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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 -11- 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: N Q a 4� 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' LA Q Q • -13- 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 N W Q a -15- 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. -17- 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 •;a { 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. �1 - -- knorl�..; - - -C - i._ -I 4_1'_____ - - -- - 1.4C'eOnt/ o,elih A. Rundle, City Clerk and Bordoni., Mayor