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HomeMy WebLinkAboutMN-CC-1980-05-0713 Regular Meeting PRESENT: Mayor - Bordoni Aldermen (10) - COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 7:30 P.M. May 7, 1980 Banfield, Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Nichols, Saccucci, Schuler, Slattery OTHERS PRESENT: Asst. City Controller - Spano Director, Youth Bureau - Cutia Personnel Administrator - Collins Building Commissioner - Hoard Dep. Fire Chief - Tuckerman City Attorney - Shapiro Director, Planning F Development - Van Cort City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayor Bordoni led all present in the Pledge of Allegiance to the American flag. MOMENT OF SILENCE: Mayor Bordoni asked the Council to stand for a Moment of Silence in honor of the Americans who were killed in the rescue attempt in Iran. MINUTES: By Alderman Nichols: Seconded by Alderman Gutenberger RESOLVED, That the Minutes of the meeting of March 27, 1980, and the corrected minutes of the 'meeting of April 2, 1980, be approved as recorded by the city clerk. Corrections to Minutes of April 2, 1980: Page 2 - line 7, should read: Acquisition of Bus, not Title VIII Fair Housing Ordinance. Page 7 - line 3 should read: the City's control over the terMina- tion, not turn, of the lease... . Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - Federal Revenue Sharin Resolution to Open Public Hearing By Alderman Boronkay: Seconded by Alderman Slattery RESOLVED, That the Public Hearing on Federal Revenue Sharing be opened. Carried Unanimously No one appeared to speak to the hearing. Resolution to Close Public Hearing By Alderman Slattery: Seconded by Alderman Boronkay RESOLVED, That the Public Hearing on Federal Revenue Sharing be closed. Carried Unanimously COMMUNICATIONS: Letter from Tompkins County Chamber of Commerce Mayor Bordoni reT—erred to a letter from the Tompkins County Chamber of Commerce regarding transient merchants, copies of which were distributed to the aldermen lrith agenda. Resolution By Ammerman Boronkay: Seconded by Alderman Holman RESOLVED, That the letter from the Chamber of Commerce regarding transient merchants be referred to the Charter and Ordinance Committee. Carried Unanimously Memorandum from Department of Planning and Development Mayor Bordoni re err-coto a memoran um rom the Department of Planning and Development regarding designation of lead agency for environmental revieiJ. Resolution By Alderman Nichols: RESOLVED, That the me Development regarding review be referred to -2- May 7, 1980 Seconded by Alderman Slattery morandum from the Department of Planning and designation of lead agency for environmental the Planning and Development Committee. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Proposal for a New Fire Station for Company #2 Captain Richard Langendoefer, Rescue Steamer & Chemical Co. #2, Ithaca Fire Department, read the following letter of request: "March 1, 1980 Dear Councilperson: On behalf of Rescue Steamer & Chemical Company #2, established July 1, 1823, the first and oldest Volunteer Fire Company in the Ithaca Fire Department, we do hereby make a request for,you to consider: 1. Let it be known that our -Fire Company is willing, ready and able to relocate any place in the City of Ithaca that you so desire - such as South Hill, West Hill, and /or the Elmira Road area. 2. Up until the Central Fire Station was built at 310 West Green Street #21s did in fact have their own station at 206 East Seneca Street. This station was built and paid for by the members of #21s. It was built on land acquired from St. John's Episcopal Church in 1867 for $500.00. 3. In no way do we want this new fire station to be an elaborate struc- ture. We feel it should be a single story concrete block building, rectangular in shape, large enough for a kitchen - dining- meeting roo bunk room and an apparatus room, plus parking, if possible. 4. The members of #2's will submit themselves in aiding in the construc- tion of this fire station and will, after it is built, take over the complete maintenance of this station, such as painting, roof repairs, repairing broken windows, etc. We shall also furnish the building with bunks, tables and chairs, kitchen equipment, etc. S. The funds for the care of the building will come from fundraising projects put on by #21s. 6. #21s is the only fire company of the Ithaca Fire Department that sponsors an Explorer Post - Post #145, chartered by the Boy Scouts of America, active since November 1969. Presently the membership is 14. A great many of these young people have become volunteer firemen in various companies of the Ithaca Fire Department, including #21s, since November 1969. 7. We would be more than pleased to have this fire station used by the City of Ithaca for meetings, public meetings, neighborhood meetings and gatherings of other organizations in the City who have used Central Fire Station for meetings, and for other events that may occi,r_ We have approached Common Council several other times on this subject - 1958, 1965 and now. We sincerely desire that you will give this your serious consideration and may we meet with you soon to answer any questions you may have? We are at your service. Respectfully, the members of Rescue Steamer $ Chemical Company #2. Richard Langendoefer Sr. Captain Ithaca Fire Department" -3- May 7, 1980 Resolution By Alderman Slattery: Seconded by Alderman Nichols RESOLVED, That the Proposal for a New Fire Station for Company #2 be referred to the Planning and Development and Human Services Committee. Carried Unanimously Access for the Handicapped Alfred Leonardo, 104 Third Street, spoke to the Council regarding access for the handicapped to City Hall, including a stairway lift, stating he gives qualified approval to a lift providing Council does nothing about it without input from the handicapped community. Renovation of Valentine Place Dormitory Ms. Dorothy McDowell, 113 Brandon Place, spoke to the Council, recom- mending the development or renovation of Valentine Place dormitory for housing. ADDITIONS TO THE AGENDA: Charter and Or finance Committee Alderman Slattery requested the addition of one item - amended dog ordinance; and consideration of zoning change and Fair Housing Ordinance draft which are included in his item Reports. No Council member objected. Courtesy Ticket Issue A Alcerman Banfield requested the addition of the issue of Courtesy Tickets under Old Business. No Council member objected. COMMUNICATIONS FROM THE MAYOR: Letter from the Progressive Citizens Alliance Mayor Bor oni called attention to a letter from Edward P. Abbott, Chairman Progressive Citizens Alliance, regarding the City of Ithaca Budget for 1981, copies of which had been given to each alderman; therefore reading of the letter was waived. Letter from Gerald Schickel Mayor Bordoni read the following letter to the Council: "202 Sunrise Road Ithaca, N.Y. 14850 May 6, 1980 Dear Mayor Bordoni and Aldermen: Just so you won't go on believing there is no public dissatisfaction with your proposed budget and accompanying tax increase, I would like to tell you what I think of it. I'm enraged! I believe that the largest tax increase in our history is unnecessary and totally unacceptable. I've been told that income is down because of reductions in state aid, sales tax, etc. The decrease in income is about $400,000 or 40 of the general fund budget. Where do you aldermen get the idea that you should increase expenditures when your income is down? You can't do it in your own families. You can't do it in your own businesses. But yet you think it is alright to do it with taxpayers'. Nell, I'm telling you that it isn't alright. It is bad management and it is not acceptable. You can't even justify it by saying you are providing some new and innovative programs. The whole increase goes into more bureaucracy and the same old services. I'm doubly enraged because I feel that you've acted in bad faith. Some months ago you asked each department and board to tighten up and cut their budgets. The Board of Public Works took you at your word. We made the mistake of believing that you meant what you said and we made some real cuts. From 1979 the General Fund portion is down 4.20. The Water Fund is down 270. The Sewer Fund is down 60. f) -4- May 7, 1980 Because of these cuts many city employees lost their jobs. Not by being laid off, but just as surely as if they were laid off. We tightened up in many areas and I believe we have a better department because of it. Now we find that you have rewarded the departments that didn't make cuts and clean up their own operations by parceling out to them the money that we saved by cutting people's jobs. To put it mildly, I've never been as fed up and full of contempt for any public body. I've been told that some of you still have the absolute audicity to say that the large tax increase is the fault of the county assessment dept. and that the city tax increase is 60. The fact is that if you pass this budget our taxes are going up 20 +o and to hide that behind talk about rates, assessments, equalization, etc. is the peak of bureaucratic arrogance. This kind of tax increase is forcing those who love Ithaca to lose faith in your ability to govern and look for other places to live. I urge you to vote no on the budget and tax increase and rework the numbers so the total will be no larger than the tentative total tax set in December. Sincerely, Jerry Schickel" Letter from Ralph M. Bishop, M.D. City Clerk Rundle read the following letter addressed to Alderman Rudolph M. Saccucci which Alderman Saccucci referred to the Council Liaison to the Board of Public Works, Alderman Banfield: "April 27, 1980 Dear Alderman Saccucci: I think that it is high time that something is done about the traffic situation here on Hector Street and Mecklenburg Road. One of the main problems is that there is not adequate warning to motorists coming down Mecklenburg Road of the dangerous curve entering the Ithaca city limits. Just last night there was yet another serious accident at the intersection of Warren Place and Hector Street - a location which was the scene of many accidents, and which is also a stop for all school buses. I realize that the sign (which should be at least a yellow flashing light) would be`,' outside city limits, but we, the residents of the city, are affected most by the problem. Also, the speed limit signs coming up Hector Street are rusted and illegible, and should be replaced. Better enforcement of the speed limit is also definitely in order. Another aggravating problem is the presence of the "turn -out" just west of Marren Place, off Hector Street. This is a frequent stop for disabled motorists, but there is no means for them to call for assistance, except the local residents' private telephones. It is constantly filled with filth and trash - it happens to be relatively clean right now because I personally cleaned it up out of disgust a couple of days ago. Often, people stop and urinate there in plain view. If this "turn -out" is an official creation of the DOT, then it should be cleaned, maintained and policed properly. Sincerely, Ralph M. Bishop cc: Mayor Raymond Bordoni Ithaca Office, DOT" STAFF REPORTS: Planning Director's Report Director Van Cort updated the Council on progress made in work toward the UDAG application at the end of this month -for the Ithaca Center -5- May 7, 1980 1 r' ' Project. fie informed the Council of the following meetings to be held this month: May 12 - Common Council /IURA presentation of been made at that date May 13 - Public Hearing on UDAG grant May 14 - Common Council /IURA joint meeting to with UDAG grant, and approval of the May 16 - Public Hearing on DEIS May 28 - Common Council /IURA consideration of and final design approval changes in design that have get approval to proceed- land purchased and payment final design of developer Mr. Van Cort said there will be a meeting with HUD on May 16; on the 23rd he hopes to be able to distribute design to be considered for approval on the 28th, and on May 30, 1980 the application will be delivered to HUD. BUDGET AND ADMINISTRATION COMMITTEE: Adoption of the 1980 Budget } By Alderman Gutenberger: Seconded by Alderman Saccucci WHEREAS, this Common Council adopted the 1980 Tentative City Budget on December 19, 1979, and WHEREAS, the Budget and Administration Committee has reviewed Depart - mental requests for budget revisions, and WHEREAS, it is the consensus of this Common Council that the total appropriations, as set forth in the City of Ithaca Budget adopted on December 19, 1979, is not adequate for the operation of the City for 1980, and WHEREAS, it is necessary to make the following adjustments: (600" Increase General Fund Appropriations $ 29,321 Decrease Water Fund Appropriations 185,346 Decrease Sewer Fund Appropriations 65,862 Increase General Fund Revenues 3893%292 Decrease Xatex.Fund Revenues_ 25,346 Decrease Sewer Fund-Revenn:es 106,600 Increase Revenue Sharing Fund Revenues 90,845 Change the Personnel Roster Change the Authorized Equipment List Change the Capital Budget List NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca Budget for the year 1980 in the total amount of $12,075,035 be approved, and BE IT FURTHER RESOLVED, That the following sections of the 1980 City Budget be approved: (A) General Fund Appropriations (B) Revenue Sharing Fund Appropriations (C) Water Fund Appropriations (D) Sewer Fund Appropriations (E) Commons Assessment Fund Appropriations (F) General Fund Revenues (G) Revenue Sharing Fund Revenues (Woo" 00 Water Fund Revenues (I) Sewer Fund Revenues (J) Commons Assessment Fund Revenues (K) Debt Retirement Schedule (L) Capital Budget (M) Schedule of Salaries and Positions - General Fund (N) Schedule of Salaries and Positions - Water and Sewer Funds (0) Authorized Equipment Purchases - General. Fund (P) Authorized Equipment Purchases - Water and Sewer Funds Discussion followed on the floor. 1.,S May 7, 1980 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Gutenberger Aye Boothroyd Aye Banfield Aye Slattery Aye Holman Aye Dennis Absent Saccucci Aye Nichols Aye Schuler Aye Boronkay Aye Ayes (9) Absent (1) - Dennis Carried Adoption of 1980 Tax Rate By Alderman Gutenberger: Seconded by Alderman Boothroyd WHEREAS', 1980 City of Ithaca Budget, estimates and requi:s-i:tions-, in- cluding the Capital Budget, was- approved, adopted and confirmed in the total s-um of $12,075,035 on May-7, 1980, in accordance with a detailed Budget Statement on file in the office of City Controller, and WHEREAS', a.vai,lable and es-ti-mated revenues- total $8,975,757, leaving $39099,278 as- the amount to be raised by-taxation., and I F& WHEREAS, the Assessment Roll for 1980, certified and filed by the Assess- ment Department of Tompkins - County, has- been footed and proved and shows the total net taxable valuation of $292,384,734, and WHEREAS, under Charter provis•ionss the tax limit for City purposes- amounts - to $5,3289323 for 1980; NOW, THEREFORE, BE IT RESOLVED, that the Tax Rate for general City purposes- for the fiscal year 1980 lie, and the same hereby is-, es-tablishE and fixed at $10.60 per $1,000 of taxable valuation as shown., certified and extended against the respective properties-on the 1980 Tax Roll, thereby making a total tax levy as,near as- may be of $3,099,278, and BE IT FURTHER RESOLVED, That the amount of said tax levy be'spread and levied and the same hereby i,s levied upon and against the respective properties shown on said City Tax Roll in accordance with -their respective net taxable valuation at the rate of $10,60 per $1,000 of such taxable valuations, and BE IT FURTHER RESOLVED, That the City Chamberlain tie, and hereby is, directed to extend and apportion the City Tax as above, and that upon completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the. Mayor and City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith.to file the same with said Roll with the City Chamberlain, and BE IT FURTHER RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall thereby become tax liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and BE IT FURTHER RESOLVED, That the total sum of $12,075,035 be appropriate 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 1980 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Valuation of Land Valuation of Buildings Total Value of Real Property Less Value of Exempt Property Plus Value of Special Franchises Net Value of Taxable Property $ 87,845,400 480.261.861 $568,107,261 289,507,650 (50.960) $278,599,611- 13,785,123 $292Y38451734 K -7- May 7, 1980 Alderman Dennis arrived at the meeting at 8:42 p.m. Discussion followed on the floor. Resolution By Alderman Banfield RESOLVED, That the Common Council reconsider a $10.30 per $1,000 tax rate. The motion failed for lack of a second. 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: Boronkay Aye Schuler Aye Nichols Aye Saccucci Aye Dennis Aye Holman Aye Slattery Aye Banfield Nay Boothroyd Aye Gutenberger Aye 11 j Ayes (9) Nay (1) - Banfield P Carried Tompkins County Mental Health Agreement By Alderman Gutenberger: Seconded by Alderman Schuler RESOLVED, That the Mayor.and City Clerk be, and they are, hereby authorized and directed to execute an agreement with the Tompkins County Mental Health Board for the year 1980 to provide a four -week summer day JL00"t camp program to provide mentally retarded /developmentally disabled children of the residents of the County of Tompkins (.and others) personal enjoyment and fun during the camp session, and to teach recreational activities that the campers might participate in upon completion of the camping session, will. be desirable and beneficial to such residents; and to provide recreational leisure time activities to mentally retarded /developmentally disabled adults during times when regular agency services are not opera- ting, so as to provide opportunities for increased socialization experi- ences, to improve over -all physical condition and general health and to provide experience which will promote personal feelings of success, self worth, accomplishment.and achievement, for a fee not to exceed $39,587.00. Carried Unanimousiy 1979 Tax Roll Correction By Alderman Gutenberger: Seconded by Alderman Boothroyd WHEREAS) the 1979 Tax Roll for the City of Ithaca included the property known and numbered 307 College Avenue, Ithaca, New York, owned by Reeder D. Gates and Sally S. Gates, and WHEREAS, pursuant to Section 554 (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 Reeder D. Gates and Sally S. Gates, and WHEREAS) said investigation revealed that on the 1979 Assessment Roll for the City of Ithaca, Parcel Number 64- 10 -16, 307 College Ave., was duplicated in the assessment of another parcel, namely, 64- 10 -15, 307 1/2 College Avenue, and WHEREAS, The Director of Assessments recommends that Parcel 64- 10 -16, 307 College Avenue, be expunged; NOW, THEREFORE, BE IT RESOLVED, That the 1979 Tax Roll for the City of Ithaca be amended to expunge the assessment of Parcel 64- 10 -16, 307 College Avenue, 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 �? U -8- May 7, 1980 a new tax bill for said property or make an appropriate refund. if the 1979 City Taxes have been paid. Carried Unanimously East Clinton Street Bridge Additional Appropriation By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That an additional sum of $25,000 be appropriated. from Capital Reserve Fund #4 - Bridges, for the purpose of financing improvements to the East Clinton Street Bridge, as requested by the Board of Public Wor Carried Unanimously Parking Underneath Green Street Ramp By Alderman Gutenberger: Seconded by Alderman Holman RESOLVED, That the request of the Board of Public Works for $3,500 to provide turnover parking underneath the Green Street Ramp be denied. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Job Description and Salary_ Re- evaluation By Alderman Gutenberger: Secon ed by Alderman Saccucci WHEREAS, the City of Ithaca agreed to periodically re- evaluate existing job descriptions on the basis that there has been or will be an increase in job duties, and WHEREAS, a re- evaluation has been conducted in the case of the Building Inspector III position, Housing Inspector positions and Police Dispatcher position, and WHEREAS, these re- evaluations have reviewed the classifications to determine salary grades appropriate to the qualifications and responsi- bilities required for these positions; NOW, THEREFORE, BE IT RESOLVED, That the following positions with the appropriate salary grades are hereby entered into the 1980 Compensation Plan of the CSEA, Administrative Unit salary schedule with notation of effective salary step for those City employee(s) currently filling those positions: q'AL)SSIFICATION TITLE SALARY RANGE Police Dispatcher 40 hours $89747 to $12,948 James Kafura Step #1 $931097 Andrew Stern Minimum Step 83,747 Claudia Hutchinson Minimum Step 8,747 Housing Inspector 35 hours $10,930 to $163-178 Michael Dickerson Step #1 $113P367 Lee Naegely Step #2 11,822 William Luce Step #6 133,830 Dannie Conrad Step #9 15,556 Building Inspector III 35 hours $10,930 to $16,178 Vacant BE IT FURTHER RESOLVED, That this action becomes effective on July 1, 1980. Carried Unanimously Within Grade Raises By Alderman Gutenberger: Seconded by Alderman Saccucci WHEREAS, the City Charter authorizes the Common Council to establish and from time to time amend a compensation plan governing the salaries and wages of such officers and employees of the City of Ithaca,, and ,j -9- May 7, 1980 WHEREAS, the Common Council has established a procedure wherein officers and employees may receive within -grade increases when it has been determined that such salary increases are in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED, That the following within -grade increases are hereby authorized on the City of Ithaca 1980 Compensation Plan for employees not covered by union: (Ww, Building Commissioner from $20,560 to $23,127 Personnel Administrator from $18,277 to $20,560 BE IT FURTHER RESOLVED, That this action become effective July 1, 1980. Carried Unanimously Hiring Temporary Personnel on Emergency Basis By Alderman Gutenberger: Seconded by Alderman Saccucci WHEREAS, the City of Ithaca has experienced a shortage of two admini- strative personnel on a temporary basis due to unexpected resignations, and a WHEREAS, there will be a transition period during which hiring cannot be a fulfilled in accordance with Civil Service procedure and personnel ' policies, and WHEREAS, there is an immedaite need for personnel in these two positions due to increased work load created by summer youth program development; NOW, THEREFORE, BE IT RESOLVED, That the Personnel Administrator is hereby authorized to hire two temporary personnel from a professional employment agency on an emergency basis for a limited period of time as specified: 1 Clerk /Typist for a limit of 30 days 1 Clerk /Typist with accounting capabilities for a limit of 3 weeks BE IT FURTHER RESOLVED, That the funds for these positions will be expended from the using department's contractual account. Carried Unanimously City Controller- Assistant Cites Controller's Positions By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the job description and /or filling of the Controller's position, and the job description and /or filling of the Assistant Controller's position, be referred to the Budget and Administration Committee with recommendations to be brought back to Common Council. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the bills audited and approved by the Budget and Admini- stration Committee in the total amount of $63,251.83, as listed on Audit Abstract #8/1980, be approved for payment. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Appraisal - East Hill School By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That the appraisal bid for the East Hill School be awarded to Midland Appraisal Inc. in the amount of $2,000. Discussion followed on the floor. -10- May 7, 1980 A vote on the resolution resulted as follows: Ayes (4) - Nichols, Schuler, Dennis, Gutenberger Nays (6) - Banfield, Boothroyd, Slattery, Holman, Boronkay, Saccucci Motion Defeated Resolution By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, That the Council approves the bid submitted by Edward W. Aust3 Realtor and Appraiser, dated May 5, 1980, in an amount not to exceed $18uO. Referral Resolution By Alderman Nichols: Seconded by Alderman Schuler RESOLVED, the matter of awarding a bid for appraisal of East Hill School be referred to the Budget and Administration Committee, with power to act. A vote on the Referral Resolution resulted as follows: Ayes (2) - Nichols, Schuler Nays (8) - Banfield, Boothroyd, Dennis, Gutenberger, Holman Boronkay, Slattery, Saccucci Motion Defeated A vote on the main resolution resulted as follows: Ayes (6) - Banfield, Boothroyd, Holman, Boronkay, Slattery, Saccucci Nays (4) - Nichols, Schuler, Dennis, Gutenberger Carried Resolution of Appreciation - Alderman John Gutenberger By Mayor Bor oni: Seconded by Alderman Slattery WHEREAS, John Gutenberger has served as chairman of Budget and Admini- stration Committee for at least 4 years and has had major responsibilit3 for the city budget, and WHEREAS, John has taken considerable flack, and WHEREAS, John has listened patiently and with understanding to requests of the community and the aldermen, no matter how long they talked, and WHEREAS, John's.supply of one - liners is seemingly inexhaustible and always restores balance to the meeting; NOW, THEREFORE, BE IT RESOLVED, That Common Council, on behalf of city residents, does hereby thank Alderman John Gutenberger for his long hours given without complaint and at sacrifice to his family. BE IT FURTHER RESOLVED, That this resolution be spread upon the minutes and a certified copy conveyed to Alderman Gutenberger. Carried Unanimously Common Council recessed at 9:40 p.m. Common Council reconvened in regular session at 9:50 p.m. PLANNING AND DEVELOPMENT COMMITTEE: Support for Tompkins County e forts to obtain funding for Rural /Suburba Public Transportation Al�Terman Nichols presented the following resolution requested by County Representative James Mason: By Alderman Nichols: Seconded by Alderman Schuler RESOLUTION AUTHORIZING THE ITHACA- TOMPKINS COUNTY TRANSPORTATION COMMIS- SION TO-SPONSOR AND FILE APPLICATION TO FEDERAL AND STATE FUNDING AGENCIES FOR FUNDING ASSISTANCE FOR RURAL /SUBURBAN TRANSPORTATION DEMONSTRATION PROGRAMS AND TO MANAGE SUCH DEMONSTRATION PROGRAMS ON AN AD HOC BASIS. WHEREAS, the Ithaca- Tompkins County Transportation Commission is pre- paring a project plan for increased opportunities for rural /suburban transportation in Tompkins County, and -11- Nay 7, 1980 �j WHEREAS, the Commission has requested permission from the municipalities which created the Commission to authorize the Commission to make applica- tion to Federal and State funding agencies to initiate a program for a two - or three -year Rural /Suburban Transportation Demonstration Program, and WHEREAS, the Commission has agreed to submit the project plan to the municipalities for review and comment prior to acceptance of any grant offers from funding agencies, and that the individual municipalities will be kept involved in the process to insure a unified cooperative approach; NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca does encourage and authorize the Ithaca - Tompkins County Transportation Commission to file application for funding assistance for said program and to generally administer, expend funds, and establish policy during the demonstration period, keeping each municipality informed as to progress. Discussion followed on the floor. Frank Liguori, County Planning Director, answered questions of the Council concerning the project. Referral Resolution :g By Alderman Dennis: Seconded by Alderman Slattery RESOLVED, That the resolution authorizing the Ithaca - Tompkins County Transportation Commission to sponsor and file application to Federal and State funding agencies for funding assistance for rural /suburban trans- portation demonstration programs and to manage such demonstration programs on an ad hoc basis be referred to the Planning and Development Committee of Council and the Board of Public Works. Carried Unanimously Mayor Bordoni asked Alderman Nichols to represent the Common Council on the Tompkins County Transportation Commission. Building Proposals for Stewart Avenue and Valentine Place properties; Criteria to be used by City Planning Department in handling development proposals Alderman Nichols reported that there are at least two potential developers for East Hill School, and 'related projects in the Ithaca College dormitory on Valentine Place. Because of an application for UDAC, the city became involved. Resolution By Alcerman Nichols: Seconded by Alderman Slattery RESOLVED, That the following development process for East Hill School be approved conditionally by the Council, to guide the City in the selection of a proposal and a developer for the East Hill School who will be responsive to these concerns: 1. B &A recommendation and authorization of retaining appraisal firm. 2. Negotiations between City and School District based on framework established March 11. Definition of the terms and conditions of property transfer articulated. 3. Common Council /IURA review and approval of terms and conditions of transfer agreement between City and the School District, and the relationship to the developer when designated. 4. Preparation of Draft Request for Proposal (RFI'). S. IURA /Alderpersons /community representatives to discuss RFP elements, particularly submission criteria, evaluation procedure (including weighing and ranking of certain factors), composition of proposal review committee. 6. Approval of Request for Proposal process by IURA /Council. 7. Ti- ailsfer of East hill from Scliool District to City. -12- May i, 1980 8. Transfer of East Hill School from City to IURA with authorization/ recommendation to follow development criteria contained in RFP. 9. Release of Request for Proposals - East Hill School. 10. Evaluation of proposals per process outlined in RFP by the Proposal Review Committee. Recommendation to IURA. 11. Designation of developer by IURA. Recommendation to Common Council J, for approval. 12. Common Council approval /acceptance of IURA designation. Common Council designation of preferred developer. 13. Negotiation between City /designated developer /School District on sale and transfer of property to developer per terms and conditions described in steps 2 and 3. 14. IURA /Common Council approval of terms of property transfer to desig- nated developer. 15. Transfer of East Hill School from IURA to developer. Payment channeled through City to School District per agreement reached in step 2. 16. Request and hearings for zoning change depending on nature of accepted proposal. 17. Hearing before ILPC on suggested physical change. Discussion followed on the floor. Tom, Hanna, East Hill Civic Associa- tion, spoke briefly to the Council, in favor of the Development Process and answered questions fren_ the:.. Ccwicil. A vote on the resolution resulted as follows: Carried Unanimously Fair Housing Ordinance required by Federal Office of Housing and Urban Design in order to comply with funding regulations By Alderman Nichols: Seconded by Alderman Schuler ORDINANCE NO. 90 -5 AN ORDINANCE ADDING CHAPTER 28 ENTITLED "_FAIR HOUSING" TO THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That a new Chapter to be known and designated as Chapter 28 entitled "Fair Housing" is hereby added to the City of Ithaca Municipal Code to read as follows: 28.1 Purpose The declared purpose of this Chapter is to provide under the police powers granted to the city of Ithaca for fair housing stan dards with respect to civil rights throughout the corporate limits of the City of Ithaca. 28.2 Definitions When used in this chapter: 1. The term "person" includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trus- tees in bankruptcy, or receivers. }r -13- May 7, 1980 2. The term "unlawful discriminatory practice" means and includes only those practices specified as such in this chapter_ 3. The term "national origin" shall, for the purposes of this article, include "ancestry." 4. The term "housing accomodation" includes any building, struc- ture, or portion thereof which is used or occupied, or is in- tended, arranged or designed to be used or occupied, as the home, residence or sleeping place of one or.more human beings. 5. The term "multiple dwelling ", as herein used, means a dwelling which is occupied, as a rule, for permanent residence purposes and which is either rented, leased, let or hired out, to be occupied as the residence or home of three or more families living independently of each other. A "multiple dwelling ". shall not be deemed to include a hospital, convent, monastery, asylum or public institution, or a fireproof building used wholly for commercial purposes except for not more than one janitor's apartment and not more than one penthouse occupied by not more than two families. The term "family" as used herein means either a person occupying a dwelling and maintaining a household with not more than four boarders, roomers or lodgers, or two or more persons occupying a dwelling, living together and maintaining a common household, with not more than four boarders, roomers, or lodgers. A boarder roomer or lodger residing with a family means a person living within the house - hold who pays a consideration for such residence and does not occupy- such space within the household as an incident of employment therein. 6. The term "real estate broker" means any person,firm or corpora- tion who, for another and for a fee, commission or other valu- able consideration, lists for sale, sells, at auction or other- wise, exchanges, buys or rents, or offers or attempts to nego- tiate a sale, at auction or otherwise, exchange, purchase or rental of an estate or interest in real estate, or collects or offers or attempts to collect rent for the use of real estate, or negotiates, or offers or attempts to negotiate, a loan secured or to be secured by a mortgage or other en- cumbrance upon or transfer of-real estate. In the sale of lots pursuant to the provisions of article nine -a of the real property law, the term "real estate broker" shall also include any person, partnership, association or• corporation employed by or on behalf of the owner or owners of lots or other parcels of real estate, at a stated salary, or upon a commission, or upon a salary and commission, or otherwise, to sell such real estate, or any parts thereof, in lots or other parcels, and who shall sell or exchange or offer or attempt or agree to negotiate the sale or exchange, or any such lot or parcel of real estate. 7. The term "real estate salesman" means a person employed by a licensed real estate broker to list for sale, sell or offer for sale, at auction or otherwise, to buy or offer to buy or to negotiate the purchase or sale or exchange of real estate or to neogitate a loan on real estate, or to lease or rent any real estate, or who collects or offers or attempts to collect rent for the use of real estate for or in behalf of such real estate broker. 8. The term "discrimination" shall include segregation and separation. 9. The term "disability" means a physical, mental or medical impairment resulting from anatomical, physiological or neu- rological- conditions which prevents the exercise of a normal bodily function or is dewonstrated by medically accepted clini- cal or laboratory diagnostic techniques. pit -14- 28.3 Scope May 7, 1980 The provisions of this chapter shall apply to all housing accommodations and all lots for sale upon which housing accommoda- tions may be built within the corporate limits of the City of Ith 28.10 Unlawful Discriminatory Practices 1. It shall be an unlawful. discriminatory practice for any real estate broker, real estate salesman or employee or agent thereof or any other individual, corporation, part- nership or organization for the purpose of induciiicr a real estate transaction from which any such person or any of its stockholders or members may benefit financially,to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin or marital status of the owners or occupants inthe block, neighborhood or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood or area in which the real property is lo- cated, including but not limited to the lowering or property values, an increase in criminal or anti - social behavior or a decline in the quality of schools or other facilities. 2. It shall be an unlawful discriminatory practice for the owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease a housing accomodation, or dwelling unit in a multiple dwelling, constructed or to be constructed, or any agent or employee thereof. a). To refuse to sell, rent, lease or otherwise to deny to or withhold from any person or group of persons such a housing accommodation, or dwelling unit in a multiple dwelling, because of the race, creed, color, national origin, sex or marital status, of such person or persons. . b) . To discriminate against any person because of his race, creed, color, national origin, sex, physical or mental disa- bility, or marital status in the terms, conditions or privi- leges of the sale, rental or lease of any such housing accommo- dation or dwelling unit in a multiple dwelling, or in the fur- nishing of facilities or services in connection therewith. c). To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental or lease of such housing accommodation or dwelling unit in a multiple dwelling or to make any record of injuiry in connection with the prospective purchase, rental or lease of such a housing accommodation which expresses, directly or indirectly, any limitation, specifica- tion or discrimination as to race, creed, color, national ori- gin, sex, disability or marital status, or any intent to makE any such limitation, specification or discrimination. 3. It shall be an unlawful discriminatory practice for any real estate salesman or employee or agent thereof: a). To refuse to sell, rent or lease any housing accomodation or dwelling unit in a multiple dwelling or land to any person or group of persons or to refuse to negotiate for the sale, rental or lease, of any housing accomodation or dwelling unit in a multiple dcaellittg or land to any person or group of per- sons because of the race, creed, color, national origin, sex, disability, or marital status of such person or persons, or to represent that any housing accommodation or dwelling unit in a multiple dwelling or land is not available for inspection, e -15- May 7, 1980 sale, rental or lease when in fact it is so available, oz other- wise to deny or withhold any housing acconunodation or dwelling unit in a multiple dwelling or land or any facilities of any. housing accommodation or land from any person or group of persons because of the race, creed, color, national origin, sex, disability, marital status or such person or persons. b). To print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for the purchase, rental, or lease of any housing accomodation or dwelling unit in a multiple dwelling or land or to make any record or inquiry in connection with the pros- pective purchase, rental or lease of any housing accomodation or dwelling unit in a multiple dwelling or land which expresses directly or indirectly any limitation, specification, or dis- crimination as to race, creed, color, national origin, sex, dis- ability, or marital status, or any intent to make any such limi- tation, specification or discrimination. 4. The provisions of subdivisions two and three hereinabove shall not apply to: �4 a). To the rental of a housing accommodation in a building which contains housing accommodations for not more than two families living independently of each other, if the owner or mem- bers of his family reside in one of such housing accommodations. b). To tine restriction of the rental of all rooms in a housing accommodation to individuals of the same sex. c). To the rental of a room or rooms in a housing accommodation if such rental is by the occupant of the housing accommodation or by the owner of the housing accommodation and he or,members of his family reside in such housing accommodation. 5. it shall be an unlawful discriminatory practice for any person to aid, abet, incite, compel or coerce "the doing of any of the acts forbidden under this article, or to attempt to do so. 6. it shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to re- taliate or discriminate against any person because he has oppose( any practices forbidden under this article or because he has filed a complained, testified or assisted in any proceeding under this article. 7. Nothing contained in this section shall be construed to bar any religious or denominational institution or organ- ization, or any organization operated for charitable or educational purposes, which is operated, supervised or controlled by or in connection with a religious organi- zation, from limiting rental of housing accommodations or duelling unit in a multiple dwelling, or admission to or giving preference to persons of the same religion or denomination or from making such selection as is cal- culated by such organization to promote the religious principles for which it is established or maintained. 28.20 Enforcement Any individual or group aggrieved and alleging discrimination may lodge a complaint with the Tompkins County Human Rights Commission, the New York State Division of Human Rights, and the United States Department of Housing and Urban Development, The Tompkins County Human Rights Commission will investigate any alleged violation of the provisions of the New York State Iiuman Rights Law. 2S, -16- 28.48 Severability May 7, 1980 If any section or part of this ordinance or its application to any person or circumstance is judged invalid by a court of competent jurisdiction, such order or judgment will not invalidate or affect the remainder of any provision of any such section or the rest of this ordinance. To this end, provisions of each section of this ordinance are declared to be severable. 28.49 Supercession by Other Ordinances, Local Laws, etc. If any section or part of this ordinance is in conflict with any other provision contained in any other Chapter of the Municipal Code or the Ithaca City Charter, then in such case the section.or part of this ordinance so in conflict shall be superceded by such other provisions. 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. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Saccucci, Slattery, Boronkay, Dennis, Gutenberger, Schuler, Nichols, Boothroyd, Banfield Nay (1) - Holman Carried Resolution suggested by City Council of Poughkeepsie, New York, in support of higher New York State payments for maintenance of State Arterial Highways within the City of Ithaca Alderman Nichols reported receipt of a letter by the Mayor from the Cit of Poughkeepsie and a resolution to request that the NYSDoT increase the reimbursement to cities for the maintenance cost to State highways from the present level of $.40 per square yard to $1.50 per square yard. Resolution By Alderman Nichols: Seconded by Alderman Slattery BE IT RESOLVED, That the letter and resolution from the City of Poughkeep- sie, New York, requesting support for an effort to secure higher state reimbursement for the costs of maintaining state arterial highways within the city limits be, and it hereby is, referred to the Board. of Public Works for their comments and possible action. Carried Unanimously Zoning Change Proposed for 400 Block of North Tioga Street Area Alderman Nichols referred to the proposed zoning change and reported that it would be presented under the Charter and Ordinance Committee. Bryant Park Civic Association Alderman Nichols in forme the Council that the Bryant Park Civic Associa- tion would be meeting the following evening to talk about development proposals being made for East Hill. Handicapped Access to City Hall Alderman Nichols reported that right after the last Council meeting at which Planning and Development was charged to come up with improved acct to City Hall and other places which might serve as meeting places for the Council to permit handicapped persons that are entering, she talked with Mr. Dingman about various small proposals that might improve access to City Hall immediately since the big proposal on hand is not planned for this year and possibly could not be funded next year. Alderman Nichols read the following memorandum from City Engineer Cox: "May 6, 1980 I mould like to inform you and your committee of what the findings of our -17- May 7, 1980 investigations regarding City Hall accessibility have turned up. Any short -term expedient such as a removable ramp would still require an attendant. A ramp in the front entrance of City Hall, for example, in order to be gradual enough in slope so as to be unattended, would extend out from the top of the stairs 35 feet. This would put it out into Green Street. As a short -term solution, I would suggest an attendant call system might be more practical. Inside the front doors a bell could be installed, which during the day could summon someone from the Clerk's office, or at night, one of the custodians. There are only a very few permanent solutions to the problem of handi- capped accessibility. A lifting device inside the front entrance to City Hall is a solution. There are basically two types of devices. One is a seat mounted on an inclined plane which is power- operated and runs along one edge of the stairs. It lifts the user from the lower level to the top of the five steps. The biggest drawback is that it would require an attendant. The wheelchair user would have to get from the wheelchair into the seat, use the lifting (or lowering) device, and get back into the wheelchair. Someone would have to move the wheelchair up or down the stairs. Such an installation would cost approximately $2,500. ;I Another such device, but more sophisticated, is a wheelchair lift. This involves a small platform which carries a wheelchair up along the edge of the stairs. Such a device could be used in City Hall, but with difficulty. In order to use the types we have looked at, the front doors would have to be changed. Either both sets of front doors would have to be moved out closer to the street, or the inside set would have to be removed. The latter would not be effective from an energy conservation standpoint. We have a cost estimate of $8,600 for the lift and we estimate that recon- struction of the entry would cost on the order of $3,400, bringing the total to about $12,000. Associated with both of the lift devices would be a fairly high mainten- ance cost. One need only look at the high cost of our elevator mainten- ance contract to get an appreciation for this. Maintenance costs for these would not approach the elevator costs of course, but such mechanical equipment is subject to wear and tear and high up -keep costs. In a memorandum, dated February 19, 1980, to the Mayor, I outlined the scheme that seemed most appropriate for the long -term. It would include a covered ramp along the east side of the building and a new exterior entrance in the City Clerk's office (Room 103). The ramp would start about halfway back along the building and rise toward Green Street to the new entryway. Some interior spaces would have to be given up to provide for a new corridor to the existing corridor. Installing such a ramp would disrupt the present parking arrangement, since it would preclude further use of the driveway next to the building. Thus, it would be necessary to rearrange the City Mall parking lot so that parked cars would face the building. This orientation would be the same we had proposed for rebuilding the City Hall lot a few years ago. We are proposing that if this access ramp is built, the remainder of the parking lot be reconstructed, because at a minimum, new sidewalks and curbing along the building side of the lot would be necessary. We estimate that to build the covered ramp and to rebuild the parking lot would cost approximately $55,000. However, to rebuild only the bare minimum portion of the lot and the covered ramp would cost an estimated $42,000. In either case, approximately $14,000 of the cost is attributed to the see - through protective covering over the ramp. Elimination of the covering would increase the maintenance of the ramp, but could reduce the capital cost by about $14,000. We have prepared a preliminary plan of this proposed scheme and would be happy to go over it with you or your committee. Attached is a summary of the alternatives for providing City Hall access for the handicapped as I have described them. We would propose that the covered ramp be constructed while at the same time rebuilding the long - awaited for City Hall parking lot. -18- ACCESS FOR THE HANDICAPPED CITY HALL - ITHACA, N.Y. Means of Providing Access to First Floor Stairway lift (movable seat on an inclined rail) Wheelchair lift Covered Ramp with rebuilt parking lot Covered Ramp with minimum parking lot rebuilt Open ramp with parking lot rebuilt Estimated Cost $ 2,500 $ 12,000 $ 55,000 $ 42,000 $ 41,000 May 7, 1980 Remarks Attendant required. High maintenance. Front entrance woui have to be rebuilt. High maintenance. A complete project with lowest long -term maintenance. Still have a half - completed lot. Higher ramp maintenance. Open ramp with minimum $ 28,000 Higher ramp maintenance. parking lot rebuilt Still have a half - completed lot. Resolution By Alderman Dennis: Seconded by Alderman Holman RESOLVED, the matter of handicapped access be referred to the Planning and Development and Budget and Administration Committees. Carried Unanimously Alderman Saccucci left the meeting at 11:08 p.m. Radio Towers Alderman Nichols reported that the Planning and Development Board have requested that staff prepare a draft amendment to the zoning ordinance which requires a special permit for the construction of a radio tower. Mrs. Nichols said she has asked Jonathan Meigs to draft such an amend- ment for consideration at the next meeting of the Planning and Development Board Tuesday, May 27, 1980. CHARTER AND ORDINANCE COMMITTEE: Zoning changes proposed for 400 Block North Tioga Street Area Alderman Slattery read the following memorandum from the Planning and Development Director to Mayor Bordoni, E. Nichols and the Common Council: "PROPOSED COURT STREET B -1 ZONING CHANGE May 7, 1980 With regard to the area proposed for rezoning from R2b /R3a to B -1 bounded by Aurora, Sears and Court Streets, and Cascadilla Avenue, it is the recommendation of Planning and Development that action be deferred for tbr� following reasons: 1. N.Y.S. SEQRA and City of Ithaca Environmental Review Ordinance requi that an Environmental Assessment on the proposed action will be prepared. 2. There are presently three major office developments pending in the CBD: a. Ithaca Center - will provide approximately 25,000 sq. ft. of new office space. b. Former YMCA site, Corner of Buffalo and. Tioga Streets - 23,000 sq. ft. of new office space. -19- May 7, 1980 C. 312 -314 North Aurora Street - approximately 13,190 sq. ft. of new office space. With the final completion of these projects, approximately 61,190 sq. ft. of prime office space in a central location will be come available for rent, in the rental range of $8.00 to $12.00 per sq. foot (net). 3. American City Corporation, Economic Research Consultants to the City for Ithaca Center is currently conducting market studies to provide information on potential tenant occupancy for the office sector of the Ithaca Center project. The results of the B -1 study now underway will be used in conjunction with American City to provide a current assessment of the need for downtown office space. Not only will their study determine present and future demand for professional office space, but will be useful in determining the impact of the proposed zoning change upon the above pending office complexes. There is currently a tight housing market and concomitant low vacancy rate (3.3% in 1978; 0.8% for owner occupied housing and 4.6% for renter occupied units). This rate has declined since then and may in fact range from 1/2% to 20 (source EOC). The area up for rezoning consists of 27 properties; the estimated number of residential units totaling somewhere i in the vicinity of 50 units. Converting residential units to office space !. in this area would put more pressure on the housing market. There remains an overwhelming need to compile accurate and current data on those factors which might influence both this neighborhood and Ithaca Center. Given the potential economic impact of the proposed zoning change and other considerations, I will present to Common Council an analysis of the potential effects of the action, with particular respect of #2 above and staff recommendations in the near future. In the interim, I strongly recommend that a decision on the proposed action be deferred. cc: Martin Shapiro" Resolution By Al eerman Slattery: Seconded by Alderman Boothroyd WHEREAS, this Common Council will consider amending the Zoning Ordinance and map in areas north of Court Street from R3 to Bl, and WHEREAS, an Environmental Assessment is the first step in the environ- mental review process; NOW, THEREFORE, BE IT RESOLVED, That this Common Council hereby directs the Department of Planning and Development to conduct or cause to be conducted an environmental assessment of areas as described: 1. ALL THAT TRACT OR PARCEL OF LAND bounded on the south by the center line of Court Street; on the west by the center line of Sears Street; on the north by Cascadilla Creek; and on the east by the center line of North Aurora Street. 2. ALL THAT TRACT OR PARCEL OF LAND bounded on the south by the center line of Court Street; on the west by the rear property line on the east side of Sears Street; on the north by Cascadilla Creek; and on (4woe the east by the rear property line on the west side of North Aurora Street; and BE I1' FURTHER RESOLVED, That the aforementioned environmental assessment report shall be made available to the Charter and Ordinance Committee and Planning and Development Committee of this Common Council, and to the Board of Planning and Development and the Environmental Commission no later than June 20, 1980. Carried Unanimously -20- Amendment to the Dog Control Ordinance By Alderman Slattery: Seconded by Alderman Boothroyd May 7, 1980 ORDINANCE NO. 80 -6 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, N.Y, as follows: Section 1. That Chapter 54 entitled "Animals" of the City of Ithaca Municipal Code is amended as follows: 1. That Section 254.32 entitled "Prohibited Acts" is hereby amended to read as follows: 254.32 Prohibited Acts Any owner of a dog or any other person who harbors any dog in the City of Ithaca shall be in violation of this law if such dog: 1. is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog. 2. engages in habitual loud howling or barking or conducts itself in such manner as to habitually annoy any person other than the person owning or harboring such dog. 3. causes damage or destruction to public or private property, or defecates, urinates, or otherwise commits a nuisance on public or private property and /or other than on the premise of the person owning or harboring such dog. 4. chases or otherwise harasses any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury, when not on the property of the person owning or harboring such dog. S. chases, leaps on, or otherwise harasses (1) any bicycle, motorcycle, automobile or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or (2) any cat, dog, or domestic animal. 6. is unlicensed when six months of age or older. 7. is not wearing a current and valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash. 8. is not redeemed within five days after the owner has been notified either personally or by mail that said dog has been seized and impounded pursuant to Section 3 of this law. L/ Section 2. This Ordinance shall take effect immediately and in accordar with law upon publication of a notice as provided in Sectio 3.11 (B) of the Ithaca City Charter. Carried Unanimously Amendment to Open Alcoholic Beverage Container Prohibition By Alderman Slattery: Seconded by Alderman Boronkay ORDINANCE NO. 80 -7 AN ORDINANCE ATTENDING 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, as follows: -21- May 7, 1980 13 Section 1. That Chapter 65.34 entitled "Open Alcoholic Beverage Container Prohibition" is hereby amended as follows: That subdivision B shall read: "This section shall not apply to or within the boundaries of Cass Park or Stewart Park, which areas shall be regula- ted by the Board of Public Works) nor shall such prohibition (anw' apply to or within the boundaries o'f __ Treman Marina." Section 2. This Ordinance shall take effect immediately and in accordance with law upon publication of a notice as pro- vided in Section 311.B of the Ithaca City Charter. Carried Unanimously Gaming Ordinance Alderman Slattery reported that the Gaming Ordinance has been redrafted from the sample ordinance and will be given consideration in the future. Model Go -cart and Motor Vehicle Ordinance Alderman Slattery reported that the model go -cart and motor vehicle ordinance had been given to City Attorney Shapiro who returned a revised copy to the committee which it will give consideration to. HUMAN SERVICES COMMITTEE: Transportation for the Disabled Alderman Schuler reporte that the committee has been working on transportation service for the disabled in the community. UNFINISHED AND MISCELLANEOUS BUSINESS: Courtesy Tickets Alderman Banfield commented that the issue of courtesy tickets should (Wovbe reopened. Resolution By Alderman Dennis: Seconded by Alderman Gutenberger RESOLVED, That the issue of courtesy tickets be referred to the Planning and Development Committee for study and report back to the Council at the June meeting. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:40 p.m. (4000, /'_Jo eph A. Rundle, City Clerk R�Ymond Bordoni, Mayor