HomeMy WebLinkAboutMN-CC-1985-02-06COMMON COUNCIL, PROCEEDINGS 75
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. February 6, 1985
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Cummings, Dennis, Haine, Hoffman, Holdsworth,
Killeen, Myers, Peterson, Romanowski, Schlather
OTHERS PRESENT:
City Attorney - Stumbar
City Controller - Spano
Dep. Controller - Cafferillo
Dir., Youth Bureau - Cutia
Dir., Planning & Development - Van Cort
Supt. of Public Works - Dougherty
Personnel Administrator - Best -Shaw
City Engineer - Novelli
Building Commissioner - Hoard
Dep. Dir., Planning & Development - Mazzarella
Pres., Ithaca Paid Firefighters Assoc. - Van Orman
Developer - Mack Travis
Architect - David Taube
City Clerk - Rundle
Cf] PLEDGE OF ALLEGIANCE:
CEl Mayor Gutenberger led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
January 2, 1985
Under ELECTION OF OFFICERS, page 7, Alderperson Schlather requested
the addition of the vote on the positions of Acting Mayor and
Alternate Acting Mayor. The vote on both positions was Unanimous.
Page 17, Resolutions of Appreciation, Alderperson Schlather requested
that the amended drafts of the resolutions be shown, as follows:
By Alderperson Schlather: Seconded by Alderperson Holdsworth
WHEREAS, Gerald P. Schickel served for two years on the Planning
Board, and for ten years as a Board of Public Works Commissioner,
acting as Vice Chairman 1979 -1984, and as Chairman of the Finance,
Accounts & Capital Improvements, Public Buildings, Public Grounds
Parks, Water & Sanitary Sewers and the Six -Mile Creek Overseer Com-
mittees; also, as a member of the Bridges, Creeks & Storm Drainage
and Highway, Street Lighting & Refuse Committees; Capital Improvements
Review Committee, Commons Advisory Board and Stewart Park Advisory
Group; and
WHEREAS, his concern for the City's welfare and the department's
excellence has made his contributions outstanding among his colleagues;
now, therefore, be it
RESOLVED, That we, the Common Council, on behalf of the City of Ithaca,
commend Gerald P. Schickel for his past efforts and successes, and
wish him well in all of his future endeavors; and be it further
RESOLVED, That this resolution be spread upon the minutes of this
meeting and a copy forwarded to Mr. Schickel..
Carried Unanimously
(4woel By Alderperson Schlather: Seconded by Alderperson Holdsworth
WHEREAS, I. Kenneth Walker served for six years as a Board of Public
t�orks Commissioner, acting as Chair of the Finance, Personnel f,
Administration and Highways, Street Light.in, t; Refuse Committees;
also, as a member of the Bridges, Creeks F, Storm Drainage and Capital
lmprovenrcnts Rcv:icw Committee; and
hIll-'REAS, J. Kenneth Nalkcr has served i�ith skill , energy and integrity,
alv:ays acting for the hood of the City; and
MIEREAS, This Common Council wishes to acknowledge his contribution to
I)rrhl is service and expresses hole. that ]le will cornt.inue to be active
in community affairs; now, therefore, be it
76 - 2 - February 6, 1985
RESOLVED, That we, the Common Council, on behalf of the City of
Ithaca, wish to say "thank you, J. Kenneth Walker, for a job well
done ": and be it further
RESOLVED, That this resolution be spread upon the minutes of this
meeting and a copy forwarded to Mfr. Walker.
Carried Unanimously
January 16, 1985
On page 3, Liaison to Boards and Committees, Alderperson Myers
requested that the minutes show that Alderperson Elaine and he ex-
changed assignments, Alderperson Iiaine to act as liaison to the
Ithaca Youth Bureau Board, and he to act as liaison to the Board
of Police Commissioners.
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the meetings of January 2, 1985 and
January 16, 1985 be approved as amended.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Dennis requested the addition of two items: Item R,
Finance Committee's recommendation pertaining to appointment of
department heads and its referral to the Charter & Ordinance
Committee; Item S, temporary housing of the Ithaca Youth Bureau.
Alderperson Dennis requested withdrawal of Item K, Cass Park
Feasibility Study Agreement.
No Council person objected.
Budget and Administration Committee
Alderperson Schlather requested that Agenda Item Q be amended to
read "Veteran's Property Tax Abatement Program -- Resolution."
No Council person objected.
New Business
Alderperson Peterson requested the addition of one item concerning
Veteran's Exemption to be referred.
No Council person objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Zoning
Tracy Farrell, 429 W. Buffalo Street, speaking as a resident and
member of the Board of Zoning Appeals, expressed the wish that
medical offices be considered as a special use permit or allowed
as a home occupation in the R -3 zone.
City Recycling Education Coordinator
Earl Arnold, 121 Prospect Street, member of the City of Ithaca
Recycling Task Force, addressed the Council concerning the Recycling
Program and the need to have effective leadership staff to promote
the program. Ile requested Council to support the recommendation to
hire Lynn Leopold to fill the position.
Trancik Proposal
Dan Peterson, 110 Dey Street, speaking as resident and member of the
Hydropower Commission, addressed the Council, speaking in opposition
to the Trancik proposal, in particular the development of Fall Creek
Park and the creation of a parking lot.
Doug Bogen, 109 Lake Street, representing Ecolo�ly Action of Tompkins
County, commented that Ecology Action likes the plan in concept, but
has some concerns about the parking lot, furnace overlook and foundry
overlook, and expressed the Hope that any changes be acceptable to
the community and environmentally sensitive.
-3-
February 6, 198S77
COMMUNICATIONS FROM THE MAYOR:
Mayor Gutenberger reported having received two contradictory communi -.
cations from American Community Cablevision within two days, copies
of which he distributed to the Council. The attachment to the first
letter, a copy of Cable Communications Policy Act of 1984, is available
in his office to anyone who cares to see it. Ile commented that he had
received information that the February 5th letter should have read:
"We do not intend to exercise that option to renew."
MAYOR'S APPOINTMENTS:
Board of Police Commissioners
Mayor Gutenberger requested approval of appointment of Pete Curry,
719 Nest Clinton Street, and Michael Ellis, 407 East Seneca Street,
to the Board of Police Commissioners for terms to expire December 31,
1987.
Discussion followed on the floor.
Resolution
By Alderperson Killeen: Seconded by Alderperson Haine
CO RESOLVED, That this Council approves appointment of Pete Curry and
on Michael Ellis to the Board of Police Commissioners for terms to
expire December 31, 1987.
(D expire
Unanimously
LT)
M Mayor Gutenberger requested approval of the following appointments:
< Board of Zoning Appeals
Stewart J. Schwab, 436 Mitchell Street
Helen Johnson, 417 Hook Place
Terms of above to expire December 31, 1987
Design Review Board
William Downing, 400 DeWitt Park Apartments (reappointment)
Term to expire December 31, 1987
Conservation Advisory Council
Robert Kurlander, 510 Mitchell Street
Term to expire December 31, 1986
Youth Bureau Advisory Board
Irene Jessen, R.D. #3, Danby Lion Hill, Newfield, N.Y. 14867
(reappointment)
Robert Yavits, 115 Giles Street (reappointment)
Judith Stewart, 419 East Buffalo Street
Thomas Devlin, 215 N. Cayuga Street
Terms to expire December 31, 1987
Thomas Vartanian, 2262 Cleveland Avenue
To fill unexpired term which expires December 31, 1985
City Representative to the Tompkins County Environmental Management
Council
Ms. Ashley Miller, 118 Cascadilla Avenue (reappointment)
Affirmative Action Advisory Committee
Matthew IV. Hamill, 108 Woodcrest Terrace
To fill unexpired term which expires December 31, 1985
(wool, Elizabeth Corrigan, 28 Brooktonclale Road (reappointment)
Perm to expire December 3 -1, 1987
I'ufl k i ns Comnn1li_i ty Ilosh ita I Corporat i_c,n Norporat.e Mcmbcrshii�)
Eleanor Bly, 216 N. Geneva Street (reappointment
Term to expire December 31, 1986
IIydropoWer Commission_
Doug Logan, 109 bake Street - to fill vacancy created by resignation
of .Joel Rabino;,,itz; will scr�,o as Fcoloi y Action representative
C(mimoiis Adli sOt y I�oard
Charles Sclllc�ii<l�, 115 S. Cayuga Street - to fill unexpired term
;•:h icll expires l)ccember 31, 1`. 85
78
-4- February 6, 1985
Housing Board of Review
Andrew 1V. Skibinski, 516 Spencer Street
Term to expire December 31, 1987
Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointments presented by
Mayor Gutenberger.
Carried Unanimously
CITY ATTORNEY'S REPORT:
R.H.P. Inc.
City Attorney Stumbar reported that R.H.P. Inc. had obtained a 30-
day stay from Judge Swartwood of Elmira, with regard to removal of
billboards. In the meantime R.H.P. Inc. has started a federal
court action against the city. There will be an appearance in court
on the coming Monday in Syracuse. They are asking for a temporary
stay of Judge Swartwood's order pending final determination of federal
courts.
Cayuga Heights Appeal
City Attorney Stumbar reported that the Cornell Heights Appeal had
been argued on Monday in Albany and the City will probably receive
a decision on that appeal in about 6 weeks.
Strand Theatre
City Attorney Stumbar reported that the litigation going on finally
got a court order making the owners answer the city's complaint.
The city finally got an answer with about 8 counter claims, and has
been sued on the counter claims for $250,000.
Valentine Place
City Attorney Stumbar reported that the City decided not to appeal
Judge Bryant's decision which overturned the Board of Zoning Appeals
decision in that matter.
Recess
Common Council recessed at 8 :4S p.m. and reconvened in regular
session at 8:SS p.m.
PLANNING AND DEVELOPMENT COMMITTEE:
Ithaca Falls Hydropower Site Plan
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has made application to the Federal
Energy Regulatory Commission for a license to construct a hydropower
plant at the Ithaca Falls site, and
WHEREAS, the City has recognized the recreational, historic, archae-
ological, ecological, and other resources of that area, and
IiHEREAS, it is the intention of the City of Ithaca to protect those
resources to the greatest extent possible, and
WHEREAS, to that end, the City has received a grant from the New
York State Council on the Arts, to prepare a recreational. site plan
for the Ithaca Falls site, and has retained the firm of Roger Trancik
to prepare such a recreational plan, and
WHEREAS, the plan has been reviewed and recommended for approval by
the Planning and Development Board, and has been reviewed and
approved by the Board of Public Works and the Conservat=ion Advisory
Council_; now, therefore, be it
RI:SOLVED, That the Ithaca Falls Park recreation plan prepared by
Royer Trancik for the City of Ithaca is hereby approved in concept,
-in d be it further
RESOLVED, That the Common Council does hereby reserve the right to
specifically approve or disapprove any of the elements of the pro-
posals before their implementat ion .
-5- February 6, 1985 79
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Killeen, Ilaine, Dennis, Cummings, Mycrs, Romanowski
Nays (4) - Peterson, Hoffman, Holdsworth, Schlather
Carried
_Youth Bureau Facility
By Al.derperson Cummings: Seconded by Alderperson Dennis
WHEREAS, the Common Council has established a capital project for
construction of a new Youth Bureau building, and
WHEREAS, William Downing Associates Architects have been hired to
prepare designs for a new building on or near the site of the
existing Tin Can, and
WHEREAS, a number of alternative site plans and building configurations
have been studied by the ad hoc Building Committee, and
WHEREAS, an alternative known as Proposal E has been selected as best
(x� meeting the future needs of the Youth Bureau and the City of Ithaca,
and this proposal has been presented to the Planning and Development
(�l Committee of Council, and
WHEREAS, it has been found that asbestos exists in the present
M Community Services Building which is most economically removed if
the building is not occupied, and
WHEREAS, other factors militate for demolition of the entire Tin Can
before construction of the new building commences, and
WHEREAS, the Building Committee has examined the advisability of
construction of a caretaker apartment in the proposed new building,
and of construction of a maintenance facility for Stewart Park on
(,aloe the same site; now, therefore, be it
RESOLVED, upon the unanimous recommendation of the ad hoc Building
Committee and the Planning and Development Committee of Common Council,
that Common Council authorize and direct the architect to proceed under
the assumptions of Proposal E as follows:
that the Youth Bureau staff will be temporarily relocated from
the Tin Can site so that asbestos removal and demolition can be
accomplished economically and expeditiously and reconstruction
can proceed unimpeded;
that location of construction on the site will be in accordance
with Proposal E;
that a caretaker apartment will be included in the designs for
the proposed new Youth Bureau building;
that the park maintenance facility will be designed to be bid
as an alternate; and
that every effort will be made to produce a facility whose
architectural and site design is distinguished, which complements
the adjacent park, and which is economical in construction and
operation.
Discussion followed on the floor.
A vote on the resolution resl.ilt:ed as f011OWS:
Carried Unanimously
Proposed Amendments to Zoning; ordinance - Medical or Dental Offices
lBy A-1(1erperson Crunm ngs: Seconded l>y .11clerperson Killeen
MI .REAS, Medical crud Dental offices iiak,e traditionally been permitted
irse,� in certain l:es.ideiitial zones of' the City of Ithaca, and
�f
o
- 6 - February 6, 1985
WHEREAS, the traditional model of a family physician residing ill a
neighborhood, providing health care to the neighborhood on a 24- hour/
7 -day basis from an office in the physician's residence, has been
almost totally supplemented by a health care system characterized by
group and specialist practices, doctors not residing oil office
premises, restricted office hours, hospital -based emergency and out-
patient treatment, and the ease and wide availability of personal.
and public transportation to patients, and
WHEREAS, the permission for location of medical
residential. zones as of right, iith the changes
practice, has resulted in the conversion of many
ties to medical /dental offices, re,oving numbers
from a stock of housing that is characterized by
vacancy rates, introducing into neighborhoods a
activity of a non - residential nature, and
or dental. offices in
in health care and
residential proper
of residential units
chronically low
level and type of
WHEREAS, Common Council desires to safeguard the city's housing stock
from conversion to non - residential uses and its residential zones
from encroachment by non - residential activity, and
WHEREAS,, the Planning staff has drafted a proposal for amendments to
the Zoning Ordinance which is intended to accomplish these purposes,
it is
RESOLVED, That Common Council refers the draft proposal, attached
hereto, to the Charter and Ordinance Committee for preparation of a
proposed amendment, which shall be presented for Public Hearing and
action at the earliest practicable time.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Collegetown Redevelopment Project - Agreement with Travis & Travis
By Alderperson Cummings: Seconder by Alderperson Dennis
KHEREAS,the City of Ithaca has undertaken a program for the redevelop-
ment of Collegetown involving the development of residential,
commercial, cultural and public improvements; and
IVHEREAS, the City of Ithaca and the Ithaca Urban Renewal Agency have
designated Travis and Travis as the Conditional Preferred Developer
for City -owned property on Dryden Road; and
WHEREAS, the City of Ithaca has committed to build a parking facility
on Dryden Road and sell the air rights above the parking facility to
Travis and Travis for the purpose of the development of 64 apartment
units, subject to the award of a = sousing Development Grant and formal
agreement by Cornell University to provide additional surface parking
adiacent to the project and make off -site parking available to the
residents of the 64 apartments; and
WHEI;EAS, the U.S. Department of Housing and Urban Development (MUD)
has notified the City of Ithaca t`at it has granted preliminary
frinclirng approval for the City's Hc-asing Development Grant application;
told
IVIIII:AS, the City of Ithaca and Cornell University have reached forma,
aoreement on the transfer of land nd easements, the provision of
additional short- and long -term -inc, I_ for the benefit of the projec-
and other provisions integral. to t`.e, proiect; and
IVHEREAS, it is necessary
to execut-
a Development
Agreement which
specifies the rights and
obligati_:is
of the City,
Eddygate Park
Associates, and IIIID; no�v,
therefore
be it
f,, s )I.VED, 'That. pursuant to the Co-.::,on Council resolution on Collegetown
Redevelopment. approv- e(I August 1, 198'1, Common Council Hereby approves
the Development A'(1,1-cement bet%%reen tale City and Eddygate Park Associates
in the form annexed and directs tl•.e Ma\-or to sign said document, sub -,
iect to the approval of the City- Attorney; and be it further
-7-
February 6, 1985$ 1
RESOLVED, That the City Attorney is hereby authorized and directed
to prepare and have signed a Mortgage Agreement and Note in accordance
with the provisions of the approved Development Agreement and the
terms heretofore approved by Council resolution on August 1, 1.984.
Discussion followed on the floor.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Holdsworth
RESOLVED, That the agreements with Cornell University and E.G.P. be
amended to provide for parking in specified off -site locations other
than on the street, as offered by Cornell, during the construction
(400" period. The agreement with Cornell University would also provide
provision for temporary parking for the merchants in Collegetown
during construction as well, pursuant to their offer.
Discussion followed on the floor.
A vote on the amendment resulted as follows:
A vote on the Main Motion resulted as follows:
Ayes (6) - Peterson, Killeen, Haine, Dennis, Cummings, Myers
Nays (4) - Hoffman, Holdsworth, Romanowski, Schlather
Carried
Collegetown Redevelopment Project - Agreement between City and Cornell
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has undertaken a program for the redevelop-
ment of Collegetwon, which involves the coordinated efforts of the
City, Cornell University and Travis and Travis; and
WHEREAS, the City, Cornell and Travis and Travis had previously agreed
in principal on a number of issues, including the transfer of land,
the granting of easements, the provision of parking, the provision of
handicapped access and the development and maintenance of open space;
and
WHEREAS, a condition of Common Council's approval of the Collegetown
Redevelopment Project on August 1., 1984 was that the City reach formal
agreement with Cornell concerning the provision of additional short -
term parking and the provision of parking for the residents of the Eddy
Gate Park Apartments; now, therefore, be it
RESOLVED, That Common Council. hereby authorizes and directs the Mayor
to sign the formal agreement with Cornell in the form annexed, subject
to the approval of the City Attorney.
Alderperson Holdsworth requested that it be noted that passage of the
resolution is contingent upon amendment of paragraph 8 on page 7 of
the agreement dated February 2, 198S that Cornell University will agree
to make their portion of their project into the PAC handicapped
accessible under the regulations. City Attorney Stumbar was directed
to include this provision in the agreement.
A vote on the Main Motion as amended resulted as follows:
Ayes (7) - Peterson, Killeen, Haine, DeI1IIiS, Cummings, Myers
Holdsworth
Nays (3) - Iloffman, Ronianowtiki_, Schlather
Carried
Ayes
(2) - Peterson, Schlather
Nays
(8) - Hoffman, Killeen, Haine,
Dennis, Holdsworth, Cummings,
Myers, Romanowski
0)
Motion Defeated
CO
Further discussion
followed. City Attorney
Stumbar and Dep. Director
Mazzarella
answered questions regarding
provision for day care,
generally
accepted industry standard for
municipalities, the parking
lot behind
Sheldon Court and the park.
A vote on the Main Motion resulted as follows:
Ayes (6) - Peterson, Killeen, Haine, Dennis, Cummings, Myers
Nays (4) - Hoffman, Holdsworth, Romanowski, Schlather
Carried
Collegetown Redevelopment Project - Agreement between City and Cornell
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the City of Ithaca has undertaken a program for the redevelop-
ment of Collegetwon, which involves the coordinated efforts of the
City, Cornell University and Travis and Travis; and
WHEREAS, the City, Cornell and Travis and Travis had previously agreed
in principal on a number of issues, including the transfer of land,
the granting of easements, the provision of parking, the provision of
handicapped access and the development and maintenance of open space;
and
WHEREAS, a condition of Common Council's approval of the Collegetown
Redevelopment Project on August 1., 1984 was that the City reach formal
agreement with Cornell concerning the provision of additional short -
term parking and the provision of parking for the residents of the Eddy
Gate Park Apartments; now, therefore, be it
RESOLVED, That Common Council. hereby authorizes and directs the Mayor
to sign the formal agreement with Cornell in the form annexed, subject
to the approval of the City Attorney.
Alderperson Holdsworth requested that it be noted that passage of the
resolution is contingent upon amendment of paragraph 8 on page 7 of
the agreement dated February 2, 198S that Cornell University will agree
to make their portion of their project into the PAC handicapped
accessible under the regulations. City Attorney Stumbar was directed
to include this provision in the agreement.
A vote on the Main Motion as amended resulted as follows:
Ayes (7) - Peterson, Killeen, Haine, DeI1IIiS, Cummings, Myers
Holdsworth
Nays (3) - Iloffman, Ronianowtiki_, Schlather
Carried
82
-8-
Fehruary 6, 1985
Stewart Park Design - NYS_CA Grant
By Aerperso Cuns Seconded by Alderperson Killeen
g
WHEREAS, Common Council has adopted the \lastcr Plan for the Improve-
ment of Stewart Park Complex as the official conceptual plan for the
area, and
WHEREAS, Common Council has requested that Prior to implementation
of any elements in the master plan, that design professionals be
retained for preparation of detailed plans, and
WHEREAS, the city- has expended approximately $28,000 for the
conceptual master plan; now, therefore, be it
RESOLVED, That Common Council does hereby authorize the City Planning
and Development Department to submit a 1985/86 grant application to
the New York State Council on the arts to fund designs for phased
implementation of the Master Plan, and be it further
RESOLVED, That the match for the New York State Council on the Arts
grant application will be the prior allocations for conceptual Master
Plan or existing 1985 allocations in the study area and these design
services, therefore, will not incur additional expenses in the 1986
budget.
Carried Unanimously
Alienation - Substitute Lands
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, Common Council has approved the proposal for alienation of
the Southwest Park and Cayuga Inlet Island recreational lands, and
WHEREAS, Common Council has established a capital project fund to
implement said proposal, and
WHEREAS, the Planning and Development Department has been authorized
directed by Common Council to take the steps necessary to provide
substitute land for the lands to be alienated in accordance with Stat
and Federal requirements, and
WHEREAS, a list of possible sites for substitution has been prepared
and submitted to the Planning and Development Committee for review;
now, therefore, be it
P]
RESOLVED, That based upon the unanimous recommendation of the Planning
and Development Committee, the Planning and Development Department is
hereby authorized to proceed with appraisals of the identified substi-
tution lands and to begin negotiations for acquisition of said lands,
and be it further
RESOLVED, That the appraised value is to be the maximum price offered
for said lands.
A vote on the resolution resulted as follows:
Ayes (7) - Killeen, Ha=ine, Dennis, Cummings, Myers, Schl.ather,
Romanowski
Nays (3) - Peterson, Hoffman, Iloldsworth
Carried
Neighborhood Forum
1derperson Cummings presented the ?Minutes of the Neighborhood Forum
which was held on November 14, 1954. She reported that copies of the
Minutes had been mailed to everNone who attended the meeting. A
second mailing will go out to all interested parties, to be followed
with a list of prioritized project. A second meeting is scheduled
to be held on Thursday evening, `.larch 21, 1985 at 7:30 p.m.
Community Development Application
Alderperson Cummings reported on the application currently being
worked on, copies of which had been mailed to the Council of the
SLIHIMr.ized proposals. She reported that $600,000 is available for a
multi - purpose grant. She commented that they had been informed by
HUD officials that the weaker parts of the last grant had been the
economic development proposals, particularly because they were not
Specific.
-9- February 6, 1985 83
Recess
Common Council recessed at 10:25 p.m. and reconvened in regular
session at 10:35 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
Mental Health Agreement
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That Mayor John C. Gutenberger be, and is, hereby author-
ized and directed to execute an Agreement with the Tompkins County
Mental Health Services Board for the year 1985, to provide a four -
week Summer Day Camp Program to provide mentally retarded/develop-
mentally disabled children of the residents of the County of Tompkins,
(400", and others, personal enjoyment and fun during the camp session, to
teach recreational activities that the campers might participate in
upon completion of the camping season, which will be desirable and
beneficial to such residents, to provide recreational leisure time
activities to mentally retarded /developmentally disabled adults
during times when regular services are not operating, so as to provide
opportunities for increased socialization experience, to improve
overall physical condition and general health, and to provide experience
«� which will promote personal feelings of success, selfworth, accomplish-
ment and achievement, for a fee not to exceed $55,066.00.
O Carried Unanimously
M
IT') Sidewalk Assessments
E0 By Alderperson Dennis: Seconded by Alderperson Holdsworth
WHEREAS, the Board of Public Works levied sidewalk assessments on
December 19, 1984, 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 January
23, 1985, and
WHEREAS, on January 23, 1985, said Board approved said assessments
and filed a schedule thereof with the Common Council for confirmation
(awooel and final approval; now, therefore, be it
RESOLVED, That said assessments in the total amount of $2,808.50 be,
and the same is, 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
such assessments will become due and payable from the date of
execution thereof; and on all such assessments or portions thereof
remaining unpaid after the expiration of six months from the date of
such Warrant, the City Chamberlain shall add and collect the percent-
age thereon, at the rate of loo per annum, except and provided,
however, that the City Chamberlain may allow ersons to pay their
assessments, if the aggregate amount exceeds 100, in five equal
installments, with interest at 100, 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 Chamber-
lain 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 outstanding balance of such installment
payments, together with all interest, fees and penalties that may be
t1 CCI -L1Cd.
carried Unanimously
Fcder,'ll Section 1.8 SLlbsidy,
I3y t�lclei Ilcrson I)cnli s : Seconded by Al derpersoll Sch Lather
h'ilf:II:AS, the City of Ithaca has submitted a request for an amended
grant of funds to the New York State Department of Transportation,
pursuant to Section 18 of the Urban Mass Transportation Act of 1964,
Its amended, for a project providint; bus transportation services within
84 -10- February 6, 1985
the City of Ithaca for fixed route, scheduled and open during the
period January I, 1983 to December 31, 1983 (PIN 3793.06.406 and
PI'N' 3794 .06.406) , and
WHEREAS, the project budget for the above project has been amended
as follows:
Original Agreement Amended Agreement
Total Cost $12,57 -1 $65,174
Federal Share 121574 65,174
State Share -- --
City of Ithaca Share -- and
WHEREAS, the City's Amended Application for Section 18 Transportation
Operating Assistance has been approved by the Federal Highway Admini-
stration; now, therefore, be it
RESOLVED, That Mayor John C. Gutenberger be authorized to sign the
Amended Agreement between the City- of Ithaca and the State of New
York for the above named project, which is attached hereto and made
a part of this resolution, and be it further
RESOLVED, That Mayor John C. Gutenberger is authorized to act on
behalf of the City of Ithaca to proceed and complete the above
named project.
Carried Unanimously
Ithaca Housing Authority Comparability
By Al erperson Dennis: Seconded by Alderperson Schlather
WHEREAS, according to Article 3, Section 32(1) of the New York
State Public Housing Law, it is necessary for the local legislative
body to approve the compensation of personnel in the local Housing
Authority, and
WHEREAS, this Common Council has received a resolution from the
Ithaca Housing Authority establishing positions, comparability,
salary ranges and 1985 salaries for its personnel; now, therefore,
be it
RESOLVED, That this Common Council approves the following positions,
comparability, salary ranges and salaries as adopted by the Ithaca
Housing Authority for the year 1985.
Position
Comparability
Executive Director
Dir. of Planning
17,566
f, Development/
9,747 -
City Controller
Assistant Director
Deputy Planning
14,012
Director
Principal Account
City of Ithaca -
Clerk
C.S.E.A.
Senior Stenographer
City of Ithaca -
8,731 -
C.S.E.A.
Account Clerk Typist/
City of Ithaca
Site Manager
C.S.F.A.
Account Clerk/
City of Ithaca -
Tvpist
C.S.F.A.
Storekeeper
City of Ithaca -
C.S.I.A.
Outreach Worker
City of Ithaca -
C.S.F,.A.
Supervisor of
School District -
Haintenance
C.S.F.A.
Nla i iitenance
Workint,, Foreman/
.' 1l 'I-V1So1,
SIIpCCVI_SOr -
C.S.F.A.
1985
Salary Range Salar
$32,581 - $46,368 $35 —,920
22,804 -
32,455
25,650
11,867 -
17,566
17,470
9,747 -
14,427
13,070
9,466
14,012
13,000
7,338
10,859
8,800
10,070 -
14,909
10,680
8,731 -
10,905
10,040
16,480 -
23,748
21,000
6.84 -
8.02
9.42
-11 February 6, 1985 85
1985
Position Comparability Salary Range Salary
Building Maintenance School District - $13,692 - $21,240 $17,230
Mechanic C.S.E.A.
Building Maintenance School District - 13,692 - 21,240 16,670
Mechanic C.S.E.A.
Building Maintenance School District - 1.3,692 - 21,240 16,110
Mechanic C.S.E.A.
Maintenance Worker City of Ithaca - 4.71 - 5.52 5.42
(two" C.S.E.A.
Maintenance Worker City of Ithaca - 4.71 - 5.52 4.99
C.S.E.A.
Laborer City of Ithaca - 4.55 - 5.31 5.01
C.S.E.A.
Section 8 Planner III 13,644 - 20,194 16,270
Coordinator
CD Modernization Planner II 15,680 - 23,209 17,300
00 Coordinator
M Carried Unanimously
M Bond Anticipation Note
M By Alderperson Dennis: Seconded by Alderperson Killeen
BOND RESOLUTION DATED FEBRUARY 6, 1985
A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,604,150 SERIAL BONDS
AND THE EXPENDITURE OF $4S2,8S0 MONEYS OF THE CITY OF ITHACA,
TOMPKINS COUNTY, NEW YORK, IN CONNECTION WITH VARIOUS CITY IMPROVE-
MENTS.
BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. The following specific objects or purposes in and for the
City of Ithaca, Tompkins County, New York, are hereby authorized:
a) The acquisition of approximately .11 acre of land at the 100
block of Dryden Road adjacent to College Avenue for the College
Avenue Improvement Project described in paragraph b and c here-
of, at a maximum estimated cost of $150,000;
b) The construction of a parking structure on the land described in
paragraph a hereof, and being specifically located at 128 Dryden
Road containing between 170 and 180 parking spaces, at a maximum
estimated cost of $1,750,000, such parking structure, the land
on which it will be located and the street improvements described
in paragraph c hereof being the College Avenue Improvement Project;
c) 'The construction of street improvements required for the purposes
of the parking structure described in paragraph b hereof, in-
cluding sidewalks and curbing for the surrounding areas, at a
maximum estimated cost of $600,000;
d) The construction of a Youth Bureau Facility Building, such building
to be constructed on parcels of land either currently owned by the
City or to be separately acquired through annexation and agreement
with the 'Town of Ithaca at or about 1701. North Cayuga Street, in-
cludi.ng the demolition of an existing structure thereon, the
rad:ing and improvement of the site and the acquisition of or:i_ginal
furnislii.ngs, equipment, machinery or apparatus regt.lii•ed for the
purposes for which such building will be used, at a maximum estima-
ted cost of $900,000;
e) The reconstr,liction of the Green Street Parking Facility located
along; the north side of East Green Street to the east of City
hall and west of South Aurora Street, at a maximum estimated cost
of $157,000;
86
-1 �-
February 6, 1985
f) The reconstruction of the Seneca Street Parking Facility located
south of the U. S. Post Office. between North Tioga Street and
North Aurora Street, at a maximum estimated cost of $250,000;
g) The reconstruction and resurfacing of State Street from the
Tuning Fork on East State Street to Ithaca Road, a total area
of approximately 160,000 square feet, at a maximum estimated
cost of $1,000,000; and
h) The reconstruction of the Fall Creek Dike, for the purpose of
providing bank stabilization and flood protection, at a maximum
estimated cost of $250,000.
Section 2. The total estimated cost of the aforesaid specific objects
or purposes is $5,057,000, and the plan for the financing thereof is
as follows:
a) By the issuance of $4,604,150 serial bonds of said City, hereby
authorized to be issued therefor pursuant to the provisions of
the Local Finance Law, of which $142,500 serial bonds shall be
allocated to the aforesaid College Avenue Improvement Project
land acquisition, $1,662,500 serial bonds shall be allocated to
the aforesaid College Avenue Improvement Project parking structure
construction, $570,000 serial bonds shall be allocated to the
aforesaid College Avenue Improvement Project street improvement,
$855,000 serial bonds shall be allocated to the aforesaid Youth
Bureau Facility Building construction, $149,150 serial bonds shall
be allocated to the aforesaid Green Street Parking Facility re-
construction, $2371500 serial bonds shall be allocated to the
aforesaid Seneca Street Parking Facility reconstruction, $750,000
serial bonds shall be allocated to the aforesaid State Street re-
construction, and $237,500 serial bonds shall be allocated to the
aforesaid Fall Creek Dike reconstruction;
b) By the expenditure of $75,000 current funds of said City hereby
appropriated in the 1984 budget of said City, of which $7,500
current funds shall be allocated to the aforesaid College Avenue
Improvement Project land acquisition, $37,500 current funds shall
be allocated to the aforesaid College Avenue Improvement Project
parking structure construction, and $30,000 current funds shall
be allocated to the aforesaid College Avenue Improvement Project
street improvement;
c) By the expenditure of $57,500 current funds of said City hereby
appropriated therefor, of which $45,000 current funds shall be
allocated to the aforesaid Youth Bureau Facility construction,
and $12,500 current funds shall be allocated to the aforesaid
Fall Street Dike reconstruction;
d) By the expenditure of $70,350 hereby appropriated from the Parking
Reserve Fund, of which $50,000 moneys shall be allocated to the
aforesaid College Avenue Improvement Project parking structure
construction, $7,850 moneys shall be allocated to the aforesaid
Green Street Parking Facility reconstruction and $12,500 moneys
shall be allocated to the aforesaid Seneca Street Parking Facility
reconstruction; and
e) By the expenditure of $250,000 Consolidated Highway Improvement
Program Funds to be received -from the State of New York Hereby
appropriated therefor to be allocated to the aforesaid State
Street reconstruction.
Such moneys shall be expended prier to the issuance of any bonds or
bond anticipation notes authorized hereunder and such moneys shall
constitute the down payment required by Section 107.00 of the Local
I inarncc Law.
Section 3. It is hereby determine -1 that the period of probable
usefulness for the aforesaid College Avenue Improvement Project land
acquisition is thirty years, pursuant to subdivision 21(a) (1) of
prarrigraph a of Section 11.00 of the Local Finance Law, that the period
-13- February 6, 198S 87
of probable usefulness for the aforesaid College Avenue Improvement
Project parking structure construction is thirty years, pursuant to
subdivision 11(a) (1) of such paragraph and Section, that the period
of probable usefulness for the aforesaid College Avenue Improvement
Project street improvement is fifteen years, pursuant to subdivision
20 (c) of such paragraph and Section, that the period of probable
usefulness for the aforesaid Youth Bureau Facility Building construc-
tion is thirty years, pursuant to subdivision 11(a) (1) of such para-
graph and Section, that the period of probable usefulness for the
aforesaid Green Street Parking Facility reconstruction is twenty years,
pursuant to the subdivision 12(a) (1) of such paragraph and Section,
that the period of probable usefulness for the aforesaid Seneca Street
(,tor, Parking Facility reconstruction is twenty years, pursuant to subdivision
12(a) (1) of such paragraph and Section, that the period of probable
usefulness for the aforesaid State Street reconstruction is fifteen
years, pursuant to subdivision 20(c) of such paragraph and Section,
and that the period of probable usefulness for the aforesaid Fall Creek
Dike reconstruction is thirty years, pursuant to subdivision 22(a) of
such paragraph and Section.
Section 4. Subject to the provisions of the Local Finance Law, the
power to authorize the issuance of and to sell bond anticipation
00 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
Cfl 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, Tompkins
County, New York, are hereby irrevocably pledged for the payment of
the principal of and interest on such obligations as the same respect-
ively become due and payable. An annual appropriation shall be made
in each year sufficient to pay the principal of and interest on such
obligations becoming due and payable in such year. There shall
annually be levied on all the taxable real property of said City, a
tax sufficient to pay the principal of and interest on such obliga-
tions as the same become due and payable.
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, shall be
published in full in the Ithaca Journal, the official newspaper,
together with a notice of the City Clerk in substantially the form
prolided in Section 81.00 of the Local Finance Law.
Discussion followed on the floor.
Al de rlterson Schl rather commented that for the record Ile wished to
111r11;e _it clear that lie would support the resolutionl, bait it in no way
is to be inferred or implied that lie supports the Collegetown Project.
The reason he supports the resolution is that it makes economic sense,
tic Marc goint1, to 1,1111 into a massive lala suit i.f we don't go till t"h
I,-_itlt it at tills point, having a'cndered it into these otherwise ill -
ctdv i scd contr"ic t s .
Alderperson Iloffut,tn made the same statentent is Alderperson Schlather.
, ile question of- the adop t: i on of, the resolution was duly
February 6, 1985
prat to a vote on roll call, idii -ch resulted as follows:
Schlather
Aye
Dennis
Aye
Romanowski
Aye
Haine
Aye
Myers
Aye
Killeen
Aye
Cummings
Aye
Hoffman
Aye
Holdsworth
Aye
Peterson
Aye
Carried Unanimously
Election Account Equipment
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the 1985 Authorizee Equipment List for the Election
Account be amended to include the purchase of one rebuilt voting
machine, at a cost not to exceed _ -',495, as requested by the City
Clerk, and be it further
RESOLVED, That an amount not to exceed $2,495 be transferred from
Account A1990, Contingency, to the Election Account A1450 -225,
Other Equipment.
Carried Unanimously
G.I.A.C. Personnel
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1985 G.I.A.C. Personnel Roster be amended as
recommended by the Youth Bureau Director, as follows:
Delete - 1 - 20 Hour Youth Worker Position
- 1 - 20 flour Youth Development Program Leader Position
Add - 1 - 35 Hour Youth Worker Position
Carried Unanimously
Fire Department Personnel
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the 1985 Fire Department Personnel Roster be increased
by the addition of one Assistant Fire Chief's position, retroactive
to February 1, 1985, and be it further
RESOLVED, That the Fire Chief's position and one Lieutenant's
position not be filled or funded without prior approval of Common
Council.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Fire Department Equipment
By Alderperson Dennis: Seconded
RESOLVED, That the 1985 Authoriz
Department be amended to include
Shields and Stand, at a cost not
the Fire Chief.
by Alderperson Killeen
ed Equipment List for the Fire
the purchase of Fragmentation
to exceed $375, as requested by
Carried Unanimously
Flag Day Parade
By Alderperson Dennis: Seconded Alderperson Killeen
RIMI.VED, That an amount not to e,�:-ecd $200 be allocated to help
defray expenses of the 1985 Fla, Pav Parade, as requested by the
Tompkins County Flag Day Parade Ce-mittee, and be it further
RESOLVED, That an amount not to exceed $200 be transferred from
Account A1990, Contingency, to the Celebrations Account A7550 -435,
Contractual Services.
Carried Unanimously
lVater and Sewer Fund Personnel
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, the automotive rep<<irs at the hater and Sewer Department
are now being done by the Streets and Facilities Division of the
Department of Public Works, and
D
-15-
February 6, 1985 gt�
WHEREAS) the title of Automotive Mechanic is no longer necessary;
now, therefore, be it
RESOLVED, That the 1985 Water and Sewer Department Personnel Roster
be amended as follows:
Delete - 1 Automotive Mechanic Position
Add - 1 Water f; Wastewater Plant Mechanic Position
Carried Unanimously
Rec clin Education Coordinator
k4wo" By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the City enter into an Agreement with Lynn B. Leopold
to continue the City Wide Recycling Education Program, as recommended
by the Recyclin Task Force, for the month of February 1985, at an
hourly rate of 7.00, for a 1S -hour work week, and be it further
RESOLVED, That the City Attorney is requested to prepare such
Agreement, with assistance from the Recycling Task force.
CO Carried Unanimously
U.)
Audit
Cf) By Alderperson Dennis: Seconded by Alderperson Killeen
Ell RESOLVED, That the bills audited and approved by the Budget and
rJ1 Administration Committee, in the total amount of $21,647.52, as
listed on Audit Abstract #2/1985, be approved for payment.
Carried Unanimously
Standardization of Radio Equipment
By Alderperson Dennis: Seconded by Alderperson Holdsworth
WHEREAS, this Common Council has been requested by the City of Ithaca
Police Department to standardize on Motorola radio equipment as the
type of equipment to be used in the City of Ithaca, and to authorize
the City to purchase approved equipment from the manufacturer, or a
representative thereof, and
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve such
standardization for the following reasons:
1. The City of Ithaca Police Department presently has all Motorola
radio equipment and radio console.
2. This action will minimize the inventory of repair parts which
would have to be maintained for the service of said radio
equipment.
3. Labor cost for maintenance and service of a standard type of
equipment will be less than if required to service several
different types of equipment.
4. Present Motorola radio equipment has been satisfactory to the
uses of the City of Ithaca Police Department.
S. Standardization provides the need for only one service contract
for its entire radio system, whereas additional contractual
agreements would be required for other types of equipment;
now, therefore, be it
IESOLVED, That pursuant to Section 103, Subdivision S of the General
Municipal Law of the State of Nets York, this Common Council hereby
authoi.izcs the standardization of i`lotorola radio equipment as the
type of such equipment to he used and purchased by the City of Ithaca
Police Department during the year 1955.
Carried Unanimously
Stalldal'dizatioli of Voice Scrambler E uL pment
t�`1(IRI::1S, this Common Council hcis them requested by the City of Ithaca
Police Department to standardize on Controlonics voice equipment as
the type of equipment to he used in the City of Ithaca, and to
auti0r_i ze the City to purchase apps -oved equipment from the manufacturer,
90
-16- February 6, 1985
or a representative thereof, and
WHEREAS, it is deemed to be in the best interest of the City, for
reasons of efficiency, compatability and economics, to approve such
standardization for the following reasons:
1.
The City of Ithaca Police Department
presently has Controlonics
voice scrambler equipment installed
in the mobile units and the
main communication desk.
2.
Compatability is not possible with other
brands of voice
scrambling equipment.
3.
The cost of maintenance, parts and service
will be less than
if different types of equipment were
being used;
now,
therefore, be it
RESOLVED, That pursuant to Section 103, Subdivision S of the General
Municipal Law of the State of New York, this Common Council hereby
authorizes the standardization of Controlonics equipment as the type
of such equipment to be used and purchased by the City of Ithaca
Police Department during the year 1985.
Carried Unanimously
Veteran's Property Tax Abatement Program
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, by Chapter S2S of the Laws of 1984 the State Legislature has
modified the New York State Real Property Tax Law to provide for addi-
tional tax abatement benefits for property - owning veterans, including
those from the Vietnam era; and
WHEREAS, this method of recognition and compensation of veterans is
inherently unfair to the veteran who does not own real property, not
only because such a veteran derives no benefit from the legislation,
but also because such a veteran - as a renter - must actually help pa
for the benefits given to the property- owning veterans; and
WHEREAS, the net effect of such legislation is to shift the tax burden
to the other residents of the community, both property owners and
renters, including the poor, the elderly, young families, veterans
who rent, business and industry; and
WHEREAS, the State has provided no assessment of, nor relief from,
the financial impact upon any municipality which fails to "opt out"
of this program; and
WHEREAS, the State Legislature has failed to enact a wide variety of
veterans legislation currently before it, including that providing
for educational, health and job - training benefits; and
WHEREAS, the State Legislature is now considering further modification
of the aforesaid tax abatement legislation, including the replacement
of the same with a system of inco7e tax credits or deductions avail -
able to all qualifying veternas, statewide; and
WHEREAS, State recognition of the sacrifices and contributions made by
veterans should be a State obligation which inures to the benefit of
all veterans throughout the State, and not just those who own real
property in those municipalities Yhich decline to opt out of the
existing State program; now, therefore, be it AJ40;
RESOLVED, That the Ithaca City Common Council does herewith strongly
urge the New York State Legislature to replace the veterans real
property tax abatement legislation of 1954 with a system of State in-
come tax credits or deductions available to all qualifying veterans
throughout the State; and be it further
RESOLVED, That this Common Council strongly urges the New York State
Legislature to address certain deficienceis caused by inadequate
Federal benefits now available to veterans, especially those from the
Vietnam era, and enact legislation accordingly; and be it finally
-17-
February 6, 1985 91
RESOLVED, That the Ithaca City Clerk be and lie hereby is directed to
forward certified copies of this resolution to: Governor Mario Cuomo;
lion. Stanley Fink, Speaker of the Assembly; Majority Leader and Minority
Leader of the Now York State Assembly; Assemblyman Richard Conners,
Chairman of Assembly Committee on Veterans Affairs; Senator L. S. Riford,
Jr.; Assemblyman H. Sam MacNeil; New York State Conference of Mayors;
New York State Association of Counties; Supervisors' and County Legis-
lators' Association of the State of New York; Mayors of all Villages in
Tompkins County; and Supervisors of all Towns in Tompkins County.
Carried Unanimously
(4moel Appointment of Department Beads
By Alderperson Dennis: Seconded by Alderperson Myers
RESOLVED, That the Charter Revision Commission recommendation pertain-
ing to appointment of department heads and their deputies or assistants
by the Mayor, with Common Council approval, be referred to the Charter
and Ordinance Committee for preparation of the necessary Local Law to
amend the City Charter.
Discussion followed on the floor.
Amendment
By Alderperson Hoffman: Seconded by Alderperson Romanowski
RESOLVED, That the resolution read: ", be referred to the Charter
and Ordinance Committee for review and possible preparation of the
necessary Local Law to amend the City Charter."
Ayes (3) -
Nays (6 ) -
Abstention
Peterson, Hoffman, Romanowski
Killeen, Dennis, Holdsworth,
(1) - Ha ine
Motion Defeated
Cummings, Myers, Schlather
A vote on the Main Motion resulted as follows:
Ayes (7) - Killeen, Haine, Dennis, Holdsworth, Cummings, Myers
Schlather
Nays (3) - Peterson, Koffman, Romanowski
Carried
Temporary Housing for Youth Bureau
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That a lease agreement between the City of Ithaca and
Clinton West Ltd., for the temporary housing of the Ithaca Youth
Bureau, be approved, and be it further
RESOLVED, That Mayor John C. Gutenberger be authorized to sign on
behalf of the City, subject to approval of the City Attorney.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
cable Franchise
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, the federal Cable Telecommunication Act of 1984 establishes
a procedure for the renewal and /or termination of cable franch=ises,
all as is more fully set .forth in that Act; and
WHEREAS, the City of Ithaca (here:inafter City) and American Community
Cablevision, a I)ivisi_on of American Television 6 Communications Corp.
(liereinafter ACC) are parties to a franchise agreement now scheduled
to terminate by its terms on or about January 20, 1988; and
WHERFAS, pursuant to Section 626 and related provisions of the Cable
Telecommunicatioiis Act of 1984, the proceedings to renew and /or
tcrminrite the cable franchise must be commenced during the six-month
period which begins with Llie 36th month before the franchise expira-
tion, to wit: between January 20, 1985 and Jul)' 19, 1985; and
92 -is- February 6, 1985
WHEREAS, under the terms of the Cable 'Telecommunications Act of 1984
said proceedings must be commences' for the purpose of
1) identifying the future cable- related community
needs and interests, and
2) reviewing the perforr;,,ance of the cable operator
under the franchise during the then current
franchise term; and
WHEREAS, the Ithaca City Cable Commission has been duly created and
convened, and is capable of conducting such a review as agent
for the City; now, therefore, be it
RESOLVED, That pursuant to the Cable Telecommunications Act of 1984
the City of Ithaca, on its own initiative, does hereby commence the
necessary proceedings as required by federal law for the purpose of
1) identifying the future cable - related community
needs and interests, and
2) reviewing the performance of the cable operator
under the franchise during the then current
franchise term,
all in connection with the renewal and /or termination of the existing
cable franchise agreement between the City and ACC, now scheduled to
expire on or about January 20, 1988; and be it further
RESOLVED, That this Ithaca Common Council does herewith delegate to
the Ithaca City Cable Commission the authority to conduct all
hearings necessary to satisfy the requirements of the Cable Tele-
communications Act of 1984 pertinent to the renewal and /or termination
of said cable franchise agreement, and make findings of fact as approp ',
ate with subsequent and timely recommendation to this Council suffici
to enable formal action by the Council as may be required by law; and
it further
RESOLVED, That the City Attorney be and he is hereby requested to
advise the Cable Commission in its duties as aforesaid; and be it
finally
RESOLVED, That the Ithaca city clerk be and lie is hereby directed
to promptly furnish a copy of this resolution to ACC at its Ithaca
office, as well as file a copy with the New York State Cable Commission
in Albany.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Shopping Carts Ordinance
By Alderperson Schlather: Seconded by Alderperson Maine
ORDINANCE \�). 85 -2
AN ORDINANCE AMENDING CHAPTER 6S r \TITLED "PUBLIC SAFETY" OF THE CITY
01 ITHACA MUNICIPAL CODE BY ADDING _A NEW ARTICLE IX TO SAID CHAPTER
ENTITLED "SHOPPING CARTS."
BE IT ORDAINED AND ENACTED by t:e Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Chapter 65 entitled "Public Safety" of the City
of Ithaca Municipal. Code be and the same is, hereby amended by adding
thereto a new Article IX entitled "Shopping Carts" as follows:
"ARTICLE IX
SHOPPING CAR,rS
S 65.90 Definitions
Unless otherwise stated, the words and expressions used in this
,Article shall have meanings as follows:
-19- February 6, 198S 93
1. "Public place" shall. mean a street, avenue, road, alley, public
passageway, land, highway, concourse, driveway, culvert, crosswalk
and sidewalk, pedestrian mall and every class of road, square and
municipal. or private parking field used by the general public.
2. "Person" shall mean a natural person of either sex, corporation,
partnerships, association, joint stock companies, societies and all
other entities capable of being sued.
3. "Shopping cart" shall mean any cart, basket, container or other
device made of wire, metal, plastic or other material, mounted on
(4w� wheels, manually operated, and identified as required herein, such as
is generally provided by merchants for the conveyance of merchandise,
foodstuffs and other property to automobile and other places.
S 65.91 Conspicuous Identification
Every person who owns, or makes available to the public, in connec-
tion with the conduct of business and trade any shopping cart shall
mark it or cause the same to be marked and identified conspicuously
Co with the name of the owner. Such identification shall be in the form
of metal tags securely fastened to the cart or a cutting or stamping
on the frame of the cart or other means for permanently identifying
L.)1 the owner of the cart.
g 65.92 Unlawful removal and possession
It shall be unlawful for any person, his agent or employee to take,
remove or possess any shopping cart beyond the premises of the identi-
fied owner of the shopping cart without the express permission of the
identified owner.
S 6S.93 Penalty for unlawful removal or possession
Any person who violates any provision of S 65.92 of this Chapter
shall be liable for and pay a penalty of ten dollars ($10.00) for the
first such violation, and no less than $25.00 nor more than $50.00
for each subsequent violation. Each removal or possession of a shop-
ping cart shall constitute a separate violation.
9 6S.94
Unlawful abandonment
It shall be unlawful for any person, his agent or employee to leave
or to suffer or permit to be left unattended any shopping cart, either
owned by the person or in such person's possession, custody or control,
at any public place within the City of Ithaca, or upon the property
of another without the consent of the owner of the property.
S 65.95 Remedy, for abandoned shopping carts
The Superintendent of Public Works of the City of Ithaca is hereby
authorized to seize and remove or cause to be removed any abandoned
shopping cart within the City from any public place without notice,
and from any private premises with the consent of the owner of the
premises, and shall take or cause the same to be taken to a facility
within the City for redemption or disposition as hereinafter provided.
The Superintendent of Public Works is authorized to call upon other
city agencies or clepartments to assist in enforcement of this Section.
S
6S.96 RedemL_i on
A. Notification.
Whenever the Superintendent of Public Works shall. take possession
of' any shoppin4; cart as Herein spec:i Pied, and such shopping cart
contains i(ICntificati.on of ownership, a notice shall be sent by
orclina1-y mail to the address of such person purported to be the owner
of the cart as designated on the cart advising that such property is
11(1(1 by the City and advising the amount necessary to redeem. If the
shopping cart sloes not. contain .identification of ownership as required
herein, tilen the s,nne shzill be d .sposed o f i n the same manner as
uric I aimc(I propert)
as set forth below.
94
0- February 6, 1935
11 . Procedure; costs; immunity of City.
An)- shopping cart may be redeemed by the owner thereof at any time
prior to the sale, dismantling, destruction or disposal thereof upon
tendering the sum of Five Dollars (x`.00) for each cart to the Superin-
tendent of Public Works. In addition, the person seeking to redeem
shall be required to pay the cost of advertising the sale thereof, if
any. No property shall be delivered to a person seeking to redeem the
same unless proof establishing to the satisfaction of the Superin-
tendent of Public Works such persen's ownership is submitted. Any
delivery to a person apparently entitled thereto shall be a good
defense to the City against any other person claiming to be entitled
thereto, but if the person to whom delivery is made is in fact not
entitled thereto, the person to whom the same ought to have been
delivered may recover the same, with interest and costs, from the
person to whom the same shall have been delivered.
S 65.97 Disposal of unclaimed property
A. Public notice; conduct of sale.
Where any shopping cart remains in the custody of the Superintendent
of Public Works for a period of fifteen (l5) days after mailing of
notification as aforesaid, and no person has redeemed the same and
presented to the Superintendent of Public Works proof establishing to
his satisfaction such person's ownership thereof, the Superintendent
of Public Works shall publish a notice once in the official newspaper
of the City, advising that at a specified place and time not less
than five (5) days after such notice is published, such property will
be sold at public auction for the best price that can be obtained in
excess of the redemption fee, costs of publication and other expenses
of the City for conducting the sale. Such sale shall be conducted
by the Superintendent of Public Works or his designee.
B. In the event that any shopping cart is sold at public auction
to any person other than the person who is identified on the shopping
cart as the owner thereof, the City shall mark the cart so indicating
and deliver to the buyer proof of such purchase.
C. Resale or other disposition; immunity of City.
In the event that such property shall remain unsold at public auction,
the Superintendent of Public Works may reoffer said property for sale
at a subsequent public auction held pursuant to this Article, or he
may dismantle,destroy or otherwise dispose of the property. Any such
sale or other disposition of such property pursuant to this Article
shall be without liability on the part of the City to the owner of
such property or other person lawfully entitled therein or having an
interest therein.
D. Disposition of proceeds.
All proceeds received from the redemption and /or sale of abandoned
shopping carts pursuant to this Article shall be deposited to the
general fund of the City.
Section 2. Effective Date.
This ordinance shall take effect after final passage and publica-
tion as required by law, but in any event no earlier than May 1, 1935
Section 3. The city clerk is hereby directed to mail a copy of thi
resolution and ordinance to the following retail merchants within
the City of Ithaca who have been identified as owners of shopping carts:
David Strong, Manager, P F, C Food '•tarket , 212 !Hancock Street
I\'ohcrt Lane, Manager, 'Cops Friendly- Market, fill S. Meadow Street
Charles Cirulli, Manager, Egan's Shur -Save, 301 College Avenue
Richard Smith, Manager, Buffalo Street Ithaca Super Duper,
701 1V. Buffalo Street
-21-
February 6, 198S95
Joseph Berry, Manager, Great American Food Store, 305 Elmira Road
Robert Stack, Manager, K -Mart Discount Store, 744 S. Meadow Street
Earl Mayes, Manager, Woolworth Dept. Store, 113 E. Green Street
David Marruna, Manager, Northside Wine $ Spirits, Ithaca Shopping
Plaza, Ithaca, New York 14850
Alderperson Romanowski read a letter from David Strong, Manager,
I' I C Food Market as follows: "A similar law was passed in New Paltz,
N.Y. Direct communications with the Great American manager found the
redemption part of the law to be frequently enforced, but the removal
part to be rarely enforced, causing a burden on the retailers involved
but not having the necessary effect that it should on the people taking
the carts out of the stores."
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Peterson, Killeen, Haine, Dennis, Holdsworth, Cummings,
Myers, Romanowski, Schlather
Nay (1) - Hoffman
Carried
00 Curb Line Parking - Rescission Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
(J RESOLVED, That Ordinance No. 85 -1, as passed by the Ithaca Common
Council on January 2, 1985, be, and it is hereby rescinded and re-
placed by the new Curb Line Parking Ordinance 85 -1 submitted con-
currently herewith.
Carried Unanimously
Curb Line Parking - New Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
ORDINANCE NO. 85 -1
AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC AND VEHICLES"
OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That a new Section to be known and designated as 60.48
of ARTICLE IV entitled "PARKING, STANDING AND STOPPING" to follow
Section 60.47 is hereby added to said Chapter to read as follows:
"S 60.48 Curb Line Parkin
No persons shall stop, stand or park a vehicle between the curb
line or edge of pavement and the sidewalk or adjacent property line
of any street or highway except the following streets or highways:
Cliff Street, east side, within the 500, 600 and 700 blocks
(parallel parking only).
University Avenue, east side, from a point 7S' south of the entrance
to the City Cemetery, north to Lake Street (parallel parking only).
Lake Avenue, east side, from Cascadilla Street to a point 100' to
the north (diagonal parking only).
(Wsoe North Ti.oga Street, east side, within the 1200 block (diagonal
parking only) .
Ilector Street, west side, within the 200, 300, 400, 500, and 600
blocks (parallel parking only) .
food Street, south side, within poll -ofl parkins; areas in the
400 block (perpendicular parking only).
FIoi -aI Aire nue. , east side, wlthif' parkins; areas In the 200 block.
96 - 22 - February 6, 1985
Spencer
Road, south side, in front
of
No. 335,
339, 341 and 343.
north side, in front
of
No. 532
cast to Meadow Street.
north side, in front
of
No. 548,
554, 566, 570 and
574.
south side, in front
of
No. 543,
547, 549, 563 and
S6S.
both sides, in front
of
No. 553,
603, 659.and. 663
(parallel parking only)
Section
2. This ordinance shall take
effect immediately
and in
accordance
with law upon publication
of
a notice
as provided in
S 3.11(B)
of the Ithaca City Charter.
Discussion
followed on the floor.
A vote on
the resolution resulted as
follows:
Carried
Unanimously
Garage Sales Ordinance
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED,
That Ordinance No. 85- entitled "_an Ordinance Amending Chapter 30
entitled 'Zoning' of the City of Ithaca Municipal Code," he, and it
hereby is introduced before the Common Council of the City of Ithaca,
New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance to be held at the
Council Chambers, City Hall, at No. 108 East Green Street in the
City of Ithaca, New York on Wednesday, the 6th day of March, 1985 at
7:30 p.m., and be it further
RESOLVED, That the City Clerk give notice of such public hearing by
the publication of a notice in the official newspaper, specifying
the time when and the place where such public hearing will be held,
and in general terms describing the proposed ordinance. Such notice
shall be published once at least fifteen days prior to the public
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the Planning
and Development Board of the City of Ithaca and to The Tompkins County
Planning Board a true and exact copy of the proposed zoning ordinance
for their report thereon.
ORDINANCE X-0. 8S
AN ORDINANCE AMENDING CHAPTER 30 ENTITLED "ZONING" OF THE CITY OF
ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by tl:e Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. That Section 30.32 entitled "Use Regulations" of
Article III entitled "Supplementar-,- Regulations" of Chapter 30
entitled "Zoning" of the City of Ithaca Municipal Code be, and it
is hereby amended as follows:
A. A new subdivision D is hereby- added to said Section 30.32 to
read as follows:
"S 30.32(D)
No household, garage, porch or -..-ard items for sale may be stored
in the open, or continually displayed, within any district where
the same may be construed by proper authority to be a menace to the
public health or safety, or may be held to have a detrimental in-
fluence upon adjacent properties, or upon the neighborhood at large."
B. The exist=ing subdivision D of Section 30.32 shall be re-
lettered: "E".
C. The existing subdivision E of Section 30.32 shall be re-
]�rrL*:,red: "F ".
D
CD
a)
M
�lC
-23-
February 6, 1.985 9'7
SECTION 2. This ordinance shall take effect immediately and in
accordance with law upon publication of the notice as provided in
Section 3.11(B) of the Ithaca City Charter.
Discussion followed on the floor.
A rote on the resolution resulted as follows:
Carried Unanimously
REPORT OF SPECIAL. COMMITTEES AND COUNCIL LIAISONS:
Circle Greenway
Liaison Killeen reported that the Circle Greenway Committee have
prepared their Annual Report for 1984, describing their 1984 activi-
ties and anticipated activities for 1985. The report will not be
generally distributed, but are available in the Mayor's office for
anyone who wants a copy.
Ithaca Landmarks Preservation Commission
Liaison Cummings reminded the Council that at the March Council
meeting they will have to take up the issue of Ag Quad designation.
If anyone has questions about it they may contact Andrea Lazarsky.
Computer Advisory Committee
Liaison Myers reported that the
presented their proposal to the
It is in its final-form with the
micro computer or mike system to
is interested in this it will be
proposal will be before Council
Planning & Development Board
Liaison Romanowski reported that
being distributed to all Council
Computer Advisory Committee met and
Budget and Administration Committee.
proposal from Volcom for combined
their large computer. If anyone
seen again and hopefully a final
next month.
a report on the Farmers Market is
members.
G.I.A.C.
Liaison Schlather reported that G.I.A.C. had its annual Martin Luther
King Day breakfast, with a record turnout.
NEW BUSINESS:
Veterans' Exemption
By Alderperson Peterson: Seconded by Alderperson Hoffman
WHEREAS, Common Council adopted Chapter S2S, Veterans' Real Property
Exemption, at the highest exemption level, and
WHEREAS, the law allows municipalities to reduce the exemption level
after January 1, 1985, and
WHEREAS, the average assessment value on a home in Ithaca is around
$40,000, now, therefore, be it
RESOLVED, That the issue of lowering the exemption level be referred
to Charter f, Ordinance Committee for possible preparation of a local
law.
Alderperson Hol dsworth registered objection oil the basis that this
was not the proper parliamentary procedure.
Mavor Gutenberi;er and City Attorney Stunibar ruled that the item was a
referral; that no action would be taken by Council. that evening.
Alderperson Schlather reported hay. iii;, received sonic figures from
Ham DeLiboro as follows: there are no properties over the $60,000
limit; one -third of the properties are over the $= 10,000 limit, the
a�,cragc being $s3,000; of all the people who applied, not a single
Viet;iam veteran (li.ialified which he felt was somewhat surprising; the
average age of people making, appl.icat. ion is 63.1 years. Mr. Schlather
remarked that this highlights sonic of the concerns expressed in the
otlier legislatioin which was passed. fie indicated that lie originally
was going to vc)te against this, but thinks these figures warrant sonic
sort of a rev i cis .
98
-11- February G, 1985
A vote on the resolution resulted as follows:
Ayes (G) - lloffman, Peterson, Maine, Cummings, Myers, Schl.ather
Nays (4) - Killeen, Dennis, Holdsworth, Romanowski
Carried
Alderperson Holdsworth asked if a motion to reconsider or rescind
the current legislation had ever been made. Mayor Gutenberger
responded that it hadn't.
Alderperson Holdsworth requested that the record show that no motion
to reconsider or rescind the current legislation has been made.
ADJOURNMENT:
On a motion the meeting adjourned at 11:52 p.m.
if seph A. Rundle, City Clerk
�Io�rn C. Gutenberger, Mayor/