HomeMy WebLinkAboutMN-CC-1981-12-02•
COMMON COUNCIL PROCkEIIiNGS 353
CITY 01: 1 rIIACA, NIEW YORK
Reg;ulnr Aleeting; 7:30 P.M. December 2, 1951
PRESENT:
mayor - Bordoni
Aldermen (10) - Barfield, Boothroyd, Boronkay, Dennis, Gutenberger,
Holman, Nichols, Saccucci, Schuler, Slattery
OTHLRS PRESENT:
City - -Controller - Spano
Personnel Administrator - Collins
Dir. Planning I Ucvelopment- Van
Purchasing Agent Clyne:,
Dop. Controller - Cafferillo
supt. of Public Works - Kinsella
City Attorney - Shapiro
Dire Chief - Tuckermrui
Police Chief - Ilcrson
Building Commissioner - Hoard
Mayor Elect - Shaw
Alderman Elect - -Ilo.f Cman, Killeen,
City Clerk - Rundle
Cort
Flyers, Schlather
P -kDGk OF ALLEGIANCE:
ma�'or Berdunl Icd aft present; in the Pledge of Allegiance to the
American flag.
MINUTkS:
]ty Aiderman Bootbroyd: Seconded by Alderman Slattery
RESOLVED, That the Minutes of the November 4, 1951 meeting be
approved as recorded by the Clerk.
Carried Unanimously
AUDITIONS TO THE AGENDA:
V l auui i us committee
Alderiiurn Nichols rec {nested the
addition of Item ]), Urban Renewal
Plan Extension, to the agenda.
No Council person objected.
Budget and Admi- nist.ration Committee
Alderman Cutenbcrger ZLCrccc•: „cd adjournment into Executive Session
at the end of the meeting; to discuss on- going; litigation.
Aldcrm:in Cutenberger requested the addition of the :following items
to the agenda:
a finalized resolution concerning; the intermuoicipal sewer
system
ac item concerning 1962 labor conl.:act negotiations, pending
the outcome of the budget resolution
a resolution concerning; self insurance
No Council person objected.
Charter and Ordincnico Committee:
Aldermn Slattery rub 5icd the addition of Lhe following items to
the agenda:
• introduction of ordinan>cr amending Ch. 60, Traffic h Vehicles,
of the City of Ithaca Municipal Codc
ordinances concerning extension of Commons Advisory Board
juri.r.dic tion
No Council Iverson objected.
Six Agile Creek Wall Rebuilding, Problem
Mavur HOMO i radue sled that the itc�m coucerninr, ;he rebui lclin �, of
the Six Mile Creek rrall he refor:r•d to the Budp t and Administralion
Coen illcc.
354 -2- December 2, 1931
Resolution
R)' r \.Idcrni :ur Slattery: Seconded Itl Alderman Itcnni�.
R,ESOLV'till, That the .item concerning the rchni (ding of the Six Mile
Creel: wail be referred to the Rudgci and Adi °Carried tUnanCimouslyoe
MAYOR'S APPOI_NTMIXI'S
Atcryor= ]3ordoru requested Council approval fat. the Following appoint-
ments to the Affirmative Action Advisory Committee:
Alarion Walker, 700 Stewart Avenue, 1'0 fill the vacancy caused by
the resignation of Aryin Hutchins, term to expire December 31, 198 101
Mt'ody Woolley,
'Tyler Hollow Road, Spencer,
N.Y.,
for a term to
Ilecotltbcr
31, 1984, to fill the vacancy
camced by the resigna,
qpi -re
Lion of Jasm:i.n Lim
whose term would eNpire
lleccmher 31, 1981,
Steven G. Wapen,
32 Nelson Road, extension
of
current .orm's
expi- ration from
December 31, 1931 to December
31, 1984.
Audrey Cooper, 206 Monroe Street, extension of current term's
expiration from December 31, 1981 to December 31, 1981.
Resolution
Ky Aidicrman Slattery: Seconded by Alderman Saccncci
RESOLVED, the Council approves the appoi "Ont of Marion Walker arul
Melody Woolley, and the extension of tv m 5 of Steven G. Wapen and
Audrey Cooper, as requested by Mayor Bordori, to the Aflirmat!K,
Action Advisory Cu miitlee.
Carried Unanimously
Melody Woolley and Audrey Cooper took the (lath of officc and were
sworn in by the City Clerk.
1'1 Tl 1 I OAFS ANP HEAP IN ()l PI I_SONti Bl I ORl_ ('O1JP
1 Itannin+ So rv.0
t h tiles Wilson, vice Pre s., Wilson Fr Sons Ile rting f Plumbing,
Addressed the council regarding a survey recently made eoncevnin;;
the licensing of p.lumhYrs, their rates, etc.
Alderman Slattery informed the Council and Mr. Wilson that the
Charter and Ordinance Committee, EN:miuing Berard of Plumbers: and
Electrical inspector will meet in the Council Chambers on December 7,
1981, at 8:00 p.m.
Extension of Authority of Commons \dvisory Board
- - -
Janet Ilarnrt, 1?.Ir. U2 Aiac.tt_hon, N.l. one of the owners of the food
cart which has been operating at the west end of the Commons,
addressed the Council, speaking in opposition to the extension of
authority of the Commons Advisory Board to the Ie"Pheral Street arcs,
saying it represents an arbitrary and cap KOUS attempt to manipulate
government. She feels the extended authority will hamper competition
and hurt small businesses, and does not represent the rmnjor:ity point .
of view.
The Rev. John 'Taylor, Chairman of Common; Advisory Board, 201 Dewitt
Place, spoke to the Council, explaining the Board's reasons for
requesting; the extension of authority, and nnsko ring questions of
the Council. •
Discussion followed on the floor.
CHARTER ANTI ORDINANCE, COMHITTPti:
I+.solutron I + rarrucc otdu n< from lahle
__
90 Aldcrmaut looihtc�yd: S +cond d bY Aldcrmcnt 11 1111
WOLVED, that ordinances amending (hnpter 7(1 entitled "Ithaca
Commons Rules," urdlnancu deleting Sect -ion 51.9 entitled "Anlm& :"
of Chapter 54, a,d an ordinance nmvnding Chapter 6S entitled "I'uhlic'
Safety" he hind from th+ tahle.
Carried lln:nr i mono: l y
-3-
December 2, 13, 5i)
Alderman Slattery read a letter from Police Chief llerson to Mayor
Bordrnii reglm.ting the addition of "Police. Norkinf; Dogs" :in Section
70.13 cnt.it:lod "Aninurls,,,
IteSOlntioll to wa.ivc reading of ordinance
By Aldcrnre Slai:tcry: tiecOliced by Alderm:m Nichols
RESOLVED, That reading of ordinance amendin;; Chapter 70 be wa.ivecl.
Carried Unanimously
ORDINANCE No. 81 -6
® AN ORDINANCl! AMI:NI11N(i CHAPTiiR 70 EN'1'IT11 :1) "ITHACA COMMONS Rt1L1iS"
OF 'fill'. CITY 01: ITHACA DILINi(:f11Al. C011li.
P>li IT ORDAINED ANI) liNACT1;D by the. Common Council of t.hc Ci t.y of
Tthaca, New York as follows:
>ectioll I. 'That Chapter 70 entitled "I:thaca (.Ot1a11e1S Rules" of
the City of Ithaca Municipal Code is hereby .amended as follows:
1. That Scctioil 70.3 entitled "liefi11 it:iOils" is hereby amended to
re�id as follows:
7�1 "Secti.on 70.3 Definitions
As used in this Chapter:
1. "Ithaca. Commons" shall n!ean the following described two areas:
A. Pr.inttnry Conuuuns shall r!caur that aro:r of public property,
between the south bnilding lines of Ihu norttlt side and the
north bui_ldi.ng line,: on the south side of the former bed and
associated sidewalks of East Stale S11rect between the Cast
line of Cayuga Street and the west Bite OF Aurora Street: and
• that itc,a of publ -ic property 1lctwecn tho west building lines
on the east Side and the cast buildrnp Lines on the west Side
of the fotmcr bcd and !ssoci itcd srd tall.', of Nor Ch 1'top r Strer.'l-
between the north line of State Sheet and the, south line of
Seneca St:roct.
13. Secondary Commons shall mean that area of public property
between the sou Ch building :1iucs on the
north side and the north building lines on the South side of
the: 100 and 2110 blocks of East. Croon Strout., the 31.10 blocl; of
East State Street, the 1.00 block of West. Statc Strect, the :100
and 200 blocks of Bast Sc:rreca Stycct; and the public properity
between the east. buildin; lines on the west side and the west
building .lines on the cast side of: the 100 and 200 blocks of
North Aurora S1:3'0et, the 70(1 block of Smith Auror❑ Street, the
200 block of North Ti.oga Street., t;lie 100 block of South C:lyI to
Street and t.i e 1011 hlocic of North Cayuga Strect.
z. "'ncc Commons Advisory Board" shall mean that hoard duly
appointed by the Mayor wii h approval o 1 Common Council char] *ed 1vi tit
various activit.ios mid/or powers relating to the Ithaca Commons by
the Common Council.
3. "The Operations Montlt7" shall mean that So of roles, regula -
tions, guidelines, and /o1- procedures duly adopted as such by the
Comr•aon Council relating to the Ithaca Comunons as amended from time
to t ir!c.
4. '1'11:11 unless utllui'wiac slated "Ith;lc;i C011n11Un.`;" ur "Commons"
!.hall mo:1:1 both t-1 1C.. "Primary Common:"" and the. "Secondary Connmunt;"
as d'-scribed hercitiabnVe..
2 'lint Scction 70.5 entitled ";Tutor is hereby amended
to read a follm.:;:
"Se(:I ion 7(1.5 Motor Achides
Opurat.ion of 11joll -1. tubule:.; uthcr than um, rpcn.'y mu,lur rulrir 1,, s,
NMI ( ity wo :nod :;!`i'NICf: Imr)tf,r vohicl.!'; r5 'proll1hl1 eel On t1ie: I'I'LIm.:'1'j'
Co1nc:�n1•.;, esc pI 11poit pcI -ill issued I,�' the tiul,rlin(rudr111 of_.I'tIlllii:
Pcorlks ur his dcsirnt"
356 -4- December 2, 1981
3. That Section 70.6 entitled "U'icpcles, elc." is hereby amended
to read as follows:
"Section 70.6 Bicycles, ct.c.
Rid:i.ng of Bicycles, Roller skates, skate, board; and similar wheeled
devices is prohibited an the Primary Commons. Bicycler; may be walked
to the storage racks provided for that purpose.
Wheelchairs, baby cnrrin;;cs, an'.1 similar devices _intended for the 111111
convenience and comfort of handicapped persons or infants arc per-
mitted on the Primary Commons.
4. That section 70.13 entitled "Animals" is hereby amended to read
as follows:
- Section 70.1.3 A&VIS
No animals arc allowed on the Primary commons unless they have been
specifically authorized by permit. issued by the .`superintendent of
Public (forks. This provision does not apply in scentg -eye dogs or
police working clogs under the control of a police officer. Primary
Connnons rc:; i dents owls i ng animals may apply to the Commons Advisory
Board for spec.i.al. consideration.
Section 2. This ordinance shall take effect immediately and in
accordance with law Upon publication of a not'cc as provided in
Section 3.11 (B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the res01UH031 resultocl as follows:
Carried Unanimously.
Resolution •
By Alderman , ott.ery: Seconded by Alderman Schuler
ORDINANCE NO. 81-7
AN ORDINANCE DELETING SECTION 54.9 ENTITLED "ANIMALS" OF CHAPTER 54
OF Tllr I'THAC;A MUNICIPAL CODE.
BE I'T ORDAINED AND ENACTED by the C:omtnon Council of the City of
Ithaca as follows:
Section 1. That Section 54.9 entitled "Animals" of Chapter 54 of
the Ithaca MUnic:rpal. Code is hereby deleted from the Ithaca Municipal.
Code.
Section 2. TH S ordinance shall take effect. immediately and in
accordance with law upon publication of a notice as provided in
Section 3.11 (13) of the Ithaca. City Chill-tcr.
Carried Unanimously
P�solutmt
1 ;= Alderman Slatt.c:ry: Seconded by Alderm.ir? Nichols
010DTNANCE NO. S 1 - 5
AN ORDINANCE AMENDING CHAPTER Cis FNTITLF0 "PUBLIC SAFETY" OF THE •
CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAiNEU AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1. That Chapter 6S entitled "Public- Safety" of the City
of Jthaca Municipal Code is hereby; amended as follor.s:
1. That subdivision C cntillcd "Ithaca Couunnn; Fountain" of
Section 65.71 is herd+;' deleted.
-5-
December 2, 1357
2. That Section 65.33 entitled "Alcoholic beverages" is hereby
deleted.
3. That Section 65.34 entitled "Open alcoholic beverage container
Prohibition,, is hereby amended to read as follows:
Section 65.34 Open alcoholic beverage container prohibition
A. Except otherwise provided in Chapter 70, no person shall have,
possess, carry or transport liquor, wine, beer, or other alcoholic
beverages in or upon any public sidewalk, street, highway, parking
lot or public park in the City of Ithaca in open bottles or other
open containers, and no person. shall drink or otherwise consume
liquor, wine, beer, or other alcoholic beverages in or upon any public
sidewalk, street, highway, parking lot or public park in the City of
Ithaca, New York.
B. This Section shall not apply to or within the boundaries of
Cass Park or Stewart Park, which areas shall be regulated by the
Board of Public Works, nor shall such prohibition apply to or within
the boundaries of Treman Marina.
(y) C. The violation of any of the provisions of this Section shall
(\J be punishable by a fine not greater than One Hundred Dollars ($100.00)
W and /or not more than fifteen (15) days in jail.
Q4. That Section 65.51 entitled "Merchandise display; use of streets
and sidewalks, permission required" is hereby amended to read as
follows:
Section 65.51 Merchandise display; use of streets and sidewalks,
permission required
No parson shall place, suspend or cause to he placed or suspended
- any goods, wares, or merchandise in any public street or sidewalk in
• front or alongside his place of business at a greater distance there-
from than twelve (12) inches, and then only in enclosed cases, merely
for display and not for sale; except upon application and written
approval of the Chief of Police of the City of Ithaca or to the Commons
Advisory Board with regard to such activities to be held on the Commons
pursuant to Chapter 70 of the Ithaca Municipal Code.
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
Section 3.11 (B) of the Ithaca City Charter.
Carried Unanimously
Towing Service
Keith Messenger, Keith's Towing Service, addressed the Council,
speaking in favor of the proposed amendment to Chapter 60, "Traffic
and Vehicles."
Bruce Shindhelm, Finger Lakes Wrecker Service, addressed the Council,
speaking in favor of the proposed amendment to Chapter 60.
Alderman Elect Raymond Schlather requested that action on the proposed
ordinance be deferred until more extensive hearings can be held.
Fie commented that the ordinance deserves a closer look in areas of
storage cost, towing from private property and the handling of towing
mistakes.
Tabling Resolution
By Alderman S1attery: Seconded by Alderman Boothroyd
RESOLVED, That an ordinance amending Chapter 60 entitled "Traffic and
Vehicles" of the City of Ithaca Municipal Code be tabled for addi-
tional review.
Ayes (3) - Boothroyd, Slattery, Saccucci
Nays (7) - Banf:.ield, Nichols, Schuler, Dcnni:;, Cutenherger,
Holman, Boronkay
Nut on Defeated
358 _6- December 2, 1981
Resolution
13y Alderman Slattery: Seconded by Alderman Gutenberger
ORDINANCE• NO. 81 -5
AN ORDINANCE AMENDING CHAPTER 60 UNTITLED "TRAFFIC AND VEHICLES"
OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New fork, as follows:
Section 1. That Chapter 60 entitled "Traffic and Vehicles" Of
the City of Ithaca Municipal Code is amended as follows:
1. That Subdivision B of Section 60.61 entitled "Storage and
Charges" is hereby amended to read as follows:
!I
"B(1). After removal of any vehicle as provided in this Article,
the Ithaca Police Department may cause such vehicle to be stored in
a suitable place at the expense of the owner. Such owner, or persons
in charge of the vehicle, may redeem the vehicle upon payment to the
Police Department or the responsible Wrecker Service facility the
amount of all expenses actually and necessarily incurred in effecting
such removal not to exceed the removal charges as established by
Common Council.
Removal charges are hereby establisher] as follows:
Ord:inory removal charges shall not exceed $35.00 total charge.
" Ordinancy removal" means the removal of any vehicle that does not
require special equipment such as dollies, flat beds, ramps, jacks
or slings.
Special removal charges shall not exceed $60.00 total charge.
"Special removal" means the removal of any vehicle that requires
llill
special equi.pmeut--such as dollies, flat beds, ramps, jacks or slings.
Extraordinan>� removal charges shall be based on the actual" cost
of the use of the extraordinary equipment, plus labor charges.
"Extraordinary removal" means the removal of any vehicle requiring
the use of a crane or other extraordinary equipment other than regular
or special towing equipment.
"B(2). A fee not to exceed $10.00 may be charged by the Wrecker or
Tow Service operator to Q owner or operator of any vehicle requiring
removal services as provided in this Chapter, whenever the owner or
operator appears to remove the vehicle after the Wrecker or Towing
Service operator has been dispatched or arrives, but before the
vehicle has been hooked up for towing or removal..
"B(3). A fee not to exceed $15.00 may be charged by the Wrecker or
Towing Service operator to the owner or operator of any vehicle
requiring removal services as provided in this Chapter whenever the
owner or operator appears to remove the vehicle after the Wrecker or
Towing Service operator has hooked up the vehicle ffor towing or
removal, but before the vehicle has been removed from the scene.
"B(4). Storage fees not. exceeding $5.00 per day or fraction there
of may be charged by the Wrecker or Towing Service after the vehicle
has been stored for more than 24 hours.
"B(5). A schedule of fees as listed in this section shall be
posted in a conspicuous area on the premises of each Wrecker or
Towing Service operator ::nd shall be made available upon demand by
the general public.
Section 2. This Ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter.
-7-
Discussion followed on the floor.
December 2, 18519
A vote on the resolution resulted as follows:
Carried Unanimously
Common Council recessed at 9:48 p.m.
Common Council reconvened in regular session at 10:00 p.m.
COMMUNICATIONS FROM THE MAYOR:
Cormnon Council —Me,--qngs
hlayor 13ordoni. annciuncced that there will be a meeting of the Common
Council on January 1, 1982, at 11:00 a.m., in the Common Council
Chambers. Ile also informed the Council that there lay be one or two
special meetings of the Council prior to December 1981.
Nuclear Freeze
Mayor Bordoni read a message from C. Judson Kilgore, M.D.P.C. as
follows:
F�- "Dear Mayor Bordoni
Congratulations to you for the wisdom and courage to endorse
nuclear freeze.
Q C. J. Kilgore
Q Please convey my thoughts to the Council. In a town like Ithaca
and a county like Tompkins, such forthrightness is commendable."
Mayor Bordoni commented that lie had taken the opportunity to present
to the persons working at the local level on a nuclear freeze
campaign a proclamation which in part embodied the intent of the
Council at an earlier Council meeting. lie expressed appreciation to
• the Council for having made the initial move in support of the freeze.
NYSEG
Mayor Bordoni called attention to a letter from NYSEG, copies of which
were distributed to the Council members, relative to the City of Ithaca
Energy Commission and its request that completion of the Nine Mile
Point II nuclear power plant near Oswego be opposed.
CITY ATTORNEY'S REPORT:
City Attorney Shapiro reported that the city is currently doing repairs
to creek banks, levees, etc. on Fall Creek required as a result of the
flood in October. Part of the work requires city forces to go on
private laud owned by Bowtak Inc., who have asked for a general release
from the city to them with respect to any liability for damage or
injury which might arise from the city using or entering upon their
premises. He asked for authorization for the Mayor to sign a release.
Resolution
By Alderman Boothroyd: Seconded by Alderman Boronkay
RIiSOLVIiD, This Council authorizes the Mayor to sign a general release
to Bowtak Inc. so that work on Fall. Creek ni;iy continue.
Carried Unanimously
i
Billboard Removal
City Attorney reported that regarding billboard removal on Elmira Road
supplemental me morandums of law are going bacic and forth; lie could
**moo, not predict when a decision may come down as the final case has not
j yet been submitted to the court.
Cornell Ilci its
City Attorncy Shapiro reported that this case was submitted to the
court. There is a lengLhy delay and at this t:i-me there would be no
advantage to the city to push for a decision.
360 December 2, 1981
-s-
BUDGET AND ADMINISTRATION COMMITTEE:
Commons in Salary for 1952
By Alderman Gutcnberger Seco— ncle(Fby Alderman Slattery
RESOLVED, That the Commons Coordinator salary for tho year 1982 be
increased from $5,000 to $5,450. Carried Unanimously
1981 Flood DamaZe Capital Project
By Al�lcerman Gutcnberger: Seconded by Alderman Boothroyd
WHEREAS, the Board of Public Works has requested this Common Council.
to establish a capital Project for the repairs to Cit'.y -owned
facilities damaged during the October 1981 flood, and
WHEREAS, the City Engineer has submitted an estimated cost of $750,000
for these repairs;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council. hereby
authorizes the establishment of a capital project to be known as
"198I Flood Damage," Project No. 193, in the amount of $750,000, and
BE IT FURTHER RESOLVED, 'That financing for this project be provided
from the following sources:
Capital Reserve 84 -- Bridges $150,000
Bond Anticipation Note 500,000
General Fund. Appropriation 26,000
Water Fund Appropriation 68,000
Sewer Fund Appropriation 6,000
X50,00(1
Carried Unanimously
Transfer of Funds
By Al erman Gutcnberger: Seconded by Alderman Saccucci
RESOLVED, That this Common Council approves the following transfer
funds to the "1981 Flood Damage" Capital Project No. 193:
From: Capital Reserve
No. 4 - Bridges
$150,000
1981
General Fund
Contingent Account
263000
1981
Water Fund
Contingent Account
4,000
1981
Water Fund
Unemployment
Insurance
Account
4,000
1981
Sewer Fund
Contingent Account
6,000
Carried
Unanimously
ole
Bond Anticipation Note Authori.iation
lay Alderman Gutcnberger: Seconded ITy Alderm: +,n Boothroyd
RESOLVED, That the City Controller is hereby authorized and directed
to request Bond Council to prepare a Bond Resolution in the amount of
$500,000 for 1981 flood damage project,
Discussion followed on the floor.
A vote on the resolution resulted as follows;
Carried Unanimously
New York State Office of the Aging Appl.i_cation
By Wlderman Gutenherg,cr Seconded by Alderman Boothroyd
WHEREAS, the City of Ithaca is about to submit an application for
continuation of the Recreation for the Elderly, and if approved,
to apply subsequently to the State of New York fo'r partial reim
bursement. of funds expended on said project as provided by Sections
541 -546 of Article 19 - -J of the Executive Law of New York entitled
Recreation Programs for the. Elderly;
NOW, 'THEREFORE, B1, 1'1' RESOLVED, That such appl i.cation i.s in all
respects approved and Raymond Bordoni, Mayor, is hereby directed
and authori.7r.d to duly execute and Submit. said application to t:he
New York State Office for the Aging fur its oppru -al.
Carried Unani.mousl:y
I
December 2, 1611
Advertisement To Bid Fire Engine
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the Fire Commissioners in conjunction with the City
Purchasing Department are hereby authorized to advertise for a fire
engine to be delivered in 1982, and
BE IT FURTHER RESOLVED, That this Common Council must approve the
acceptance of any of the bids received.
Carried Unanimously
Appointment of Purchasing Agent
By Alderman Gutenberger: Seconded by Alderman Boothroyd
WHEREAS, John C. Clynes has passed the required Civil Service
examination for the position of Purchasing Agent and is qualified
to fill the position in accordance with Civil Service Rules and
Regulations;
NOW, THEREFORE, BE IT RESOLVED, That John C. Clynes be permanently
appointed to the position of Purchasing Agent at his present salary
of $22,410, effective November 12, 1981.
Discussion followed on the floor.
N A vote on the resolution resulted as follows:
W Carried Unanimously
Q
Q Community_Development Agent Agreement
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the Mayor is hereby directed and authorized to
execute an agreement with the Ithaca Community Development Agency
for Code Enforcement and Inspections to be provided by the City's
Building Department.
Carried Unanimously
Final Audit for 1981
BY Aleerman Guteiboyger: Seconded by Alderman Boothroyd
RESOLVED, That Budget and Administration Committee and City Controller
be empuwered to approve and audit for payment any final bills for 1981
as may require such action.
Carried Unanimously
Fire Contract
By Alderman Gutenberger: Seconded by Alderman Slattery
RESOLVED, That the contract between the City and `town of Ithaca, for
fire service from January 1, 1981 to December 31, 1983 be approved,
and that the Mayor and City Clerk be authorized to sign and execute
on behalf of the City.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
1982 Tax Bill Enclosure
By Alderman Gutenberger: Seconded by Alderman Saccucci
WHEREAS, the City Chamberlain has requested permission to enclose
a 'fax Information Flyer with the 1982 City of Ithaca Tax bills,.and
WHEREAS) it is necessary for Common Council to approve all enclosures;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council authorizes
the enclosure of a Tax Information Flyer with the 1982 City of
Ithaca Tax bills.
Carried Unanimously.
Adoption of 1982 City Budhet
Ity :1lderman Gutenberger: Seconded by Alderman Boothroyd
WHEREAS* this Common Council has reviewed the Executive Budget as
proposed by Mayor Raymond Bordoni, and the Budget and Administration
Committee recommendations, and
WHEREAS, it is the consensus of this Common Council that the total.
appropriation and estimated revenues are adequate for the operation
of the City for 1982;
362 -10- December 2, 1981
NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca Budget for
1982, in the total amount of $14,116,850 be approved, and
BE IT FURTIIER RESOLVED, That the following sections of the 1982 Budget
be approved:
(A) General Fund Appropriations
(B) Revenue Sharing Fund Appropriations
(C) Water Fund Appropriations
(D) Sewer Fund Appropriations
(E) Commons Assessment Fund Appropriations
(F) General Fund Revenues
(G) Revenue Sharing Fund Revenues
(H) Water Find Revenues
(I) Sewer Fund Revenues
(J) Commons Assessment Fund Revenues
(K) Debt Retirement Schedule
(L) Capital Projects
(hl) Schedule of Salaries and Positions - General Fund
(N) Schedule of Salaries and Positions - Water and Sewer Fund
(0) Authorized Equipment Purchases - General Fund
(P) Authorized Equipment Purchases - Water and Sewer Fund
•I
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Slattery
Aye
Saccucci
Aye
Nay
Schuler
Aye
Aye
Holman
Nichols
Aye
Dennis
Boronkay
Aye
Gutenberger
Aye
Banfield
Aye
Boothroyd
Aye
Ayes (9)
Nay (1)
optio n of 1982 City Tax Rate
By Ad Alderman Gutenberger: Seconded by
RESOLVED, That the Council waives the
concerning adoption of 1982 City Tax
Carried
Alderman Boothroyd
reading of the resolution
Rate.
Carried Unanimously
By Alderman Gutenberger: Seconded by Alderman Boothroyd
WHEREAS, the 1982 City of Ithaca Budget was approved, adopted and
confirmed in the total amount of $14,116;850 on December 2, 1981,
in accordance with a detailed Budget Statement on file in the office
of the City Controller, and
WHERE %, available and estimated revenues total $10,412,454, leaving
$3,704,396 as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for
Assessment Department of Tompkins
approved and shows the total net
and
1982, certified and filed by the
County, has been footed and
taxable valuation of $296,351,683,
WHEREAS, under Charter provisions the tax limit for City purposes
amounts to $5,542,004 for 1982;
NOW, THEREFORE, BE IT RESOLVED, That the Tax Rate for general purpose.
for the fiscal year 1982 be, and the same hereby is, established and iJ
fixed at $12.50 per $1,000 of taxable valuation as shown, certified
and extended against the respective properties on the 1982 Tax Roll. ,
thereby making a total, tax levy as near as may be of $3,704,396, and
BE IT FURTHER RESOLVED, That the amount of said tax levy be spread
and the same hereby is levied upon and against the respective
properties shown on said City Tax Roll in accordance with their
respective net taxable valuation, at the rate of $M S0 per $1,000
of such taxable valuation, and
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December 2, AP
BL' I'T FURTHER RESOLVED, That the City Chamberlain be, and hereby is,
directed to extend and apportion the City Tax as above, and that upon
the completion of the extension of said Roll, the City Clerk shall
prepare a warrant on the City Chamberlain for the collection of said
levy; and the Mayor and City Clerk hereby are authorized and directed
to sign and affix the corporate seal to such warrant and forthwith to
file the same with said Roll with the City Chamberlain, and
BE IT FURTHER RESOLVED, That upon the execution and filing of said
warrant and Tax Roll with the City Chamberlain, the amounts of the
City Tax set opposite each and every property shall hereby become tax
• liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto, and
BE IT FURTHER RESOLVED, That the total sum of $14,116,850 be appropri-
ated in accordance with the Budget as adopted, to the respective boards,
offices and departments of the City for the purposes respectively set
forth therein. The 1982 Assessment Roll has been completed an,l
approved by the Assessment Department of Tompkins County and resulted
in the following valuation:
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Valuation of Land
Valuation of Buildings
Total Value of Real Property
Less: Value of Exempt Property
Plus: Value of Special
Franchises
Net Value of 'Taxable Property
Discussion followed on the floor.
$ 87,790,500
483,386,96'1
$571,177,461
290,477,450 (50.85 %)
$280,700,011
15,651,672
$296,351,683
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Boothroyd
Aye
Banfi.eld
Nay
Gutenberger
Aye
Boronkay
Nay
Nichols
Aye
Dennis
Aye
Holman
Nay
Schuler
Aye
Saccucci
Aye
Slattery
Aye
Ayes (7)
Nays (3)
Carried
Tax Penalty Refund
By Alderman Gutenberger: Seconded by Alderman Baufield
RESOLVED, That a tax penalty of $25.20 paid by Mr. Aaron Lewis on
1981 tax bills be refunded.
Ayes (8) - Ban Field, Boronkay, Dennis, Holman, Nichols, Saccucci,
Schuler, Slattery
Nays (2) - Boothroyd, Gutenberger
Carried
Audit
13y Vl.derman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $11,802.20, as
lasted on Audit Abstract 1122/1981, be approved for payment.
Carried Unanimously
William Holcomb Associates contract_
By Aldermain Gu£cuLerg r Seconded by Alderman Slattery
WHEREAS, the Budget for 1982 has been adopted by Common Council
resolution, and
364 -12- December 2, 1981
WHEREAS, the budget has established funds to continue to utilize a
labor negotiator to negotiate on behalf or the City of Ithaca;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council hereby
authorizes Mayor Bordoni to sign a contract with William Holcomb
Associates for a period of one year in the amount of $12,000. The
period of the contract shall be 1 January 1982 through 31 December,
1982.
Carried Unanimously
Sidewalk Assessments
y Alderman Gutenberger: Seconded by Alderman Slattery
WHEREAS, the Board of Public Works levied sidewalk assessments on
July 22, 1981 for the construction of sidewalks at various locations
in the City of Ithaca, and
WHEREAS, a Public Clearing thereon was held by sai' Board on November
24, 1981, at which time the Board took action to finally approve
said assessments and filed schedule thereof with the Council for
confirmation and final approval;
NOW, THEREFORE, BE IT RESOLVED, That said assessments in the total
amount of $6,387.98 (schedule attached) be and the same hereby is
approved and confirmed, and
!I
BE IT FURTHER RESOLVED, That the City Clerk he, and hereby is,
directed to prepare a warrant on the City Chamberlain in accordance
with such schedule for the collection of said assessments; and that
the Mayor and City Clerk be authorized to sign and execute such warrant,
whereupon all such assessments will become due and payable from the
date of execution thereof; and on all such assessments or portions
thereof remaining unpaid after the expiration of six months from the
date of such warrant, the City Chamberlain shall add and collect the
percentage thereon at the rate of 5% per annum, except and provided
however, that the City Chamberlain mdy allow persons to pay their
assessment, if the aggregate amount exceeds $25.00, in five equal
installments, with interest at 5 %, on or about June 1st each year,
provided however, that any person desiring to pay by installments
shall make application promptly in writing to the City Chamberlain;
and all properties having such assessments or portions thereof of
installment payments in arrears and remaining unpaid at the close of
any City Tax collection period shall be included by the City Chamber-
lain in a subsequent City Tax Sale held in November each year following
such City Tax collection period; and such property shalt be sold for
any unpaid assessments or portions thereof or any unpaid installment
payments, together with the outstanding balance of such installment
payments, together with all interest, fees and penalties that may have
accrued.
Carried Unanimously
Interim Intermunici.pal Agreement
By Alderman 6utenbeigerF Seconded by Alderman Slattery
RESOLVED, That an Interim Int.ermunicipal Agreement between the City
and the Towns of Ithaca and Dryden, for temporary financing of the
.local share of Phase II - Design of the Wastewater 'Treatment Plant
Project, through the issuance of $271,614,000 in Bond Anticipation
Notes, be approved, and that the Mayor be authorized to sign and
execute such Agreement on behalf of the City.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Self Insurance
By Alderman Gutenberger: Seconded by Alderman P,00throyd
WHEREAS, the current employee health insurance program (Blue Cross/
Blue Shield) has fb en affected by unprecedented rate increases, and
WHEREAS, a more cost effective alternative has been thoroughly
studied by the administration and employees;
NON', THEREFORE, BE 1T RESOLVED, That upon approval Of all the
respective Bargaining Units the Common Council agree to the following:
(Copy `attached to Official. Minute Book)
Carried lillalt i_PIel19I1'
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December 2, 1981G`
CHARTER AND ORDINANCE COMMI'T'TEE:
1 ra n�ping in City
Al erd ni1.aRetly reported that the committee had had discussions
with the State Department of Environmental Conservation officer and
members of the public and their unanimous recommendation is not to
revise Section 65.36 of Article III of Chapter 65 to ban legal
trapping in the City of Ithaca.
Boardman House -- Rezoning
Alderman Slattery reported he had received a communication from the
county regarding the rezoning of Boardman (louse from P -1 to B -lb,
which Alderman Nichols will report on under Planning and Development
Committee.
Sign Ordinance--reriLiest for review
Alderman Slattery reported thithe had received a communication from
Building Commissioner Hoard regarding the sign ordinance and
specifically its application regarding application for variance from
the Isle of You. The Board of Zoning Appeals passed the following
resolution by a vote of 6 -0:
"RESOLVED, That it is the sense of this Board that the definition
of signs provided by Section 34.3 -A -1 is as illustrated by the result
in petition 11 -1 -81, overly broad. The Board felt compelled by the
breadth of definition to conclude that what might otherwise have been
a useful and decorous feature of a revitalized commercial area was
outsized under the Ordinance and prohibited because the entire device
qualifies as a sign under the Ordinance. It is respectfully submitted
that Common Council might consider narrowing the definition of sign
accordingly."
Resolution
By Alderman Slattery: Seconded
RESOLVED, That a review of the
Charter and Ordinance Committee
by Alderman Nichols
sign ordinance be referred to the
of Council.
Carried Unanimously
PLANNING AND DEVELOPNENT COMMITTEE:
Boardman [louse- -reaupst for rezoning
Alderman Nichols repotted that a resolution passed by the Tompkins
County Board of Representatives asking that not only the Boardman
House and County Building C be rezoned from P -1 to B -1 -b, but also
included the county jail, courthouse, and additional county property
in the City of Ithaca DeWitt Park Historic District had been received
on November 18.
Resolution
By Alderman Nichols: Seconded by Alderman Slattery
BE IT RESOLVED, That the motion passed by the Tompkins County Board
of Representatives and forwarded to the City of Ithaca on November 18,
1981, is hereby referred to the Charter and Ordinance and Planning and
Development Committees of the Common Council, the Board of Planning
and Development., and the Ithaca Landmarks Preservation Commission for
recommendations and action by February 10, 1982.
Carried Unanimously
C:ommuni y Devel.opmeit Commission--extension
By Alderman Nichols: Seconded by Alderman Slattery
BE IT RESOLVED by the Common Council, That Local Law No. 3 of 1975
( "To Establish a Community Development Commission ") is hereby extended
for an additional five -year period to expire in June 1985, as provided
in the text of the local law as passed by the Common Council.
City Attorney Shapiro commented that since the Commission was estab-
lished by Local law and included in the Charier, amendment of it
requires another local law. City Attorney Shapiro agreed to prepare
a local law to be presented to the Council.
Resolution
A- AI ern ;in Dennis: Seconded by Alderman Slattery
RE SOLVIii), That the City Attorney is directed to prepare a local lau
extending the Community Development Commission.
Carried Unanimously
366 _14- December 2, 1981
Status Re�ol its
Alderman Nichols commented that since only one of the present members
of the Planning and Development Committee will be continuing on the
Common Council after January 1, 1982, the desire of every city resident
for an orderly transition to the new administration is enhanced by
filing an official report of matters now pending and recently referred
to the Planning and Development Committee, as follows. The order
assigned numerically does not indicate the importance assigned to each
topic or the schedule for its appearance before the Common Council.
1. Rezoning the Boardman House and other County property
2. Rezoning former gas station properties in residential neighborho
3. Changes in status of former school buildings and college dormitor.
4. Legal definition of new pedestrian way created behind buildings on,
the south side of the Ithaca Commons by the public improvements
constructed in conjunction with the Ithaca Center project, especially
with regard to the desire for additional signage
5. Rezoning former school buildings
6. Redevelopment of Nest State Street.
7. Possible closings and construction of new fire stations
8. Revision of the sign ordinance to require removal of signs adver-
tising businesses that no longer exist
9. Reminder to the Common Council that the Planning Board works most
effectively with a representative from each ward in the City
10. Reminder to the incoming Mayor that one member of the Board of
Public Works should be a liaison member of the Planning Board
11. Route 96 Design Committee is meeting with representatives of New
York State Department of 'Transportation regarding City concerns
in the design state of the Route 96 project
12. American City Corporation is scheduled to report on Phase Two of
the Collegetown study if they have not already done so by this date
13. Report of Recycling Task Force
*See page 17 (Continuation of Planning; and Development Committee).
HUMAN SERVICES COMMITTEE:
Gadabout Transh.rtatton Services, Inc.--Funding for 1982
By Alderman Schuler Seconded by A:Ide nnan 11olman
WHFREAS, in 1980- the City of Ithaca funded the Gadabout Transporta-
tion Services, Inc. to provide transportation services to handicapped/
disabled City residents, and
WHEREAS, that decision to fund Gadabout to provide this service was
made to assure the City's compliance with Section 504 of the Rehabili-
tation Act of 1973, as it relates to the provision of and accessibility
to transportation services, and
WHEREAS, the City concluded for 1980- 1981, and tentatively for 1982,
that Gadabout services will be funded by the City to comply with
legislation, and
WHEREAS, the Human Services Committee of Common Council requested an
assessment of certain aspects of the Gadabout Service be conducted by
the Human Service Coalition to help enable a final funding decision
for 1982 of Gadabout services, and
WHEREAS, the human Services Committee of Common Counc.i.l received a
final report entitled An Assessment of Gadabout Transportation
Services, Inc. from the human Services Coalition, and
WHEREAS, given the supportive data and findings of the Assessment
that continued funding is well substantiated, and
WHEREAS, the Gadabout Transportation Services will. record itemizat.ion��
of its ridership;
NOW, THEREFORE, BE IT RESOLVED, That the Human Services Committee of
Common Council recommends funding of the Gadabout: Transportation
Services, Inc. for 1982.
Discussion followed on the floor.
A vote on the resolution resulted as i:ollows:
C arr:iod Unanimon;ly
co
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Joggers and Visibility
Alderman Schuler repurted that the committee
problem and is looking into ways of dealing
December 2, 19367
has discussed the
with it.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Wastewater Treatment Facility
Alderman Slattery reported that the committee
ment with the Town on the joint ownership and
water treatment facility. Hopefully, before
a special meeting, the committee will be able
agreement.
is nearing final agree -
operation of the waste -
the end of the year, at
to bring a final
HUMAN S]RVICES COALITION:
ATJerman Iiolman commented that the staff dial a fine report on Gadabout
as an alternative.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Status o Pedestrian Lights, Cayuga and Green Streets
Alderman Holman asked the status of the pedestrian lights at Cayuga
and Green Street, and was informed by Mayor Bordoni that the request
was passed and approved by the State- and all that remains is to get
a man here to do the job.
City Hall Construction
Mayor Bo Boni. reported that December 20, 1981 is the target date for
completion of the ramp for access to the handicapped.
Pay Taxes Monthly
Alderman Slattery called attention to a newspaper article which
appeared in the Syracuse herald American on October 8, 1981 whereby
Councilor -at -large Bernard Mahoney suggested payment of property taxes
on the installment plan.
_ Resolution
• By Alderman Slattery: Seconded by Alderman Dennis
RESOLVED, That the idea of paying property taxes on the installment
plan be referred to the Budget and Administration Committee for dis-
cussion.
Carried Unanimously
NEW BUSINESS:
City of Ithaca Municial. Code
By Alderman Slattery: Seconded by Alderman Saccucci
RESOLVED, That the matter of a possible revision of the layout of
the Municipal. Code be referred to the Charter and Ordinance Committee
for review.
Carried Unanimously
Suggestion was made that a two - volume code might be more satisfactory.
Tioga. Street Bridge
By We rman Banfield: Seconded by Alderman Holman
MIEREAS, the Tioga Street bridge over Cascadilla Creek was severely'
damaged by flooding on October 28, 1981, and
WHEREAS, the bridge is not now structurally safe to support two -way
traffic on Tioga Street, and
• WHEREAS, there are several design and engineering alternatives for
repairing or replacing the bridge, and
WHEREAS, each of these alternatives will have impacts on the existing
traffic patterns, on the ability to withstand and prevent future
flooding, on the City budget, and on the Tioga Street residences,
as well as the Pall Creek Neighborhood;
NOW, THEREFORE, BE .I7' RESOLVED, That the Department of Planning f
Development is hereby directed to review, analyze and evaluate the:
neighborhood impact of various design and engineering alternatives
for repairing or replacing the bridge, specifically the alternatives
of rebuilding a flat bridge, of constructing a raised bridge, and of
converting the bridle to a pedestrian bridge, as well as any other
alternatives which the Department believes to he of possible value
to the City, and
368 _16_ December 2, 1981
BE IT FURTHER RESOLVED, That the Department of Public Works is
requested to assist the Department of Planning and Development in its
analysis, and
BE I1' FARTHER RESOLVED, That the Director of the Department of Planning
and Development is requested to submit a report outlining the evaluation
analysis and findings to Common Council at the earliest practical time.
Carried Unanimously
Proposed Questions for Energ Survey
Alderman Holman ealle dattention to a proposed survey prepared by the ;
Energy Commission which it wishes to be conducted this month.
Resolution
By Al erman Holman: Seconded by Alderman Schuler
RESOLVED, That the Common Council ask the Energy Commission to
consider RSVP as a mechanism for conducting the survey.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Commendation_ for Service
s: Seconded by Alderman Schuler
By Al— Icerman Denn
WHEREAS, the Common Council of the 70's has been responsible for
dynamic growth and revitalization in the City of Ithaca,
WHEREAS, a bipartisan team has supported programs for economic
development, neighborhood rebirth, downtown vitality and model
zoning,
WHEREAS, seven people have contributed a total of 81 years of dedica-
tion, loyalty, hard work, laughter, smoke - filled rooms, tears,
arguments, concern, sweat and love, �.
WHEREAS, Ray Bordoni., Rudy Saccucci, lion Slattery, Dick Boronkay, �-
John Gutenberger, Ethel Nichols and Bob Boothroyd have comprised the
core of the dedicated team that has contributed so much to this
special place we call Ithaca, New York;
RESOLVED, That Raymond Bordoui is commended for his five years of
service to the City of Ithaca as an elected official..
BE IT FURTHER RESOLVED, That Richard J. Boronkay is commended for his
13 years of service to the City of Ithaca as an elected official.
BE IT FURTHER RESOLVED, That Ethel B. Nichols is
twelve and one -hplf years of service to the City
elected official.
BE IT FURTHER RLSOLVED, That Rudolph Saccucci is
16 years of service to the City of Ithaca as an
BE IT FURTHER RESOLVED, That John C. Gutenberger
his 11 years of service to the City of Ithaca as
commended for her
of Ithaca as an
commended for his
31ccted official.
is commended for
an elected official.
BE IT FURTHER RESOLVED, That Donald J. Slattery is commended for his
lA years of service to the City of Ithaca as an elected official.
BE IT FURTHER RESOLVED, That Robert L. Boot:hroyd, Jr. is commended _
for his eight and one -half years of service to the City of Ithaca
as an elected official. Carried Unanimously
Affirmative Action Report
The Common Council iickno�al.edged receipt of the Affirmative Act_iou
Report.
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December 2, 1469
Executive Session
By Alderman Boothroyd: Seconded b% Alderman Gutenberger
RESOLVED, That the Council adjourn into Executive Session at
11:24 p.m. to discuss a personnel matter.
Carried Unanimously
i Resolution
I3y Alderman Boothroyd: Seconded by Alderman Slattery
RESOLVED, That the Council reconvene in Regular Session at
11:55 p.m.
Carried Unanimously
116 i
Resolution
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the Mayor be authorized and directed to execute a
conciliation agreement in respect to the Human Rights complaint of
I Constance Ilolcomb, in the lump sum settlement amount of $6,000,
subject to the approval of the City Attorney.
Carried Unanimously
j *CONTINUATION OF PLANNING AND DEVELOPMENT COMMITTEE:
Continuation -of Ur ban___ Renewal Plan
By Alderman Nichols: Seconded by .=alderman Slattery
N WHEREAS, the Ithaca Urban Renewal Plan may be construed to expire
W in December 1981, and
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{ Q WHEREAS, many of the Urban Renewal Programs are continuing, and
WHEREAS, the Ithaca Urban Renewal .Agency has recommended that the
Ithaca Urban Renewal. Plan be continued for seven (7) years;
NOW, THEREFORE, BE IT RESOLVED, That upon the recommendation of the
Charter and Ordinance and Planning and Development Committees,
Common Council continue the Ithaca Urban Renewal Plan for a period
of seven (7) years commencing January 1, 1982.
Carried Unanimously
ADJOURNMENT:
bi a motion the meeting adjourned at 11:58 p.m.
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knorl�..; - - -C - i._ -I 4_1'_____ - - -- - 1.4C'eOnt/
o,elih A. Rundle, City Clerk and Bordoni., Mayor