HomeMy WebLinkAboutMN-CC-1982-03-03COMMON COUNCIL PROCEEDINGS 411
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. March 3, 1982
PRESENT:
Mayor - Shaw
Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdsworth, Holman,
Killeen, Myers, Schlather, Schuler
OTHERS PRESENT:
City Controller - Spano
Dep. City Controller - Cafferillo
City Attorney - Tavelli
Director, Youth Bureau - Cutia
Fire Commissioner - Anderson
Fire Chief - Tuckerman
Building Commissioner - Hoard
Police Chief - Herson
Director, Planning & Development - Van Cort
Representatives T.C. Board of Representatives - Nichols, Stein
City Clerk - Rundle
(�y� PLEDGE OF ALLEGIANCE:
aor Shaw le all present in the Pledge of Allegiance to the American
N fl
w g
< MINUTES:
Q By Al erman Dennis: Seconded by Alderman_Schlather
RESOLVED, That the Minutes of the February 3, 1982 and February 16,
1982 meetings be approved as recorded by the Clerk, with the
following correction to the February 3 minutes:
Page 6, Tioga Street Bridge Construction, paragraph following
resolution, last sentence o Alderman Hoffman's comments
should read:
He said it appears to him that preservation of the existing
traffic patterns is the overriding objective, and thinks the
Council should admit the opportunity had been given them to
maximize flood control at that bridge by replacing the bridge
with a higher pedestrian span.
Carried Unanimously
Alderman Killeen called attention to MAYOR'S APPOINTMENTS- -Board of
Fire Appeals, on page 11 of February 3, 1982 minutes, commenting
that he didn't know if it were typographical or procedural, that it
is his understanding that the appointment to the Board of Fire
Appeals required consent of Common Council but the minutes read,
"Mayor Shaw informed the Council that he was appointing W. David
Banfield...." Mayor Shaw answered that he intended to correct
this statement under MAYOR'S APPOINTMENTS.
SPECIAL ORDER OF BUSINESS:
Public Hearing on Proposed Z
xesolution to U en Public Hearin
By Alderman chlat er: Secon e by Alderman Holdsworth
RESOLVED, That the Public Hearing on Proposed Zoning Map Amendment
be opened.
Carried Unanimously
Donald Lifton, 925 N. Tioga Street, Commissioner, Ithaca Landmarks
Preservation Commission, addressed the Council, commenting that
last year the county informally inquired what the city reaction
might be to rezoning Boardman House to permit a more easily salable
property, and Council then asked the Ithaca Landmarks Preservation
Commission to look into it and make recommendation to Council. The
Commission did so and asked Mr. Lifton to summarize for Council what
they had done. He said the Commission appointed a subcommittee which
he chaired. The subcommittee made recommendation to the Commission
after talking with city officials and staff, county officials and
staff, and looking into it itself. The recommendation from the
Commission is to zone the area from its current P -1 status to B -lb.
412
-2- March 3, 1982
The Commission would prefer that the county use the building itself
as an office building, that would probably be the most optimum use
of the building, but the Commission did not feel that it should take
steps or participate in the process to require the county to only
use it in that manner. Mr. Lifton said there are other alternative
uses for the building which, under B -lb, might apply to the building.
If the building were sold the Commission, because it is in an historic
district, would still have oversight of the facade of the building
to try to insure that its integrity is' maintained.
Resolution to Close Public Hearing
By Alderman Schlather: Seconded by Alderman Holdsworth
RESOLVED, That the Public Hearing on Proposed Zoning Map Amendment
be closed.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
By Alderman Schlather: Seconded by Alderman Holman
ORDINANCE 82 -1
AN ORDINANCE AMENDING THE ZONING MAP OF CHAPTER 30 ENTITLED
"ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING ZONING MAP
"1. That the "Official Zoning Map of the City of Ithaca, New York
as last amended, is hereby amended and changed so that the following
described area presently located in the P -1 Public and Institutional
District is reclassified and changed to the B -lb Restricted Business
District:
All that tract• -or parcel of land bounded on the south by the north
line of the right -of -way of East Buffalo Street, on the north by a
line parallel to and one hundred twenty -five (125) feet from the said
right -of -way line, on the east by the present boundary of land
presently zoned B -lb, which line is one hundred thirty -eight and
ninety -five hundreths (138.95) feet west of the west right -of -way
line of North Tioga Street, and on the west by the east boundary of
land known as DeWitt Park, which line is two hundred sixty -six and
five tenths (266.5) feet east of the east right -of -way line of North
Cayuga Street."
2. That in accordance herewith the City Clerk is hereby directed
to make or cause to be made the necessary changes on said Zoning Map.
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect
law upon publication of a notice as
Ithaca City Charter.
Discussion followed on the floor.
immediately and in accordance with
provided in 63.11(B) of the
Alderman Holdsworth inquired if on -site parking is required.
Alderman Schlather reported that the B -lb district does not require
on -site parking; there is no parking required. In that connection,
too, there was originally some reservation by the County Planning
Department as to our specification of a lot depth on the zoning map
of 125'. The County Planning Department had previously requested
that this only be set at 115' because of concern about creating
precedent when they deed the property. Mr. Schlather said he under-
stands these reservations have been worked out, upon the Charter and
Ordinance Committee's assurance as to the intent of the ordinance.
Alderman Schlather read the following statement into the record:
"By establishing a zoned depth of 125' it is not Common Council's
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intention to require the county to deed the full 125' at any conveyance
of the Boardman house. Common Council recognizes that a conveyance of
the Boardman house premises which specifies only a 115' depth satisfies
the city's rear -yard requirements if current representation by the
County Planning Department regarding lot dimensions and building loca-
tion are accurate. Common Council does not expect this depth require-
ment shall be increased in order to compensate for any side yard
deficiencies for which a variance will be required upon any sale and
reuse of the Boardman house."
Alderman Schlather commented that the bottom line here is that we are
creating a zone with 125' depth. Obviously, by creating that zone
that doesn't create any comparable requirement that they deed the
entire depth of the zone. They can deed whatever they want as long
as what they are deeding satisfies our zoning requirements: Assuming
i what they are telling us is true, regarding dimensions and building
locations, the 115' depth does satisfy the existing rear -yard require -
ments. He noted though that the side -yard deficiency, which will be
generated upon subdivision of these premises from County office
building C, will require a variance, and.the County is well aware of
(� that.
O
,i Because there has been some indication of reservation, Adlerman
Schlather asked the county at this point to indicate for the record
Q that they have no objection.
Q County Planning Director, Frank Liguori, spoke to the Council, saying
that Alderman Schlather had expressed the problem very well. With
the statement made he.said the County would no longer have any
j objection. He said it is recognized that they will have to submit
an application for the subdivision of the property and, in addition,
I for a variance on the side yard. He said the County's prime concern
is that they would like to clear all these arrangements before the
property is actually offered for auction so that a person purchasing
• the property at the auction would be assured of a good honest title
to do whatever they will propose to do under the B -lb zoning ordinance.
He said the way is clear now to make application and they are assured
they will not have to add an-additional 10' to the rear yard of the
property, and with that they are completely satisfied.
A vote on the resolution resulted as follows:
Carried Unanimously
COMMUNICATIONS:
Mayor Shaw called attention to five communications received in his
office, as follow:
Letter and attachment dated 2/15/82 from Center for Local Food
and Agriculture addressing concern over the Ithaca Community
Gardens
Letter dated 2/26/82 from Deborah Jaffe, 222 Dryden Road, Apt. 2A,
which also addresses concern over the Ithaca Community Gardens
Letter to Common Council, Att: Mayor Shaw, from James Ray, Chairman
Public Works Committee of T.C. Board of Representatives, regarding
Ice Jam Flooding. Mayor Shaw referred this letter to the Board of
Public Works.
Letter from Gov. Hugh L. Carey soliciting input on ways to commem-
orate the 100th birthday of Franklin Delano Roosevelt in this, the
centennial year. Mayor Shaw requested that interested members of
the Council take on this responsibility.
Unsigned letter dated 3/3/82 regarding pushcarts on the Commons.
Mayor Shaw commented that he is disinclined to answer unsigned
letters.
Mayor Shaw informed the Council that copies of the letters will be
available in the City Clerk's office.
454
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March 3, 1982
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Repaving o State Street
Lauren Stiles, 119 Linden Avenue, on behalf of Historic Ithaca, Inc.,
read the following statement concerning the brick pavement on East
State Street:
"The East State Street brick pavement was installed in 1930 and
131 (and not in 1940/41 as stated in the Ithaca Journal). After
50 years of increasingly intensive use and almost no regular main-
tenance, it remains in a remarkable serviceable condition. A half
century of survival is a record for any road. State Street now,
however, needs major work. What form should this work take?
Cities like Geneva and Penn Yan have recognized the historic .
and aesthetic value of stretches of brick pavement in their cities.
They have balanced this against the lower initial installation costs
for asphalt. The beauty and durability of the brick is worth more
than the initial savings but higher and more frequent maintenance
costs of asphalt. Endicott is now working to preserve stretches of
its brick pavement. Albany has a street that is nearly 75 years old
and needs no significant repair. Ithaca should contact these cities
for concrete details before making its own decision.
It is not fair or accurate to simply compare the initial installa-
tion costs of brick versus asphalt. The relative maintenance costs of
both should be compared. The brick, if cared for, should last another
40 to 50 years. The asphalt will not!
At its February 11, 1982 meeting, the Board of Historic Ithaca
voted unanimously to recommend the retention of the brick pavement on
State Street.
If the pavement is removed on State Street, the same arguments
will be used to justify taking up the brick on Stewart Avenue which
is flanked by a historic district. These brick paved streets have
served us well for half a century. It is a fantastic paving material
The skill to lay the brick can be taught to DPW employees. Before
destroying this highly distinctive part of our cityscape, Ithaca
deserves to know how other neighboring cities saved their pavement.
Historic Ithaca urges the City to contact other cities which
have had comparable experiences to find out the true long -term costs.
Historic Ithaca and, in particular, its Architectural Conservator
are anxious to work with the City on this question."
Beverly Baker, 320 S. Geneva Street, spoke to the Council concerning
the brick pavement on E. State Street, imploring Common Council to
reconsider and hold off until all the facts are in. In addition, she
indicated willingness to donate $100 toward saving the bricks.
Ithaca Community Gardens
Diane Rutherford, Coordinator of Community. Gardens, addressed the
Council on the possibility of the Community Gardens being sold to a
private developer and asked the Council for help in finding a solution
to the needs of the people for another plot of ground for gardens.
Mayor Shaw informed Ms. Rutherford that the matter will be discussed
at a meeting of the Community Development Committee to be held Monday
evening, March 8, 1982.
Douglas Dylla, 109 Auburn Street, spoke to the Council in respect to i— .
Community Gardens, asking that Common Council reaffirm their commit-
ment to the project. He also asked that the Council direct some
questions to Lockwood's agent to clear up some of the questions.
The following persons also spoke to the Council in favor of the
Community Gardens:
Judy Green, 313 Washington Street
Kri.stina Elmstrom, 117 Sears Street
Carolyn Peterson, 110 Day Street
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March 3, 1982
Pushcart Appeal
Janet Hanna, R.D. #2, Marathon, N.Y., asked to appeal the Commons
Advisory Board's decision to deny herself and her partner a permit
to operate a pushcart on the Commons.
City Attorney Tavelli informed Ms. Hanna that basically the Commons
Advisory Board requested that Common Council allow the participation
of mobile vending carts on the Commons, and that the CAB be designated
to establish all rules, regulations and fees regarding such carts.
That motion waii defeated six no, five yes. According to what he was
told they dic`fspecifically address Ms. Hanna's request for a pushcart.
He said there is no ordinance now which prohibits pushcarts, nor is
there a Council resolution. Apparently each case has to be taken on
its own merits. He advised that Ms. Hanna should appear at the next
meeting to make application for permit to operate pushcart.
Mayor Shaw suggested asking the City Attorney to meet with the chair
of the Commons Advisory Board and the Common Council Liaison to try
to resolve specifically whether the Commons Advisory Board has denied
the permit. If it has, Ms. Hanna can make appeal to the Common Council
in writing, filing the appeal with the City Clerk.
N Community Gardens
W Alderman Ho fman spoke in respect to the community gardens, asking
Q Council to reaffirm its support for the project and to communicate
to the parties involved the desire of the City to work this out, if
< at all possible. He said that so far what has occurred since the
new purchase offer was put in has all been behind the scenes. Most
of the community has not been aware of this issue until tonight. He
said he thinks operating within that.context has been to the disad-
vantage of those who want to see the community gardens continue. The
community, including the parties directly involved in this, need to
know that there is a depth of feeling about the continuation of the
gardens. He indicated that at some point in the meeting he would
like to put forth a motion of Council's support of the purchase of
the property and appeal to the parties involved to try to make the
purchase possible.
Mayor Shaw suggested that a motion be put forth under NEW BUSINESS.
COMMUNICATIONS FROM THE MAYOR:
Presentation of Certification to City Clerk
Mayor Shaw presented City Clerk Rundle with a certificate from the
International Institute of Municipal Clerks who have awarded the
designation of Certified Municipal Clerk to City Clerk Rundle.
Utopian City
Mayor haw read an article from the May 1981 issue of Moneyworth
entitled "Utopian City Was In Penna." which describes the search of
one family to find the perfect new hometown, which turned out to be
Allentown, Pa. Ithaca, N.Y. was one of the final three locations
they chose from.
MAYOR'S APPOINTMENTS:
Mayor Shaw informed the Council that it had been brought to his
attention, and rightfully so, that appointment to the Board of Fire
Appeals requires Council approval. He requested a nomination from
Council for David Banfield to serve on that Board for one year.
Resolution
By Al erman Killeen: Seconded by Alderman Clynes
RESOLVED, That the Council approves the appointment of David Banfield,
Chairman of Human Services Committee, to the Board of Fire Appeals
for a term to expire December 31, 1982.
Carried Unanimously
Mayor Shaw commented that it: is -unclear.- -hbw-. long -the appointments
are for, that there were some past appointees who didn't have clear
designations how long it was, and he asked several to continue at
least through the end of this year so that he could put them back into
the terms that they are supposed to serve. lie indicated that Bob
Anderson, who was present, was one who has served on that board and
expressed appreciation to Mr. Anderson for his willingness to continue
for the remainder of the year.
416 -6- March 3, 1982
Rt. 96 Desi n Committee
Mayor S aw in or the Council that he had asked Alderman Myers to
serve on the Rt. 96 Design Committee as Council representative; in
addition, Alderman Clynes has agreed to be actively involved -- attend
meetings, etc.
Conservation Advisory Council
Mayor Shaw-7—equested approval for appointment of Robert Brown,
313 W. Seneca Street, to the Conservation Advisory Council for
to expire December 31, 1982 to fill the vacancy caused by the
tion of Jennifer Hanna.
Jr.,
a term
resigna-
Resolution
By erman Hoffman: Seconded by Alderman Holman
RESOLVED, That the Council approves the appointment of Robert Brown,
Jr. to the Conservation Advisory Council as youth representative for
a term to expire December 31, 1982.
Carried Unanimously
Mr. Brown took the oath of office and was sworn in by the City Clerk.
Mayor Shaw requested approval for appointment of Susan Szasz, 100
Fairview Square, to the Conservation Advisory Council for a term to
expire December 31, 1983.
Resolution
By Al erman Holdsworth: Seconded by Alderman Dennis
RESOLVED, That the Council approves the appointment of Susan Szasz,
100 Fairview Square, to the Conservation Advisory Council for a term
to expire December 31, 1983.
Carried Unanimously
Mayor Shaw requested approval for appointment of Linda Carpenter,
203 South Hill Terrace, to the Conservation Advisory Council for a
term to expire December 31, 1983.
Resolution
By Ammerman Holman: Seconded by Alderman Killeen
RESOLVED, That the Council approves the appointment of Linda Carpenter,
203 South Hill Terrace, to the Conservation Advisory Council for a
term to expire December 31, 1983.
Carried Unanimously
Municipal Surgeon
Mayor Shaw requested approval for appointment of Antonio V. Lim, M.D.,
13 Highgate Circle, as Municipal Surgeon for a term to expire December
31, 1983.
Resolution
By Alderman Banfield: Seconded by Alderman Schuler
RESOLVED, That the Council approves the appointment of Antonio V. Lim,
M.D., 13 Highgate Circle, as Municipal Surgeon for a term to expire
December 31, 1983.
Carried Unanimously
CITY ATTORNEY'S REPORT:
City Attorney Tavelli reported that there is no court decision yet
on the billboards.
City Attorney Tavelli reported, with respect to the Cornell Heights
residential case, pre -trial discovery is being started in the next J
term of court;,the earliest the case will reach the courts is August,
1982, or possibly not until 1983.
CITY CONTROLLER'S REPORT:
City Controller Spano gave a brief report with respect to federal money
the City will receive for repairs to Six Mile Creek wall. The project
will be handled through the Soil Conservation Service. Based on their
estimates the total cost will be $726,000, of which $690,000 will be
for repair to the creek walls from Clinton Street bridge to Wilcox
Press building, and $36,000 will be for administrative costs of the
Soil Conservation Service. The City's share of the project will be
20 percent, or roughly $1.38,000, either in cash or in -kind services, or
a combination of both. O'Brien & Gere are to provide the Engineering
-7-
March 3, 1982 417
Department of the City with their figures; if they come in higher
the federal government said they will submit a supplemental request
but there is no guarantee that we would receive any additional funds.
At present, the City, through bond resolution, has set aside $276,000
which should be more than enough to pay the City's share of the
$690,000 cost.
Discussion followed on the floor.
• CHARTER AND ORDINANCE COMMITTEE:
Pro sed Amen ment to Municipal Code Section 60 31, Maximum Speed
Limit
By Alderman Schlather:. Seconded by Alderman Holman
ORDINANCE 82 -2
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES"
OF THE CITY OF ITHACA MUNICIPAL CODE
(y) BE IT ORDAINED AND ENACTED by the Common Council of the City of
N Ithaca, New York, as follows:
LLJ SECTION 1. That 860.31 of Chapter 60 entitled "Traffic and
Q Vehicles" of the City of Ithaca Municipal Code be and the same is
Q hereby amended to read as follows:
860.31 Maximum Speed Limits
Thirty (30) miles per hour is hereby established as the maximum
speed at which vehicles may proceed on or along highways within the
corporate limits of the City except on the following highways:
1. Meadow Street - Northeast Arterial (Route 13) between Hancock
Street and -Dey Street where forty (40) miles per hour is
hereby established as the maximum speed.
2. Northeast Arterial (Route 13) between Dey Street and the
north City line, where the State -wide fifty -five (55) miles
per hour is hereby established as the maximum speed.
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
COUNCIL MEETING DATE FOR APRIL 1982
By Alderman Schuler: Secon e by Alderman Clynes
RESOLVED, That the Regular meeting of the Council scheduled on April
7, 1982 be rescheduled to Monday, April 5, 1982 to avoid the conflict
of scheduling a meeting on the eve of Passover.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
A lication of C an D Trans orton for Consent To Operate a Motor
Bus Line Between the Villages of Enatidicott Owego an Newar Valley
y lde maH or Ithaca, New York
By Alderman Schlat er: Seconded by Alderman Myers
WHEREAS, C and D Transportation Company has made application for
consent to operate a motor bus line between the Villages of Endicott,
Owego and Newark Valley and the City of Ithaca, New York, and
WHEREAS, The Transportation Corporation Law requires that before such
consent be given by the City there must be a public hearing upon
public notice concerning the contents of the application;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council hold a public
hearing at its Regular monthly meeting to be held on April 5, 1982
at 7:30 p.m. in the Common Council Chambers located at 108 E. Green
Street, Ithaca, New York to consider an application of the C and D
Transportation Company for consent to operate a motor bus line between
the Villages of Endicott, Owego and Newark Valley and the City of Ithaca,
New York, and
I •
March 3, 1982
BE IT FURTHER RESOLVED, That the City Clerk be and he is hereby
directed to advertise the contents of this resolution in the official
newspaper of the City as is required by law, and give notice to all
other municipalities involved. Carried Unanimously
Council recessed at 9:10 p.m.
Council reconvened in Regular session at 9:20 p.m.
HUMAN SERVICES COMMITTEE:
Acce tance o f Youth Bureau Annual Re ort z
By Al erman an le l Secon e by 1 an Killeen
RESOLVED, That the Council accepts the 1981 Annual Report of the
Youth Bureau Board.
Carried Unanimously
Acce tance of Fire De artment Annual Re ort
By Alderman Ban iel : Secon e by A erman Holman
RESOLVED, That the Council accepts the 1981 Annual Report of the
Ithaca Fire Department.
Carried Unanimously
Arson Contrerman ol Plan
By Al Ban ield: Seconded by Alderman Schuler
WHEREAS, the City of Ithaca has entered into an agreement with the
New York State Department of State Office of Fire Prevention and
Control, hereinafter "State," for the receipt and disposition of an
arson grant, and
WHEREAS, as a term of this agreement the City must.submit an updated
arson control plan to the State at the conclusion of the grant
project, and
WHEREAS, the County of Tompkins has entered into a similar agreement
with the State for similar purposes and with similar requirements,
and —
WHEREAS, it is in the best interests of the City of Ithaca to
coordinate and possibly consolidate its arson control plan with
that of the County of Tompkins;
NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Fire Department
be and it is hereby directed to explore every way possible to
coordinate and consolidate the arson control plan for the City of
Ithaca with that of the County of Tompkins, and that a progress report
be made to the Human Services Committee at its June meeting; and
BE IT FURTHER RESOLVED, That before the updated arson control plan
required under the agreement with the State is submitted to the State,
the same shall be submitted to Common Council for its review; modi-
fication and approval no later than August 15, 1982.
Carried Unanimously
Meetin Date
Al erman Banfield announced that the next meeting of the Human Services
Committee will be held on March 16, 1982 at 8:00 p.m. in the Conference
Room, at which time the committee will discuss and formulate a
resolution concerning the police canine unit. Reports will be prese
by the Police Chief and Commissioners, copies of which will be given
to the Mayor and Council for review prior to'the meeting.
BUDGET AND ADMINISTRATION COMMITTEE:
Extension of State and County Tax Warrant
By Alderman Holman: Seconded y Al erman Banfield
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the 1982
State and County Taxes until June 1, 1982.
t Carried Unanimously
I�
Q
March 3, 1982419
1982 City Budget Amendment
By Al erman Holman: Seconded by Alderman Banfield
WHEREAS, the City of Ithaca has accepted an Arson Action Grant from
the State of New York, in the amount of $5,800, and
WHEREAS, the 1982 adopted City Budget does not reflect the expense
or income of this Grant;
NOW, THEREFORE, BE IT RESOLVED, That the 1982 adopted City Budget be
amended as follows:
Increase Fire Department Operating Account
A3410 -250 Other Equipment 2,700
A3410 -310 Office Supplies 2,400
A3410 -433 Travel and Mileage 700
5,800
Increase State Aid Income
A3889 Arson Action Grant $5,800
Carried Unanimously
1982 Authorize d E ui ment List Amendment
By Alderman Holman: Secon ed by Alderman Schuler
RESOLVED, That the 1982 Authorized Equipment List for the Fire
Department be amended to include the purchase of the following
items required for the Arson Action Program.
1 - Sniffer Detector W /Charger $1,000
1 - SLR Camera W /Lenses, Flash, Case 1,250
2 - Rechargeable Flashlights 250
1 - Latent Print Search Kit 200
2,700
Carried Unanimously
Civil Service Agreement
By Alderman Ban field: Seconded by Alderman Schlathex
RESOLVED, That the Mayor and City Clerk be authorized and directed
to execute an Agreement between the City of Ithaca and the Ithaca
City School District for performance by the City of services in
connection with Civil Service matters for the period July 1, 1982
to June 30, 1983, in an amount of $11,237.73, payable to the City
of Ithaca on or before November 1, 1982.
Carried Unanimously
Youth Bureau Employee Salary Increase
By Alderman Banfield: Seconded by Alderman Holdsworth
RESOLVED, That Gary June, Recreation Assistant with the Youth Bureau,
be granted a salary increase to $4.36 per hour as requested by the
Youth Bureau Director, effective March 1, 1982.
Carried Unanimously
No. 9 Fire Station Insulated Window Treatment
By Alderman Banfield: Seconded by Alderman Holdsworth
RESOLVED, That seven (7) windows at No. 9 Fire Station be equipped
with window quilts, at a cost not to exceed $800.00, and
BE IT FURTHER RESOLVED, That $800.00 be transferred from the General
Fund Contingent Account A1990 to the Fire Department Account A3410 -419
Property Maintenance.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Hoffman, Schuler, Dennis, Holdsworth, Holman, Myers,
Clynes
Nays (3) - Schlather, Banfield, Killeen
Carried
420 -10- March 3, 1982
Bid Acce tance for New Fire En ine
By Al erman Ban iel : Secon e y Alderman Schlather
WHEREAS, the Board of Fire Commissioners of the City of Ithaca has
received bids for furnishing a 1000 GPM fire engine for delivery/in
1982, and
WHEREAS, the Board of Fire Commissioners has reviewed the bids for
compliance with specifications and recommends acceptance of the low
bid received from Saulsbury Fire Equipment Corporation in the amount
of $81,357;
NOW, THEREFORE, BE IT RESOLVED, That Saulsbury Fire.Equipment Corpor
tion be awarded the contract for furnishing a 1000 GPM fire engine
for its low bid of $81,357, and
BE IT FURTHER RESOLVED, That payment for.this vehicle be made from
Capital Reserve 915 - Fire Engines.
Carried Unanimously
D.P.W. Personnel Roster Amendment
By Alderman Banfiel : Secon e by Alderman Holman
RESOLVED, That this Common Council establishes the title of Automotive
Mechanic Helper, at Grade 25 of the 1982 Compensation Plan, as
requested by the Board of Public Works, and
BE IT FURTHER RESOLVED, That the 1982 approved Personnel Roster for
the Department of Public Works be amended as follows:
Delete - 2 Maintenance Workers (Garage Section)
Delete - 1 Maintainer (Transit Division)
Add - 3 Automotive Mechanic Helper (C & M Division)
Carried Unanimously
Tom kins Count Youth Bureau Lease A reement
By Al erman Banfield: Seconded by Alderman Holman
RESOLVED, That fhe Mayor and City Clerk be authorized and directed t
execute an Agreement between the City of Ithaca and Tompkins County
for the leasing of space at the Community Service Building to the
Tompkins County Youth Bureau for the period January 1, 1982 to
December 31, 1982, at a monthly rental of $115.00, to be paid to the
City of Ithaca on or before the 5th day of each and every month.
Carried Unanimously
Local Advisory Board of Assessment Review_
Appointments:
By Alderman Holman: Seconded by Alderman Killeen
RESOLVED, That the Common Council appoint Jean Spitzer, 112 Orchard
Place, to the Local Advisory Board of Assessment Review for a term
to expire December 31, 1982.
Carried Unanimously
By Alderman Schlather: Seconded by Alderman Schuler
RESOLVED, That the Common Council appoint Lani Peck, 516 Chestnut
Street, to the Local Advisory Board of Assessment Review for a term
to expire December 31, 1982.
-- Carried Unanimously
Audit
By Alderman Banfield: Seconded by Alderman Holman
RESOLVED, That the bills audited and approved by the Budget and
Administration Committee, in the total amount of $10,482.67, as
listed on Audit Abstract 94/1982, be approved for payment.
Carried Unanimously
Tabulation of Appointments
Alderman Holman asked that the Clerk's Office prepare a tabulation
of the appointments that are made by Common Council, the Mayor, and,
the Mayor in consultation with the Council, and that a copy of the
tabulation be given to the Mayor also and the Council.
-11-
March 3, 1982421
PLANNING AND DEVELOPMENT COMMITTEE: ,
Ithaca Hy drop Commission
By Alderman Dennis: Seconded by Alderman Killeen
WHEREAS, a hydropower plant has been proposed at Ithaca Falls on
Fall Creek, and
WHEREAS, the City of Ithaca will be required to take a position
concerning the construction of such plant;
NOW, THEREFORE, BE IT RESOLVED, That Common Council, acting upon the
recommendation of its-Planning and Development Committee, does
hereby create and establish the Ithaca Hydropower Commission, and
BE IT FURTHER RESOLVED, That said Commission shall consist of a
representative from each of the following organizations, said
representatives to be appointed by the President or Chairman of each
organization unless otherwise noted:
Planning and Development Committee Fall Creek Civic Association
Planning and Development Board Trout Unlimited
City Energy Commission (2 representatives) Ecology Action
(y) Conservation Advisory Council
Ithaca Landmarks Preservation Commission
Community at- large, with expertise in hydropower or hydrodynamics
W (2 representatives to be recommended by Chairman of the Planning and
Development Committee), and:-,,
a
BE IT FURTHER RESOLVED, That the Ithaca Hydropower Commission be
charged to perform the following tasks:
1. To make the Planning and Development Committee and Common Council
aware of relevant information and developments regarding the
proposed hydropower plant.
2. To review and analyze the current proposals for constructing the
plant and toz inform Council of the major aspects and impacts of
each.
3.
To
investigate the potential environmental impacts
of constructing
a
hydropower plant, suggesting mitigating measures
where possible.
4.
To
review the Federal Power Act and its implementing
regulations
to
determine all possible City reactions /responses
to the
proposals.
5.
To
investigate the feasibility of City construction
and operation
of
the hydropower plant.
6.
To
serve as the coordinating body for review of the
issue by a
variety
of groups and agencies.
7. To assist in educating the public concerning all aspects of the
project through information gathering and dissemination.
BE IT FURTHER RESOLVED, That the Department of Planning and Development,
Department of Public Works and the City Attorney are directed to
provide staff assistance to the Commission, and
BE IT FURTHER RESOLVED, That the Commission shall report to the
Planning and Development Committee its findings, together with a
recommendation(s) concerning appropriate City actions to be undertaken,
on or before April 28, 1982.
Amendment to Resolution
By Alderman Clynes: Seconded by Alderman Banfield
RESOLVED, That the main resolution be amended by including a member
of the Circle Greenway Committee to the Hydropower Commission.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
422 -12- March 3, 1982
Amendment to Resolution
By Alterman c lat er: Seconded by Alderman Banfield
RESOLVED, That the main resolution be amended to include a further
group to be represented, namely, the Board of Public Works, and
BE IT FURTHER RESOLVED, That in the third BE IT FURTHER RESOLVED,
the Department of Public Works be added following the Department of
Planning and Development, and
BE IT FURTHER RESOLVED, That within the composition of the Commission
Community at- large, the parenthetical phrase read: (.2 representatives:
to be recommended by the Chairman of the Planning and Development
Committee for approval by Common Council.
Carried Unanimously
Main Motion as Amended
iHEREA , a hydropower plant has been proposed at Ithaca Falls on Fall
Creek, and
WHEREAS, the City of Ithaca will be required to take a position con-
cerning the construction of such plant;
NOW, THEREFORE, BE IT RESOLVED, That Common Council, acting upon the
recommendation of its Planning and Development Committee, does hereby
create and establish the Ithaca Hydropower Commission, and
I
BE IT FURTHER RESOLVED, That said Commission shall consist of a
representative from each of the following organizations,.said repre-
sentatives to be appointed by the President or Chairman of each
organization unless otherwise noted;
Planning and Development Committee
Planning and Development Board
City Energy Commission (2 representatives)
Conservation Advisory Council
Ithaca - Landmarks Preservation Commission
Fall Creek Civic Association
Trout Unlimited
Ecology Action
Circle Greenway Committee
Board of Public Works
Community at- large, with expertise in hydropower
or hydrodynamics (2 representatives to be recom-
mended by Chairman of the Planning and Develop-
ment Committee for approval by Common Council)
and
BE IT FURTHER RESOLVED, That the Ithaca Hydropower Commission be
charged to perform the following tasks:
1. To make the Planning and Development Committee and Common
Council aware of relevant information and developments re-
garding the proposed hydropower plant.
2. To review and analyze the current proposals for constructing
the plant and to inform Council of the major aspects and
impacts of each.
3. To investigate the potential environmental impacts of
constructing a hydropower plant, suggesting mitigating
measures where possible.
4. To review the Federal Power Act and its implementing —
regulations to determine all possible City reactions /responses
to the proposals.
S. To investigate the feasibility of City construction and
operation of the hydropower plant.
G. To serve as the coordinating body for review of the issue
by a variety of groups and agencies.
7. To assist in educating the public concerning all aspects of
the project through information gathering and dissemination.
-13-
March 3, 1982 423
BE IT FURTHER RESOLVED, That the Department of Planning and Develop-
ment, Department of Public Works and the City Attorney are directed
to provide staff assistance to the Commission, and
BE IT FURTHER RESOLVED, That the Commission shall report to the
Planning and Development Committee its findings, together with a
recommendation(s) concerning appropriate City actions to be under-
taken, on or before April 28, 1982.
Carried Unanimously
County Office Relocation
By Alderman Dennis: seconded by Alderman Schuler
WHEREAS, officials of Tompkins County are considering relocation of
service facilities in the near future to the Biggs Complex, and
WHEREAS, such a relocation may deny Ithacans access to essential
public services, and
WHEREAS, a decision to relocate should not be made in the absence
of a thorough assessment of its impact;
NOW, BE IT RESOLVED, That the Common Council, upon recommendation of
the Planning and Development Committee, request that the County make
(Y public the data and criteria on which the decision to relocate County
N services is being made ;.and
W BE IT FURTHER RESOLVED, That the Mayor of Ithaca is hereby directed
Q to immediately begin discussions with appropriate County officials
Q concerning the suspension of social service relocation until such time
as the effect on City residents of the relocation on County service
provision can be assessed, and
BE IT FURTHER RESOLVED, That the Mayor report back to the Common
Council at its April 1982 meeting regarding progress of his discussions
with Tompkins County officials.
Stuart Stein, Tompkins County Board of Representatives, presented an
• update regarding the relocation of service facilities: The issue,
since it has beeh�discusse, in the community, has generated additional
interest on the part of various groups. As a result there seems to
have been some individual studies of various kinds that were started
to be undertaken, including the one in the City Planning Office. This
led to a request by County Planning Director Liguori to the Planning
Committee of the Human Services Coalition for a study to be done by
that Planning Committee of the impact on the recipients of the services
of the various groups that would be involved in the move of the county
offices. At that day's meeting of the County Board of Representatives
Mr. Liguori presented a report that he is essentially attempting to put
together all of the data that is pertinent to this topic on an objective
basis and will have other groups review this data and each group develop
its own policy decision. March 16, 1982 was the date on which the
Board of Representatives had intended to make their decision; however,
in light of the information given them by Mr. Liguori, and the intent
to submit the report to the Board of Representatives on March 16, the
Board of Representatives have extended the date of making their decision
to their regular meeting on April 20, 1982.
Amendment to Resolution
By Alderman Holman: Seconded by Alderman Schuler
RESOLVED, That the last two Resolved paragraphs be deleted and a final
paragraph be added as follows:
RESOLVED, That the City of Ithaca request the Planning Committee of the
Human Services Coalition to examine the social impacts of the proposed
relocation of county offices from downtown Ithaca to the Biggs Complex.
Discussion followed on the floor.
A vote on the amendment resulted as follows:
Carried Unanimously
Main Motion as Amended
WHEREAS, officials of Tompkins County are considering relocation of
service facilities in the near future to the Biggs Complex, and
WHEREAS, such a relocation may deny Ithacans access to essential public
services, and
424 -14- March 3, 1982
WHEREAS, a decision to relocate should not be made in the absence of
a thorough assessment of its impact;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council, upon recom-
mendation of the Planning and Development Committee,request that the
County make public the data and criteria on which the decision to
relocate County services is being made, and
BE IT FURTHER RESOLVED, That the City of Ithaca hereby requests the
Planning Committee of the Human Services Coalition to examine the
social impact of the proposed relocation of county offices from
downtown Ithaca to the Biggs Complex.
Carried Unanimously
O
Pro osed Re air of East State Street
By Al erman Dennis: Secon e by Al erman Schuler
RESOLVED, That the Common Council, upon recommendation of the Planning
and Development Committee, request that the Board of Public Works delay
a final decision on the proposed project to repave the brick portion
of East State Street pending receipt of a.final recommendation on the
comparative life -cycle costs of brick paving versus asphalt, as well
as consideration of esthetic and historic factors; and
BE IT FURTHER RESOLVED, That such information be provided by the
Ithaca Landmarks Preservation Commission to the Board of Public Works
on or before March 24, 1982.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Hoffman, Killeen, Schuler, Myers, Clynes, Dennis,
Holdsworth, Holman
Nays (2) - Banfield, Schlather.
Carried.
N
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Mayor Shaw commented that there would be no report inasmuch as there
is no committee. Alderman Killeen commented that it is his under-
standing that there are still negotiations to be conducted with the
Town of Ithaca regarding the sewer contract. Mayor Shaw told him
that a Joint Sewer Committee has been created to handle these matters.
Alderman Killeen then asked, "if discussions come up between the Town
and City about fire services, etc., what will be the framework through
which such discussions will occur? Is this an Intergovernmental
Committee mechanism, or will we wait for the formation of this
committee to negotiate initial services ?" Mayor Shaw replied that
he is experimenting with letting the substantive committees and the
liaisons handle it,and, as necessary, he serves as liaison to the Town.
CONSERVATION ADVISORY COUNCIL:
Alderman Hoffman reported that the Council had not met for several
months due to the lack of a quorum; however, that problem is being
remedied. Three new members have been appointed to the Council and
the next regular meeting will be on March 23, 1982. He reported
that the three nominees and the two remaining members of the Council
had met with him and Mayor Shaw informally on February 23, 1982, at
which time they discussed some of the issues which they expect to be
dealing with during the coming year: road salting, recycling, the
proposed State bottle bill, toxic chemical problems, and the task of .
gathering information and disseminating it to the community. Two ✓
other issues which they did not discuss are Rt. 96 and hydropower.
Alderman Hoffman commented that in looking through the City Charter
he discovered that appointment of the Council liaison to the
Conservation Advisory Council needs to be approved by the Council;
indeed Council can have two liaisons, rather than one, on this
Council. He offered the following resolution:
Resolution
By Alderman Hoffman: Seconded by Alderman Killeen
RESOLVED, That Alderman Nancy Schuler be appointed as second liaison
to the Conservation Advisory Council.
Carried Unanimously
-Is-
March 3, 1982425
Mayor Shaw requested approval of the Council for the appointment of
Alderman Hoffman to the Conservation Advisory Council.
Resolution
By Al erman Killeen: Seconded by Alderman Schlather
RESOLVED, That the Council approve appointment of Alderman Dan Hoffman
as liaison to the Conservation Advisory Council.
Carried Unanimously
Recycling Task Force
Alderman Hoffman reported that the Recycling Task Force, last
September, made a preliminary report to the Common Council with a
number of recommendations, one of which was that the Task Force be
reconstituted at such time as the county has received information
from the consultant they hired to study the solid waste issue from
the county perspective, in order to update their report. He said
that the county consultant has filed reports., and it seems appropriate
to finalize the Task Force Report. He said the Mayor has suggested
that the information might be turned over to the new CAC and let them
decide how to complete the.report as a way of minimizing the number
P of people meeting or involved in finishing this task. Alderman
(y) Hoffman intends to bring this suggestion to the CAC and the appropriate
(\J committee of Council which he assumes to be the Planning and Develop -
ment Committee as that was the committee that handled it to begin with.
Q REPORT OF SPECIAL COMMITTEES:
Q Human Services Coalition
Alderman Holman reported that the 1982 Board Officers are as follow:
Chairperson
Vice Chairperson
Treasurer
Secretary
Eva Mae Musgrave
Edward Lutz
Anne T. Jones
Lawrence Watson
Alderman Holman provided the Council with copies of the 1982 Work
Plan and Information and Referral statistics. The report on delivery
of youth services in the City described in the work plan is to be
delivered on September 1, so it may be used in budget discussions.
The Coalition continues to assess the effects of cuts in human services
funding and is collecting data for a report which is expected to be
ready for April.
ITHACA URBAN RENEWAL AGENCY /CO
Strand Theatre
Mayor Shaw reported that at a
the Agency authorized staff to
steps to contract and complete
Strand Theatre, with a vote of
closely with the Strand Board.
DEVELOPMENT
meeting the previous Monday evening,
proceed immediately with necessary
various restoration plans for the
5 -0. The Agency intends to work
ITHACA ENERGY COMMISSION:
Alderman Holman reported that a report had been submitted to the
Planning and Development Committee. There are four foci (structures)
for 1982:
1. Accounting and Cost Benefits to provide a better breakdown of
city energy costs and to develop an energy budget for the City
of Ithaca.
2. Ideas, Inc. to develop an incentive program for city employees who
suggest conservation measures in the workplace.
3. Target applications to examine city energy usage and develop a
comprehensive energy use policy.
4. Communications to inform department heads and commissions /boards
of Energy Commission functions and activities.
426
-16- March 3, 1982
TOMPKINS COUNTY BOARD OF REPRESENTATIVES:
Representative Nichols commented that t e effects of state and federal
budget cuts are beginning to be felt at the county level, one item
being the decision on whether to continue funding the Nutrition Pro-
gram at the same level since the state is cutting back on their share.
It seems that two- thirds to three - fourths of meals served are served
inside the City. Many of the people pay for their meals. The County
decided that they would continue the funding at the present level.
Mrs. Nichols reported that former Director of Social Services, Robert
Wagner, resigned on February 19, and has been temporarily replaced b
the Deputy County Administrator, Mr. Richard Weiss, who will handle
the department until a permanent replacement is hired. _
UNFINISHED AND MISCELLANEOUS BUSINESS:
Pushcarts on t e Commons
Alderman Schlather commented that it seems to him that Council is being
asked to render a policy decision. If they want carts on the Commons,
that sentiment should be directed back to the Commons Advisory Board
with instructions to implement carts on the Commons, sufficient regula-
tions, etc.
If they don't want carts on the Commons, obviously we should express
that sentiment as well. He said he would be glad to funnel it through
Charter and Ordinance Committee, and if it did come to his committee
it would be discussed at the meeting of March 22 and hopefully they
would have a recommendation for the Council at the April 5 meeting.
Mayor Shaw suggested that the City Attorney and Council Liaison, Nancy
Schuler, meet with the CAB Chair, Rev. Taylor, and Director, Linda
Lifton, to develop a method for CAB to review the specific proposal
before the CAB and the request of Council for generic regulation.
BOARD OF PUBLIC WORKS LIAISON'S REPORT:
Alderman Baifield reported he had received a reply from the Transit
Supervisor, with attachments which had been addressed to Alderman Ho 30
in 1977, which he'-read to the Council. He referred to a letter from
Mr. O'Brien, Transit Corp. of San Diego Maintenance Manager, who had
demonstration project with bike racks on buses, who cited high main-
tenance cost, rear -end accidents, problems in loading and unloading
the bikes thereby delaying the buses, high insurance claim rates, as
well as the cost of $2,000 per rack. Mr. Banfield reported he had
shared the information with Alderman Hoffman who will pursue the investi-
gation. Mr. Banfield asked what the wishes of the Council were, if he
should report back to the Council.
Alderman Holman commented that there may be some differences between
now and 1977 when consideration was given to attaching racks to all
buses instead of building them into the bid specifications.
Mr. Banfieid also reported that among the attachments were letters from
the Police Chief, citing seven concerns, and from the Asst. to the
Supt., citing another four concerns.
Alderman Killeen requested that the topic of bike racks on buses be
pursued further by the Board of Public Works.
NEW BUSINESS:
Commu— t Gardens
By Alderman Hof man: Seconded by Alderman Schuler
WHEREAS, it is in the interest of the citizens of Ithaca to promote
and support local food production, and to provide accessible garden
space for those who need it, particularly low= income families, and
WHEREAS, the Community Gardnes site in the Northside neighborhood
has served hundredsof low- income families for the past seven years,
and
WHEREAS, based on the mutual understanding that the present owners
of the site would sell the property to the City of Ithaca for $40,000,
the City applied for and received a $42,000 grant of Community Develop-
ment funds to purchase the property, and
WHEREAS, the present owners of the Community Gardens site are apparently
prepared to sell the property to a private party in the near future;
-17- March 3, 1982 427
RESOLVED, That the Common Council reaffirms its full support of the
proposal that the City purchase the Community Gardens site from the
present owners, using CD funds, and
BE IT FURTHER RESOLVED, That the Common Council appeals to all parties
involved to make this purchase possible, in spite of recent obstacles
and ,
BE IT FURTHER RESOLVED, That the Common Council directs Planning and
Development Department to give this matter high priority attention
until its resolution, and
BE IT FURTHER RESOLVED, That copies of this resolution shall be
forwarded by the City Clerk to the present owners of the Community
Gardens site and their attorney.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (3) - Hoffman, Schuler, Myers
(Y) Nays (6) - Banfield, Dennis, Holdsworth, Holman, Clynes,
N Schlather
W Abstention (1) - Killeen
< Motion-Defeated
Q Substitute Resolution
By Alderman olman: Seconded by Alderman Dennis
RESOLVED, That the Common Council of the City of Ithaca reaffirms its
support of the Community Gardens Program, and
BE IT FURTHER RESOLVED, That the Council requests the Community
Development Agency to consider and expedite the matter of the purchase
of the Community Gardens plot at its March 8 meeting.
Carried Unanimously
Collegetown -- Entertainment at Johnny's
Alderman Killeen commented that the Council should attempt.to do some-
thing about the problem unless they have a rapid multiplication of
this kind of entertainment in the city. He said that of the people
he has spoken with, many have no opinion yet because it has broken
upon their sensitivities so rapidly. He said he hasn't found many
supporters, but he has found quite a few opponents. He suggested a
possible way to proceed - -under the provisions of an ordinance under
circuses, carnivals, exhibitions and shows (Ch. 19, Item 2C) it
indicates that the Mayor may refuse to issue a license when in his
judgment the exhibition or show is likely to disturb the peace and
order of the city or is immoral or improper.
Resolution
By Alderman Killeen: Seconded by Alderman Schuler
RESOLVED, That for consideration and vote the Council enjoin the Mayor
to lift the license of this establishment in Collegetown because the
proceedings there are injurious to the peace and order of the community.
Discussion followed on the floor. Alderman Schlather strongly objected
to the resolution.
• Referral Resolution
By Alderman Dennis: Seconded by Alderman Schlather
RESOLVED, That the Council request the City Attorney to study the
question, tell. the Council what the perimeters are so they can act
on it or refer it to Committee for recommendation.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:28 p.m.
J ep A. Rundle,
s City Clerk William R. Shaw, Mayor