HomeMy WebLinkAboutMN-CC-1984-03-07COMMON COUNCIL PROCEEDINGS
CITY OF ITH_aCA, NEW YORK
Regular Meeting 7 :30 I', M. March 7, 1984
PRESENT:
Mayor - Gutenberger
Alderman (10) - Cummings, Dennis, Ha_ine, Hoffman, Holdsworth, Killeen
Myers, Peterson, Romanowski, Schlather
OTHERS PRESENT:
Deputy ontrd ler-- Cafferillo
Corporate Counsel - Stumbar
Dir., Planning & Development - VanCort
(6wol Fire Chief - Tuckerman
Police Chief - Herson
Building Commissioner - hoard
Purchasing Agent -- Clynes
Personnel Administrator - Shaw
Supt, of Public Works - Kinsella
Fire Commissioners (2) - R. Anderson, R. Slade
Chm., Energy Commission - Dylla
Tomp. Co. Board of Reps. (City Rep.) - Lifton
Planning Staff - Meigs
City Clerk - Rundle
C�1 PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Alderman Schlather requested a correction to the minutes of February 1,
1984: p. 8, Cablevision Mediation, line 3 should read January 23, 1984.
Resolution
By Alderman Schlather: Seconded by Alderman Killeen
RESOLVED, that the minutes of February 1, 1984, as corrected; and the
Minutes of the Special meeting of February 27, 1984 be approved as
recorded by the City Clerk.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing -- Proposed Zoning Map amendment - Collegetown Area
Resolution to Open Public Hearing
By Alderman Killeen: Seconde by Alderperson Cummings
RESOLVED, that the Public hearing to consider a proposed zoning map
amendment in the Collegetown Area be opened.
Carried Unanimously
Atty.Ralph Nash, Clinton House, representing Student Agencies, Inc.,
presented a petition of protest against the City's proposed College-
town rezoning plan. The petition was signed by 20 property owners
representing in excess of 60 percent of land area in this zone. In
addition they represent over 200 of the entire area in all 3 zones
affected by the proposed zoning ordinance. Among other things, the
owners of property in the B2 -b zone are upset by the limitations imposed
by the proposed plan on their development pot:enti.al. On behalf of
the signers of the petition Atty. Nash requested the Common Council
to take notice of General City Law, Section 83 and its requirements.
Lynn ,Marshall, student, C.U. who has resided in Collegetown two years
and plans to be there an additional ihree years, addressed the Council
stating that she does not believe saiet.y concerns of pedestrians have
been adequately addressed in considering the zoning plan.
Stephen Mirabito, student, Dept. of City and Regional Planning, C.U.,
addressed the Council, claiming the proposed zoning plan will do the
following: curtail future development of Collegetown properties;
discourage visitors and /or patrons to participate in commercial
activities; limit type of businesses that can be situated in the dis-
trict; decrease rental prices for retail units which will decrease
purchases made with the Possibility of city taxes being lost; and
he proposed additional parking facilities be considered.
• i
- 2 --
March 7, 1.984
Vincent Mulcahy, S02 N. tioga Street, spoke of his concern with the
proposed parking in Collegetown and asked what the goal is for the
parkin; requirement. He commented t11,-It Ile has long -term problems
with the plan suggested.
John Weir, (325 University Avenue, a student in the Urban Affairs
Departmen( -., C.U., commented that the student parking concerns shot)](]
be a part f the zoning atntendment. I I c 5 >1,ggc ;tc (I tha.f. I,erm or
parking be .-onsi derecl.
Mayor Gutenberger responded that the Common Cowecil_ has requested
the New York State Legislature to provide enabling legislation to
allow the permit system.
Chris Anagnost, 304 College Avenue, asked if the Common Council
would take action on the proposed zoning amendment that evening.
Mayor Guten.berger responded that he hoped the Council would give
some direction to the community..
Resolution to Close Public Ilearing
By Alderperson Haine: Seconded by alderman Killeen.
RESOLVED, that the Public Hearing to consider a proposed zoning map
amendment in the Collegetown Area be closed.
Carried Unanimously
Mayor Gutenberger asked Atty. Stumbar to advise th.e Council_ as to
what action they could take. Atty. Stumbar responded that he would
need to review the petition and check to make sure the signers are
in fact the owners and what percentage of the land i.s covered.
Mayor Gutenber er adjusted the agenc'_a so that XTX. UNFINISHED AND
MISCELLANEOUS BUSINESS be taken tic) next.
Alderman Schlather pointed out that the actual issue, as noted by
Mr. Anagnost, is not on the agenda.
Resolution
By Alderman Schalther: Seconded by Alderman Killeen
RESOLVED, that under Item XIX. UNFINISHED AND MISCELLANEOUS BUSINESS,
a provision be included for discussion of the Collegetown Zoning
Amendment, and ask that the Council have some discussion of the issue.
Carried Unanimously
Resolution
By Alderman Dennis: Seconded by Alderman Killeen
RESOLVED, that the issue be tabled and referred hack to the Planning
and Development Committee for review, splitting two issues -- hotel and
parking.
A vote on the resolution resulted as follws:
Ayes (9) - Cummings, Dennis, Ila:ine, Hoffman, Killeen., Myers,
Peterson, Romanowski, Schlather
Nays (1) - Holdsworth
Public Hearing- -Proposed Zoning Ma
Resolution to Open Public Hearing
By Alderman Romanowski. Seconded
RESOLVED, that the Public. Hearing
amendment on Commercial Avenue be
Carried
Amendment - Commercial Avenue
by Alderperson Flaine
to consider a proposed zoning map
opened.
Carried Una- nintous] -y
Atty. Paul. Tavelli, representing Empire Building Supplies, which is
located on Old Spencer Road in an R -2 Residential Zone, informed
the Council that Empi -re Building Supplies llave entered into a con-
tract to buy the Old Century buildin <o which is located on Elmira Road,
-3-
March 7, 1.984 '-.9?
contingent upon the city rezoning a portion of the area which is
adjacent to an industrial zone to Industrial. Planning Board approved
rezoning of the 300' parcel and it is now in the Planning and Develop-
ment Committee.
David Cutting, part owner of the Century Store, read a letter from t:he
person operating Pizza Hut, expressing no objection to the proposed
move; also, Burger King and Bill Maiios ir)dicated no objection.
Mr. Cutting commented that the Elmira Road Association approve the
proposed move.
Resolution to Close Public Bearing
(400"By Alderman Schlather: Seconded-by Alderman Dennis
RESOLVED, that the Public hearing to consider a proposed zoning map
amendment on Commercial Avenue be closed.
Carried Unanimously
Mayor Gutenberger directed that Item XIV C be moved up on the agenda
and be taken up at this time.
If) CHAR'I'ER AND ORDINANCE COMMITTEE:
(�! By Alderman Sc lather: Seconded by Alderman Holdswor.th
ORDINANCE NO. 84 -3
AN ORDINANCE AMENDING THE ZONING MAP, CHAPTER 30, SECTION 30.22 OF
(IJ THE CITY OF ITHACA MUNICIPAL CODE.
11.1
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING ZONING MAP.
111. That the "Official Zoning Map of the City of Ithaca, New York"
as last amended, is hereby amended and changed so that the following
described area presently located in the B -S Service Business District
is reclassified and changed to the I -1 Industrial District:
(Wo", All that tract or parcel of land situate in the City of Ithaca,
County of Tompkins, State of New York and bounded and described as
follows: Beginning at an iron pipe which is 35.5' northerly from a
concrete monument in the northwesterly highway line of the Elmira
Road and which point of beginning is 118.2' from the intersection of
the northerly line of Commercial Avenue and the northwesterly line of
the Elmira Road; running thence N 83° 41' W 365.3 feet to an iron pipe,
running thence N 3° S1' E 380.9 feet to an iron pipe; running thence
S 8S1 16' E 383.1. feet along an old fence to an iron pipe; running
thence S 71 24' IV 196.5 feet to an iron pipe; running thence S 50 39'
W 194.7 feet to the point or place of beginning.
Said parcel is more particularly shown on a map entitled "SURVEY
MAP, No. 100 Commercial Avenue, City of Ithaca, Tompkins County,
New York, dated January 17, 1984 and drawn by T.G. Miller Associates,
P.C., Engineers and Surveyors."
2. That in accordance herewith, the City Clerk is hereby directed
to make or cause to be made the necessary changes on said Zoning Map.
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
Q-0e, With law upon publication of a notice as provided in S 3.1.1.(B) of
the Ithaca City Charter.
Discussion f011Owed on the lloon.
A vote on the resolution resulted as follows:
Carried Unanimously
,z-90 -. 4- March 7, 1984
ADDITIONS OR DELETIONS TO THE AGENDA-
Budget and Admin— isti'ation Committee
Alterman Dennis i.n.formec tle Council that 1:here will be a resolution
regarding Ttem XV. L. Copies of the reso] uti on were list :ribul:ed t:o
Council at Ft;�rt of the meetin;
No Council membez objected.
New Business
Alderman Hoffman indicated that he had distributed copies of a.
resolution (Item XX. A. I' MTRAN SUPPORT) .
No Council member objected.
Ithaca Energy' Commission
Alderperson Cummings requested the addition. of one item -- Annual. Repori:
of Ithaca Energy Commission.
No Council- member objected.
Budget and Administration Committee
Alderman Dennis requested ad ition of Item M. Labor- Ma.nagernent: Ilea.lth
Insurance Committee.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
American Community Cablevision -- amendment of franchise
Steve Jac son, 110 Ozmun Place, a ressec t e Council as a concerned
Ithacan regarding:
1. Item 22 of proposed amended television cable franchise, Record.
of Complaints, stating that the record of complaints is very
important for the city's evaluation.
2. Item 18 of proposed amended franchise, noting that determination
of inadequacy does not mean the same things as failure to comply
with the terms of the agreement.
3. Consideration of municipalization of franchise in 1988.
Mr. Jackson urged the Council while considering the amended franchise
to also consider initiation of the process of studying whether or not
municipalization of the franchise makes sense, taking into account:
1) most residents use the services of the cable in one way or another;
2) cable technology and service is changing rapidly; and 3) the
services offered by the franchise should be changing in response to
broad public needs as the technology changes.
Valentine Place - -Pro osed Rezoning
Carl Schrni , representing the Valentine Place Neighborhood. Alliance,
consistingof 26 families, spoke to the Council, reaffirming the
Alliance's opposition to high density zoning for the property at the
end of Valentine Place. They believe such zoning would. have a. severe
adverse effect on the social and economic environment in that area.
Also, they are concerned about the 4 -month delay in the completion of
the FEIS, and are looking forward to it being published and discussed
in public.
Appointment of Employee
Etta Gray, City of Ithaca employee, spoke to item XV -L, Starting New
�loyee, Sr. Stenograpter, at Sten 8 on Compensation Plan
"Since it is management's right to hire, promote, and transfer employee
propriety dictates it is Council's place, not mine, to ask very obvi.oris
questions. I will comment on the recommendations from your Budget F,
Achrrinistratim! Carrunittee. first, keep uppermost in your I-11i_nd t;h<rt
two women. presently employed by the City were interviewed for this job,
but were told that if they transferred to this vacancy it worzld not be
at this high salary. Our compensation plan has 10 steps; 8 is pretty
close to the end.
-5- March 7, 1984
I wondered how B &A arrived at the justification for this starting 23I
salary If B &A determined that the skills required acid. the responsi-
bilities of the vacancy to be filled were beyond the job description
of Sr. Steno, it was their duty to inform the department head to
advertise and canvass a higher classification. If, on the other Band,
B6A determined that it was impossible to find a candidate to meet the
qualifications of Sr. Steno because of the Compensation. Plan of the
Cite being too low, B&A is morall,, obligated to address that problem- -
to update the Compensation Plan to benefit a]] others already holding
that title and to have the Plan reflect a. realistic starting sa]a.ry
for a new employee.
I am an officer of the City Administrative Unit of Local 855 and a
member of the Board of Directors of C.S.E.A., Inc. but I'm not
speaking for the Union. This Union matter will be taken. up in contract
LO negotiations, and I can tell you the union has never been confronted
M with such generosity on the part of the city. Tonight I am speaking
(;}) for myself.
(A My title is Sr. Stenographer; I have been with the city since 1977
and I'm at Step S. The city has many loyal employees who want to
believe what you claim to be - -an Equal Opportunity Employer, but too
often we have been told, and had to swallow, the contemptuous official
motto of the city; excuse me, it is the unofficial motto of the city
that we say "unfair is not illegal." In my opinion this proposal
is grossly unfair. Thank you for letting me speak."
American Community Cablevision Issue
Leonard Ferris, 104 Short Street, addressed the Councilcommenti.ng that
he had appeared before various city boards in the past voicing the
opinions of many people regarding the illegality of local hookups in
their homes regarding television and FM sets. Iie said the FCC ruled
a few years back that the telephone system was no longer allowed to
charge extra for extra phones in homes where there was a. private line
with their own telephone. People feel that this should be the same
thing regarding the cable system. The FCC regulations and state law
as amended this past year both sad- the municipality governing body
which in this case is the Council, have the authority to decide what
is illegal and not illegal under the franchise. He urged the Council
to take this into consideration and amend any new contract or altera-
tions to reflect this so that people would have the opportunity of
having their own system in their home compatible with and subject to
inspection by ACC for any technical difficulties that might be
determined, and under such arrangement that the service could be
discontinued if there is something of a technical nature that would
cause harm for any equipment. Re,ardi.ng municipalization of the ACC
lie stated that he is very much opposed to that as he believes in free
enterprise, and stated that he will fight that with everything lie
has.
Northside Zoning
Helen Stone, 108 Short Street, on belialf of Bob h'ischusen of Franklin
Street who couldn't attend the meeting, read the following:
"Zoning lads were made to protect the stable elements of the community.
(4000,
The stable elements arc you and me, home owners; we are nee,)le%rho
pay the city taxes, school taxes and support the churches. Zoning
laws were made to protect the characteristics of the neighborhood.
They are to protect the neighborhood from unwanted influences. In
April of 1981 the Common Council of Ithaca voted to accept the re-
visions of Chapter 30 into the zoning law 3026 and it specifically
says in a Rb -2 district the maximum number of residents for a group
care residence shall not exceed 10. The Broome County Developmental
Services is proposing to place a 12 -bed, plus at least 2 full -time
staff, 4;roup home on the 214 -216 Best Lincoln Street site. To do
this wi11 require a special buiIding permit and a use variance to our
zoning laws. these are the zonin- lags that Common Council voted
for.
I have taken it upon myself to point out the shortcomings of B&A, so
I'll go a step further. B &A Committee do not keep and make avail-
able minutes of their meetings as required
under
the Freedom of
Information Law. This afternoon in City Hall it
was impossible to
find out what the resolution was which was
to be
presented tonight.
I couldn't find out until after I got here
after
7 :30.
I am an officer of the City Administrative Unit of Local 855 and a
member of the Board of Directors of C.S.E.A., Inc. but I'm not
speaking for the Union. This Union matter will be taken. up in contract
LO negotiations, and I can tell you the union has never been confronted
M with such generosity on the part of the city. Tonight I am speaking
(;}) for myself.
(A My title is Sr. Stenographer; I have been with the city since 1977
and I'm at Step S. The city has many loyal employees who want to
believe what you claim to be - -an Equal Opportunity Employer, but too
often we have been told, and had to swallow, the contemptuous official
motto of the city; excuse me, it is the unofficial motto of the city
that we say "unfair is not illegal." In my opinion this proposal
is grossly unfair. Thank you for letting me speak."
American Community Cablevision Issue
Leonard Ferris, 104 Short Street, addressed the Councilcommenti.ng that
he had appeared before various city boards in the past voicing the
opinions of many people regarding the illegality of local hookups in
their homes regarding television and FM sets. Iie said the FCC ruled
a few years back that the telephone system was no longer allowed to
charge extra for extra phones in homes where there was a. private line
with their own telephone. People feel that this should be the same
thing regarding the cable system. The FCC regulations and state law
as amended this past year both sad- the municipality governing body
which in this case is the Council, have the authority to decide what
is illegal and not illegal under the franchise. He urged the Council
to take this into consideration and amend any new contract or altera-
tions to reflect this so that people would have the opportunity of
having their own system in their home compatible with and subject to
inspection by ACC for any technical difficulties that might be
determined, and under such arrangement that the service could be
discontinued if there is something of a technical nature that would
cause harm for any equipment. Re,ardi.ng municipalization of the ACC
lie stated that he is very much opposed to that as he believes in free
enterprise, and stated that he will fight that with everything lie
has.
Northside Zoning
Helen Stone, 108 Short Street, on belialf of Bob h'ischusen of Franklin
Street who couldn't attend the meeting, read the following:
"Zoning lads were made to protect the stable elements of the community.
(4000,
The stable elements arc you and me, home owners; we are nee,)le%rho
pay the city taxes, school taxes and support the churches. Zoning
laws were made to protect the characteristics of the neighborhood.
They are to protect the neighborhood from unwanted influences. In
April of 1981 the Common Council of Ithaca voted to accept the re-
visions of Chapter 30 into the zoning law 3026 and it specifically
says in a Rb -2 district the maximum number of residents for a group
care residence shall not exceed 10. The Broome County Developmental
Services is proposing to place a 12 -bed, plus at least 2 full -time
staff, 4;roup home on the 214 -216 Best Lincoln Street site. To do
this wi11 require a special buiIding permit and a use variance to our
zoning laws. these are the zonin- lags that Common Council voted
for.
6- March 7, 1984
Are we going to bend the rules for every special interest group or
are we going to stand pat on these rules? Some people will argue
and say the zoning rules don't apply in this instance. Does this
mean that the State can come into our city and run roughshod? No,
I don'? hinl< so. I 1.11i.nl: yc:u will have i..o agree they should.
forced to respect our zoning laws. When someone wants to build a
garage which is in conflict with the zoning laws they have to appeal_
to the i ?o r' of Zoning Appeals, They-have to shov,,, a 11:1rdship and
they have to show why the rules are unfair in their circumstances
and why a variance should be granted. Lei's make Broome County
shoe this hardship and why the W. Lincoln "i tc is needed over ome
other alt...rnative site. Has an alternative site ever been proposed?
No. The rules are written for everyone to follow and. you, Common
Council, should not flagrantly throw use variances around or grant
lightly changes to the laws you voted for.."
Ms. Stone asked if the city has to respond to the State by the 12th
on this issue, and, also, if the building plans have been seen yet.
Mayor Gutenberger responded that he had asked for an extension which
would allow discussion that night after the 40 days were up. Ile said
he had seen some plans, and asked Building Commissioner hoard if he
had seen building plans. Mr. Hoard replied that lie hadn't.
Daniel Rhoads, 201 W. Lincoln Street, addressed the Council in
opposition to the group home proposed in the Fall Creek neighborhood.
Ile presented a petition containing 89 signatures which reads as
follows:
"We the neighbors and taxpayers of the Va:ll Crock neighborhood do
hereby petition the City of Ithaca Planning Board and the City of
Ithaca Zoning Board to deny permission to build the Broome County
Developmental Services Group Home facility on the 214- -216 W. Lincoln
Street site for one or all of the following reasons:
1. Loss of property value.
2. Increased traffic congestion and lack of parking fa.clUties.
3. Inadequate site size in relation to the number of people proposed.
for the home.
4. Dissimilar architectural plans when viewed in relation to the
homes in the neighborhood.
In addition, he commented that another reason. to oppose it is because
of flooding in the area which is the lowest spot in Fall Creek. Also,
most of the storm drains in that area are larger than the storm sewers
in the rest of the neighborhood and, as a result, the water backs up
and floods that area. If that occurs he thinks the state will be
demanding that the storm sewers be replaced, which means appropriating
tax dollars to replace them.
Mr. Rhoads further asked "when is enough enough ?" This will mean the
fifth group home in Fall Creek. He said a promise was made by city
officials when zoning the area that no one area would get more than
its fair share of group homes; yet there are other areas in the city
which have never had a group home in them.
Mr. Rhoads stated that the residents in the area are extremely angry
because they had to find out about this proposal quite by accident.
At no time were they informed that this was being considered as a
site The secrecy involved and conflicting stories about what is goinlT
to be placed there has upset the residents. if the object of this
home is, as Mr. O' \eil- stated, to assimilate these people into the
neighborhood they are bringing them into a. hostile atmosphere. Ile 1,40)
asked Mr. O'Neil if the project hadn't been. turned down in Broome
County before deciding to consider Tompkins County. Mr. O'Neil
replied, "no." Ile said four homes were proposed: 1 in Broome County
which is under the same review process, 2 in Delaware County and 1
in Tompkins County.
Ernest Grosser, 102 IV. Fall Street, spoke to the Council, voicin`.
opposition to the placement of yet another group home in the area.
- 7 --
March 7, 1.984
,Z/_%�
Ile said, after reading about the proposal. in the Ithaca Journal o»
February 23, 1984, he attended a meeting at which Mr. O'Neil made
the statement, "it is going to be done this way." Mr. Grosser said
it will be more of a hospital than a home, will. increase traffic
congestion and cause property values in the area to decrease.
Leonard Ferris, 104 Short Street, read the following letter sul)mi.tted
by Mrs. Ethel i.istar, 210 {Vest Lincoln Street:, who could not att=end:
"To Whom It May Concern: (including Board of Zoning Appeals, City
Ithaca, New York)
On Monday evening, January 30, 1984, 1 attended a meeting of the Fall
Creek Civic Association. At that meeting, those in attendance were
(W000,111 told of the possibility of a home for developmentally disabled /mentally
retarded individuals being built within 200 feet of my residence.
I have looked over the property at 216 W. Lincoln Street, where this
structure would be built, and have arrived at the following conclusions:
1. Parking is allowed only on 1 side of the street -- across the
street on the South side.
I-()
2. A one -story building on the property is out of character for the neighborhood.
0)
(11 3. School Bus traffic, in addition to traffic to and from NYS Rt.
el) 13, School District staff, and students that drive to the High
School, people who drive through to get to "Gun Shop Hill" and
the many apartments at Fall Haven and Cl.iffside Apart=ment=s on
Lake Street all create a situation of traffic congestion.
After assessing these facts, I am opposed to having the property at
216 IV. Lincoln Street used for the purpose for which the request is
being made.
Submitted by
(Mrs.) Ethel N. Listar"
Mr. Ferris requested that the Council question Mr. O'Neil. about the
proposed home. He commented that the density of population and size
of the lot on which the home would be built are some of the reasons
for his objection, in addition to the attitude of the state that
local zoning laws don't apply to them.
Steve Fellows, 641 Snyder Hill Road, representing the Human Rights
Commission, addressed the Council, stating that the Commission is very
much behind the principle of a group home, although they realize that
principle and practicality are not always the same thing. He said
lie had listened to people at a previous meeting and to the people who
spoke tonight and he couldn't help but be struck by the opposite
poles involved. He said if the city and people involved could come
up with sound reasons why a group home should not be put: in this
neighborhood, such as inadequate space, a real traffic problem, or
something like that, then obviously the home shouldn't be there. lie
urged that the people get their facts straight before turning down the
home. lie said it is not reasonable or fair to compare a home for
disabled persons with a home for jiivonile delinquents. He said he
bel=ieves the city can get the kind of information it needs to address
the issue in a fair way.
Coo, John Ryan, 106 Fall Street, addressed the Council speaking in favor
of the Planning Board's recommenclation to Common Counci.l. Ile commented
that many of the concerns of those who have t=estified about: t =he facility
have been reviewed by the Planning Board and they do recommend it to
the Council. lie spoke in favor of the facility as a resident of Fall
Creek and the immediate area with the most direct impact of the facility.
Ile said lie be] i.eves , as others, that a community is best judged by
how it treats its least fortunate members. Ile would like to think of
this as a good community. Ile stated that lie would like to be a part
Of a neighborhood advisory board, if established, to work with Broome
County to try ;in<1 iron out any d i l I teal t i es which might emerge.
�- March 7, 1984
IMr. Ryan stated that he has a son who is a. mentally retarded a.dul.t
who will be leaving home, can live somewhat autonomously, but needs
some help, something like a group home; and lie is wondering hour the
world is going to be to his son who , on the marcrin of the
conniill1 -6 T < nei then outside or inc ,Lc ,
Richard hiltlich, 320 Linn Street, spoke to L1-)c C' unci.l in favor of the
roil > home. !le said lie lives wi_thi.n 200 fcot: of- a. group
proposed g 1
home on I_,inl, St rf;et whi c}j hash' t made any i ml�acl. one' x,111 c}i hasp' 1
affected property values. After listening to the discussion of the
issue he f �e7 s f.herf ire two i ss��e" _; : 1) concern for the 1 01)1 e 1,1ho
will be living in the facility and why this location i.s inapl�rol,i a a Le
for them, bo believes the officials from the state and Rr.00me Country
Services have the best interests of the individuals in mind and would
not be proposing the site in question if they felt there were severe
deficiencies that would be detrimental to the residents there. 2) the
fact that the Fall Creek neighborhood has been chosen
this type of facility does not indicate to him that it is being singled
out for more than its share. It is an indication that given the
difficulty that is usually associated with locating these facilities
because of opposition, it is an indication that the community is one
to be proud to live in, that there has been more enlightened response
to these proposed facilities, and he hopes this trend will continue.
After 3 years as a resident and homeowner in Fall Creek he hopes he
can continue to be proud to live in that neighborhood..
Donald Lif-ton, 605 N. Aurora Street, addressed the Council- saying he
lived in the same block as a group home and came to the meeting to
speak in favor of the recommendation which will he more formally
presented by the Planning Board. Iie said the Planning Board acted
cautiously, wisely in considering the issues at length. ']'lie pc,l. t.iOil
laid upon their table spoke to a few issues and. he believes the
recommendation of the Board addresses them.
Mr. Lifton said when he bought his home he knew the group home was
there. lie felt very lucky to get his home in Fall Creek which was
appraised when he bought it and again a year later when he refinanced
it, and he does not believe the bank would have loaned him money if i
thought the property had depreciated. The professional doing the
appraisals told the bank the property had appreciated 1.7% which sugge ..s
that in the situation of Fall Creek the presence of a group home in
the neighborhood does not detract, but enhances the value of a home.
He urged Common Council to recommend to the Mayor that we proceed with
a warm welcome to the group home proposed for the area on. Lincoln Street.
Jonathan Bernstein, 21.6 Dey Street, spoke to the Council, saying he
opposes the group home. He said a facility of this kind has to be
welcomed by the people there. Residents of a home being placed in the
neighborhood cannot interact positively with people who a.re suspicious
of them. That is the whole principle of locating a home in a neighbor
hood. He said people would welcome a grout) home if it were located in
residence similar to their own, but- they are concerned about. the
impact of an institution -like facility being dropped into their neigh-
borhood which dosen't look like their own home, which can never be made
to look like their own horse and which can be expanded both vertically
and horizontally to encroach upon their land. lie asked if this is
going to be a Fall Creek facility or a State facility.
Larry O'Neil, 502 Utica Street, addressed the Council, pointing out
that in response to the petition lie thinks they have answered the
issues that were addressed in the petitions. lie passed out to the
Council a study that was clone by Dr. Julian h'olpert of Pri- rnceton I nll
University which did study group homes through New York State con' III
residences. The study was updated in 1982 and bound that a community
residence such as the one being proposed does not impact on the
property values in the neighborhood where i_t: -is locried. Ile indicated
that the.processes followed are those that are spelled out in the laws
of New York State. That law was put. in effect to try to avoid 1-110
kind of chaos that existed in the siting of community residences prior
to its enactment where there were instances of no notification to
municipalities and homes were chosen without proper consideration by
the municipalities in which they were located.
hip. O'Neil commented that wl►iIc the term modular has been used, this
is not a modular home. The term modular design means that the proto-
type against which they are building was designed in such a way that
the house could be reconfigured as necessary to meet particular'`
considerations of terrain, etc.
Mr. O'Neil stated that he will not apologize for the experiences of
Group }Tomes, Inc. in the Fall Creel: area even though it was an un-
pleasant one. tic said there has hecri a positive inter.a.cti.on and one
they have enjoyed. They operate 52 units as an agency throughout the
Tompkins County community in every township throughout the area.. Fall
Creek was chosen because of the fry, t that they are deal.i.n;T with non -
ambulatory, non - selfpreserving population. To address the issue of
traffic, he said they hold all meetings away from the house in other
locations, and have sufficient off-street parking to accommodate staff.
REPORT FROM BOARD OF PREPRESENTATIVES:
Donald Lifton, City representative of Tompkins County Board of Repre-
sentatives, presented a brief update on the issue of Greyhound Bus
Line vs. TOMTRAN, and answered questions of the Council regarding same.
PLANNING $ DEVELOPMENT BOARD LIAISON:
Liaison Romanowski reported that the Board had not discussed zoning
requirements of Broome Developmental Services site and hadn't discussed
other possible sites or loss of tax revenue resulting from the property
being taken off the tax roll because they felt these and other technical
(� concerns would come under other departments and boards. He presented
the following resolution from the Planning f, Development Board:
"IVHEREAS, the Mayor requested that the Planning and Development Board
1y� -1 hear the proposal of Broome Developmental Services for erecting a
L`t.l building at 214 -216 W. Lincoln Street to be used as.a residence for
the mentally retarded and developmentally disabled, and make a
recommendation to the Common Council, and
WHEREAS, the Mayor requested that the regular Board meeting be a
public forum for this issue, and
WHEREAS, the Board heard and received comment from persons both for
and against the proposed facility, and
WHEREAS, the Board has considered the pros and cons as presented by
(600e, the Broome Developmental Services and the public; now, therefore,
be it
RESOLVED, that the Planning and Development Board recommend UNANIMOUSLY,
6 -0, that Broome Developmental Services receive City support for their
site location at 214 -216 W. Lincoln, providing (1) special attention
is given to neighborhood architectural similarities, and (2) Broome
Developmental Services work to form a neighborhood advisory
group as soon as possible.
BROOME DEVELOPMENTAL SERVICES SITE:
By Alderman Roffman: Seconded by Alderperson Cummings
WHEREAS, by State law, the Mayor of the City of Ithaca must respond
by March 12, 1984 to the proposal. of Broome Developmental Services to
construct a residence for the mentally and developmentally disabled
at 214 -216 W. Lincoln Street, in Ithaca, and
WHEREAS, the Mayor requested that the Planning and Development Board
hear the proposal and use the regular Board meeting of February 28 as
a public forum :for this issue, and
WIIEREAS, the Planning and Development Board, after receiving comments
from persons both for and against the proposed facility, recommended
unanimously, 6 -0, that Broome Developmental Services receive City
support for their site location at 214 -21.6 Id. Lincoln Street, providing
(1) special attention is given to neighborhood architectual similarities,'
and (2) Broome Developmental Services work to form a neighborhood
advisory group as soon as possible; now therefore, be it
I:F.SOLVI:D, that Common COLUICil supports in principle the proposal by
Broome Developmental Services to build a residence for the develop -
mentally disabled at 214 -21.6 IV. Lincoln Street, and be it further
..10_ March 7, 1084
RESOI,VFD, that Common Council °enuc',st.s t.11a.t Ilronnle Developmental.
Services make every reasonable effort to design and construct a
building that is in harmony with 1-110 character -ind architectlli-e to
the neighborhood, and that Brooine 11c vclopillell t.,11 �; rvi ccs work
the Ci ry'.5 Design Review BO ird t.c achieve. this f�,oal _ a.nd I,�e i t. further
RESOLVED, that Common Council feclucst:s that Broo;ne IJevcl_opmerlt,
Services ces work to form a nei f711borh0od advisory group as soars as Jos ;i
Discussion followed on the floor.
Alderman Schlather asked if the el:Iort. 1.0 at.t.ach conditions would. be
bindin- on the stag, Corp. Counsel St:urnbar rc:spoll;i. 1 that hO )CI .iev
not Mayor Gutenberger commented that he believed the Broome Develol
mental Services would make every effort to work with the city and a
neighborhood advisory groul7 to consider the issues brought out:.
Alderman Schlather asked if the agency planned to go through the
variance process, Mr. O'Neil responded (�� they the
commented that they feel very
resolution.
After further discussion, a vote on t }le resolution resulted as follow,:
Carried Unanimously
ITHACA ENERGY COMMISSION REPORT:
Doug Dylla reporte that for the first time the City last year 5-aw
an actual drop n energy costs -- $73,000, or about 70. He presented
i
the Annual Report of the Ithaca Energy Commission, touching on some
of the items and projects of the past: year which contributed to the
reduction of costs. Ile also outlined some of the problems the
Commission would like to work on in the coming year.
Mayor Gutenberger expressed appreciation to the Commission for the
excellent job they have done.
Recess
Common Council recessed at 1.0:18 p.m. and reconvened in regular
session at 10:28 p.m.
C0M'MUNICATIONS FROM TILE MAYOR:
Charter and Code Review Committee Report
Mayor Gutenberger reportec that on I ehruary 1.6, 1984 he sent to all
persons concerned -- Common Council, Department Heads and members of
the Charter and Code Review Committee his suggestions on how that
report should be divided up and assigned to the various committees
of Council. He asked for comments and suggestions back, but didn't
receive any. fie therefore declared the assignments official and
reminded the Council that they have a 6- months timetable.
�ecial Meeting of Common Council
Mayor Guten erger announce d —tTat a Special meeting of Common Council.
will be held Thursday, March 1.5, 1984 at 7:30 p.m. in the Council.
Chambers. One item which will be on the agenda is Collegetown zoning.
MAYOR'S APPOINTMENTS:
Mayor Gutenberger requested approval
of the following persons to the Board
terms as specifi_cd in the Charter:
of the Council for appointment
of Fire Appeals for indefinite
Sean Killeen
Robert. Anderson, 110 Auburn Street
Robert Boothroyd, 807 N. Cayuga Street
Russell. Patterson, 277 Brooktondale Rd.,
John Nuvar r, 02 F ddy Street.
Representing Common Counc:i_1:, ",W)
" Bd. of Fire Commis
It Insurance
if Real. Estate
It Contractor
Resolution
l;y �1lderperson IIai.ne: Seconded by Alderman Romanowski
RFSOLVI:D, that this Council approve the appointment. of Sean Killeen,
Robert Anderson, Robert Boothroyd, Rtlsscll Patterson and John Novalr
to the Board of Fire Ai?peals for indefinite terms of office.
Cal -r1 Cd U11,111ImOUS1 y
-11-
March 7, 1984
Grand Jury Recommendation /Task Force
Mayor Gutenberger reported that to follow through on the Grand Jury's
recommendation following an investigation they conducted a few months
ago, to set up a task force to recommend a procedure for handling
internal investigation iri the futur,', he had ap»ointed Paul. Bennett,
Asst. City Attorney as Chair; Louis M. 1Vithiam, Safety and Security
Director, Ithaca College; Jack Kiely, Chair, Board of Police
Commissioners; Donald Tompkins, retired police officer; and Ronald
Donovan, Professor, Industrial and Labor Relations, C.U.; in addition
to Mrs. Hazel Best Shaw, ' Personnel Adminis-
trator, ex officio; as a task lorce: who will be meeting very soon to
start wort, on the Grand Jury's recommendation.
Appointments Not Requiring Council Approval-
Mayor Gutenberger reported that he had made t:lhe following appointments:
Youth Bureau Advisory Board - -David Burak, 190 Pleasant Grove Rd., for
a term to expire December 31, 1985.
Ithaca Enemy Commission -- Joseph LaQuatra, 115 Stewart Ave., Doug
Carrey- �eaver, 2154 Slaterville Rd., James Michael Holway, 320 Linn
Street and Beatrice Brownell, 322 Richard Place, for terms to expire
June 30, 1985.
Tompkins County Youth Bureau Board -- Linda Robinson Lifton, 605 N.
Aurora St., for a term to expire December 31, 1986.
Ithaca Television Cable Commission- -Chris Heegard, 1002 N. Cayuga St.,
for a term to expire Ju ly 30, 1985 to fill the vacancy created by
resignation of Benjamin Nichols.
Tompkins County Planning Board - -H.G. (Jon) Johnson, 946 E. State St.,
for a term to expire December 31, 1986.
Tompkins County Economic Opportunity Corp. -- Patricia M. Kennedy, 312
1,hrst. St., and Percy Calvin, 128 CleveTand Ave., for terms to expire
March 31, 1985.
City Ilistorian -- David Fuller, 316 Turner Place, for a term to expire
December 31, 1985
Ithaca - Tompkins County Transportation Commission -- Sandra Pollack, 1.18
E. Court St., for a term to expire December 31, 1985.
CITY CLERK' _REPORT:
City Clerk RUndT requested action on a resolution designating polling
places for the ),car 1981 in order to be prepared for an April Primary.
Resolution
Ry= Alderman Sclhl ather : Seconded by Alderman liol dsworth
RESOLVED, that the following be and are hereby designated as polling
places in the City of Ithaca, New York for the year 1984, pending
approval from the various locations.
Commons Advisory Board
Mayor Gutenberger requested approval of
the Council for appointment
of Mrs. Elva Holman, 141 Pearsall Place
for a term to expire December
31, 1985; Jon Crispin, 141 the Commons,
to fill. the unexpired term
of R. DiGiacinto, for a term to expire December
31, 1984; and Earl
Hayes, Manager, Woolworth Department Store
for a term to expire December
31, 1984, to fill the unexpired term of
Annabel Longwell to the
Commons Advisory Board.
Resolution
By Alderman Schlather: Seconded by Alderman
Iloldsworth
RESOLVED, that this Council approve the
appointment of Mrs. Elva Holman,
for a term to expire December 31, 1985,
John Crispin for a term to
expire December 31, 1984, and Earl Hayes
for a term to expire December
I "I
31, 1984 on the Commons Advisory Board.
<T
Carried Unanimously
Appointments Not Requiring Council Approval-
Mayor Gutenberger reported that he had made t:lhe following appointments:
Youth Bureau Advisory Board - -David Burak, 190 Pleasant Grove Rd., for
a term to expire December 31, 1985.
Ithaca Enemy Commission -- Joseph LaQuatra, 115 Stewart Ave., Doug
Carrey- �eaver, 2154 Slaterville Rd., James Michael Holway, 320 Linn
Street and Beatrice Brownell, 322 Richard Place, for terms to expire
June 30, 1985.
Tompkins County Youth Bureau Board -- Linda Robinson Lifton, 605 N.
Aurora St., for a term to expire December 31, 1986.
Ithaca Television Cable Commission- -Chris Heegard, 1002 N. Cayuga St.,
for a term to expire Ju ly 30, 1985 to fill the vacancy created by
resignation of Benjamin Nichols.
Tompkins County Planning Board - -H.G. (Jon) Johnson, 946 E. State St.,
for a term to expire December 31, 1986.
Tompkins County Economic Opportunity Corp. -- Patricia M. Kennedy, 312
1,hrst. St., and Percy Calvin, 128 CleveTand Ave., for terms to expire
March 31, 1985.
City Ilistorian -- David Fuller, 316 Turner Place, for a term to expire
December 31, 1985
Ithaca - Tompkins County Transportation Commission -- Sandra Pollack, 1.18
E. Court St., for a term to expire December 31, 1985.
CITY CLERK' _REPORT:
City Clerk RUndT requested action on a resolution designating polling
places for the ),car 1981 in order to be prepared for an April Primary.
Resolution
Ry= Alderman Sclhl ather : Seconded by Alderman liol dsworth
RESOLVED, that the following be and are hereby designated as polling
places in the City of Ithaca, New York for the year 1984, pending
approval from the various locations.
FIRST WARD
SECOND IVARD
THIRD WARD
FOURTH WARD
FIFTH WARD
-12-
1St District Chestnut nut. Street
2nd District 800 S, Plain St.
3rd District 626 W, State St.
1 h , .t . ct ipp W, Lour l `;t
1st District 300 W. Court St
"'n:` District 310 W. Green `;t.
'ra District : 520 Hudson St..
1st District 309 College Ave
2nd District Cornet] St:.
3rd District Cornell St.
1st
District
402
E. Stage
St.
2nd
District
402
E. State
St.
3rd
District
309
College
Ave.
March 7, 1984
Alternative Community
School former ?Vest. Hill
School
Titus Towers Hour i u,
N6 Fire Station
q.I .A,K. BOA Idir,f;
1st District 1012 N. Tioga St.
1A District Corner. King & Aurora
G,T.A.C, Building
Central Fire Mat ion
South Hi 11 School
09 Fire Station
Belle Sherman Ann x
Belle Sherman Anne:
Challenge Industrie
Challenge Industries
09 Fire Station
#7 Fire Station
Fall. Creek School.
Fall. Creek School.
Fall. Creel: School
Fall. Creek School
First= Congregational
Church
Carried Unanimously
CORPORATE COUNSEL'S REPORT:
Cornell Heig is Case
Corp. Counsel Stumbar reported that a group of Cornell Heights residents
have moved to intervene in the Cornell Heights Appeal arid made a moti
in the Appellate Division which Cornell University has vigorously
opposed: Atty. Stumbar took the stand that the city would welcome
any additional evidence or any information or brief from the cone: erne
residents.
Strand Theatre
Corp. Counsel Stumbar reported that the Tthnca Urban Renewal .Agency
had advised his office to start the Strand Theatre proceedings - -to
collect the money owed under that grant however it has to be done, by
litigation.
Urban Development Action Grant (UDAG)
Corp. Counsel Stumbar reportech t- -fiat the evidentiary material was
submitted in the UDAG to Ithaca Neighborhood Housing for Henry St.
John so that project should be starting fairly soon.
PLANNING AND DEVELOPI `IENT_C01IMITT_E__E_:
Northside Zoning
Alderperson Cummings reported that the committee is still looking at
the area and examining options for the owner occupancy incentives.
Hydropower: Stetson -Dale Report
Alderman Dennis reported trey }iad talked about the ] 0 point: play for
doing the study and presented the committee with a neighborhood
surrey. The committee will review ghat:. 'There was a letter given
out to everyone asking that if they had questions about it they would
address them to the Planning Office and they would be incorporated.
They will be working with the recreational site plan.
State Street Paving
AlUrperson Cummings reported the committee
report and update from Andree Lazarsky and
with an eye to making recommendation to the
April meeting. They have also been looking
have clone. The committee stressed they are
on the topic.
have had the preliminary
will he reviewing figures
Common Council at the
at what other communities
interested in public input
Streets
2nd
District:
Corner King is Aurora.
Streets
2a
District
Corner King A Aurora
Streets
?.B
District
Corner King Q Aurora
Streets
3rd
District
:309 Highland. Road
G,T.A.C, Building
Central Fire Mat ion
South Hi 11 School
09 Fire Station
Belle Sherman Ann x
Belle Sherman Anne:
Challenge Industrie
Challenge Industries
09 Fire Station
#7 Fire Station
Fall. Creek School.
Fall. Creek School.
Fall. Creel: School
Fall. Creek School
First= Congregational
Church
Carried Unanimously
CORPORATE COUNSEL'S REPORT:
Cornell Heig is Case
Corp. Counsel Stumbar reported that a group of Cornell Heights residents
have moved to intervene in the Cornell Heights Appeal arid made a moti
in the Appellate Division which Cornell University has vigorously
opposed: Atty. Stumbar took the stand that the city would welcome
any additional evidence or any information or brief from the cone: erne
residents.
Strand Theatre
Corp. Counsel Stumbar reported that the Tthnca Urban Renewal .Agency
had advised his office to start the Strand Theatre proceedings - -to
collect the money owed under that grant however it has to be done, by
litigation.
Urban Development Action Grant (UDAG)
Corp. Counsel Stumbar reportech t- -fiat the evidentiary material was
submitted in the UDAG to Ithaca Neighborhood Housing for Henry St.
John so that project should be starting fairly soon.
PLANNING AND DEVELOPI `IENT_C01IMITT_E__E_:
Northside Zoning
Alderperson Cummings reported that the committee is still looking at
the area and examining options for the owner occupancy incentives.
Hydropower: Stetson -Dale Report
Alderman Dennis reported trey }iad talked about the ] 0 point: play for
doing the study and presented the committee with a neighborhood
surrey. The committee will review ghat:. 'There was a letter given
out to everyone asking that if they had questions about it they would
address them to the Planning Office and they would be incorporated.
They will be working with the recreational site plan.
State Street Paving
AlUrperson Cummings reported the committee
report and update from Andree Lazarsky and
with an eye to making recommendation to the
April meeting. They have also been looking
have clone. The committee stressed they are
on the topic.
have had the preliminary
will he reviewing figures
Common Council at the
at what other communities
interested in public input
1!iiii
[_I)
COX-)
(1)
(Y)
Iiiii
-15- Marcie 7, 1984
BPW Willow Avenue - -Land Negotiation 2-/9
By Alderperson Cummings: Seconded by Alderman Holdsworth
RESOLVED, that Common Council does hereby authorize that the Board
of Public Works be authorized to proceed with negotiations for
purchase of the parcel of land hn"wn as 715 -721 Willow Avenue in
the City of Ithaca, and be it further
RESOLVED, that this issue be brow ht. back to Common Council for
approval or disapproval of final terms before a commitment to
purchase is made.
Alderman Schlather pointed out that the item also appears on the
Budget and Administration Committee agenda and asked how it should
be handled.
Alderperson Cummings and Alderman Holdsworth withdrew their resolution.
CHARTER AND ORDINANCE COMMITTEE:
American Community Cablevision
By Alderman .Schlather: Seconded by Alderman Holdsworth
WHEREAS, the American Television and Communications Corporation by
its local division, American Community Cablevision (ACC), has requested
certain modifications of the television cable franchise entered into
between it and the City of Ithaca on January 20, 1978; and
WHEREAS, these requests for modification have been duly and fully
investigated, analyzed and discussed by both the City of Ithaca Cable
Commission and the Charter and Ordinance Committee of Common Council;
and
WHEREAS, in connection with these requests for franchise modifications
American Community Cablevision has made written representations and
promises concerning the level and timing of the delivery of services
under this agreement as modified, which Letters are dated January 2S,
1984 and February 28 1984 and are to be filed concurrently herewith
in the Ithaca City Clerk's office; and
WHEREAS, as a result of these requests for modification together with
further negotiation, mediation and clarification between parties a
final proposal to modify the television cable franchise in the form
annexed has been forwarded to Common Council by the Charter and
Ordinance Committee together with its recommendations therefor; and
WHEREAS, there have been several public meetings and public hearings
concerning these requested modifications in compliance with the
franchise agreement itself and law; therefore, be it
RESOLVED, that the television cable franchise entered into between
the American Television and Communications Corporation and the City
of Ithaca on January 20, 1978 be, and the same is, hereby modified so
that the same shall read in the form annexed, and be it further
RESOLVED, that the Common Council does herewith authorize the Mayor
to execute any and all documents necessary to effect said modifications; ;x,
and be it further
RESOLVED, that consistent with the promises and representations of
American Community Cablevision, the rate increases set forth in the
modified franchise agreement shall not take effect until after the
anticipated satellite service is available to all subscribers in
the primary service area.
Discussion followed on the floor.
Amendm( :nt to Resolution
l'hc reso i tit i on was amended by adding the following:
By Alderman Schlather: Seconded by Alderman Killeen
and be it finally
RESOLVED, that the Ithaca City Cable Commission be and it is hereby
directed to monitor compliance with the promises and representations
of American Community Cablevision concerning the implementation of
satellite service and report back to Common Council by the July 1984
meeting.
Carried Unanimously
J 0 0 -14- March 7, 1084
Main Motion As Amended
Ater urtii&r iscussion a vote on the main motion as amended
resulted as Follows:
Carried Un?nl mouq l v
Alderman Schlather e.xpiessed apprnni_ation to loci Fletcher IDd the
Commission., a� r it as the Chart-ey and Ordinance Committee members
for the tremendous work they have done on the franchise jP the past .
couple of years.
News Rncks
Alderman. Schla -ther referred to a letter received From Nixon, llarg� °ave
Devans & Doyle concerning the proposed Ithaca Newsrack Ordinance,
copies of which had been laid on the desks of the aldermen. He
withdrew the committee's resolution from the agenda, indicating that
they would do additional work on the ordinance at their- March 12th
meeting and the ordinance will be presented for action by Council at:
their Special meeting on March 15, 1984.
BUDGET AND ADMINISTRATION -COMMITTEE:
Sidewalk Assessments_
By Alderman Dennis; Seconded by Alderman Killeen
WHEREAS, the Board of Public Works levied sidewalk assessments on
November 30, 1983, for the construction of sidewalks at various
locations in the City of Ithaca, and
WHEREAS, a Public Hearing thereon was held by said Board on December
28, 1983, and
WHEREAS, on February 8, 1984, said Board approved said assessments
and filed schedule thereof with the Common Council for confirmation
and final approval; now, therefore, be it
RF.SOLVED,'that said assessments, in the total amount of $1,563.62,
be, and the same are, hereby approved and confirmed, and be it
further
RESOLVED, that the City Clerk be, and hereby is, directed to prepare
a warrant on the City Chamberlain, in accordance with such schedule,
for the collection of said assessments; and that the Mayor and City
Clerk be authorized to sign and execute such warrant, whereupon all.
assessments will become due and payable from the date of execution
thereof; and on all such assessments or portions thereof remaining
unpaid after the expiration of six months from the date of such warrant,
the City Chamberlain shall add and collect the percentage thereon, at
the rate of 10% per annum, except and provided, however, that the
City Chamberlain may allow persons to pay their assessments, if the
aggregate amount exceeds $100, in five equal installments, with interest:
at 10%, on or about June 1 each year, provided, however, that any
person desiring to pay by installments shall make application promptly
in writing to the City Chamberlain; and all properties having such
assessments or portions thereof of installment payments in arrears and
remaining unpaid at the close of any City Tax collection period shall
be included by the City Chamberlain in a subsequent City Tax Sale,
held in November each year following such City Tax collection period;
and such property shall be sold for any unpaid assessments or portion
thereof or any unpaid installment payments, together with the out -
standing balance of such installment payments, together will all
interest fees and penalties that may be accrued.
Carried Unanimously
Bridge Inspection
By Alderman Dennis: Seconded by Alderman Schtather
1dIlI:1tI;AS, the Supc r i ntendent of Pulp l i c Works has rcgaest-ed nul ho r i zN t ion
to retain the services of Modjeski 6 masters in accordance with their
.January 13, 1984 proposal to inspect, evaluate and report on the
structural condition of the South Aurora Street bridge, the West.
Seneca Street bridge, the West State Street bridge and the Buffalo
Street bridge, at a cost not to exceed $4,260, and
WHEREAS, the Board of Public Works has approved this request at their
meeting of January 25, 198=1; now therefore, be it
1 -is- )•larch 7, 1984
IRESOLVED, that $4,260 be transferred from Account A1990 Contingen3fj/
to Account A5120 -435, Bridges Contractual Services.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Hazardous Waste Cleanup
By Alderman Dennis Seconded by Alderman Killeen
WHEREAS, this Common Council approved $1.0,496 on December. 7, 1.983, for
+ the cleanup of hazardous waste at the Ithaca Fire Training Center,
and
I
WHEREAS, the Fire Department has now determined that the cost will be
$19,120; now therefore, be it
RESOLVED, that $8,624 be transferred within the Fire Department
accounts, as follows:
From A3410 -475 to A3410 -435 $8,004
From A3410 -476 to A3410 -475 620
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Water Improvement Capital Project
By Alderman Dennis: Seconded by Alderman Myers
WHEREAS, this Common Council has established a Capital Project for
1984, known as "Water Supply and Distribution Improvements," and
WHEREAS, a proposal dated January 17, 1984, and amended February 22,
(two, 1984, has been received from Malcolm Pi.rnie, Inc. to complete a
design report, and
WHEREAS, the Board of Public Works has requested an advance of funds,
in the total amount of $46,200, for the design report and contingency
be authorized from Capital Reserve No. 16 - Water Sources Development;
now, therefore, be it
RESOLVED, that this Common Council authorizes the advance of $46,200
from Capital. Reserve No. 16 - Water Sources Development, as requested
by the Board of Public Works, and be it further
RESOLVED, that said $46,200 be returned to Capital Reserve No. 16 -
Water Sources Development when permanent: financing for the Capital
Project has been secured.
Wastewater Treatment
By Alderman Dennis:
)WHEREAS, the Ithaca
in the 1984 New York-
project, and
Carried Unanimously
Plant Authorization
Seconded by Alderman Killeen
Area Wasteiaate Treatment. Plant has been designated
State Priority List as a segmented and funded
WHEREAS, the preparation of the Segment II Design documents, including
Qoe all project related construction work, as well. as the design of
dechlorination facilities set forth in the Advanced Treatment Report,
with the exception of items which had been included In Segment I, will
require an ad(litional authorization of $50,000; now, therefore, he it
RESOLVED, that the Step II Desi <,n authorization be hereby increased
by $50,000 pis requested by the Ro<i rd of Public Works.
Carried Unanimously
_302
-16-
March 7; 1984
ttillow Avenue Property
Alderman Dennis: Seconded by Aldermani Iloldoperth
By
WIII:REAS, all appraisal
}gas been received for property avaiieale oil
Facili. tics Co>ilplcx;
}Willow adjaceaa_ttc t:he
t "ity of Ith�ac,� Strcels a,lc}
and
WHEREAS, the Board o 1
Pl11)1 I Idorks has requested that Common COMICi 1
initiatee ai.egotiations
for the acqalisit -ion of r +id property; now,
therefore, be it
RESOLVED, that Common
Council does hereby direct. the Purchasing Agent -
for the
anc} the Corporate Counsel
to enter into negotiations purchase
of said property, and
be it further
RESOLVED, that this matter be returned to Council for action before
the terms of purchase
are made final.
Discussion followed on the floor.
Amendment to Resolution
By A —de rman—Sch�t�r: Seconded by Alderperson Cummings
RESOLVED, that the last line of the first RESOLVED, read: negotiations, negotiations, including discussion with representatives of Community Gardens, for
the -purchase of said property.
Discussion followed on the floor.
Alderman Schlather and Alderperson Cummings withdrew their amendment.
Amendment to Resolution_
By Al erman Schlat er: Seconded by Alderperson Cummings
RESOLVED, that the second WHEREAS have the following added following
Property: for general. public apse.
Carried Unanimously
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Labor Negotiator
By Alderman Dennis: Seconded by Alderman Killeen
WHEREAS, the 1984 budget has established funds to continue to utilize
a labor negotiator to negotiate on behal -f of the City; now, therefore,
be it
RESOLVED, that this Common Council authorizes and directs the Budget
and Administration Committee to interview, select and retain the
services of a professional negotiator or negotiating firm for pi.arpo.ses
of negotiating employee contracts on behalf of the City f.or 1:1-ac
year 1985.
Carried. Unani- mously
Extension of State and County Tax "arrant
Hy Alderman Dennis: Seconded by Allderman Schlather
RESOLVED, that the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the 1984
State and County faxes until June 1, 1.984.
Carried Unanimously
k
Stewart Park Petty Cash Fund
13y Alderman Dennis: Seco— need by Alderman. Killeen
RIiSOI,VED,
that a Petty Cash Fund, in the amount of $100.00, be
established for use at. the Stewart Park Concession Stand, as-, requested
by tale Youth Bureau Director.
Carried Unanimously
-17- March 7, 1984
Audit 3
By Alderman Dennis: Seconded by Alderperson Haine
RESOLVED, that the bills audited and approved by the Budget and
Administration Committee, in the total amount of $20,734.56, as
listed on Audit Abstract #4/1984, be approved for payment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
1983 Annual Report
By A— Berman Dennis: Seconded by Alderman Schlather
RESOLVED, that this Common Council acknowledges the receipt of the
1983 Finance Department Annual Report.
Carried Unanimously
Planning Department Senior Stenographer
By Alderman Dennis: Seconded by Alderperson Haine
RESOLVED, that the Planning Department be authorized to hire Marie
(n Corina, as a Senior Stenographer, with a starting salary of $13,338,
C�) being Step 8 on the 1984 C.S.E.A.- Administrative Unit Compensation
�. Plan, effective March 12, 1984, subject to the usual probation period
in accordance with Civil Service Regulations.
(M Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Peterson, Hoffman, Killeen, Haine, Dennis, Holdsworth,
Cummings, Myers
Nays (2) - Schlather, Romanowski
Carried
Labor - Management Health Insurance Committee
By Alderman Dennis: Seconded by Alderperson Haine
WHEREAS, this Common Council created a Labor- Management Health
Insurance Committee on May 4, 1977, whose membership consists of
the five (5) members of the Budget and Administration Committee and
one (1) representative of the five (5) Labor Unions in the City, and
WHEREAS, it is desirous to have one (1) representative of the City
retirees, and
WHEREAS, to maintain the current balance between labor and management
it is necessary to have one (1) additional. representative from
management; now, therefore, be it
RESOLVED, that this Common Council approves the increase in membership
to the Labor - Management Health Insurance Committee from ten (1.0) to
twelve (12), and be it further
RESOLVED, that Dominick Cafferillo, Deputy Controller, be designated
as the management representative and that Mayor John C. Gutenberger
designate the City retiree representative.
Carried Unanimously
Mayor Gutenberger spoke to the Council, pointing out, in connection
with the previous item that the suggestion, first of all, that the
retirees be represented on this committee came from the Health
Insurance Committee, but primarily- from the retirees themselves, and
that amongst themselves they had developed a list of 15 -20 people
who volunteered their services free of charge to serve on this panel
if it if, increased. Certainly thcl�, rvi shed to Look out for their own
interests, but primarily they were concerned about the city's 'interests
as a whole and the employees of the city as a ►hole. He tied that
to the previous conversations about the salary levels at the lower
end of our pa\- scale and made the point that i-re do have dedicated
C11\' employees who are still dedi.,ited even after they have retired
from employment and are still i.illing to serve this community. And
he thinks perhaps a good hard loot: at our entire salary structure
is really needed. He said lie kne,., from a number of people in the
,3()// 18_. March, 7, 1084
-community that they would rather work for the school district or
some other type of operation in a sm'i.mlar job because they al] pay
more money than the city.
Alderman Dennis responded to Etta Gray's c.ommc;nt_s at this time, �;ay�ing
that the Finance Committee would tale those things into consideration,
and if -,lie has difficulty obtaining :information he is pretty avail-
able and will :answer most questions the things the c.ommi.l.t ee
does, He said it is not It s place or �ar,yl�ody or-, tt, coinmi�. tee to
withhold information from her or amr other interested people in the
city. He commented that h(-' limped f l,cy c.c>IItd be j -, aI,e a iee] inl�
that they work together; that he is very wil]i.ng to talk to her or
anybody about these issues.
Mrs. Gray asked him about the availability of minutes of the committ.eE
Alderman Dennis responded that there are no minutes to the meetings,
that he believes what they have to produce from the meetings are the
resolutions, but not the discussions. He said the issue of appointment
of a senior stenographer above grade was discussed in Executive Session
and they had reported out what the resolution would be.
Mrs. Gray reminded him that the other resolutions were avai.labl.e and
that she didn't wish to start a debate on the subject, but that not
only the resolutions, but the votes and how the individuals voted on
any decision the committee makes is supposed to be available, but it
isn't. It is never available until it reaches the Council floor for
action and by that time it is all over.
Mayor Gutenber.ger told Mrs. Gray that he would take it upon himself
to check into the matter.
HUMAN SERVICES COlvil`IITTEF.:
GIAC City of Ithaca Agreement of Ilndcrstand_ing
By ALderman Hoffman: Seconded by Alderman. Killeen
RESOLVED, that Mayor John Gutenberger is hereby authorized to enter
into an agreement between the City of Ithaca and itF Youth Bureau and
the Greater Ithaca Activities Center according to the terms of the
document dated January 1, 1984.
Alderman Schlather raised the question of rent for the GIAC building
and requested that somebody collect the rent -for 1983 and 1984.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Canine Corps
Alderman Hoffman reported that the committee had been prepared at the
February meeting to pass on the proposal to reinstitute the canine
corps. however, that evening they received notification from the
Police Chief that individuals had instituted a lawsuit accusing the
city of negligence in the interim of the previous canine corps where
the dog had bitten the man's daughter. It was his and the Police
Commissioner's recommendation that action on the issue be tabled until
the case was resolved. lie said that Corp. Counsel Stumbar feels it.
is not necessary to do that inasmuch as they are two separate issues.
Because Chin. Roffman had not had time to talk to anyone prior to their
February meeting, that committee does not have a resolution ready.
Ilowever, they will take it tip in the March mecti.ng.
Youth Facility, Location and Asbestos Abatement
Alderman Roffman reported having received memo from Supt. Kinsella
indicating the amount of space where asbestos exists and providing
some figures on what it might cost to remove it �;- iitU,900 -$ }57,000).
The committee needs to know 1�bether there would be any savings in
removink it ,luring demolition if the building is to remain in use.
He reported having met. with representatives from the School District
relating to their future intentions concerning Markles Flats complex.
-19- b!arch 7, 1984
30-,5-
Ile said they indicated they would be interested in vacating their
premises if they could relocate adjacent to the city's present
maintenance facility. This is now connected to the possibility of
acquiring the Willow Avenue nronerty. If that property can be
acquired it would be possible to �.:onst-ruct another building that
would take care of the School District's needs. If they do vacate
Markles Flats complex that dosen't necessarily mean the city would
have to put the youth facility tl je. There could be other uses
of that block but it would create an option. The timetable for
that iiiove could be ouite a bit sh, rtcr than the city was originally
led to believe. The introduction of this option and pursuing it
has delayed the committee's recommendation on whether the Youth
facilty should be in the present location or in the Markles Flats
complex. They will take that up again in their March meeting.
Alderman Hoffman also reported receiving a report from Bob Cuti.a
that the interim renovation has had quite an effect on the staff
morale and he feels they can take the time to pursue the option
since some of his sense of urgency has been lessened.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
M Mayor Gutenberger reported that City and Town of Ithaca are very
close to agreement on the fire contract and he hopes to bring it
to the Council at the April meeting.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Computer Advisory Committee
Council Liaison.l`4yers reported briefly on the Computer Advisory
Committee, comprised of department heads, Council liaison and Grant
Pillow of Ithaca College, who were charged by the Council to develop
a plan for logical and efficient means of providing computer capability
as appropriate, throughout the city. Ile said they started. meeting
in the fall of 1983 and hone to have a recommendation to Council in
time for capital project review.
Planning and Development Board
Council Liaison Romanowski presented the following resolution to the
Council:
WHEREAS, the Planning and Development Board was requested by the
Ithaca Landmarks Preservation Commission to review the proposed
designation of the Cornell Pottery Site at 423 E. Lincoln Street,
and "Llenroc', 100 Cornell Avenue, and
WHEREAS, the Board did review the nroposal.s at its February 28, 1984
regular meeting; be it
RESOLVED, that the Common Council concur with the UNANIIMOUS recommenda-
tion of the Planning and Development. Board for landmarks designation
of these two sites.
Resolution
By Alderman Schlather: Seconded by Alderperson Cummings
RESOLVED, that the resolution be referred to the Planning and Develop-
ment Committee.
Carried unanimously
Six-Mile creel" Creek Study Co;nm:i -ttee
ColmcI Liaison Hoffman reporter: that the committee is neariri�>
completion of its appointed task and expect to deliver a retort to
the Common Council at its April meeting. A public meeting will be
held on Monday, April 2, at 7:.-)O n.m. in Central Fire Station. A
summary of the report will Ile puh 1 i shecl for the public to react to.
GIAC Award
Alderman Schlather reported that the committee is cilrrentl -y accepting
nominations for the James L. Gibbs annual award.
-20_ March 7, 19841
3 0�;
FEIS -- Valentine Place
Aldem
ran —Sc
h.lather requested the status, from the
of the final EnvironmentO T,,,,t `;1 atempnt on Va
Alderman Hol_dsworth rvsnonded tha L i t. is K i_np re
Alderperson Cummings commented zh. y are expecting
time now, possibly within a couple of weeks,
Planning Director,
Lenti ne Pl yre .
edited,
he report; any
NEW BUSINESS: TOMTRAN/C.U. Transit, Inc.
By Alderman 1[of fm -in` Secc�tide�c y �� 1 cTtrne r .on "t" so n
WHEREAS, Greyhound bus service is inadequate to meet local commuter
transit needs between the City of Tthaca and outlying communities
of Dryden, Groton, Freevi.11e, Etna, Varna, Lansing, Cayuga Heights,
and the Town of Ithaca, includinhei_ special transportation needs
of elderly and handicanped residents
WHEREAS, TOMTRAN /Ithaca - Dryden Transit (IDT) provides local public
transit service, convenient to residents of these communities; and
WHEREAS, TOMTRAN /IDT provides residents with access to employment
education and job training, recreation, shopping, public services
and health care; and offers reduced fares and alternate accessible
transportation service for the elderly and handicapped, and special
reduced fares for youth and commuters, and
WHEREAS, the existence of these and other TOMTRAN transit programs
provide an economic benefit to the City of Ithaca by enhancing
access to the City's retail trade and reinforcing the City's role
as the county's central focus for employment, services and trade;
and
WHEREAS, TOMTRAN %IDT has cooperated closely with the Ithaca. Transit
bus system, allowing connections between routes, and transfers; and
WHEREAS, C.U. Trans:i.t,lnc, contracts with Tompkins County and
provides reliable, safe, efficient, and well- managed operation of
TOMTRAN /IDT; now, therefore, be it
iligli!
RESOLVED, that the Common Council of the City of Ithaca supports
the continuation of all current TOMTRAN services; and be it further
RESOLVED, that Common Council requests the New York State Department
of Transportation to grant C.U. Transit, Inc. a certificate of
public convenience and necessity.
Discussion followed on the floor.
Resolution
By Alderman Schlather: Seconded by Alderman Roffman
RESOLVED, that the TOMTRAN/C.U. 'Transit, Inc, issue be referred to
the Charter and Ordinance Committee for review and discussion, and
that the Committee report back to the Council at the March 1S, 1984
meeting.
Carried Unanimously
ADJOURNMENT:
on—'a—motion the meeting adjourned at 12:17 a.m.
Jos��pli h«ndle, City Clerl: Aln
P_�F