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HomeMy WebLinkAboutMN-CC-1981-06-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:45 P.M. June 3, 1981 PRESENT: Ttayor - Bordoni Aldermen (9) - Banfield, Boothroyd, Boronkay, Dennis, Gutenberger, Holman, Nichols, Schuler, Slattery ABSENT: Alderman (1) - Saccucci (excused due to illness) Coe, OTHERS PRESENT: City Controller - Spano Dep. City Controller - Cafferillo Dir. Planning & Development - Van Cort Building Commissioner - Hoard Fire Chief - Tuckerman City Attorney - Shapiro City Engineer - Cox City Clerk - Rundle ` PLEDGE OF ALLEGIANCE: Mayor Bordoni led all present in the Pledge of Allegiance to the American flag. MINUTES: 4� By Alderman Dennis: Seconded by Alderman Schuler RESOLVED, That the Minutes of the May 6, 1981 meeting be approved as recorded by the Clerk. Carried Unanimously SPECIAL ORDER OF BUSINESS: Federal and State Funding Projects for Human Services and. Effects at Local Level -- Presentation by Chris Buscher, Director, Human Services Coalition Air. Buscher reported that the federal government will be placing into block grants funds for human services which will be given directly to the states. The states will use their decision - making powers on the transfer of those monies down to the local level. They may impose mandates on the use of some of the monies; it appears much of it will not have mandates, but decision on how to spend the money will be made at the local level. Mr. Buscher estimates a 25 percent cut in funds, at least. He reported that, at the county level, priorities are being discussed; also consolidation of human services and unnecessary dupli- cation will be reviewed. Mr. Buscher reported that the Information Referral Service is working very well. It handled about 5,000 calls in 1980, and from the increase in the first four months of this year, it appears it will handle about 5,500 calls in 1981. A brief question and answer period followed. Aldermen Banfield, Boothroyd and Gutenberger arrived at the meeting at 8:00 p.m. COMMUNICATIONS: Letter from John Asay City Clerk Rundle called attention to a letter addressed to the Common Council, which was received in the Clerk's Office, from John Asay, 555 Warren Road, relating to restrictions on motorcycles in Stewart Park. Copies of the letter were distributed to each Council member; also the letter was brought up at the Board of Public Works meeting that afternoon, and was referred to the Public Buildings, Public Grounds and Parks Committee. Discussion followed on the floor. 264 -2- June 3, 1981 Resolution By Alderman Nichols: Seconded by Alderman Slattery RESOLVED, That the matter of relaxing, or possible relaxing, of the restrictions against motorcycles in Stewart Park be referred jointly to the Charter and Ordinance and Planning and Development Committees for review. Letter from Dorothea Lindemann Mayor Bordoni read the ollowing Playor and Common Council members: "June 3, 1981 Mayor Ray Bordoni Common Council Members Carried Unanimously letter which was addressed to the Dear Mayor Bordoni and Members of Common Council; First of all I would like to thank you and. the Board of Public Works for your patience, support, and help in solving the sidewalk problem along Cornell Street. As we all know the crossover at Homestead Road is a compromise, not an absolute solution and should not be considered safe for .small. children. In our letter to Mrs. Walsh we expressed that we felt either a crossing guard, flashing yellow lights, or stop signs would be necessary for this compromise to be acceptable for the safety of the children. Today I am asking you to consider the stationing of a crossing guard at Cornell Street and Homestead Road besides the measures Clower speed limit, warning signs and zebrastripes) recommended by the Board of Public Works. Also, with the closing of West Hill School., and soon Henry St. John School, this crossing guard should not be an additional position and additional cost for the City. Last, but not least, I would like to express the hope that the constr, tion of a sidewalk all the way to the Belle Sherman Annex, or to Mitchell Street, will be reconsidered at a later point. Thank you. Sincerely yours, Dorothea Lindemann 1318 East State Street" Resolution By Alderman Dennis: Seconded by Alderman Schuler RESOLVED, That the letter from Dorothea Lindemann requesting considera- tion of a crossing guard at Cornell Street and Homestead Load be referred to the Budget and Administration Committee. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE THE COUNCIL: Billboards on Elmira Road R. Davis Cutting, Cutting Motors, Inc., addressed the Council regarding removal of the remaining billboards on Elmira Road, which have been in violation of the city sign ordinance for the past twenty -two months. Mr. Cutting reviewed the issue, including his appearance before the Council on February 2, 1981 with a petition signed by all property owners on Elmira Road except three. He urged action by the city to remove the billboards. Alderman Nichols informed Council that she had written to Congressman Matthew F. McHugh regarding billboards and requested that the letter be entered into the Minutes as follows: ".June 2, 1981 Dear Matt: I know that you keep up with the local news as much as possible, but you may not be aware of the problem that the Highway Beautification Act of 1978 is causing in the enforcement of our Sign Ordinance, which was nassed in 1972 and required the removal of all billboards in the -3- June 3, 1981,1) City of Ithaca by August 1979. The grace period was to allow normal depreciation of the existing signs. Meanwhile, the owner of the billboards refuses to take them down because they may be entitled to compensation under the federal act, which states that if local governments require the removal of bill- boards from federal highways, the owners may claim compensation and that, .the United States government will reimburse 75 per cent of the cost.. Based on the fact that the Elmira Road is part of the federal highway system, the billboard owners claim the right to be reimbursed for (60011, the loss of advertising revenue from the illegal billboards and insist that they can remain because they are "protected" by federal law (The Highway, Beautification Act of 1978), which supercedes state and local law. The New-York State Department of Transportation does not have any funds to reimburse billboard owners, and there is some doubt that money was appropriated for that purpose by Congress. At any rate, the City of Ithaca is in the unpleasant situation of having to pay the billboard owners for loss of advertising revenue if we enforce our law in accordance with the wishes of most of the people of the j City. I' do not believe that Congress meant to provide a loophole for the ' outdoor advertising owners to keep their billboards on the federal highways forever. If the money is not available to reimburse the local governments for their costs, why not remove the provision in the law-that states this will be done? The billboards themselves are of very_ little economic value, and the federal law is both an excuse and an incentive to the owners to flout the sign ordinance, We would greatly appreciate your suggestions in this matter., and, if possible, some updating of the legislation to eliminate not only the possib -ility of claims for reimbursement but also the opportunity to use the letter of the law as a way to violate the intention and spirit of the law. Congress certainly did not intend to subsidize the billboard industry or to pay them for loss of revenues in perpetuity. With best personal regards, Sincerely yours, Ethel.B. Nichols Chair, Planning and Development Committee" Discussion followed on the floor. Resolution By Alderman Slattery: Seconded by Alderman Dennis RESOLVED, That the Council direct the Building Commissioner to cause to be removed all non- conforming billboards in the City of Ithaca, pursuant to the S.igri Ordinance; appraisal to be made prior to removal. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously INTERGOVEIZNHFNTAT, RELATIONS COi� MITTEE : Resolution —— Appreciation to Beverly Stone By AldFerman Slattery �Secc- �nc�ciby Alderman Holman 1'dIHEREAS, Beverly Stone has served the Senior Citizens of the City of Ithaca for approximately three years, and WHEREAS, Beverly Stone has contributed a part of her life to help enrich the lives of our most valued citizens, and MILREAS, Beverly Stone's leadership, patience, enthusiasm, warmth and understanding are cicial hies we slioi,ld all try to emulate, and 2G(; -4- June 3, 1981 WHEREAS, the contributions that Beverly Stone has made to our community and the Senior Citizens are immeasurable and we wish to thank her from the bottom of our hearts; THEREFORE, BE IT RESOLVED, That this Common Council would like to add their best wishes to the many others Ms. Stone has been receiving and to wish her well. in her new endeavors. BE IT FURTHER RESOLVED, That this resolution be spread upon the minutes, and a copy of the resolution be forwarded to Beverly Stone. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: Assessment Roll Corrections Resolution #1 By Alderman Gutenberger: Seconded by Alderman Boronkay WHEREAS, the 1981 Tax Roll for the City of,Ithaca included the known and numbered as 131 Cleveland Avenue, owned br Harriet'M. property Lamb, 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 taxpayers and WHEREAS, said investigation revealed that the building was demolished prior to March 1, 1981, and WHEREAS, the Director of Assessments recommends- that th-e assessed value of 131 Cleveland Avenue be changed from $1.5,000 to $1,300; NOW1 THEREFORE, BE IT RESOLVED, That the 1981 Tax Roll for the City. of Ithaca be amended to reduce the assessment of Tax Map 79 -8.2, 131 Cleveland Avenue, from $15,000 to $1,300, and BE TT FURTHER RESOLVED. That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and prepare a new tax bill for said property, or make an appropriate refund if the 1981 City Taxes have been paid. Ca.r.ried Unanimously Resolution #2 By Alderman Gutenberger: Seconded by Alderman Dennis WHEREAS, the 1981 Tax Roll for the City, of Ithaca included the property known and numbered as 411 North Tioga Street, owned b y Mowry Randolph, 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 taxpayer' and WHEREAS, said investigation revealed that an aged exemption in the amount of $21,500 was omitted, and WHEREAS, the Director of Assessments recommends that the assessed value of 411 North Tioga Street be changed from $43,000 to $21,500; NOVV, THEREFORE, BE IT RESOLVED, That the 1981 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map 49- 4 -1.0, 411 North Tioga Street, from $43,000 to $21,500, and BE IT FURTHER RESOLVED, That the City Chamberlain be authorized and directed to make the appropriate changes in the Tax Roll and prepare a new tax bill for said property or make an appropriate refund if the 1981 City Taxes have been paid. Carried Unanimously Cherry Street Capital Project By Alderman Gutenberger: Seconded by Alderman Nichols RESOLVED, That an additional sum of $10,500 be appropriated from the Contingency Account A1990 for the purpose of financing improvements to the Cherry Street Industrial Park Improvements, as requested by Board of Public Works action May 27, 1981. -5- Discussion followed on the floor. I I, ", June 3, 19814 A vote on the resolution resulted as follows: Carried Unanimously Department of Public Works Petty Cash Fund By Alderman Gutenberger: Seconded y Alderman Nichols RESOLVED, That a petty cash fund in the amount of $100.00 be estab- lished for the Department of Public Works as requested by Board of Public Works action May 27, 1981. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Marriage License Clerk Designation By Alderman Gutenberger: Seconded by Alderman Boothroyd WHEREAS, City Clerk Rundle has requested that Common. Council approve his designation of Connie J. Holcomb as Marriage License Clerk to receive applications, examine applications, investigate and issue marriage licenses in his absence or inability to act_; NOW, THEREFORE, BE IT RESOLVED, That the City Clerk's designation -of Connie J. Holcomb as a Marriage License Clerk be approved.. Carried Unanimously t._ Authorized Equipment List Designation By Alderman Gutenberger: Seconded by Alderman Slattery RESOLVED, That the 1981 Authorized Equipment List for the Fare Depart- ment be amended to include the purchase of a four - drawer file cabinet, at a cost not to exceed $145.00. No additional appropriation is required. Carried Unanimously Albany Street Bridge Capital Project By Alderman Gutenberger: Seconded by Alderman Holman WHEREAS, on January 7, 1981, this Common Council authorized. the City of Ithaca to participate in a project for the rehabilitation of the i Albany Street Bridge, and WHEREAS, the City's contribution will be $16,500, consisting of $1,500 for preliminary engineering and $15,000 for construction, and WHEREAS, there is a balance of $161,546 in the Capital Project as of April 30, 1981; NOW, THEREFORE, BE IT RESOLVED, That the Albany Street Bridge Capital Project be reduced by $140,000 and that the unused appropriation be returned to Capital Reserve #4 - Bridges, and BE IT FURTHER RESOLVED, That $75,000 be transferred from Capital Reserve #4 - Bridges, as follows: To Capital Reserve #15 - Fire Engines $50,000 To Capital Reserve #22 - Buses 25,000 Carried Unanimously Lew Adesso Request for Benefits By Al erman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the request of Lewis Adesso, former City Golf Course Manager, to be granted credit for alleged unused sick leave, not be granted. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Gutenberger, Boothroyd, Nichols, Schuler, Dennis, Boronkay, Slattery, Holman Nay (1) - Banfield Absent (1) - Saccucci Carried 218 -6- June 3, 1981 Airing of Planner II By Alderman Gutenberger: Seconded by Alderman Dennis WHEREAS, the Budget and Administration Committee of Common Council authorized the Director of Planning and Development to hire a Planner II, and WHEREAS, the Director of Planning and Development has requested that a salary of $14,810, being Step 2 of the CSEA - Administrative Contract, be offered to prospective applicants; NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves the request of the Director of Planning and Development to hire Joseph T. Pierce, Jr. at a salary of $14,810. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (8) - Gutenberger, Boothroyd, Nichols, Schuler, Dennis Boronkay, Slattery, Holman Nay (1) - Banfield Absent (1) - Saccucci Carried Audit By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the bills audited and approved by the Budget and Administration Committee,, in the total amount of $10,317.24, as listed on Audit Abstract #10/1981, be approved for payment. Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Handicapped Access and City Hall Parkin Herman Siever ing, Planning staff, gave a progress report on the ramp and parking lot plan designed by Architect Leathers which will be put out to bid later in the month by the Board of Public Works. A brief question and answer period followed. Resolution By Alderman Nichols: Seconded by Alderman Slattery BE IT RESOLVED, That the Council hereby approve the preliminary design for the parking lot improvements for City Hall., the ramp designed by the Department of Public Works, the traffic and circula- tion pattern for the access to the rear of the Ithaca Commons and the Ithaca Center. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Energy Commission Alderman Nichols reported that the membership of the commission has been increased to fourteen by approval of the committee. The commission has been appointed for the year June 1, 1981 to June 1, 1982. Recycling Commission Alderman Nichols gave a brief progress report on the Ithaca Task Force on the Recycling of ,Solid Waste. RESOLUTION OF APPRECIATION -- ROBERT AND MARCIA LYNCH: Mayor Bordoni expressed appreciation and extended best wishes for the future to Bob and Marcia Lynch, former employees of 1VTKO. Resolution By Alderman Holman: Seconded by Alderman Boronkay: WHEREAS, for some years a broadcasting duo has presented City deliberations and decisions in an objective, fair manner, and IVllt'lWAS, they have served to educate the public as they made the esoteric and incomprehensible, comprehensible, and -7- June 3, 1981 1,j WHEREAS, Robert Lynch, first as a reporter and then operations manager of WTKO, kept the needs of the community always in mind, and �VHEREAS, Marcia Lynch was for many Ithacans the first voice heard each weekday morning and came to be an integral part of community news and views; BE IT RESOLVED, That Common Council of the City of Ithaca wishes Bob Lynch and Marcia Lynch every success in their future endeavors; BE IT FURTHER RESOLVED, That this resolution be spread upon the minutes and copies of the resolution forwarded to Bob and Marcia. Carried Unanimously CHAPTER AND ORDINANCE COMMITTEE: : Bottle Legislation Iiy Alderman Slattery: Seconded by Alderman Schuler WHEREAS, carbonated soft - drink, beer, and ale bottles and cans create problems of litter; are a hazard to pedestrians, vehicles and farm equipment and animals; add to the amount of municipal. solid waste; and deplete our finite stock of natural resources, especially energy; and WHEREAS, requiring a mandatory deposit on all carbonated beverage containers sold in the State of New York would to a great extent alleviate these problems, and € WHEREAS, landfill space in Tompkins County is limited and may be unavailable sooner than previously expected, and WHEREAS, the glass recycling program run by Challenge Ind.ustri.es in the City of Ithaca has recently ended, and WHEREAS, the siting of a solid waste energy- recovery facility is under consideration in Tompkins County, and removing beverage containers from the waste stream would make such a facility more efficient, and' WHEREAS, delayed legislation considered in the Legislature would not require a change to refi affect non- beverage food containers, but would on all carbonated beverage containers, thereby incentive to return them to store where bought them away; and State of New York Ilable bottles or only require a deposit providing an economic rather than to throw WHEREAS, the institution of such proposed legislation is not expected to have a detrimental effect on the State's economy or overall work force, and WHEREAS, the New York State Conference of Mayors, in May 1980, supported the enactment of State Legislation requiring a deposit on all carbonated beverage containers, and WHEREAS, it is easier and more appropriate to deal with beverage container deposit legislation on the State rather than on the local level; NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca Common Council does support the enactment of Beverage Container Deposit legislation and urges the New York State Senate and Assembly to enact such legislation in 1982. A vote on the resolution resulted as follows Ayes (8) - Banfield, Boothroyd, Boronkay, Dennis, Holman, Nichols, Schuler, Slattery Abstention (1) - Cutenberger Ahsent (1) - Saccucci Carried MIN June 3, 1981 Procedure for Citizen's Grievance to Police By Alderman Slattery: Seconded by Alderman Schuler RESOLVED, That the title "Police Grievance Procedure" be changed to "Citizen Complaint of Police Action Procedure" to avoid confusion. Carried Unanimously Armor's Salary Alderman battery reported having received information back from approximately fifteen cities in reply to the committee's invest=iga- tion of salaries in other cities. He has distributed copies to the committee who will review the matter at their next meeting and make recommendation to the Budget and Administration Committee. Request from Tompkins County Planning Director for Rezoning of Boardman House Property in the City's DeWitt Park Historic District Alderman Slattery requested delay of action on the request for re- zoning of Boardman House Property in the City's DeWitt Park Historic District until the committee has received and reviewed the report from Ithaca Landmarks Preservation Commission, who also are reviewing the problem. Reapportionment Alderman Slattery reported that -the Tompkins County Reapportionment Committee had met the evening before, and among other things, have suggested adjustments in realigning the wards of the City. He announced that the county representatives will meet with the Council on Saturday, June 6, at 2:00 p.m., in the Common Council. Chambers to review the suggested changes with the Council. 0 Flood Plain Legislation Alderman Slattery reported that the new Flood Plain Legislation coming to us from the federal government will allow the city to have increased coverage in the flood plain. However, the city will have to amend its zoning map, and the matter has been referred to the Charter and Ordi- nance Committee and the Planning Board. HUMAN SERVICES COMMITTEE Alderman Schuler announced that the Ithaca Summer Concert series will start on Thursday and the season will run. until September.. SPECIAL COMITTEES: Human Services Coalition Alderman Holman reported that United Way has entered into a three - year contract with The IIuman Services Coalition for The United Way; some of those services will relate directly to City Planning. UNFINISHED AND MISCELLANEOUS BUSINESS: Glass Recycling Equipment Alderman Nichols commented that the Recycling Committee had raised the question as to the disposition of the city -owned property which was used by Challenge Industries, and if there is any possibility of the city getting it back. City Attorney Shapiro informed the Council that he had agreement with Challenge, but currently could not find copy of the agreement. Also, a more recent agreement the equipment which is stored by Challenge to be left the issue is settled. Cable TV Alderman Slattery called attention to a recent article Times relating to St. Paul owning its Cable TV. Mayor Alderman Slattery to transmit a copy of the article to of the Ithaca Cable Commission. Access to the Hospital At Alderman Gutenberger's request Planning and Development Director emergency route to the hospital. testing, it was decided the ernerg in some cases. drafted an a signed called for as is until in the New York Bordoni asked the chairman at the May meeting of the Council, Van Cort presented a suggested IIe commented that, after extensive :�ncy route might be of some utility -9- June 3, 1981a Discussion followed on the floor. Director Van Cort was directed to bring back a more comprehensive report on the problem as there were many questions left unanswered. Meeting Time of the Council Mayor Bordoni requested the Council members to make every effort to be present for the Council meetings at 7:30 p.m., the official meeting time so that citizens will not be kept waiting. NEW BUSINESS: Notes on Sage Infirmar Dormitory Development Project Alder-man Schuler read the foll oiiing communication trom the East Hill Civic Association concerning traffic, parking and congestion: "June 4, 1981 FROM: Tom Hanna East Hill Civic Association At several meetings since Parch 1980, East Hill residents most interested in the conversion of the Sage Infirmary to a new Cornell dormitory have raised questions of what the new devel- opment's impact N will be on traffic, parking and vehicular congestion in the neighbor- hood. Of particular concern are: .:i - 1. How many street parking places will be eliminated at the Seneca Street entrance and exit to the Sage property? '. Can additional on- street spaces be designated. to compensate for those lost? 2. How much additional vehicular traffic will be generated by the Dormitory and how will it be regulated? 3. What new traffic signage is needed to assure pedestrian safety? 4. Are changes in the one -way and two -way traffic patterns needed to reduce traffic congestion on key streets such as East Seneca and Schuyler Place? The Civic Association would appreciate it if the City would look into these matters soon since the Sage Infirmary Dormitory project is nearing completion and the building is scheduled for occupancy during the summer or early fall." Discussion followed on the floor. Resolution By Alderman Dennis: Seconded by Alderman Schuler RESOLVED, That the communication from the East Hill Civic Association be referred to the Board of Public Works. Carried Unanimously Meeting Time of the Council By Alderman Banfielc: Seconded by Alderman Boothroyd RESOLVED, That the starting time of the Common Council meeting be changed to 8:30 p.m. for the month of July 1981. Carried Unanimously ADJOURNMENT: On a motion, the meeting adjourned at 10:12 p.m. P "O�_ -- )scilh A. ]Zundle , (: it)' C1011- r Raymond Ito rdon i , Mayor