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HomeMy WebLinkAboutMN-CC-1981-07-01COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 8:30 P.M. July 1, 1981 PRESENT: Mayor - Bordoni Aldermen (9) - Banfield, Boothroyd, Boronkay, Dennis, Gutenberger, Nichols, Saccucci, Schuler, Slattery ABSENT: Alderman (1) - Holman -- Excused (400,01 OTHERS PRESENT: C-ity Controller - Spano Asst. to City Attorney - Ralph Nash Personnel Administrator - Collins Dep. City Controller.,- Cafferillo Dep. Fire Chief - Redves Director, Planning $ Development - Van Cort City Clerk - Rundle PLEDGE OF ALLEGIANCE: Mayor Bor oni led all present in the Pledge of Allegiance to the American flag. MINUTES: By Alderman Slattery: Seconded by Alderman Saccucci RESOLVED, That the Minutes of the June 3, 1981 meeting and June 24, 1981 meeting be approved as recorded by the Clerk. Carried. Unani.moiisly ADDITIONS TO THE AGENDA: Unfinished and Miscellaneous Business Alderman Schuler requested the addition of a recap of the Ithaca Festival by Dave Lytell, Ithaca Festival Coordinator. No Council member objected. Communications Alderman Nichols requested that a letter from Congressman Matthew McHugh in response to her inquiry concerning removal of billboards be read to the Council. No Council member objected. COiNIMUNI CAT TONS: Alderman Nichols read the following letter from Congressman Matthew McHugh to the Council: "Nis. Ethel B. Nichols June 18, 1981 Chair, Planning and Development Committee Dear Ethel: Thank you for your letter concerning the problems that you have experienced with the highway Beautification Act of 1978 as it relates to the removal of signs and billboards located along Elmira Road. I am writing to let you know that I have contacted Commissioner Hennessy at the Netv York State Department of Transportation and Mr. Ray Barnhart, the Admin- i.strator of the Federal Highway Admi.ni- strati -on, on your behalf. I have asked Commissioner Hennessy and Mr. Barnhart to provide we with information relat-inl, to their agencies respective roles in Implement s -nI, the Highway Beautification Act of 1978. As soon as i have received their responses, I will be back in touch with you. In the meantime, if I can be of further assistance in this or any other matter relating to the federal government, please do not hesitate to let me know. I am allvays pleased to lielp 0iere I can. Best regards. Sincerely, Hattliew F. i`Ichugh" r 27) -2- July 1, 1981 Mayor Bordoni requested that copies of the letter be made for all aldermen. COMMUNICATIONS FROM THE MAYOR: !Mayor Bordoni reported that he had excused Alderman Holman from attendance at the meeting because of a planned trip out- of -the- country. Letter from Tompkins County Chamber of Commerce re. Cable TV Mayor Bordoni react the following letter to the Council and requested that copies of the letter be furnished to all aldermen. "June 24, 1981. Hon. Raymond A. Bordoni. Mayor, City of Ithaca Dear Mayor Bordoni: As a result of action taken by our Board of Directors on this date, I wish to register the Chamber's opposition to the formation, by the City of Ithaca, of any public agency or corporation for the purpose of ownership and /or management of the local cable television system. We wish to emphasize our continued concern over any infringement by. government into the private sector in terms of management or ownership of any entity, firm or organization. Such involvement has a tendency to create conflicts of interest; loss of tax dollars; political and patronage appointments, as well as excessive costs in public service payroll. If a private firm or organization under contract with government is not performing in terms of any agreement, then corrective action should result in finding another that will fulfill required criteria. For the city to become personally involved, as the Cable Television Commission suggests, will only compound the problem and create antagon, on the part of those who still believe in the "Free Enterprise System.' Your bringing these concerns to the attention of all members of Common Council and the Cable Television Commission is requested. Sincerely, Duane Winters President, Tompkins County Chamber of Commerce cc: Joe Rundle -City Clerk" Letter from Tompkins County Chamber of Commerce re. proposed Perfor.min Arts and parking facility in Collegetown Mayor Bordoni react the following letter to the Council and requested that copies of the letter be furnished to all aldermen. *See p. 2a.. Letter from Collegetown Enhancement Association re. parking facility in Collegetown flayor Bordoni read the following letter to the Council and requested that copies of the letter be furnished to all aldermen. "June 17, 1981 Mayor Ray Bordoni City Hall Dear Mayor Bordoni: For more than ten years increased parking facilities were the goal of the Collegetown merchants. Several years ago Collegetown graciously gave their support to the development of "The Commons" and backed the city's use of available funds for that purpose with their understanding that Collegetown's needs would not be forgotten. Right now people with cars have beers taking advantage of the malls with their large parking -2a- "June 26, 1981 Mayor Raymond Bordoni City of Ithaca Dear Mayor Bordoni: July 1, 1981-s I am pleased to inform you that our Board of Directors has given unanimous endorsement to the proposed Performing Arts Center proposed by Cornell University and to the collective support by the City and Cornell to construct a parking facility that will be adequate to handle parking requirements for the Coll.egetown. area. The investment on the part of the City of Ithaca is minimal when compared to the increased dollars that the Arts Center and. available parking will generate in the Collegetown area. There is a continuing need for cooperative endeavors of this nature between "Town & Gown" allowing for the realization of projects and programs that have, for too long, gathered dust on the drawing boards. This Chamber encourages you to move forward in the most expeditious manner possible. Sincerely, Duane Winters President Tompkins County Chamber of Commerce" 2 ' ;S -3- July 1, 1981 areas rather than having to contend with the hassle of finding a vacant parking space. The time for the fulfillment of this project is NOW because a parking ramp in Collegetown would vastly improve the business climate, the parking situation for homeowners and also result in the realization of the Performing Arts Center. The American Cities survey shows that the large population living in this area needs and would support many more varied retail outlets and food facilities. These in turn would also compliment the different facets of the Performing Arts Center. The combination of different requirements would fill the ramp both during the day and at night. The growth in private investment and sales outlets will increase real estate taxes and sales taxes collectec.. Improvement and revitalization of the area will benefit Ithaca's financial situation." Instead of retaining the status quo and only accelerating the negative direction of our fiscal position we should take advantage of this opportunity to upgrade a vital part of Ithaca and thereby LONER the tax burdens of all. Sincerely yours, COLLEGETOWN ENHANCEMENT ASSOCIATION Mrs. Ellen Rosten, President cc: Ralph Jordan, Chamber. of Commerce U.D.C. Tom Hanna, East Hill Civic Association." New York State Conference of Mayors Mayor Bor oni reported briefly on the attendance of himself, as well as Aldermen Slattery and Holman, Personnel Administrator Collins and City Attorney Shapiro, at the New York State Conference of Mayors. CITY ATTORNEY'S REPORT: Asst. to City Attorney Nash reported that no word has been received from Justice Bishop concerning the cases submitted: the Cornell Heights case, the North Aurora Street case which was submitted on the basis of an appeal for a non- permitted use variance, and the case on North campus which deals with the question of non- public street- -the determination of public way in regard to requirements of public streets. Atty. Nash further reported that Building Commissioner Hoard mailed letters on June 23 to owners of offending billboards in the City- - Giordano, Nate's Floral Estate and Parks Outdoor Advertising - - advising them that under city ordinance the Building Commissioner was ordering removal of the billboards; otherwise the City would remove them. IIe reported that Atty. Williamson, attorney for Park Advertising, has requested conference with the City's legal staff. Sale of GIAC building Atty. Nash reporte that the school district has been unable to locate the abstract title for the GIAC property, which will require the development of a new abstract so the closing will be delayed. CHARTER AND ORDINANCE COMMITTEE: Mayor's Salary- -Local Law- -Lay on Table Alderman Slattery introduced A LOCAL LnW ESTABLISHING THE ANNIJAL SALARY OF THE MAYOR OF TILE CI'T'Y OF ITHACA. BE IT ENACTED by the Common Council of t }le City of Ithaca, New York as follows: SECTION I. ESTABLISHING THE ANNUAL SALARY OF THE MAYOR OF TIIE CITY OF ITHACA. The annual salary of the Mayor of the City of Ithaca is hereby established and set at $21,000.00 per year commencing January 1, 1982. SECTION 2. This local law shall take effect :immediately after filing in the office of the Secretary of State. -4- July 1%I gal,!!!) Resolution By Alderman Slattery: Seconded by Alderman Dennis RESOLVED, That the Local Law establishing the annual salary of the Mayor of the City of Ithaca be laid on the table. Discussion followed regarding the procedure for adoption of local laws. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Banfield Aye Boothroyd Aye SaccuCci Nay Slattery Aye (Wooe Schuler Aye Gutenberger Abstained Dennis Aye Nichols Aye Boronkay Aye Holman Absent Ayes (7) Nay Cl) Abstention (1) Absent (1) Carried. Aldermen's Salary--Local Law- -Lay on Table Alderman Slattery introduced A LOCAL LAW ES'T'ABLISHING THE ANNUAL SALARIES OF EACH OF THE ALDERMEN OF THE CITY OF ITI-IACA. BE IT ENACTED by the Common Council of the City of Ithaca, New York ' as follows: SECTION 1. ESTABLISHING THE ANNUAL SALARIES OF EACH OF THE ALDERMEN OF THE CITY OF ITHACA The annual salaries of each of the aldermen of the City of Ithaca are hereby established and set: at $4,500.00 a piece per year commencing January 1, (W00.1 1982. SECTION 2. This local law shall take effect immediately upon its being duly filed in the Office of the Secretary of State subject to the provisions of section twenty -four of the Municipal Home Rule Law. Resolution By Alterman Slattery: Seconded by Alderman Dennis RESOLVED, That the Local Law establishing the annual salaries of each of the aldermen of the City of Ithaca be laid on the table. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Holman Absent Bor.onkay Aye Nichols Aye Dennis Aye Gutenberger Aye Schuler Aye Slattery Aye Saccucci Nay Boothroyd Aye Banfield Nay Ayes (7) Nays (2) Absent (1) (boo", Carried. Citizen Complaint of Police Action Procedure Revision Alderman Slattery referred to a memo from the Pol.i.ce Commissioners requesting amendment to the following paragraphs in the "Citizen Complaint of Police Action ": Presentation of Complaint, Time for Hearing and Report of Ilearing. Resolution By Alderman Siattery: Seconded by Alderman Schuler P.IiSO}.VED, That the following a;;;endr;ent he made: Under Presentation of Complaint, two to he deleted to read within seven consecutive days; Linder Time for Ilearing, the last sentence shall read 5 consecutive days; and under. Report of Hearing sentence 1 shall read S consecutive days. r 2 () -5- Discussion followed on the floor.. Aldermen Slattery and Schuler withdrew their resolution. July 1, 1981 Tabling Resolution By Alderman Slattery: Seconded by Alderman Nichols RESOLVED, That the request for amendment to the Citizen Complaint of Police Action Procedure be tabled to give the committee an opportunity to receive input from the police commissioners, discuss the request with the City Attorney and consider inclusion of the procedure in the Municipal Code. Carried Unanimously Taxation and Assessments--Local Law- -Lay on Table Alderman Slattery introduced A L:::: OCAL LAIV ATTENDING ARTICLE IV ENTITLED "TAXATION AND ASSESSMENTS" OF THE CITY OF 1THACA CHARTER, BE IT ENACTED by the Common Council of the City of Ithaca, New York . as follows: SECTION 1. AMENDING SECTIONS 4.1, 4.2, 4.3, 4, 4, 4.5, and 4,6 of Article IV Entitled "Taxation and Assess- ments" of the Ithaca City Charter. 1. Sections 4.1, 4,2, 4.3, 4.4, 4.5, and 4.6 of Article IV entitled "Taxation and Assessments" of the Ithaca City Charter are hereby amended. Resolution By Alderman Slattery: Seconded by Alderman Schuler RESOLVED, That the Local Law amending Article IV Entitled "Taxation and Assessments" of the City of Ithaca Charter be laid on the table. Cal -Tied Unanimously Reapportionment - -Local Laws ---Lay on Table Alderman Slattery introduced A LOCAL LAIV DELETING SECTION 1.3 -a, ENTITLED "WARD BOUNDARIES UNTIL DECEMBER 31, 1975, FOR SOLE AND LIMITED PURPOSE" AND AMENDING SEC`L'ION 1.3 OF THE CITY OF ITIIACA CHARTER ENTITLED "WARD BOUNDARIES" AND AMENDING SECTION 2.6 ENTI'T'LED "MAYOR, CITY JUDGE, ALDERMEN, ELECTION, TERMS OF OFFICE." Resolution By Alderman Slattery: Seconded by Alderman Banfield RESOLVED, That the Local Law Deleting Section 1.3 -a, Entitled "Ward Boundaries Until, December 31, 1975, for Sole and Limited Purpose and Amending Suction 1.3 of the City of Ithaca. Charter Entitled "Ward Boundaries" and Amending Section 2.6 Entitled "Mayor, City Judge, Aldermen, Election, Terms of Office" be laid on the table. The question of the adoption of the foregoing resolution was duly out to a vote on roll call, which resulted as follows: Schuler Aye Banfiield. Aye Dennis Aye Saccucc:i Aye Boothroyd Aye Nichols Aye Boronkay Aye Gutenberger Aye Slattery Aye Holman Absent Ayes (9) Absent (1) Carried. 0 Special Meeting of Common Council By Alderman Dennis: Seconded by Alderman Boronkay RESOLVED, That the Common Council will hold a Special meeting on Wednesday, July 15, 1981, at 8:30 p.m. in the Council Chambers for the purpose of considering the Local. haws which have been laid on the table. I Me A vote on the resolution resulted as follows: Ayes (8) Nay (1) - Banfield Absent (1) - Holman Carried July 1, 1981 Advertisement of All Local Laws By Alderman Slattery: Seconded by Alderman Dennis RESOLVED, That all local laws laid on the table be included. in one (400e advertisement. Ayes (3) - Nichols, Dennis, Slattery Nays (3) - Banfield, Boothroyd, Saccucci Abstention (3) - Schuler, Gutenberger, Boronkay Absent (1) - Holman Mayor Bordoni voted Nay Motion Defeated. INTERGOVERNMENTAL RELATIONS COMMITTEE: Village of Lansing Youth Program R; Alderman Slattery reported that the committee has received back an executed cooperation agreement from the Village of Lansing Youth Program and it is now on file. ! Sewer Agreement x Alderman Slattery reported the sewer agreement is nearing completion, An understanding has been reached with other municipalities concerned and they are in the final negotiation stage. Hopefully, t_he agreement will be completed this summer. PLANNING AND DEVELOPMENT COMMITTEE: Reports Energy Commission Alderman Nichols reported that the committee has prepared a series of recommendations; they have discussed some of them with the Superintendent of Public Works. Recycling Committee Alderman Nichols reported this committee has been meeting and plan to meet with the Planning and Development Committee at their next meeting to present recommendations. Planning and Development Committee Alderman Nichols reported —that the next meeting will be held on July 8 in the Council Chambers at which time the committee will receive recommendations from the Recycling Task Force, consider information which was recently developed with regard to preemptive signals and communication with the trains. Alderman Nichols reported that the Board of Public Works recommended that Council ask to sell property at 446 Taughannock Boulevard. The Planning staff have asked that this be reconsidered in the light of the fact that the city might want to develop this property itself. BUDGET AND ADHTNISTRAT ION COMA- IITTEE 1981 Assessment Roll Corrections By Alderman Gutenberger: Seconded by Alderman Saccucci. WHEREAS, the 1981 Tax Roll of the City of Ithaca included the follow - ing Special Franchise Assessments for the City of Ithaca: Tax N,ip Assessment in Number Owner final Roll _ 131.6 -SF -1 N.Y.S.Ef,G X1.0,5 S,6S4 631.9 -SF -1 N.Y. Telephone Co. 4,630,413 908.1 -SF -1 American TV t; Comm. Corp. 178,303 S2S -PS -I. Conrail 31.8,526 and VJ11FREAS, on June 20, 1081 , the C i t,,- of Ithaca received notice of the final Special Franchise Assessment as follows: Tax Hap Number 131.6 -SF -1 631.9 -SF -1 908.1 -SF -1 525 -PS -1 and -'1- July 1, 1981. Owner N.Y.S.EF,G N.Y. Telephone Co. American TV F, Comm. Corp. Conrail Assessment i.n Finial Roll 10,704,004 4,768,797 178,871 310,181 WHEREAS, in accordance with Section 616 of the Real Property Tax Law and Section 489 -0 of the Real Property Law, said assessments must be corrected on the City of Ithaca Tax Roll; -j NOW, FHEREFORE, BE IT RESOLVED, That the 1.981. 'Fax Roll for the City of Ithaca be amended as follows: Tax Map Number 131. - F -1 631.9 -SF -1 908.1 -SF -1 525 -PS -1 and Owner N.Y. S.EF,G N.Y. Telephone Co. American TV F, Comm. Corp. Conrail BE IT FURTHER RESOLVED, That the directed to make the appropriate prepare a new tax hill for said Assessment in _Final Roll 10,5 5,654 4,630,413 178$03 318,526 Corrected Assessment $10,704,004 4,768,797 1.78,871 310; 181- City Chamberlain be authorized and changes in the Tax Roll and to properties. A vote on the resolution resulted as follows: Carried Unanimously Certificate of Marriage Registration Fee By Alderman Gutenberger: Seconded by Alderman Boothroyd RESOLVED, That the City Clerk be directed to establish a fee of $5.00 for a Certificate of Marriage Registration. Carried Unanimously Audit By Alderman Gutenberger: Seconded by Alderman Banfield RESOLVED, That the bills audited and approved by the Budget and Administration Committee, in the total amount of $5,503.42, as listed on Audit Abstract #12/1981, be approved for payment. Carried Unanimously UNFINISHED AND MISCELLANEOUS BUSINESS: Commons Permits Alderman Dennis inquired regarding the procedure relative to permits for persons or organizations handing out literature on the Commons. He reported that on the previous Friday a man was actively passing out information regarding a Baptist Church in Peruville, N.Y., in addition to delivering an impassioned speech for about 20 minutes. When asked if he had a permit, he replied that he didn't need one. Mayor Bordoni explained the procedures for permits, and agreed that the above incident should not have occurred because the man did not have a permit. NEW BUSINESS: Resolution of Appreciation By Alderman Banfield: Seconded by Alderman Schuler WHEREAS, the Fall Creek survey recently undertaken by Laurie Carver, Serena Miller and Barbara Flax of the Field Study Office of Cornell University, was one of the first attempts to obtain residents' opinions on various issues concerning their neighborhood, and WHEREAS, the result of this survey will be an invaluable tool. to elected officials to understand the conce --ns of the residents and therefore assist in setting priorities, and July 1, 1981` 1 ) WHEREAS, this study was done in a dedicated and professional manner at no cost to the City; NOW, THEREFGRE, BE IT RESOLVED, That the Common Council of the City of Ithaca expresses their appreciation for the survey and for the outstanding job which Laurie, Barb and Serena did for the community. BE IT FURTHER RESOLVED, That this resolution be spread upon the minutes and a certified copy be sent to the individuals and to the Field Study Office. Carried Unanimously Ithaca Festival Dave Lytell, Ithaca Festival Coordinator, presented slides of the Ithaca Festival, a recap of the festival and results of a. survey taken. Mayor Bordoni, speaking on behalf of the City of Ithaca, thanked Mr. Lytell and his staff for a job well done. Conrail By Alderman Slattery: Seconded by Alderman Dennis RESOLVED, That Mr. Van Cort's inquiry of June 10, 1981, and the reply from Conrail dated June 24, 1981. be referred to the Board of Public Works. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 10:1_5 p.m. -- Jo ph A. Rundle, City Clerk Raymond. Bordoni, Mayor