HomeMy WebLinkAboutMN-CC-1982-04-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
431
Regular Meeting 7:30 P.M. April 5, 1982
PRESENT:
Mayor - Shaw
Aldermen (9) - Banfield, Clynes, Dennis, Hoffman, Holman, Killeen,
Myers, Schlather, Schuler
ABSENT:
Alderman (1) - Holdsworth (Excused)
OTHERS PRESENT:
City Controller - Spano
City Attorney - Tavelli
Dep. City Controller - Cafferillo
Fire Commissioner - Anderson
City Clerk - Rundle
Director, Planning $ Development - Van Cort
Supt. of Public Works - Kinsella
Deputy Fire Chief - Reeves
City Engineer - Cox
PLEDGE OF ALLEGIANCE:
W Mayor Shaw le all present in the Pledge of Allegiance to the
Q American flag.
Q MOMENT OF SILENCE:
At t .- request of Mayor Shaw, the Council remained standing for a
moment of silence in memory of Adeline L. Shaw, former City Chamber-
lain.
Resolution
ByBy Alderman Holman: Seconded by Alderman Dennis
WHEREAS, Adeline L. Shaw worked for the City of Ithaca for 35 years,
and
{ WHEREAS, she served in an administrative capacity as City Chamberlain
for 15 of those 35 years, and
WHEREAS, Adeline L. Shaw served the City of Ithaca faithfully and
loyally and always with the interests of the City her foremost concern;
RESOLVED, That the City of Ithaca remembers her service to and interest
in it and extends sympathy to her husband, former Mayor Stanley C. Shaw,
and
BE IT FURTHER RESOLVED, That this resolution be spread upon the minutes
of this Common Council, and
BE IT FURTHER RESOLVED, That a copy be forwarded to former Mayor Stanley
C. Shaw.
Carried Unanimously
MINUTES:
y 1 erman Dennis: Seconded by Alderman Banfield
RESOLVED, That the Minutes of the March 3, 1982 and March 24, 1982
meetings be approved as recorded by the Clerk.
Carried Unanimously
ORDER OF AGENDA:
Mayor Shaw requested a change in the order of the agenda, moving
COMMUNICATIONS FROM THE MAYOR and :MAYOR'S APPOINTMENTS before
Items III, IV, V and VI.
No Council member objected.
MAYOR'S APPOINTMENTS:
Board of Zoning Ap ep als
Mayor Shaw requested approval of the appointment of Antoinette Bush,
417 Hudson Street, to the Board of Zoning Appeals for a term to expire
December 31, 1982, to complete the term of Peter Walsh who resigned.
432 -2- April 5, 1982
Resolution
By Amerman Holman: Seconded by Alderman Schlather
RESOLVED, That this Council approves the appointment of Antoinette
Bush, 417 Hudson Street, to the Board of Zoning Appeals for a term
to expire December 31, 1982.
Carried Unanimously
Ms. Bush took the oath of office and was sworn in by the City Clerk.
BOARD OF FIRE APPEALS:
Mayor Shaw requested approval of Council for the appointment of
Robert Anderson, 110 Auburn Street, to the Board of Fire Appeals •
for a term to expire December 31, 1983.
Resolution
By Al erman Banfield: Seconded by Alderman Killeen
RESOLVED, That the Council approves the appointment of Robert Anderson,
110 Auburn Street, to the Board of Fire Appeals for a term to expire
December 31, 1983.
Carried Unanimously
Mr. Anderson took the oath of office and was sworn in by the City
Clerk.
Planning and Development Board
Mayor Shaw requester the approval of Council for the appointment of
Dr. Everett M. Stage, 1022 Stewart Avenue, to the Planning and Develop-
ment Board for a term to expire December 31, 1984.
Resolution
By Ammerman Banfield: Seconded by Alderman Holman
RESOLVED, That the Council approves the appointment of Dr. Everett
M. Stage, 1022 Stewart Avenue, to the Planning and Development Board
for a term to expire December 31, 1984.
Carried Unanimously
Dr. Stage took the oath of office and was sworn in by the City Clerk.
Conservation Advisory Council
Mayor Shaw requested t e approval of Council for the appointment of
Carol Reeves, 303 Linn Street, to the Conservation Advisory Council
for a term to expire December 31, 1982.
Resolution
By Alderman Hoffman: Seconded by Alderman Banfield
RESOLVED, That the Council approves the appointment of Carol Reeves,
303 Linn Street, to the Conservation Advisory Council for a term to
expire December 31, 1982.
Carried Unanimously
Ms. Reeves took the oath of office and was sworn in by the City Clerk.
Board of Appeals on Building Code
Mayor Shaw requested the approval of reappointment of Robert Flumerfelt,
115 Campbell Avenue, to the Board of Appeals on Building Codes for a
term of office to expire December 31, 1984.
Resolution
By Amerman Clynes: Seconded by Alderman Schlather
RESOLVED, That the Council approves the reappointment of Robert
Flumerfelt, 115 Campbell Avenue, to the Board of Appeals on Building
Codes for a term of office to expire December 31, 1984.
Carried Unanimously
Youth Bureau Advisory Board
Mayor aw -requested the approval of appointment of David Wooley,
407 S. Geneva Street, to the Youth Bureau Advisory Board for a term
to expire December 31, 1984.
Resolution
By Alder-man Holman: Seconded by Alderman Schuler
RESOLVED, That the Council approves the appointment of David Wooley,
407 S. Geneva Street, to the Youth Bureau Advisory Board for a term
to expire December 31;'1984.
Carried Unanimously
-3-
April 5, 1983}3c�
Housing Board of Review
Mayor Shaw requested approval of appointment of Virginia Canestero,
201 Linn Street, to the Housing Board of Review for a term to expire
December 31, 1984.
Resolution
By Alderman Killeen: Seconded by Alderman Holman
RESOLVED, That the Council approves appointment of Virginia Canestero,
201 Linn Street, to the Housing Board of Review for a term to expire
December 31, 1984.
-- Carried Unanimously
Community Hospital Board
Mayor Shaw reportea that he is recommending Elinore Bly, 216 N. Geneva
Street, for appointment to the Community Hospital Board.
Tom kins Countv Youth Board
Mayor haw reported that he is recommending Jerome Small, University
Park Apts., for appointment to the Tompkins County Youth Board for a
term to expire December 31, 1982, completing the term of John Ford;
and Tina Peterson, 414 Madison Street, for a term to expire December
31, 1984.
co
N COMMUNICATIONS FROM THE MAYOR:
W Closin g of Rot sc it 's Department Store
Mayor Shaw spo a to t e Council concerning the recent announced closing,.
Q on Wednesday of last week, of Rothschild's Department Store. He
reported that he has talked with the local banks, Rothschild's manager,
former owner J. Rothschild, representatives from United Department Store;
members of the Common Council, chairmen of committees with responsibility
in this area, the City Attorney, representatives from Tompkins County
Industrial Authority, Tompkins County Area Development Corporation,
Downtown Business Association, Tompkins County Chamber of Commerce,
members on the creditors committee and potential tenants and developers.
These conversations have been an effort on his part to learn more about
• facts, figures, understandings and projections the closing may have on
the City. At this point in time facts are scarce and still developing.
The closing affects the jobs-of employees, downtown economy and sales
and property tax revenues. He said he expects to continue to work .
closely in a leadership capacity along with the people mentioned above
to pursue new tenants, considering all options, to try to restore this
cornerstone of our downtown community.
Resolution
By Alderman Dennis: Seconded by Alderman Holman
WHEREAS, the Rothschild's site at the southwest corner of the Aurora
Street end of the Commons is of vital interest to the City of Ithaca,
and
WHEREAS, the community has expressed its concern as to future occupants
of the site;
RESOLVED, That the Mayor and Common Council indicate their willingness
to assist in any and all ways in reaching a resolution which is in the
best interests of the City.
BE IT FURTHER RESOLVED, That the Common Council is willing to commit
the resources -of the Mayor, Planning Department and any other
appropriate agency to reach such a resolution.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearin - -C and D Trans ortation
By Al erman Schlat er: Seconded by Alderman Holman
RESOLVED, That the public hearing be opened to consider the applica-
tion of C and D Transportation, to operate a motor bus line between
the Villages of Endicott, Owego, Newark Valley and the City of Ithaca,
New York.
Carried Unanimously
'rim Joseph, Brooktondale, representative of Ecology Action, spoke to
the Council, urging approval of the application of C and D Transporta-
tion.
434 -4- April 5, 1982
Resolution
By Al erman Schlather: Seconded by Alderman Dennis
RESOLVED, That the public hearing to consider the application of
C and D Transportation be closed.
Carried Unanimously
Alderman Schlather noted that there would not be presented the
resolution for voting (Item XV -B) as C and D Transportation have
requested delay of one month in order to furnish further information
to the Charter and Ordinance Committee which it had not been able to
put together to date. He expects to present the resolution at the
May meeting of Common Council.
ADDITIONS TO THE AGENDA:
Charter and Or finance Committee
Alderman Schlather informed the Council that he had distributed copies
of resolutions concerning Items IV -A and C which were prepared after
the agenda was mailed. This was due to the committee meeting being
held after the agenda was prepared and mailed.
COMMUNICATIONS:
Mayor Shaw reported that he had received a communication from Alderman
Clynes that she would be willing to do some work with respect to the
Franklin Delano Roosevelt Centennial.
Tompkins County Economic Opportunity Corporation
Mayor Shaw reported that he had received a letter from Carol Sczepanski,
President, Board of Directors, Tompkins County Economic Opportunity
Corporation, addressing the community garden site, urging the City to
attempt to retain the present community garden site, asking the City to
assure the community a garden site for the 1982 growing season, and
promising all possible assistance in facilitating these efforts.
Mayor Shaw commented that he would share the communication with both
the Common Council and the Urban Renewal Agency.
Ratepayer's Hearing- -NYSEG
Mayor Shaw referred to a letter from Charles Minster, CSP and Cathy
Tezyk, POWUR, to the Ithaca City Council, inviting them to attend a '-
ratepayer's hearing in Auburn, N.Y. on Wednesday, April 7, at 7:30 p.m.
Two.groups, the Coalition for Safe Power and People Outraged With
Utility Rates, sponsored the hearing to be held at West Middle School
auditorium, 217 West Genesee Street to enable NYSEG bill payers to
voice their opinions on the latest 27% rate hike requested by the
utility.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Marlene Darfler, 212 Cleveland Avenue, presented the following petition
containing 19 signatures:
"We, the residents of the 200 block of Cleveland Avenue would like to
bring to the attention of the Common Council our concern regarding the
flow of traffic on our portion of Cleveland Avenue. Our block is
situated between Corn Street and Route 13. The Mister Donut shop is
at the Route 13 Corner. Our block, therefore, becomes the runway for
large commercial trucks, speeding cars, town trucks, telephone company
trucks, etc. on the way to and from Mr. Donut, as well as a short cut
for drivers trying to avoid the light at Clinton Street and Route 13.
We, the residents of Cleveland Avenue have tried to keep the resident ®I
atmosphere alive in the ever increasing commercialism of the South Si<
between Clinton and Green Streets, Plain and Meadow. This constant f—'W
and speed of traffic is making our block unsafe for children and noisy
and congested for residents. We are therefore asking Common Council
to consider directing the City Planning and Development Department to
consider studying the feasibility of restricting traffic on Cleveland
Ave.
Thank you for your time and consideration."
Mayor Shaw referred the petition to the Planning and Development
Committee for discussion.
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April 5, 1982 435
Commun.i Gardens I'r0'ect
Diane Ruther ord, Coordinator of Community Gardens project, addressed
the Council, urging them to make every effort possible to retain the
Community Gardens site.
Miss Rutherford presented the following petition, containing 138
signatures:
"Dear Mr. Mayor,
We, the undersigned, urge your strong support for the preservation of
the Ithaca Community Gardens at their present location. The Gardens
. provide about $10,000 worth of produce to the community every year
(approximately $400 for each of 250 households). Ninety -six percent
of garden users are below the poverty level. The present site is by
far the best location available, in terms of accessibility to those
who need it, and in terms of soil quality (it took six eea�rs of hard
work to build up that soil!) And city purchase of the land would not
cost city tax dollars: purchase money has already been provie
through federal community development grant. Saving the Gardens will
save money in food stamps and other aid.
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The City made a commitment to purchase the Gardens land, and should do
everything in its power to make good on that commitment. The Planning
Department and the City Attorney should be directed to make every effort
to complete the purchase as soon as possible. Approaches might include:
establishing that the City has legal claim to the land based on ex-
pressed intent to purchase; identifying the buyer and offering him /her
an alternative location on city property; rezoning the land to preclude
commercial development; enforcing the city's right of eminent domain.
Please help us save this invaluable community resource. Thank you."
*See page 15.
C0116 etown Development Program
Tom Hanna, 21n Eddy Street, spoke to the Council as representative of
the East Hill Civic Association, commenting that they were feeling a
little lack of airing of issues regarding the Collegetown Development
Program.
Alderman Dennis pointed out that according to the schedule of events,
after the resolution is.passed by the Council, it will then be taken
up by the IDRA. A joint meeting of the Planning and Development and
Budget and Administration Committees which includes all of Council
will be held (possibly April 14) at which time the Collegetown issue
will be aired.
CITY ATTORNEY'S REPORT:
Cornell' Heights Zoning Case
City Attorney'Tavelli reported that this case is still pending in the
courts. He said he appeared last Thursday; the matter is possibly on
the August 6 calendar, however, the judge also predicted it would not
be reached until February 1983 for the first arguments.
Topless Dancing
City Attorney Tavelli reported
courts have spoken with respec
was very close (4 -3) the Court
that topless dancing is a form
and is to be accorded at least
City of Ithaca would be better
the courts have spoken.
upon researching the subject, the
t to this issue and although the decision
of Appeals in clear language has stated
of expression, like art and sculpture,
limited protection. In his opinion the
off not taking up the subject because
Billboard Decision
City Attorney 'avelli reported that he received a decision from Judge
Swartwood. It is a very complicated legal issue involving courts in a
number of states who have decided in a number of different ways; it
involves federal statutes and federal laws. The judge stated the
federal government possibly had an intent to get rid of some billboards
but when they passed the law requiring municipalities to pay for them
it probably had exactly the opposite effect. There is no money in
this municipality to spend hundreds of thousands of dollars to tear
down billboards. Our statute has been declared constitutional; however,
the judee has stated we have to pay for billboards within so many
436 -6- April 5, 1982
hundred feet of federally aided highways. Ile said that an appeal of
the decision is in order; when the order comes he intends to file a
notice of appeal and go ahead protecting the appeal unless Council
thinks otherwise.
HUMAN SERVICES COMMITTEE:
iYorking Dog Program K -9 Unit)
By Alderman BAR RE: E: Seconded by Alderman Schuler
WHEREAS, the Police Chief and the Police Commissioners have
recommended continuation on a trial basis of the Working Dog Program
of the Ithaca Police Department, and
WHEREAS, the Human Services Committee has reviewed the reports sub -
mitted by Officer Anthony J. Denmark; —
RESOLVED, That the Human Services Committee recommends continuation
of the Working Dog Program (K -9 Unit) through the remainder of 1982,
and
BE IT FURTHER RESOLVED, That if the Police Chief and the Police
Commissioners wish to have the Working Dog Program continued into
1983 that they so indicate by submitting a budget request for 1983.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
G.I.A.C. Equipment Purchase
By Alderman Holman: Seconded by Alderman Schlather
RESOLVED, That the 1982 Authorized Equipment List for
be amended to include the purchase of a typewriter for
cost not to exceed $879, and
the General Fund
G.I.A.C., at a
BE IT FURTHER RESOLVED, That the $879 required for the purchase
this typewriter be transferred within the G.I.A.C. 1982 adopted
as recommended by the Youth Bureau Director, as follows:
-of
$375 from A7311 -101 Salaries and $504 from A7311 -310
Office Supplies to A7311 -220 Office Equipment.
Carried Unanimously
Fire Department Equipment Purchase
By Alderman Holman: Seconde by Alderman Banfield
RESOLVED; That the 1982 Authorized Equipment List for the General Fund
be amended to include the purchase of a tree trimmer for the Fire
Department, at a cost not.to exceed $200, and
BE IT.FURTHER RESOLVED, That the $200 required for the purchase of this
tree trimmer he transferred within the Fire Department 1982 adopted
Budget as recommended by the Fire Chief, as follows:
$200 from Account A3410 -230 Motor Vehicles
to A3410 -250 Other Equipment
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Banfield, Hoffman, Holman, Killeen, Myers, Clynes,
Schuler, Dennis
Nay (1) - Schlather
Absent (1) - Hol.dsworth
Carried
Budget Appropriation Transfer
By Alderman Holman: Seconded by Alderman Banfield
RESOLVED, That this Common Council approves the transfer of $3,120
from the Department of Public Works Highway Account A5111 -230 Motor
Vehicles to Street Administration Account A5010 -407 Contractual
Services, to cover cost overrun on the Fuel. Management System as
requested by Board of Public Works action March 24, 1982.
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Discussion followed on the floor.
April 5, 1982 437
A vote on the resolution resulted as follows:
Carried Unanimously
1983 Revenue Sharing Applications
By Alderman Holman: Seconded by Alderman Banfield
WHEREAS, the City of Ithaca has set a deadline for receiving Revenue
Sharing Applications for July 1, 1982, and
WHEREAS, due to anticipated budget constraints for the year 1983, it
• is questionable that the City will be able to appropriate any Revenue
Sharing Funds to human service providers, and
WHEREAS, this Common Council does not want to exclude the possibility
of a human services provider having a unique idea that, if funded
through Revenue Sharing, would directly result in a savings of dollars;
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NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca will receive
applications for Revenue Sharing Funds for 1983, provided the applica-
tions conform to the following criteria:
1. The proposal must be for something that is unique (not the
traditional capital investments or staff positions).
2. The proposal must clearly indicate how a savings would
result from its implementation.
3. The proposal must meet all criteria for Revenue Sharing.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
1982 Executive
sation P
nt
By Alderman Holman: Seconded by Alderman nanxiela
RESOLVED, That the 1982 Executive Union Compensation Plan be amended
as follows:
1. The position of Assistant to the Superintendent of Public
Works (DPW) be removed from Grade 5 and placed on Grade 6,
with a salary range of $22,583 to $31,666.
2. The position of City Engineer be deleted from Grade 6 and
placed on a new established Grade 7, with a salary range
of $23,938 to $33,566.
Carried Unanimously
Executive Sala r a Increases
By Alderman Holmn: econded by Alderman Banfield
WHEREAS, this Common Council, on February 3, 1982, approved the re-
alignment of the Department of Public Works, and
WHEREAS, due to this realignment, the City Engineer and the Assistant
to the Superintendent of Public Works (DPW) have assumed additional
responsibilities;
NOW, THEREFORE, BE IT RESOLVED, That the City Engineer be placed on
' Grade 7, Step IX, of the 1982 Amended Executive Union Compensation
Plan, at a base salary of $33,566 per annum, effective February 1,
1982, and that the Assistant to the Superintendent of Public Works
(DPW) be placed on Grade 6 „ Step IX, of the 1982 Amended Executive
Union Compensation Plan, at a base salary of $31,666 p. er annum,
effective February 1, 1982.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
438 -8- April 5, 1982
V
1981 Annual Report
By Alderman Holman: Seconded by Alderman Killeen
RESOLVED, That this Common Council acknowledges the receipt of the
1981 Finance Department Annual Report.
Audit
By Alderman Holman: Seconded by
RESOLVED, That the bills audited
Administration Committee, in the
listed on Audit Abstract #6/1982,
Carried Unanimously
Alderman Dennis
and approved by the Budget and
total amount of $24,164.55, as
be approved for payment.
Carried Unanimously
0
West Clinton Street and Meadow Street Land Transfer
By Alderman Holman: Seconded by Alderman Ban iel
WHEREAS, the Board of Public Works, at a regular meeting held on
February 24, 1982, did find that additional street right -of -way
is required southwest of .the existing intersection of West Clinton
Street and South Meadow Street in order to rebuild and realign said
intersection to increase safety and decrease motorist delays there
and that the owner of said property where the right -of -way is re-
quired, Cornell University, has shown a willingness to sell said
property or to exchange it for the existing right -of -way, which would
no longer be of use to the City of Ithaca when the realignment is
completed, and
WHEREAS,. The Board of Public Works did declare at such meeting that
upon acquisition of the new right -of -way the City's existing right -of-
way shall be surplus property having no further public works value
and did request Common Council's approval to dispose of said surplus
property, reserving any necessary rights to City -owned utilities
thereon;
NOW, THEREFORE, BE IT RESOLVED, That the present City of Ithaca right -
of -way (.designated as Parcel 2 on the City Engineer's map entitled
"West Clinton Street Relocation R.O.W. Taking Map," dated March 22,
1982) may be transferred to Cornell University, or otherwise sold and,
or disposed of in order to facilitate acquisition of an additional
street right -of -way presently owned by Cornell University (designated
as Parcel 1 on the afore - mentioned map), reserving any necessary rights
to City -owned utilities thereon.
Carried Unanimously
Common Council recessed at 9:00 p.m.
Common Council reconvened in regular session at 9:10 p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
Recycling Task Force
By Alderman Dennis: Seconded by Alderman Killeen
WHEREAS, an improved and more.comprehensive source separation is a
matter of concern for the City of Ithaca and Tompkins County, and
WHEREAS, the City has established a task force to study and recommend
strategies to deal with the problems of separation and recycling and
in order to carry out such a program, Common Council
RESOLVES, That the City continue the Recycling Task Force for follow -
up study of the.City's options for source separation and recycling,
and
BE IT FURTHER RESOLVED, That the City continue to work with the Count'
Source Separation Committee to implement compatible recycling systems
for the City and County, and
BE IT FURTHER RESOLVED, That the City study a municipal leaf - baling
program such as that operated in Batavia, New fork, and
BE IT FURTHER RESOLVED, That the City develop a source separation and
recycling education program because an educational program concerning
the value of recycling is needed regardless of whether or not the City
chooses to initiate a new collection system, and
=g- April 5, 1982 439
BE IT FURTHER RESOLVED, That the City authorize the Task Force to
solicit letters of interest from private businesses and non - profit
agencies regarding a source separation and recycling program for the
City, and
BE IT FURTHER RESOLVED, That the City study existing municipal source
separation legislation and modify it as needed for any new source
separation and recycling program, and
_ BE IT FURTHER RESOLVED, That the City work with community groups to
ensure that valuable community services now funded by recycling (such
as those performed by Kiwanis Club) are not terminated by a new
recycling program, and
BE IT FURTHER RESOLVED, That the City retain the glass crusher, blue
stake truck and conveyor previously used by Challenge, and still owned
by the City, and
.BE IT FURTHER RESOLVED, That the City schedule an appointment with the
Department of Environmental Conservation for a pre - application
conference, to discuss the types of program possibilities and the
(y) City's eligibility for funding.
(ti Amendment to Resolution
W By Al erman Ho man: Seconded by Alderman. Dennis
First WHEREAS - add "and recycling programs," after separation
RESOLVES - That the "Recycling Task Force continue for follow -up.
study" to replace first line
First BE IT RESOLVED - That the "Recycling Task Force" in place of
City
Second BE IT RESOLVED - Add "further" following study
® Third BE IT RESOLVED - That the "Recycling Task Force and Conserva-
tion Advisory Council" in place of City
Fifth BE IT RESOLVED - That the "Recycling Task Force" in place of
City; also, "recommend modification" in place of modify
Sixth BE IT RESOLVED - That the "Recycling Task Force" in place of
City
Seventh BE IT RESOLVED - Delete "blue stake truck"
Eighth BE IT RESOLVED - That the "Recycling Task Force and Conserva-
tion Advisory Council" in place of City
Carried Unanimously
AMENDED RESOLUTION
By Al erman Dennis: Seconded by Alderman Holman
WHEREAS, an improved and more comprehensive source separation and
recycling program is a matter of concern for the City of Ithaca and
Tompkins County, and
WHEREAS, the City has established a task force to study and recommend
strategies to deal with the problems of separation and recycling and
in order to carry out such a program, Common Council
RESOLVES, That the Recycling Task Force continue for follow -up study
of the City's options for source separation and recycling, and
BE IT FURTHER RESOLVED, That the Recycling Task Force continue to work
with the County Source Separation Committee to implement compatible
recycling systems for the City and County, and
BE IT FURTHER RESOLVED, That the City study further a municipal leaf -
baling program such as that operated in Batavia, New York, and
440 -10- April 5, 1982
BE IT FURTHER RESOLVED, That the Recycling Task Force develop a source
separation and recycling education program because an educational
program concerning the value of recycling is needed regardless of
whether or not the City chooses to initiate a new collection system,
and
BE IT FURTHER RESOLVED, That the City authorize the Task Force to
solicit letters of interest from private businesses and non - profit
agencies regarding a source separation and recycling program for the
City, and
BE IT FURTHER RESOLVED, That the Recycling Task Force study existing •
municipal source separation legislation and recommend modification as
needed for any new source separation and recycling program, and —
BE IT FURTHER RESOLVED, That the Recycling Task Force work with
community groups to ensure that valuable community services now funded
by recycling (such as those performed by Kiwanis Club) are not
terminated by a new recycling program, and
BE IT FURTHER RESOLVED, That the City retain the glass crusher and
conveyor previously used by Challenge, and still owned by the City,
and
BE IT FURTHER RESOLVED, That the Recycling Task Force and Conserva-
tion Council schedule an appointment with the Department of Environ-
mental Conservation for a pre- application conference, to discuss the
types of program possibilities and the City's eligibility for funding.
Carried Unanimously
Collegetown
By Alen Dennis: Seconded by Alderman Schuler
WHEREAS, the City of Ithaca is considering undertaking an economic
development project in Collegetown in cooperation with Cornell
University, and
WHEREAS, appointment of a lead agency will facilitate the speedy
and reasoned participation in this decision by the various concerned `-
City Boards and Committees;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council does designate
the Ithaca Urban Renewal Agency as lead agency in the Collegetown
project.
Alderman Schlather commented that it is very important that the
Council take a very active interest in this project. It is going
to be a very critical decision whether or not they go forward with
the project. He strongly urged all Council, members to read the
materials, attend the meetings and get the. appropriate data base so
that the decision will be an intelligent one.
A vote on the resolution resulted as follows:
Carried Unanimously
Hydropower
Benjamin Nichols, a member bf the Ithaca Energy Committee, spoke to
the Council, providing background for the interest in possible develop-
ment of a source of power, and described the process of the City
getting involved.
Resolution is
By Alderman Dennis:. Seconded by Alderman Myers
WHEREAS, the Common Council has established a Hydropower Commission to
study the possibility of developing a hydropower plant on Fall Creek at
Ithaca Falls, and
WHEREAS, this issue is complex involving many factors, among those
environmental, economic, and legal, and
WHEREAS, the present deadline for the public comment period on pending
license applications is May 6, 1982;
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NOW, THEREFORE, BE IT RESOLVED, That this Common Council does request
that FERC allow a 45 -day extension of the public comment period, and
BE IT FURTHER RESOLVED, That this Common Council does request intervenor
status in the FERC proceedings on the proposed Ithaca Falls Water Power
Project when appropriate findings of fact have been made.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
Push Carts
Attorney Michael Pitchel, counsel ior Richard H. Healey and Janet L.
Hanna, requested permission to address the Council. He was denied his
request by Mayor Shaw who stated he had had ample opportunity, either
at the Committee level, or at the public hearing.
Discussion followed on the floor.
Resolution
By Al e man Banfield: Seconded by Alderman Killeen
RESOLVED, That the counsel for the push cart operator be allowed to
speak.
Ayes (8) - Banfield, Hoffman,
Clynes, Schlather
Nay (1) - Holman
Absent Cl) - Holdsworth
Killeen, Schuler, Dennis, Myers,
Carried
Atty. Michael Pitchel spoke to the Council on behalf of his clients,
Richard H. Healey and Janet L. Hanna, stating that a number of merchants,
mostly tenants, are attempting to usurp the Commons as their own
property, as though it is a shopping center instead of a public street,
particularly the peripheral streets. He said upon reading the reports
of the City Attorney and the Commons Advisory Board, it appears they
have come to a similar conclusion. He said lie researched the problem
and found that the streets of the State of New York are for pedestrian
traffic, vehicular traffic and for commerce. He submitted that at
present there are no rules or regulations of the City of.Ithaca to keep
his clients off the Commons or off the peripheral streets.
Resolution
By Alderman Schlather: Seconded by Alderman Clynes
WHEREAS, Richard H. Healey and Janet L. Hanna, the owners of the
"Follow Your Nose Foods" vending cart, have appealed to the Common
Council from the denial by the Commons Advisory Board of their appli-
cation for a permit to use a vending cart on the Ithaca Commons for
the sale of speedies, hot dogs and non - alcoholic beverages; and
WHEREAS, it appears that this denial of permit was and is consistent
with a policy of the Commons Advisory Board to prohibit all vending
carts from both the Primary and Secondary Commons; and
WHEREAS, it is now the express and clear intention of Common Council
to permit vending carts in both the Primary and Secondary Commons
districts, subject to reasonable regulations as more fully referred
• to below; and
WHEREAS, Common Council recognizes that the Ithaca Commons is a unique
facility designed to provide an attractive commercial center, as well
as a community focal point for non - commercial events and activities
for the people of the City of Ithaca; and
WHEREAS, Common Council recognizes that the Primary Commons district
was designed as a pedestrian mall, striking a careful balance between
the health, safety and aesthetic needs of the pedestrian public and
commercial activity; and
WHEREAS, the Primary Commons district was created in 1974 as a
pedestrian mall, closed to street and vehicular traffic; and
442 -12- April 5, 1982
WHEREAS, the Common Council further recognizes that the Secondary
shopping area located in the Central Business District is a shopping
area which combines carefully designed sidewalks for pedestrian use
and streets for vehicular traffic, all of which promote the health,
safety and aesthetic needs of the pedestrian and vehicular public; and
WHEREAS, it appears that congestion, litter, odor, unsightly appearance,
pedestrian and vehicular traffic, competing use of space for other
public events and activities, food preparation, storage and service,
sanitation, fires, hours of operation, movement and fees are factors t
be considered and developed in establishing reasonable regulations fo
the use of vending carts in both the Primary and Secondary Commons
districts;
NOW, THEREFORE, BE IT RESOLVED, That the Commons Advisory Board's
denial of a permit to Richard H. Healey and Janet L. Hanna, as owners
of the "Follow Your Nose Foods" vending cart for use of the vending
cart on the Ithaca Commons, Primary and Secondary districts, be and
the same is hereby reversed; and the application for the permit is
remanded to the Commons Advisory Board for review and processing in
.accordance with and after certain rules and regulations are recommended
and adopted therefor consistent with the following guidelines:
For vending carts in both the Primary and Secondary Commons districts
the rules and regulations shall be reasonably related to the protection.
of the health and safety of the public, and the preservation and promo-
tion of the aesthetic qualities of the Ithaca Commons. In this
connection specific rules and regulations should be developed to control:
litter.; sanitation, including food preparation, storage and service;
fires; smoke and odors; pedestrian and vehicular traffic; congestion,
including number of carts; vending locations; movements of vending carts;
hours of operation; competing use of space for other public events and
activities, both occasional and regular; unsightly appearance of the
vending carts; and permit fees, both monthly and yearly.
For vending carts in the Secondary Commons district, the
shall reflect the cost of regulating vending carts in the
permit feM
district.
For vending carts in the Primary Commons district, the permit fees
shall reflect both the cost of regulating vending carts in the district
and the value of the space allocated to the vending cart by the permit.
These rules and regulations shall be developed by the Commons Advisory
Board and recommended to Common Council no later than July 1, 1982, for
review and adoption thereafter; and
BE IT FURTHER RESOLVED, That pending the review and processing of
Richard H. Healey's and Janet L. Hanna's application for a permit
pursuant to the rules and regulations to be developed and adopted as
set forth above, the Commons Advisory Board be and the same is hereby
directed to issue a temporary permit to Richard H. Healey and Janet L..
Hanna to sell speedies, hot dogs and non - alcoholic beverages from a
vending cart to be located at a site designated by the Commons Advisory
Board in the Secondary Commons district, effective April 23, 1982.
Discussion followed on the floor. Questions were answered by Alderman
Schlather and City Attorney Tavelli.
A vote on the resolution resulted as follows:
(
Ayes 6) - Hoffman, Schuler, Dennis, Myers, Clynes, Schlather
Y
Nays (3) - Holman, Banfield, Killeen —
Absent (1) - Holdsworth
Carried
C and D Transportation
Action on this item has been postponed until the May meeting of the
Council.
-13- April 5, 1982 443
Munici al Code Book --Ph sical Revision
By Al erman Schlather: Secon ed bN Alderman Killeen
WHEREAS, the existing Ithaca Municipal Code binders are too small, in
many cases worn out, for their intended purpose;
NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Clerk be and is
hereby authorized to purchase up to 100 larger replacement binders
from Municipal Consultants $ Publishers, Inc. at no more than $11.80
per binder for general city use as well as for repurchase by private
users, to be made out of Common Council's general budget.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Killeen, Schuler, Dennis, Holman, Myers, Clynes,
Schlather
Nays (2) - Banfield, Hoffman
Absent (1) - Holdsworth
Carried
CONSERVATION ADVISORY COUNCIL:
(�
Alderman Hoffman commented Mat the Conservation Advisory Council now
C�J has 8 of its 9 seats filled, and the previous week had met with a
W quorum for the first time in months.
Q
Beverage Container Deposit Legislation
By Alderman Hoffman: Seconded by Alderman Schuler
WHEREAS, carbonated soft drink and beer bottles and cans create problems
of litter and costs for its cleanup, add to the volume of solid waste
and its transportation and disposal costs, and represent the use of
limited natural resources, especially energy, and
WHEREAS, requiring a.mandatory deposit on all beverage containers
sold in the State of New York would to a great extent alleviate these
�• problems, and
WHEREAS, proposed legislation now under consideration in the New York
State Legislature (Senate Bill 2831, Assembly Bill 9777) would require
a five -cent deposit on all carbonated beverage containers, and would,
according to a 1982.Report of the Governor's.Office of Development
Planning, save municipalities $25 million in solid waste costs, produce
a net gain of over 5000 jobs, and not have "severe or unmanageable
adverse effects" on the beverage industry;
NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca Common Council
reaffirms its support of beverage container deposit legislation and
urges the passage of State Senate Bill 2831 and Assembly Bill 9777.
Discussion followed on the floor.
Tabl_iIn Resolution
By Al lc erman Holman: Seconded by Alderman Banfield
RESOLVED, That the Beverage Container Deposit Legislation resolution
be tabled until the May meeting of Council, giving the Council an
opportunity to review the bills, and that a synopsis of the bills be
attached to the May agenda.
• Discussion followed on the floor.
A vote on the tabling resolution resulted as follows:
Ayes (8) - Banfield, Hoffman,
Clynes, Schlather
Nay (1) - Schuler
Absent (1) - Holdsworth
Killeen, Dennis, Holman, Myers,
Carried
REPORT OF SPIiCIAL COMMITTEES:
Human Services Coalition
outh Services Study:
Alderman Holman reported that a draft has been prepared with focus on
444 -14- April 5, 1982
planning and coordination of youth services within the City. A
meeting will be held at noon on Wednesday, April 7, at the Human
Services Coalition office to review the draft with Youth Bureau Director,
Chairman of Council Human Services Committee, Chairman of Youth Bureau
Advisory Board and other interested parties.
Social Impacts on Potential County Move(s) Study:
Alderman Holman reported that the deadline for return of survey
questionnaires to agencies being considered for relocation and clients
was that day. The report will be reviewed by the Human Services Coalition
Board on Thursday, April 15, and forwarded to the county on April 16.�
It will be available to the City and public about April 20 with decis.'
by the county not expected before early May.
1983 Budget:
Alderman Holman reported the budget request to the City for 1983 is
$7,133 (1982 budget was $6,605) or an increase of 7.990.
Board of Public Works Liaison's Report
Brick Pavement--State Street:
Alderman Banfield reported that the Board has not closed the door to
the use of brick pavement on State Street, but have stated their
plan for next year; if the people who were going to supply the informa-
tion make it available, it will be considered.
Study of Parking and Traffic Patterns:
Alderman Banfield.reported that there is an ongoing study of parking
and traffic patterns. The meetings will be made known to those members
of Council who want the information.
Petition on Cleveland Avenue Traffic Problem:
Alderman Banfield reported receiving a petition referring to directing
Planning and Development; he believes it is a Board of Public Works
matter and asked that it be referred to the Board. Alderman Dennis
reported that Planning and Development are already involved in the
matter.
Discussion followed on the floor.
ITHACA
RENEWAL
Mayor Shaw reporte
days the previous
on the audit whit
AGENCY /COMMUNITY
hat [IUD officials
week doing an audit
h went very well.
VELOPMENT COMMISSION:
ad been in Ithaca for five
There will be a written report
UNFINISHED AND MISCELLANEOUS BUSINESS:
Franklin Delano Roosevelt Centennial Commission
Alderman Clynes reported that she wishes to obtain the Four Freedom
prints by Norman Rockwell, which Franklin D. Roosevelt had felt . to be
masterpieces, to hang in City Hall until the end of the commemoration.
Resolution
By AH rman_Clynes: Seconded by Alderman Schlather
BE IT RESOLVED, That the City of Ithaca join with the State of New
York in commemorating the Centennial of Franklin Delano Roosevelt's
birth; the commemoration extending from January 30, 1982 to the
50th Anniversary of Franklin Delano Roosevelt's first inaugural,
March 4, 1983.
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
Community Gar ens
Mayor Shaw reported having had conversations with the agent of the
prospective buyer of the Community Gardens site, as well as with
staff, EOC and others and said he felt encouraged in respect to the
possibility of renting some or all of the present site.
Discussion followed on the floor concerning alternative comparable
sites, staff responsibility, users' responsibility, contacts, etc.
It was pointed out that the Council would like to have some specific
recommendation as to what sites would be acceptable or feasible.
I
101
N
hi
d
a
0
-is-
' 5, 1982 445
Im lementatioI of Si nallin in Nest End
Al erman Sclilather asked what the status of the two -way radio contact
with the disaster coordinator is. Mayor Shaw commented that City
Engineer Cox had reported about six weeks ago that the system is opera-
tional. Conrail's representative is in direct communication by radio
with the county dispatcher. There is a written understanding between
Conrail and the county disaster coordinator. Alderman Banfield will
check with the City Engineer and report back.
NEW BUSINESS:
New York Conference of Ma ors and Munici al
Mayor Shaw calle attention to communication
Conference of Mayors and Municipal Officials
workshop for new village and city officials,
through April 24, 1982 at the Albany Hilton
find it possible to attend.
from the New York
regarding an orientation
to be held April 22
Inn. He urged all who
Common Council Retreat- Seminar
Mayor Shaw commented t at some of the members of Council had been
considering.a one -day retreat - seminar in way of staff development
themselves as paid officials of the City of Ithaca. He doesn't know
if it would be subject to the Open Meetings Laws- -parts might be.
Aldermen Holman, Schuler and Clynes were delegated to put.together
some specifics for Council to look at.
ADJOURNMENT:
On a motion the meeting adjourned at 11:37 p.m.
*From page 5:
Douglas Dylla, 109 Auburn Street, spoke to the Council concerning the
Community Gardens site, asking where they are to go with their ideas.
He said the Council refers them to IURA who tells them, "you can speak
but we can't save this site." He asked the Council to designate a
group that they can work with to find solutions to the problem.
J sep A. Run le, XCity Clerk William R. Shaw, Mayor