs. The CAC will be involved in the grant application process and monitoring the progress of community development activities. At the community-wide level the Community Advisory Committee, with the following composition, will serve in an advisory role to the Community Development Agency: 2 representatives from the CDA/IURA (lof the representatives, should be the Common Council liason to CDA/IURA) 1 representative from the Planning and Development Board ' F 4 representatives from the Community Development target area (Northside and Southside) 1 representatives from public agencies 2 community-wide representatives 2 representatives from business and industry 1 historic preservation representative Membership on the CAC may be expanded to include other representa- tives as necessary. The Community Advisory Committee will be responsible for advising the Community Development Agency on: (i) The three year community development plan, including identification of community development and housing needs, and the setting of priorities. (ii) The Housing Assistance Plan, including the annual housing action program. (iii) The annual Community Development Program. (iv) The Urban Development Action Grant (UDAG) . (v) The Small Cities Program. (vi) Subsequent amendments and other changes to the above. 1. Grant Application A. Organization Meetings At the Beginning of each application cycle, the CAC will hold organi- zational meetings so that the staff can explain any changes in regu- lations for the coming grant year. During this time, efforts will be made to solicit informal program suggestions from the general public through various media. B. Joint Meeting The culmination of this input stage will be a joint meeting of the CAC and IURA to which Planning and Development Board, and Planning and Development Committee of Council, members will be invited, where the public will be asked to submit formal program suggestions for the coming grant years. C. CAC Recommendations The CAC will then prepare recommendations based on federal requirements, community input and their own knowledge of community needs which are 3. ; to be given to the IURA. These recommendations will include general program descriptions, a budget giving suggested allocations for each i program area (not for projects) and a list of projects with a pri- ority for each. D. Draft Application The IURA then will prepare a draft of the CD application using speci- fic projects and their expected budgets as the basis for the applica- tion, which is then presented to the Common Council. The draft appli- cation submitted to the Council by the IURA should also be sent to the CAC for their information. Differences between the CAC recommen- dations and the IURA recommendations should be explained in a pre- 3 sentation to the Council. i E: Final Application The budget and program passed by Council in the application forms the basis for the CD activities in the following year. i F. A-95 Review Each application -is sent to the A-95 Review agencies (state and regional) for a 45 day review and comment period. Once the appli- cation is cleared at the state and regional levels, the application is sent to HUD for approval. HUD has 75 days to either accept or reject the application. G. Amendments 1 If Amendments to the applications are necessary, the CDA takes its recommended amendments to the CAC for review. Major amendments to the application, which require HUD approval, will require that the CDA/IURA, CAC or Common Council hold a public'hearing, with at . least 14 days notice, before submitting the amendments for HUD's approval. 2. Implementation The Community Development Agency is responsible for the implementa- tion of the Community Development Program. However, when possible at the neighborhood level, existing organizations will be requested to implement the community development program, or a new organi- zation consisting of interested citizens will be constituted to implement the program. For instance, the Ithaca Neighborhood Housing Services (INNS) organization was formed to implement the housing rehabilitation program in the CD target neighborhoods (Nouthside and Southside) . INNS has expanded itsfunctions to in- clude implementing the junk removal program and the neighborhood land trust program. 4. 3. Monitoring According to federal regulations and the directive of the IURA, the CAC should be involved in monitoring the performance of the CD program during the year. Specifically, this includes a review of the perfor- mance of the city and its contractors in meeting the objectives of the program. This will be done through the review of the annual per- formance report to be submitted to HUD and several performance meetings, aproximately quarterly. At the performance meetings, which will be public and advertised, the staff and the IURA members will report to the CAC on CD activities accomplished during the preceeding months. Formal Participation Application Cycle Time Organization Function Weeks 1-^4 CAC Review Changes in regulations and receive informal program sug- gestions CAC-CDA/IURA Public Hearing(s) on formal and informal program suggestions Weeks 5-6 CAC Prepare recommendations to CDA/IURA Weeks 7-8 CDA/IURA Prepare recommendations to Common Coucil Week 9 CDA/IURA - CC Public Hearing(s) on recommended draft application Week 10 Common Council Authorization to file the ap- plication i m Performance Cycle Performance meetings will be held approximately every three months after the start of the program year. Public comments from these meetings will be included in the grantee performance report. All community meetings will be publicized 7-14 days prior to the meeting through the use of newspaper ads (including legal notices) , public service radio announcements, flyers and announcements to neighborhood organizations. S. Informal Participation The CAC will have a regular meeting time throughout this process, which { will be advertised, so citizens may attend. Also informal meetings will { be held in the neighborhood or project area level during application development each year. These meetings will acquaint residents with the provisions of the program and obtain views and proposals. The CAC will individually and collectively solicit needs and program ideas from area residents through personal contact and community meetings. Submission of Views and Proposals The city will provide a period of one month, between the initial public CAC meetings at the beginning of the planning period and the joint meeting of the CAC - CDA/IURA for formal and informal program suggestions. This period will be published with the notices for public hearings. The city will respond to all proposals submitted to it, including written responses to written proposals stating the reasons for the action taken by the city on the proposal. Responses will be provided within 15 days or prior to the final hearing on the application, which- ever is sooner. Proposal and comments on the CD Program for the coming year will be accepted at all neighborhood meetings, public hearings and other meetings held by the city or its boards, agencies or commitees during the planning period prior to public hearing(s) on the appli- cation, or can be mailed to the Department of Planning and Develop- went, 108 East Green Street, Ithaca. Complaints Complaints will be accepted by the CDA or CAC at any time. The ap- propriate agency or group will provide written response within 15 working days after receiving the complaint in writing. Information Initial meeting(s) at the community-wide level and neighborhood or project area level will present information to citizens on: 1. The total amount of entitlement funds. 2. Eligible and ineligible activities. 3. Schedule of meetings and hearings, and process to be followed in drawing up and approving local application. 4. The citizen participation plan. 5: A summary of other important program requirements. 6. Presentation of the activities funded in previous years. All records, reports, applications and regulations on CD will be available to the public at the office of the Department of Planning and Development, 108 E. Green Street, during normal working hours for use and review. 141 COM�10N COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting Continued 7 : 30 P.M. August 9 , 1978 PRESENT: Mayor - Conley Aldermen (8) - Boothroyd , Bordoni , Boronkay , Dennis , Holman , Nichols , Saccucci , Slattery ABSENT : Aldermen (2) - Gutenberger , Meyer OTHERS PRESENT : City Controller - Daley Youth Bureau Director - Cutia Asst. to Supt . DPIti' - Dougherty Building Commissioner - Hoard City Clerk - Rundle City Attorney - Shapiro PLEDGE OF ALLEGIANCE : Mayor Conley led all present in the Pledge of Allegiance to the LA American flag . ADDITIONS TO THE AGENDA : Q Budget and _administration Committee Alderman Slattery requested the addition of three items to the agenda . No Council member objected. Charter and Ordinance Committee Alderman Nichols requested the addition of one item to the agenda- - parking space for handicapped persons in the Central Business District. . No Council member objected . Planning and Development Committee Alderman Dennis requested the addition of two items to the agenda - - Community Development and CETA employees . No Council, member objected. City Attorney City Attorney Shapiro requested the addition of two items to the agenda . No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL : Cleanup of Lot Pauline Darrett , 226 Fallview Terrace , addressed the Mayor , asking h-ir.! when the lot next to her property will be cleaned up . She said she called the Building Commissioner on June 7 , the Mayor had visited the site and knows the condition it is in , yet nothing has been done as vet to clean it up. Mayor Conley answered Ms . Darrett , saying that the owner of the lot will receive a communication from Supt . of Public Works Dingman within the next two days . He said the determination has been made that according to the Ordinance or the City the Superintendent of Public Works does not have the power to interpret his own discretion and he is going to proceed in order that the lot be cleaned . The owner will he given a Deadline and if that is not met , the lot will be cleaned up by city crews , and the owner will be billed. Hospital Bus Run bus Freeman , 258 Dubois Rd . , Town of Ithaca , addressed the Council as a hcnY2 ,':ember , on behalf of the Town of Ithaca , concerning the inch of action by the Torn of Ithaca relative to the proposed hospital bus run . 142 He reported that the Town of Ithaca Board felt they did not hale enough intor7ation to act upon , and aske.i the _oilo" i ;q qnevnlon : who does the run serve , workers or vis i tors to the ho -p i t s i .' 1nA doe - the run serve the Town of Ithaca? Why is the City Aiiiing to �yeid money on a hospital run while refusing to put money into a run that would go to the northeast area of the Town to bring shoppers downtown ! He aid , after the Town Board receives answers to these questions , there is a good chance of participation by the Town of Ithaca . Mayor Conley commented that the City is seeking Tarticlpation by those who benefit from the run- - the northeast and downtown Merchants (_in the case of a run to the northeast area which is being considered) . In the ci<c of the hospital run- - the City , Tompkins Cour- Town or Ithaca and „ : thaci College . The run will serve ": _ : tors to ,.. _ hospital . He sug- ,este _ `hat Bernard Carpenter , Mack Dougherty or another representative of the city meet with Mr . Freeman or the Town Boary to answer any further questions that they may have . CITY ATTORNEY ' S REPORT : Request for Quit - claim Deed City Attorney Shapiro reported that he had received a request from a law firm in Rochester , N.Y. in regard to property at 640 Hector Street which was formerly owned by the City of Ithaca having foreclosed and taken the property because of back taxes . They sold the property but the person who received the deed did not record it , it is lost and she is not around any more and it presents a title problem now. The firm is now requesting a quit-claim deed; therefore City Attorney Shapiro requested that the Common Council authorize the Mayor to execute a quit-claim deed to the current owner , Mr. Painter. Resolution By .alderman Slattery : Seconded by Alderman Nichols :;YS )LVED , That this Common Council authorize Mayor Conley to execute a quit - claim deed in respect to the back taxes and title of property at Amp 040 Hector Street , at no cost to the City. ; Carried Unanimously Payback for reconstruction of vault on peripheral street City attorney Shapiro reported that a resolution thud been passed for payback of reconstruction of vaults on the peripheral streets over a 5 - year period at 6% interest . However, the cost of reconstruction of one of the vaults turned out to be around $18 , 000 . City Atty . Shapiro , City Engineer Cox and Chm. of the Budget and Administration Committee Guten- berer negotiated a 9-year payback period at 6-s on this vault , which they felt would be acceptable to the Council . Resolution By Aidsr: an Slattery : Seconded by Alderman Saccucci RESOLVED , this Council approve a payback period of 9 years at 6 ° interest on the vault which had a reconstruction cost of approximately $ 13 , 000 . Carried Unanimously BUDGET AND ADMINISTRATION CONH�IITTEE : Contingency Plan for plater Emergencies By Alderman Slattery: Seconded by Alderman Saccucci WHEREAS , this Common Council received a contingency plan for water emergencies from the Department of Public Works at the July 5 , 1973 Common,„, Council meeting , and WHEREAS , the Budget and Administration Committee of Common Council has j reviewed said report , and WHEREAS , the report recommends the involvement of many other municipalities , and WHEREAS , the Budget and Administration Committee feels that due to the involvement of other municipalities , a -meeting should be held to receive input from all parties involved prior to :Waking a recommendation ; } NOW , THEREFORE , BE IT RESOLVED , That this report he referred to the Inter- governmental Relations Committee of this CoiWmoq council to ""iee: with the Aueust 14-3; Board of Public Works and all other parties involved in this water eMer;Cncy contingency plan for review and recommendations . Carried Unanimously Selection of Screening Committee for Personnel Administrator City Controller Daley reported that a committee of nine 4 members of legislative body , 4 members of staff and 1 member of a lay board) had been selected to screen the many applications for personnel administrator which have been received by the Mayor, and they will establish a list of applicants they feel should be interviewed. ?Mayor Conley will sit in on the acutal interviews . Fall Creek Project Financing By ,Alderman Slattery : Seconded by Alderman Bordoni WHEREAS , at the July 5 , 1978 Common Council meeting a capital improvement project was established for the Fall Creek project in the amount of 5175 , 000 and WHEREAS, after review by the Design Engineer it is the consensus of the Department of Public Works that said project should be in the amount. of 5215 , 000 ; CV NOW, THEREFORE , BE IT RESOLVED : W 1 . That the dollar amount of the resolution passed by Common Council Q on July S , 1978 be amended from 517S , 000 to 5215 , 000 . 2 . That this Common Council hereby authorizes the City Controller to request bond counsel to prepare a Bond Anticipation Note in the amount of 5215 , 000 and that the F50 , 000 previously appropriated be used as a down-payment for said Bond Anticipation Note . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously City of Ithaca Personnel ?Manual By Alderman Slattery : Seconded by Alderman Saccucci WHEREAS , the Budget and _administration Committee has completed ihc _.1 ty of Ithaca Personnel ?Manual which has been prepared by the City ' F personnel consultant , and WHEREAS , it is the opinion of the Budget and Administration Committee that this document should become a part of the Administrative Code of the City of Ithaca ; NOW, THEREFORE , BE IT RESOLVED , That the City of Ithaca Personnel Manual be referred to the Charter and Ordinance Committee of Common Council for review and inclusion into the Administrative Code of the City of Ithaca . Carried Unanimously Disposition of 213 S. Plain Street By Alderman Slattery : SeconJed by Alderman Nichols WARE.AS , the renovation of 21 ! South Plain Street has been completed under the direction of the Board of Public Works , and WKERLAS , said property is now ready to be sold and constitutes in the opinion of the Board of Public Works real property for which the City has no use other than that for which it was intended , i . e . , residential use ; NOW, 7HEREFORE, BE IT RhSOLVED : 1 . That the sale of 213 South Plain Street be referred to the Community Development Commission for action . 2 . That >aid sale be contingent upon, the prGnerty being owner- occupied for a m:inimuE of five years . 3 . That ne sale of such property he nub.; ect to i vi n a pd : cval by t:e . o nmon i 1 . 144 3 Discussion followed on the floor . A vore 0.1 the resolution resulted a> follo�.s : Carried nar i loa,� 11 Capital Projects By VldeT-man Slattery : Seconded by Alderman Saccucci = .E.'i` the 1978 City of Ithaca Budget had t,.,ro capital projects , i . e . , Norti; Side-South Side improvements for SJ , , i.11l and :vood _treet t'ark or S6 , !))0 , and l`'HEREAS , said -Budget included a receipt of monies from the City ' s CC .11 it;: Development Funds for the total a.rnount of these projects , and AHi✓REAS , j ? , 000 was drawn from the Federal Reserve Bank prior to approval of these expenditures by the U . S . Department of Housing and Urban Development , and '�HERLAS , it is necessary to return these funds subject to the approval b,. U . S . Department of Housing and Urban Development ; NOW, THEREFORE , BE IT RESOLVED , That the 1978 City of Ithaca Budget be amended as follows : 1 . Capital projects known as North Side-South Side improvements , HS90 - 174 , for 53 , 000 , and Wood Street Park , H890- 17:5 , be temporarily abandoned. 7 . That the City Controller be , and he hereby is , authorised and directed to return $9 , 000 to the Federal Covernment . Discussion followed on the floor. .ote on the resolution resulted as follows : Carried Unanimous Iv ',+ew Bus Run (Hospital and Ithaca College) 3--v- Alderman Slattery: Seconded by Alderman Saccucci A EREAS , the Department of Public Works has investigated the need and economic feasibility of providing a new bus route between the Hospital , downtown and Ithaca College , and 6�HEREAS , a report has been prepared and presented to Budget and Admini - stration Committee and Common Council for their review and possible action ; THEREFORE , BE IT RESOLVED , That this Common Council approves a new bus route from the Hospital to downtown and Ithaca College for a one-year period , and BE IT FURTHER RESOLVED , That this approval be subject to participation of other municipalities involved in this extension of the Citv bus route system, i . e . , Tompkins County , Town of Ithaca and Ithaca College . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Policy for Department of Public Works Personnel Roster By alderman Slattery : Seconded by Alderman Boothroyd ,VHEREAS , Common Council adopts , as part of each vear ' s City Budget , a q Personnel Roster for each Department , and WHEREAS , any changes from this Roster must have the approval o ~ Common Council , and WHEREAS , the Department of Public Works has problems with the strict adherence to the policies set forth by Council ; NOW, THEREFORE, BE IT RESOLVED : 1 . That the Department of Public Works is hereby authorized to hire within its authorized Personnel Roster list the classification title for which it has a vacancy or a lesser classification title as lone as it does not exceed the total number of employees on the Department of Public Works ' Roster. 2 . That the creation of any new position or any additions to the Depart - ment of Public Works authorized Personnel Roster must have prior approval of Council . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Administrative Secretary (Youth Bureau) By _Alderman Slattery : Seconded by Alderman Saccucci RESOLVED, That the salary for Christine M. Brill , _Administrative Secretary in the Youth Bureau, be changed from Step 3 , $ 8 , 565 per annum, to Step 5 , !9 , 264 per annum , effective August 14 , 1978 . Carried Unanimously Equipment List Change Q By Alderman Slattery : Seconded by Alderman Dennis Q RESOLVED, That the 1978 Equipment List in the City of Ithaca Budget be amended to include one (1) Lanier dictaphone and transcriber for $ 750 . 00 , in Account 8020- 220 , Planning-Office Equipment . Carried Unanimously Bids for Computer Equipment By Alderman Slattery : Seconded by Alderman Boronkay RESOLVED , That this Common Council rejects all bids received on July 31 . 1978 , for computer equipment , and BE IT FURTHER RESOLVED , That the City Controller is hereby authorized and directed to prepare new Specifications and rebid for computer equii,nhT and program. Carried Unanimously CETA Positions for Youth Bureau By Alderman Slattery Seconded by Alderman Dennis RESOLVED , That the City of Ithaca Youth Bureau is hereby authorised to make application for fifteen (15) CETA positions , as follows ; 3 Rec. Specialists 1 Rec . Leader 1 Rec. Specialist 2 Rec . Specialists I Rec. Specialist 2 Rec. Specialists 1 Rec . Leader 1 Rec . Specialist 3 Rec . Specialists Carried Unanimously Community Development Commission ,Agreement Ev Alderman Slattery: Seconded by Alderman Saccucci WHEREAS , the Common Council of the City of Ithaca has designated the City of Ithaca Urban Renewal Agency as its agent to carry out the Community Development Program; NOW, THEREFORE , BE IT RESOLVED , That the Mayor is hereby authori_ed to execute the contract beiween the Cit" or Ithaca and the City of Ithaca Urban h newal Agency , in which agreement the City- of Ithaca Urban kerews! _Agency agrees to fully administer the Community Development Block grant Program , Including the acquisition of property , relocation of businesses and individuals , clearance and disposition of property , planning and construction or reconstruction of public improvements , and the development of a realistic housing assistance Flan , In conformity with all the rules and rep"ul v i ons of the Pepartm n t of bou ing and `'Than Pevel orment %1 rnuant to the i orms and conditions of the ho z in and j ci l cpvent Act of ] 9 ,Public Lau 92- 30) . inE Luniract also provides for the City of Ithaca Urban Renewal .Agency to hire any cnntraciors or sub ontraclor5 necessary for the successful adniniSTration of this program , 146 - b - .au'uSt ') , l0 -8 BE IT FURTHER RE S,-)LVED , That effective 1.1 ay 27 , 19 � , the .agency admini - strative costs shall be funded fr071 ComiT;unity Development approve' budgets . Carried Unanim;)u, ly Affirmative .action Ordinance By alderman Vcnols : Seconded by .alderman Slattery Ordinance Number 73- 10 An Ordinance .adding 1:ha-) to r 3 Entitled "Affirmative action" To The City of Ithaca Municipal Code BE IT ORDAINED AND ENACTED by the Common Council of the Citv of Ithaca , New 'fork , as follows : Section 1 . That a new Chauter to be known and designated as Chapter 3 entitled "affirmative fiction" is 7erebv added to .e Ci*_v �f Ithaca , Municipal Code to read as follows : Chapter 3 Affirmative action Article I General Provisions S 3. 1 Short Title This Chapter shall be known and may be cited as "The affirmative Action Ordinance of the City of Ithaca , New York. " S 3. 2 Legislative Purpose The purpose of this Chapter is to implement the previous resolu- tions of the Common Council and executive actions of the Ntavor (1) to increase the number of women and members of the various minority groups at all levels of City employment to approximate more closely their pro - portion in the total population of the Ithaca area and (?) to enhance the Opportunities for women and members of the various minority groups to act%arnce and -.,, in promotions in all categories of City employment . Fs 3. 3 Compliance :,ith Chapter The City Personnel Director shall serve as the Affirmative Actil, Officer for the City of Ithaca. The following mandatory guidelines shall be enforced for any and all vacancies that may arise : a. Every vacancy shall be advertised in the 16cal daily and weekly newspapers , including periodicals likely to be available to women and minority persons , and on the radio stations . All announcements shall include the wording "The City of Ithaca is an Equal Opportunity Employer with an Affirmative .action Program. " b . announcement of any vacancy in City employment shall be posted at the neighborhood houses , the Ithaca Youth Bureau, the Department of Social Services , the New York State Employment_ Service , Ithaca High Schocl , the City Buses , all City Departments and any other community facili - ties where such announcements will be viewed by women and/or members of minority groups . C. Letters shall be sent to women ' s organizations and minority groups informing them of job openings that arise . d. The mailing list used by the Civil Service Office with respect to competitive cla-ss positions shall be notified of all vacancies that arise in City employment . e . Female and minority persons who have previously applied for City employment shall be notified in writing of vacancies that arise and shall be invited to be interviewed if they qualify for employment . f. all Department Heads and/or appointing authorities shall comply with affirmative .action requirements in filling every vacancy that„, arises in their respective departments or groups and shall report to the Mayor and the Common Council any intended deviation from this procedure along with the reason or reasons for such deviation prior to making any such deviation. Unless otherwise approved by the Common Council . g. The Common Council and the Board of Public Works shall not approve or complete any appointment and no potential employee shall be offered employment or placed on the payroll of the City of Ithaca with- out the following certification, by the appointing authority which shall be attached to all applications for City employment : " I certify that this appointment has been made in conformance with the policies and procedures established by the Affirmative .action Ordinance of the City of Ithaca. " Aug . 14 - - �l._s Article II Administration and Enforcement S 3. 20 The City Personnel Director shall work with the Civil Service 3. Service Secretaryto review all lob descriptions in case unfair and un- necessary- barriers exist to the employment of women and members of minority groups and shall , when and where appropriate , request that such descriptions be changed as necessary . S 3. 21 The Personnel Director and the Civil Service Secretary shall review all jurisdictional classes of civil service positions to determine whether present categories unfairly or unnecessarily exclude women and members of minority groups from any positions and shall , when and where appropriate , request that such classes be changed as necessary . S 3. 22 The Personnel Director shall from time to time offer training opportunities that will enhance the opportunities for job advancement to present City employees . S 3. 23 Information concerning employment opportunities with the Cite of Ithaca shall be available for guidance counselors and "career day" programs at Ithaca High School . N W S 3. 24 The annual report of the Personnel Director shall contain a CIE numerical comuarison of the women and members of minority groups employed Q by the City during each three-month period. Any unusual problems or obstacles in implementing this ordinance shall be brought to the immediate attention of the Budget and Administration Committee of the Common Council for further direction. Section 2 . This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3. 11 (B) of the Ithaca City Charter. Carried Unanimously Prohibition of Parking on Giles Street- -Resolution of Board of Public Works as approved by this Committee for _Council Action By Alderman Nichols : Seconded by Alderman Boronlay Ordinance No . 78- 11 An Ordinance amendin; Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca ?Municipal Code BE IT ORDAINED AND ENACTED by the Common Council of the Cite of Ithaca , New York , as follows : Section 1 . That Section 60 . 43 entitled "Parking Prohibited in Designated Locations" is hereby amended as follows : A. Add to Section 60 . 43 ("Parking Prohibited in Designated Locations") after Giles Street , South side , from Hudson to Columbia Streets , the following designation : Giles Street , both sides of street , from Number 217 to hater Street . Section 2 . This Ordinance shall take effect immediately and in accordance with law Upon publication of a notice as provided in Section 3 . 11 (B) of the City- of Ithaca Municipal Code . Discussion followed on the floor. vote on the resoluticp resulted as rollol•:s : Carried drianimously Prohibition of Bathing ar,d SwimT P.V in Six Mile Creek at Van Nattat5 la-, Bv Al derl�an Nichols : Seconded by " iderman Saccucci Crdinance No . 78- 1 An C'_-C"lrance amenjini Chapter Q entitled "Public Safni 'n - of the ` itv of Ithaca municipal Cede SE 17 CKPI14hp %\p K T ON 1he Con-on rr Ancil of the City of •Ithaca , New York , as follows : Section 1 . T! aj scctjon t-, . _1 'n t 1 t l el -i1p `sl r ' 1 '` , _ ` C 1 148 - 3 - Au`q , , 19 -8 A. The last sentence of 5eccion B ("Prohibited Act_" ) shall read . "No persons shall Kathe or onter the waters of Van Latta s Harr. on Six-Mile Creek in the City. " Section 2 . This Jrdinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3 . 11 (B) of the City of Ithaca Municipal Code . Discussion followed on the floor . AVOW vote on the resolution resulted as foIlows : Carried Unanimously i Ni g h t P-1 r'.<ing ,, Alderman Nichols : Seconded by alderman Dennis Ordinance No . 78- 13 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 Section 60 . 42 entitled "All -night Parking" is hereby amended as follows : A. Delete the last item (Giles Street -Hudson Street to 400 ' S . E . of Columbia) frcm Schedule A, which lists areas where parking is permitted for up to twenty- four hours daily . Section 2 . This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3 . 11 ,31 of the City of Ithaca Municipal Code . Carried Jnanimously Taxicab Ordinance .alderman Nichols reported that she and Alderman Boronkay had met with the Taxicab Commission. She expects to have a preliminary report from them in the future . Designation of Former Ithaca Gas Works Retort Building as Historic Landmark By _alderman Nichols : Seconded by alderman Dennis WHEREAS , at a meeting on May 8 , 1973 , following an advertised public hearing the Ithaca Landmarks Preservation Commission formally voted to designate the former Ithaca Gas Works Retort Building at 323 - 336 lest Court SLreet as a City Landmark for its part in the economic and cultural development in the City of Ithaca , and WHEREAS , at a meeting on July 25 the City of Ithaca Board of Planning and Development formally approved the designation and recommended that the Common Council designate the former Ithaca Gas Works building as an historic landmark. NOW, THEREFORE , BE IT ORDAINED AND ENACTED by the Common Council That Chapter 32 ("Landmarks Preservation") of the City of Ithaca Municipal Code of Ordinance shall be extended to include the former Ithaca Gas Works Retort Building , a 2- 1/2 story building at the corner of Court and Plain Streets , and that this designation shall take effect immediately and in accordance with law upon publication in the official newspaper. Discussion followed on the floor . Alderman Bordoni presented a petition containing 17 signatures of persons who do not think the old gas works located at Court and Plain Streets in Ithaca , N . Y , should be designatedan historic landmark . A vote on the resolution resulted as follows : :dyes QI - Dennis , 3orOnkay , Slattery , Saccuccl , Nichois .a;:'s (2 ) - Bordon , Bootnroyd _ ,wnt ( T Kutenbe rge r Holman , Meyer _arrio, .` C] 14J- Ithaca Co,Lmons Rules of Procedure Alderman Nichols reported that when the peripheral streets are compiet :Id the Charter and Ordinance Committee would like to suggest that the Rules of Procedure be given some more formal status , possible be an ordinance , so that there will be a ready reference . The Committee wail pursue the matter. Parking Spaces for Handicapped Persons v _'alderman Nichols : Seconded by Alderman Slattery WHEREAS , the State of New Fork has mandated that all municipalities notify handicapped persons of their rights to obtain a special permit allowing them to park in spaces provided for handicapped persons , and WHEREAS , the Common Council desires to make the Central Business District a safe and welcoming place for handicapped persons ; NOW, THEREFORE, BE IT RESOLVED, That the Board of Public Works is directed to select and establish a parking place suitable for the use of handicapped persons , and BE IT FURTHER RESOLVED , That upon selecting the parking space to be allocated for this purpose the Board of Public Works and the Traffic Engineer shall cause proper notification to be made to the Common Council . Q Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously PLANNING AND DEVELOPMENT CM\!TTTEE : Peripheral Street_ Bike Racks By Alderman Dennis- Seconded by Alderman Boronkay WHEREAS , the Peripheral Streets Project is now under construction , and WHEREAS , there is a need for additional bike racks in downtown , and iHEREAS , the Cit;,- :n-ineer and the Director of FlanninE and Devela m. have agreed that [Ike racks could be added to the Peripheral Street - Proj ect ; NOW, THEREFORE , BL IT RESOLVED , That this Common Council , upon recom- mendation of the Planning and Development Committee , does direct the Board of Public Works to add bike racks to the Peripheral Streets Project . BE IT FURTHER RESOL 1'ED , That the siting and des"_ 'on of these bike racks -he developed by the Director of Planning and Development and the City- Engineer. Discussion followed o:? the floor . A� vote on the resolution resulted as follows : Carried Unanimously Peripheral Streets Al Berman %enn Seconded by Alderman Boothroyd �NEREAS , the firs p},ase e- tl,e capital project i=vn as the Peripheral Streets is now under ccr'= 2ruction , and 1%;` }=RLA= S . _add Alter,, to I for S95 , 9S0 which mould provide for all brick �_ idewaiks , has been cor_sdered : THEREFORE , BE 11 RESOLVED , That , upon recommendation of the Planning � e1c)m e n t Co_-"M tteeI =,lternate 1 not be accepted , and that the roiect be built with co;,c � ete sidewalks and brick- accent strips . arried unanimously rc i ..1 =oriir S�ud� ?' �E i: r. ,ir: :il it 1 .. FA 10% � C1UnC1 1 1:x_ I E'V .O U c l� U? ,'e l . e E? ne �'? �1'.;r lh !7:d � .'�'e l O p- ,T,e n t ''<'j�:� r i-'.1 e I 1 t t o ti:ldc-rtake a stlldN o ft }?E: C.l' :.IilerC ? a1 = -P.ef� ? n the Clty and to } rc'i are 1-E P.da-! i - r alP'( T'Ients tC e C? . ? r:; "il;Cc OT t}i C" 11" C 150 E , Air,!, . t E 9 5 �rHEREAS , changes in the --oning ordinance should he made in accordance th a pre - determined strategy for which the coning ordinance act as an impleTentatlon tool , and WEIEREAS , a ma� or chance in the ,=ink ordinance should be preceded by a thorough survey of the --ones in the City to be changed, and WHEREAS , in consideratiori of the ahove , the Director of Plannin; and Development has recommended that any overall amendment to the Commercial districts in the City be postponed until such time as strategies for the various commercial areas in the City can be developed , and .IIFt.T a.S , i t, may he necessary t - i's d Changes to the COm!?':� rCi al ones w w in the Cite' on a case-by-case Sias is , NOt`v , THE REFO 'E , BE IT RESOLVE-D , That this Common Council , upon recom!n�2nda- tion of the Planning and Development Committee , does direct that the citywide study of commercial zoning be postponed until such time as strategies are developed for the various commercial areas in the City. BE IT FURTHER RESOLVED , That this Common Council may, however , consider changes to various commercial areas in the City on a case-by-case basis, if it can be demonstrated that such cases can be made in the absence of an overall study. Discussion followed on the floor. A vote on the resolution resulted as tolio: s : Carried Unanimously Mu-1iClval Power By Alderman Dennis: Seconded by Alderman Slatter%- WHLREAS , the City has previously undertaken a pre- feasibility study of municipal rower , and *" P,"Ht:Rr:'.S , the City Attorney has been directed by Common Council to continL, research on this subject , and WHEREAS , the City Attorney has requested 51500 in additional funds to hire another attorney to assist him in his work , and WHEREAS , the Planning and Development Committee of Council has recommended that this issue be referred to the Budget and _administration Committee of Council with its support for consideration of the required 51500 . yOt',', TEEREFORE , BE IT RESOLVED , That the issue of the $ 1500 for the further study of municipal power he referred to the Budget and Admini - stration Committee . Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (S) - Nichols , Dennis , Slattery Nays (4) - Bordoni , Boothroyd , Boronkay, Saccucci Absent (3) - Gutenberger , Holman , Meyer Motion Defeated Nuclear Waste Disposal By alderman Dennis : Seconded by Alderman Slattery TVHEREAS , the Finger Lakes portion of the Salina salt formation , includin�-'" parts of Tompkins County, is currently being studied by the Federal Department of Energy for potential development as the first national nuclear waste repository ; and WHEREAS , the Finger Lakes Region is a valuable recreation and farming area and Tompkins County contains, in addition , a prominent educational and cultural center , and WHERE'A'S , the )oteritial aan;er of nuclear :,iaste disposal is great , salt laS Jt wet been. ?�t;lhl shed as an adequate geolou '_cal m'::' im , no 15.1 determination has been made that such storage will provide and no technology has yet been demonstrated as workable for safe C"I-pcsal ; RESOLVED, upon recommendation of the Planning and Development Committee and the Environmental Commission , That this Common Council hereby- o;--noses further study of the Finer Lakes Region including the County of Tonpl:ins as a repository of nuclear waste and location of a disposal site in said region and County . RESOLVED, FURTHER , That copies of this resolution be forwarded to Governor Hugh L . Carey , NYS Energy Office , United States Department of EncTcy Senator Jacob Javits , Senator Daniel Moynihan , Congressman Mathew McHugh , Congressman William F. Walsh , New York State _tissemblvman Garr A. Lee . New York State Senator William T. Smith, and the legislative bodies of adjacent counties . Discussion followed on the floor. vote on the resolution resulted as follows : Carried Unanimously Hlllview Park (� Bv Alderman Dennis : Seconded by Alderman Slattery (� WHEREAS , the City has applied for and received Pc -t I approval for Neighborhood Park Land Acquisition funds to purchase the property of South Hill known as Hillview Park site owned by James Gardner , Jr . , and WHEREAS , the City has extended the one -year lease agreement on a month- to-month basis , and WHEREAS , the City has also applied for Heritage Conservation and Recrea- tion Service funds for the development of the park which requires t}: t the City have ownership of the property to receive approval for such funding, and WHEREAS , the City has set aside 516 , 000 for the acquisition of this property; NOW, THEREFORE . BE IT RESOLVED, That the Common Council authorise -_ es and bounds survev of the Gardner property and request fror.; the State Department of Housing and Community Renewal early acquisition approval of Part II of the application . RESOLVED , FURTHER , That the Common Council authorize the City Attorney to proceed with acquisition of the Gardner property . Carried Unanimously CE-TA Proposal By Alderman Dennis : Seconded by Alderman Boothrovd 161EREAS , the Common Council is dedicated to the concept of citizen participation , and KHEREAS , the Neighborhood Housing Services model requires an acti-.-e community orcani _- atior_- : r1FR;___FORE , BE 1T RF.S:')LVED , That t e C c:nmon Council approves the su~r,i s s i on o: a CETA propc�al for vi,o l o,T:,,iuo %-\' C r"an-1— OZ the Southside Neig hr)c)rhoods . scussion followed C!r: ` } E A �,ote on the resolution Resulted follows : Carried Unanimous Iv `te; ''hen W, Jacobs - Exrres' or. of Svmnat}_.v (:. :;ic:.i I tT?T]i � L: _C`1 p:' 1 E.T r r a t } T-C�,d , ` :M. t :.E dE at}! O� Stf'}-.} E-L 11 , c. �.'�'_ 01; I �.E'crlaV' , AU�u�T 19 , F! It'�Clii � the lc c, of a cr>on iii:. '�' _' ��:it . gat r. oft :;?i. cihi TO rd1r) t!iE C`eaUtV PT Td IStOrIC herlta�,,e of i, nlch t};e l.ltv CI Ithaca is I-011d , tInd 1-52 WHEREIkS , Mr . Jacobs served the community in theso endeavor-; through hl*S act v and leading role ;)n nuhl and communL"'V jT'jan-L-_at1on_-; a�- T t -anrlMd Pre- e r v at : o a m:1 1 n lllstOrLc Itha l t F eT U t H LS t 0 T-j'L-C a I Society , and the Area Bea-Lit i i 1 c a t ',D n Counc ' I , an,j WHERE S , Mr . Jacobs was instrumental in developing the City o 'i Ithaca Landmarks Preservation Ordinance , and served as m e7,-i D e - of the Ithaca d t 1 t ?reservation "omm].s s Lori �,ih ch ad7Tn 1 2 r S +-h e o rd I r an -e t 0 r a -a r, e a j e n�:e i '_-s inc- i(3 n L )n of the Ciltv' s dr, ­ Lrec , 111 L' L and \i a s a Former Chairman of that C o :L S 3 1 0 F1 NOW, THEREFORE , BE IT RESOLVED , That the Common Council of the City of I t , aca does express to his wi f e and fam its heartfelt appreciation his service to the Cite and Comi,,ninLity , and Its sincere cond.-) Lences )n his deatlli , and BE IT FURTHER RESOLVED , That this resolution be spread on the minutes of this meeting , and that a copy of the Resolution be sent to his wife . Carried Unanimouslv INTERGOVIERNtiIENTAL RELATIONS CO�DIITTEE : Alderman Slattery informed the Council that --here will be a meeting on Tuesday , August 22 , 1978 at 7 : 30 p . m. in the Board Room of the Town of Ithaca. He requested the City Attorney or his designee to attend , as the committee has arrived at a point where legal assistance is needed in drafting an agreement . Alderman Slattery also informed the Council that Stearns and Wheler, consultant to Board of Public 'Works , will he making a re-oort to the Board Public Works and Common Co unc 'L I on August 15 , 19 '8 , at 1 : 50 p .m. in Corimoq Council chambers . :-,,_P0R'1S '-'.F SPECIAL CO�NITTEES : Labor-\faaagemer, � Health insurance L-ommitte-, 0,1 By Alderman Slattery : Seconded by Alderman Dennis 7 WHEREAS , on December 7 , 19 thi_ Common Council authorl :ed an agreement, wit;-: the Independent Risk Management Group , Inc . to investigate the ^ossibilities of a new health insurance plan : and AlLREAS , the Labor-Management Health Insurance Committee has reviewed the consultant ' s recommendations ; and 'MIEREAS , on July 20 , 1978 , the Labor-Management Heaitht Insurance Committee unanimously recommended that Common Council implement Part I , Health Items a through F , inclusive of Section 11 , Summary of ConclLls 4.o Ti--; anti Recommerida- ticns of the Report on Employee Benefits THEREFORE ,' � , BE IT RESOLVED , That the recommendation from the Labor Management Health Insurance Committee be referred to the Budget and limi A I . nLStration Committee for further action. A vote on the resolution resulted as follows : ayes (6) abstention (1) - Boothroyd (possible conflict of interest) Absent Gutenberger , Holman , Meyer Carried NEW BUSINESS : Request for Limit of railroad cars Alderman Saccuc-cli urged the Council to respond to the appeal of mian,, people of the community to request Conrail to limit the number Or cars to 50 or less . Alderman Holman arrived at 9 : 16 p . m. Motorcycle Noise - Maple Ave . Drvden Rd. Intersection Alderman Nichols reported th,,.L---she--Ii-a-d-r—e--c-e-i-ve-Eseveral calls complaining of the motorcvcle noise at this intersection . Mavor Conley "n e I' n­ t 0 ice . � �:' e _,DmpLaintl-_� to the -1 --- f , ol ' U Coir..,Iunication with Conrail Alderman Slattery commented he believes the Planning Director and Boa1d of Public Works should identify a list of items to be discussed with Conrail- and the Interstate Commerce Comr�_ittee . Resolution By Alderman Slattery : Seconded by Alderman Boronkay RESOLD"ED, That the matter of identification of items to be discussed i;4th- Conrail and Interstate Dept . of Commerce be referred to the Planning Director and Supt . of Public Works . Carried Unanimouslv CONTROLLER' S REPORT : Cite Controller Daley alerted the Council to some financial problems they will be facing in connection with the coming year ' s budget : Parking Lot E (next to T . G. Miller ' s) - The Department of Public Works is prepared to move ahead with that project , but they need $50 , 000 . Hangar Theatre Improvements - $22 , 685 is needed to accomplish half of the d- project , and if the entire project is completed, another 521 , 560 will be required. As of July 31 their account showed a balance of 846 , 000 ; however some of that' rs encumbered so they may have to come back to the LLJ Council for a determination of whether or not to finish the jroject . Q Green Street Ramp - The consulting engineers have reported that preliminary maintenance work will cost 528 , 000 . They recommend coating of the two top parking levels and bridge level which will require an additional $135 , 000 . Mayor Conley commented on the shortage of parking at Cass Park and asked that the Council consider additional funds which would permit the parl.in lots at the Hangar Theatre to be completed. Resolution B� Al Berman B otnrc�d : Seconded by .41 _erman Saccucci RES01-VED , the rat .-e_ of add tonal fur:ds to comT_ ete the pa?-kin; _ ct . the Hanc-ar Theatre be referrer. to the Budget and A m'nistratlon Co? ` : t ' e , for repot back at the Sertember meeting of the Council Carrier'. unanimously Charging for Parl:ir.g at Cass Park Alderman Slattery 1.,^,:tiered , in view of the tremendous expend- at Cass Park, if there would be a possibility of charging for parkin_ ti ere to help offset the expenditures . He asked that it be discussed by the Budget and Administration Committee when they review the request for additional funds . ADJOURNMENT : On a motion the meeting adjourned at ° : 30 p . m. _ a �c �epr. A . Rundle , itj �,�er� � rdwara J . or,_ e� �. c�r 155 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting September 6 , 1978 PRESENT: Mayor - Conley Aldermen (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Holman , Meyer, Nichols , Slattery ABSENT : Al rman (1) - Saccucci OTHERS PRESENT : City Controller - Daley Fire Chief - Weaver Building Commissioner - Hoard City Attorney - Shapiro Supt . of Public Works - Dingman City Engineer - Cox City Clerk - Rundle PLEDGE OF ALLEGIANCE : Mayor Conley led all present in the Pledge of Allegiance to the American flag. MINUTES : By Al erman Dennis : Seconded by Alderman Bordoni RESOLVED, That the Minutes of the August 2/August 9 , 1978 meeting be approved as recorded by the City Clerk. Carried Unanimously COMMUNICATIONS : Fro posed re-zoning- - Letter from Patricia M. Carlson, 407 N. Aurora St. A letter addressed to Members of the Common Council was not read because copies had been given to each alderman. Resolution By Al erman Nichols : Seconded by Alderman Slattery RESOLVED, That a letter concerning possible study of re- zoning of a residential area north of Court Street from R- 3 to B-1 from Patricia M. Carlson be referred to the Planning and Development and Charter and Ordinance Committees . Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL : Ordinance 9272 . 1 Entitled "Weeds and Grass Regulated" Mrs . Judy Best , 123 Campbell Avenue , addressed the Council , requesting some form of legislative relief from a problem with the City Department of Public Works arising from what she considers to be a case of selective enforcement of the city ordinance , and from what she considers to be an arbitrary and capricious application of this ordinance . She is part owner of an undeveloped lot at 218 Fall View Terrace . The City received a complaint about the condition of the lot . Alderman Nichols asked that any action be suspended until the Charter and Ordinance Committee can develop a regulation which is more in keeping with today' s thinking. Mrs . Pauline Darrett , 226 Fall View Terrace , addressed the Council , requesting the City to remove a wall of half dead Sumac from the lot in question which is adjacent to her property. Kiosks on Ithaca Commons Peggy Underwood, Vice Chairman of the Commons Advisory Board, addressed the Council requesting approval of redesign of the third side of the kiosks on the Commons so they will be more useable , and asking the Council to appropriate the funds for materials and labor to have the three kiosks reconstructed (5206 . 04 ) . Resolution By Alderman Slattery : Seconded by Alderman Boronkay RESOLI'EP , That the Council approve the redesign and reconstruction of the 156 - 2 - Septemher 6 , 19-S three kiosks on the Commons , as requested , and that the Department of Public Works change the Commons Maintenance Account to provide the funds requested. Carried Unanimously Lights for Softball Fields at Cass Park Mr. Harry Evans , 412 Hector Street , Commissioner of Ithaca Amateur Soft- ball League , addressed the Council , asking if the City can raise money from this year' s budget to start construction on the lights for the soft- ball fields at Cass Park so that they will be ready for April 1979 usage . He said the Softball League has $10 ,000 in their treasury which they will give to the city if the construction on the lights is started this year. In addition , he said the Electrician' s Union will donate $SS , 000 in labor,..,,, on the project . Discussion followed on the floor. Resolution By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That the request concerning lights for the softball fields at Cass Park be referred to the Budget and Administration Committee and the City Engineer, and be given as much consideration as is given to the Hockey Association. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE : Responsibility for Removing Excessive Vegetation from Private Property Alderman Nichols reported that the Regulation of the Board of Public Works is in variance with the entry in the Zoning Code and in the Housing Code which describes how private property is to be kept in the City. The Charter and Ordinance Committee would like to have the issue referred to the committee , and any action concerning vacant lots suspended until the committee can come up with better legislation which will take into account the new ideas for preservation of wild lands and removal of noxious weeds provide definitions , etc. Resolution By Alderman Nichols : Seconded by Alderman Meyer RESOLVED, That the issue concerning removal of excessive vegetation from private property be referred to the Charter and Ordinance Committee for review, that any action concerning vacant lots be suspended until the committee can provide legislation to cover same , and that the Mayor be authorized to communicate with the Department of Public Works , asking them to suspend enforcement of the regulation pending further study by the committee . Carried Unanimously MAYOR' S APPOINTMENT : Mayor Conley reported that John Capowski had resigned from the Environ- mental Commission, that the Commission had recommended the appointment of The Rev. Earl Arnold to fill the vacancy, and asked the approval of the Council . Resolution By Alder-man Nichols : Seconded by Alderman Slattery RESOLVED, That the Rev. Earl Arnold, 121 Prospect Street , be appointed to the Environmental Commission to fill the vacancy caused by the resignation of John Capowski , for a term to expire December 31 , 1979 . Alm Carried Unanimously CITY CONTROLLER' S REPORT : Budgets City Controller Daley reported that all budgets are in except Department of Public Works , including Water and Sewer Budget , and the Police Depart- , ment Budget , and commented that the Committee can do very little until these budgets are in hand. Bond Anticipation Note City Controller Daley reported that Bond Counsel had mailed the note and resolution that day ; the Fall Creek Project may be bid the first week in October. - 3- September 6 ,1 D� 8 Transfers from Contingency Account City Controller Daley reported that there have been many transfers from this account , the transfers of that day of $51 ,000 exceed the balance in the account ($47 , 000) . He was charged with locating funds to cover the difference so he reviewed the Capital Projects and found that several of them could be closed out , thereby providing $59 , 341 to be turned back into the Contingency Account . Following are projects which Controller Daley feels can be closed out : Urban Renewal Traffic Loop $1911000+ West Hill Access Road 5 , 000 Glass Recycling 43,613 Manos Lake 556 Bikeways System 5 , 000 Health Facility 10 , 000 West Clinton Improvements 10 , 000 Hudson Street Improvements 5 , 000 59 , 341 Aldermen Holman and Meyer expressed objection to closing out the Bikeways System project inasmuch as Planning Department and the Department of Public Works have been requested to prepare signage for the project. Q Discussion followed on the floor. CHARTER AND ORDINANCE COMMITTEE: Taxicab Commission Interim Report Alderman Nichols reported that the Taxicab Commission expects to have an open meeting in October and referred to the Interim Report which was attached to the Agenda. Prohibition of Parking on Giles Street By Alderman Nichols : Second-e-& by Alterman Boronkay Ordinance No . 78-14 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 Section 60. 42 entitled "All-night Parking" is hereby amended as follows : A. Insert in Schedule A, which lists areas where parking is permitted for up to twenty- four hours daily , the following location: Giles Street , north side only , from Hudson Street to approximately 450 feet southeast of Columbia Street Section 2 . This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3. 11 (B) of the City of Ithaca Municipal Code . Carried Unanimously By Alderman Nichols : Seconded by Alderman Slattery Ordinance No . 78- 15 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 SOs"4is entitled amended"Parking asProhibited in Desig- nate d Location A. Add to Section 60 . 43 ("Parking Prohibited in Designated locations") Giles Street , south side , from Hudson to State Street ; Giles Street , north side , from Number 217 to East State Street . Section ? This Ordinance shall take effect immediately and in accor(.1ance with law u})c,n publication of a notice as prox, ld •d in Sect ion , 11 ( B) of tit ( its ri It !,ara llunici ;'al COLIC . 158 September 6 , 1978 Discussion followed on the floor. A vote on the resolution resulted as follows : - Bordoni , Boothroyd, Nichols , Dennis , Ayes (8) Boronkay , Slattery , Gutenberger , Holman Nay (1) - tileyer Absent (1) - Saccucci Carried Parking Space for Handicapped Persons ard Alderman Nichols reported that the $O for handicapped persons °f Public Works has taken notice of the Council ' s request for a parking s ace and the Traffic Engineer is selecting New State Construction Code Mandatin Energy Conservation passed a Alderman Nichols reported that the ataconsegvationrisrmandated. There new construction code in which energy . at the fore , in the future the Building Commissiolnewhhousinglinkthe City. energy conservation characteristic of projected PLANNING AND DEVELOPMENT COMMITTEE : Cherr Street Industrial Park Alderman Nichols employ- By Alderman Dennis : Secon ed by WHEREAS , economic development ? including firms e oeexpand, and sattraction ment , satisfaction of the .need for of new industry is essental for the continued economic vitality of the city , and WHEREAS , the Planning and Development Department has been directed to h mechanisms as are pursue these goals available , including through such the examination of possible outside funding sources , an WHEREAS , the Cherry Street Industrial Park proposal is designed to of the City of Ithaca, accomplish, in part , the economic development goals THEREFORE , BE IT RESOLVED , That Common Council hereby authorizes the t to make application for financial and Development Departmen Planning d Cherry Street Industrial Park to the Farmers assistance for the propose alachian Regional Commission. Home Administration and the App Carried Unanimously Farmers Home Administration Re : AldermantBoothrodustrial Park By Alderman Dennis . Seconde y public body) WHEREAS , the City of Ithaca Common Council (hereinafter called desires to obtain financial assistance froFarmers Homn 3lO1Blofr the on , United States Department of Agriculture , pursuant for the p p providing Consolidated Farm and Rural Development Act , purpose of p g funds for the development of the Cherry Street Industrial Park (herein referred to as the facility) and as a condition to and in consdderation of receiving financial assistance from the Farmers Home Administration this resolution is being adopted. THEREFORE , in consideration of the premises the public body agrees as follows : 1 . No private business enterprises ncy wouldabe°calculated to or is the facilities if such use or occupan y esult in the transfer from one areah t a of the priva likely to r business employment es i activity provided by operations not be c business enterprises but this lhelfacilityhbylsuch private business._,, prohibit use and enjoyment of t enterprises in the case of an eXPwnbranchf affiliatebuornsubsidiary through the establishment of a if the establishment of such branch , alinetherareasofloriginal not result in the increase in unemployment location or in any other area where such entity conducts business operations unless there is reason to whth the affiliate of affiliate or subsidiary o g in the closing down the operations of the existing business entity area of its original location or in any other area where it conducts such operations . -S- September 61W8 2 . No private business enterprises shall be allowed to use or occupy the facilities if such use or occupancy would be calculated to or is likely to result in an increase in the production of goods , materials , or commodities , or the availability of services or facilities in the area, where there is not sufficient demand for such goods , materials , commodities , services , or facilities , to employ the efficient capacity of existing competitive commercial or industrial enterprises , unless such financial or other assistance will not have an adverse affect upon existing competitive enterprises in the area. 3. Prior to allowing the use or occupancy of the facilities by any private business enterprise , the public body shall clear such use or occupancy with the Manpower Administration , Department of Labor , Washington, D. C. , by submitting information required by the Depart- ment of Labor for certification under the Act. The public body agrees to make no final commitment with any private business enterprise regarding such use or occupancy if the Department of Labor issues a negative certification under the Act. The public body shall obtain prior clearance in this matter for a period of three years after 17-1 the date of an affirmative certification by the Department of Labor on the application for financial assistance now pending before the Farmers Home Administration. This resolution shall be in force and effect immediately. Q The voting was yeas nays absent Name of public body Carried Unanimously State Street Truck Traffic By Alderman Dennis : Seconded by Alderman Gutenberger The following resolution was presented by an E . State Street resident to .Alderman Dennis , to be referred to the City Attorney to negotiate with the New York State Department of Transportation : Section 1 . The Common Council of the City of Ithaca hereby finds and declares that heave truck traffic in residential neighborhoods is a public nuisance , resulting in high levels of noise for residents at all hours , extreme hazards for pedestrians , other drivers , and residents , and excessive wear and tear on City streets which are maintained by the taxpayers of the City of Ithaca. Section 2 . It shall be the policy of the City of Ithaca to elimi- nate , insofar as possible , all heavy truck traffic from residential neighborhoods . Section 3. Under authority of g1640 (a) (S) of the Vehicle and Traffic Law of the State of New York , we hereby direct that a sign be erected at the entrance to the City of Ithaca at East State Street saying Trucks Over 8 Tons Prohibited Trucks Use Alternate Routes into Ithaca Further, we direct that a sign be placed at the foot of State Street , for Eastbound traffic East of the intersection known as the Tuning Fork , saying No Trucks Except Local Deliveries 160 - 6- September 6 , 1978 Section 4 . In order to assist in the implementation of these rules , we hereby direct the Mayor to request the New York State Department of Transportation to erect a sign for Northbound traffic at Exit 8 on Inter- state Route 81 saying Truck Traffic to Ithaca Use Exit 11 Route 13 23 Miles Ahead Section S . Insofar as is necessary for the performance of their duties , trucks belonging to any governmental unit are excepted from thes provisions . Carried Unanimously West Green Street/North Tioga Street Commercial Area By Alderman Dennis : Seconded by Alderman Boronkay WHEREAS the West Green Street Commercial area of the city has been experiencing changes which need guidance for future development and re- development , and WHEREAS, the North Tioga Street area of the city is experiencing pressures for conversion to uses other than residential , and WHEREAS, these two areas are important to the city and their logical growth and change is crucial in determining the city ' s future , and WHEREAS , no change in land use enforcement policy is possible without a` thorough study of the areas and the eventual development of plans for future uses , NOW, THEREFORE , BE IT RESOLVED , That the Planning and Development Committee request the Planning and Development Board to initiate studies and develop plans for the North Tioga Street and West State Street areas to guide an'" determine the appropriate future uses of these areas . Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (8) - Bordoni , Nichols , Meyer , Gutenberger , Boronkay , Slattery Nay (1) - Boothroyd Absent (1) - Saccucci Carried Route 96 - Train Control - Traffic Alderman Dennis reported that the committee has been in contact with other cities having similar problems with traffic being held up for long periods of time by trains , many of which have experienced coopera- tion from the railroads at critical times in stopping the trains for certain lengths of time . The committee plan to investigate that within the next few weeks . Application for Small Cities Grant Mayor Conley reported that Congressman McHugh notified him that Ithaca' s application for a Small Cities Grant has been approved in the total amount of the application (1 . 96 million dollars) . He commended the Planning arm, Development Department staff for their effort in preparing the applicat i. BUDGET AND ADMINISTRATION COMMITTEE : Capital Projects By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the Urban Renewal Traffic Loop project be reduced by the amount of $19 , 172 . 03. Carried Unanimously By Alderman Gutenberger : Seconded by Alderman Boothroyd RESOLVED, That the West Hill Access project be closed in the amount of $3 , 000 . - 7- September 6161-8 Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That the project , Glass Recycling , in the amount of $4 ,613. 62 , be declared closed. Carried Unanimously By Alderman Gutenberger: Seconded by Alderman Boronkay RESOLVED, That the Manos Lake project in the amount of $556 . 12 be declared closed. Carried Unanimously By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the project , Bikeway System, in the amount of $5 ,000 , be declared closed. Discussion followed on the floor. A vote on the resolution resulted as follows : (� Ayes (5) - Bordoni , Boothroyd, Nichols , Gutenberger, Slattery Nays (4) - Meyer, Dennis , Holman , Boronkay Absent (1) - Saccucci Carried By Alderman Gutenberger : Seconded by Alderman Bordoni RESOLVED, That the project , Health Facility, be reduced in the amount of $10 , 000 . ' Carried Unanimously By Alderman Gutenberger : Seconded by Alderman Nichols RESOLVED, That the project , West Clinton Improvements , in the amount of $10 , 000 , be declared closed. Carried Unanimously By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the project , Hudson Street Improvements , in the amount of $5 , 000, be declared closed. Carried Unanimously Creation of a Capital Project for the Green Street Ramp Repair and Transfer of Funds for the Project By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That there is hereby created a capital project to be known as the "Green Street Ramp Repair," and BE IT FURTHER RESOLVED, That $25 , 000 be transferred from A1990 Contingency Account to said project. Carried Unanimously Transfer of Funds for Repair of the Cass Park Rink Roof By Al erman Gutenberger: Seconded by Alderman Dennis RESOLVED , That $4 , 500 be transferred from A1990 Contingency Account to A7180B- 407• Cass Park Rink and Pool Contractual Services for the repair of the Cass Park Rink roof. Carried Unanimously Transfer of Funds for the Installation of Acrylic Panels at the Cass Park Rink By Alderman Gutenberger : Seconded by Alderman Bordoni RESOLVED , That $1 ; , 000 be transferred from A1990 Contingency Account to, A7180B-407 Cass Park Rink and Pool Contractual Services for the installa- tion of acrylic panels at the Cass Park Rink . Carried Unanimously 162 - 8- September 6 , 1978 Authorization to Execute an Agreement for the Health Insurance Consultant and Transfer ot Funds or Payment By Alderman Guten er—g—er Seconded by Alderman Dennis RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Independent Risk Management Group , Inc . to provide consulting services for the City' s health insurance program, the amount of said contract not to exceed $12 ,000 for twelve month' s services , and BE IT FURTHER RESOLVED , That $4 , 500 be transferred from A1990 to x1010-41 Legislative Board - Contractual Services for the remainder of the 1978 fiscal year starting October 1 , 1978 . Carried Unanimously _.=_ - Charge for Parking at Cass Park Alderman Gutenberger reported that the Committee had briefly discussed charging for parking at Cass Park and for many reasons had decided not to consider it at this time . Expungement of Penalty on City Taxes By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED , That the request by Mr. Gregory B. Press for expungement of the penalty charge on the 1978 City Tax bill for the property located at 509 South Cayuga Street be approved. Carried Unanimously Award of Bid for Voting Machine By Alderman Gutenberger : Seconded by Alderman Slattery RESOLVED, That a contract be awarded to AVM Election Systems Division, AVM Corporation , for furnishing the City of Ithaca with one new voting machine for the total net sum of $ 2 , 154 in accordance with the terms of their bid submitted on August 28 , 1978 . Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee in the total amount of $22 ,967. 67 as listed on Audit Abstract #15- 1978 be approved for payment. Carried Unanimously Bikeways System Alderman Meyer expressed concern that action on the project , "Bikeways System" was taken; that the policy rested on an action that was expected to be done which wasn' t done , and to include it in the list of projects to be closed out makes it a separate kind of decision. Alderman Meyer said she took issue with the action. HUMAN SERVICES COMMITTEE : Alcoholism Report Alderman Bor oni reported that the Human Services Committee will receive a report from the Alcoholism Council of Tompkins County which involves a request for $ 3, 500 from the City for the recovery and rehabilitation program. He asked that the committee read the report carefully and be prepared to discuss it at the next meeting of the committee . INTERGOVERNMENTAL RELATIONS COMMITTEE : Notice of Meeting Alderman Slattery informed the Council that the committee will meet with Town of Ithaca officials and Board of Public Works members on Wednesday , September 27 , 1978 , at 7 : 30 p .m. in Common Council Chambers to discuss emergency Raw Water Supply. Letter from Noel Desch Alderman Slattery requested that. the letter from Noel Desch and considera- tion of the critical decision points of the Greater Ithaca Waste Water Treatment Facilities Upgrading Project , be given consideration and placed on the Agenda at the next meeting of the Council . - 9- September 61 ,3 78 CIRCLE GREENWAY COMMISSION : Alderman Nichols reported that the Commission has met and are planning some activities for the fall season that will be advertised. CONSERVATION ADVISORY COUNCIL : Alderman Holman reported the Council had had difficulty having quorums during the summer months because of the absence of one commissioner who had resigned. She- commented that she finds it difficult to tell the Commission that the Bikeways System project has been closed out , and that the efforts of many persons are not going to be funded. Mayor Conley commented that he is going to investigate to see if he can get work done on the signage from existing line item accounts , even though the capital project is closed out. NEW BUSINESS : Rezoning Alderman Boothroyd formally requested the Planning Committee to have the Planning Department look into the matter of North Tioga Street , from Court Street to the creek on the east and west sides in changing it from R- 3 to B-1 and report within the next two weeks that it be done . He said that people along there who wanted that change to begin with went (\J through the process the city requires . The only way it can be changed LLJ at this point is for the Council to do it , if they want to do it . Alderman Dennis reported receiving telephone calls regarding the Five Q Corner area in the Third Ward where motorcycle problems are occurring ; and the four-way stop at Belle Sherman School where people are slipping through the stop sign on the east side , and they request that police patrol the area during the day at Belle Sherman and at night in the Third Ward. Alderman Slattery reported that he had attended a two-hour meeting at the County Court House along with the S. P. C.A. and the county representa- tives at which materials were distributed which should have gone back to the Charter and Ordinance Committee . New rules and regulations have been established by the Agriculture and Markets Law that allow the City of Ithaca to charge more for penalties and fines for stray dogs picked up , He said he would bring the materials to the next meeting of the Charter and Ordinances Committee . Alderman Bordoni asked if the city has a workable Noise Ordinance , and reported that many complaints have been made recently about the noise in the various areas in Fall Creek. ADJOURNMENT : On a motion the meeting adjourned at 9 : 4S p .m. Jos ph A. Rundle , City Clerk Edward J . Conley , Mayor C '1'9ON COUNCIL PROCEEDINGS 165 CITY OF ITHACA , NEW YORK Special Meeting 5 : 00 P .M. September 20 , 1978 PRESENT : Mayor - Conley Aldermen (9) - Boothroyd, BOrdoni , Boronkay , Dennis , Gutenberger, Holman , Nichols , Saccucci_ , Slattery ABSENT : Alderman (1) - Meyer OTHERS PRESENT : City Attorney - Shapiro Director of Planning Development - Van Cort Supt . of Public Works - Dingman City Controller - Daley Building Commissioner - Hoard City Clerk - Rundle ADDITIONS TO THE AGENDA: Charter and Ordinance Committee Alderman Nichols requested the addition of one item, raising fee for dog licenses , to the agenda. No Council member objected. Mayor ' s Appointments Mayor Conley requested some appointments to be added to the agenda. No Council member objected. ANNOUNCEMENTS : Public Hearing Nab= Conley announced that a meeting will be held Thursday exening , September 21 , 1978 , at 8 : 00 p . m. in the Cooperative Extension Building on Fulton Street . The Community Advisory Committee will hold a public hearing on utilization of Small Cities Block Grant funds . Press Conference Flavor Conley invited all councilmen to attend a press conference to be held at 9 : 30 a .m. on September 21 , 1978 in the Common Council Chambers . The press conference has been called by the developers of the Center Ithaca project . MAYOR' S APPOINTMENTS : Ithaca Housing Authority Board Tla, or Conley requested the approval of appointment of Susan Fine to the Ithaca Housing Authority Board, to fill the vacancy caused by the resig- nation of Thomas Cusack. Resolution By Alderman Slattery : Seconded by Alderman Nichols RESOLVED, That Susan Fine , 201 Elmwood Avenue , be appointed to the Ithaca Housing Authority Board to fill the vacancy created by the resignation of Thomas Cusack , term of office to expire October 17 , 1981 . Carried Unanimously Ithaca_ Landmarks Preservation Commission mayor Conley requested the approval appointment of Tatiania Web Z 7 to the Ithaca Landmarks Preservation Commission , to fill the vacancy caused by the death of Stephen Jacobs . Resolution By Alderman Nichols : Seconded by Alderman Holman RESOLVED , That Tatiania 1� Pbizkv , S28 S . Albany Street , be appointed to the Ithaca Landmarks Preser\'ation Commission to fill the vacancy created b-,' the death of StI } c'n Jacobs , term of office to expire December 31 , 19-8 . Ca ry� e.I lr:r.nimousl�. c:onununity Advisory Committee Mayor Conley announced that he had appointed two members to the Community \dv1s, ry Commi ttee : 1 . B . (7,ravc ?jai rman of the West I=nd Merchants \�soci .it iC,n , to repre,e::* Bt._. -n i Indu> try ; and Viclk� .,­nanoff, member of Ithaca Landmarks Pre=creation Commission , to represent Historic Preservation . \DDITIONS TO THE AGENDA: Inter overnmerntal Relat ions :ommi t tee `tayor (-unley announced there Hill be a meeting in the Tompkins County Planning Office on September -- I , 19-'3 , at 3 : 00 p . m. to discuss ambulances; service . The operators of the two ambulance services have applied to the Hospital Board of Managers for subsidi ,ation of ambulance service to keep the cost of the service within the range of elderly and low- income ,:: . ^eopi . Talc; county has asked that the t ,,ns and city send representatives to the meeting in order to ascertain what t^eir commitment is and to determine the level of their financial support . Alderman Nichols volun- teered to attend to represent the city and the Mayor commented that Chairman of the Intergovernmental Relations Committee may appoint other representatives . Environmental Protection Agency Grant Supt . of Public Works Dingman announced that the Environmental Protection Agency (EPA) has approved a portion of the city ' s request for a research agreement to study the deep shaft method of sewage treatment . The city requested $500 , 000 ; the EPA has approved the amount of X350 , 000 to date ; it is expected that the additional 5150 ,000 will have been approved by mid-November. Supt . Dingman received notice of the approval on September 11 , 1978 ; the acceptance must be indicated within three weeks of that date . He asked the Council if they wished to authorize him to accept the grant as offered. Discussion followed on the floor. Mr . Dingman answered questions of the Council . Resolution By Alderman Nichols : Seconded by Alderman Bordoni RESOLVED , That the Common Council authorizes the Superintendent of Public Works to accept the grant from the Environmental Protection Agency in the minimum amount of $ 350 , 000 , and to proceed with the first phase of the Experiment . Carried Unanimously PLANNING AND DEVELOPMENT CONtIITTEE : Sale of 213 S . Plain Street Property Alderman Dennis read the following recommendation from the Ithaca Urban Renewal agency : WHEREAS , this Agency and the City of Ithaca , through the Community Development Program, have made substantial investments in the Southsid�, and Northside neighborhoods , and WHEREAS , substantial rehabilitation of the structure at 213 Southside Plain Street would not have been facilitated by normal market forces , and WHEREAS , the cost of demolition and clearing the property would have cost approximately $4 , 000 and the additional alternative of providing replacement structures would have been cost-prohibitive , and WHEREAS , the bid of $22 , 750 is considered a reasonable return on the City ' s investment ; THEREFORE , BE IT RESOLVED , That the Ithaca Urban Renewal Agency forwards this bid to the Common Council and recommends the acceptance of the bid of $22 , 750 by Mr.. and Mrs . Tony Gantt for the purchase of 213 S . Plain Street . Discussion followed on the floor. r+ September 2(; , i � ; " Resolution By .Alderman Dennis : Seconded by .Alderman Slattery WHEREAS , there has been a recommendation from the Ithaca Urban Renewal Agency to accept the bid from Mr, and Mrs . Tony Gantt for the purchase of the house the city owns at 213 S . Plain Street , and WHEREAS, a preliminary financial investigation has been made to determine the Gantt ' s ability to secure a mortgage for the property ; THEREFORE, BE IT RESOLVED , That this body accepts the bid of 522 , 750 from Mr. and Mrs . Tony Gantt for the purchase of 213 S. Plain Street and directs the Mayor and City _Attorney to execute any documents necessary for the sale of the property. Discussion followed on the floor. Alderman Holman reported that this particular piece of property had brought more telephone calls to her than any single issue of municipal power, which was a surprise to her. The calls indicated the citizens were overwhelmingly against acceptance of this bid and she asked that this be entered in the record. A vote on the resolution resulted as follows : Ayes 8 - Bordoni Boothro d Nichols Dennis Gutenbercer , Holman Q Boronkay , Slattery Nay (1) - Saccucci Absent (1) - Meyer Carried BUDGET AND ADMINISTRATION COMMITTEE : Construction of Drainage Facility Along Fall Creek By Alderman Gutenberger: Seconded by Alderman Bordoni BOND RESOLUTION DATED SEPTEMBER 20 , 1978 . A RESOLUTION AUTHORIZING THE CONSTRUCTION OF DRAINAGE FACILITIES ALONG FALL CREEK, IN AND FOR THE CITY OF ITHACA, TOMPKINS COUNTY , NEW YORK, AT A MAXIMUM ESTIMATED COST OF $ 215 , 000 , AND AUTHORIZING THE ISSUANCE OF $165 , 000 SERIAL BONDS OF SAID CITY AND THE USE OF $ 50 , 000 CURRENT FUNDS OF SAID CITY TO PAY THE CGST THEREOF. BE IT RESOLVED, by the Common Council of the City of Ithaca , Tompkins County, New York , as follows : Section 1 . The construction of drainage facilities for the purpose of providing flood protection along Fall Creek , in and for the Cit\ of Ithaca , Tompkins County , New York, consisting of approximately 1800 feet of porous wall underdrains and a new pumping station, including incidental expenses in connection therewith, at a maximum estimated cost of $ 215 , 000 , is hereby authorized. Section 2 . The plan for the financing of the aforesaid specific object or purpose is as follows : 1) By the issuance of $165 , 000 serial bonds of said City , hereby authorized to be issued pursuant to the Local Finance L21; ; and 2) By the use of $50 , 000 current funds of said City previously appropriated for the aforesaid specific object or purpose described in Section 1 hereof. Sect on 3. It is hereby determined that the period of probable use- : ess of the aforesaid specific ob_; ect or purpose is thirty years par- suar:t to subdivision 3 of paragraph a of Section 11 . 00 of the Local Finance Law , S ct "on 4 . The faith and credit of said Citv of Ithaca , Tompkins County , \cx% \. ork , are herebv 1 r : coca' i \ pledged fur the payment of the principal of and interest on such cords as the same icspectively become due and pa� ahle . An :annual apipropriation shall be r,ade in each ye,lr sufficient to pay the principal of and interest on such bonds becomin�, due anal p y;able in such year . '1'l.ere s}. li anTiJ:Lil l \ be lei ied on all the t ;l.\:lhle l (,:il propf'rt\ In ?': i I n;iy tl)f-" 1)1. 111c 1p, cf Z11"! f.. t � .•. j 168 n o , 19 7 s Section S . Subject to the provisions of the Local Finance Law , the power to authorise the issuance of an,l to sell bona anticipation notes in antic inat ion of the i ss1ian.e ind sale of the se �' ial `)orn.l herein authorized , including renewals of such notes , is hereby- delegated to the City Controller , the chief fiscal officer . Such notes shall be of such terms , form and contents , and shall be sold in such manner , as may be prescribed by said City Controller , consistent with the provisions of the Lucai Finance Law. Section 6 . The validity of such bonds and bond anticipation notes may be contested only if: 1 ) Such obligations are authorized for an object or purpose for which said Citv is not autherize(l to expend monev , or ? ) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with , and an action , suit or proceeding contesting such validity is commenced within twenty days after the date of such publication , or 3) Such obligations 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 if the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Gutenberger Ave Boronkay Aye Dennis Aye Boothroyd Aye Meyer Absent Saccucci Aye Nichols Aye Holman Aye Bordoni Aye Slattery Aye Ayes (9) Absent (1) - Meyer Carried CHARTER AND ORDINANCE COMMITTEE : _A-mendment to dog law authorizing municipalities to increase license fees By Alderman Nichols : Seconded by Alderman Slattery ORDINANCE NO . 78- 16 An Ordinance amending Chapter 54 entitled "Animals" of the City of Ithaca Municipal Code Pursuant to Section 109 of the New York State Agriculture and Markets Law BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York , as follows : Section 1 . That Chapter 54 entitled "Animals" of the City of Ithaca Municipal Code is amended as follows : 1) That a new section entitled "License Fees" and numbered S 54 . 38 to follow 54 . 37 is hereby added to said chapter as follows : S 54 . 38 License Fees The annual fee for each dog license issued in the City of Ithaca pursuant to Section 109 of the New York State Agriculture and Markets Law for dog licenses issues for 1979 and subsequent gears shall be - 5- September -U , 197���� a) Three dollars and thirty- five cents ($ 3. 35) for each male dog or spayed female dog b) Six dollars and thirty- five cents ($6 . 35) for each unspayed female dog . Section 2 . This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3. 11 (B) of the City of Ithaca Municipal Code . Discussion followed on the floor . vote on the resolution resulted as follows : Ayes (7) - Boothroyd, Nichols , Dennis , Gutenberger , Holman, Slattery , Saccucci Nays (2) Bordoni , Boronkay Absent (1) - Meyer Carried INTERGOVERNMENTAL RELATIONS COMMITTEE : Critical Decisions Plan Bv Alderman Slattery : Seconded by Alderman Bordoni RESOLVED, the Council endorses and approves of the Critical Decision (� points for develop;,lent of an administrative plan for joint intermunicipal W ownership and operation of upgraded sanitary sewage facility to be incorporated in the Step I Facility Plan required by the Environmental Q Protection Agency. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously ADJOURNMENT : 7-n—a motion the meeting was adjourned at 6 : 05 p . m. rcs e h A. Rundle , City Clerk Edward J Conley , layer 171 1 7 C 1 J 1 Regular 7 : �O P . M. October 4 , 1 -078 -T R E S EN T a o r c?n 1 e A I a C,-r jmt-� 9 J) C, 0 y d Bordoni , BoTonkay , Dennis , Gutenberger , Holr:an , er . Nichols , Slattery A _Cde T—j,,.a n S a C_c C C a �Excused) J OTHERS PRESENT: City Controller - Daley Youth Bureau Director - CU_'L_ i2 Tire Chief - Weaver City Engineer - Cox C, Building Commissioner - Hoard Chief of Police - lieTSon Citv Clerk - Rundle CO PLEDGE OF 0 Mayor— C.onlev- led present in the Pled-e of Allealance to the American -1 I'D flag . MOMENT OF SJ1 JL-� ,_-__ M-2—Vor—conle." and tree Common Council remained standing for a brief time in- memor\ he late Games Graves who served the City of Ithaca as an alderman' fc number of years , and also served on the Tompkins County Board of Re, � sentatlives . MINUTES : By Alderman Nichols : Seconded by Alderman Dennis RESOLVED , That the �`_Irutes of the September 6 . 1978 and September 20 , 1978 meetings be approved as recorded by the City Clerk. Carried Unanimously COMAMUNIC_ `JONS : Letter 1-rcr. NCE ! e F Mayor Con lev read the fo 11 ow i n c7 : "October 4 , 1978 Hon. Edward J . Conte-- , Ma)7 0 r City of Ithaca 108 East Creep Street Ithaca , New Yor!' Dear Mayor Conley : I have learned l-,icl-11-rectly that Common Council may consider the source of funding for t"­1, J-all Creek sewage effluent line at its meeting today . We trust that sewer fund surpluses will not be chosen as a Source of funding for this important project . It is clear that the overwhelTplin.'_ maloritv of Town and Citv sewer customers who have contributed to this fund g 111 not 1-�e it from the Fall C-ree), Improvement . We have seep qc that would su(' oest that the effluent line constitutes an to the waste water treatment operation . We would be pleased to discuss other fundin(, options at any time . Ve ' ", truly vour_Q Desch T o,,,,n Supervisor cc : Joseph Rundle Richbrd Daley Clinton Cotterill " \iavc)r Conley coi-ia,,1t2n! ed Thai t1le lettel- �'oulo 'Pe i 'z lle iL appears laTe-r n the a�c-nda . 172 ctohe r- 1 1 - Not i_c_e of Art Di �pl :iv l' ity Clerk R indl ,! . ' the fnilocoing comr _irl 'LO the Comm'1n. 1t�" : Friday the 15th isn ' t usually an auspicious day , but this coming one marks the beginning of an interesting innovation for the arts in the City of lthaCa . Four artists , in cooperation with the Ithaca Transit S\,'stem , . ill ?;e dis_ lgving their photographic work on the City buses . So , for six weeks , the price of a token will get you a bus ride and an exhibition . -- There will be an opening reception With two buses parked on the Commons" from x : 00 to b : 00 p . m . Friday , October the thirteenth . The artists will be present . Everyone is welcome , and we hope that all City Officers will attend . Signed: The artists : Jon Reis Jon Crispin Richard Pieper Rick Burns and The Ithaca Transit System" Mayor Conlev asked the Council to note the dates and expressed the hope that the Council will participate and take the opportunity to appreciate our transit system working with the local artists . PETITI_OVS AND HEARINGS OF PERSONS BEFORE COUNCIL : P?t1tL:�P, from resld?nts Gt Pc c2r Road -- �Iark McCasLin, 550 Spencer Road , representing the neighborhood on Spencer Road as a �Ahole , addressed the Council in respect to the effect of the Elmira Road Proiect , -Dart icul rlv the traffic lights , on traffic on Spencer Road. �Ir. McCaslin presented the l-OlIO[v"ii1` petition which was signed by 34 residents (approximately 90t ) of Spencer Road: "We , the undersigned, protest the city ' s negligent attitude toward the �a residents of Spencer Road. The lack of consideration for the environ- mental duality of the neighborhood and safety of its residents has been demonstrated in recent months on two counts in particular : 1 . installation and operation of a traffic light at the corner of Elmira Road and Spencer Road - therebv promoting a substan-ial increase in vehicular traffic ; and -- - Z . allowing removal of vegetation from the resiuent, ' property along the creek (a natural barrier to the commercial land) to make way for electric lines to serve commercial property - th(2 reby exposing the neighborhood to increased noise level and de ceasing re siGents ' privac,,-. These actions seem in direct conflict with city intent ions , as demonstra- ted by recent expenditures ; namely : 1 . widening Elmira Road to accommodate traffic and to improve traffic flow, '_ . enhancement of downtown areas and Elmira Road by new plantings of trams , 3 . purchase and renovation of neglected property to improve neighborhor and increase the city tax base . i he re f7 c, we call (-,n '?e J review and respon j t0 these concerns . " ... `favor Conley commented that he had talked with fir. McCaslin , in addition to Aldermen Slattery and Saccucci , and wishes to meet with the Planning Department staff, the aidermen and neigh=-�orhood to discuss the goals of the city and its neighborhoods and reme,'ies to its problems . _ - 1 e _ 1an t') Use O ` �'_ ?v Fu r 1 e jii D I cv e vTP_` i1 ;n� "ersi ` is ciirect:,r c - the 173 C-GnCern t t t7:e S j Ji', a j:ro;r 1 atC d L,),v the Co11nc1I for bikeway ` .. will be s,Pent on an ur_rElated project . He cited the effects of the S1 Ina _ • of bi } e„av routes : increased safety for thousands of Ithaca ider t c c1e To t're chocls parks , Co lmons and to work ; it w ' 11 i- -.- press on motorists that bicvcles are a legitimate means of transportali �n and _ .creation and at c ,clists have a ri ,ht to he on the streets , a,:c by le itimi = in sic c1E traffic , the sins will also have the effect o ell cCllra E1?l � cVc1 St. 1 _C to Ghee- traffic reoulat.ions . � a\'O: " .. e ex ci ._ed t.:4 . the f O1nC11 was seeking funs or prG to be completed this year , they were looking at monies from capital projects that have not been spent to- date and where there was little chance that it would be spent in this budget year. He said that was one reason the funds were removed , and the Finance Committee ',understands consideration would be i`, er to putting the money back into future bud`_ ts iF the plans were to be implemented. Discussion followed on the floor . Williat Burbank , member of the city ' s Environmental Commission , addressed Co the Council , savin; that for the past year he has worked with the city ® planning staff in developing the bikeway proposal , using 30- 40 hours cf his time on the plans and attempting to remove whatever obstacles exited Qto implementation of the plan . He had the impression that the plan was finally going to be implemented, therefore he expressed shock at the Q removal of the money from the budget , and expressed the hope that the Q Council woul , econsider putting the money back into the budget . Amendment tc .apter 272 of the Cite Charter Pauline Darrett , 226 Fallview Terrace , read the following communication to the Council : "Your proposal to change the City Charter , Chapter 272, because of my complaint , is totally unnecessary . Mayor Conley was responsible for the temporary restraining order because of his prejudice , and lacl, of leade - ship . One month after i made the complaint , nothing had been done . 1 the Building Commissioner. Before I could say two words to h.ir,t, he up on me . I immediately called Mayor Conley. He came out tc see There were trunT.s of trees and rubbish that had rotted . It was le the lot b-\- the developers of the Subdivision in 1960 . There were suma, tree stumps . The sumac began to fall over on my lawn. She would cop, down and chop then: off, leaving the stumps half as tall as I are;, t'-,er, throw the sumac on the lot , making piles of trash and rubbish . :'Mayor :onley saw all of this and for another month did nothing. I was calling t'nree and four times a day . He never returned my calls . I called him at his home and he hunc, up on me . It was only after I appeared at the Aur.l-- meeting and asked the Mayor when would the lot be cleaned up that an_, ' - i at all was done . The rabbits make beds for their little ones in my every year . The lot remains in an unhealthv condition . It also produces an disc rcable appearance , objectionable to the neighborhood. If there will be laws left on the Charter , Chapter 272 , that will rr ,? these `cnditions , ,ho w ll enforce these laws " ','.avor Conley asked .Merman Nichols to explain what the enforcement rc - cedu�-e mi.i ;ht be as her cor,-,mittee envisions it . - man N cIt o Is expi ,1fined the responsibility of the Department of Purl c Works for public property- and the Building 1_ 0 :tmissaoner ' s office for i-ri vate property . Pi �cussion followed on the floor . s on the Corum�ons :!L` hTOlin , ,24yl l �la ITS 1 ii t e , Off '1"e C� c: iii: I Oil t}fiat , befOl-e t t e m, t lie f 1 l', C,— o n t)-e l.']i; ! f" c�s k 11 � '� } m „�� ';, ; e a] va °d ���:'}Ia hN �` 11)11C body c, r t the 111V2i :i; 10n Oi � I1te 174 1 - Jctoher 1 , NIa%-or Conley tharnhed %is . Brown for her sug,7e< t ion and a�,reed t'Lat it is wort',- of cons idr r:it ion . ADD ! _ Ii'VS TO THE AGENDA : Environmental Commission _k1_ an Holman requested the addition of one item, a bikeways resolu- tion , to the agenda . No Co!.:rncil member obected . OMW Budget and administration Comm- - _ttee : alderman Gutenberger requested the addition of three items to the a�enL�__ as follows : CETA, Cite of Ithaca Tax Abatement and Commons advisory Equipment List . yo C until memI)er obiected. `"n' ;�I :aTIOtiS ROP.i THE �LAYOR : Boardman House Mayor Conley reported that he attended a Board of Representatives meeting which led to a committee meeting with the Board of Representatives to discuss the possibility of the city working out an agreement for the possible purchase of the Boardman House . Strand Theatre Encroachment Variance of 6" on the Marquee Building Commissioner Hoard explained that the Strand Theatre has asked for a variance of 6 inches on the restoration of the marquee for the Strand Theatre . The Encroachment Code requires 9 ' 6" and the Common Council is the only body which can grant exception to this regulation. Discussion followed on the floor. Resolution B,,, Alderman Holman : Seconded by alderman Boothrovd RESOL`v, That the matter of the request for a 6" encroachment variance,,;. be referred to the Planning and Development and Charter and Ordinance Committees for review. Carried Unanimouslv Small Cities application Public Hearing October 10 , 19 ;.8 By alderman Boothroyd: Seconded by alderman C_utenberger RLSOLVED , That the Common Council will hold a Special Meeting on October 10 , 19;8 , at 7 : 30 p . m. in the Common Council Chambers , following the Public Hearing for Small Cities application , to authorize %Iayor Conley to sign the application for the Small Cities Grant . Carried U mo ,. ; ly CH_lR`ER ND <DINAN'CE CONLMITTEE : Regulation 6-C-noxious weeds and undergrowth on private property Aider-Man Nichols reported that the committee had met twice last month , and had taken a field trip , in addition to having heard from a number of experts re wring the importance of saving natural wild areas . I_'erman t 1��1s �, sed the matter with the City attorney who advised having tre Board of Public Works retain the power over the public lands of the city and the Building Commissioner having the responsibility for private lots . With that in mind, excerpts were taken 'from the Ithaca Municipal Housing Code that refer to the area supervised by the Building Com sioner for the convenience of the Council in the event of future comp Iai ts : PART 6 - -PROPERTY �%-1AINTENANCE REQUIRE`,IENTS Ceneral requirements Residentlal pT'emis?s shall be maintaine In conform ty with the provisions of this Chapter so as to assure the .es irabl ? residential character of the property. `27 . 3- Open areas Surface and sub ;ur ace .later sh.1 1 he a rni7r _ ; lv drained to DT�fi°��t EJi L,d�ngs anti � `_ r1-'(_�'Ire'S :ind t0 pT - * ' I 1r :J Lll1 '" n Oi Sta P_an e C'itL 1 ls Ln 1: ' r J �rm ,Varer ��' ."e d 175 B . Fences and ct'-;er minor construct a11 be maintained in safe and s tant �' aI condition C . _qte-s , walt:s , driveways , parking spaces , and similar paved areas zzhiail be r;aintained so as to afford safe passage under normal use an.�a 1•:e ather clidit , cans . D. arils and courts shall be kept clean and free o1 cal hazards . E. Yards and courts shall be kept clean and free of the accumiula- tion of rubbish or other materials which can attract vermin or insects . F. Heavy undergrowths and accumulations of plant growth which are noxious or detrimental to health shall be eliminated. 21. 47 Penalty (apartment ordinance) - 7 . 57 Per:alts- (mobile home ordinance) O x27 . 100 `iolatIons and penalties A. Except as provided in 27 . 47 and = 27 . 57 of this Chapter, every Q person who shall fail to comply with a violation order issued by the Q Building C on--i s s 1 on e r within the time limit stated therein shall be Q guilty of a,, offense and upon conviction shall be punished by a fine of not more than two hundred fifty dollars (5250 . 00) or by imprisonment for not more than thirty (30) days or both. Each week that a violation continues shall be a separate offense . (Amd Ord. X77- 6 , 6/1/ 77) ,27. 88 Establishment and duties of Housing Board of Review (covers membership , hearings , rights of petioners , etc . ) The action of the Board of Public Works is included also : (for info:-ma- tion of the Common Council ) CHAPTER 272- - (new material underlined ; material to be omitted in brad =72 . 1 c-r heeds and _ b ass regulated A. Dutv of ol,ner The owners of all private property are hereby required to cut , trig: or remove br)_: h, high grass , rubbish and weeds from their premises alone all public rights-of-way and to keep such areas ins proximity to the pub is rights_ of-way in a reasonably clean and sanitary condition to prevent t;:e breed ng c Insects or vermin and to prevent the spreading of noxious weeds ?.o adioirling premises as well as to permit pedestrian traffic w :< ever ; acticatle along the i p` public rights-of- 1:ay . Premises situated at street intersections or on curved streets shall be kept in such conditier as to give a clear and unobstructed view of the intersection or curve . Cuttinc of Rrass ever,- three CST weeks from 'lay to October 1 of each ye:: r shall be deemed com71iance with this section . [B. Exception [ [ This rule shall not be construed to prevent the raising of garden or `cultivated crops on farm lands or to unreasonably require the cutting c b klrass and brush on undc �-eloped areas [exce^t within two hundred t = G0 _ _ c- [of il�Iprox•ed properties ] . B. authority of Superintendent of Public Works The Superintendent of Public Siorks , in the name of the ::lard of PII ,l i c liorks , upon. complaint being made to h ., , �i��on '�i s �,,�n ric)t ic,n , s'�all - i :) Oi,ner o I-c,pe --t\ 0r "I")on ;l i c propel t \ a not Ce 11 <ldt�less ippear'. iI on the It ' ;ix IC, r III 3 C i 1 ed 1tI c1ic h ro' ' ce hilt 176 notice within the time limited therein , the Suporintendent of Public Work : shall cause such pre:,';iqes to be put in sash conji : ion as will compiv , and -hall charge the coot thereof tO the ownav OS said premises including a fifty percent (50A ) charge for supervision and administration . HIGHWAY, STREET LIGHTING AND REFUSE COMn!I ,`TEE : By Com-M.Schickek- Seconded bv_ Comm. Ewahicki RESOLVED , That the Rules and Regulations of the Board of Public Works be amended by incorporating the proposal of Alderman Nichols in place of t'*'*' present regulations , and to omit paragraph 3 Exception and change Para; C to B . Carried Unanimously Taxicab Crdinan,,: ­an NEcholsreported that the committee has been revising the Taxicab Ordinance , but it has come to their attention that there is a prospect of another taxicab company opening up , using meters ; therefore , clearly the ordinance will need some further revision . Alderman Nichols announced that a public meeting will be held by the Taxicab Committee on October 23 , 1973 , at 7 : 30 p . m. , in the Common Council Chambers . Commons Advisory Board Operating Manual and Commons Rules of Procedure Alderman Nichols reported that the Commons Advisory Board has requested Council approval of the Operating Manual , and requested the printing of the Rules of Procedure in the Codes of Ordinances . She said the committee plans to bring these to the Council in November . INTER, CVERNMENTAL RELATIONS COMMITTEE : Alderman Slattery reported that the Youth Bureau hearing that was conducted by the Planning and Development Committee drew away a large group of peor ' e he had hoped would attend the intergovernmental Relation Committee meev He announced there will be a meeting of the committee o nober 18 , 190" at 7 : 30 p . m. , in the Town of Ithaca offices , which will a session on formation of a joint commission for operation and manag In of the secv *w, treatment facility . He commented that he would like the Mayor and City Attorney to attend the meeting . EN�_IRCNMENTAL COMMISSION : Draft—Environmental Impact Statements Alderman Holman reported that the Commission has done some work on the DEIS and worked rather closely with the Planning Department op the UFAIR subdivision hearings . She said certain things became very cl" ir as a result of that , as far as procedures for conducting hearings lad the rules and regulations that go along with those , and so there has been the beginning of a dialogue between the Planning Department and the Environ- mental Commission on DEIS . She thinks those procedures will become much smoother as they work together in the future . Bikeways By Alderman Holman : Seconded by Alderman Dennis WHEREAS , bicyclists in the City of Ithaca have been requesting a bikeways system for many years ; and WHEREAS , numerous studies by both lay groups and city departments have been completed with the aim of implementing a bikeway system; and WHEREAS , numerous delays have already occurred in the inplementation of the plans ; and WHEREAS , deletion of funds for this project was done with no advance notice to the public , to lay boards , or even to city departments ; THEREFORE , BE IT RESOLVED , That the Common Council is urged to restore the funding of the signing of the downtown-Stewart Park bikeway immediately , and tc direct the Department of Public Works too proceei with the needed work as soon as possible . Discqsslon follvNed on the f1 `or . 1 _ -- - '7'7 Resolution By Alderman Slatterv : Seconded by Alderman Gutenberger RESOLVED . the motion be tabled, and the matter be referred to the Budget anc Uninistration Committee . Ayes (7) - K; 00 , Bothroyd , Nichols , Dennis , Gutenberger , Heiman , Slattery Nays. ` Absent (1 ) - Saccuccl Carried CIRCLE GREENhAY C0\1VII SSION : Autumn Weekend on the Circle Greenway ',;ayor Conley announced the Fail Colors Weekend activities on Saturday , October 14 and Sunday , October 15 , 1978 . Copies of the itinerary of the Circle Greenway ?Mileage Relay Walk were received by each alderman . Common Council recessed at 8 : 45 p . m. Co Common Council reconvened in Regular session at 9 : 00 p . m. x 0 BUDGET AND ADKINISTPLATION COMMITTEE : Planning Department request for CETA porkers Q By Alderman Gutenberger : Seconded by Alderman Holman Q WYEREAS , the Planning Department plans to carry out two specific proien s Q durin the next year , i . e . : 1 . City-wide survey of signs as they relate to the City ' s Sign Ordinance ; 2 . Complete natural resources inventory in the City of Ithaca ; and WHEREAS , there is available monies for CETA workers ; NOW, THEREFORE , BE IT RESOLVED, That this Common Council authori :es td Planning Dey2yine t tc make application for two CETA employees to wort on the above identified projects . Carried Unanimously Planning. Department request to transfer funds for pork- Study employees By Alderman Gutenberger : Seconded by Alderman Boothroyd RESOLVED , That S1 , 400 be transferred from A8020- 40 Planning-ContrL: � Services , to AS020- 422 - Planning-Fees for Professional Services , said funds to be used for a Work- Study student . Carried Unanimously Planning Dc artmept request to transfer funds for carpeting By Alderman C- rye r : Seconded by Alderman Dennis RESOLVED, That S00 be transferred from A8020- 407-Planning- Contractual Services , to A1620A- 250 -Buildings-City Hall -Other Equipment , said fur_:_s to be used for carpeting in the Planning Office . Ayes ( S) - EcTdoni , BOOthroyd , Meyer , Dennis , Gutenberger , Holman , Bor; nkay , Slattery Nab,- (1) - Nichols Ahsent (1 ) - Saccucci Carried Board of i uhlic Works req uest to transfer fund from hater Fund Vent jn: ,ncy A Alde_ An Gutenberg_er : S corded b� 4i der;>>a., dothroyd RESOLVED , That $12 , 000 he transferred from F 1990 - font Agency account , to F8320- 1 - 101 -Water Shed Personal Services , said funds to sup icmww, expenditures which were necessary for the broken raw water line which ti, s repaired in January 1978 . Carried Uhahimously i ! C'-spou' nn2 heductio1 of t _ t ,. F'r t - BV Alselvon uicn er r : SW ON fed f _ A - , _ I . "n RYSOL i_i , . hat the Capital _ . cj e ct '1 - . _Ihl ] . " _ 71s Facility , be clesta on! it the " unl 178 Alder­ia-i i ut e ri )e r r e c C)rid!_,d by .-al r i i 'D e f c�0 T FD , T h a the C a p i I P r o e c t A39 1 - 14� , El­,l Street Slde�Nilk be -'ed o iit In the amour* of 51 , 501 Carried Unanimously By Alderman Gutenberger : Seconded by Alderman Boronkav ­� LL:SOLV'ED , That the Capital ProJect \391 - 148 , Plain Street- Bridge R I ehahilitation , be closed out in the afTIOUnt of 5265 . S8 . Carria - Unanimously I Unanimously e By Alderman Gutenberger : Seconded by Alderman Dennis RESOLVED , That the Capital Proiect , A391 - 158 , Pa-king Lot D Renovation SS3 , 283 . 99 Retain 237 , 000 . 00 be reduced by . $ 23 , 233 . 99 Discussion followed- on the floor. A vote on the resolution resulted as follows : Carried Unanimously By Alderman Gutenberger : Seconded by Alderman Slattery RESOLVED , That the following t,.,:o projects be referred to the Capital o Improvements Review Committee for recommendation : College Avenue Beautification Clinton and Cherr,. Street - Reconstruction 552 , 591 . 99 taro —15,0 0 0 . ,)O_ 37 , 591 . 99 Carried Unanimous 1,: Increase of Election inspectors ' Fees By Alderman, Gutenberger : Seconded by Alderman Nichols RESOLVED , That the following schedule for pa✓ment of EIL Lon Inspector,.I.. be adopted : 1 . Registration Day X30 . 00 2 . Primary Day 30 . 00 3 . Election Day 33 . 00 4 . Chairman additional 5 . 00 S . Instruction School 5 . 00 6 . Canvassing Machines 25 . 00 I Said rates to he effective in 1973 election year . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Capital Project for Fall Creek flood protection By Alderman Gutenberger : Seconded by Alderman Bordoni I f- L IVH'R��AS , T1- Board of Public Works , at its meeting September 217 , 1978 , c�aueste_-' 5 -0 , 000 to construct an effluent pipe from the Se,.,ier Treatment Plant to tale Fall Creek area as a part of the Fall Cr,---elr.- Flood Protection Project , and �A_H-CIRE'AS ' this Common Council feels that this additional project is vit' � "0 the protection of the Fall '-rCe2k area LFro-i f I o o d i ,e to ice m;li_, 7 NOW, THEREFORE , BE IT RESOLVED , T'lat this Co::,mon Council hereby amends the 19 '8 Se,.,ier Fund Budget as folloTA's : Increase Appropriated Fu-,1._-' 3al' arice )0 Increase G9350 - 9 Transfer t c Capital Funu' C U L'E 1 7 a 7 . r r 179 Yavci Conley reread the letter from Noel Desch , Town Supervisor , ne originally presented u-.-ider rr:an 17 - 6utenberger commented .hat this particular question was in ihe committee ' s deliberations and the committee felt this was dndeeL_ a very appropriate place from which to take the money for this type of service . Alter further discussion , a vote was taken on the resolution which resnItcc as follows : Carried Unanimously Audit f�y Alderman Gutenberger : Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Admini - stration Committee in the total amount of $ 7 , 717 . 66 , as listed on Abstract P17- 1978 be approved for payment . Carried Unanimously CET?. Employee - Fire Department By Alderman Gutenberger : Seconded by Alderman Slattery RESOLVED , That the Fire Department is hereby authorized to make appli - cation for a CETA worker for fire prevention inspections . Carried Unanimously City of Ithaca Tax Abatement By Alderman Gutenberger : Seconded by Alderman Bootiroyd V RESOLVED , That the 1978 City of Ithaca Taxes on the following listed property be expunged: Williams Glen Road - Map 4 , Block 2 , Lot 2 . 2 1978 Assessment $200 . 00 1978 City Tax ! 1 . 80 Carried Unanimously NEW BYSINESS : Resolution - James Craves Ev Alderman Slattery : Seconded by Alderman Boronkay WAREAS , James Graves faithfully served the City of Ithaca as First ha7l alderman and also served Tompkins County as a member of the boaTc__ c ! Representatives for many years ; NOW, THEREFORE , BE IT RESOLVED , That the Mayor and Common Council gratefully acknowledge Jim ' s long and faithful service to his comnunit ',- and wish to convey to his family our great sense of loss and our deepest sympathy in their bereavement , and BE IT FURTHER RESOLVED , That this resolution be spread upon the minutes of this meeting and that a copy thereof be forwarded to his lamdly . Carried Unanimously Small Cities Grant Alderman Dennis requested that City Clerk Rundle be given ccpies of the Samll Cities Application , to be mailed to each aldeT7an to reylel, Trior to the Public Hearing on October 10 , 1978 . ADJOURNMLNT : onamotion the meeting adjourned at 9 : 30 p . m. C i t C 1 � !1� or 61 ' 1 7,1 � COMMON COUNCIL PROCEEDINGS 1 g CITY OF ITHACA, NEW YORK Special Meeting 7 : 30 P.M. October 10 , 1978 PRESENT: Mayor - Conley Aldermen (7) - Bordoni , Boronkay, Dennis , Holman, Nichols , Saccucci , Slattery ABSENT : Aldermen (3) - Boothroyd, Gutenberger, Meyer OTHERS PRESENT: City Controller - Daley Planning & Development Director - Van Cort Planner II - Williams City Clerk - Rundle Mrs . Barbara W. Thuesen - Executive Director Tompkins County Center for Culture and the Performing Arts , Inc. Community Advisory Committee members : Clarence Reed William R. Wilcox, Jr. J. B. Graves Peter Klinge John Ford Arthur Pearce Speakers addressing Public Hearing: Jemma Macera 1346 Slaterville Road LLJ Marcee Silverman 301 Elm Street < Joyce Sarvi 23 Bush Lane The Rev. Samuel Perry St . James AME Zion Church Arthur Pearce , Director Ithaca Neighborhood Housing Service Dennis Byron, Director Greater Ithaca Activities Center SPECIAL ORDER OF BUSINESS : Public Hearing - Small Cities Application Ms . Rosalind Williams , member of the planning staff, addressed the hearing , explaining that the public hearing was held for the purpose of reviewing the final application for the Small Cities Grant which is a follow-up of the pre-application that was submitted in June . She said the committee had gone through a competitive process through the summer, competing with 300 other cities for funds to benefit low-income persons . The application had to address a target area- -the committee chose Northside-Southside area . Most of the projects to-date have been concentrated in the Southside . The types of activities are the same as in the pre-application. Ms . Williams reviewed the Small Cities Projects , as follows , with Council , answering questions from the various aldermen: Rehabilitation low-cost loans $ 300 , 000 Rehabilitation Services 150 , 000 Mini repair 50 , 000 312 Technical Assistance 90 , 000 Home Recycling 100 ,000 S/N Neighborhood Improvements 500 , 000 Wood Street Park 20 , 000 Conway Park 20 , 000 Greater Ithaca Activity Center Improvements 175 ,000 St . James AME Zion Church 30 ,000 West State Street Revitalization 320 , 000 Resolution to Open Public Hearing By Alderman Holman: Seconded by Alderman Slattery RESOLVED, the Public Hearing to consider the Small Cities Application be opened. Carried Unanimously Jemma Macera, 1346 Slaterville Road , addressed the hearing , describing some of the problems of home ownership and upkeep . Ms . Macera spoke in favor of the 312 Technical Assistance portion of the application . 182 _ 2 _ October 10 , 1978 Marcee Silverman, 301 Elm Street , who works with a social and legal advocacy* organization for people with disabilities , many of whom live in the Southside area , asked the Council to support the application. She spoke in favor of the S/N Neighborhood Improvements portion of the application, saying the people with mobility impairment need ramps , curb cuts and traffic control . Joyce Sarvi , 23 Bush Lane , representing the Reconstruction Home where 72 persons live , three- fourths of whom would benefit from curb cuts , spoke in favor of the application . The Rev. Samuel Perry, St . James AME Zion Church , spoke in favor of the application, especially the St. James AME Zion Church item which would R aid in the renovation of the church. Arthur Pearce , Director of Ithaca Neighborhood Housing Services , spoke in favor of the entire application. He said that , as of November 1 , his organization will be providing full services to the Northside community in the same manner as it has provided services to the Southside community, and a lot of the money being talked about in the application will help provide those services . Dennis Byron, Director of Greater Ithaca Activities Center, spoke in favor of the application, his interest being the Greater Ithaca Activities Center Improvements specifically . Mayor Conley reminded the Council of their commitment to do everything possible to seek out necessary funds to put a more permanent type of swimming pool in the neighborhood used by GIAC . Resolution to Close Public Hearing By alderman Saccucci : Seconded by Alderman Slattery RESOLVED , the Public Hearing to consider the Small Cities Application be closed. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE : S"fall Cities Final :Ahoicat ion By Alderman Dennis : Seconded by Alderman Nichols WHEREAS, the Small Cities Pre-Application that was submitted in May 1978 was approved by the Department of Housing and Urban Development for sub- mission of the final application for $1 . 95 million in Community Development Discretionary funds, and WHEREAS, the initial C. D. entitlement funds were invested primarily in the Southside neighborhood, and WHEREAS , the Small Cities Grant will provide enough funds for community development programs to be initiated and expanded in the Northside Neighborhood and West State Street ; NOW, THEREFORE , BE IT RESOLVED , That the Mayor is hereby authorized by Common Council to sign the final application to be submitted to the Department of Housing and Urban Development for a three-year comprehensive Small Cities Grant . Carried Unanimously Mayor Conley informed the Council that he had received a congratulatory letter from Mario Cuomo , Secretary of State , in which he stated that the application received the highest number of points for a non-metropolitan application, as well as receiving the highest number of points for a , metropolitan application, which is a credit to the Ithaca Planning and Development Department and the Community Advisory Committee . BUDGET AND ADMINISTRATION COMMITTEE: Amen ment o Aut orize E ui ment List - Bus Operation By Alderman Slattery : Seconded by Alderman Saccucci RESOLVED, That the 1978 Equipment List for Account A5630 , Bus Operations , be amended to include one (1 ) coin packager in an amount of $1 ,300 . Discussion followed on the floor. 3- October 10 , 1978183 A vote on the resolution resulted as follows : Carried Unanimously Amendment of Authorized Equipment List - Maintenance of Roads-Highways By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, That the 1978 Equipment List for .Account A5110A, Maintenance of Roads-Highways , be amended to include one (1) two-way radio in an amount of $1 , 000. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE : Strand Theatre Marquee By Alderman Nichols : Seconded by Alderman Saccucci WHEREAS, The Ithaca Landmarks Preservation Commission has approved alteration of the facade of the Strand Theatre in accordance with scale drawings that included restoration of a formerly existing marquee , and WHEREAS, such marquee constitutes an "encroachment" within the juris- diction of the Encroachments Ordinance of the City of Ithaca , and WHEREAS, the Building Commissioner has not issued an alteration permit for the proposed restoration because the position of the marquee would be six inches below the minimum height above ground (9 feet six inches) LIJ required by the Encroachments Ordinance ; Q NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Common Council , That the Building Commissioner is authorized to grant an alteration permit for restoration of the marquee on the Strand Theatre at its original height and within the required limits as defined in the Encroachments Ordinance . Discussion followed on the floor. Mrs . Barbara W. Theusen , Executive Director of Strand Theatre , was present and answered questions from the Council . A vote on the resolution resulted as follows : Carried Unanimously OLD BUSINESS : Carpeting in Planning and Development Department By Alderman Holman : Seconded by Alderman Slattery RESOLVED, That this Council rescind its action taken at the October 4 , 1978 Regular meeting in transferring funds from one line item to another for the purpose of purchasing carpeting for the Planning Department . At a time when we are looking for funding for capital projects , that $ 750 for carpeting for a single office is above and beyond what the taxpayers ought to be expected to bear. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously NEW BUSINESS : Letter from June Rodgers Alderman Bor oni called attention to a letter received from Mrs . June Rodgers regarding electrical problems in the Southside House . Mrs . Rodgers pointed out , in her letter, that without proper electrical service they will not be able to receive federal funds to carry on one of their day-care programs . Mayor Conley informed the Council that the problems referred to in Mrs . Rodger' s letter have been taken care of ; however , he will forward a copy of Mrs . Rodger' s letter to Supt . Dingman who is working with the Center on the project . Letter from Mrs. Alice Reed Alderman Slattery informed the Council he has received a letter from Alice Reed, on behalf of the Ithaca Community pallet , who would like to put an addition on the building on North Plain Street that they now oi:n , and the organization appealed to the Council foi- Community Developr: cnt funds to help build the addition . They are a * A .,\ c.tenni)t organi - ,iticii , and have never received aid in the past . 184 October 10 , 1978 Alderman Slattery expressed the hope that the Planning and Development Committee will take this request into consideration . Alderman Slattery commented that he felt the money would be better spent on the Ballet than on further improvements to Conway Park. Mayor Conley expressed the wish that the Ithaca Community Ballet go through the process and talk to the Community Advisory Committee and the Urban Renewal Agency, who have to set priorities . Possible Diversion of Truck Traffic Alderman Saccucci asked if t e trucks going through the Octopus , traveling east , could be diverted to 13A or Floral Avenue to minimize truck traffic through city streets . Mayor Conley informed Alderman Saccucci that both he and Alderman Dennis have had conversations with Commissioner Hennessey of the New York State Department of Transportation concerning the issue , that Alderman Dennis has been working on a similar project for some time , and that they will continue working on the problem which cannot be easily resolved. ADJOURNMENT : On a motion, the meeting adjourned at 8 : 32 p .m. IWO Jose h A. Run le , City Cle k E-dward J . C46nley, M or 185 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7 : 30 P .M. October 25 , 1978 PRESENT: Mayor - Conley Aldermen (8) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger , Holman, Meyer, Slattery ABSENT: AA dermen (2) - Nichols , Saccucci OTHERS PRESENT: City Controller - Daley Youth Bureau Director - Cutia Planning & Development Director - Van Cort Fire Chief - Weaver Board of Public Works Commissioner - Cleveland City Attorney - Shapiro City Clerk - Rundle PLEDGE OF ALLEGIANCE : Q Mayor Conley led all present in the pledge of allegiance to the American flag. BUDGET AND ADMINISTRATION COMMITTEE : D.F.Y. - Application for Additional Funds - Youth Bureau Resolution By Alderman Gutenberger : Seconded by Alderman Slattery BE IT RESOLVED, that the Mayor be authorized to enter into an agreement with New York State Division for Youth for Special Delinquency Prevention Program funds in the amount of $100 , 665 , and that upon approval of the project by the State Division for Youth, the Youth Bureau of the City of Ithaca be authorized to implement the program at the time funds are made available, in accordance with the proposed plan. Carried Unanimously C . Robert Cutia , Youth Bureau Director , spoke about the Division for Youth Delinquency Prevention Program explaining that he had an application for receiving a share of the funds that are to be put into the program, that the application has a filing dead- line of October 26 , 1978 , and that he needs the permission of the Mayor to submit the application to the proper authority. Mr . Cutia explained how much money will be needed to put into the program and how much will be reimbursable by New York State if the City receives the maximum amount that it is entitled to . PLANNING AND DEVELOPMENT COMMITTEE : Center Ithaca Architect David Taube spoke to Council stating that in view of Monday' s meeting concerning the status of the Ithaca Center financing, he had expected Council would be voting tonight on the master leasing arrangement proposed . Taube stated that his group is working with HUD , a major insurance company and a New York City Bank on financing and the timing of this meeting was dictated by HUD ' s requirement that all documenta- tion to support the UDAG grant be submitted by Thursday afternoon, October 26th. As of late this afternoon Taube ' s group was informed that the necessary schedule would not be sufficient to obtain the approvals needed . in view of the present situation Taube felt it was not necessarv_ for Council to make a decision on the question at this meeting . 186 -L- Taube further mentioned that within the next few days his group would be examining the ramifications of the information received from the lenders with reference to insufficient time to prepare the necessary documents . He expressed appreciation for the willingness on the part of Council to meet on such short notice and asked that Council defer any decision at this time . Mayor Conley questioned Taube on whether it is possible that we might be able to get word that would give us the indication that we do , in fact , meet the HUD requirements and deadlines and could get the proper documents to Washington by Friday. Taube answered that it could be possible . A motion was made by Alderman Gutenberger and seconded by Alderman Boothroyd that the meeting be adjourned to 8 : 00 P .M. , on October 26 , 1978 . A vote on said motion resulted as follows : Ayes (6) - Bordoni, Boothroyd, Dennis , Gutenberger , Boronkay, Slattery Nay (2) - Holman, Meyer Absent (2) - Nichols , Saccucci ADJOURNMENT On motion, the meeting adjourned at 7 : 50 P .M. J ep A. Rundle, City Clerk Edward J . Conley, Mayor COMMO\ COUNCIL PROCEEDINGS 187 CITY OF ITH.ACA , NEW YORK Special Meeting (continued) 8 : 00 P . M. October 26 , 1978 PRESENT : Mayor - Conley Aldermen (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger , Holman , Meyer, Nichols , Slattery _ABSENT : Alderman (1) - Saccucci OTHERS PRESENT : City Attorney - Shapiro City Controller - Daley Director Planning & Development - Van Cort Director Youth Bureau - Cutia Building Commissioner - Hoard City Clerk - Rundle PLANNING AND DEVELOPMENT COMMITTEE : Mayor Conley asked Planning and Development Director Van Cort to explain the circumstances that lead to the calling of this Special meeting of the N Council , and to explain the reason why the meeting was adjourned last Lli evening, to be reconvened this evening. < Director Van Cort reported that the City is applying for an Urban Develop- ment Action Grant for this project , which requires that there be an absolute commitment for financing , conditional upon nothing . In order to get that , the developers have been working with Equitable . Their Commit- ment to date has been subject to an achievement of 800 lease at the time of takeout- -at the time at which the permanent first mortgage loan was made . It was also subject to getting a UDAG for $ 800 , 000 . In the negotiations in New York with the potential construction lender , the idea of a lease for 800 of the space in the Center was developed, and the only way it seemed that the project could be financed at this time , and the only way we could have a chance at getting the Urban Development Action Grant , was for the Citv to enter into a master lease for 80% of the space in the Center. Mr. Van Cort said he was referring to this cycle in the Urban Development Action Grant program which ends on November 1 , 19"8 , which he went through with the Council on Monday evening . It had beer: t,ie understanding from the meeting in New York on Thursday night that a vote by the Council for the master lease would be sufficient to guarantee that the loan would be made by the construction lender . He said they received information early Wednesday that there was some question as to whether the loan would be' made on the master lease , and it became apparent as the day progressed that the takeout lender needed to take this to their board and they could not guarantee that the loan would be made . When the idea of the 80o master lease was introduced in Ithaca , Ken Myers at Citizens Savings Bank said that he would be interested in making the loan if such a master lease could be entered into with the City. At the same time there were questions raised about the legality of the lease itself- -as to whether the City could enter into such a lease . Last night it was discussed with Citizens and they agreed to take it to their lawyers today, which they did , and their lawyers said that they could make a loan based on an 80o master lease with the City. It is important to realize that the determination of the lenders ' lawyers is more important even than the determination of the City ' s lawyers because the City is entering into this in such a way that it would be held harmless if for any reason it should be found that the proposition isn ' t legal . The City will not be injured if it is found to be illegal as the Citv .Attorney has provided those protections to Council . The City was extremely pleased to find out late this afternoon that Citizens Savings Bank lawyers felt that they could enter into a permanent first mortgage loan for the project and to do the construction financing . Citizens will be working with a group known as ESTS (Empire State Thrift Service) who will be acting as the lead bank for this loan . Mayor Conley then introduced Mr. George Gesslein , Citizens Savings Bank , who commented that the bank and trustees are very interested in the development of downtown Ithaca . He said they have looked at the project and talked to the developers very seriously for a vear or more . The bank has very stringent requirements on the tvI)e of tenant -- in the develor),i,ont . 188 - 2 - October _'S , 19 78 He and Ken Myers have talked to the Board members but as yet have not received final approval of the Board of Directors ; however , he does not anticipate any problem there . The amount of money to be loaned is 43 , 200 , 000 which would be divided among six banks of ESTS , the local bank being the lead bank. He said they would want to work with the City to get the tenants approved so that the City can be released, if it wants to be released , from that part of the lease . The ESTS requirements for creditworthiness are more stringent than Equitable . Mr. Gesslein commented that with the project completed , the City would i benefit from increased sales taxes , real estate taxes , employment , more shopping in the downtown, and Mayor Conley added that the City would receive $ 800 , 000 from UDAG which the City- can use as it sees fit . Following discussions on the floor , Mayor Conley asked City Clerk Rundle to read the following letters to the Council : "October 24 , 1978 Mr. Joseph Rundle , Clerk City of Ithaca City Hall Ithaca, New York 14850 Dear Mr. Rundle : I want to correct a statement that was attributed to me in the Ithaca Journal of Tuesday , October 24th. In this statement it was reported that I , with others , urged council to support the plan of guaranteeing 800 of the Ithaca Center Rental Program. For the information of those members of Council who were not present , my statement related only to the leasibility of space on the Commons which to our experience at the Chamber has been good. I specifically indicated that my lack of knowledge of the plan or its provisions mandated that I address my remarks to that facet only. I , as the Executive Director of the Chamber , do not have the prerogative of speaking to any issue of this nature without a vote of the Board or the membership and this has not been done . This correspondence is to clarify that fact to all concerned. Sincerely, Ralph L . Jordan Executive Director Tompkins County Chamber of Commerce" "October 25 , 1978 Mfr. Joseph Rundle Clerk , City of Ithaca City Hall Ithaca , New York 14850 Dear Mr. Rundle : The large number of telephone and personal contacts I have received sine the announcement of the City' s intent to guarantee rental space in the proposed Ithaca Center for the purposes of securing federal funding has prompted the writing of this letter to Council . The general gist of comments being made is that Common Council should be considering an extension of the developers ' time for further development of Center tenants until June 1 , 1979 . This should certainly be ample time to secure the necessary leases . I can assure you that the rank and file of voters are very concerned that Common Council is being asked, once again , to act on a highly controversial plan involving the use of City Tax Dollars to guarantee up to 800 of lease space in the proposed Center project . Such a move is very unfair. To ask October -26 , 1 - 7518 members of Council to act on behalf of some 20 , 000 taxpayers without constituent input is not sound and should be avoided at all costs . Further , I am being told , time and time again , that it is not a public function to guarantee leased space to any private developer regardless of where the project may be located or because of difficulties encountered. The people of Ithaca are currently struggling to pay their City taxes . It is not fair that they now be mandated, thru actions of Council , to assume liability of what could amount to $1 . 75 per thousand of assessed valuation that could amount to an expenditure of some $450 , 000 annually. I realize that we all like to look at the positive side of an issue but we must also face realism. That realism is , the City could end up guaranteeing 75 to 800 of the entire space if bankruptcy or unforseen difficulty arises with the developers . The costs could go as high as $ 7 , 798 per each 1% of space up to the 80% figure . It is the general concensus of opinion that Common Council is not being given adequate time to truly evaluate constituent opinion and that Council should not be asked to bear such a burden until they feel secure that they truly represent their voters ' desires . It has been further expressed that an undertaking of this magnitude , asking every taxpayer to share in such a venture thru possible tax increases , should demand a public meeting with the developers , City, State , Federal and Financial institutions involved. All facets of the proposal should Q be fully understood by each Councilman. It is my understanding that this is not the case . I would like to express the views of those with whom I have discussed this matter indicating that the entire community should get behind the Ithaca Center and help in any way possible to find tenants to fill the necessary space . To enter into the proposal now being considered will create more ill feelings for the City and Center project than positive results . It could well divide the City over the Center' s future support . These concerns , as expressed to me and to which I heaztily concur , should be clearly understood before any vote is taken tonight . If this is not made clear , the resulting 'backlash ' of an adverse dec_sion could well be detrimental to any future development within the City ' s future . Sincerely , Vincent Giordano Copies to : Mayor , Edward Conley , City of Ithaca Members , Common Council , City of Ithaca" "October 25 , 1978 Members of Common Council 108 E . Green Street Ithaca, New York Dear Members of Council : I urge you to back the Ithaca Center development by guaranteeing 80, of the anticipated revenues , as proposed. While care should be taken on details of the agreement , the plan is a responsible and helpful use of our taxes . In addition to the obvious benefits to the business community , I would like to point out some other ways in which the Center will help our city : 1 . It will be good for our neighborhoods . Ithaca has many attractive neighborhoods near the Central Business District , in which many residents enioy all the coni,eniences and pleasures that downtown Ithaca has to offer . In a town short of housing , these neighborhoods are among the best places to live . However , some of them are threatened by from the business expansion 190 - I October 26 , 1 9 7 3 district . More retail and office space in the downtown core will ease the demand , reduce speculation , and keep our neighborhoods nice places to live . Because of the vigorous demand for downtown retail space , the Ithaca Center should soon be contributing to the tax rolls , and homeowners ' taxes will not have to increase . This would also make downtown living more attractive '. 2 . It is good for the environment . - The ideal place for more shopping and office space is right where we already have made provision for cars and large numbers of people . The Ithaca Center will destroy no fields or forests ; it will require no new roads or expanses of asphalt for parking ; it will increase traffic proportionately less than elsewhere in the county ; and it will be a positive element in our urban environment , making the downtown more attractive and livable . Secondly , the creation of this business space downtown will make it less likely that outlying areas of forests or meadows will be destroyed for business purposes . For these reasons , I hope that Council will vote to help this excellent project become reality as soon as possible . Sincerely yours , Patricia M. Carlson" "October 2S , 1978 To : The Mayor and The Common Council From: Carol L . Fay - - 318 Eastwood Ave . Re : Ithaca Center Financing I read with interest and concern the brief article in the Ithaca Journal , October 23 , 1978 , by Jane Marcham about the hastily called Council meeting to be held that evening to inform council members of financial proposals surrounding Ithaca Center ' s development . In addition , I read with in- creased concern her brief article on the financial proposals discussed at that meeting , which appeared on Oct . 24 in "I . J . " The reasons for my concern follow: a) The Commons , in its much more desirable , improved state has , never- theless , failed to draw businesses which appeal to the non-student or "family" shopper. b) Boutiques and variety businesses open and close in a depressing lack of stability. This indicates to me that young businesses , at great financial risk, are not finding an adequate market for their wares among the available , youthful (I would guess from the types of shops and merchandise on the Commons) shoppers . c) Rents for shops are sharply on an increase in The Commons . This wil""* . inevitably result in slowing down the rate at which new shops open i the presently available spaces . d) Too little factual information is available to the citizen (s ) , Council member , or City Hall staff member to justify a hasty decision by Council members to commit the City to such a financial arrangement . We need to know: (1) Will the businesses who are apart of the 40% committed or potential leasees be new to the downtown'. (2) Will they duplicate any or many o the existing businesses? What effect will their presence have on existing shops? (3) Will they include anv businesses designed to appeal to a broader cross - section of shoppers " -AS- October 2b , 1978191 (4) Will the cost of the new structure raise or lower the present rapidly escalating rents for downtown shop space? By how much? (S) Can you be certain- -or at least reasonably certain- -that the new space will not simply result in older , renovated shop space standing idle? This has a dampening effect on the morale of those who have made recent business ventures in the downtown , as well as on the shopper to the downtown. Do we really need more book stores , ice cream parlours , or shoe stores , in addition to the ones already present on the Commons? (6) Isn ' t there a point when discretion dictates that further risk of local and federal monies in an attempt to revitalize shopping in a given area (when what has already been invested does not appear to be returning the average shopper to the downtown) is no longer indicated? (7) To warrant such a risk as City guarantee of up to 800 of leasing income shouldn' t there be positive effects on both present shop space and a large demand for space by additional types of stores that appeal to the "family" shopper? Until such demand is present , couldn' t something substantially less expensive be done to beautify the "scar" that exists in the area under proposal?- - a park , or courtyard, with stairway down from parking ramp , etc . would (could) improve the area at nominal cost and still allow a variety of activities to occur in this area. (8) Also , such a risk should not be assumed with such haste and so little information available to the general (taxpaying) public about the ultimate effect of this project on present downtown businesses and the likelihood of the success of this new and costly venture?" Robert Burns , 203 South Hill Terrace , addressed the meeting saying that before any commitment is made by the Council , he thinks , as a business deal , all facets of this should be brought to the attention of the Common Council . The important thing is the lease itself. He said, that if his understanding of the discussions that evening were correct , the lease is being negotiated without knowing how long the commitment is of the City . it was pointed out that if 8M of the space has been leased to a tenant , with the approval of the bank , the City will be released from the space . However , 10 years from now , if a tenant goes bankrupt , will the City be brought back onto this obligation? He thinks the length of the lease and the terms and conditions should be known , as well as the square feet the City is obligated to lease , and the total cost . City Attorney Shapiro answered that at the time the City gets the release from the bank and the bank accepts the tenant , the City will be released to the percentage of the gross revenues that that tenant represents , never again to be on the hook for that particular percentage . Regarding Mr. Burns ' other questions , Mr. Shapiro commented that Council is being asked tonight to approve the concept , to be negotiated later on. Mr. Burns said this seems like putting the cart before the horse . Mr. Shapiro said the reason for asking for approval that night was to prevent delay of the UDAG monies . Mr. Edward Austin , 104 Williams Glen Road, Secretary of the City of Ithaca Republican Committee , presented the following release : "FOR I�VNIEDIATE RELEASE CENTER ITHACA As the party which stands as the "loyal opposition , " we believe we must question city involvement in" the Center Ithaca project . First , there is the basic and serious question of government involvement in the private sector. At a time when taxpayers are examining the role of government and finding it involved in too many areas of our lives , the City of Ithaca will do well to work with the developers to find private financini for the project . The project itself is sorely needed and we understand the desire to see "the hole" filled. However , a strong project will stand on its own merits to attract financing and tenants . is also Second , the tiiing of the re�010 t for a de,.- i ir,., h\ , 192 - 6- October 26 , 1978 a matter of concern . As has happened so often in the past , Council members have been given limited information and time in which to make a decision . This allows questions to remain unanswered and provides little time for people to express their opinions to their elected representatives . And, finally, we question asking the city fo meet expenses which are as yet unknown. City taxpayers do not yet know what their 1979 tax bill will be . They do know that this year there was a 9 . 8% increase with another increase sure to follow in 1979 . It is time for the city to shelve further financial involvement in the project permanently ; the city ' s help with purchase of the land is proof enough of commitment to the Center Ithaca project . " Connie Miller, Attorney , presented the following : article 7 , Sec. 8 of the Constitution : "The money of the State shall not be given or loaned to , or in aid of any private corporation or association or private undertaking ; nor shall the credit of the State be given or loaned to or in aid of any individual or public or private corporation or association or private undertaking . " She said there were a number of cases cited , including the opinion of the Attorney General which hold such things as devoting municipal funds toward defraying the expense of moving a private industry into a city illegal ; the opinion of the State Comptroller which is that a village may riot appropriate monies from its publicity funds to assist in preparing property in the village for occupancy by a desirable industry ; the opinion of the State Comptroller that money may not be borrowed and used by the municipality for the sole purpose of purchasing and remodelling a building to lease to a private industry in order to furnish employment for its citizens . " Attorney Miller said she wished to emphasize there is a serious question as to the legality and constitutionality of what is proposed, although this proposal is called a lease ; she thinks it is a thinly disguised guarantee of the occupancy of this building . She said she believes that if this proposal is passed, it could result in taxpayer litigation again: the City. Michael Pitchel , attorney , commented that he read in the newspaper that Mayor Conley said one reason for this action was that this was the only ballgame in town. He doesn' t think there is any doubt whatsoever that if the City let it be known to the developers that it intended to guarantee an 800 occupancy, it would have so many proposals to develop that project that it would not know which one to choose . He said he believes they are changing the contract to the extreme , which in itself is illegal and un- constitutional , and he believes there will be taxpayer litigation if this is approved. He said that the idea that you have a proposal of an agreement to agree is not what this resolution says . The Mayor is asking you, the Council , to authorize him to enter into an agreement , not to come back to this Council and come into an agreement later. Mr. Larry Siany , 250 Renwick Drive , representing Morse Chain Division of Borg Warner Corp . , stated that his firm is in no way objecting to the Center Ithaca project . They are extremely concerned, as a large taxpayer, over any liability to taxpayers without a detailed fact being available to the taxpayers of this particular community. He added to the previously stated objections that the City is entering into an agreement which is not in the best interest of the taxpayers . Mr. Michael Gross , 508 Linn Street , asked if for some reason the project does not lease , and the City has guaranteed a portion of the lease , what will the City do with that plan and that property? Mr. James Rothschild, representing Rothschild Bros . , addressed the meeting assuring the Council , as one who has made a big investment in downtown Ithaca and in the Commons , that he is interested in the development of the rest of the Commons . He said , granting the legality of the proposal , he thinks it is one of the most imaginative and innovative proposals that he has ever seen to develop an inner city commercial area . lie said he thinks the City has much more to gain than to lose by going ahead with the proposal because if they don ' t go ahead with it , he really questions. whether they will ever get another proposal to develop in the near future , and if that is true , every--hi-n; el-e around the Commons is in jeopardy . - 7- October 26 , 1U7819 The Rev. John Taylor , 207 Winston Drive , minister of the Unitarian Church , addressed the Council , as chairman of the Commons Advisory Board, speaking in favor of the proposal for development of the proposal for development of the Center Ithaca project . Mr . Sylvester Johnson , 133 Ithaca Commons , proprietor of Isle of You , addressed the meeting in favor of the proposed project , saying that the gentlemen representing Citizens Savings Bank had a very good point- -that the project will not happen unless the City does guarantee it . Mr . Stuart Lewis , 120 E . State Street , owner of three businesses on the Commons , addressed the meeting , speaking in favor of going ahead with the proposed project for completion of Center Ithaca. He said there is the utmost necessity to complete the project ; he is convinced that if this doesn' t happen it is a dead issue . Mr. Edward Conley, 1309 E. State Street , Mayor of the City of Ithaca, expressed thanks to the developers , the City ' s Planning Director and staff , City Attorney, Urban Renewal Agency and the Common Council for the effort they have directed to the proposal for the completion of the Center Ithaca �. project . He then reviewed the history of the development of the Ithaca Commons and the events leading up to the proposed project for its completion. He said the project could never be financed in a conventional manner without W the developers guaranteeing 800 of the leases . He also said that if the City does not have confidence in the proposal , how can they expect the Q financial institutions to have confidence . Mayor Conley urged the Council to support this particular resolution so that the City can get on with that lease in order that they can call HUD saying that the City has the financing in place and has met all the conditions of that financing. Then they will be able to have their builder set down and build that project . He said he hoped that the Council has confidence in himself and in the City Attorney to negotiate out the conditions of that lease with the City ' s best interests in mind , and that they will negotiate something that is livable . Mayor Conley asked City Attorney Shapiro to read the following resolution to the Council : Resolution HEREAS , the Ithaca Urban Renewal Agency and this Common Council have previously designated the firm of O' Brien , Taube , Gardner 6 Abbott , Inc. as the conditional redeveloper of the Ithaca Center Site , and WHEREAS , this designation was conditioned upon provision of an acceptable financial commitment by the developers , and WHEREAS , the city has made application to the U. S . Department. of Housing and Urban Development for an Urban Development Action Grant in the amount of $ 800 , 000 to assist the Ithaca Center Project , and WHEREAS , a condition necessary for the approval of this grant is uncondi- tional proof of private financing for the project , and WHEREAS , the Equitable Life Insurance Company has made a commitment for financing for the project conditional upon receipt of a UDAG and achievement of up to 80 percent leasing at the time of takeout , and WHEREAS , the Bank of New York is considering providing construction financing for the project conditional upon an absolute commitment for takeout , and WHEREAS , Equitable has indicated that a master lease by the City for up to 80 percent of the revenue of the project will assure takeout financing , and WHEREAS , this will in turn assure the provision of construction financing by the Bank of New York ; NOW, THEREFORE , BE IT RESOLVED , That this Common Council does hereby authorize the Mavor to enter into such a lease with the firm of O ' Brien , Taube , Gardner and Ah},ott , Inc . for space in the ' - ' C'C It (`r I e c t subject to nconti ! Ir ", of c)1Ch 1 T c— t !I c' l its Attorney an *tile Pi! t � I I C` f i' : ili'Iz' alPd `. t t to t '(1 194 8 - October 26 , 1978 Discussion followed on the floor. Alderman Nichols presented the following substitute resolution : Seconded by Alderman Gutenberger WHEREAS , the City of Ithaca has been requested to assume a lease for as much as 80 percent of the floor space of the Center Ithaca project , and WHEREAS , such a lease represents a large and hazardous commitment of City funds , and WHEREAS , the Common Council wishes to expedite early construction and completion of the Center Ithaca project with the resulting benefits to the Downtown Business District and the economic life of the community; NOW, THEREFORE , BE IT RESOLVED , That (1) this Common Council does hereby authorize the Mayor to enter into such a lease with the firm of O 'Brien , Taube , Gardner and Abbott , Inc . for space in the Ithaca Center Project subject to negotiating details of such lease to be developed by the City Attorney and the Director of Planning and Development , and subject to the legality of entering into such a contract , and BE IT FURTHER RESOLVED , That (2) the financial involvement of the City of Ithaca will require the active participation of designated representatives of the City in the process of obtaining further leases and all other areas where the financial arrangements may involve the stability of the City ' s investment , and BE IT FURTHER RESOLVED , That (3) no profit shall be paid out by the Center Ithaca project until the City of Ithaca has been fully reimbursed for the lease of any space in the Center Ithaca project , and BE IT FURTHER RESOLVED , That (4) the Common Council shall be kept informed of all financial details concerning the Center Itaaca project until the monies committed by the City of Ithaca have been repaid in full . Alderman Holman objected to the length and complexity of the substitute ` resolution without having time to study it . Common Council recessed at 10 : 05 p . m. Common Council reconvened in Regular session at 10 : 25 p .m. Alderman Nichols presented the following amended substitute resolution : Seconded by Alderman Slattery WHEREAS , the City of Ithaca has been requested to assume a lease for as much as 80 percent of the leasable floor space of the Center Ithaca project , and WHEREAS , such a lease represents a large and hazardous commitment of City funds , and WHEREAS , the City of Ithaca does in fact need such additional space in the downtown business district ; LOW, THEREFORE , BE IT RESOLVED , That (1) this Common Council does hereby authorize the Mayor to enter into such a lease with the firm of O' Brien , "` Taube , Gardner and Abbott , Inc . for space in the Ithaca Center Project subject to negotiating details of such lease to be developed by the City Attorney and the Director of Planning and Development , and subject to the legality of entering into such a contract , and BE IT FURTHER RESOLVED , That (2) the financial involvement of the City of Ithaca will require the active participation of designated repre- sentatives of the City in the process of obtaining further leases and all other areas where the financial arrangements may involve the stabilit, of the City ' s investment , and BE IT FURTHER RESOLVED , That ( 3) the Common Council shall be kept informed of all financial details concerning the Center Ithaca project until the monies committed by the City o * Ithaca have been repaid in full . -9- October 26 , 197fi195 Discussion followed on the floor. Alderman Gutenberger commented that it had been brought to his attention that Alderman Saccucci could not be present at the meeting and asked what his position on the proposed project was . City Attorney Shapiro was asked for an opinion on whether an alderman could be permitted to vote by proxy ; or by telephone . City Attorney Shapiro informed the Council that Roberts Rules of Order do not permit vote by proxy; however , the Council could waive the rules if it wished, but it would have to be unanimous . Alderman Holman commented that without established mechanism she did not believe the procedure should be waived. Mayor Conley asked City Clerk Rundle to read a memorandum addressed to him from Alderman Saccucci as follows : "MEMORANDUM TO : Mayor Conley FROM: Rudolph M. Saccucci RE : Ithaca Center DATE : October 25 , 1978 Q I have supported the downtown development since it was initiated and likewise I did it with this project once it was cleared. At this critical stage , I feel that the City should do its utmost or do everything possible to get this project off the ground. The good feature about this proposal is that the financial commitment from the City is not made now. The guaranteed commitment from the City will come a year from now. Hopefully , by then the financial commitment from the City will not be necessary . Meanwhile , the project will be built and we will have acquired the $ 800 , 000 from HUD. I also feel this proposal would be advantageous to the community , and by doing so the community will realize sales tax and property tax once the project is completed. Moreover, it would provide several jobs for many local residents . " Mayor Conley requested developer David Taube to explain to the Council , in the event the resolution was defeated, what the situation would be as far as the leases are concerned, and as far as the activity of the developer is concerned. David Taube commented that it was difficult to assess what the results might be . He said they have examined the possibility of continuing on into the next quarter , have reviewed this with the contractor to see whether or not they could go on , and have discussed the possibility of opening at the same time (November 1) the ground floor only . The biggest problem again is the leasing- - if they don ' t get into construction on a project of this sort they can ' t get the leases because the tenants interested in space are tenants who generally can see the space . He said they may or may not be able to obtain more leases . Discussion followed on the floor. The question of the adoption of the foregoing resolution was duly put to a vote on roll call , which resulted as follows : Ayes (a) - Nichols , Gutenberger , Slattery Nays (6) - Bordoni , Boothroyd , Holman , Boronkay , Meyer , Dennis Absent (1 ) - Saccucci Motion Defeated Mayor Conley expressed thanks to the Citizens Savings Bank for its support of Downtown Ithaca. Alderman Holman commented that the entire Council join-- with the ?fa , or in thanking the Citizens Savings Bank , the staff , the developer and all of those who have worked so hard . 196 ` i01u0 • r paumpa ( )[101D XJz ` alPund •V dasor , 4 •ui • d VV : I I jB pauino [pp ' uUl jaau1 @qj uOl low B u0 1,N3WMdfl00(IV 8L61 ` 9Z '3goIa0 -OI - CO1`•'MON COUNCIL PI:OCEFI'DINGS CITY OF ITHACA , NEW YOIZK Regular Meeting 7 : 30 P.M. November 1 , 1.978 PRESENT : Mayor-- Conley Aldermen (8) - Boothroyd , Bordoni , Boronkay, Dennis , Gutenberger , Holman , Nichols , Saccucci , Slattery ABSENT : Aldermen (2) - Dennis , Meyer OTHERS PRESENT : City Controller - Daley F=ire Chief - 'l leaver City Attorney - Shapiw Building Commissioner - Hoard Youth Bureau Director - Cutia Superintendent of Public Works - Dingman Director. of Planning & Development - Van Cort Chief of Police - Herson City Clerk - Rundle PLEDGE OF ALLEGIANCE : Mayor Conley led all present in the Pledge of Allegiance to the American flag. Q MINUTES : By Alderman Holman : Seconded by Alderman Bordoni RESOLVED, That the Minutes of the October 4 , 1978 and. October 10 , 1978 :neeti_ngs be approved as recorded by the City Clerk. Carried Unanimously ADDITIONS TO THE AGENDA: Budget and Adminstr. at _on Committee Alderman Slattery requested that the amended agenda for the Budget and Administration Committee be approved. No Council member objected. Planning and. Development Committee Alderman. Bordoni requested that an item concerning the Extension of Redeveloper Status of Developer for the Center City Project be added to the agenda. No Council member objected. Intergovernmental Committee Alderman Slattery requesteU that an item concerning the Fire Contract between the City of Ithaca and Town of Ithaca be added to the agenda. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL : Request Concerning Judith Best vs . City of Ithaca Suit_ Ms . Pauline Darren , 226 Fall View Terrace , addressed the Council egardin" Judith Best vs . the City of Ithaca , August 15 , 1978 , reporting that the case has never been to court , the case has never been indexed, it has never been on the motion term calendar and. no order filed with the clerk of court . She asked the City ••Attorncy what he had consented to . City Attorney Shapiro informed Mrs . Darrett that he had consented to the restraining order and the order to show cause signed by Judge Bryant restraining the city from taking any action with respect to 'Mrs . Best ' s property until such time as the matter would be heard and in accordance with the wishes of the Common Council at the September Council. meeting. Iie said the Council agreed to adjourn the ;natter indefin.ifely until Council had P. chance to take a look at the ordinance and regulations . ,,4t'rr, ; 11 D �GI T,11! 11 1 CommuniJtyAdvisory Committee Mayor Conley requested�tile approval of appointment or Marcella Si 1 acrn;ai3 , 198 -2 - November 1 , 1978 301 Elm Street and Susan Clarke , 323 South Titus Avenue to the Community Advisory Committee . Resolution ;7 1\lc erman Nichols : Seconded by Alderman Bordoni RESOLVED, That the Council approves the appointment of Marcella Silverman 301 Elm Street , and Susan Clarke , 323 South Titus Avenue to the Community Advisory Committee . Carried Unanimously Housing Board of Review Mayor Conley requested the approval of appointment of Susan Clarke , 323 S. Titus Avenue to fill the vacancy caused by Thomas Cusack' s resignatio.; on the Housing Board of Review, term of office to expire December 31 ,..1979 ; and the appointment of Mike Burns , 115 Monroe Street to fill the vacancy caused by Barbara hispeli ' s resignation on the Housing Board of Review, term of office to expire December 31 , 1980 . Resolution By ;alderman Saccucci : Seconded by Alderman Slattery 12ESOLVF.D , That the Council approves the appointment of Susan Clarke , 323 S. Titus Avenue to the Housing Board of Review, term of office to expire December 31 , 1979 ; and the appointment of Mike Burns , 115 Monroe Street to the Housing Board of Review, term of office to expire December 31 , 1980 ; to fill the Vacancies caused by the resignations of Thomas Cusack and Barbara iYhispell , respectively. Carried Unanimously COtNIMUNICATIONS FROM THE MAYOR: Presentation of the Budget mayor Conley explained that the normal procedure is for the Mayor to make his recommendations on the budget to the Common Council at its Regular meeting in November. He said, however , that in order to keep the budget out of the political arena, he would not make the .recommendations until after election- -that he is calling a Special meeting of the Council on November 8 , 1.978 , at 7 : 30 p .m. in the Council Chambers for this purpose . City Attorney Shapiro commented that it is legal to :candle the matter in this matter, although it is not according to the Administrative Code . Resolution By Alderman Holman : Seconded by Alderman Boronkay RESOLVED , That the Administrative Code be referred to the Charter & Ordinance Committee for review at the January 1971? meeting of the Council . Carried Unanimously CITY ATTORNEY' S REPORT : City Attorney Shapiro reported that one of the mall assessment suits , Lewis vs . the City of Ithaca, has been discontinued due to the completion of the peripheral streets ; in addition there are various appeals pending in the Appellate Division- -some zoning cases ; sale of 213 S . Plain Street - paper, Wert: is being takon care of concerning- this item; receipt of a deed without an abstract from the School District on the S. Hill School property. The suit of Mrs . Best is still pending and at the direction of Council , he has a(ljoarned the matter from day-to-day . There is an order restraining the City from clearing out Mrs . Best ' s lot . �`:.^.`.'OR' S '1011?IUNIC�\-IONS : So Ltbali Fie?us Cass Park Mayor Conley read the _Following to the Council : "The City has received authorization from the U. S. Heritage , Conservation and Recreation Service (formerly BOR) to begin immedi.ate construction of lighting for the softball fields at Cass Park . Feder-1 funding for this protect is included in a package prepared by the Department of Planning and Development for Cass Park Improvements . With this go-ahead, work can boy ,,in rioiv so that the lighting system will be in operation for the 1979 so''t:bal schedule . Without: this advance authorization , construction would there I1ad to wait: until the Spring-. The availability of night games will enable the C::i.t:, to host regional inter-City competition, as well as allowing tin i.ncrcasc Ili the number of City _league teams . c - 3- November 1 , 1978199 The Ithaca Amateur Softball Association will be working with the City ' s Department of Public Works in pursuing this project . The Association will be donating $10 , 000 toward the local share of the grant package . Most notably, labor will be volunteered by skilled, local. union craitsmen. Misc. A) Total Cass Park project cost : $329 , 000 B) Local share : 164 , 500 Federal share : 164 . 500 C) Softball lighting cost : 120 , 000 D) Local share , softball light-i_ng : (approx. ) 60 , 000 E) City share , softball lighting : (approx. ) 50 , 000 F) Components of Cass Park Improvement Program 1) Rink lobby improvements 2) Softball lighting 3) Rink Improvements November 1 , 1978 Common Council" Discussion followed on the floor. BUDGET AND ADMINISTRATION CO1`MITTEE : Emergency Signing stem to Tompkins County Hospital By Alderman Gutenberger: Seconded by Alderman Nichols WHEREAS, the Tompkins County Hospital has requested the implementation of an emergency signing system to direct motorists passing through the Ithaca area to Tompkins County Hospital in the event of emergency, and a systelai has been revised and approved by the proper State agencies , the Ne: Yolk State Department of Transportation having agreed to sign that portion of the route which is not in the City, and WHEREAS , the City would be required to erect signs on the route where it lies within the City and no funds exist in our budgets for these signs ; and WHEREAS, if funds were provided the signs could be fabricated and --rected before winter; NOW, THEREFORE , BE IT RESOLVED, That this matter be referred to the t?�ter- governmental Relations Committee of Common Council to negotiate with t.1he County for its participation in the implementation of a hospital route signing system. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Alderman Boothroyd arrived at the meeting at 8 : 15 p .m. Correction to Tax Roll By Alderman Gutenberger : Seconded by Alderman Holman WHEREAS , the 1978 Tax Roll for the City of Ithaca i;?cluded the property known and numbered. as 407 Third Street , owned by lZichard Shulman, 21 -Cedar Lane , Ithaca , New York 14850 , and WHEREAS , pursuant to Section 5.54 (Sub . 4a) of the Real Property Tax Lai•;, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by said taxpayer , and WHEREAS , said investigation. revealed that the business exemptions on the assessment roll for 1978 of $ 7 , 700 was not recalculated after the revralua- tion of the property, and WHEREAS , the business exemption for 1978 should be $22 , 200 (land Fi buildings - $55 ,100 , exemption - $22 , 200 , total $ 32 ,900) ; NOW, THEREFORE•, BE IT RESOLVED , That the 1978 Tax Roll for the City Of Ithaca be amended to reduce the total assessment of Tax 111u) 25- 5- 4 . 1 , 407 Third Street , from $47 , 400 to $ 32 ,900 , ancl. 200 -4- November 1 , 1978 BE IT FURTHER RESOLVED , That the City Chamberlain be authorized and cirIL-od to ma'.:o tho appropriate changes in the Tax Roll and to prepare a new tax bill for said property or ;Hake an appropriate refund if the 1978 City Taxes have been paid. Carried Unanimously Transfer of Sewer Funds By Alderman Gutenberger : Seconded by Alderman Bordoni RESOLVED, That •$10 , 000 be transferred from 61990 , Sewer Fund Contingency Account to Account H890- 77 , Other Sewer Lines . OOW Carried Unanimously Bikej�s By Alderman Holman : Seconded by Alderman Boronkay RESOLVED, That "Bikeways" be lifted from the table . Carried Unanimously Resolution By alderman Gutenberger: Seconded by Alderman Bordoni I'VHEREAS , this Common Council closed out the capital project known as "Bikeways" on September 6 , 1978 , and WHEREAS , it is the consensus of this Common Council that a part .of this system can be built in 1978 ; NOW, THEREFORE, BE IT RESOLVED , That this Common Council directs. the Board of Public Works to construct the signs necessary for the .route from Ithaca Commons to Stewart Park, and BE IT FURTHER RESOLVED, That the expenses for this project be taken out of operating funds of the Department of Public Works . Discussion followed on the floor. .. amendment to Resolution Ev Alderman Boronkay : Seconded by Alderman Holman RESOLVED, That the final paragraph of the resolution read, "BE IT FiIRTHE'. RESOLVED , That the expenses for this project be taken out of operating funds . " Discussion followed on the floor. A vote on the amendment resulted as follows : Ayes (3) Boothroyd, Holman, Boronkay Nays (5) - Bordoni , Nichols , Gutenberger, Slattery , Saccucci Amendment Defeated Alderman Bordoni withdrew his second of the original resolution. Alderman Boothroyd seconded the original resolution . After additional discussion , a vote on the original resolution resulted as follows : Ayes (2) - Holman, Boronkay Nays (0) - Bordoni. , Nichols , Gutenberger, Boothroyd, Slattery, Saccucci 1XIo Lion Defeated i ^mend.i_ng Resolution for North Side/South Side/Blood Street Park Projects By tcerman Gutenberger : Seconded by Alderman Boothroyd t'IIEItEAS , on August 9 , 1.978 , Comr I Council unanimously passed a resolu- tion to teirporarily abandon the capital project known as North Side-South Side improvements , 11390-174 , for $ 3, 000 , and Wood Street Park , H890- 175 , for $6 , 000 , and IUEI1 11 tiie City Controller �.aas authorIzed and directed to return $9 ,000 to P:he Fede7'al Government ; NO!:!, TIII?I?EFOI:E , BE I'T RESOLVED, That the above referred to resolution 1w to 5hovi th<<t the C:Ity Controller be , and he hereby is , - 5- November 1 , 1978 201 authorized and directed to return the $9 , 000 , plus interest earned , to City of Ithaca Community Development Agency and not to the Federal Government. Carried Unanimously Amendment to Fire Department F uipment List By Alderman Gutenberger : Seconded by Alderman Bordoni RESOLVED , That the 1978 Equipment List for Account A3410 , Fire Department , be amended to include one hand held 2- frequency radio . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Correction to Tax Roll By Alderman Gutenberger : Seconded by Alderman Saccucci WHEREAS, the 1.978 Tax Roll for the City of Ithaca included the property known and numbered as 223 Elmira Road, owned by Donald Lucente , 701. Mitchell Street , Ithaca, New York 14850 , and WHEREAS , pursuant to Section SS4 (Sub . 4a) of the Real Property Tax Law, the Director of Assessments has investigated an application for the correction of an error in essential fact filed by said taxpayer , and Q WHEREAS, said. investigation revealed that the business exemption on the assessment roll for 1978 of $14 ,900 was not calculated after the revaluation of the property, and WHEREAS , the business exemption for 1978 should be $ 32 , 900 (lard buildings - $95 , 200 , exemption - $ 32 , 900 , total - $62 , 300) ; NOW, THEREFORE , BE IT RESOLVED, That the 1.978 Tax Roll. for the City of Ithaca be amended to reduce the total assessment of Tax Plop 116- 1-12 . 2 , 223 Elmira Road, from $80 , 300 to $62 , 300 , and BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax troll and to prepare a new tax bill for said property or make an appropriate refund if the 1978 City Taxes have been paid. Carried Unanimously- Audit By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Admini- stration. Committee in the total amount of $19 , 061 . 93 as listed on Audit. Abstract #19- 1978 be approved for payment . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously CHARTER AND ORDINANCE COMMITTEE : Ithaca Commons Ruies or Procedure - Ordinance dratted by City � ttorne,T to incorporate previously adopted rules for Commons into the N� unicipal Cody By Alderman Nichols : Seconded by Alderman Saccucci ORDINANCE NO. 78- 17 AN ORDINANCE ADDING CHAPTER 70 ENTITLED "ITHACA COMMONS PULES" TO Tifi-i CITY OF ITHACA MUNICIPAL CODE . BE IT ENACTED &NTD ORDAINED by the Common Council of the City of Ithaca, New York as follows : Section 1 . That a new chapter to be known and designated as Cha,)ter. 70 entitled "Ithaca. Commons Pules" is hereby added to the City of Ithaca y9unicipal Code to read as follows : CHAPTER 70 ITHACA COMMONS RUT..,S ARTICLE I GEINE'R,AI, PIOVISIONS 202 - 6- November 1 , 1978 Section 70 . 1 Title This Chapter shall. be known and may be cited as the "ithaca Commons Rules . " Section 70 . 2 Purpose The purpose of this Chapter is to regulate the use and maintenance of the Ithaca Commons so as to promote the general welfare and public use of said area. Section 70 . 3 Definitions As used in this Chapter : 1 . "Ithaca Comi„ons shall mean that area of public property between the south building lines in the north side and the north building lines on the south side of the former bed and associated sidewalks of East State Street between the east line of Cayuga Street and the West line of Aurora Street , and that area of public property between the west building lines on the east side and the east building lines on the west side of the former bed and associated sidewalks of N. Aurora St . , between the north line of State Street and the south line of Seneca St. in the City of Ithaca , N.Y. 2 . "The Commons Advisory Board" shall mean that board duly appointed by the Mayor with approval of Common Council charged with various activities and/or powers relating to the Ithaca Commons 'by the Common Council . 3. "The Operations Manual" shall mean that set of rules , regulations , guidelines , and/or procedures duly adopted as such by the Common Council relating to the Ithaca Commons as amended from time to time . ARTICLE II SPECIAL PROVISIONS N Section 70 . 4 Permit Required Sales , solicitations , or organized activities as described in the Operations 'Manual shall be permitted on the Ithaca Commons only by permit duly issues 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. Section 70 . 5 Motor Vehicles Operation of vehicles other than emergency vehicles and City-owned service vehicles is prohibited, except by permit issues by the Sup.erin- tendent of Public Works . Section 70 . 6 Bicycles , etc. Riding of bicycles , roller skates , skate boards and similar wheeled devices is prohibited on the Ithaca Commons . Bicycles may be walked to storage racks providDd for that purpose . Wheelchairs , baby carriages , and similar devices intended for the convenience and comfort of handicapped persons or infants are permitted.. Section 70 . 7 Posting Postin ; of bills or notices or the attachment of any unauthorized " devices to any structures of the Commons is prohibited. Exceptions to t}; i s rogti i at iori shall be the display boards located in the three directory tourers of the Commons . Bulletins shall be placed in. such d=isplay boards by the the Designated Authority and shall be removed by such authority after a reasonable pe-,•iod of time , to be determined by them. Section 70 . 8 !Zefuse All refu-lem rubbish and litter gonerated by public use of the t.1o,,i;,r11ri.- 1W7., be, placed In receptacles provided for that purpose . 203 - 7- November 1 , 1978 Recessed store entrances , foyers , or other areas within the bu:Llding lines shall at all times remain the responsibility of the tenants or owner , who shall keep them in a clean and sanitary condition. The sweeping or depositing of refuse or other litter onto the Commons is not permitted. Section 70 . 9 Storage No storage of items , material or stock , etc. will be allowod "117- where on the Commons , except by permit issued by the Superintendent of Public Works . Section 70 . 10 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. Ithaca City Charter and Code of Ordinances # 65 . 27) . Section 70 . 11 Cleaning and Repairing All users involved with activities on the Commons shall be C�J responsible for the cleaning and repairing to assure that the Commons W will be returned to its prior condition previous to its use . Failure < to comply with this provision shall result in the City ' s taking necessary < action to clean and repair the Commons and to restore it to its prior condi- tion. In such case the City shall bill the user for the cost of such repairing or cleaning , both on the Ithaca Commons and on the surrounding tax benefit district as defined by resolution of the Board of Public Works on Ttarch 27 , 1974 . It is expected that the same level of maintenance w1 i be extended to the entire tax benefit district as prevails for the Ithaca Commons . This provision shall not relieve the City from performing normal ; routine , cleaning and maintenance activities . Section 70 . 12 Alcoholic Beverages No alcoholic beverages may be consumed on the Ithaca Commons except by permit issued by the Common Council . Section 70 . 13 Animals No animals are allowed on the Commons unless they have been specifi - cally authorized by permit issued by the Superintendent of Public Works . This provision does not apply to seeing-eye dogs . Commons residents owning animals may apply to the Commons Advisory Board for special con.sidera- ticn. Section 70 . 14 Fountain No person shall climb upon or permit minors in his or her custody to climb upon the fountain structure on the Ithaca Commons . Section 70 . 15 Advisory Board The Ithaca Commons Advisory Board will establish a permit procedure to regulate all sales , displays , 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 . Section 70 . 16 Appeals Any persol 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 it , with or without conditions . Section 70 . 17 Existing Ord_ 7iances All existing ordinances of the City of I LJitjc�4 sii r1 ai',j7i.'y' Ithaca Commons unless superseded by one of the before n,E:ntioncd pro- visions of this Ithaca Commons Ordinance . 204 - g- November 1 , 1. 78 Section 70 . 50 Violations Any person who shall violate any provision of this Chapter shall DC Punished as provided in Section 1 . 10 of this Municipal Code . Section 2 . This Ot.dinance shall take effect immediately and in accordance with the law upon publication of a notice as provided in Section 3. 11 (B) of the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously :, Ithaca Commons Manual of Operations Alderman Nichols repurted that the committee has nct yet dealt with the Ithaca Commons Manual of Operations but she has copies to give to members of the committee and any other aldermen who would like copies . She suggested it probably could be adopted at the next meeting of Council . Courtesy, Parking Tickets Alderman Nichols reported that Deputy Chief Panliero called to her attention that the new courtesy parking tickets which the city has are a violation of another rule which says a person is not supposed to put additional money into the meters , but instead is supposed to move the car. She said she called this to the attention of the Department of Public Works who may need to change the ruling. Taxicab Ordinance Alterman Nichols reported the committee had met with owners of the three . ajor 'taxicab companies , and that a great deal of progress was made on the ordinance , which she expects will be completed and ready to bring to Council in January 1979 . The owners were cooperative and made many good SU"Clestions , including one that the ordinance should state a fee for waiting time . ,MAYOR' S APPOINTMENTS : Mayor Conley asked for the approval of the Council for appointment of Gregory Kasprzak, 314 Taylor Place , to a full five-year term on the Ithaca Housing Authority, term of office to begin October 1.7 , 1978 and expire October 17 , 1983. Mr. Kasprzak has been filling out a term on the Authority. Resolution By Alderman Holman : Seconded by Alderman Boronkay RESOLVED , That the Council approves the appointment of Gregory Kasprzak, 314 Taylor Place , to a five-year term on the Ithaca Housing Authority, term of office to expire October 17 , 1983. Carried Unanimously Reception Ia,or Conley extended an invitation to all Councilmen to attend a reception the following day at 2 : 00 p .m. in the Mayor ' s Conference Room for representatives of an East German Optical Company seeking an outlet I or their equipment . PL N`"ING AND DFVELOP'MENT COMMITTEE : t ns1or of Receve ►9Loper Status tie xir. :iDor�n, : Sec n— by Alderman Saccucci BE 1T RE'SOLVED , That Common Council grant an extension of conditional j redeveloper status to O' Brien , Taube , Gardner and Abbott , Inc . until February 7 , 1979 . Carried Unanimously IN ?'1�,1ZGOVCiRNIvIEi�ITAL RELATIONS COMMITTEE : Agreement_ City of ,J thaca Countyo of Tompkins Fire Dispatchers A 1 do t-maxi �l_ -t-t.ery r� i� Tfe uollowing commune cat ion from Clty Attorney Slhahiro , datcd. October 23, 1978 , addressed to Messrs . Slattery and llear�.i.s , Chairrnian and Vice Chairman of the 1.ntergowernmental Relations Cc;a.:ritiee . 205 -9- November 1 , 1978 "Attached hereto please find an agreement drafted in regard to the above entitled matter for your review as well as a copy of a resolution passed by the Hoard of Representatives in regard to same . Chief Weaver feels that Common Council should pass a similar resolution, if not already done . " Resolution By Alderman Slattery: Seconded by Alderman Nichols "THIS AGREEMENT, made as of the 1st day of March, 1978 , by and between the CITY OF ITHACA, a municipal corporation organized under the Laws of the Statc of ,1Iow York, with offices at 108 East Green Street , Ithaca , New York , hereinafter referred to as the "City" and the COUNTY OF TO;IPKI;\S , a municipal corporation of the State of New York , with offices at 320 North Tioga Street , Ithaca, New York, hereinafter referred to as the "County. " W I T N E S S E T H : WHEREAS , the parties hereto are desirous of sharing the costs for County Fire Dispatchers , NO1t', THEREFORE , in consideration of the promises , covenants and agree.- menu herein contained, the parties hereto agree as follows : 1 . Commencing March 1 , 1978 , the County shall be the sole empio-er Q of the Fire Dispatchers . All employees hired by the County shall be classified in Grade VI and hired at the minimum rate . 2 . The County, as such employer, will pay said Fire Dispatchers in accordance with the terms of the contract executed bet,,.cen the Tompkins County Civil Service Employees ' Association and the County of Tompkins and said employees shall be entitled to all benefits afforded under said contract. 3. The City shall reimburse the County for 500 of the total salary and benefits costs of said employees for the period March 1 , 1978 - February 28 , 1980 . 4 . The Fire Dispatchers shall be housed without charge at the City Central Fire Station. 5 . The term of this contract shall be for two years commencing March 1 , 1978 and terminating February 28 , 1980 . IN WITNESS WHEREOF , the parties hereto have caused their corporate Seals to be hereunto affixed and this agreement to be signed by their duly authorized officers the day and year first above written. COUNTY OF TOMPKINS By Chairman, Board of Representatives CITY OF ITHACA By Mayor" "RESOLUTION - AUTHORIZATION TO EXECUTE CONTRACT - CITY OF ITHACA AND FIRE DISPATCHERS RESOLVED, upon recommendation of the Intergovernmental. Relations Committee , That the Mayor be and hereby is authorized to execute the renewal of the contract between the City of Ithaca and the County of Tompkins for the sharing of the costs of the Fire Dispatchers under the sane terms and i condtiOiLS for an additional two-yeas term. copies to : County Administrator. County Attorney City of Ithaca" Carried Unanimously Intergovernmental Relations Committee uteetings Alderman Slattery reported that lie Tvjas- the sole. city -representat:i ITC, at the last meeting of the III t:erl;CJV ,.,rnIP01,;tii. . iZC .?''_:3 )I"?S coliw1ilt 1:,ce tiiC_-Ct l He, requested that t,her,-, be greater p irtic:ip,I !cc,i :<,iIr,ICJ anti l.l-v tto-j1ov at U :I2't- ],icet�Tl!7S . ". :� 206 -10- November 1 , 1978 Slattery in his request and commented that meeting notices will be sent CIRCLE GREENWAY CO`-IivII SS ION : Alderman Nichols reported that the walk that was going to measure the Circle Greenway was rained out ; however, it was taken another weekend-- it takes roughly 6 hours to complete the walk which is 8 1/2 miles . UNFINISHED AND '114ISCELLANTEOUS BUSINESS : Railroad Crossing - Nest End Alderman Boronkay asked Planning and Development Director to report on the status of the railroad crossings in the West End of the city. Mr. Van Cort reported that he has written to the proper authorities twice and as yet has received no answer. He said he will continue to follow up on the matter. :Mayor Conley informed the Council that he has been appointed by the Governor to a watchdog committee to monitor the activities of railroad services in the area. A meeting was held in Buffalo two weeks ago which he was unable to attend; however, he volunteered to try to assist Mr. Van Cort in seeing if he can get an answer to his letter. NEW BUSINESS : Bikeways By .Alderman Holman : Seconded by Alderman Boronkay IffiEREAS , this Common Council closed out the capital project known as "Bikeways" on September 6 , 1978 , and M-IEREAS, it is the consensus of this Common Council that a part of this system shall be built in 1979 ; NOW, THEREFORE , BE IT RESOLVED , That this Common Council include in its 1979 budget a capital project to be known as "Bikeways , " and BE 1T FURTHER RESOLVED , That an allocation of funds to the "Bikeways" capital project be included in the 1979 City of Ithaca budget , said allocation to be sufficient to adequately sign that portion of the route from the Commons to Stewart Park and that funding for this portion be th(; minimum amount considered, and BE IT FURTHER RESOLVED, That the Department of Public Works be directed to develop a budget for the Bikeways capital project in the month of November 1978. Carried Unanimously Noxious '.-^leeds and Trash By Alderman Slattery : Seconded by Alderman Saccucci RESOLVED , That the section of the Housing Code dealing with noxious creeds and trash as a danger to health and safety be referred back to the Charter and Ordinance Committee . Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 9 : 30 p .m. �� 10_�4Yh A. Rundle , City CleiT. E war J. Conley, Xyor COMMON COUNCIL PROCEEDINGS 20 CITY OF ITHACA, NEW YORK Special Meeting 7: 30 P.M. November 8 , 1978 PRESENT: Mayor Conley Aldermen (8) - Boothroyd, Bordoni , Dennis , Gutenberger, Holman, Meyer, Saccucci , Slattery ABSENT: Aldermen (2) - Boronkay - Nichols OTHERS PRESENT: City Controller - Daley Director Youth Bureau - Cutia Asst . to Supt. of Public Works - Dougherty Fire Chief - Weaver Director Planning $ Development - Van Cort Supt. of Public Works - Dingman Building Commissioner - Hoard Chief of Police - Herson City Clerk - Rundle Fire Fighters Local 737 - Apgar, Olmstead, Van Benschoten PLEDGE OF ALLEGIANCE: Mayor Conley le all present in the Pledge of Allegiance to the American flag. Q ADDITIONS TO THE AGENDA: Bu get an A ministration Committee : Alderman Gutenberger requested the addition of two Union Contracts to the Agenda- -Firefighter' s Local 737, and City Executive Association. No Council member objected. BUDGET AND ADMINISTRATION COMMITTEE: Agreement - City Ot Ithaca and the City Executive Association By Alderman Gutenberger . Seconded by Alderman Holman RESOLVED, That the agreement between the City of Ithaca and the City Executive Association, effective January 1 , 1979 , be approved as recom- mended by the City ' s negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Agreement - City of Ithaca and the Fire Fighter' s Local 737 By Al erman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the agreement between the City of Ithaca and the Fire Fighter' s Local 737, effective January 1 , 1979 , be approved as recommended by the City' s negotiator, and that the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Personnel Changes in Youth Bureau By Alderman Gutenberger : Seconded by Alderman Saccucci - RESOLVED, That the Personnel Roster for the Youth Programs be amended to include the following positions : 3 Youth Workers (Youth Bureau) Regular Part-time 3 Recreation Specialists (Youth Bureau) Regular Part-time 3 Recreation Attendants (GIAC) Regular Part-Time 1 Recreation Attendant (Youth Bureau) Regular Part-Time 1 Clerk (GIAC) Regular Full -time and 208 - - November 8 1978 BE IT FURTHER RESOLVED, That the part- time position of Account Clerk- Typist (GIAC) be eliminated, and BE IT FURTHER RESOLVED, That the salary for the position of Recreation Attendant be established at $S , SS1 per annum to a maximum of $8 , 217 per annum. Discussion followed on the floor . A vote on the resolution resulted as follows : i Carried Unanimously Appointment - GIACA By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That Christabell Barnes be appointed a Clerk in GIAC at $6 ,494 per annum, which is Step 4 , effective November 6 , 1978 , subject to the required probationary period. Carried Unanimously Budget and Administration Committee Meeting Alderman Gutenberger announced--t—gat he would like to have a Budget and Administration Committee meeting following the Council meeting, to start work on the 1979 Budget . SPECIAL ORDER OF BUSINESS : Presentation of Ma or' s Executive Budget for 1979 Mayor Conley presented the following to the Council : "You have before you a summary of the 1979 Estimated Revenues and Departmental Budget Requests . I have had an opportunity to review these documents with department heads and wish to share with you some of my thoughts and recommendations . I have reviewed the Estimated Revenues with the Controller and have made some changes . I am recommending a figure of $9 , 591 , 136 to be used as a reasonable income projection. The 1979 Departmental Budget Requests total $10 ,912 , SS9 . It is my opinion that these requests were developed by the department heads with a high degree of responsibility. However, the gap between the Budget Requests and Estimated Revenues is $1 , 321 , 423. Faced with this shortfall I have , with the Budget and Administration Committee , Controller and department heads , attempted various means to create a fair and equitable formula for reducing this deficit . We dis- covered that the establishment of a formula by using historic figures was not much help in establishing a responsible budget . During this period President Carter made his anti- inflationary recommendations to the Nation which would limit expenditures or prices not to exceed 5-5 . 75% , and asked that wage increases not exceed 7% . We have applied these recommendations by increasing the taxes by 5 . 75% and limiting departmental budgets to a 5% increase over their 1978 budgets . As Council recognizes , we are in the midst of wage negotiations ; much negotiating was done prior to the President ' s message . Our present esti- mates are that wage settlements are running generally in the area of the President ' s guidelines . It must be further understood that our department heads will find great difficulty in operating their individual departments with the 5% increase, in spending, where wage negotiations in all probability will be substantilly higher than they were , and higher than the 5% figure . Also , in the accounts that have high utility use , such as the Public Works Department and the Fire Department, they will find it difficult with the 5% increase while facing substantially higher utility increases . As we further develop the budget into a tentative budget state many problems with this formula will surface . We need to keep an open- and flexible mind to achieve a budget through this process . We must make difficult decisions to be sure the City' s expenditures do not exceed 59 and to continue to develop our Capital Program to achieve goals this City has set for itself. - 3- November 8 , 197 0�� It appears to me that we need to develop a combination of re-evaluating our goals as far as capital projects are concerned, and take a long hard look at new operational procedures by maximizing our program efforts and reorganizing methods of delivering services . For example , in many areas of the Youth and Recreational Departments , one department is operating programs while another department is maintaining facilities . We need to reinvestigate the possibility of achieving maintenance and operation with one single effort. We need full cooperation of all the department heads , lay boards and the Council to closely scrutinize each and every way we deliver services . Together we must find new ways to accomplish our goals without creating undue hardship- -by creating a more efficient , economic, and cooperative effort. Let me now list a few specific recommendations : If we are to achieve any substantial lasting budgetary savings other than putting off expenses this year only to face greater problems in the future , we must set goals for ourselves as they relate to personnel positions within the City. If we are to avoid situations in the future T-i where lay-offs are necessary, we must start now in eliminating any new positions unless they are very carefully evaluated by the department head and Common Council . I would therefore ask that we create no new positions in the 1979 budget. However, I want to point out two specific W problems : Q (1) Engineering Division recommendations from the consultant--The department and the Board of Public Works are recommending a new position of Assistant Engineer. I feel that if we collectively work with the department and the Board we could evaluate our total personnel needs that would allow us to accommodate this request by utilizing savings in other payroll accounts spread across the department. (2) Zoning- -A request has been made for a position to administer and enforce the Sign Ordinance which would go into effect in 1979 . In this case Council has an alternative between the Department of Planning and Development and the Building Commissioner' s Office for its enforcement. I would prefer to see both departments develop a plan to accomplish the goals with existing personnel . If we can' t find a way to accomplish these goals we should then face the possibility of rescinding the Sign Ordinance , which I don' t think would be in the City' s best interest . To have a sign ordinance on the books without manpower to enforce the ordinance doesn' t make much sense . Then again, with thoughtful cooperation between the two departments and Common Council , we should be able to develop a mechanism to accomplish our goals . In the 1978 Budget , Council has appropriated partial funds for a Personnel Administrator. I would find it very difficult , knowing the problems that we face keeping existing departmental budgets on target without facing elimination of existing positions , to recommend filling the position of Personnel Administrator. Again, I would keep my position flexible but would like to work with Council on investigating the possibility of achiev- ing our goals with existing city personnel . During this budget period we have agreed to extend our transportation system as of January 1st- -a new route that would give service to the hospital and Ithaca College . In this budget recommendation we have two additional bus drivers ' positions requested which must be funded. However, let me point out this is substantially offset by contributions to the bus funds from Ithaca College , Tompkins County and the Town of Ithaca. Our conservative estimates on income for the bus run have been approximately $67 ,000 . All other additional positions that have been requested for 1979 : my recom- mendation is to deny these requests . However, before such decisions are made , I mould like to give Council the opportunity to speak to each depart - ment head and find out why this position has been requested. I further recommend that Council institute a freeze on all positions and , between now and the adoption of the tentative budget , that the Budget and ;Administration Committee and Council adopt a new roster that , when adopted, would alloi, 210 - 4- November 8 , 1978 departments to fill necessary established positions , yet give Council the flexibility to reassess each position as it becomes vacant to determine if we could fill the position with existing personnel . In the area of substantial expenditures the City must make from time to time , the City has established reserve accounts for such items as bridges , replacement fire engines , etc. I would, at this time , like to create a Capital Reserve for Major Equipment in the Public Works Department . In the past ten years expenditure experience , we have averaged spending $150 , 000 a year on major equipment . However, each year we have substanti equipment requests that have become difficult to fund in any one given ye So , if such an account were created, the Department of Public Works would be able to plan for major purchases and establish priorities according tom' " the availability of funds . The additional benefit would be that the City could plan each year on constant budget items by putting more responsi- bility on the shoulders of the department. In discussions already underway with the department heads , we will collect- ively be continuing to study ways of reducing our energy costs and establishing cost savings . For example , the possibility of arranging hours on facilities that are open , the length of season we will operate facilities , - -even the possibility of exploring cost savings by operating a four-day work week during the high energy month. We have not yet received our first telephone bill under the new telephone system but when we do receive the bill , we will be analyzing controls that will lead to savings on that utility. It appears , as it has in the past , that the Capital Budget is working its way into being the account we end up balancing our City Budget with. I am sure we all agree this is most unfortunate . However, in light of all other budget constraints we will be dealing with over the next two months, a serious evaluation of capital projects and long-range goals is absolutely essential . Overall , this total budget recommendation lacks many of the specific budget cuts which I wish we could recommend. However, I hope you all recognize that I am allowing to limit department spending and leaving', the responsibility to effectuate those cuts in the hands of the departmen heads . I feel we should develop an overall policy in which the City shout ; be moving and depend on the department heads to review their own department allocations and explain to us how they envision their department dealing with problems and services at hand with funds they are allocated. This message also calls for continued and intensive effort by my office , the Common Council and the staff, although decisions must be made with. full participation by everyone responsible for the City's taxpayers ' funds. I wish I were in a position to assure you that the 1980 budget and budgets in the future will be looking brighter. However, I am sure if this Council and all elected officials at all levels deal with the difficult economic problems we have , we will be able to deliver high quality service and continue to find new ways to deliver those necessary services the taxpayers expect and deserve. " Mayor Conley briefly reviewed the Mayor's Recommendations for the 1979 Budget with. the Council . Resolution By Alderman Slattery : Seconded by Alderman Saccucci RESOLVED, That the Mayor' s Recommendations for the 1979 Budget be referred to the Budget and Administration Committee . Carried Unanimously- ADJOURNMENT : On a motion the meeting adjourned at 8 : 42 p.m. d J sep A. Run le , City Cler 7- Edward J.ronley, ayor 211 COMMON COUNCIL PROCEEDINGS CITY OF ITH.ACA, NEW YORK Regular Meeting 7 : 30 P.M. December 6 , 1978 PRESENT : Mayor - Conley Aldermen (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger , Holman, Meyer, Saccucci , Slattery ABSENT : Alderman (1) - Nichols OTHERS PRESENT : City Controller - Daley City Attorney - Shapiro City Engineer - Cox Building Commissioner - Hoard Fire Chief - Weaver Chief of Police - Herson Director Youth Bureau - Cutia City Clerk - Rundle PLEDGE OF ALLEGIANCE : (� Mayor Conley led all present in the Pledge of Allegiance to the LJ American flag. MINUTES : By Alderman Bordoni : Seconded by Alderman Boothroyd RESOLVED, That the Minutes of the October 25- 26 , 1978 , the November 1 , 1978 , and November 8 , 1978 meetings be approved as recorded by the City Clerk. Carried Unanimously ADDITIONS AND DELETIONS TO THE AGENDA : Budget and Administration Committee Alderman Gutenberger requested that Item H, Close-out of Trust and Agency Accounts and Capital Accounts , be deleted from the Agenda. No Council member objected. Human Services Committee Alderman Bordoni requested that Item B , Request from Fire Chief, be added to the Agenda. No Council member objected. COMMUNICATIONS : Letter from Ithaca Landmarks Preservation Commission City Clerk Rundle read the following letter to the Council : "December S , 1978 Mayor and Common Council City of Ithaca Dear Mayor and Council Members : At its December 4th meeting , this Commission voted unanimously to designate nineteen properties , as indicated on the accompanying material , as extensions of the city ' s DeWitt Park Historic District . This action is forwarded to you for ratification as provided by the city' s Landmarks Ordinance . This designation serves two purposes : Primarily , it distinguishes areas containing structures of some historic and architectural value to the community , and provides for them a measure of protection from change which would reduce those values . Secondly , it includes in the cite historic district all properties which are also contained in the federal National }register district , removing confusion over which benefits and safeguards apply to which properties . The Commission ' s action was taken folloi. ing due notice to the oi-ners 21.2 - 2 - December 6 , 1978 of properties involved , and the advertised public hearing required. Public statements were made for and against designation , and the Commission ' s unanimous vote represents its considered opinion that the significance of the properties involved warrants recognition and a city commitment to their conservation . We respectfully urge Council ratification of this Commission ' s action at the earliest possible time . The accompanying information is presented in support of this request for your consideration ; its return would be appreciated when a decision has been reached. The Commission will be happy to participate in discussions concerning this matter , on request ; please notify the Secretary or Victoria Romanoff , ILPC Vice Chairperson , 203 W. Buffalo St . , 273- 5796 . Respectfully submitted for the Commission Jonathan Meigs Secretary Enc. cc : Planning Board, Building Commissioner" Resolution By Alderman Holman: Seconded by Alderman Meyer RESOLVED, That the request from the Ithaca Landmarks Preservation Commission be referred to the Planning and Development and Charter and Ordinance Committees jointly. Carried Unanimously Letter from Environmental Commission City Clerk Rundle read the following letter to the Council : "December S, 1978 Mayor Conley and Members of Common Council 108 E. Green Street Ithaca , New York Dear Members of Council : I would like to urge Council to fund the Cherry Street Industrial Park this year , even if it means that other major projects must be delayed. The concept of this park was presented to the Environmental Commission at a recent meeting . Although we had no specific resolution to act on, the Commissioners were favorably impressed with this plan as compared to most others we have encountered . Among the advantages are the following : (1) If there is growth in the Ithaca area , it should be attracted to the city rather than to rural areas where the environmental impact of development would be far greater . The Cherry Street Industrial Park will do this. a , (2) City control at the planning stage will enable us to incorporate landscaping and other amenities (perhaps even bikeways: ) that serve the best interests of the city' s people and environment, and still enable developers to avoid costly delays. (3) Most obviously, the money will have to be spent by the city whenever this area is developed ; by funding it now, the city can receive federal funds, and also will be able to begin collecting taxes from the developments much sooner . -3 - December 6, 19;8 213 With this year ' s tight budget , many people will be disappointed as their favorite projects are turned down. I think that they will all get their wishes sooner if the city uses its scarce funds now to invest in its own economic and environmental future. Sincerely yours , Patricia M. Carlson" Mayor Conley expressed appreciation for the support of the Environ- mental Commission of the project. He commented that he felt at the meeting the previous evening that the Council in general is willing to support the project; however, it had to make clear the true financial picture of the City. He said he hopes that the Council will refer the letter from the Environmental Commission to the Budget and Administration Committee for consideration when the tentative budget is adopted . COMMUNICATIONS FROM THE MAYOR: Proposed Ordinance �. Mayor Conley read the following proposed ordinance to the Council : "AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES" W OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Q Ithaca , New York, as follows : Section 1 . That Chapter 60 entitled "Traffic and Vehicles" of the City of Ithaca Municipal Code is hereby amended as follows : 1 . That a new section to be known and designated as Section 60 . 63 entitled "Bus and Common Carrier Exclusions" to follow Section 60 . 64 is hereby added to said Chapter to read as follows : "Section 60 . 65 Bus and Common Carrier Exclusion Unless otherwise provided to the contrary, no bus or common carrier , whether for hire or not, shall be operated upon, stop on, or stand on any City street in the corporate limits of the City of Ithaca ; nor shall such bus or common carrier pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any city bus stop in said corporate limits of the City of Ithaca , unless a permit is obtained therefor from the Common Council of the City of Ithaca, or its designee, the issuance of which permit shall be at the sole discretion of the Common Council of the City of Ithaca . Section 2 . This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3 . 11 (b) of the City of Ithaca Municipal Code . " Discussion followed on the floor . Resolution By A7�erman Slattery: Seconded by Alderman Saccucci RFSOLVED, That the above proposed ordinance be approved by this Council . A vote on the resolution resulted as follows : Aves (8 ) - Fordoni , Boothroyd , Metier , Dennis , Gutenberger , Boronkay, Slattery, Saccucci Nay (1 ) - Holman \ ichols .irr1ed 214 - 1 - December 6 , 1978 CHARTER AND ORDINANCE COMMITTEF : 24 -Hour Parkin _,_EfawtTiorne Circle By .alderman Slattery : Seconded b� Alderman B o r o n k a y WHEREAS, there are only even house numbers on Hawthorne Circle , and WHEREAS , there is not sufficient space to park cars of residents on one side of Hawthorne Circle , and sufficient space does not exist on adjacent streets to accommodate cars of Hawthorne Circle residents ; THEREFORE, BE IT RESOLVED , That the Board of Public Works consider adding Hawthorne Circle to Schedule B of Section 60 . 42 (Traffic <. : and Vehicles) of the Municipal Code , thereby allowing 24 -hour park- ing on Hawthorne Circle . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Regulation of noxious weeds and undergrowth on private property Al erman Slattery reported that the committee has been studying the Housing Code as it relates to undeveloped lots and are attempting to resolve a difficult matter in the Code and work out a reasonable and fair solution to permit dealing with obnoxious weeds , sumac trees , brush, vegetation, etc . on private property. He expects a resolution should be forthcoming at the January meet- ing of the Council . PLANNING AND DEVELOPMENT COMMITTEE : Affirmative Action Officer Alderman Dennis referre to a resolution passed by the Ithaca Urban Renewal Agency and referred to the Planning and Development Commit- tee . The Planning and Development Committee has not yet met to review the recommendation of the Ithaca Urban Renewal Agency. Mayor Conley commented that he has scheduled a meeting in Albany with The New York State Department of Civil Service for Friday morning , December 8 , 1978 , to discuss one of its restrictions to the position of Personnel Administrator which was troublesome to him. They will attempt to resolve that matter at the Friday morning meeting so that a Personnel Administrator can be appointed before the end of the year . Public Hearing of Fifth Year Entitlement Application By Al erman Dennis : Sec—&-n-Jed by Alderman Boott ro__y_&- WHEREAS, the Citizens ' Advisory Committee and the Ithaca Urban Renewal Agency will have reviewed the application for Fifth Year Entitlement Funds , and will have approved it ; THEREFORE, BE IT RESOLVED, That Common Council will hold a public hearing at the start of their regularly scheduled meeting on January 3 at 7 : 30 p .m. , in Common Council Chambers , to review the final application and approve the Entitlement Application for sub- mission to HUD (Housing and Urban Development) . Carried Unanimously eRFY^S+ HUMAN SERVICES COMMITTEE : Meeting -with Wrecker Services Alderman Bordoni reported that the Committee had met ; the five wrecker service operators and Deputy Chief of Police were invited to the meeting . The committee had planned to attempt to come to some type of agreement at that meeting , but because committee members were not present it was more of an informational meeting . The committee will attempt to meet again on January 10 , 1979 . 215 - 5- December 6 , 1978 Request from Fire Chief Alderman Bor oni rea the following letter from Fire Chief Weaver to the Council : "December 5 , 1978 Mr . Ray Bordoni , Chairman Human Services Committee Common Council Ithaca, N. Y. 14850 Dear Sir : The Board of Fire Commissioners requests that Common Council authorize them to receive bids on a custom 1250 gpm pumping engine to be delivered in 1980 . Funds for this acquisition will be avail - able at the present rate of appropriation to the reserve fund . Sincerely yours , Charles M. Weaver Fire Chief CMW:mjc„ Q Q Resolution By Al—man Bordoni : Seconded by Alderman Boronkay RESOLVED, The request from Fire Chief Weaver be referred to the Budget and Administration Committee . Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE : Ambulance Service Alderman Slattery reported that the committee is working with municipalities involved, who do not have their own ambulance service , on a plan for service . The City has not made any provision for ambulance charges in the current budget . He said meetings have been established and the municipalities will continue to discuss the matter. Alderman Slattery will keep the Council informed of progress made . ENVIRONMENTAL COMMISSION : Capital Program for 1979- -Bikeways Alderman Holman called attention to a resolution in the agenda from the Commission regarding bikeways and a request for inclusion of $5 , 000 in the Capital Program to do the signage as a minimum for 1979. Discussion followed on the floor . Inspection of Parking Lot Screening Al T e rman Holman reported that the Commission has under discussion a recommendation that the possibility of inspecting parking lot screening as part of the housing inspection be investigated. This has been a matter of concern to the Environmental Commission and the request of a number of residents of the community . A member of the Commission has talked to the Building Commissioner about the possibility of tightening up on the inspection of parking areas as they relate to horsing . Cherry Street Indi.i�.t r i a l Park .alderman Holman referred to the letter read to the Council under COMMUNICATIONS regarding the Cherry Street Industrial Park develop - ment . BUDGET AND Af)�I I N I S I RAI ION COMM I TTFE : Presentat ion o-f the 19, 9 City of Ithaca Tentative Budget Alderman GutenberCer 1pre5�ented the 10- 9 Tentative Budget to the Council . fie reported that the Committee at this paint in time is recommending that the tax rate he raised from $9 to $ 10 per $1 , 000 . It is the regt)est that all depai tments be limited to 110 216 December b , 1978 more than a S% increase in their various budgets , with the excep - tion of the Police Department and the Safety Inspection and Zoning Budget . The budget recommends that if a Department of Personnel is established , a Personnel Administrator be hired . It was decided that any decisions on capital projects be deferred until the third Wednesday in .January. The committee did recommend that one pro- ject be included at this time ($26 , 000 for downpayment - peripheral streets) . The committee also decided that all revenue sharing requests be denied . alderman Gutenberger emphasized the point that the budget is tentative ; there are still monies that the Council may want to take a look at , as far as policy of continuing the various services , even though they are within the So guidelines . Resolution to Investigate the Possibility of Leasing the Green Street Parking Ramp By Amman Saccucci : Seconded by Alderman Boothroyd RESOLVED , That the suggestion of leasing of the Green Street Parking Ramp be referred to the Budget and Administration Committee for consideration. Carried Unanimously Alderman Dennis commented that before the Council passes the budget , he thinks they should look again at the federal revenue sharing requests . His request was supported by Alderman Meyer . Determination of Date for Public Hearing of the 1979 City of Ithaca Tentative Budget By Al erman Gutenberger : Seconded by Alderman Saccucci RESOLVED, That this Common Council authorizes and directs the City Clerk to advertise for a Public Hearing on the 1979 City of Ithaca Tentative Budget for Wednesday, December 20 , 1978 , at 7 : 30 p .m. in the Common Council Chambers . Carried Unanimously . Contract Documents for Deep Shaft Project By Alderman Gutenberger : Seconded by Alderman Saccucci RESOLVED , That this Common Council authorizes the Superintendent of Public Works to execute research and construction contracts ; and to execute , on behalf of the City, grant acceptance and other agreements with the Environmental Protection Agency, all in con- nection with the Deep Shaft project , within the guidelines established by this Common Council in its action authorizing the application for the project . Carried Unanimously Disposition of the former U . S. Navy Training Center By Alderman Gutenberger : Seconded by Alderman Bordoni WHEREAS , the Mayor suggested in his 1979 budget message that the former United States Navy Training Center be sold , and WHEREAS , the Budget and Administration Committee has discussed this matter and feels that further study is necessary; NOW, THEREFORE, BE IT RESOLVED , That the matter of disposition of the former United States Navy Training Center and the relocation of the Ithaca Youth Bureau Services be referred to the Planning and Development Committee and the City of Ithaca Youth Bureau for study and report . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Establishment of a Reserve Account for Unemployment Insurance Alderman Gutenberger removed--this item from the agenda , be handled at the meeting of December 20 , 1978 . -7 December December 6 , 1978 217 Freeze on 1978 Authorized Equipment_ Purchases By Al erman Gutenberger : Seconded y Alderman Boothroyd RESOLVED, That this Common Council hereby prohibits purchases of any equipment remaining from the "1978 Authorized Equipment Not Purchased as of 11/29/78" for the remainder of 1978 except as authorized by the Budget and Administration Committee . Carried Unanimously Freeze on HirinE By Al erman utenberger : Seconded by Alderman Bordoni RESOLVED , That this Common Council hereby prohibits the hiring of any new personnel for existing positions which are presently vacated for the remainder of 1978 . A vote on the resolution resulted as follows : Ayes (8) - Boothroyd , Bordoni , Dennis , Gutenberger , Holman, Boronkay Nay (1) - Meyer Absent (1) - Nichols Carried WN Designation of Property Manager By Alderman Gutenberger : Seconded by Alderman Saccucci Q WHEREAS, the New York State Department of Audit and Control has Q mandated that all municipalities go into Fixed Assets Accounting prior to January 1 , 1979 , and WHEREAS, it is necessary that all municipalities designate a Property Manager who will be responsible for said fixed assets ; NOW, THEREFORE, BE IT RESOLVED, That this Common Council does here- by designate the Assistant City Controller as the Property Manager for the City of Ithaca . Discussion followed on the floor . A vote on the resolution resulted as follows : Carried Unanimously Approval of Positions and Salaries for the Ithaca Housing Authority By Alderman Gutenberger : Seconded by Alderman Boothroyd WHEREAS, according to Section 3 , Article 32 (1) of the New York State Public Housing Law, it is necessary for the local legislative body to fix the compensation of personnel in the local Housing Author- ity, and WHEREAS, this Common Council has received a Resolution from the Ithaca Housing Authority establishing positions and comparability for its personnel roster , NOW, THEREFORE , BE IT RESOLVED, that this Common Council establishes the following positions , comparability and salary ranges : Executive Director Building Commissioner $15 ,350 - S21 , 848 (established 1968) Tenant Relations Planner III $10 , 323 - $15 , 279 Specialist Principal Acct . Cite of Ithaca C . S. F.A . $ 7 ,876 - $11 , 659 Clerk Stenographer CIty of Ithaca C . S. E.A . $ 6, 283 - $ 9 , 301 Outreach Worker }Tom ,}.ins County $ 71 , 003 - $ 8 ,056 C . S. F . A. 8 December 6, 1978 218 General Maintenance City of Ithaca $4 . 96 hr . - $7 . OS hr . Foreman C . S. F.A. Maintainer City of Ithaca $3 . 68 hr . - $ S . 4S hr . C. S. F.A. Maintenance Man City of Ithaca $3 . 42 hr . - $4 . 87 hr . C . S. E.A. Discussion followed on the floor . A vote on the resolution resulted as follows: Carried Unanimously Audit By Alderman Gutenberger : Seconded by Alderman Saccucci RESOLVED , That the bills audited and approved by the Budget and Administration Committee in the total amount of $ 20 ,848 . 81 , as listed on Abstract # 21 -1978 ., be approved for payment. Discussion followed on the floor . A vote on the resolution resulted as follows : Ayes (8) - Boothroyd , Bordoni, Dennis, Gutenberger , Boronkay, Meyer Nay (1 ) - E'olman Absent (1 ) - Nichols Carried NEW BUSINESS: Powers and Duties of Personnel Administrator By AIEerman Boothroyd : Seconded by Alderman Saccucc i RESOLVED, That the powers and duties of the position of Personnel Administrator , as they relate to the City Charter , be referred to the Charter and Ordinance Committee for discussion and report. Carried Unanimously Additional Revenues from City Properties By Ammerman _Boothroyd:— Secon e by Alderman Bordoni RESOLVED , That the Common Council refer to the Board of Public Works the matter of additional revenues on city-owned properties used by the public for their review and report . Discussion followed on the floor . A vote on the resolution resulted as follows: Carried Unanimously Annexation of Watershed By Alderman Boron ay: Seconded by Alderman Meyer RESOLVED, That the matter of annexation of property of watershed be referred to the Planning and Development Board and Charter and Ordinance Committee. Carried Unanimously Lights for Peripheral Streets City Engineer Cox reported that during the opening of the peri- pheral streets, he was promised delivery of the lights by the 16th of November, which has come and gone. New York State Electric & Gas then informed him they had heard from the supplier whoF' promised delivery by the 2nd of December , which has also come and gone. Mr . Cox said he received word that afternoon that the lights were shipped from Wisconsin last week, and he has now been told the lights will be up next week. : - 9 - December 6 , 1978 219 On- street Parkin_ Alderman Slattery reported that a resident in the northside of the city, in which there are a tremendous number of private homes being used as multiple family dwellings , had called his attention to the fact that instead of one car being parked in front of a home , there are 3 or 4 cars ; driveways are being blocked, people are doing garage work in the streets, and continually leaving their cars there, and more often than not, on alternate night parking they leave their cars on the side that doesn' t get ticketed. His driveway is being blocked . He proposed that the city establish a fee for parking on street through a sticker system . Resolution By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, That the matter of the possibility of establishing a fee for on- street parking be referred to the Charter and Ordinance Committee. A vote on the resolution resulted as follows : Ayes (8 ) - Bordoni, Boronkay, Dennis , Gutenberger, Holman, Meyer , Saccucci, Slattery W Nay (1) - Boothroyd Absent (1) Nichols Carried Q Transfer of Funds By Alderman Boothroyd : Seconded by Alderman Meyer RESOLVED, That $75. 36 be transferred to the Commons Advisory Account- -Fees for Professional Services . Carried Unanimously Parking Beneath Green Street Ramp Alderman Dennis asked what the problem would be of parking under- neath the Green Street parking ramp. Mayor Conley answered that the area is kept open for truckers to get in to unload their goods . Recommended Policy in Support of_Facilitating Use of Public Buildings and Places Mayor Conley read the following recommended resolution : "WHEREAS, the City of Ithaca owns various public buildings and places and operates and maintains such facilities with tax dollars ; and WHEREAS, it is important that such buildings and places be made available for maximum use and enjoyment by the public ; and WHEREAS, there are , from time to time requests for the use of such facilities for special public events produced by local organizations , groups or individuals ; and WHEREAS, IT IS ACKNOWLEDGED that maintenance and upkeep of such facilities are the responsibility of the Board and Department of Public Works, but it is also important that such concerns not place undue limitations and restrictions on the full use of such facili - ties for a variety of public events and purposes ; now, therefore BE IT RESOLVED, that it shall be the Policy of the Common Council of the City of Ithaca that �-arious public buildings and places , under the direct supervision and control of the City of Ithaca , such as StelAart Park, Cass Park , the Cass Park ice rink and swimming pool , Six Mile Creek gorge and others that may be added , be made available for maximum public use and enjoyment and that such public use be supported and encouraged ; and 220 - 1 i) - December 6 , 1978 BE IT FURTHER RESOLVED that the various operating departments of the City of Ithaca , as appropriate , be and hereby are directed to facilitate the full use of such public buildings and places and , in implementing this policy, to work with such organizations , groups or individuals wishing to use such facilities for public events , as may be approved by Common Council , and to cooperate on finding reasonable solutions to problems which may be associated with such use . 30 November, 1978" Resolution By Al erman Meyer : Seconded by Alderman Holman RESOLVED, That the request for a policy in support of facilitating use of Public Buildings and Places be referred to the Charter and Ordinance and Planning and Development Committees . Carried Unanimously Expression of Appreciation Alterman Saccucci reported that the residents of Nate' s Floral Estates New Mobile Home Park & Sales asked him to express , on their behalf , appreciation to the city officials , especially Mayor Conley and City Engineer Cox , for having repaired the bridge near their park on West Clinton Street . ADJOURNMENT : On a motion the meeting adjourned at 9 : 12 p .m. EXECUTIVE SESSION Council reconvened into Executive Session at 9 : 17 p.m. and adjourned from Executive Session at 10 : 12 p.m. Jos p A. Rundle , City Clerk Edward J . fConley, M or ?1i4 221 COMMON COUNCIL PROCEEDINGS CITY OF ITH.ACA , NEW YORK Special ?Meeting 5 : 00 P.M. December 11 , 1978 PRESENT : ?;ayor Conley Aldermen (7) - Bordoni , Boronkay , Dennis , Holman , Meyer , Saccucci , Slattery ABSENT : Aldermen (3) - Boothroyd, Nichols , Gutenberger OTHERS PRESENT : City Controller - Daley City Attorney - Shapiro Building Commissioner - Hoard City Engineer - Cox Chief of Police - Herson City Clerk - Rundle Pres . , Elmira-Watkins Glen Transit Corp . A Crispell Charter Service , Inc . - Thomas York District Supervisor , Greyhound Lines , Inc. - Julis Balinfy Lansing Businessmen ' s Assoc. representative - Atty. Norman Freeman W SPECIAL ORDER OF BUSINESS : Q Ordinance 78- 18- -An ordinance amending—Chapter 60 Entitled "Traffic-and Q Vehicles" of the City of It_h_aca Municipal Code Mayor Conley addressed the Council , explaining that he was absent from the City the preceding Friday , December 8 , 1978 , and in his absence Acting Mayor Gutenberger issued the following letter: "Hon. James Herson Chief of Police Hall of Justice- -Clinton Street Ithaca, New York 14850 Dear Chief Herson : Due to confusion arising on the ordinance passed by the Common Council on Wednesday , December 6 , 1978 , (Ordinance 78- 18 , copy attached) concerning bus- common carrier use of city streets , I am hereby issuing an order that enforcement of this ordinance be postponed until such time as the Common Council gives further direction. The Common Council will be meeting at S : 00 P.M. on Monday , December 11 , 1978 . Sincerely , John Gutenberger Acting Mayor City of Ithaca JG : rb Encl . 1 cc : Dep . Police Chief Pagliaro Mayor Conley City Attorney Shapiro City Clerk Rundle All Aldermen Supt . of Public Works'' Mayor Conley informed the Council that , upon hearing of the confusion concerning the ordinance , he had the opportunity to meet with the New York State Department of Transportation Fnforcwment Officer and his attorney on Friday , as well as having discussions with the New York State Conference of 'Mayors regarding prerogatives , home rule , etc . , and he returned to Ithaca with many recommendations . He said he feels there are things which can be done to amend the ordinance and make it vor! �4 e . 1�o1, ever , upon the advlcc of City Attorney "lipiro that this 011 * ate .` ome t i one , he decided to try to deal pith the cui , ent ordinance . A f t � r the first of the year , when there is an opportunity , perhaps the ordinance will be rescinded and rewritten . 222 He said the City has had three requests for permits thus far . He asked City Attorney Shapiro for comment . city Attorney Shapiro apolog i °e(< for "ordinance ,rya which pas led�brc the�Courncil , because of the ordinance . He sand t does not apply to common carrie�sintiublic ordinances�ilt,Helsaidbhisufeeling these. are provided for elsewhere P aivern some things which is that rather than try to redraft the ordinance , e develoied and which he was not a:�are of , it migtt be better to handle have and work on the ordina,Ic- as the year progresses . the matter by permit now , the City Attorney Shapiro said he believes tbusCtrafficlthroughout the ecity . right to regulate , in certain respect permits for certain Under �tu : � ipa1 Home Rule the city can regulate it by p etc . taking into con� ideratinn traffic congestion , safety routes , stops , etc . of inhabitants , safety of bus riders , Inc . which He said the city has received a request dy from Greyhound knows . What Lheewas unaware of does run buses into the city , as everybody assengers was that they also make certain stops at city bus stops to drop p areement with our people in the Depart- off . They claim they have a verbal a� (State and ment of Public Works to make those stops Mitchell Streets and Annabel Taylor Hall) . Re uests have also been received frhmTom1YYork lishpresident and was present Charter Service and Elmira- Requests Watkins Glen Transit Corp - , of which commented that Gadabout also at the meeting that evening . should have a permit . he following letter from Greyhound Lines , Inc . : City _attorney Shapiro read t "December 8 , 1978 Mayor Edward Conley N Y and Common Council , City of Ithaca , Ithaca, Ne,� York 14850 Application Special Operating, - City of Ithaca , N .Y. ` ' SUBJECT : APP in for S l 0 g P p A by a telephone conversation on this As instructed by Mr . Martin Shapiro 1978 Greyhound Lines , Inc. , is hereby filing for a date , December 8 , stop or stand on city for Greyhound buses to operate , P special permit , city bus stop as specified in the Common streets or within 200 feet of any 1978 Council ordinance effective on December 10 , Sincerely Julis Balinfy District Supervisor GREYHOUND LINES , INC . 850 Erie Boulevard East Syracuse , N .Y. 13210 cc : A. L. McLaughlin" Discussion followed on the floor . Attorney Norman Freeman , representing the Lansing Bsoinerslinntouchswithtn commene for several days , g commented that he had oa�oekfout , something . Mayor Conley to try Thonas A. York , President of Crispell Charter Serviseowner`andaPrebidenc- , of Elmira-Watkins Glen Transit Corp. , of addressed the Council , explaining his service . He answered questions oz the Council concerning his operation . District Supervisor , Greyhound Lines , Inc . , addressed 1r . Julis Balinfy , application for permit to the Council , requesting tInameandGSubs�dnarie include Greyhound Lines , 3- December 11 , I M 3 City Attorney Shapiro asked if the application covered the operation as it now exists , which the Council would be inclined to °rant , or if Greyhound is planning something unknown to Council that they would wish to discuss . Mr . Balinfy answered that the application for a permit was to cover services as presently furnished. Resolution B} alderman Slattery: Seconded by Alderman Bordoni RESOLVED , That the City of Ithaca grant Greyhound Lines , Inc. and sub- sidiaries a permit for the services they are now performing. Discussion followed on the floor. Tabling Motion By Alderman Holman : Seconded by Alderman Dennis RESOLVED , That the resolution on the floor to grant a permit to Greyhound Lines , Inc. and subsidiaries be tabled. A vote on the tabling motion resulted as follows : Ayes (4) - ?Meyer , Dennis , Holman , Boronkay W Nay (3) - Bordoni , Slattery, Saccucci Absent (y - Boothroyd, Gutenberger , Nichols Q Carried Further discussion followed. Alderman Holman commented that she would like to see the ordinance rescinded. City .Attorney Shapiro explained that the ordinance could be retained ; however , enforcement of it could be stayed while the Council continue working on it , and while the city continues to discuss with N1r. York his route and the city's concerns . Mr. York suggested placing in force a regulation specifically identifying the type of problem the City of Ithaca is confronted with, that the city has jurisdiction over , and making that problem subject to the regulations . Resolution By alderman Holman : Seconded by Alderman Boronkay RESOLVED, the resolution granting a permit to Greyhound Lines , Inc . , be lifted from the table . Carried Unanimously Resolution By .Alderman Slattery : Seconded by Alderman Holman RESOLVED, That a permit be granted to Greyhound Lines , Inc . and sub- sidiaries., for both regular and incidental services. Carried Unanimously The following request was received from Elmira-Watkins Glen Transit Corp . , ?Montour Falls , New fork 14863 : "December 8 , 1478 Common Council City of Ithaca Ithaca, New York 14850 Re : Permit for operation as Common Carrier within Corporate limits of Ithaca , New York In accordance with provisinns of City of Ithaca Ordinance Number 78 - 18 , this ('orr�oration reque-sts i_��u:inre of any and all necessary permits so as to allow compliance with Ordin;ince Nulnher 78- 18 to be effective upon the effectiti,e date of the referenced ordinance . This Corporation is a certificated Interstate (-;,: .;non, C:irrier and is also a certificated Intrastate Coj`l7'tIn (�;trrir�r , i ;l;.z�-;r,u� h ,s this t',iili ( r ?-aids operat ing authoritN• from both I ht, rk ne l.:irl1nont of :'r rt at i on and the Intei-state Coliiillerce I'.iloI -: tilUn ("op] es of this ( orpoi-:iI ion ' s Certificates i,ere filed with tlle• CitN' of lth;ica in 1941 . 224 - 4 - Decembel 11 , 1978 This Corporation conducts daily departures and arrivals within the City of Ithaca in the course of its normal business activity , nec�-� gsitatirl" immediate Issuance of subiect permit (s ) , so as to preclude thn po ,sibllity of cessation of operations for any period of time . Under provision of this ordinance it is feasible that , without immediate issuance of compliance permits , this Corporation will immediately have to cease all charter travel of inter- and intrastate nature and groups such as the various athletic teariq at Cornell Un i ve rs i ty wi l l have no bus service available for their interscholastic events . Respectfully submitted , Thomas A. York President Hand delivered to City Clerk - 12/8/ 78" Resolution By Alderman Slattery : Seconded by Alderman Boronkay RF.SOVVhD , That a permit be granted to Elmira-Watkins Glen Transit Corp . per their application for both regular and incidental services , as now furnished. Carried Unanimously Alderman Boronkay left the meeting at V SS p .m.. Lansing Merchants Bus Route Mr. Thomas A. York outlined the route , as it previously existed as follows : Start at Woolworth' s Up Green Street to State Street Up State Street , turn left on Mitchell Street Turn left on College Avenue Went on Cornell Campus thru Collegetown Stopped at Bookstore oa Cornell University AVOW Followed around Central Avenue to University Avenue Over the Bridge to Wait Avenue Turned right on Wait Avenue by Balch Hall Went up and joined in with Triphammer Road Into Community Corners Up North Triphammer Road to Jamesway On Uptown Road to intersection with Warren Road Turned left on Warren Road Down Rt . 13 into Cayuga Mall , back over to Pyramid Mall Down Rt 13 to Dey Street Exit Dey Street to Hancock Street , onto Cayuga Street South on Cayuga Street , turn left on Green Street , to Woolworth' s and then presented the changes in the routing , as it now exists , as follows ; Down Rt . 13 to Meadow Street Left on Meadow Street at Green and up Green Street Turn left at Albany Street Proceed to Court Street , University Avenue , Triphammer Road , etc . Deleting service at Woolworth' s and the Bookstore on Cornell Campus, He said the problem with the new routing is that it does not allow for a place for the bus to stop , and suggested Albany and Green Streets . Mayor Conley suggested the corner at the Health Facility (State and Albany StrF s) and Court Street by the public library , in addition to Balch Hall (Wait Avenue and Thurston Avenue) . Mayor Conley asked Mr . York if he could furnish origin and destination information to help the city develop a moz'z permanent routing for the future . Mr . York said this would be done . He said he also has records of when people get on and off the bus which he would make available . Mayor Conley requested that temporary signage be used to inform persons of the service . He also suggested advertising by flyer so patrons would know the hours of service , especially the final run returning to Ithaca at night . In addition , Mayor Conley asked that a "hold harmies ," agree n_nt be entered into with the City . He then eApressed the desire than a permit be worked out that would exclude the service between 3 : 3 ! apd 5 : 30 p . m. on Court Street due to traffic congestion . (The 4 : 00 and 5 : 00 p . m . runs would travel up Green Street to Albany Street , over Albany Str"wt (stop at Health Faci 1 i *v) to Seneca Street , lown Seneca Street to K . 13 , and TG ' irh nt . 13 tc Pvr_iTi _i . ) - 5 December 11 J It was agreed that there would be three bus stops in the City that will be well marked by signs- - one stop at State and Albany Streets , southeast corner next to the Family Medical Center; the parking meter will be covered by the City. There will be a stop on the southwest corner of the intersection of Cayuga and Court Streets by the Tompkins County Public Library ; the third stop at Balch Hall , corner of Wait and Thurston Avenues , Flyers are to be made available to the public to indicate the schedule of the bus runs . Bus stops will not exceed five minutes where reasonable . Buses will avoid the in- city portion of the run between 3 : 30 and 5 : 30 p . m. Three sides of the buses should be marked Lansing Merchants Bus . Resolution By Alderman Slattery: Seconded by Alderman Bordoni RESOLVED, That a permit be granted to Crispell Charter Service , Inc . for both regular and incidental services , as now furnished; and a 30-day permit be granted to Crispell Charter Service , Inc. covering routes as outlined with conditions stipulated. Carried Unanimously The following request was received from Crispell Charter Service , Inc. �. 'Montour Falls , New York 14865 (_subsidiary of Elmira-Watkins Glen Transit Corp . ) . LLI "December 8 , 1978 Q Q Common Council City of Ithaca Ithaca, New York 14850 Re : Permit for operations as Common Carrier within Corporate limits of Ithaca, New York In accordance with provisions of City of Ithaca Ordinance Number 78- 18 , this Corporation requests issuance of any and all necessary permits so as to allow compliance with Ordinance Number 78- 18 to be effective upon the effective date of referenced ordinance . This Corporation is a certificated Interstate Common Carrier and is also a certificated Intrastate Common Carrier , inasmuch as this Carrier holds operating authority from both the New York Department of Transportation and the Interstate Commerce Commission. Copies of this Corporation ' s Certificates were filed with the City of Ithaca in 1955 , This Corporation conducts daily departures and arrivals within the City of Ithaca in the course of its normal business activity , necessitating immediate issuance of subject permit (s) , so as to preclude the possibility of cessation of operations for any period of time , Under the provisions of this ordinance it is feasible that , without immediate issuance of compliance permits , this Corporation will immediately have to cease all charter travel of inter- and intrastate nature and groups such as the various athletic teams at Cornell University will have no bus service available for their interscholastic events . Respectfully submitted , Thomas A . York President Hand delivered to City Clerk - 12/8/ 78" Resolution By Alderman Slattery : Scum' d by Alderman Saccucci :ES(nL\`FD , That a peimit he i : nted to Fimira-Watkins Glen Transit Suivice , Inc . per their application for both regular and incidental services , as now furnished. Carried Unanimously Mr . York requested to go _�w wcord As Icq ocst inn the Cc _ on Council to Pass a resolution that Mr . `anal lhuut of 4" artheut y Fci ris Bus Service not be jeopardized f or opu r it ion be t hcun now and the re yt poet i ng of the Council because of his not being prc ent at this -i'c'tIng , MA3or (dilll "y agreed that he could K - we an e \ecui i ve order � t AN ing , n fo rccment of i 4k, ordinance until Other . . 1 ierq < P"Id obtain A, 1 r , , n,. 226 - 6 - Deceid)ci- 11 , 1978 ADJO IIRN�1F.NT On a motion , the meeting adjonrne.? at 8 : 00 p . m. s���� Jos ph A. Rundle , City Clerk ward J. onley , Ma/Vr %G7 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 7 :30 p.m. December 20, 1978 PRESENT: Mayor - Conley Aldermen ( 10) - Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer, Nichols, Saccucci, Slattery OTHERS PRESENT: City Controller - Daley City Attorney - Shapiro Fire Chief - Weaver Director, Planning and Development - Van Cort Building Commissioner - Hoard Youth Bureau Director - Cutia Police Chief - Herson City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayor Conley led all present in the Pledge of Allegiance to the American flag. MINUTES• By Alderman Gutenberger: Seconded by Alderman Dennis RESOLVED, That the Minutes of the December 6, 1978 meeting be approved as recorded by the City Clerk. SPECIAL ORDER OF BUSINESS: Carried Unanimously Public Hearing - 1979 City of I"-haca Tentative Budget Resolution to Open Public Hearing By Alderman Boronkay: Seconded by Alderman Saccucci RESOLVED, That the Public Hearing for the 1979 City of Ithaca Tentative Budget be opened. Carried Unanimously Tompkins County Area Development Corp. R. David Cutting, Pres . , T. C. Area Development Corp. , appeared before the Council and presented an update on the Ithaca Gun Company situation. The Company is not going to leave Ithaca--the plant, labor force and equipment are here, and Mr. Cutting said the Area Development Corp. will, in the next few months, help find a buyer for the Company. Mr. Cutting reviewed briefly the history of the Tompkins County Area Development Corp. and presented a request to the Council for help in funding a half-time position for an employee for the Tompkins County Area Development Corporation. The person he is recommending is employed at Cornell Research Foundation and will require a half-time salary of $15, 000 per year, of which the City is requested to provide $5, 000 and Tompkins County $10, 000 . The Area Development Corp. will handle expenses in the field. Mr. Cutting commented that he felt the Cherry Street development is needed. Discussion followed on the floor. A vote on the resolution resulted as follows : Resolution By Alderman Dennis : Seconded by Alderman Bordoni RESOLVED, That the request from Mr. R. Davis Cutting for help from the City to fund a half-time position in the Tompkins County Area Development Corp. be referred to the Budget and Administration Committee. Carried Unanimously 228 December 20, 1978 Environmental Commission Patricia Carlson, Chair of the City ' s Environmental Commission, appeared before the Council and informed them that the Commission had met the previous evening and passed a resolution to request the financial support of the Bikeways project, and to support the Cherry Street Industrial Park. Alderman Boronkay arrived at 8 : 00 p.m. Tompkins County Chamber of Commerce Mr. Neil Wallace addressed the Council on behalf of the Tompkins County Chamber of Commerce in strong support of the Cherry Street Industrial development site for reasons which justify their primary concern--the economic health of the community. He urged the Council to include the Cherry Street Industrial Site in the budget. Discussion followed on the floor. Ithaco, Inc. Mr. Mort Prince, Administration Manager of Ithaco, Inc. addressed the Council, describing the growth of Ithaco over the past ten years and expressing support of the Cherry Street Industrial Site. Mayor Conley requested the Council to include the Cherry Street Industrial Site in the budget because the application must include community commitment. He asked Director of Planning & Development Van Cort to comment. Mr. Van Cort reported that the Farmers ' Home Administration had reviewed the pre-application and notified Mayor Conley' s Office that the City may proceed to submit the application for federal funds . Submission of the application cannot be done without the approval and inclusion of the project in the capital projects by the Common Council . The Community Development Agency has agreed to provide the down payment for the project if it is included in the capital projects so the City will not be obligated for funds in 1979 . Mr. Van Cort said that the total project cost is estimated at under $800, 000--$240, 000 local share, $60, 000-$80, 000 of which will be recouped from new industries; $45, 000 from Community Development; and $500, 000 from the federal government (Farmers ' Home Administration and Appalachian Regional Commission) . Discussion followed on the floor. Resolution to Close Public Hearing By Alderman Saccucci: Seconded by Alderman Boothroyd RESOLVED, That the Public Hearing for the 1979 City of Ithaca Tentative Budget be closed. Carried Unanimously ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderman Gutenberger requested the addition of two items to the agenda; a request for equipment from GIAC, and authorization to close out the Junior Olympics capital account. No Council member objected. Alderman Gutenberger further requested the deletion of two items from the agenda: approval of Labor Agreement - CSEA DPW Unit, and establishment of a Reserve Account for Unemployment Insurance. No Council member objected. BUDGET AND ADMINISTRATION COMMITTEE: Adoption of 1979 City of Ithaca Tentative Budget By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the City of Ithaca Tentative Budget for 1979 in the total amount of $12 , 037, 951 be approved, and ZZ9 December 20, 1978 BE IT FURTHER RESOLVED, That the following sections of the 1979 Tentative Budget be approved: (a) General Fund Appropriations (b) Revenue Sharing Fund Appropriations (c) Water Fund Appropriations (d) Sewer Fund Appropriations (e) Debt Retirement Schedule (f) Capital Budget (g) Schedule of Salaries and Positions - General Fund (h) Schedule of Salaries and Positions - Water & Sewer Fund (i) Authorized Equipment Purchases - General Fund (j ) Authorized Equipment Purchases - Water Fund (k) Authorized Equipment Purchases - Sewer Fund Discussion followed on the floor. Resolution By Alderman Dennis : Seconded by Alderman Nichols Cq RESOLVED, That the following 1979 Federal Revenue Sharing Requests be referred to the Budget and Administration Committee for recon- sideration: �-+ Retired Senior Volunteer Program $2, 000 Southside Community Educational & Recreational programs 3, 215 Tompkins County Red Cross Information & Referral for Visually Handicapped 3, 406 Discussion followed on the floor. Amending Resolution By Alderman Boothroyd: Seconded by Alderman Dennis RESOLVED, That all the 1979 Federal Revenue Sharing Requests be referred to the Budget and Administration Committee for reconsideration. Carried Unanimously A vote on the original resolution--approval of the Tentative Budget for 1979--resulted as follows : Carried Unanimously Approval of Labor Agreement - Police Benevolent Association By Alderman Gutenberger: Seconded by Alderperson Nichols RESOLVED, That the agreement between the City of Ithaca and the Police Benevolent Association of the Ithaca Police Department effective January 1, 1979, be approved as recommended by the City ' s negotiator, and the Mayor and City Clerk be authorized and directed to sign and execute the contract on behalf of the City under its corporate seal . Carried Unanimously Final Audit and Budget Appropriation Transfers for 1978 By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the Budget and Administration Committee and City Controller be empowered to approve and audit for payment any final bills or 1978 as may require such action, and BE IT FURTHER RESOLVED, That the City Controller be empowered to make transfers within the 1978 budget appropriations as may be needed due to unforeseen circumstances at this time. Carried Unanimously Request for Equipment for GIAC By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That this Common Council authorizes GIAC to purchase a phonograph with two speakers from Account A7310A-250 for a sum not to exceed $260 . 00 . Carried Unanimously December 20, 1978 Authorization to Close Out Junior Olympics Capital Account By Alderman Gutenberger: Seconded by Alderman Saccucci RESOLVED, That the City Controller is hereby authorized to closeout the following Capital Account: Junior Olympics $3, 399 . 30 Carried Unanimously `°' ADJOURNMENT: On a motion the meeting adjourned at 9 : 07 p.m. EXECUTIVE SESSION: Council reconvened into Executive Session at 9 : 15 p.m. and adjourned from Executive Session at 11 : 00 p.m. �; Joseph A. Rundle, City C lein r ,ward J. onley, Mayor