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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