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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 8:15 P.M. July 7, 3.982
PRESENT:
Mayor - Shaw
Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdswortb ,
Holman, Killeen, Myers, Schlather, Schuler
OTHERS PRESENT:
City Controller - Spano
Dep. City Controller - Cafferillo
City Attorney - Tavelli
Fire Chief - Tuckerman
Police Chief - Herson
Personnel Administrator - Collins
Supt. of Public Works - Kinsella
Dir. Planning $ Development -'Van Cort
Building Commissioner - Hoard
Fire Commissioner - Anderson
T.C. Bd.. of Representatives - Rep. Ethel Nichols
City Clerk - Rundle
4"75
PLEDGE OF ALLEGIANCE:
Mayor Shaw led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
By Killeen: Seconded by Alderman Holdsworth
RESOLVED, That the minutes of the June 2, 1982 meeting be approved
as recorded bx the City Clerk. .
1 Carried Unanimously
S:
RESOLVED, That the Public
Omni Bus Corporation for
the Village of Owego, the
Ithaca be opened.
Hearing to consider application of DeWhite
consent to operate a -motor bus line between
Hamlet of Willseyville and the City of
Carried Unanimously
No persons appeared to speak to the hearing.
Resolution To - Close'Public Hearin
y Al erman Myers: beconded by Alderman Dennis
RESOLVED, That the Public Hearing to consider application of DeWhite
Omni Bus Corporation_ for consent to operate a motor' bus line between
the Village of Owego, the Hamlet of Willseyvi:lle and the City of
Ithaca be closed.
Carried. Unanimously
Resolution of Commendation
By Alderman Holman: Seconded by Alderman Schuler
WHEREAS, on Christmas Eve, December 24, 1981, Officers''Rodeirick Howe
and Robert Davie were assigned to investigate a personal injury
accident in the City of Ithaca, N.Y., and
WHEREAS, upon arrival at this accident it was determined that two
young girls, both sisters, were trapped in an overturned vehicle,
in about four feet of water, and
WHEREAS, both Officer Howe and Officer Davie, with the assistance of
Fire Department personnel and volunteers that were on the scene,
elected to physically turn the vehicle in an upright position so that
the rescue of the two trapped girls could be effected quickly, and
WHEREAS, as a result of this decision, both victims of this accident
were rescued, thus avoiding a serious tragedy in the Community, and
WHEREAS, the action taken by Officer Howe and Officer Davie was
examined by a select Committee of the Central New York Association of
476 -2- July 7, 1.982
Chiefs of
Police,
and were both recommended to
receive the Gold Badge
Award for
Heroism
which is presented by WTVH -
Channel 5 - Syracuse,
New York,
and
WHEREAS, this award was presented to both Officers on June 6, 1982
in Camillus, New York, where they were honored;
RESOLVED, That Officer
commended by the Common
the professional manner
a potential tragedy.
Roderick Howe and Officer Robert Davie both be
Council of the City of Ithaca, New York for
they exhibited at this incident, thus avoiding
Carried Unanimously 0
ADDITIONS TO THE AGENDA:
Bud et an A ministration Committee
Al erman Holman requested the addition of one item to the agenda.;
Item Q, Bus Grant Agreement. In addition she reported that there
will be resolutions for Items 0, Weatherization and Item P, Purchase
of Land for Right -of -way.
No Council member objected.
Alderman Sean Killeen
Alderman Killeen requested the addition of a resolution concerning
Rule of Common Council, and.suggested that it would be appropriate,
to handle it prior to Item VIII, MAYOR'S APPOINTMENTS.
Mayor Shaw suggested that the request be handled.under NEW BUSINESS,
No Council member objected.
Aldermen Banfield and Schlather arrived at the meeting at 8:30 p.m.
COMMUNICATIONS:
Mayor Shaw presented the following communications:
Letter Regarding Rents
"June 23, 1982
The Honorable William Shaw
Mayor of Ithaca
Dear Mayor:
The rent here in the City of Ithaca is getting kind of ridiculous,
just recently I decided to relocate.from the Lansing area. Every-
where I looked the apartments and houses were in the three and four
hundred dollars without electricity. It's painful enough with the
NYSE &G Corp. rates. What I would like to see are rent control. here
in the City of Ithaca like they have in other cities.
9
One bedroom apartment at covered bridge is $400,25.00 not including
utilities. Just about every apartment in the City of Ithaca. is over-
priced. If you make $7,000 per year, half of it goes toward rent..
If the people making $7,000 or less having a hard time finding a nice
apartment, I do feel sorry for the lower income ones. We do feel
that the reason that the rent here in Ithaca is so high is because
of the students here at Cornell and Ithaca College. I foresee that
it will become only students because the Ithacans cannot afford the
high rent and move away where the prices are more reasonable. Please
ask Common Council to do something about the high cost of rent:.
Sincerely,
Mr. Demsey Rae
P.O. Box 652
Ithaca, N.Y. 14850"
Mayor Shaw commented that he would make a copy of the letter available
in the Clerk's Office and refer it to Charter and Ordinance Committee.
-3- July 7, 1982 477
Public Notice - -State of New York Public Service Commission
Mayor Shaw referred to a Public Notice from the State of New York
Public Service Commission indicating that there will. be special public
hearings on several dates in a variety of places to consider the .
pending rate proposals of New York Telephone Company. The Notice will.
be made available in the City Clerk's Office.
Letter from Tompkins County Arts Council Inc.
"June 6, 1982
�i The Honorable William Shaw
Mayor of Ithaca
Dear Bill:
On behalf of Mr. and Mrs. Harmon T. Gnuse, co- chairpersons of the
1982 United Arts Fund, and the Board of Directors of the Tompkins
County.Arts Council, I am writing to express our warmest apprecia=
tion for the City of Ithaca contribution to the Fund of five thousand
dollars. I would appreciate it if you would also convey our gratitude
to the Common Council. As you know, this is our second annual UAF
campaign; this year we are aiming for a goal. of $50,000.
(\J During its inaugural year monies from the Fund, were allocated. to
Ljf nineteen different arts organizations. Again this year the Fund
will be distributed among a variety of arts groups in the community
Q whose project applications have been recommended by both an outside
review committee and a local panel, each composed of knowledgeable
figures in the fields of visual and performing arts.
Once the 1982 funding decisions have been finalized, we will be sure
to let you know which arts organizations have received the financial
support the City of Ithaca has made possible. In the meantime, if we
can answer any questions concerning united arts funding, or if we can.
provide you with any arts - related information, please do not hesitate
1 to call upon us.
wJ Again, thank you for your generous investment in the arts of Tompkins
County.
Sincerely yours,
Sorrel Fisher,, President"
Mayor 'Shaw indicated he would make the letter available in the Clerk's
Office and a copy sent to the Budget and Administration Committee.
MAYORS APPOINTMENT:
Civil Service Commission
Mayor Shaw requested approval of Council for appointment of Mrs.
Mary Slaght, 110 Park Street, to the Civil Service Commission for a
term to expire May 31, 1988.
Resolution
By Alderman Holman: Seconded by Alderman Dennis
RESOLVED, That this Council approves the appointment of Mrs. Mary
Slaght, 110 Park Street, to the Civil Service Commission for a term
to expire May 31, 1988.
Carried Unanimously
Mrs, Slaght took. the
Clerk.
Television Cable Com
Mayor Shaw requested
Schattschneider, 107
for a term to expire
Resolution
oath of office and was sworn in by -the City
nittee
approval of Council for appointment of Susan
Pine Tree Road, to the Television Cable Committee
July 30, 1987.
$y Ammerman Holdsworth: Seconded by Alderman Schlather
RESOLVED, That this Council approves the appointment of Susan
Schattschneider, 107 Pine Tree Road', to the Television Cattle
Committee for a term to expire July 30, 1987.
Carried Unanimously
478 -4- July 7, 1982
Ms. Schattschneider took the oath of- office and was sworn in by the
City Clerk.
Board of Fire Commissioners
Mayor Shaw requeste approval of Council for appointment of Richard
Slade, 713 N. Aurora Street, to the Board of Fire Commissioners for
a term to expire June 30, 1985. Mr. Slade was recommended by No. 3
Fire Company.
Resolution
By Alderman Banfield: Seconded by Alderman Hoffman
RESOLVED, That this Council approves the appointment of Richard Slade
713 N. Aurora Street, to the Board of Fire Commissioners for a term
to expire June 30, 1985. —
Carried Unanimously
Mr. Slade took the oath of office and was sworn in by the City Clerk.
Conservation Advisory Council
Mayor Shaw requested the approval of Council for appointment of Susan
Neimeth, 205Fall View Terrace, to the Conservation Advisory Council
for a term to expire December 31, 1982.
Resolution
By Alderman.Schlather: Seconded by Alderman Clynes
RESOLVED, That this Council approves the appointment of Susan Neimeth,
205 Fall View Terrace, to the Conservation Advisory Council for a term
to expire December 31, 1982.
Carried Unanimously
Ms. Neimeth took the oath of office and was sworn in by the City Clerk.
Mayor Shaw requested the approval of Council for appointment of
William Erickson, 322 Mitchell Street, to the Conservation Advisory
Council for a term to expire December 31, 1982.
Resolution
By Al &e—rman Holdsworth: Seconded by Alderman Dennis
RESOLVED, That this Council approves the appointment of William
Erickson, 322 Mitchell Street, to the Conservation Advisory Council
for a term to expire December.31, 1982.
Carried Unanimously
I'thaca Energy Commission
Mayor Shaw reappointed the following persons to the Ithaca Energy
Commission:
Term-To Expire
Ernest Bury
6/30/83
Jeanne Fudala
6/30/84
Nancy Potter
6/30/83
Carolyn Peterson
6/30/83
Randall Lacey
6/30/83
Harold. Jones
6/30/84
Doug Dylla
6/30/84
Ben Nichols
6/30/83
01
In addition, Mayor Shaw appointed the following persons 'to the Ithac 0I
Energy Commission:
Gerald Mesmer
Lindy Elkins
6/30/84
6/30/83
Jeanne Fudala, Carolyn Peterson and Doug Dylla took the oath of
office and was sworn in by the City Clerk.
CITY CLERK'S REPORT:
City Clerk Rundle reported that he had provided copies of the list
of polling places in the city. He asked, if there are any suggestions,
that they be sent to him as soon as possible so that the. final listing
can be prepared by the end of the month. j
-5-
CITY ATTORNEY'S REPORT:
Alderman Banfiel asked the status
City Attorney Tavelli informed him
be resolved until 1983.
July 7, 1982 479
of the Cornell Heights case and
the case is still pending, will not
At Alderman Killeen's request, City Attorney Tavelli explained the
problem caused by redistricting. He said he, the County Attorney and
the Board of Elections will have discussions to resolve the problem.
Alderman Clynes asked the status of the problem concerning Conrail and
City Attorney Tavelli replied that he had written to Conrail explaining
that Council had passed a resolution asking that the problem be looked
into. He has not yet had any response from Conrail and if he doesn't
hear within the next few days he will follow up on. the matter.,
PLANNING AND DEVELOPMENT COMMITTEE:
Hydropower
By Alderman Dennis: Seconded by Alderman Myers
WHEREAS, the Planning $ Development Committee has reviewed the options
available to the City concerning the Fall. Creek Hydropower plant, and
WHEREAS, the Committee,believes it most appropriate to pursue City
(y) control of the hydropower plant;
N
w NOW, THEREFORE, BE IT RESOLVED, That Common Council. authorize the
Planning $ Development Department to pursue City control of the
Q hydropower plant, and
BE IT FURTHER RESOLVED, That the Budget and Administration Committee
be directed to take up the question of authorization of funds for the
hiring of an engineering consultant firm to initiate preparation of
the City of Ithaca license application.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Myers, Clynes,
Schlather, Holman, Holdsworth
Nay (1) - Banfield
Carried.
East Hill Park
By Alderman Dennis: Seconded by Alderman Schuler
WHEREAS, the East Hill Civic Association has long petitioned the
City of Ithaca to provide open space in the Bast Hill area, and
WHEREAS, there exists a small tract of land now owned by the City of
Ithaca School District, which lies between Seneca Street and the old
East Hill School, and
WHEREAS, the School District has expressed a willingness to sell such
land to the City for one dollar, and
WHEREAS, the Ithaca Urban Renewal agency has allocated certain funds
for the improvement of that land;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council, upon recom-
mendation of the Planning $ Development Committee and the Budget $
Administration Committee, direct and authorize the Mayor and City
Attorney to take all necessary steps to acquire the above described
land from the City of Ithaca School District.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Intergovernmental Relations
Al erman Dennis commented that he didn't have a resolution for this
item. The committee talked about it two weeks previ.ous;.there was
a resolution from one member of the committee who would like to dis-
cuss it. i
480 -6- July 7, 1982
Alderman Killeen explained that the essence of the resolution was that
it called upon Council to organize the Intergovernmental Relations Com-
mittee of Council; it is a fact that the Intergovernmental Relations
Committee is a standing committee of Council. The Committee has served
the city effectively in formal discussions and negotiations with
neighboring governmental jurisdictions. He believes it would be equipped
to deal with intergovernmental issues on the immediate horizon, such as
fire protection, sewage treatment, social service provisions and school
functions.
Alderman Killeen said it has been suggested that the committee's
existence would counter in many ways the postular desire to streamlin
the efficient operation of the system; it was also suggested that it 0
would undermine the executive.authority and leadership of the Office o
the Mayor. Alderman Killeen rejected these suggestions, saying that he
believes the existence of such a committee would strengthen the function-
ing relationships of the city with its neighboring jurisdictions. It
would indeed augment the image of the Office of the Mayor. By recogni-
tion of the two points of criticism and with no desire whatsoever to do
anything that could appear.to circumscribe executive initiative, there
are particularly times when such challenging issues are before the
Council as layoffs, Rothschilds, social service position, dynamic
defense of West End development, Collegetown and a $36 million sewage
plant, he thinks it is inappropriate to proceed with this. A higher
good has to prevail and the Office of the Mayor requires that the Council
give encouragement and respect to support without confusion. He asked
that the Council act upon the resolution in such a manner as to table
it at this time.
At this point Alderman Dennis commented that the committee had voted
to support the resolution as presented to them, but that he had not
transmitted it to the Clerk to put on the Council Agenda. He said he
thought it was a worthwhile issue to be discussed at a later time.
City Clerk Rundle commented that when he received.the agenda items he
was informed that a resolution would be prepared later but lie has
never received it.
CHARTER AND ORDINANCE COMMITTEE:
Fair Houserin A
Sct Ordinance Amendment
By Al man chlather: Secon e by Alderman Holman
ORDINANCE NO. 82 -4
AN ORDINANCE AMENDING CHAPTER 28 ENTITLED "FAIR HOUSING" 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. That Chapter 28 entitled "FAIR HOUSING" of the City of
Ithaca Municipal Cade is amended as follows:
L3
A. That Subdivision 1 of 8 28.10 entitled "Unlawful discriminatory
practices' be and the same is amended to read as ollows-
"I. It shall be an unlawful discriminatory practice for any real
estate broker, real estate salesman or employee or agent thereof or
any other individual, corporation, partnership or organization for the
purpose of inducing a real estate transaction from which any such
person or any of its stockholders or members may benefit financially,
to represent that a change has occurred or will or may occur in the
composition with respect to race, creed, color, national origin, mari.,
status or sexual preference or affection of the owners or occupants i
the block, neighborhood or area in which the real property is located,
and to represent directly or indirectly, that this change will or may
result in undesirable consequences in the block, neighborhood or area
in which the real property is located, including but not limited to
the lowering of property values, an increase in- criminal or anti - social
behavior or a decline in the quality of schools or other facilities."
B. That Subdivision 2a of 8 28.10 entitled "Unlawful discriminato
practices" shall be amended to read as follows:
-7- July 7, 1.982481
"2. It shall be an unlawful discriminatory practice for the owner,
lessee, sublessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accomodation *, or
dwelling unit in a multiple dwelling, constructed or to be constructed,
or any agent or employee thereof
a. To refuse to sell, rent, lease or otherwise to deny to or
withhold from any person or group of persons such a "housing
accommodation, or dwelling unit in a multiple dwelling,
because of the race, creed, color,national origin, sex.,
marital status or sexual preference or affection of sucb
person or persons."
C. That Subdivision 2b of & 28.10 entitled "Unlawful discriminatory
practices" shall be amended to read as follows:
. "2. It shall be an unlawful discriminatory practice for the owner.,
lessee, sublessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accomodation *, or
dwelling unit in a multiple dwelling, constructed or to be constructed.,
or any agent or employee thereof
C'7 b. To discriminate -.against-- any7-person beraitse:.of lits .mace,
N creed, color, national origin, sex, physical or menial.
W disability, marital status or sexual preference or
affection in the terms, conditions or privileges of the
sale, rental or lease of any such housing accommodation.
or dwelling unit in a multiple dwelling, or in the furn.i.shi.ng
of facilities or services in connection therewith."
D. That Subdivision 'lc of 5 28.10 entitled "Unlawful discri.ma
practices" shall be amended to read as follows:
112. It shall be an unlawful discriminatory practice for the owner,
lessee, sublessee, assignee, or managing agent of, or other person
having the right to sell, rent or lease a housing accomodation*, or
dwelling unit in a multiple dwelling, constructed or to be constructed,
or any agent of employee thereof
c. To print or circulate or cause to be printed or ci.rcul.a.ted
any statement, advertisement or publication, or to use any
form of application for the purchase, rental or lease of
such housing accomodation or dwelling unit in a. multiple
dwelling or to make any record of inquiry in connection with
the prospective purchase, rental or lease of such a housing
accommodation which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed,
color, national origin, sex, disability, marital status or
sexual preference or affection, or any intent to make any
such limitation, specification or discrimination."
E. That
Subdivision 3a of 9 28.10 entitled "Unlawful discriminatory
practices"
shall be amended to read as follows:
"3. It
shall be an unlawful discriminatory practice for any real
estate broker
or employee or agent thereof:
a.
To refuse to sell, rent, or lease any housing accomodation*
-
or dwelling unit in a multiple dwelling or land to any
person or group of persons or to refuse to negotiate for
the sale, rental or lease, of any housing accommodation or
dwelling unit in a multiple dwelling or land to any person
or group of persons because of the race, creed, color,
national origin, sex, disability, marital status or sexual
preference or affection of such person or persons, or to
represent that any housing accommodation or dwelling unit in
a multiple dwelling or land is not available for inspection,
sale, rental or lease when in fact it is so available, or
otherwise to deny or withhold any housing accommodation or
dwelling unit in a multiple dwelling or land or any facilities
*So in original.
482 -8- July 7, 1982
of any housing accommodation or land from any person or
group of persons because of the race, creed, color, national
origin, sex, disability, marital status or sexual preference
or affection of such person or persons."
F. That Subdivision 3b of 9 28.10 entitled "Unlawful discrimin
practices" shall be amended to read as follows:
"3. It shall be an unlawful discriminatory practice for any real
estate broker or employee or agent thereof:
b. To print or circulate or cause to be printed or circulated.
any statement, advertisement or publication, or to use any
form of application for the purchase, rental, or lease of
any housing accommodation or dwelling unit in a multiple
dwelling or land or to make any record or inquiry in
connection with the prospective purchase, rental or lease
of any housing accommodation or dwelling unit in a multiple .
dwelling or land which expresses directly or indirectly any
limitation, specification, or discrimination as to race,
creed, color, national origin, sex, disability, marital
status, or sexual preference or affection, or any intent to
make any such limitation, specification or discrimination."
Section 2. This ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in 9 3.11(B)
of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Common Council recessed at 9:25 p.m. and reconvened in Regular session
at 9:35 p.m.
Push Carts __
By Alterman Schlather: Seconded by Alderman Schuler
WHEREAS, the Ithaca City Common Council directed the Commons Advisory
Board to draft and recommend regulations for the operation of pushcarts
on both the Primary and Secondary Commons; and
WHEREAS, the Commons Advisory Board has duly drafted and recommended
certain regulations, all as is more fully set forth in the attached
copy of said regulations (Schedule A);
NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Council does
herewith approve the regulations as proposed by the Commons Advisory
Board, all as is more fully set forth in the attached Schedule A.
Amendment to Resolution
By Alderman Sc lat er: Seconded by Alderman Schuler
RESOLVED, That the resolution be amended as follows:
Addition of third WHEREAS:
WHEREAS, it is the intention of Common Council to permit pushcarts
on the Commons, both Primary and Secondary, on a trial basis only;
Addition of second RESOLVED:
BE IT FURTHER RESOLVED, That these Regulations and the entire issue
of pushcarts on the Ithaca Commons, both Primary and Secondary, be
reviewed at the end of the 1983 mobile vending season for possible
rescission or modification. —
Discussion followed on the floor.
A vote on the Amendment to Resolution resulted as follows:
Ayes (6) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Schlather
Nays (4) - Banfield, Holman, Myers, Clynes
Carried
(v
Q
■
I 1 0
•
July 7, 1982 483
Amendment to Main Motion as Amended
By Alderman Holamn: Seconde by Alderman Banfield
RESOLVED, That the main motion as amended be amended as follows:
Third WHEREAS to read:
WHEREAS, it is the intention of Common Council to permit pushcarts
on the Secondary Commons on a trial basis only:
BE IT FURTHER RESOLVED to read:
BE IT FURTHER RESOLVED, That these Regulations and the entire issue
of pushcarts on the Ithaca Secondary Commons be reviewed at the end
of the 1983 mobile vending season for possible rescission or modifi-
cation.
Discussion followed on the floor.
A vote on the amendment to Main Motion as Amended resulted as follows-.
Ayes (3) - Holman, Myers, Clynes
Nays (7) - Banfield, Hoffman, Killeen, Schuler, Dennis, Hold.sworth,
Schlather
Motion Defeated
Main Motion as Amended
WHEREAS, the Ithaca City Common Council directed the Commons Advisory
Board to draft and recommend regulations for the operation of push-
carts on both the Primary and Secondary Commons; and
WHEREAS, the Commons Advisory Board has duly drafted and recommended
certain regulations, all as is more fully set forth in the attached.
copy of said regulations (Schedule A); and
WHEREAS, it is the intention of Common Council to permit pushcarts
on the Commons, both Primary and Secondary, on a trial basis only;
NOW, THEREFORE, BE IT RESOLVED, That the Ithaca City Council does
herewith approve the regulations as proposed by the Commons Advisory
Board, all as is more fully set forth in the attached Schedule A; and
BE IT FURTHER RESOLVED,,That these Regulations and the entire issue
of pushcarts on the Ithaca Commons, both Primary and Secondary, be
reviewed at the end of the 1983 mobile vending season for possible
rescission or modification.
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Myers,
Schlather
Nays (3) - Clynes, Holman, Banfield
Carried
Peddlers and Solicitors Ordinance Amendment
By Alderman Schlather: Seconded by Al erman Killeen
ORDINANCE NO. 82 -5
AN ORDINANCE AMENDING CHAPTER 17 ENTITLED "PEDDLERS AND SOLICITORS"
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. That Chapter 17 entitled "PEDDLERS AND SOLICITORS" of
the City of Ithaca Municipal Code is amended as follows:
A. That Section 17.7 of Chapter 17 entitled "License fees" be and
the same is hereby amended to read as follows:
The following fees shall be paid for the license herein required:
A. Where a vehicle or vehicles is or are to be used by the
applicant, the fees shall be:
484 -10- July 7, 1982
1. For the first such vehicle so used: For one year, two hundred
dollars ($200); for any period less than one year at the rate of
thirty dollars ($30) per month, except that the minimum fee shall be
sixty dollars ($60).
2. For each additional vehicle so used by any one licensee: For
one year, one hundred dollars ($100); for any period less than one
year at the rate of fifteen dollars ($15) per month, except that the
minimum fee shall be thirty dollars ($30).
B. Where no vehicle is used by the applicant, or where an addi-
tional license is required by Subdivision A of 8 17.8 hereof: For
one year, one hundred dollars ($100); for any period less than one 0 1
year, at the rate of fifteen dollars ($15) per month, except that the —
minimum fee shall be thirty dollars ($30).
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.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Closing Out Sales Ordinance
By Alderman Schlather: Seconded by Alderman Holman
ORDINANCE NO. 82 -6
AN ORDINANCE AMENDING CHAPTER 16 ENTITLED LICENSING OF BUSINESSES
AND OCCUPATIONS 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. That Chapter 16 entitled "Licensing of Businesses and
Occupations of the City of Ithaca Municipal Code is amended as follow
A. That Article III Sections 16.31 through 16.38 of Chapter 16
entitled "Closing Out Sales" is hereby repealed.
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 recessed at 10:40 p.m. and reconvened in Regular Session at
10:45 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
Score Clock at Cass Par
By Alderman Holman: Seconded by Alderman Schlather
RESOLVED, That this Common Council approves the purchase and installa-
tion of a score clock at Cass Park Ice Rink to replace the existing
clock, at a cost not to exceed $6,362, and
BE IT FURTHER RESOLVED, That $6,362 be transferred from Account A1990,
Contingency, to Account A7182 -250, Other Equipment, and
BE IT FURTHER RESOLVED, That the City Attorney be requested to prepar
an Agreement between the City and the Ithaca Youth Hockey Association
for repayment of this cost in equal installments over a five (5) year —
period.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holman,
Myers, Clynes, Schlather
Nay (1) - Banfield
Carried
-11- July, 7, 1982 485
Mechanical All Stars Pro ram Su lies
By Alderman Holman: Sec on a by Alderman Schlather
RESOLVED, That the Youth Bureau be authorized to purchase supplies
for the Mechanical All Stars Program, at a cost not to exceed $330,
and
BE IT FURTHER RESOLVED, That $330 be transferred from Account A1990,
Contingency, to Account A7310 -311, Program Supplies.
Carried Unanimously
i Summer Youth i'9rk Program
By Alderman Holman: Seconded by Alderman Schlather.
WHEREAS, the Tompkins County Board of Representatives, on June 15,
1'982, adopted a resolution appropriating $25,000 for a Summer. Youth
Work Program to be made available to municipal- i_ties of this County
on a matching fund basis, and
WHEREAS, the Executive Committee of the City's Youth Bureau Board
has unanimously recommended that the City participate in this Program;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves an
amount not to exceed $8,250 as the City's matching shale for this
('7 Program, and
N BE IT FURTHER RESOLVED, That $8,250 be transferred from Account A.1990,
W o Account A7310 -101 Salaries and
� Contingency, t y y
Q BE IT FURTHER RESOLVED, That the Mayor and City Clerk be, and they
are, hereby authorized and directed to execute the Agreement with
Tompkins County.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Youth Bureau Petty Cash Fund
By Alderman Holman: Sid by Alderman Killeen
RESOLVED,. That a Petty Cash Fund in the amount of $25 be established.
)for the Youth Bureau, as requested by the Youth Bureau Director.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
G.I.A.C. Personnel
By Alderman Holman: Seconded by Alderman Schlather
RESOLVED, That the hours of employment for Cassandra Hadden, Assistant
to the Coordinator of the Media Access Center, be increased from 17 to
20 hours per week, as requested by the Youth Bureau Director.
Carried Unanimously
Collev Ave__n��u__e Capital Project Expenditure
Dy Alderman Ho man: Seconded by Alderman Dennis
WHEREAS, this Common Council has directed the Department of Planning
and Development to proceed with the preparation of a Collegetown
Redevelopment Proposal, and
WHEREAS, a detailed analysis of parking demand and traffic circulation
• patterns is central to any (RE) development efforts in Collegetown,
and
WHEREAS, the City and Cornell University have agreed to jointly retain
Travers Associates to conduct a traffic and parking assessment of
Collegetown, and a mutually satisfactory contract with Travers Associate:
has been worked out;
NOW, THEREFORE, BE IT RESOLVED That this Common Council authorizes
an expenditure, not to exceed ill,000, from the College Avenue Capital
Project No. 149, as the City's share for this study.
Discussion followed on the floor.
4 g6 -12- July 7, 1982
A vote on the resolution resulted as follows:
Ayes (9) - Hoffman, Killeen, Schuler, Dennis, Holdsworth, Holman,
Myers, Clynes, Schlather
Nay (1) - Banfield
Carried
Buildin rm De artment Equipment
By Al ean Holman: Seconded by Alderman Schuler
RESOLVED, That the 1982 General Fund Authorized Equipment List be
amended to include the purchase of an in -house computer, as requeste�
by the Building Commissioner, at a cost not to exceed $14,000, and
BE IT FURTHER RESOLVED, That the $14,000 required be transferred within
the Building Department Accounts as follows:
$10,875 from A3620 -407 to A3620 -220
125 from A3620 -411 to A3620 -220
3,000 from A3620 -422 to A3620 -220
Tablin Resolution
By Al erman.Banfield: Seconded by Alderman Hoffman
RESOLVED, That the funding of the proposed purchase be tabled for the
1982 budget, and that the need for computers again be looked into
overall.
A vote on the Tabling Resolution resulted as follows:
Ayes (4) - Banfield, Hoffman, Myers, Clynes
Nays (6) - Killeen, Schuler, Dennis, Holdsworth, Holman, Schlather,
Motion Defeated
Discussion followed on the Main Motion.
A vote on the Main Motion resulted as follows:
Ayes (.7) - Killeen, Schuler, Dennis, Holdsworth, Holman, Clynes, _.
Schlather
Nays (2) - Banfield, Myers
Abstention (1) Hoffman
Carried
Storekee er Position
By Al erman Holman: Seconded by Alderman Dennis
WHEREAS, the Board of Public Works approved the request of the
Superintendent for the establishment of a temporary position of
Storekeeper in the Streets and Facilities Division, pending the
appointment of a Vehicle Maintenance Supervisor;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council establishes
the title of Storekeeper, at Grade 22 of the 1982 Compensation Plan
for the CSEA -DPW Unit, and
BE IT FURTHER RESOLVED, That Joseph Leonard be appointed to the
temporary position of Storekeeper, at an hourly rate of $5.23,
effective July 5, 1982, as requested by the Board of Public Works.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Golf Course Manager Com ensation
By Alderman Holman: Seconde by Alderman Banfield
RESOLVED, That the salary of the Golf Course Manager, for the year
1982, be set at $14,743, being Step 9 of the 1982 Compensation Plan
for employees not covered by a Union Contract, retroactive to January 1,
1982, as recommended by the Board of Public Works, and
BE IT FURTHER RESOLVED, That $3,743 be transferred from Account A1990,
Contingency, to Account A7250 -101, Salaries.
Carried Unanimously
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July 7, 7.982 487
Labor Negotiator Agreement
By Alderman Holman: Seconded by Alderman Dennis
RESOLVED, That the Mayor and City Clerk be authorized and directed.
to execute an Agreement between the City of Ithaca and William L.
Holcomb Associates, Inc. for professional services in. the field of
City Labor Negotiations, Arbitration and Other Assistance, for the
period July 1, 1982 to December 31, 1983 at a cost not to exceed
$22,500.
Carried Unanimously
•Capital Project Transfer of Funds
By Alderman Holman: Seconded by Alderman Schlather
RESOLVED, That this Common Council approves the transfer of $8,500
from Capital PY-oject No. 77, Other Sewer Lines, to Capital Project
No. 190, South Aurora and Prospect St. Improvements, to cover the
construction cost of a sanitary sewer main, as requested by the
Board of Public Works.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
(y) Carried Unanimously
N Sewer Fund E ui 'Rent
Li.� By Al erman Holman: Seconded by Alderman Sch.lather.
Q RESOLVED, That the 1982 Authorized Equipment List of the Sewer Fund
Q be amended to include the purchase of a Safety Flame Arrestor for
the Sewage Treatment Plant, at .a cost not to exceed. $1,400, as
requested by the Board of Public Works, and
BE IT FURTHER RESOLVED, That $1,400 be transferred from Account
G8150 -312, Equipment Parts and Supplies, to Account G8150 -250,
Other Equipment.
Carried Unanimously
Wastewater Treatment Plant Bond
By Alderman Holman: Seconde y Alderman Schlather
WHEREAS, the Common Council of the City of Ithaca, Tompkins County,
New York, has heretofore determined to undertake the construction
of a new Wastewater Plant and related facilities, such facilities to
be jointly constructed pursuant to Article 5 -G of the General Municipal
Law, by and for said City of Ithaca and the Towns of Ithaca and
Dryden, Tompkins County, New York, and
WHEREAS, it is now desired to authorize the issuance of $20,680,200
Serial Bonds of said City to pay the City's share of the cost of
the Ithaca Area Wastewater Treatment Plant Project;
NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City of
Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying the City,
of ItN—ac-a-1-s--s-liare of the cost of the Ithaca Area Waste dater Treatment
Plant Project, consisting of a new 10,000,000. gallon per day activated.
sludge treatment plant to achieve secondary treatment and,phospherous
removal, primary and secondary settling tanks, aeration basins,,
phospherus stripper tanks, septic storage tanks, gravity thickeners,
primary and secondary digestors, sludge dewasting equipment, a new
administration building and chlorine building, approximately 6300 feet
of 48 and 36 -inch outfall sewer and 20 6 -inch ports, and improvements
incidental thereto, and original furnishings, equipment, machinery and
apparatus required in connection therewith, there are hereby authorized
to be issued $20,680,200 serial bonds of the City of Ithaca, Tompkins
County, New York, pursuant to the provisions of the Local Finance Law;
provided, however, that the amount of serial bonds ultimately to be
issued shall be reduced by the amount of any State and Federal aid
received by said City for such purpose, and further provided that no
such serial bonds, or any bond anticipation notes issues in anticipation
thereof, shall be issued until said City has received commitments from
the State and Federal Governments to provide aid for said project in an
amount and upon such terms and conditions as shall be deemed acceptable
by the Controller of said City. Further details concerning said bonds
will be prescribed in a further resolution or resolutions of this
Common Council.
488 -14- July 7, 1982
Section 2. It is hereby determined as follows:
a) TE—e—a—roresaid project described in Section 1 above is a joint
project and such project shall be jointly constructed and owned
by the City of Ithaca and the Towns of Ithaca and Dryden, pursuant
to an intermunicipal agreement entered into pursuant to the
provisions of Article 5 -G of the General Municipal Law; and
b) The maximum estimated cost of the aforesaid specific object or
purpose is $36,000,000 and the plan for the financing thereof
is as follows:
(1) By the issuance of the aforesaid $20,680,200 serial bonds
of the City of Ithaca authorized to be issued pursuant to
this resolution; —
(2) By the issuance of $14,966,640 serial bonds of the Town of
Ithaca, Tompkins County, New York; and
(3) By the issuance of $353,160 serial bonds of the Town of
Dryden, Tompkins County, New York.
Section 3. It is hereby determined that the period of probable
usefulness ol'the aforesaid specific object or purpose is forty years,
pursuant to subdivision 4 of paragraph a of Section 11,00 of the Local
Finance Law.
Section 4. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond anticipation
notes in anticipation of the issuance and sale of the serial bonds
herein authorized, including renewals of such notes, is hereby dele-
gated to the City Controller, the chief fiscal officer. Such. notes
shall be of such terms, form and contents, and shall be sold in such
manner, as may be prescribed by said City Controller, consistent with
the provisions of the Local Finance Law.
Section S. The faith and credit of said City of Ithaca, Tompkin
County, New York, are hereby irrevocably pledged for the payment of th
principal of and interest on such obligations as the same respectively`
become due and payable. An annual appropriation shall be made in each
year sufficient to pay the principal of and interest on such obliga-
tions becoming due and payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
(.1) Such obligations are authorized for an object or purpose
for which said City is not authorized. to expend money, or
(2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially
complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty days after the date
of_.such publication, or
(3) Such obligations are authorized in violation of the provisions
of the Constitution.
Section 7. This resolution, which takes effect immediately, sha
be pu lis e 1n full in the Ithaca Journal, the official newspaper,
together with a notice of the City Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows:
Killeen
voting Aye
Holdsworth
voting Aye
Banfield
" Aye
Schuler
" Aye
Clynes
it Aye
Myers
Aye
Dennis
if Aye
Holman
Aye
Hoffman
It Aye
Schlather
Aye
Carried
Unanimously
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-15-
July 7, 1982 48J
Audit
By Alderman Holman: Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the Budget a.nd
Administration Committee, in the total amount of $20,026.84, as listed.
on Audit Abstract #12/1982, be approved for payment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
i
Weatherization Program
By�Al erman Holman: Seconded by Alderman Hoffman
RESOLVED, That this Common Council approves the Wea.ther.i_za.ti_on. Program
as proposed by the Energy Task Force, at a cost not to exceed $5,000,
and
BE IT FURTHER RESOLVED, That $5,000 be transferred from Account A.1990-
Contingency, as follows:
$2,800 to Account A8570 -101 Salaries
(Y) 2,200 to Account A8570 -314 Constr. Mat. $ Supplies
N Amendment to Main Motion
W By Alderman Schlather: Seconded by Alderman Banfield.
RESOLVED, That the resolution read, "at a cost not to exceed. $2,200,"
Q and BE IT FURTHER RESOLVED, That $2,200 be transferred. . ., as follows:
$2,200 to Account A8570 -314 Constr. Mat. $ Supplies
thereby deleting $2,800 Salaries. -
Discussion followed on the floor.
Alderman Dennis called the question, which resulted. as follows:
Ayes.(4) - Killeen, Dennis, Holman, Myers
Nays (6) Banfield, Hoffman, Schuler, Holdsworth, Clyn.es,
Schlather
Motion Defeated
Discussion continued on the floor.
Tabling Motion
By Alderman Banfield
RESOLVED, That the matter be tabled.
The motion failed for lack of a second.
A vote on the amendment resulted as follows:
Ayes (4) - Banfield, Holdsworth, Clynes, Schlather
Nays (6) - Hoffman, Killeen, Dennis, Schuler, Holman, Myers
Motion Defeated
A vote on the main motion resulted as follows:
Ayes (7) - Hoffman, Killeen, Schuler, Holman, Dennis, Clynes,
• Myers
Nays (3) - Banfield, Holdsworth, Schlather
Carried
Purchase of Land for Ri ht -of -way
By Alderman Holman: Seconded by Alderman Dennis
RESOLVED, That this Common Council approves the purchase of land for
a right -of -way for the construction of the West Clinton Street Improve-
ment Project by making available the surplus, existing right -of -way to
the property owner, plus a purchase price not to exceed $3,500, and
BE IT FURTHER RESOLVED, That $3,500 be transferred from Account A1990,
Contingency, to Account A9550 -7, Transfer to Capital Fund.
490 -16- July 7, 1982
Executive Session
By Alderman Schlather: Seconded by Alderman Banfield
RESOLVED, That Common Council go into Executive Session at 11:45 p.m.
to discuss a specific tract of land.
Carried Unanimously
Resolution
By Alderman Schlather: Seconded by Alderman Dennis
RESOLVED, That this Council reconvenes in Regular Session at
11:48 p.m.
Carried Unanimously is
Mayor Shaw reported that the vote on the resolution which was taken
in Executive Session resulted as follows:
Ayes (3) - Killeen, Holdsworth, Holman
Nays (7) - Hoffman, Banfield, Schuler, Dennis, Myers, Cl.ynes,
Schlather
Motion Defeated.
Bus Grant Agreement
By Alterman Holman: Seconded by Alderman Banfield
WHEREAS, the City of Ithaca has submitted a request for a grant of
funds to the New York State Department of Transportation and the
United States Department of Transportation, pursuant to Section 18
of the Urban Mass Transportation Act of 1964 as amended, for a project
to purchase two (2) 39- passenger buses;
RESOLVED, That the Mayor be authorized to sign the Agreement between
the .City of Ithaca and the State of New York for the above named
Project, said Agreement, which is attached hereto and made a part of
this Resolution, and
FURTHER RESOLVED, That the Mayor is authorized to progress and complet
the above Project, and
FURTHER RESOLVED, That the City of Ithaca agrees to provide its share __.
of the Project Cost, which is estimated to be $28,452, according to
the terms of said Agreement, and hereby certifies the availability of
this amount for this purpose. The City of Ithaca's actual share of
the Project Cost shall be that portion of the actual project: costs,
determined by the final project audit, that is not reimbursed by
federal Section 18 and State Mass Transportation funds.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
Bar Closing Hours
By Alderman Ban geld: Seconded by Alderman Clynes
WHEREAS, a suggestion has been made that bar hours' be extended from
1:00 A.M. to 2:00 A.M. closing, and
WHEREAS, a 2:00 A.M. closing time is likely to create enforcement
problems;
RESOLVED, That the City of Ithaca request the appropriate authorities,
including the Alcohol Beverage Control Board,through its local office,
to retain the current closing hours of 1:00 A.M. for local establish-
ments serving alcoholic beverages and licensed by the Alcohol Beverag�
Control Board.
Carried Unanimously
Alderman Banfield requested that the Mayor, when writing the letter,
indicate that the resolution was passed unanimously.
Identification System
Al erman Holman reported that there was a meeting with the Sheriff of
Tompkins County. The Sheriff's department has the feasibility of
issuing laminated identification cards for all youths who will be
nineteen and older with pictures. The next step is to enlist the bar
owners to urge them to insist that the Sheriff's identification card
be used when serving alcoholic beverages.
Alderman Banfield requested that the Clerk's Office send cards to all
establishments affected; Clerk Rundle requested that a.list be prepared.
e�
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July 7, 1,982 491
CONSERVATION ADVISORY COUNCIL:
Alderman Hoffman reported that at its June meeting the Conservation
Advisory Council received comments from residents who were concerned .
about the proposal to build a 124 -unit housing development adjacent
to the City water shed and reservoir. Subsequently the CAC passed a
motion requesting the County to require a full environmental. impact
statement for the project.
CIRCLE GREENWAY COMMITTEE:
Alderman Clynes reported that the committee, with the City, Town of
Ithaca and Finger Lakes State Parks, are interested in acquiring a.
piece of property from Conrail, from Stone Quarry Road to Knight's
Crossing, in the southwest end of the City. There have been two
meetings on the subject. The Planning Department is putting together
a Memorandum of Understanding which is due in about two weeks, at
which time the council may have more information on what the State
Parks is interested in. She commented that eventually, they are
interested in having a bikeway; the Town and City are interested in
drainage problems.
SPECIAL COMMITTEES REPORT:
Human Services Coalition
Alderman Holman reporte7 that the coalition will be reviewing three
revenue sharing requests which have been forwarded to the city and.
will come to the council on or about August 1, 1982.
ITHACA URBAN RENEWAL AGENCY /COMMUNITY DEVELOPMENT COMMISSION
Alderman Dennis reported that the Agency has created a Developer
Selections Committee for the Collegetown project as follows: Alderman
Schlather, Alderman Dennis, Mayor Shaw, members of the East Hill. Civic
Association and representatives from Cornell University. The committee
will evaluate proposals received for development.
Alderman Dennis reported that the Agency has reprogrammed some money,
and are also still working on the Community Gardens project.
ITHACA ENERGY COMMISSION:
Alderman Holman presented the following report:
ENERGY COMMISSION STATUS REPORT: City Energy Improvements Since June
1981
1. Reduction in the electric usa a at Green Street Parkin Ram
A elamping program has occurred at the ramp with the removal. of
210 watts from each of 105 fixtures. The operation costs of the
lighting in 1981 was $18,652; estimated savings are $7006 /year,
In addition, a photoelectric switch has been installed. for daytime
shut -off of all lights. Estimated savings are $650 /year: Finally,
several low - pressure.sodium lights have been installed on the
second level on an experimental basis.
2. Delamping of City Hall
Bulbs rom fluorescent fixtures have been removed from overli.t
areas. Work has been ongoing since January 1982.
3. Dlonthly tracking of utility costs for all city -owned facilities
Since 1981 monthly recor s of the energy usage of all city
buildings and other facilities have been recorded for comparison.
studies. A list of highest users has been compiled so priorities
for conservation work can be determined.
4. An Energy Task Force of key city staff has been created.
This Task Force is cooperating with the Energy Commission to
develop energy conservation proposals and hopefully, work for
their implementation. In particular, the Task Force is planning
for a "weatherization crew" of BOCES students to perform repairs
to the Tin Can and other city buildings this summer. In addition,
they are developing energy conservation proposals for inclusion
in the Capital Improvements Budget for 1983.
S. A fuel management system has been purchased and will.soon be
installe - -- -
X--sophisticated fuel dispensing system will monitor 'all gasoline
492 -18- July 7, 1982
use for city -owned vehicles from a central facility. A 10 -20%
savings in fuel costs are expected. Gas and oil have been
budgeted for $278,000 in 1982.
6, Mayor Shaw has _s et specific goals for energy sa
L
or 1982 -84.
i
The Mayor has set specific caps for city energy use; specifically,
keeping within the budget of $952,000 for 1982, 1983, and 1984.
The city has previously experienced increases of 16% and 5% in
energy costs in 1980 -81 and 1981 -82 respectively. These goals wil'
help establish energy conservation as a priority for city staff.
7. The street li htin throu hout the cit is bein reviewed.
C uck arber of the city's Engineering Dept. has done a preliminary
review of the street lighting system and the lighting contract with
NYSE&G. He has also developed a proposal for the conversion of
844 lights from mercury vapor to high - pressure sodium. The esti-
mated savings are $9,556 /year. The estimated 1982 cost of street
lighting is $212,820.
8. The Cass Park offices and dressing rooms have been insulated.
Renovations at Cass Park have included building a vestibule entry
and insulating both walls and ceilings.
9. The installation of "tamper-proof" thermostat covers at Ci
At the cost of 13 cover, these have been installed throui
City Hall and settings are regulated by service personnel..
Mayor Shaw reported that the Energy Task Force has prepared a List of
about six capital improvements for 1983.
TOMPKINS COUNTY BOARD OF REPRESENTATIVES:
Representative Nichols reporte t at t e county is now in its budget
work and the budgets are due from the department heads on August 2.
The Commissioner of Social Services reminded them that they haven't
signed the lease with the city for space which they are using in City
Hall. The committee passed a resolution asking that the County Attorra_
negotiate with the City Attorney a three -year lease for the use of the
space in City Hall with a small increase in square footage rate. They
asked that the maximum notification for either party to break the lease
be six months, and that is also subject to negotiation.
Rep. Nichols reported that the cutbacks in federal funding have been
somewhat offset by increase in state funding so the Office . for the
Aging will be applying for various state monies to continue the
Nutrition Program and other programs for older people.
At present the EOC is using the old hospital building for food storage.
They have been able to obtain large quantities of surplus federal food
and needed a place to store.it. Also, the EOC Corp. has negotiated a
lease with GIAC.
NEW BUSINESS:
By Amman Killeen: Seconded by Alderman Schuler
WHEREAS, the Common Council has statutory authority unless otherwise
specified to confirm the appointments of individuals to lay boards,
commissions and other bodies vital to the governance of the City of
Ithaca, and
WHEREAS, this Common Council responsibility is also a process designe'
to achieve greater popular participation, intergovernmental coordina
tion, and public accountability, and —
WHEREAS, it would seem desirable and in the public good to enhance,
the integrity of the appointment procedure and process;
RESOLVED, the Budget and Administration and Charter and Ordinance
Committees are called upon to study the feasibility of establishing,
and so recommend the establishment of, an improved procedure of
appointment review and recommendation to the Common Council by
appropriate Standing Committees of the Common Council.
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Discussion followed on the floor.
July 7, 1.982 493
Amendment to Resolution
By Alderman Holdsworth: Seconded by Alderman Banfield
RESOLVED, That the resolution be amended by deleting the Budget and
Administration Committee.
A.vote on the amendment resulted as follows:
Ayes (6) - Banfield, Holdsworth, Dennis, Myers, Holman, Clynes
Nays (4) - Hoffman, Killeen, Schuler, Schlather
Carried
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Enforcement of Truck Stop
Alderman Holman requested the Executive Branch of the City to
communicate with the Sheriff's Department to ask for increased
enforcement of the truck stop on 96B since the truck drivers are
now coming down Hudson Street.
ADJOURNMENT:
On a motion the meeting adjourned at 12:35 a.m.
W
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reph A. Rundle, City Cler
•
William R. Shaw, Mayor
0
(PUSHCARTS - SCHEDULE A)
MOBILE VENDING CART REGULATIONS
FOR THE ITHACA COMMONS
Z. The Carts and Surrounding Area
1 nottexceedlsix wheels and easily
four movable by
width,ldandd all
ten
feet in height, inclusive of umbrellas, awnings, balloons,
signs, etc. The Commons Advisory Board (CAB) may consider
requests for minor alterations of these maximum dimensions.
2. Cart signs shall earance, and rshall otherwise be in conformity
substance and app
with the Ithaca City Sign Ordinance.
3. Cart design and appearance shall be reasonably compatible with
® the overall design.of the Commons.,and the surrounding buildings.
In this connection, all applications for mobile vending permits
will also be reviewed.by the City's Design Review Board. The
DRB will make recommendations to both the CAB and the applicant
concerning the compatibility of the proposed cart design with
the overall design of the Commons and the,s'urrounding buildings.
The final decision of the CAB concerning the compatibility of
the proposed cart design with the surrounding environment will
depend in part on the recommendations and suggestions of the
DRS and the responsiveness of the applicant to them.
�i
t +
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4. All items related to the operation of a- vending cart shall be
secured on,`,in, or under the cart: No.items shall be stored
or placed upon any public space adjacent to the cart.
5. Vendors shall keep sidewalks and other public spaces within a
ten foot radius of their carts clean and'free from paper,
peelings,; oil "•:and grease "spills, and refuse of any kind
generated from the operation of their carts.
6. Vendors shall provide a container for trash and litter
attached to;their carts. This container shall be emptied
regularly, as needed and shall be marked'as. being for litter
or trash.
Vendors shall be responsible for the removal of litter or trash
placed in their containers from the Commons.
8. Vendors shall not make any continuous noise of any kind by'
vocalization or otherwise (i.e., bells, horns, music, etc.)
for the purpose of advertising or attracting
{ merchandise.
9. Carts must be attended at all times by the owner or a bonafide
employee.
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10. Smoke and /or odors produced by the cooking of foods on a
mobile vending cart must be vented, filtered or disposed
of in a comparable manner so as to reasonably prevent the
release of odor or particulate matter into the surrounding
environment.
II. Locations
11. Vendors must not block or inhibit pedestrian traffic or
allow vehicular traffic to be impeded'because'of their
operation. 0
12. For reasons of public safety there are six fixed locations
for mobile vending on the Ithaca Commons. They are:
(a) The corner of East Seneca and North Aurora Streets
adjacent to the Seneca Street parking ramp.
(b) The corner of East Seneca and North Tioga Streets
adjacent to the pedestrian entrance to the Seneca
Street parking ramp.
(c) The north entrance to the Commons adjacent to the
planter across from Citizens' Savings.Bank.
(d) At the intersection of the Commons and South Cayuga
Street to the south of the fire lane between the
building line a"d the first' planter.: '
(e) Next to First Bank (west side) adjacent to planter
#13.
(f) In the „parking /park area next to „City Hall on East
Green Street adjacent to the pedestrian entrance to
the Green Street Parking Garage.
III. Hours of Operation
13. 'Operating, for mobile vending carts are between 8:00 A.M.
and 10:00 P.M. Cai•ts'must be removed from the Commons between
the hours of 10:00 P.M. and 8:00 A.M. Cart owners may petition
the CAB to operate outside regular hours on special occasions;
e.g., The I�haca Festival, etc.
IV. Permits
14. The CAB may issue up to six permits annually for mobile
vending on the,Commons. The CAB may refuse to issue a
permit:,
(a) To any. eligible permit holders in excess of six;
A
a
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(b) To any applicant who fails to satisfy' the application
requirements; and'
(c) To any applicant whose proposed cart design and
appearance is incompatible with the overall design
of the Commons and the surrounding - buildings.
15• A permit to operate a mobile vending cart on the Ithaca
Commons shall be issued by the CAB for the Season from April
1 through November 30, and shall be valid for one Season
unless suspended or revoked. Vendors may apply to have their
permits renewed each year.
16. The application for the permit shall include:
(a) The name and address of the applicant and the name and
address of the owner, if other than the ,applicant, of
the vending cart;
(b) A description of the type of merchandise to be offered
for sale;
(c)' A description of the cart to be used;
(d) Photographs or detailed sketches And;plans_of the cart;
(e) Proof that the applicant has complied with the established
regulations of the.Tompkins County Health Department,
f I other health and sanitation requirements, and other
appropriate state, federal and local`laws• and regulations
- applicable to the vending business;
'y
(f) A certificate of liability insurance in the amount of
$500,000.00 naming the City of Ithaca as additional
insured;
(g) The applicant.shall. provide the name'and, address of a
registered agent .upon whom service of process and other
legal'notices may be made; and
(h) A $50.refundable'application fee to be applied towards
the cost of the'p'ermit, if granted,. '
The CAB may Pequire additional pertinent information from the
applicant if deemed necessary.
17. Applications for mobile vending permits will be received and
considered'by the CAB or a designated subcommittee during
January'* Nb permit application will be.accepted after
January 31. Permits will be issued no later than March 15,
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18. Whenever 'any name or address provided' by the vendor on his
or her permit or application changes, he or she shall notify
the CAB within ten days of the change.
19.
After consideration according to the guidelines set forth in
these regulations, a pool of oli.gible. permit holders will be
established by the CAB or a designated subcommittee. Notice
of intent to vote on pending applications will be distributed
in writing to members of the CAB and all applicants in advance.
If there are from one to six eligible permit holders in the
pool, fixed locations will be assigned by,lot by the CAB.
If there are more than six eligible permit holders in the
pool, a lottery will determine the six applicants who receive
permits. The remainder of the eligible permit holders will
be placed on an official waiting list. Fixed locations for
permits granted under this procedure will be assigned. by lot
by the CAB. If a fixed location is vacated for any reason
during the Season, that location may be filled by the CAB.
The vacated location will be assigned by lot to an eligible
permit holder whose name appears on the official waiting list.
20. To offset the cost of issuing the permit, enforcing compliance
and.regulating the use,-the fee to operate a mobile vending
cart on the Ithaca Commons shall be $1,200.00. The fee shall
be paid in three installments of $100.00 each to.be due on
April 1, June 1, and August 1. All payments shall be payable
on or before the first.of the month in which they are due.
All payments shall be made to the Commons Office, transferred
to the City Chamberlain's Office, and deposited in the General-
Fund of the City of'Ithaca.
21. Permits to operate a mobile vending cart shall authorize the
vendor to use public space at a location and in a manner
specified.in the permit. The CAB shall indicate on all
permits the location and manner of operation.
22. The permit shall specify the particular products authorized
to be sold, the particular cart for which the permit is
issued, and the location of operation.. The permit shall
be valid only when displayed on the cart for which it was
issued and only when,the particular products Authorized on
the permit 'are being offered. The CAA may consider petitions
to alter permit specifications.
z
23. Vendors receiving permits shall:
(a) Ascertain and comply with all laws, ordinances, and
regulations appl.•icable to their.busihesses;
(b) Refrain from operating carts after permits,expire and
when the permits are suspended or revoked; and
-)I
i�
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(c) Surrender their permits promptly upon their revocation
or suspension.
24. No person, business or corporation may hold more than one
mobile vending cart permit in any given year. Permits to
operate a mobile vending cart are not transferable.to another
person or entity.
25, A vendor receiving a permit shall defend, indemnify, save
and hold harmless the City of Ithaca from any and all acts
of negligence arising from the vendor's use of the Ithaca
Commons and shall be;so duly insured in the minimum amount
of $500,000.00.
v. Enforcement
26. Any permit for mobile, vending may be suspended or revoked by
the CAB for'any of the following'causes:
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(a)
Fraud ,.misrepresentation, or false statements in the
permit application;
(b)'
Fraud;,misrepresentation, or false statements made in
connection with ."the selling of merchandise;
(c)
Violation of this regulation or of any ordinances,
holder of such
regulations, orAaws applicable to the
a permit;,
(cl)
Conduct of the business permitted in an unlawful manner
health
or in such a way as to constitute a menace to the
and safety of the public; or
(e)
Non payment of.'any portion of the'permit.fee.
27.
Notice,
"of - Proposed suspension or!revo'cation of a permit for
forth
mobile
vending shall be given in writing,.setting
the of the complaint, and summoning
specifically
the
grounds
vendor to a,hearing before the CAB no sooner than ten
days
after the notice is mailed.
28.
The
decision reached at the CAB hearing to suspend or revoke
a permit m4Y become effective immediately.
29.
Any
applicant whose permit is'revoked under this regulation
the expiration of
may
not reapply for another permit until
one
year from the date, of revocation.
30.
The
above regulations will go into effect immediately upon
City of Ithaca.
their adoption by the Common Council of the
be for the remainder of
All
applicable fees will prorated
the
1982 Season.
7/7/82