HomeMy WebLinkAboutMN-CC-1980-07-097
Regular Meeting
PRESENT:
Mayor - Bordoni
Aldermen (10) -
COMMON COUNCIL PROCEEDINGS
CITY OF ITIIACA, NEW YORK
7:30 11. M.
July 9, 1980
Banfield, Boothroyd, Boronkay, Dennis, Gutenberger,
Holman, Nichols, Saccucci, Schuler, Slattery
OTHERS PRESENT:
Asst. Controller - Spano
Asst. to the Superintendent - Dougherty
(6ow, Fire Chief - Tuckerman
Dep. Fire Chief - Reeves
Personnel Administrator - Collins
Police Chief - Herson
Lieutenant, Fire Dept. - Olmstead
Planning & Development Director - Van Cort
PLEDGE OF ALLEGIANCE:
Mayor Bordoni led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
By-- Alderman Boronkay: Seconded by Alderman Slattery
RESOLVED, That the Minutes of the May 27, May 28, June 4, June 16
and June 26 meetings be approved, with the following correction to
the June 4, 1980 minutes:
Page 13, para. 2, should read: "Alderman Holman explained to
Alderman Saccucci that, lacking an active South Hill civic
organization, the petitions were distributed city - wide,...."
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Executive Session—Meeting with Labor Negotiator
Mayor Bordoni and the Council held an Executive session from 7:42 p.m.
until 8:34 p.m., at which time they reconvened in Regular session.
ADDITIONS TO THE AGENDA:
Budget and Administration Committee
Alderman Gutenberger requested that Item I, City Contribution to
Gadabout, be deleted from the agenda.
Alderman Gutenberger further requested the following items be added
to the agenda:
D. One additional Assessment Roll Correction
J. Rehabilitation of Nest End R.I:. Crossings - Capital Project- -
Resolution; also a resolution concerning Preemptive signals
K. Assistant Fire Chief position
L. East Mill School Appraisal -- Report
M. Purchasing Department -- Creation of Purchasing Agent position
N. Acquisition of Agoha Property - -109 Cleveland Avenue
No Council member objected.
Mayor Bordoni
Purchase of Property on Floral Avenue
Mayor Bordoni asked that. the item concerning the offer of sale to the
city of a piece of property on Floral Avenue he added to the agenda.
Resolution
By Alderman Dennis: Seconded to Alderman Slattery
RESOLVED, That the item concerning the offer of sale to the city of
a piece of property on Floral Avenue be referred to the Budget and
Administration Committee for review.
Carried Unanimously
},....-
`- -2- July 9, 1980
COMMUNICATIONS:
Letters from the Chamber of Commerce
By Alderman Slattery: Seconded by Alderman Dennis
RESOLVED, the reading of two communications from the Tompkins County
Chamber of Commerce be waived inasmuch as copies of same had been
distributed to each alderman.
Carried Unanimously
Letter from Tompkins County Chamber of Commerce to Mrs. Elva W. Holman
City Clerk Rundle react the following communication:
"July 1, 1980
Mrs. Elva W. Holman
Dear Elva:
I am enclosing a copy of the current Tompkins County Chamber of
Commerce Travel Guide which I believe you will have received prior
to this letter. If not, however, I hope you will review the guide
and let me know if additional copies are needed for Common Council
of the city. We have forwarded a supply of these brochures to the
Mayor's Office.
Please thank the members of Common Council for their support which
has indeed made this guide possible.
Sincerely,
Ralph L. Jordan
Executive Director"
Letter from Advocates for the Handicapped, Inc.
City Clerk Rundle read the following communication:
:July 7, _ 1980
The Editor, Ithaca Journal
Dear Sir:
This letter is addressed to the many people who are involved in
designing and building the curb cuts in Ithaca.
Some of the first few curb cuts were not very good and we said so.
The city and the contractors did not respond with frustration and
anger; rather they proceeded to build world class curb cuts. These
cuts are highly functional and quite attractive and an improvement
over the majority of cuts that we have seen in other places. We
look forward to the clay when all curbs have cuts like the ones built
this spring in Ithaca.
On behalf of the wheelchair, crutch and walker users, those with heat
and respiratory problems, the pullers of carts and the pushers of baby
carriages, the lame, the pregnant and the just plain tired, we want to
express our appreciation for what is being clone on the corners of the
streets in this city.
With great sincerity,
Steven Fellows, Chair, The Committee on
of Advocates for the Hai
Copies sent ors of Public Works
Common Council
Engineering
14ayor Bordoni
Mayor Bordoni expressed appreciation to
for the job they had done in responding
capped.
Accessibility
Zdicapped
Planning
Ampersand
Giordano
Szabo"
the Board of Public Works
to the needs of the handi-
R
-3- July 9, 19801''
MAYOR'S APPOINTMENTS:
Community Advisory Committee (Community Development Advisory Council)
Mayor Bordoni requested approval of the Council for appointment of
James Loveall, 302 Lake Avenue, and Mrs. Jean Angell, 203 Ithaca Road,
to the Community Advisory Committee.
Resolution
By Alderman Slattery: Seconded by Alderman Boothroyd
RESOLVED, That the Council approves the appointment of James Loveall,
302 Lake Avenue, and Mrs. Jean Angell, 203 Ithaca Road, to the
Community Advisory Committee.
Carried Unanimously
New York State Conference of Mayors
At Alderman Saccucci's request, Mayor Bordoni reported on the Mayors,
Conference at Grossingers which he attended with Aldermen Slattery
and Boothroyd.
CITY CLERK'S REPORT:
Designation of Polling Locations for the Balance of 1980
By Alderman Nichols: Seconded by Alderman Slattery
! 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
for the balance of the year 1980:
PRIMARY ELECTION DAY: Tuesday, September 9, 1980 12:00 p.m. to 9:00 p.m.
A vote on the resolution resulted as follows:
Carried Unanimously
REGISTRATION DAYS:
Thursday, October
9, 1980 2:00
p.m. to 7:00 p.m.
Saturday, October
11, 1980 2:00
p.m. to 9:00 p.m.
GENERAL ELECTION DAY:
Tuesday, November
4, 1980 6:00
a.m. to 9:00 p.m.
(400""
FIRST WARD
1st
District
Chestnut Street
Nest Hill School
2nd
District
800
S. Plain Stree
Titus Towers Housing
3rd
Distract
626
IV. State Street
#6 Fire Station
4th
District
300
IV. Court Street
G.I.A.C. Building
SECOND WARD
1st
District
300
IV. 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
District
Aurora
e, Buffalo Sts.First Unitarian Church
_2nd
3rd
District
309
College Avenue
#9 Fire Station
FIF11I WARD
1st
District
1012
N. Tioga Street
#7 Fire Station
2nd
District
Corner
King & Aurora
Fall Creek School
Streets
3rd
D-i- strict
309
Highlwid Road
First
Joseph A. Rundle, City Clerk
July 9, 1980
Discussion followed
on the
floor.
A vote on the resolution resulted as follows:
Carried Unanimously
8`1 -4- July 9, 1980
PLANNING AND DEVELOPMENT COMMITTEE
Handicapped Access to City Hall
Alderman Nichols reported that the committee had met with representa-
tives of the Advocates for the Handicapped, Inc. and were greatly
interested in their comments on the proposal to rehabilitate City Hall
for handicapped accessibility. Their feeling was that it is not
necessary to have an elaborate plan, and they made an alternate proposal
which is being checked out by City Engineer Cox. Alderman Nichols
announced that the committee will meet again with the Advocates for the
Handicapped on July 16, 1980, at Central Fire.Station, at 8:00 p.m.
Courtesy Parking Tickets
By Alderman Nichols: Seconded by Alderman Banfi.eld
WHEREAS, the Board of Public Works has acted to rescind the practice of
issuing courtesy tickets granting an extra thirty minutes of free
parking at meters, and
WHEREAS, the chief administrators of the Ithaca Police Department have
recommended the discontinuance of courtesy tickets, and
WHEREAS, the Collegetown Enhancement Association voted unanimously to
urge the discontinuance of courtesy tickets and the installation of
one -hour meters to improve access to curbside parking, and
WHEREAS, representatives of the Downtown Ithaca Business Association
agreed that courtesy tickets are not serving to encourage more turn-
over at parking meters;
NOw, THEREFORE, BE IT RESO'L'VED, That the Common Council does hereby
abolish the practice of issuing courtesy tickets at meters upon which
the paid time has expired, and
BE IT FURTHER RESOLVED, That this resolution shall take effect
immediately and in accordance with law upon publication of a notice as
provided in Section 3.11(B) of the Ithaca City Charter.
Carried Unanimously
East Hill School
Alderman Nichols reported that the committee set up for such procedures
would meet the following day, July 10, 1980, at 10.30 a.m. in the
Mayor's Conference Room, to look at proposals received for development
of East Hill School.
Site Selection for Assisted Housing
AC erman Nic ols reported t amt the Ithaca Housing Authority will be
getting some Assisted Housing and the proposal will be sent to the
Director of Ithaca Housing Authority. There will be joint conferences
with the Planning Board.
Proposal concerning railroad crossings in West End of Ithaca
Alderman NlCols referred to a memo from City Engineer Cox, which was
attached to the agenda, and said there would be a resolution on the
subject.
Discussion followed on the floor,
Taughannock Boulevard, suggested that City Engineer
Cox work out a plaj, d
' -Qtv preemptive signals could be tie in by
radio with the emergency dispatcher at the fire station, and the plan
be presented to state officials.
BUDGET AND ADMINISTRATION COMMITTEE:
Rehabilitation oT West End Railroad Crossings -- Capital Project
By Alderman Gutenberger: Seconde by Alterman Slattery
RESOLVED, That this Common Council hereby creates a Capital Project to
be known as "Rehabilitation of West End R.R. Crossings," in the amount
of $65,000, as requested by the Board of Public Works, and
BE IT FURTIIER RESOLVED, That the 1980 General Fund Budget be amended
as follows:
Increase A3510 State Aid - Highway Safety $65,000
Increase A9550 -7 Transfer to Capital Fund $65,000
Carried Unanimously
-5-
July 9, 1980;j
Rehabilitation of Nest End Railroad Crossings -- Preemptive Signal
By Alderman Gutenberger: Seconded by Alderman Holman
WHEREAS, the safety of the railroad crossings in the west end of the
City of Ithaca will be greatly improved by the installation of an
emergency preemptive traffic signal system, and
WHEREAS, such preemptive signals will be of use even upon completion
of the new Route 96;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City
of Ithaca urges that the New York State Department of Transportation
(600", include an emergency preemptive traffic signal system in the capital
improvement program for the rehabilitation of the west end railroad
crossings, and
BE IT FURTHER RESOLVED, That upon passage of this resolution by the
Common Council of the City of Ithaca, a certified copy of the resolu-
tion be forwarded to the appropriate officials at New York State
Department of Transportation.
Discussion followed on the floor.
1 The Council agreed that the two resolutions should be consolidated
and transmitted to the NYSDoT as a single resolution:
"WHEREAS, the safety of the railroad crossings in the west end of the
' City of Ithaca will be greatly improved by the installation of an
emergency preemptive traffic signal system, and
WIIEREAS, such preemptive signals will be of use even upon completion
of the new Route 96;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of
Ithaca urges that the New York State Department of Transportation in-
clude an emergency preemptive traffic signal system in the capital
` improvement program for the rehabilitation of the west end railroad
crossings, and
BE IT FURTHER RESOLVED, That this Common Council hereby creates a
Capital Project to be known as "Rehabilitation of West End R.R. Cros-
sings," in the amount of $65,000, as requested by the Board of Public
Works, and
BE IT FURTHER RESOLVED, That the 1980 General Fund Budget be amended
as follows:
Increase A3510 State Aid Highway Safety $651,000
Increase A9550 -7 Transfer to Capital Fund $65,000
BE IT FURTHER RESOLVED, That upon passage of this resolution by the
Common Council of the City of Ithaca, a certified copy of the resolu-
tion be forwarded to the appropriate officials at New York State
Department of Transportation."
Carried Unanimously
Fire Chief _Salary
By Alderman Gutenberger: Seconded by Alder; ,
RESOLVED, That the salary of the Fire Chief be $2S,487' as recommended
by the lire Commissioners, said salary hei.ng Step 4 of the Compensa-
tion for those employees not covered by a Union Contract, and
BE IT FURTHEI: I:IiSOLVI:D, That this action becomes effective July 7, 1980.
Carried Unanimously
Hiring of Temporary Personnel
By Alderman Gutenberger:^ Seconded by Alder
RESOLVED, That the Personnel Administrator,
by a department heed, and with the approval
authorized to Hire part -time temporary help
man Saccucci
upon receiving a request.
of the Mayor, is hereby
under the following criteria:
86 -6- July 9, 1980
1. There must be compliance with Civil Service Rules and
Regulations.
2. It is not in violation of Union Contracts.
3. Money is available in the Department's budget and the
department head attests to this,
4. Temporary help is acquired from a professional employment
agency when considered appropriate or through Civil Service
applicants and /or eligible listings.
S. Assistance is during a bonafide emergency (illness, extended
vacancy, etc.).
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Agreement with Tompkins County E.O.C.
By Alderman Gutenberger: Seconded by
RESOLVED, That the Mayor and City Cle
directed to execute an Agreement with
tunity Corporation for $3,275 to help
Alderman Holman
lman
rk are hereby authorized and
Tompkins County Economic Oppor-
fund the G.I.A.C. Summer Program.
Carried Unanimously
Assessment Roll Corrections
By Alderman Gutenberger: Seconded by Alderman Dennis
IVHEREAS, the 1980 Tax Roll for the City of Ithaca included the property
known and numbered as 1203 North Cayuga Street, Ithaca, New York, owned
by Eugene Carach, and
WHEREAS, pursuant to Section 554 (Sub. 4A) of the Real Property Tax Law,
the Director of Assessments has 1n'veStlgated ar, appl_LcatiOn. _L I th
correction of an error in essential fact filed by Eugene Carach, and
WHEREAS, said investi ation revealed that the Assessor intended the
assessed value to be 24,000 rather than $27,000, and
IVHEREAS, the Director of Assessments recommends that the assessed valt
of 1203 North Cayuga Street be changed from $27,000 to $24,000; _j
NOW, THEREFORE, BE IT RESOLVED, That the 1980 Tax Roll for the City of
Ithaca be amended to reduce the assessment of Tax Map Number 13 -3 -20,
1203 North Cayuga Street, from $27,000 to $24,000, and
BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and
directed to make the appropriate changes in the Tax Roll and to prepare
a new tax bill for said property or make an appropriate refund if the
1980 City Taxes have been paid.
Carried Unanimously
By Alderman Gutenberger: Seconded by Alderman Slattery
WHEREAS, the 1980 Tax Roll for the City of Ithaca included the property
known and numbered as 802 North Tioga Street, Ithaca, New York, owned
by Laura B. Wilkinson, and
WHEREAS, pursuant to Section 554 (Sub. 4A) of the Real Property Tax Law,
the Director of Assessments has investigated an application for the
an error in essential fact filed by Laura B. IVilkinson, and
WHEREAS, said investigate •.: revealed that there was an error in trans-
cription and the assessed value should be $36,000 rather than $37,600
WHEREAS,, the Director of Assessments recommends that the assed value o
802 North Tioga Street be changed from $37,600 to $36,000;
NOW, THEREFORE, BE IT RESOLVED, That the 1980 Tax Roll for the City of
Ithaca be amended to reduce the assessment of Tax Map Number 27 -4 -9,
802 North Tioga Street, from $37,600 to $36,000, and
BE IT FURTHER RESOLVED, That the City Chamberlain be authorized.and
directed to make the appropriate changes in the Tax Roll and to prepare
a new Tax Brill for said property or make an appropriate refund if the
1980 City Taxes have been paid.
Carried Unanimously
- 7-
July 9, 1980 1)
By Alderman Gutenberger: Seconded by Alderman Saccucci
WHEREAS, the 1980 Tax Roll for the City of Ithaca included the property
known and numbered as 208 East Tompkins Street, Ithaca, New York, owned
by Laura B. Wilkinson, and
WIIIREAS, pursuant to Section SS4 (Sub. 4A) of the Real Property Tax Law,
the Director of Assessments has investigated an application for the
correction of an error in essential fact filed by Laura B. Wilkinson, and
WHEREAS, said investigation revealed that there was an error in trans-
cription and the assessed value should be $13,800 rather than $36,000,
and
WHEREAS, the Director of Assessments recommends that the assessed value
of 208 East Tompkins Street be changed from $36,000 to $13,800;
NOW, THEREFORE, BE IT RESOLVED, That the 1980 Tax Roll for the City of
Ithaca be amended to reduce the assessment of Tax Map Number 27 -4-10,
208 East Tompkins Street, from $36,000 to $13,800, and
BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and
�> directed to make the appropriate changes in the Tax Roll and to prepare
a new Tax Bill for said property or make an appropriate refund if the
1980 City Taxes have been paid.
Carried Unanimously
By Alderman Gutenberger; Seconded by Alderman Boothroyd
KHEREAS, the 1978 Tax Roll for the City of Ithaca included the property
known and numbered 704 Cascadilla Street, Ithaca, New York, owned by
Harold Wallace and Marvin J. Friedman, and
WHEREAS, a notice of protest was filed on March 21, 1978, pursuant to
Article 7 of the Real Property Tax Law, in which it was claimed that
the aforesaid property was over- assessed, and
WHEREAS, on January 2, 1980, at a pre -trial conference before the
Honorable Paul J. Yesawich, a Justice of the Supreme Court, a mutual
agreement of settlement was reached,
NOW, THEREFORE, BE IT RESOLVED, That the 1978 Tax Roll for the City of
Ithaca be amended to reduce the assessment of Tax Map 43- 2 -1.2, 704
Cascadilla Street, from $263,000 to $203,000, and
BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and
directed to make the appropriate changes in the Tax Roll and to prepare
a new tax bill for said property or make an appropriate refund if the
1978 City "faxes have been paid.
Carried Unanimously
Doi, Licenses
- Yrd- c--inan Gutcnhcrge.r Seconded by Alderman Slattery
RESOLVED, That the dog license rates established by this Common Council
on September 26, 1979, be and hereby remain the same for the year 1981,
and
BE IT FURTIIF.R RESOLVED, That the Department of Agri c and Markets
be notified as requested by their communication - faced May 28, 1980, to
the City Clerk.
Carried Unanimously
Sewage Treatment Plant Capital Project_ Increase Authorization
By Al erman Gutenberger: — SeconcT�d by Al- -derma --n --Saccucci
WHEREAS, on March 2, 1977, a capital project was approved for the
purpose of developing a Wastewater Facility Plan, in the amount of
$384,778, and
IVIIEREAS, on June 1, 1977, this Common Council determined that the
planning of: certain works required for the treatment of sewage,
generally described as Step 1 Wasto ater Facilities Planning Studies
Covering the City of Ithaca and Portions of the Towns of Ithaca and
88 -8- July 9, 1980
Dryden and identified as Project
the public interest, and to that
liminary to the planning of said
the filing of an application for
Sewage Treatment Works under the
Amendments of 1972, and
No. C361095 -01, is desirable and in
end it is necessary that action pre -
project be taken immediately, authorized
a Federal Grant for the Planning of
Federal Water Pollution Control Act
WHEREAS, the Federal Grant has been awarded to the City of Ithaca for
the Wastewater Facilities Planning Studies;
NOW, THEREFORE, BE IT RESOLVED, That Capital Project No. 93 Sewage
Treatment Plant Authorization be increased from $384,778 to $1,532,460`:
and
BE IT FURTHER RESOLVED, That the City's share of the increased authori-
zation, amounting to $142,710 be financed by amending the 1980 Sewer
Fund budget as follows:
Increase G9550 -7 Transfer to Capital Fund $142,710
Decrease G909 Fund Balance $142,710
Carried Unanimously
Water and Sewer Fund Authorized - Equipment List
By Alderman Gutenberger: Seconded by Alderman Slattery
RESOLVED, That the 1980 Authorized Equipment List for the Water and
Sewer Fund be amended to include the purchase of a refrigerator unit
at a cost of $250 for the Water Treatment Plant, and the purchase of
air conditioner at a cost of $400 for the Sewage Treatment Plant, as
requested by the Board of Public Works. No additional appropriation
required.
Carried Unanimously
Audit
By Alderman Gutenberger: Seconded by Alderman Slattery
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $421,841.24, as
listed on Audit Abstract #12 /1980, be approved for payment.
Carried Unanimously
an
is
Assistant Fire Chief Position
By Al erman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the Fourth Assistant Fire Chief's position now on the
Roster of the Fire Department be funded for the remainder of the year,
and
BE IT FURTHER RESOLVED, That the City Controller be authorized to make
an appropriate transfer of funds as required.
Carried Unanimously
East Hill School Appraisal
nlderman Gutenberger reported that
City Attorney, Planning Department
School District.
this item had been referred to the
and Mayor for negotiation with the
-►.ng Department
By nlu�- Gutenberger: Seconded by Alderman Saccucci:
WHEREAS, th _ +uici l declares a need for a Purchasing Depart-
ment, and
WHEREAS, it is necessary to create an executive position to staff said
Purchasing Department;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council creates the
position of Purchasing Agent, with a salary range of $17,575 to $25,013,
as shown on the 1980 Compensation Plan for those employees not covered
by Union Contracts, and
BE IT FURTHER RESOLVED, That the Personnel Administrator be authorized
to advertise for this position.
Di.scuss-ion followed on the floor.
-9- July 9, 19W)")
A vote on the resolution resulted as follows:
Ayes (9) - Boothroyd, Boronkay, Dennis, Gutenberger, Holman,
Nichols, Saccucci, Schuler, Slattery
Nay (1) - Banfield
Carried
Agoha Property - 109 Cleveland Avenue
By Alderman Gutenberger: Seconded by Alderman Holman
WHEREAS, the I.U.R.A. /C.D.A. has requested the City to acquire a tax
delinquent property located at 109 Cleveland Avenue, and
WHEREAS, the City can take possession of that property since no interest
was demonstrated at the most recent Tax Sale, and
WHEREAS, the INHS has been concerned that the building is a key
neighborhood eyesore and is an appropriate building for the House
Recycling Program, and
WHEREAS, rehabilitation of the property and sale to a family will
enhance the value to the City, neighborhood and the new homeowners;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council adopts the
I.U.R.A. /C.D.A. Resolution requesting that the City acquire the
property at 109 Cleveland Avenue, turn it over to the I.U.R.A., who
will turn the property over to the INHS for rehabilitation and sale, and
BE IT FURTHER RESOLVED, That the !NHS shall reimburse the City for all
back taxes and penalties due on the property, plus outstanding water
and sewer bills, from its House Recycling Fund.
Carried Unanimously
CIIARTER AND ORDINANCE COW1I`I'TEE :
Gaines of Chance Ordinance -- Amended to 1:00 A.M.
By Alderman Slattery: Seconded by Alderman Saccucci
ORDINANCE NO. 80 -9
ORDINANCE QUTHORIZING CONDUCT OF GAMES OF CHANCE BY CERTAIN ORGANIZATIONS
WITHIN THE CITY OF ITHACA AND SUBJECT TO THE APPROVAL OF THE ELECTORS OF
THE CITY OF ITHACA AT A GENERAL OR SPECIAL ELECTION PURSUANT TO PRO-
VISIONS OF ARTICLE 9 (A) OF THE GENERAL MUNICIPAL LAW
WHEREAS, the New York State Legislature has.'declared in adopting Article
9 (A) of the General Municipal Law entitled, "Local Option for Conduct
of Games of Chance by Certain Organizations" that the raising of �•,«_.�
for the promotion of bona fide charitable, educational, scientific,
health, religious and patriotic causes and undertakings where the bene-
ficiaries are undetermined, is in the public interest; and
WHE- RL'•AS, the State of New York Legislature has declared it to be the
policy of the Legislature that all phases of the supervision, licensip-
and regulations of games of chance and of the conduct of ga ^;e..
should be closely controlled and the laws and regulating- - i'Laining
thereto should be strictly construed for the purpoc: discouraging
commercialism in such games and to insure a mom:. —, availability of the
net proceeds of games of chance exclusive-; for the application to worthy
causes; and
W11FIWAS, this Common Counci 1 deems it in the best interest of the resi-
dents of this community that said games of chance should be permitted in
the City of Ithaca as authorized by Article 9 (A) of the General
Municipal Law;
NOW, THEREFORI'., BE IT ORDAINED, That th i.s Common Council declares that
it shall be lalaful for any authorized organization as defined by Article
9 (A) of the Ccneral Municipal Laiv, upon obtaining a license as required
therein, to conduct games of chance within the City of Ithaca subject to
local laws or ordinances hereinafter adopted by the Common Council as
91) -10- July 9, 1980
permitted by law, the provisions of said Article 9 (A) , and the 1)1•o-
visions set forth by the New York State Racing and Wagering Board; and
BE IT FURTHER
it shall have
voting on the
Article 9 (A)
City of Ithaca
Ithaca.
5 14.1 Title
ORDAINED, That this ordinance shall not take effect until
been approved by the majority of the qualified electors
proposition as to whether games of chance, as defined by
of the General Municipal Law, shall be permitted in the
at a general or special election held within the City of
Chapter 14
GAMES OF CHANCE
This Chapter shall be known as the "Games of Chance Law of the
City of Ithaca, New York."
5 14.2 Definitions
A. Specific terms.
As used in this Chapter, the following terms shall have the
following meaning:
0
1. "Authorized organization" shall mean and include any bona
fide religious or charitable organization or bona fide educa-
tional, fraternal or service organization or bona fide organiza-
tion of veterans or volunteer firemen, which by its charter,
certificate of incorporation, constitution, or act of the
legislature, shall have among its dominant purposes one or more
of the lawful purposes as defined in Article 9 -A of the General
Municipal Law, provided that each shall operate without profit
to its members, and provided that each such organization has
engaged in serving one or more of the lawful purposes as define,
in Article 9 -A of the General Municipal Law for a period of thrc
(3) years immediately prior to applying for a license under this
Chapter and Article 9 -A of the General Municipal Law.
2. "Board" shall mean New York State Racing and Wagering Board.
3. "Gaines of chance" shall mean and include only the games known
as Merchandise wheels and such other as may be authorized by the
board, in which prizes are awarded on the basis of a designated
winning number or numbers, color or colors, symbol or symbols
determined by chance, but not including games commonly known as
"??ingo" or "Lotto" which are controlled under Article 14 -11 of
the General Municipal Law and also not including "slot machines,"
"bookmaking" and "policy or numbers games" and lottery as defined
in 5 225.00 of the Penal Law. No game of chance shall involve
wagering of money by one player against another player.
4. "City" shall. mean the City of Ithaca, New York.
B. ^r terms.
All other tee.-- in this Chapter shall have, fo- -ile purpose
of this Chapter, Lt,_� i ,!! Ln-ings respectively ascr. -_u to them by
5 186 of the General Municipal Law.
5 14.3 Games of chance authorized
Authorized organizations may, upon the obtainment of a license
from the City Clerk, conduct games of chance within the City of
Ithaca as provided in Article 9 -A of the General Municipal Law
and as provided further in this Chapter. Such games of chance
shall be conducted in accordance with the general State Law and
with the rules and regulations of the New York State Racing and
Wagering Board and this Chapter.
- 11 -
July 9, 19800) 1
14.4 Restrictions upon conduct of games of chance
The conduct of games of chance authorized by this Chapter shall
be subject to the following restrictions:
1. No person, firm, association, corporation or organization,
other than a licensee under the provisions of this Chapter,
shall conduct such game or shall lease or otherwise made avail-
able for conducting games of chance a hall or other premises
for any consideration whatsoever, direct or indirect, except as
provided in S 190 of the General Municipal Law.
2. No game of chance shall be held, operated or conducted on
or within any leased premises if rental under such lease is to
be paid, wholly or partly, on the basis of a percentage of the
receipts or net profits derived from the operation of such game.
3. No authorized organization licensed under the provisions of
this Chapter shall purchase or receive any supplies or equipment
specifically designed or adapted for'use in the conduct of games
of chance from other than a supplier licensed by the Board or
from another authorized organization.
x 4. The entire net proceeds of any game of chance and of any
rental shall be exclusively devoted to the lawful purposes of
the organization permitted to conduct the same.
S. No single prize shall exceed the sum or value of One Hundred
Dollars ($100.00), except that for merchandise wheels, no single
prize shall exceed the sum of $250.00. No single wager shall
exceed Two Dollars ($2.00).
6. No authorized organization shall award series of prizes
consisting of merchandise with an aggregate value in excess of
One Thousand Dollars ($1,000.00) during the successive operations
of any one merchandise wheel.
7. No person except a bona fide member of any such organization,
its auxiliary or affiliated organization, shall participate in
the management or operation of such game, as set forth in 9 195 -c
of the General Municipal Law.
8. No person under the age of eighteen (18) years shall be
permitted to play any game of chance or conduct or assist in the
conducting of any game of chance conducted pursuant to this
Chapter.
9. No game of chance shall be conducted under any license issued
more often than turelve (12) times in any calendar year. Games
shall. be conducted only between the hours of noon and midnight on
Rionday, Tuesday, Wednesday and Thursday and only between the
Hours of noon on Friday and 1:00 A.M. Saturday and only between
the hours of noon on Saturday and 1 :00 A.M. Sunday. Games of
chance on Sunday may be conducted only between the
1:00 P.M. and midnight.
10. No games of chance shall be ec:.«uctcd on Ester Sunday,
Christmas Day or New Year's Eve.
11. No person shall. receive any remuneration for participation
(61� in the management or operation of any such game.
12. The tnlauthorized conduct of a game of chance shall constitute
<uld I)c punishable as a misdemeanor.
13. In addition to merchandise wheels no more than five other
single types of games of chance shall be conducted during any
one license period.
14. Except for merchandise wheels, no series of prizes on any
one occasion shall aggregate more than two hundred dol =lars when
r�
-12- July 9, 1980
the licensed authorized organization conducts five single types
of games of chance during any one license period. Except for
merchandise wheels, no series of prizes on any one occasion shall
aggregate more than two hundred fifty dollars when the licensed
authorized organization conducts less than five single types of
games of chance, exclusive of merchandise wheels, during any one
license period.
1S. Except for the limitations on the sum or value for single
prizes and series of prizes, no limit shall be imposed on the
sum or value of prizes awarded to any one participant during
any occasion or any license period.
16. No authorized organization shall extend credit to a person
to participate in playing a game of chance.
17. No game of chance shall be conducted on other than the
premises of an authorized organization or an authorized games
of chance lessor.
g 14.S Incorporation of Article 9 -A of the General Municipal Law
This Chapter shall be deemed to include all of the provisions
of Article 9 -A of the General Municipal Law except as otherwise
providled in this Chapter, and any amendment to the provisions in
such Article to the extent such provisions and amending acts are
otherwise applicable to games of chance authorized under this
Chapter.
S 14.10 Enforcement
The Police Department shall exercise control over and supervise
of all games of chance conducted under an appropriately issued
license. Such Department shall have all those powers and duties
set forth in Article 9 -A of the General Municipal Law.
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Banfield
Aye
Gutenberger
Aye
Boothroyd
Aye
Holman
Aye
Nichols
Aye
Boronkay
Aye
Schuler
Aye
Slattery
Aye
Dennis
Aye
Saccucci
Aye
Ayes (_10)
Carried Unanimously
Moratorium on Liquor Licenses
in Slattery: Seconded by Alderman Nichols
• _ -,1- the Common Council hereby requests the New York State
Alcoholic Be,,.- Control Board to withhold approval of any addi-
tional liquor lice,.-*_', ;-n th^ Central Business District of the City of
Ithaca until further notice.
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:
Holman
Aye
Boothroyd
Nay
Boronkay
Abstained
Gutenberger
Nay
Slattery
Aye
Saccucci
Aye
Banfield
Nay
Dennis
Nay
Nichols
Aye
Schuler
Aye
Ayes (S)
Nays (4)
Abstention (1)
Carried
�j
-13- July 9, 198d! ";
Environmental Assessment Report Re: Tioga /Aurora Street Rezoning
Alderman Slattery reported that the committee had met the previous
Monday evening to review the Report. The committee decided it would
be most appropriate to receive recommendation, both from the
Environmental Commission and the Planning Board. The Planning and
Development and Charter and Ordinance Committees will. meet on July 30,
1980 which will enable receipt of input from both bodies. Mr. Slattery
invited all aldermen to attend the meeting.
INTERGOVERNMENTAL RELATIONS COMMIT`T'EE
Sewer Planning Committee
Alderman Slattery reported that the committee is underway in serious
negotiations with the Town of Ithaca and Town of Dryden and are making
some progress. Hopefully they will resolve some of the major obstacles
which have been holding them back for quite some time. He said he will
keep the Council informed on the progress made.
CONSERVATION ADVISORY COUNCIL:
Bikeways
Alderman Holman reported that the Environmental Commission has circulated
Bikeivaysurvey forms and expects to appoint a special advisory committee
from the community to study the question of bikeways, what the next steps
should be.
HUMAN SERVICES COALITION:
Alderman Holman reported that the Coalition circulated a newsletter
outlining Human Service Agencies.
NEW BUSINESS:
Charter an Ordinance Committee
Alderman Slattery announced that the Charter and Ordinance Committee
meeting of July 14 has been cancelled. The committee will meet in a
joint meeting with the Planning and Development Committee on July 30,
1980, at 7:30 p.m.
Lic {uor License Moratorium
By Alderman Gutenberger: Seconded by Alderman Banfield
RESOLVED, That the Charter and Ordinance Committee be instructed to
issue a report at the first meeting of the Council in August of how far
the liquor license moratorium could affect leasing plans of the Center
Ithaca project, and report on the process to be used for gathering
information for a final determination on granting of additional liquor
licenses.
Alderman Slattery reminded the Council that the issue had been referred
to the Planning and Development Committee before coming to the Charter
and Ordinance Committee.
Alderman Nichols commented that the Planning and Development Board
had studied the problem and reported to Council that Council should
use its police power to limit the number of licenses in the Central
Business District because in no way could the zoning law be changed to
refer to an area of only a couple of blocks.
Amendment to Resolution
By Alderman Slattery: Seconded by Alderman Nic'-
RI:SOLVED, That the request moved by Aldermen Gutenberger and Banfield
be referred to Planning and Development Department instead of Charter
and Ordin<nce Committee.
Discussion followed on the floor.
A vote on the amendment to the resolution resulted as follolds:
Ayes (7) - Banfield, Boothroyd, Dennis, Gutenberger, Holman,
Nays (2) - Nichols, Schuler Boronkay, Saccucci
Abstention (1) - Slattery
Carried
A vote on the original_ resolution as attYt tided, �(3ici1?irn�y� tiro _matlter to
the Planning Department, resulted as follows:
9111 -14- July 9, 1980
Ayes (G) - Banfield, Boothroyd, Dennis, Gutenberger, Holman, Schuler
Nays (3) - Nichols, Saccucci, Slattery
Abstention (1) - Boronkay
Carried
Cinderella Softball Association
Alderman Barfield expressed appreciation, on behalf of the Cinderella
Softball Association, to the city for providing them with fields.
ADJOURNMENT:
On a motion the meeting adjourned at 10:05 p.m.
J se h A. Rundle, City Clerk
1
�Zaymond Bordoni, Mayor