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HomeMy WebLinkAboutMN-CC-1980-02-06 4 - f COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7 : 30 P.M. February 6 , 1980 PRESENT : Mayor - Bordoni Aldermen (10) - Banfield, Boothroyd, Boronkay, Dennis , Gutenberger, Holman, Nichols , Saccucci , Schuler, Slattery OTHERS PRESENT: Asst. Controller - Spano Personnel Administrator - Collins Director, Youth Bureau - Cutia Building Commissioner - Hoard Director, Planning & Development - Van Cort Supt: . of Public Works - Dingman Asst. Chief, Fire Dept . - Sanford City Clerk - Rundle PLEDGE OF ALLEGIANCE : -� Mayor Bordoni led all present in the Pledge of Allegiance to the American flag. MOMENT OF SILENCE IN MEMORY OF CONTROLLER RICHARD M. DALEY: Mayor Bordoni requested all present to remain standing for a moment of ° silence in memory of Controller Richard M. Daley, and the following resolution was presented by Alderman Holman, Seconded by Alderman Boronkay: WHEREAS, the death of Richard M. Daley, on January 30 , 1980 , has brought a sense of loss to those who have been associated with him, removing from their midst a dedicated public servant who served in a professional capacity as Administrator of the Ithaca Urban Renewal Agency, as Administrative Consultant to the Mayor, and most recently, as City Controller, and WHEREAS, records testify that , in addition , he also performed numerous other civic duties , including service on the Ithaca Housing Authority Board, the City Negotiating Committee , and as Police Commissioner, and WHEREAS, Dick' s devotion to civic and municipal duties , and to members of this Common Council and the community has been deeply appreciated and will be sorely missed; NOW, THEREFORE, BE IT RESOLVED, That this council wishes to express its deep sorrow at his passing and extend to Mrs . Daley and to members of his family an expression of sincere sympathy and heartfelt condolence ; BE IT FURTHER RESOLVED, That as a final tribute to his memory, this resolution be spread upon the Official Minutes of the Common Council , and a copy be transmitted to his family. Carried Unanimously MINUTES: By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the Minutes of the January 1 , January 2 , and January 4 , 1930 meetings be approved as recorded by the City Clerk. Carried Unanimously SPECIAL ORDER OF BUSINESS : Ithaca Neighborhood Housing Services Ms . Susan Cummings , President of Ithaca Neighborhood Housing Services , introduced Mr. Arthur Pierce , former Executive Director, and Elizabeth Prentiss , Executive Director of INNS. Ms . Cummings presented slides showing the work the INHS has done in Ithaca during the past four years . She invited the Council to come to the INIIS offices at 520 IV. Green Street to discuss the project further. The following persons addressed the Council , testifying to the effective- ness of the program in Ithaca : Shirley Cooper, 532 W. Green Street , Richard Williams ) 103 Second Street and the Rev. Afi B. Binta-Lloyd, 201 Cleveland Avenue. 460 - 2- February 6 , 1980 Mayor Bordoni spoke briefly, expressing appreciation to Arthur Pierce and Susan Cummings , and wished Elizabeth Prentiss success . ADDITIONS TO THE AGENDA: Budget and Administration Committee Alderman Gutenberger requested the addition of one item to the agenda: GIAC 1980 Personnel Roster. No Council member objected. COMMUNICATIONS : Mayor Bordoni requested that , for the record, a petition received by him and all council members dealing with the Senior Citizens Housing be entered. "Dear Hon. Mayor Bordoni : Enclosed please find a copy of petition duly executed by 165 concerned citizens of Ithaca urging you to give most serious consideration , thought, and much soul-searching before you rush pell melt into accepting the proposed housing project recently made public .by Fisher-Schecter Development Corporation and Related Housing Companies , a New York based partnership. After a thorough perusal of the important points raised in said petition, you will find that the petitioners are not ignoring the possible future needs of elderly housing in Ithaca, but rather that we seriously question the advisability of accepting said proposal to meet said needs . Basically, our concerns can be summarized as follows : 1. When the City of Ithaca set up Titus Towers , it chose then to go the route of public as opposed to private housing for the elderly. We see no signs of the City having regretted this choice. Why elimina something which has proved to be successful? 2. The land in question is already publicly owned, and plans for future expansion by the Ithaca Housing Authority on said site are already set to meet the future needs of elderly housing, and, we might add, the plans are in keeping with existing structure and operation. The addition planned will not be environmentally offensive as the pro- posed project is . 3. If you had the opportunity to view the presentation made by the developers , you would have noticed the two-bedroom apartment plan as well as the plan for playground for children. This alone should be sufficient to raise questions in your mind that the developers are looking down the road when with the loss of governmental rental subsidies , this project will be set for private rentals . What a profitable venture this will be . They will have constructed same on prime government lands , provided by tax free bonds , making the construction costs extremely favorable and the ultimate private rental extremely profitable. In the meantime, the I .H.A. will have given up its prime land and if it is then called upon to pick up the slack in elderly housing, it will have to pay a premium for land and because of being already gil, away what it already owned - for a private , profitable venture ! 4. Keep in mind that the developers and/or others closely associated with them proposed a project for the "hole" on the Commons and then withdrew same because the City of Ithaca could not agree (and rightly so , legally and morally) to subsidize them by paying rent to the developers for stores which they would be unable to rent after the construction of same . Surely, that should tell you much about the proposed housing project. S . In summation, whether it sounds wonderful to say that we will provide housing for the elderly with private money, we will meet the elderly - 3- February 6 , 1980 housing needs without private money, and we are not opposed to that . We must take a long, hard look to make certain that any private money is not being proposed primarily to meet a public need, but rather to be a vehicle for a "Get rich quick" scheme. If you wish to investigate this assertion , we have no doubt but that you will be able to find it not too difficult to document. We are confident .that if you sincerely investigate each and every point raised in the attached petition, ' your decision would be a rejection of this proposed project. By so doing, you would be performing a very great service to this , our community. Respectfully submitted, Concerned Citizens of Ithaca" y , "We , the undersigned concerned citizens of Ithaca, urge the Ithaca Housing Authority NOT to hurriedly accept in principle , or otherwise , the `9 proposed housing project recently made public by Fisher-Schecter Development Company, and realted housing companies , a New York City based partnership , A. without first giving serious consideration and much thought to the following 1. To those of us who live in the area, said plan would require the construction of a street in our back yards , which we already have the street to Titus Towers in our front yards . To this addition, we object. Are you ready to pay us for the decrease in the value of our properties if this occurs? Do you have the money to purchase our properties outright? Is this property what you want? 2 . To those of us to whom Titus Towers is our home , the proposed plan ' would take away our recreation area - for picnics and shuffle board and the like , to say nothing of how the plan adversely affects the environment at the site by the removal of beautiful trees and, consequently, the beautiful birds nestling therein. The plan also constructs building too close to the existing Titus Towers thereby robbing Titus Towers of its beautiful natural setting by converting it into a concrete jungle. 3. To those of us who pay the taxes , you owe yourselves and us the duty to look into Ithaca Housing Authority' s own plans for expansion in the future , which plans have been carefully thought out , and which will add to rather than detract from the Titus Towers environment. As soon as federal funds become available , this plan will become a reality. 4. If, on the other hand, you accept the proposed project , when said federal funds become available , you will have already given away this precious land and your plans will have to be dumped because of no land at that time . You will have to pay through the nose - and with our money! S . The proposed plan calls for Federal Rent Subsidies - and should these terminate for such private housing projects (and this IS a definite possibility) the proposed project will become strictly a private project open to any and all who can afford it - and you will have used up valuable housing project land which you already own - and for a specific purpose - elderly housing, a truly public project . 6 . We urge and demand that you give serious and thorough study to the above items before you decide to jump in with both feet in this proposed project which appears to be a private "Get Rich Quick" scheme of a non- Ithaca based organization. " MAYOR' S APPOINTMENTS : Planning an Development Board Mayor Bordoni requested the approval of the Council for the appointment 462 -4- February 6 , 1980 of Frank Moore , 116 Dearborn Place , as Chairman of the Planning and Development Board for a one-year term to expire December 31 , 1980 , to - replace 'Stuart Stein, who has resigned from the Board. Resolution By Al erman Nichols : Seconded by Alderman Saccucci RESOLVED, the Council approves the appointment of Frank Moore , 116 Dearborn Place , as Chairman of the Planning and Development Board for a one-year term to replace Stuart Stein, who has resigned from the Board. Carried Unanimously Mayor Bordoni requested the approval of the Council for the appointment of Ian Stewart, 419 E. Buffalo Street, to the Board for a two-year term to expire December 31 , 1981 to fill the unexpired term of Frank Moore . Resolution By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, the Council approves the appointment of Ian Stewart , 419 E. Buffalo Street, to the Planning and Development Board for a two- year term to expire December 31 , 1981 to fill the unexpired term of Frank Moore. Carried Unanimously Board of Appeals on Building Code Mayor Bor oni requested Council approval of the appointment of David Taube, 106 E. Court Street , architect , to the Board of Appeals on Building Code for a three-year term to expire December 31 , 1982 . Resolution By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, the Council approves the appointment of David Taube , 106 E. Court Street , to the Board of Appeals on Building Code . Carried Unanimously Youth Bureau Advisory Board Mayor Bordoni. requested Council approval of the appointment of the following persons to the Youth Bureau Advisory Board for three-year terms to expire December 31 , 1982 : Bette Morgan Burke , Box 208 , Ithaca, N.Y. Isadore Yavits , 115 Giles Street , Ithaca, N.Y. Eddie B. Smith, Jr. , 216 S. Plain Street , Ithaca, N.Y. Haralyn Kuckes , 508 N. Aurora Street , Ithaca, New York Resolution By Alderman Dennis : Seconded by Alderman Schuler RESOLVED, the Council approves the appointment of Bette Morgan Burke, Isadore Yavits , Eddie B. Smith , Jr. and Haralyn Kuckes to the Youth Bureau Advisory Board for three-year terms to expire December 31 , 1982. Carried Unanimously The appointees to the Youth Bureau Advisory Board took the oath of office and were sworn in by the City Clerk. Ithaca Landmarks Preservation Commission Mayor Bor oni requested Council approval of the appointment of Mrs . Rosemary Centini , R.D. 1 , Newfield, N.Y. to the Ithaca Landmarks Preservation Commission for a three-year term to . expire December 31 , 1982 . Resolution By Al ed rman Slattery: Seconded by Alderman Saccucci RESOLVED, the Council approves the appointment of Mrs . Rosemary Centini , R.D. 1 , Newfield, N.Y, to the Ithaca Landmarks Preservation Commission for a three-year term to expire December 31 , 1982 . Carried Unanimously ♦i -S- February 6 , 1980 Composition of Commons Advisory Board By Alderman Nichols : Seconded by Alderman Boothroyd BE IT ENACTED by the Common Council , That the Commons Advisory Board shall consist of eleven (11) voting members composed of representatives from the following groups : 1 member of the Common Council 1 Commissioner of Public Works 1 member of the Area Beautification Council 4 persons representing the various interests in the Tax Benefit District 4 members-at-large drawn from outside the Tax Benefit District. Board members will be appointed by the Mayor with Common Council approval for staggered two-year terms . The Board will also include as ex officio members the Superintendent of Public Works , Director of Planning and Development , the Commons Administrator, the Building Commissioner and a representative of the Ithaca Landmarks Preservation Commission. 4 Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously L Commons Advisory Board Mayor Bordoni requested approval for the reappointment of Richard Goldman, 433 Bostwick Road, to the Commons Advisory Board for a two-year term to expire December 31 , 1981 . Resolution By Alderman Slattery: Seconded by Alderman Nichols RESOLVED, the Council approves the reappointment of Richard Goldman, 433 Bostwick Road, to the Commons Advisory Board for a two-year term to expire December 31 , 1981 . Carried Unanimously Mayor Bordoni requested approval for the appointment of Laurent Bessou, 1148 Danby Road, to the Commons Advisory Board for a two-year term to expire December 31 , 1981 . Resolution By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, the Council approves the appointment of Laurent Bessou, 1148 Danby Road, to the Commons Advisory Board for a two-year term to expire December 31 , 1981 . Carried Unanimously Mayor Bordoni requested approval for the reappointment of Peggy Underwood (Mrs . V. S. Underwood) , 312 Cayuga Heights Road, to the Commons Advisory Board for a two-year term to expire December 31 , 1981 . Resolution By Alderman Holman: Seconded by Alderman Dennis RESOLVED, the Council approves the reappointment of Mrs . V. S. Underwood, 312 Cayuga Heights Road, to the Commons Advisory Board for a two-year term to expire December 31 , 1981 . Carried Unanimously CITY CLERK' S REPORT: Desi nation o Polling Locations for 1980 By Al erman Boothroyd: Secon eU—by Alderman Gutenberger RESOLVED, That the following be and are hereby designated as polling places in each election district in the City of Ithaca, New- York, at which registration of voters , elections and primaries shall be held during the year 1980 , pending approval from the various organizations : 464 -6- February 6 , 1980 FIRST WARD 1st District Chestnut Street West Hill School 2nd District 800 S. Plain Street Titus. Flats Housing 3rd District 626 W. State Street #6 Fire Station 4th District 300 W. Court Street G. I .A.C. Building SECOND WARD 1st District 300 W. Court Street G. I .A.C. Building 2nd District 300 S. Geneva Street St. John' s School 3rd District 520 Hudson Street South Hill School THIRD WARD 1st District 309 College Avenue #9 Fire Station 2nd District Cornell Street Belle Sherman Annex 3rd District Cornell Street Belle Sherman Annex FOURTH WARD 1st District 402 N. Aurora Street St. Paul ' s Methodist Church 2nd District Aurora & Buffalo Streets First Unitarian Church 3rd District 309 College Avenue #9 Fire Station FIFTH WARD 1st District 1012 N. Tioga Street # 7 Fire Station 2nd District Cor. King & Aurora Sts . Fall Creek School 3rd District 309 Highland Road First Congregational Church Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: Amendment of Authorized Equipment List--Youth Program By Alderman Gutenberger: Seconded y Alderman Saccucci ' RESOLVED, That the 1980 Authorized Equipment List for the Youth Program, A7310-250 , be amended to include the following: Stereo System $150 . 00 Ice Skates 936. 00 and BE IT FURTHER RESOLVED, That the Revenue Account A2070-Contributions for Youth, be amended to include $150. 00 for the Stereo System. Carried Unanimously Approval of T.R.U. S.T. Agreement for Youth Services By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the contract between the City of Ithaca and T.R.U. S.T. for Youth Services in an amount not to exceed $800 . 00. Carried Unanimously Approval of Contracts Alderman Gutenberger reported that the committee has discussed the contracts but needed more information which he understood the committee now has in hand. He commented that perhaps before the end of the meeting the committee could get together. Lease with Ithaca City School District for G. I .A. C. Alderman Gutenberger reported tlmt the committee oes have the power tol act , and has met with Ithaca School District and discussed the lease. The Budget and Administration Committee has authorized signing of the lease pending the legal review of the City Attorney and the Attorney for the School District. After consulting with City Attorney Shapiro, Alderman Gutenberger commented that for all intents and purposes the lease is ready to be signed. Amendment of 1980 Sewer Fund Budget By Al erman Gut en erger : Seconded by Alderman Saccucci RESOLVED, That the 1980 Sewer Fund Budget be amended as follows : - 7- February 6 , 1980 Increase G9550-9 Transfer to Capital Fund $ 31535 . 00 Increase Appropriated Fund Balance $35535 . 00 Said appropriation is to provide for the over-runs in the following Capital Projects : Sewage Treatment Plant - G391- 81 $3, 353. 00 Fall Creek Effluent Line - G391-94 182 . 00 Carried Unanimously Formation of a New York State Municipal League Alderman Gutenberger reported being in receipt of correspondence from Pres . Charles Cola of the New York State Association of City Councils in regard to the formation of a New York State Municipal League , and requesting attendance at a meeting. Unfortunately there was not enough time after receipt of the notice. The committee did direct Joe Spano to get in touch with Mr. Chas . Cola, which he has done , and indicate that the committee could not attend the meeting. He did request that they send the committee all the information which comes out of that meeting. Alderman Slattery requested that a copy of the information be directed to " the Intergovernmental Relations Committee also. Approval of Contract--City of Ithaca/Ithaca City School District- - Civil Service Matters By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the contract between the City of Ithaca and the Ithaca City School District for performance by the City of certain services in connection with Civil Service matters in an amount not to exceed $11,073. 91 , ' which is the School District ' s share for said services . Carried Unanimously Approval of Contract- -Tompkins County Chamber of Commerce By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That the Mayor and City Clerk be , and they are , hereby authorized and directed to execute an agreement with the Tompkins County Chamber of Commerce for promotional services in an amount not to exceed $9 ,000. 00 with the stipulation that the Chamber of Commerce continue the Commons Information Booth. Carried Unanimously A proval of Lease--Center for the Arts at Ithaca , Inc. By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute a Lease between the City of Ithaca and Center for the Arts at Ithaca, Inc. covering the "hangar Theater" property as described in said Lease . Discussion followed on the floor. A vote on the resolution resulted as follows : Ayes (9) - Banfield, Boothroyd, Boronkay, Dennis , Gutenberger, Nichols , Saccucci , Schuler, Slattery Abstention (1) - Holman Carried Audit By Alderman Gutenberger : Seconded by Alderman Holman RESOLVED, That the bills audited and approved by the Budget and Administration Committee in the total amount of $ 36 ,446 . 28 , as listed on Audit Abstract #2/1980 , be approved for payment . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously 466 -8- February 6 , 1980 Amendment of GIAC 1980 Personnel Roster By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That the GIAC 1980 Personnel Roster be amended as follows : Eliminate the vacant Recreation Specialist position. Include a Recreation Leader position, said compensation to be $7,699 to $11 , 395 per the 1980 CSEA Administrative Contract. Carried Unanimously Finger_Lakes Association T-Iderman Gutenberger reported that during the Preliminary Budget hearings , the question of a contract with the Finger Lakes Association for the brochure which they publish was brought up . The committee is currently trying to set up a meeting with the Association for approxi- mately two weeks from now. CHARTER AND ORDINANCE COMMITTEE: Special ar ing Permits Alderman Slattery reported that the Attorney General ruled that the special parking permits are not allowable. At the next meeting of the Charter and Ordinance Committee , on Monday, February 11 , 1980 , there will be a public review of the ordinance on transportation and storage ban of high-level radioactive materials . After that hearing, the committee will talk once again about the parking situation on S. Hill and look for other ways to alleviate the situation, Moratorium on Issuance of Li uor Licenses By Alderman Slattery: Seconded by Al erman Holman BE IT RESOLVED, That the Common Council hereby enacts the moratorium on the granting of additional on--premises or off-premises liquor licenses in the Central Business District of the City of Ithaca indefinitely. Discussion followed on the floor. City Attorney Shapiro suggested some minor changes in the wording of the resolution which Aldermen Slattery and Holman accepted, as follows : Revised Resolution BE IT RESOLVED, That the Common Council hereby requests the Alcoholic Beverage Control Board to impose a moratorium on the granting of additional on-premises or off-premises liquor licenses in the Central Business District of the City of Ithaca for six months . A vote on the resolution resulted as follows : Ayes (6) - Nichols , Schuler, Dennis , Holman, Slattery, Saccucci Nays (_3) - Banfield, Boothroyd, Gutenberger Abstention - (1) - Boronkay Carried Open Beverage Container Ordinance The following resolution was laid on the table by Alderman Slattery: ORDINANCE NO. 80- AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC SAFETY" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW YORK AS FOLLOWS: Section 1 . That Chapter 65 entitled "Public Safety" of the City of Ithaca Municipal Code is hereby amended as follows : 1. That a new section to be known and designated as Section 65 . 34 entitled "Open Alcoholic Beverage Container Prohibition" to follow Section 65 . 33 is hereby added to said Chapter to read as follows : Section 65 . 34 Open Alcoholic Beverage Container Prohibition A. Except as otherwise provided in this Chapter, no person shall i -9- February 6 , 1980 have , possess , carry or transport liquor, wine , beer or other alcoholic beverages in or upon any public sidewalk, street, highway, parking lot or public park in the City of Ithaca in open bottles or other open containers , and no person shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street , highway, parking lot or public park in the City of Ithaca, New York. B. This section shall not apply to or within the boundaries of Cass Park or Stewart Park, which area as shall be regulated by the Board of Public Works . C. The violation of any of the provisions of this section shall be punichable by a fine not greater than ONE HUNDRED DOLLARS (_$100. 00) and/or not more than fifteen (15) days in jail . 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. Alderman Slattery commented that the meeting of the committee on February 11 , 1980 would be opened to discussion of the ordinance. Ban on Transportation and Storage of High-level Radioactive Materials in City AA erman Slattery referred to a proposed ordinance , commenting there would be an opportunity to review the ordinance in detail . Amendment to 530. 51 Zoning Law "Restoration After Damage" By Alderman Slattery: Seconded by Alderman Nichols BE IT RESOLVED, That Ordinance No. 80- entitled "An Ordinance Amending Article III Supplementary Regulations of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code ," be and hereby is introduced before the Common Council of the City of Ithaca, New York. BE IT FURTHER RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers , City Hall at 108 East Green Street , in the City of Ithaca, New York on Wednesday, March 5th, 1980 at 7 : 30 p.m. BE IT FURTHER RESOLVED, That the City Clerk give notice of such public hearing by the publication of such notice in the official newspaper, specifying the time when and the place where such public hearing will be held and in general terms describing the proposed ordinance . Such notice will be published once at least 15 days prior to the public hearing. BE IT FURTHER RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Board, a true and exact copy of the proposed Zoning Ordinance for its report thereon. ORDINANCE NO. 80- AN ORDINANCE AMENDING ARTICLE III , SUPPLEMENTARY REGULATIONS OF CHAPTER 30 ENTITLED "ZONING" 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 . Amending Section 30. 51 1 . "That Section 30. 51 "Restoration after Damage ," as last amended, is hereby amended and changed by adding the words : provided that the floor area, occupancy, and exterior dimensions are not increased in the new building when compared to the old building as it existed in an undamaged state . " Section 2 . That in accordance herewith , the City Clerk is hereby directed to make or cause to be made the necessary changes in the Zoning Ordinance. l)'7 -10- February 6 , 1980 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. Discussion followed on the floor. Carried Unanimously Trail Bikes Alderman Slattery reported that Asst. Chief Pagliero could not find any place in the Codes of Ordinances any regulations on trail bikes and asks the Charter and Ordinances Committee to research the matter. Mr. Slatte obtained a copy of the Model Codes from Albany, but could not find any chapter dealing with trail bikes . Alderman Slattery commented that the difficulty is that there are many types of trail bikes or motorized vehicles , and to regulate that is going to take some research. The committee is still researching this and, hopefully, will be able to come back with something to regulate the operation of trail bikes on public property within the City of Ithaca. Referral of Items of Legislation to Charter and Ordinances Committee Discussion was held on the procedure for items to be handled- -whet er they should be brought to Council and be referred to committee , or whether they should originate in committee. Resolution By Alderman Dennis : Seconded by Alderman Holman RESOLVED, That "Transportation and Storage of High-level Radioactive Materials in the City" be referred to the Charter and Ordinance Committee. Carried Unanimously Regulations for Wood-burning Stoves Alderman Saccucci suggested an ordinance be prepared requiring homeowne or users of wood-burning stoves , to provide fire extinguishers . Asst. Fire Chief Sanford reported that no standards exist for wood stoves , and Building Commissioner Hoard reported that no building code exists to cover wood-burning stoves . Resolution By Alderman Saccucci : Seconded by Alderman Boothroyd RESOLVED, That an ordinance regulating wood-burning stoves be referred to the Charter and Ordinances Committee, the Board of Fire Commissioners and the Building Commissioner. A vote on the resolution resulted as follows : Ayes (9) - Banfield, Boothroyd, Boronkay, Gutenberger, Holman , Nichols , . Saccucci , Schuler, Slattery Nay (1) Dennis Carried PLANNING AND DEVELOPMENT COMMITTEE : Transfer of Cherry Street Industrial Park to Ithaca Urban Renewal Authority By Alderman Nichols : Seconded by Alderman Schuler WHEREAS, the second phase of construction on the Cherry Street Industri Park will commence during the spring of 1980 , and WHEREAS, an administrative and managerial entity is required to oversee leasing of industrial sites in the facility, and WHEREAS, the City of Ithaca Urban Renewal Agency (IURA) and Common Council ' s Planning and Development Committee have been briefed on the administration and management of the industrial park, with particular respect to leasing, and WHEREAS, the IURA has indicated a willingness to assume a lead role in this project , and 69 -11- February 6 , 1980 WHEREAS, Department Heads for the City of Ithaca have indicated to the Mayor that they are in favor of the Ithaca Urban Renewal Agency assuming a lead role in this project , and WHEREAS, interest has been shown by a firm in leasing acreage that will become available in 1980 for immediate plant construction, and WHEREAS, transfer of ownership of the facility or any part thereof and transfer of grantee status to the IURA will expedite all facets of development and leasing in the Cherry Street Industrial Park, and WHEREAS, federal agencies involved in the financing of the project are agreeable to said transfer of grantee status from the City of Ithaca to the Ithaca Urban Renewal Agency; NOW, THEREFORE, BE IT RESOLVED, That the Mayor is directed to effectuate said transfer of ownership of the facility or any part thereof and grantee status to the Ithaca Urban Renewal Agency , subject to review and conditions stipulated by the Director of Planning and Development , the City Attorney and the City Controller, and �! BE IT FURTHER RESOLVED, That Common Council direct City staff to assist the Ithaca Urban Renewal Agency in whatever means practical to complete �- said project. Carried Unanimously Authorization To Sell a Piece of Land on the Cherry Street Right-of-way as Surplus Property By Alderman Nichols : Seconded by Alderman Schuler WHEREAS, the Board of Public Works , on January 29 , 1980 , declared a piece of land on the Cherry Street right-of-way, less than one acre in area and triangular in shape , to be surplus property and recommended its sale to the highest bidder, and WHEREAS, the staff of the Department of Planning and Development also recommends the declaration of this piece of property as surplus ; NOW, THEREFORE, BE IT RESOLVED, That the Common Council declares the described property to be surplus City property and authorizes the sale of the property to the highest bidder, subject to the review of the City Attorney, with reservation of the right to refuse any and all bids . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Hillview Park Development By Alderman Nichols : Seconded by Alderman Holman WHEREAS, the South Hill neighborhood is currently deficient in park space , and the neighborhood has a high concentration of families with children, and WHEREAS, South Aurora Street acts as a barrier to the children of the western portion of the South Hill neighborhood, inhibiting the use of the South Hill School playground, and WHEREAS, the City of Ithaca desires to apply for financial assistance under the Outdoor Recreation Development Bond Act (Chapter 558 , 559 , Laws of the State of New York, 1965) and under the land and Water Conservation Fund Act of 1965 (78 Stat . 897 - 1964) for the Hillview Park project which will provide needed play facilities for the South Hill neighborhood; NOW, THEREFORE , BE IT RESOLVED, That Common Council directs the Mayor to execute and submit application for financial assistance under the aforementioned legislative authorities for the cost of development of the Hillview Park project ; and 470 -12- February 6 , 1980 BE IT FURTHER RESOLVED, That , upon approval of such grant application, the Mayor be and is hereby authorized and empowered on behalf. of Common Council to execute such contracts as are necessary to implement such project . Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously Center Ithaca Study and Designation of Preferred Developer By Alderman Nichols : Seconded by Alderman Slattery WHEREAS, the City of Ithaca has worked toward construction of a develop- ment on the Ithaca Center site for many years , and WHEREAS, there have been various attempts at development , and WHEREAS, the assistance of a professional development corporation would be of considerable help to the City in accomplishing development of this crucial site in downtown, and WHEREAS, the American City Corporation, a subsidiary of the Rouse Company, has made a proposal to the City of Ithaca for providing such development assistance, and WHEREAS, the Ithaca Urban Renewal Agency has resolved to request that the New York State Urban Development Corporation grant conditional redeveloper status to the McRobb/Goldberg group ; NOW, THEREFORE, BE IT RESOLVED, That the Mayor is hereby directed, with review by the City Attorney, to enter into a contract with the American City Corporation and the Ithaca Urban Renewal Agency, based on American City Corporation's proposal to the City of Ithaca of December 1979, for development assistance for the Ithaca Center project. BE IT FURTHER RESOLVED, That the above contract shall be in two phases , the first phase to be paid for with Community Development funds , the second phase to be authorized by the Common Council , contingent upon receipt of a 304 Technical Assistance Grant from the U. S. Department of Commerce, Economic Development Administration. BE IT FURTHER RESOLVED, That the Mayor is hereby directed to make appli- cation to the Economic Development Administration for a Section 304 Technical Assistance grant to undertake the second stage of the consultant services for the Ithaca Center site. BE IT FURTHER RESOLVED, That this Common Council does hereby confirm the action by the Ithaca Urban Renewal Agency by which conditional redeveloper status was given to the McRobb/Goldberg group . BE IT FURTHER RESOLVED, That this conditional redeveloper status , consisting of a right-of-first refusal , shall terminate automatically after a 90-day period, commencing upon signing of the contract by and among the City of Ithaca, the Ithaca Urban Renewal Agency, and American City Corporation, if the McRobb/Goldberg group has not made reasonable progress toward development of the project , as determined by the Ithaca Urban Renewal Agency. BE IT FURTHER RESOLVED, That the Common Council hereby request that the New York State Urban Development Corporation grant redeveloper status to the McRobb/Goldberg group. BE IT FURTHER RESOLVED, That the Mayor, as Chairman of the Ithaca Urban Renewal Agency, be hereby authorized to enter into any and all agreements necessary for completion of this project upon approval by the Agency's attorney. Discussion followed on the floor. A vote on the resolution resulted as follows : Carried Unanimously -13- February 6 , 1980 The Common Council adjourned for a recess at 9 : 55 p .m. The Common Council reconvened in regular session at 10 : 00 p.m. HUMAN SERVICES COMMISSION: Recommen ation rom Society for Prevention of Cruelty to Animals By Alderman Schuler: Seconded by Al derma lattery RESOLVED, That the Recommendation from the SPCA to render the City Dog Control Leash Law more enforceable be referred to the Charter and Ordinance Committee for consideration and action. Carried Unanimously Scheduled Meetings of the Human Services Committee with Human Service Agencies Alderman Schuler announced that the Human Services Committee will be meeting on the third Tuesday of each month at 8 : 00 p.m. in the Common Council Chambers . However, Mrs . Schuler announced the following informa- tional meetings for the remainder of February and March: February 7, 1980, 8 : 00 P.M. , Common Council Chambers--Sam Cohen '+ VV of the Youth -Bureau will meet with the committee. I. \2 February 20 , 1980 , 8 : 00 P.M. , Common Council Chambers--Acting Chief Tuckerman of the Fire Department will meet with -. the committee. March 18, 19802 8: 00 P.M. , Common Council Chambers- -Officer A. Schultz of the Policemen' s Benevolent Association will meet with the committee. City of Ithaca Information Brochure Alderman Schuler reported that an item brought up at the committee ' s first meeting was the possibility of updating the information contained in the Citizen' s Handbook, listing at a glance the city' s ordinances , city officials- -a guide to the residents . BUDGET AND ADMINISTRATION COMMITTEE: Approval of Contracts- - ecial Programs , Bottom Line , One-to-One Program By Alderman Nichols : Seconded by Alderman Slattery RESOLVED, That Item C (1 , 2 , 3) be referred to the Budget and Admini- stration Committee with power to act , as follows : 1 . RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the contract between the City of Ithaca and Tompkins County Youth Bureau for Special Programs for the Handicapped, the total cost of the program not to exceed $26 ,000 , with the City of Ithaca' s share not to exceed $13,000 . 2 . RESOLVED, That the Mayor and City Clerk be authorized and directed to execute the contract between the City of Ithaca and Tompkins County Youth Bureau for the Bottom Line Program, the total cost of the program not to exceed $14 ,425 , with the City of Ithaca' s share not to exceed $ 7, 212 . 50 . 3. RESOLVED, That upon receipt of the contract between the City of Ithaca and Tompkins County Youth Bureau for the One-to-One Program, That the Mayor and City Clerk be authorized to execute said contract , the total cost of the One-to-One Program not to exceed $22 ,000 , with the City of Ithaca' s share not to exceed $11 ,000 . Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: BUScuFR � Alderman Slattery reported that C ris 4tesk-, Hfiman Services Coalition, and John Gaines , Tompkins County Youth Bureau, are preparing an informa- tional report for a meeting with the Town , to be held the latter part of February. Notification will be sent to all aldermen, and any who are interested are welcome to attend. 472 -14- February 6 , 1980 City-County Problems Alderman Slattery reported that there is a possibility of the county offices moving away from the city to the old hospital building. He commented that he felt it would be appropriate that the Common Council meet with the city members of the Tompkins County Board of Repre- sentatives to discuss some of the common problems , and asked Mayor Bordoni to arrange such a meeting. City of Ithaca/Cornell University Alderman Slattery reported that the committee is investigating the possibility of better communication with Cornell University regarding mutual problems . There will be a meetingon March 25th and. Mr. Slattery will report back to Council progress made. CONSERVATION ADVISORY COUNCIL: Nuclear Regulatory Ban Alderman Holman reported that the commission ha-s done some initial work on the Nuclear Regulatory Ban which will be forwarded to the Charter and Ordinance Committee. Mayor Bordoni commented that he hoped the effects of other dangerous liquids and materials will be included, and the ban not be limited to nuclear wastes only. CIRCLE GREENWAY COMMISSION: Spring Festival Alderman Nichols reported the Circle Greenway Commission is currently working on a Spring Festival which will be located in the Fall Creek area and will consist of walks , looks at historic buildings , and the publication pointing out the history and attractions of that area of the city. REPORTS OF SPECIAL COMMITTEES: Alderman Slattery reported that the Wastewater Facilities Plan had been presented the previous evening; several aldermen were in attendance at the presentation. He reported that there will be other public hearings on the subject and he hoped every council member would be present at the next public hearing as it is a very large project and. important to the city. UNFINISHED AND MISCELLANEOUS BUSINESS: Shopping Carts Alderman Ban field called attention to the problem of shopping carts in the creeks in the city, which had previously been referred to the Council from the Board of Public Works . Alderman Slattery reported that the Council had discussed the problem and decided to do nothing. They felt that to place restriction on the store owner was the wrong way to approach the problem. The correct way would be for the store owner to post a sign indicating it is illegal to remove the carts from the property. From that point on it would be a police matter. After further discussion, Alderman Slattery agreed that the Charter and Ordinance Committee would study .the problem further. Access for the Handicapped Alderman Slattery asked what progress is being made on providing access to City Hall for the handicapped. Mayor Bordoni reported that the Engineering Department and K athe Evans are working on the project. Alderman Dennis suggested holding meetings occasionally at a location that would be accessible to the handicapped. Draft Registration Alderman Saccucci reported that constituents in his ward are opposed to the draft , but support registration of both men and women , and asked that this body relay this to President Carter. No action was taken. i 4 7 -15- February 6 , 1980 Fire Department Annual Report By Alderman Boothroyd: Seconded by Alderman Slattery RESOLVED, That the Council acknowledge receipt of the Fire Department 1979 Annual Report. Carried Unanimously ADJOURNMENT : On a motion the meeting adjourned at 10 : 22 p.m. i .,,c:c. . >t ,-i l 'a:-'�.. y'r....r�f.,.jf�•Jr C/;/�'� os ph A. Rundle , City Clerk 'Rmon Bo r oni , Jr. , Mayor