HomeMy WebLinkAboutMN-CC-1977 COMMON COUNCIL PROCEEDINGS 213
City of Ithaca , New York
Regular Meeting 7 : 30 P.M. January 5 , 1977
PRESENT:
Mayor - Conley
Aldermen (10) - Boothroyd , Bordoni , Boronkay, Dennis , Gutenberger,
Holman, Meyer , Nichols , Saccucci , Slattery
OTHERS PRESENT :
Asst. Controller - Spano Director , Youth Bureau - Cutia
City Attorney - Shapiro Chief , Fire Dept. - Weaver
Chamberlain - Wright Building Commissioner - Hoard
City Engineer - Cox City Clerk - Rundle
Dir. Planning & Development - Van Cort
PLEDGE OF ALLEGIANCE:
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
RESOLUTION IN MEMORY OF ALDERMAN SPANO :
in By Alderman Saccucci : Seconded by Alderman Boothroyd
in WHEREAS, this Common Council has lost a loyal member in the untimely
I O death of Anthony F. Spano , and
a WHEREAS , Tony contributed to the City of Ithaca and this Common Council
- a unselfishly with his time and knowledge in carrying out his assignments
NICE on the Planning & Development and Human Services Committees , as well as
past member of several other Council Committees , and as the Council ' s
liaison with the Board of Public Works , and
WHEREAS, Tony also served this community in civic affairs by aiding in
the organization of, and serving as secretary-treasurer of the Inter-
Fraternal Council and as Director for three years of the Tompkins County
Economic Opportunity Corporation, and
WHEREAS , Tony also served his community by membership in many .other
professional , civic and religious organizations ;
NOW, THEREFORE , BE IT RESOLVED , That for his contribution to this
community which earned him its respect and deep appreciation , this
Common Council wishes to express its deep sorrow at his passing and
convey its sympathy to the members of his family , and
BE IT FURTHER RESOLVED , That this resolution of sympathy be spread upon
the minutes of this meeting and a copy thereof be transmitted to his
family.
We shall miss you Tony.
Carried Unanimously
SPECIAL ORDER OF BUSINESS :
1 FF llin.g Vacancy of Alderman for the Fifth Ward
, Mayor :Conley asked for nominations from the Council for candidates for
filling the vacancy of alderman for the Fifth Ward .
Alderman Saccucci strongly recommended following the State Open Meetings
Law if this were to be a valid election. Mayor Conley concurred.
By Alderman Boothroyd: Seconded by Alderman Slattery
RESOLVED , That the name of Raymond Bordoni be placed in nomination for
Alderman of the Fifth Ward.
rlo
By Alderman Saccucci : Seconded by Alderman Boronkay
RESOLVED , That the name of Jack Bacon be place in nomination for
Alderman of the Fifth Ward .
Resolution to Close Nominations
By Alderman Boronkay: SecoiideT by Alderman Slattery
RESOLVED , That the nominations for the vacancy of Alderman for the
• t'ittti rvaru be closed. •
Carried Unanimously
214 -2- January 5 , 1977
Mayor Conley commented that under the Freedom of Information rules and
procedures which he felt sure the'- Council wish to follow, an oven
would be held . This could be done one of two ways- -a roll call vote , of
by a showing of hands . He asked which method the Council preferred, ani
a showing of hands was indicated .
A vote on the nominations by a show of hands resulted as follows :
In favor of Raymond Bordoni : Ayes (6) - Boothroyd, Nichols , Meyer ,
Dennis , Gutenberger , Slat':
In favor of Jack Bacon: Ayes (3). - Holman, Boronkay, Saccucci
Mayor Conley announced Alderman Raymond Bordoni duly elected as mems
the Common Council and asked the members of his family who were preM! "
join him while he took the Oath of Office and was sworn in by City Clerk
Rundle . Mayor Conley welcomed him to the Common Council .
Alderman Saccucci asked to make a recommendation concerning the procedur
to be used in filling a vacancy caused by the death of an alderman
(Charter - Article 7 . 1 Miscellaneous Provisions) . He said it is his
feeling, and the feeling of others in this community, that the current
procedure is unfair to the people who voted their respective aldermen
into office. He believes the vacancy should be filled by a person of t?1
same party regardless of whether he is Republican or Democrat . This
method would be fair to both parties .
Resolution
By Alderman Saccucci : Seconded by Alderman Boronkay
RESOLVED , That for the future the Charter F Ordinances Committee consid
changing the Charter provision for filling a vacancy of an alderman, an .
that this matter be referred to the Charter $ Ordinances Committee .
A vote on the resolution resulted as follows : Ayes' - (8)
Nays - (2) Boothroyd,
Carried
✓ Public , Hearing - Adoption of the 1977 Community Development Budget
Resolution to Open Public Hearing
By Alderman Dennis : Seconded by Alderman Boronkay
RESOLVED , the Public Hearing to consider adoption of the 1977 Community
Development Budget be opened.
Carried Unanimously
Mr. Ernest Grosser , 102 Falls Street , representative of the Fall Creek
Civic Association, appeared before the Council on the matter of taxes ,
including school taxes , raising. He expressed disapproval of hiring
persons outside the City to run the affairs in the City. He feels there
are persons in Cornell University , Ithaca College , or the Ithaca School
District competent for the jobs . He further recalled the Auburn Park
Project which he considers an enormous waste of money. Regarding floodi
of basements in the Fall Creek Area, he believes too little was done too
late , and expressed the hope that Alderman Bordoni would take interest ii
the Fall Creek Area which has not been done in the past.
Y Mayor Conley asked Director of Planning & Development Van Cort to preser.
the Community Development Budget . Director Van Cort briefly reviewed t'h
budget and answered questions of ,Council members .
Mr. Gary Klein, Forest Home Drive , addressed the hearing about some
funds which could be allocated in the coming year ' s budget - partcu
the monies tentatively allocated toward improving residential , indus
and commercial sites . That amount of funding which appears to be a ...
large chunk of the total , would permit the City to begin to look at the
• A use of renewable energy sources in some of those sites , for example the
sun' s energy. He said it would be quite feasible to use the sun' s ener
which would pay for itself in about 5 years , for some uses ; particularly
4 hot water heating. He would like the City to concern itself with that ,
3 particularly since there has been a rate increase requested by our local
utility. If the City started now, within 10 years it might be made
accessible to everyone in the community. He offered his services to wo
with anyone on this matter .
1
-3- January 5 , 1977
215
h
Mr. Jack Bacon requested the opportunity to congratulate Raymond Bordoni
on his election to the Council , as he was leaving the meeting .
r.:
Resolution to Close Public Hearing
By Alderman Saccucci : Seconded by Alderman Boothroyd
RESOLVED , That the Public Hearing to consider adoption of the 1977
Community Development Budget be closed.
Carried Unanimously
Resolution f
By Alderman Gutenberger: Seconded by Alderman Holman
' 4, RESOLVED, That since the particular item has not gone through the Com-
mittee , and since some discussion has gone on this afternoon with respect
to expansion of the target area , it is appropriate to table the item
until Wednesday, January 12 , 1977 , at 7 : 30 p .m. , taking into consideration
that there is a timetable for submission of the application.
Carried Unanimously
ELECTION OF ALTERNATE MAYOR: x
Mayor Conley announced that he would entertain nominations for the
office of Acting Mayor.
LO By Alderman Dennis : Seconded by Alderman Slattery
If) I would like to nominate my colleague from the Third Ward, John Gutenberger.
By Alderman Holman : Seconded by Alderman Saccucci
a
Q I would like to nominate my colleague from the Second Ward , Richard Boronkay .
'Cr Resolution to Close Nominations
By Alderman Boothroyd : Seconded by Alderman Slattery
RESOLVED, That the nominations for the office of Acting Mayor be closed.
Carried Unanimously
3
A vote was taken by a show of hands on those in favor of Alderman
Gutenberger as 'Acting Mayor which resulted as follows : .-'
':L Ayes (6) — Slattery, Boothroyd, Nichols , Bordoni , Meyer, Dennis
Abstention (1) - Gutenberger
A vote was taken by a show of hands on those in favor of Alderman Boronkay
as Acting Mayor which resulted as follows :
Ayes (2) - Holman, Saccucci
Abstention (1) - Boronkay
Mayor Conley announced Alderman Gutenberger duly elected as Acting Mayor.
ELECTION OF ALTERNATE ACTING MAYOR:
Mayor Conley announced that he would entertain nominations for the office
of Alternate Acting Mayor.
By Alderman Meyer : Seconded by Alderman Slattery
I wuuld like to nominate my colleague from the Fourth Ward , Ethel Nichols .
By Alderman Boronkay: Seconded by Alderman Holman
I would like to nominate my colleague from the First Ward , Rudy Saccucci .
Resolution to Close Nominations .'
By Alderman Boothroyd: Seconded by Alderman Slattery
RESOLVED , That the nominations for the office of Alternate Acting Mayor
be closed . t
I Carried Unanimously
i0
A vote was taken on those in favor of Alderman Nichols as Alternate A
'''.° Acting Mayor which resulted as follows :
r
Ayes (6) - Slattery , Boothroyd , Bordoni , Meyer , Dennis , Gutenberger
Abstention (1) - Nichols
A vote was taken on those in favor of Alderman Saccucci as Alternate
Acting Mayor which resulted as follows :
Ayes (2) - Holman, Boronkay •
Abstention (1) - Saccucci
i
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216 -4- January 5 , 1977
Mayor Conley announced Alderman Nichols duly elected as Alternate
Acting Mayor.
• Alderman John Gutenberger was sworn in as Acting Mayor , and Alderman
Ethel Nichols as Alternate Acting Mayor for the year 1977 by City Clerk
Rundle .
COMiMUNICATIONS FROM THE MAYOR :
Appointments by Mayor which require Council approval
Acting City Judge
Mayor Conley announced the appointment of William C. Barrett , 7 Cornell
Walk , for a one-year term ending December 31 , 1977 .
By Alderman Boothroyd : Seconded by Alderman Boronkay
RESOLVED , That the Mayor' s appointment of William C . Barrett as Acting
City Judge for a one-year term ending December 31 , 1977 be approved and
confirmed.
Carried Unanimously
Mr. Barrett took the Oath of Office and was sworn in as Acting City
Judge by City Clerk Rundle .
Deputy City Clerk
Mayor Conley announced the appointment of Robert V. Pezdek, 205 Linden
Avenue , for an indefinite term.
By Alderman Dennis : Seconded by Alderman Nichols
RESOLVED, That this Common Council hereby approves the appointment by
the Mayor of Robert V. Pezdek as Deputy City Clerk, at Step III of the
Compensation Plan, effective January 1 , 1977 .
Carried Unanimously
Mayor Conley introduced Mr. Pezdek to the Council and informed them he
has been, and will continue , performing the function of Civil Service
Secretary; also that part of his salary will be paid from the Civil
Service Line.
Assessment Board of Review
Mayor Conley announced the appointment of Thomas F. Cusak, 117 W. Yater
Street , for a one-year term ending December 31 , 1977 .
By Alderman Gutenberger : Seconded by Alderman Boothroyd
RESOLVED , That this Common Council hereby approves the appointment by
the Mayor of Thomas F . Cusak to the Assessment Board of Review.
Carried Unanimously
Examining Board of Electricians
Mayor Conley announced the appointment of Floyd Ferris , Lansing Station
Road, Lansing , N. Y. for a three-year term ending December 31 , 1979 .
(This person is an employee of the New York State Board of Fire Under-
writers but is required to be appointed by the Mayor and approved by the
Common Council . )
By Alderman Dennis : Seconded by Alderman Boothroyd
RESOLVED, That this Common Council hereby approves the appointment by
the Mayor of Floyd Ferris to the Examining Board of Electricians .
Carried Unanimously
•
Examining Board of Electricians
Mayor Conley announced the appointment of Alfred N. Parente , 809 N. Tioga
Street , for a three-year term ending December 31 , 1979 .
By Alderman Gutenberger : Seconded by Alderman Boronkay
RESOLVED , That this Common Council hereby approves the appointment by
Mayor of Alfred N. Parente to the Examining Board of Electricians .
Carried Unanimously
Youth Bureau Advisory Board .
Mayor Conley announced the appointments of
Dr. Jeffrey Bishop, 614 N. Cayuga St. , reappointment for a three-year
term ending 12/31/79 ;
Robert L. Tottey, 302 Utica St . , new appointment for a three-year term
ending 12 /31/79 ;
Douglas Addy, 210 E. Marshall St. , reappointment for a three-year term
ending 12/31/79 ;
Louis Withiam, 3 Cliff Park Circle , reappointment for a three-year term
ending 12/31/79 ;
- 5- January 5 , 1977
217
Frank Moon, 507 Turner Place , new appointment for a two-year term •
ending 12/31/78
By Alderman Bordoni : Seconded by Alderman Boothroyd
RESOLVED, That this Common Council hereby approves the appointment by `i
the Mayor of Dr. Jeffrey Bishop , Robert L . Tottey, Douglas Addy , Louis
Withiam, and Frank Moon to the Youth Bureau Advisory Board.
Carried Unanimously
Greater Ithaca Activities Center Board
Mayor Conley announced the reappointment of James Dennis , 111 Irving
Place , for a three-year term ending December 31 , 1979 ; and the reappoint-
ment of Dexid Wallace , 1102 E. State Street, for a three-year term ending
December 31 , 1979 .
By Alderman Nichols : Seconded by Alderman Boronkay
`-." RESOLVED , That this Common Council hereby approves the reappointment by
the Mayor of James Dennis and David Wallace to the Greater Ithaca
Activities Center Board.
Carried Unanimously
Board of Zoning Appeals
Mayor Conley announced the reappointment of Dr. Martin Greenberg , 315
I) N. Geneva Street for a three-year term ending December 31 , 1979 ; and
in Dr. Edgar L. Gasteiger, 304 Ithaca Road for a three-year term ending
O December 31 , 1.979 .
Q By Alderman Nichols : Seconded by Alderman Holman
RESOLVED, That this Common Council hereby approves the reappointment by
Q the Mayor of Dr. Martin Greenberg and Dr . Edgar L. Gasteiger to the Board
Q of Zoning Appeals .
Carried Unanimously
Ithaca Landmarks Preservation Commission
Mayor Conley announced the reappointment of Katherine P. Gerkin, 116
Mitchell Street for a three-year term ending December 31 , 1979 ; and
the appointment of Mr. Ian Stewart , 419 E. Buffalo Street for a three-
year term ending December 31 , 1979 .
By Alderman Nichols : Seconded by Alderman Boothroyd
RESOLVED , That this Common Council hereby approves the reappointment by
the Mayor of Katherine P. Gerkin, and the appointment of Mr. Ian Stewart
to the Ithaca Landmarks Preservation Commission.
Carried Unanimously
Environmental Commission
Mayor Conley announced the appointment of Mrs . Patricia Carlson, 407
N. Aurora Street for a four-year term ending December 31 , 1980 ; Ms . Nancy
Galant , 317 Mitchell Street for a four-year term ending December 31 , 1980 ;
and Mr. Wayne Steinbaugh , 7 Woodland Place for a four-year term ending
December 31 , 1980 .
By Alderman Holman : Seconded by Alderman Boronkay
RESOLVED , That this Common Council hereby approves the appointment by
the Mayor of Mrs . Patricia Carlson, ,Ms . Nancy Galant and Mr . Wayne
Steinbaugh to the Environmental Commission .
Carried Unanimously
Commons Advisory Board .
Mayor Conley announced the reappointment of Mrs . R. C . Osborn , 303
N. Aurora Street for a two-year term ending December 31 , 1978 (Mayor
Conley indicated he would request Mrs . Osborn to fill the chairmanship
of the Board) ; Mr. Thomas Niederkorn , 310 W. State Street for a two-year
term ending December 31 , 1973 ; and Mrs . Nancy Meyer , 214 Cascadilla Park
as Council Representative to the Board for a one-year term ending December
31 , 1977 .
By Alderman Dennis : Seconded by Alderman Boronkay
RESOLVED , That this Common Council hereby approves the reappointment by
the Mayor of Mrs . R. C . Osborn and Mr. Thomas Niederkorn to the Commons
Advisory Board; also the reappointment of Alderman Meyer as Council
Representative to the Board .
Carried Unanimously
Mayor Conley informed the Council that he would complete the appointments
to this Board at the next meeting of the Council .
218 -6- January 5 , 1977
Housing Board of Review
Savor Conley announced the appointment of Mr. James Gibbs , S12 S . P12in
Street , for a three-year term ending December 31 , 1979 ; Mrs . Barbara
Whispell , 316 Brookfield Road , for a one-year term ending December 31 ,
1977 ; and Ms . Peaches Bell , 110 Esty Street , for a two-year term ending
December 31 , 1978 .
By Alderman Nichols : . Seconded by Alderman Saccucci
RESOLVED, That this Common Council hereby approves the appointment by
the Mayor of Mr. James Gibbs , Mrs . Barbara Whispell and Ms . Peaches Bell
to the Housing Board of Review.
Carried Unanimously
•
Mayor Conley informed the Council that this Board is expected to become
active , is a five-member Board , and he will complete the appointments ,
to this Board at the next meeting of the Council.
Board of Public Works
Mayor Conley announced the reappointment of Mr . John Ewanicki , 1306
E . State Street , for a three-year term ending December 31 , 1979', and
Mr . Stuart W. Stein, 1018 E . State Street , for a three-year term ending
December 31 , 1979 . Mayor Conley requested that Mr . Stein continue as
the Board representative on the Planning & Development Board .
By Alderman Nichols : Seconded by Alderman Saccucci
RESOLVED, That this Common Council hereby approves the reappointment by
the Mayor of Mr . John Ewanicki and Mr. Stuart W. Stein to the Board of
Public Works .
Carried Unanimously
Planning & Development Board
Mayor Conley announced the appointment of Mrs . Mary Crowley, 965 E.
State Street , for a three-year term ending December 31 , 1979 .
By Alderman Bordoni : Seconded by Alderman Nichols
RESOLVED, That this Common Council hereby approves the appointment by
the Mayor of Mrs . Mary Crowley to the Planning & Development Board .
Carried Unanimously
Standing Committees of Common Council - 1977
Mayor Conley announced the following appointments to the Standing
Committees :
Budget and Administration Charter and Ordinance
John C . Gutenberger, Chm. Mrs . Ethel B . Nichols , Chm.
James P . Dennis , Vice Chm, Raymond Bordoni , Vice Chm.
Rudolph M. Saccucci Mrs . Elva W. Holman
Robert L. Boothroyd , Jr. Richard J . Boronkay
Donald J. Slattery Donald J. Slattery
Planning and Development Human Services
Mrs . Nancy R. Meyer , Chm. Robert L . Boothroyd, Jr. , Chm.
Raymond Bordoni , Vice Chm. Mrs . Ethel B. Nichols , Vice Chm.
John C . Gutenberger Mrs . Nancy R. Meyer
Mrs . Elva W. Holman Richard J. Boronkay
James P . Dennis Rudolph M. Saccucci
Intergovernmental Relations
James P. Dennis , Chm.
Donald J . Slattery, Vice Chm.
Richard J. Boronkay
Raymond Bordoni
• Liaison Members from Common Council
Public Works : Raymond Bordoni (Liaison)
Youth and Recreation: Robert, L. Boothroyd, Jr. (Voting Member)
Public Safety: John C . Gutenberger (Liaison)
Landmark Preservation: Mrs . Nancy R . Meyer (Liaison)
Economic Opportunity Corp . : Richard J. Boronkay (Voting Member)
society for Prevention of Cruelty to Animals : Rudolph M. Saccucci (Voting
Ithaca Housing Authority : Donald J . Slattery (Voting Member) Member)
Environmental Commission: Mrs . Elva W. Holman (Voting Member)
HIuman Services Coalition: Mrs . ethel B. Nichols (Voting Member)
Urban Renewal Agency: James P. Dennis (Voting Member)
Planning & Development Board : Raymond Bordoni (Voting Member)
-7- January 5 , 1977 219
Urban Renewal Agency
Mayor Conley announced the appointment of Mr. James P . Dennis , 111
Irving Place , for an indefinite term, to replace Mrs . Barbara Whispell
who has resigned from membership in the Agency.
By Alderman Gutenberger : Seconded by Alderman Saccucci
RESOLVED , That this Common Council hereby approves the appointment by
the Mayor of Mr. James P. Dennis to the Ithaca Urban Renewal Agency .
Carried Unanimously
•
Board of Appeals on Building Codes
Mayor Conley announced the appointment of Mr. Robert Boehlecke , architect ,
203 Utica Street , for a three-year term ending December 31 , 1979 ; Mr .
Robert Flumerfelt , Engineer , 115 Campbell Avenue , for a two-year term
ending December 31 , 1978 ; and Mr. Paul Mackesey, General Contractor ,
254 1/2 Westwood Knoll , for a one-year term ending December 31 , 1977 .
By Alderman Boothroyd : Seconded by Alderman Bordoni
RESOLVED, That this Common Council hereby approves the appointment of
Messrs . Robert Bailey, Robert Flumerfelt and Paul Mackesey to the Board
of Appeals on Building Codes .
Carried Unanimously
UD Police Department
Mayor Conley announced the appointment of Mr . Frank Hammer , 401 Cliff
CD Park Road , as Police Commissioner for a two-year term ending December 31 ,
Q 1978.
Q By Alderman Boothroyd : Seconded by Alderman Saccucci
Q RESOLVED, That this Common Council hereby approves the appointment of
Mr. Frank Hammer as Police Commissioner.
Carried Unanimously
The Council recessed at 9 : 00 p .m.
The Council reconvened into regular session at 9 : 15 p .m.
CHARTER & ORDINANCES COMMITTEE :
Elm-Maple Houses , Inc . Annexation
By Alderman Slattery:
WHEREAS , The management of the Maple Hills Housing Project located on
Maple Avenue outside the corporate limits of the City of Ithaca has
requested annexation by the City of Ithaca , and
WHEREAS, a public hearing was held on October 12 , 1976 , at which time
the request for annexation was discussed before the Ithaca Town Beard
and members of the Common Council , and
WHEREAS , The Ithaca Town Board has subsequently rejected the application
of the Maple Hills Housing Project for annexation by the City of Ithaca ,.
NOW, THEREFORE , BE IT RESOLVED, That the request of the Maple Hills
Housing Project located in the Town of Ithaca for annexation to the City
of Ithaca is hereby rejected on the grounds that the said Maple Hills
Housing Project has been located in the Town of Ithaca for a period of
at least five years and that no benefit would accrue to the City of Ithaca
and/or the residents thereof by annexing said property against the
official policy of the Ithaca Town Board.
Mr. David Abbott , Manager of the project , addressed the Council : "In
1970 the Common Council and the City of Ithaca gave its approval for
housing for people . We have 1145 people who are eligible under federal
law to occupy the housing . My commitment is to them and I am appearing
here as their advocate . The housing is there . It is a reality. ' There
is a $9 , 400 , 000 investment which was made by the State of New York , in
the form of a mortgage which is payable back to the State . The amortiza-
tion is part of the rent . The rest of the rent payments are structured
so that the services are covered by the rents . The rents are regulated
by the New York State Division of Housing and Community Renewal . I am
applying for a rent increase predicated upon the financials that are
available to me and that in the structuring of the rent 1: must justify
the expenditure of every nickel that must be met LT the tenants in the
rent structure .
220 - 8- January 5 , 1977
You should know also that last year I estimated what the water and
sewer c} rags wo b at the Maps Hill 22 .. in
Lhe Town
of
Ithaca - IV projected to the best of my ability a water and sewer cost
of $17 , 000 and the bill today that I received for water and sewer in
the Town of Ithaca is as follows : Sewer - $1133 ; water - $3300 approxi-
mately ; special tax benefit for water of $3900 . For the last quarter of
1976 we have already approached the total billing for 1975 . We have
3 more quarters to go in our accounting period. My appraisal wasn' t very
far off. It is going to be under rather than over the amount . We either
have to go after a rent increase in order to cover the expenses or the' _
project will go bankrupt.
The maintenance and operations budget which we inherited from the UDC
at the time the project was opened didn' t take that into consideration ,
nor did they take the special tax benefits into consideration because
it was agreed by all parties to the agreement that this would be located
in the City of Ithaca. Nor was it determined at the time that the Town
of Ithaca would go after its own water service as it has pursued over
the intervening years . Eventually, in the near future , the Town of Ithaca
intends to go into a special sewer district and to lay sewer lines to its
residents . . That will be an additional tax of about $95 per toilet . That
would be roughly $7200 additional tax benefits that would be assessed
against the project that would destroy the effects of the hou.sing_ for
those people who are eligible to live there . Our residents struggle to
pay the rents that are structured now at 60% of the prevailing fair
rentals in the area.
We receive all this documentation from FHA, I don' t make it up . We have
to act under the regulations that are promulgated by the Division of
Housing and the FHA in Albany. It is disastrous , the commitment is not
to low- income housing or middle- income housing ; the commitment is to the
people that live there . "
Atty. William Barrett spoke to the Council as follows : "My involvement
was in the initial stage as the City Attorney when Cornell came to the
City asking to contribute land to the City or to the public or to any
developer or whatever vehicle the City could provide to provide some
public housing. Cornell University had come under severe criticism at
the time for students leaving the hill and really moving for the first
time into the flats of the City - into what had generally been considered
low- income housing areas . Families were being displaced by students getting
together , coming into these houses and renting from landlords at far
higher prices than they could get from families .
The initial step was that it was going to have to be annexed to the
City because there was no vehicle in the Town of Ithaca that was equipped
to be involved in the management of this type of project . Only the land
happened to be in the Town. I was asked by Tom Mackesey to prepare a
petition for annexation. Cornell University , as owner of the property
would have to initiate the petition for annexation. Then UDC came into
the picture . I don ' t know what happened after that . I believe another
petition for annexation was prepared during Fred Weinstein ' s term of
office and submitted but I don' t know what happened to it .
When the project was built , there was at that time a commitment by the
City to public housing for this particular project . The City has never
owned the property. The petition would have to be initiated by the
property owner. The City had done nothing except express their desire to
cooperate with the development of this project to the fullest which I
believe -they have done .
I was asked this year by Dave to represent Ithaca Elm-Maple Housing at
this time because we were going to have to take up and complete the
annexation process which had never been completed. -During this process
there was conflict between the City and Town which had not been encountered
before regarding the extension of municipal services . Unfortunately this
whole matter has gotten involved with that and has also gotten involved
with the new Bolton Point Intermunicipal Water Project . I. agreed to
represent the project because I believe in the project ; I believe it is
an excellent project, it is something the community can be proud of.
-9- January 5 , 1977
221
I know Dave has been pushed by HUD and everyone wants to get this matter
resolved. I went into it assuming the City had a commitment to it . I
talked to Cornell ' s legal staff and got nothing but foot dragging . They
were not ready to go . They said if the Town and City agree , we will do it .
This is impossible because somebody will gain and somebody will lose . It
seems to be a reasonable area for annexation- -the area we are talking about
is completely contiguous to the City. I don ' t feel you understand all of
the problems here , and the impact . I hate to see the City turn its back
on this . It is important to know how it 'does affect the City - it is
not just a dollars and cents issue . It is a commitment to public housing
and the viability of the project. It cannot survive if it is forced to
assume the burden of all the new development in the Town. It was never
planned or contemplated in the financing of this development . "
Mayor Conley suggested offering an alternate plan - that the City ask the
Town of Ithaca to allow it to honor its previous commitment and allow that
project to be hooked up for water and sewer to the City of Ithaca . Pay-
ment in lieu of taxes would go to the Town of Ithaca , per capita aid and per ',
capita aid for youth would go to the Town of Ithaca . Then the project
could benefit from the lower water and sewer rate . If the Town refuses ,
up then he would like to have the matter tabled and allow the courts to
settle it .
UD
C City Attorney Shapiro explained to the Council the procedures which could
Q be taken under Article 78 of the General Municipal Law. He said the City
Q may, if it wishes , commence a special proceeding against the Town , and
Q the developer could intervene and carry that legal battle . Essentially
he would have to fight the battle . He said if the matter was tabled ,
that would constitute a legal presumption of approval , and 30 days after
the Town' s decision to deny application, the City could commence proceedings
against the Town of Ithaca if it so desired. 1
Resolution
By Alderman Slattery: Seconded by Alderman Meyer
RESOLVED , That the resolution for rejection of annexation of Elm-Maple
Housing petition be tabled.
Carried Unanimously
After further discussion on the floor the following resolution was
presented:
By Alderman Nichols : Seconded by Alderman Slattery
WHEREAS, the Maple Hill Apartment Complex in the Town of Ithaca was built
as a corollary of the Elm Street Housing Project on West Hill in the
City of Ithaca, and
WHEREAS , the rent structure of the Maple Hill Apartment Complex in the
Town of Ithaca is based upon stringent economy and maximum operating
efficiency to serve the needs of low- income tenants ,
NOW, THEREFORE , BE IT RESOLVED , That the Common Council hereby offers
to provide water and sewer service to the Maple Hills Housing Complex
in the Town of Ithaca at the prevailing rates charged to customers in
the City of Ithaca.
Carried Unanimously
BUDGET E1 ADMINISTRATION COMMITTEE :
Designation of,Official_ Newspaper.
By Alderman Dennis : Seconded by Alderman Gutenberger
RESOLVED , That pursuant to Section 7- 16 of the City Charter the Ithaca
Journal be and it is hereby designated as the official newspaper of the
City of Ithaca for the year 1977 .
Carried Unanimously
Designation of Official Depositories
By Al rman Dennis : Seconded by Alderman Saccucci
RESOLVED , That pursuant to Section 3- 7 of the City Charter the Tompkins
County Trust Company and the First National Bank Trust Company be and
they are hereby designated as the official depositories of all City funds
for the year 1977 as follows :
222 - 10- January 5 , 1977
TOMPKINS COUNTY TRUST COMPANY
City of Ithaca , General Fund 01 201 001004
City of Ithaca , Payroll Fund 04 201 001004
Capital Reserve Fund # 4 - Bridges 01 201 001055
" # 9 - Gen. Mun. Prop . & Bldg . 01 201 001128
# 11 Parks & Recr . Areas 02 201 001055
ft " # 14 - Parking Areas 03 201 001055
" " # 15 - Fire Eng . Replacement 04 201 001055
if 16 - Dev. of Water Sources 05 201 001055
" # 17 - Sewer Construction 06 201 001055
" # 18 - Municipal Garages 07 201 001055
" # 20 - West Hill Wr E Sr . Rep . 08 201 001055
# 22 - Bus Replacement 09 201 001055
" #22A - State Aided Bus Proj . 1.0 201 001055
Emp ' 1 . Group Insurance Deductions 03 201 001004
Emp ' 1 . Withholding for Soc . Security Cont . Fund 07 201 001004
Emp ' 1 . N.Y. S. Withholding Tax 08 201 001004
Emp ' 1 . U. S. Savings Bonds 09 201 001004
N.Y. S. Policemen F, Firemen' s Retirement System 11 201 001004
N.Y. S . Employees ' Retirement System 12 201 001004
Guaranty & Bid Deposits 05 201 001004
City Tax Sale Redpt . 05 201 001004
Deposits on Water Meters 05 201 001004
Surety Coupon & Bond Acct . 05 201 001004
West End Park Drinking Fountain 05 201 001004
Federal Revenue Sharing 02 201 001004
thaca Commons Trust Acct . 06 201 001004
Youth Bureau Educational Fund 10 201 001004
Proceeds from Bond Sales 01 201 001705
Firemen' s Relief Fund (Time Acct . ) 21 301 012261
Vet . Vol . Firemen ' s Assn. (Time Acct . ) 22 301 012261
Cemetery Fund (Time Acct . ) 21 301 023298
N. C. Hillick Memorial Fund (Time Acct . ) 21 301 140723
Storms Cemetery Fund (Time Acct . ) 23 301 023298
Holmes-Stamp Cemetery Fund (Time Acct . ) 22 301 023298
FIRST NATIONAL BANK AND TRUST COMPANY
City of Ithaca , Water & Sewer Fund 267 010109
City of Ithaca , Construction Fund 267 010842
Community Renewal Program 267 000731
Firemen' s Relief Fund 267 010001
Carried Unanimously
Approval of Collateral to Secure Deposits
By Alderman Dennis : Seconded by Merman Slattery
RESOLVED , That the collateral deposited by the Tompkins County Trust
Company and the First National Bank and Trust Company as reported be
approved as to form and sufficiency.
Carried Unanimously
Approval of Public Officials Bonds
By Aderman Dennis : Seconded by Alderman Nichols
RESOLVED , That pursuant to Section .11 of the Public Officers Law the follow-
ing bonds which are on file in the Office of the City Clerk be and are
hereby approved in all respects for the year 1977 :
John D. Wright , City Chamberlain $ 50 ,000 G0488174 Globe Indem. Co.
James J. Clynes , Jr , , City Judge 4 , 000 G-438528 Globe Indem. Co . •
Faithful Performance Bond, All
City Employees 100 , 000 G 438529 Globe Indem. Co .
Carried Unanimously
Designation of Regular Meeting Dates E Hour
By Alderman Dennis : Seconded by Alderman Slattery
RESOLVED , That regular meetings of the Common Council for 1977 be held
at 7 : 30 p .m. on the first Wednesday of each month in Common Council Chambers
at City Hall , 108 E. Green Street , Ithaca , New York .
Carried Unanimously
_-
-11- January 5 , 1977 223
Approval. of Contract with Richard I . McDougall
By Alderman ennis : Seconded by Alderman Nichols
RESOLVED , That the Mayor and City Clerk be and they are hereby authorized
and directed to execute an agreement with Richard I . McDougall for con-
sulting services in an amount not to exceed $9 , 500 .
Discussion followed on the floor.
A vote was taken on the resolution which resulted as follows :
Carried Unanimously
Approval of Contract with Antone Aboud
' By Alderman Dennis : Seconded by Alderman Slattery
RESOLVED, That the Mayor and City Clerk be and they are hereby authorized
and directed to execute an agreement with Antone Aboud for consulting
services in an amount not to exceed $17 , 000 per annum for the period of
two years .
Alderman Dennis briefly reviewed the contract .
up A vote was taken on the resolution which resulted as follows :
UD Carried Unanimously
Q Approval of Cot-r.act with Tompkins County Chamber of Commerce
Q By Alderman Dennis :
Q RESOLVED , That the Mayor and City Clerk be and they are hereby authorized
Q and directed to execute an agreement with the Tompkins County Chamber of
Commerce for Promotional Services in an amount not to exceed $8 ,000 .
Discussion followed on the floor and the resolution was amended as follows :
Amended Resolution
By Alderman Nichols : Seconded by Alderman Slattery
RESOLVED, That the Mayor and City Clerk he and they are hereby authorized
and directed to execute an agreement with the Tompkins County Chamber of
' Commerce for Promotional Services in an amount not to exceed $6 , 000 .
" A vote was taken on the amended resolution which resulted as follows :
Ayes - (9) Nays (1) -. Dennis
Carried Unanimously
Approval of Bonding - Mass Transportation
The following ..Taesolutior s. offered,`b' Ald.err;an- Dennis , who moved its
adoption, seconded by Alderman Slattery , to-wit :
BOND RESOLUTION DATED January 5 , 1977 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $507 ,870 SERIAL BONDS
OF THE CITY OF ITHACA , TOMPKINS COUNTY , NEW YORK, TO PAY THE
COST OF VARIOUS PUBLIC IMPROVEMENTS FOR MASS TRANSPORTATION
PURPOSES IN AND FOR SAID CITY.
BE IT RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County , New York , as follows :
Section 1 . The specific objects or purposes , or classes of objects
or purposes , to he financed pursuant to this resolution, and the maximum
estimated cost of each such specific object or purpose , or class of
object or purpose , for mass transportation purposes in and for the City
' of Ithaca , Tompkins County , New York , is as follows :
a) The purchase of one forty-five passenger transit bus , at a
maximum estimated cost of $80 , 000 , being a specific object or
purpose ;
b) The purchase of three thirty passenger transit buses , at an
aggregate maximum estimated cost of $195 ,000 , being a class
of objects or purposes ;
c) The construction of passenger shelters , at an aggregate maxi-
- mum estimated cost of $67 ,870 , being a class of objects or
purposes ; and
d) The construction of n m::; e one �•:i, .
machinery , equipment and apparatus required in connection
therewith , at a maximum estimated cost of 5165 , 0100 , being a
specific object or purpose .
224 -12- January 5 , 1977
Section 2 . The total aggregate maximum estimated cost of such
sueci is obiects or purposes , or classes of ohiects or purnoses _ is
$507 , 870 , and the plan for the financing thereof is by the issuance
of $507 , 870 , serial bonds of said City , hereby authorized to be issued
pursuant to the Local Finance Law , provided , however , that the amount
of serial bonds ultimately to be issued shall be reduced by the amount
of any State and/or Federal grants-in-aid received for such specific
objects or purposes , or classes of objects or purposes .
Section 3 . It is hereby determined that the period of probable
usefulness applicable to each of the aforesaid specific object or
purpose , or class of object or purpose , is five years , pursuant to sub- -
divisions 29 , 29 , 32 and 11 (a) , respectively, of paragraph a of Section ,
11 . 00 of the Local Finance Law.
Section 4 . The faith and credit of said City of Ithaca , Tompkins
County , New York, are hereby irrevocably pledged to the payment of the
principal of and interest on such bonds as the same respectively become
due and payable . An annual appropriation shall be made in each year
sufficient to pay the principal of and interest on such bonds becoming
due and payable in such year . There shall annually be levied on all the
taxable real property in said City a tax sufficient to pay the principal
of and interest on such bonds as the same become due and payable .
Section 5 . Subject to the provisions of the Local Finance Law, the
power to authorize the issuance of and to sell bond anticipation notes
in anticipation of the issuance and sale of the serial bonds herein
authorized, including renewals of such notes , is hereby delegated to the
City Controller, the chief fiscal officer . Such notes shall be of such
terms , forms 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 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
provided in Section 81 . 00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call , which resulted as follows :
Alderman Gutenberger VOTING yes Alderman Holman VOTING yes
Alderman Saccucci VOTING yes Alderman Meyer VOTING yes
Alderman Boothroyd VOTING yes Alderman Nichols VOTING yes
Alderman Slattery VOTING yes Alderman Boronkay VOTING yes
Alderman Bordoni VOTING yes Alderman Dennis VOTING yes
Carried Unanimously
BICENTENNIAL COMMISSION:
Certificates of Award and Excellence
Alderman Nichols informed the Council that the City of Ithaca has achieved,
in the nationwide Votingest City Competition, FIRST PLACE IN VOTER TURNC
ON NOVEMBER 2 , 1976 IN POPULATION CATEGORY 25 , 001- 50 , 000 , and presented '
the Certificate of Award received by the City.
Alderman Nichols also informed the Council that the City of Ithaca has
achieved , in the nationwide Votingest City Competition , OVER 80 PERCENT
VOTER TURNOUT ON NOVEMBER 2 , 1976 , and presented the Certificate of
Excellence received by the City.
Mayor Conley informed the Council that he intends to have the Certificates
framed and hung in the Council Chambers .
- 13- January 5 , 1977225
Mayor Conley expressed thanks to Alderman Meyer for the improvement in
the appearance of the Common Council Chambers .
PUBLICATION FOR COUNCIL :
By Alderman Slattery : Seconded by Alderman Dennis
RESOLVED, That the City purchase the publication , Nation' s Cities , for
the Council , and that the matter be referred to the Budget & Administra-
tion Committee for appropriation of fund's to cover the cost of the sub-
scription.
Carried
I
ADJOURNMENT:
I On a motion the meeting adjourned at 10 : 48 p .m.
L
UD
CD /4 / net
a 1 � ' el '
Q ---4
ose h A. Rundle , City Clerk Edward J. Conley , Mayor
a
rte.. 7
227.
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Special Meeting 7 : 30 P.M. January 12 , 1977
PRESENT:
Mayor - Conley
Aldermen (7) - Bordoni , Gutenberger, Dennis , Holman, Meyer, Nichols ,
Saccucci
ABSENT:
Aldermen (3) - Boothroyd, Boronkay, Slattery
•
OTHERS PRESENT:
000'"‘---0
City Attorney - Shapiro Chief of Police - Herson
Building Commissioner - Hoard Supt. of Public Works - Dingman
Director, Planning & Development - Van Cort City Clerk — Rundle
Comm' r. BPW - Stein
PLEDGE OF ALLEGIANCE:
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
O APPROVAL OF MINUTES :
Q By Alderman Dennis : Seconded by Alderman Nichols
Q RESOLVED, That the minutes of the December 29 , 1976 meeting be approved
as recorded by the City Clerk.
Q Carried Unanimously
MAYOR' S APPOINTMENTS :
Planning & Development Board
Mayor Conley announced the reappointment of Mr . Richard M. Moran, 119
Oakwood Lane , for a three-year term ending December 31 , 1979 .
By Alderman Gutenberger : Seconded by Alderman Saccucci
R.'.SOLVED, That this Common Council hereby approves the reappointment by
the Mayor of Mr. Richard M. Moran to the Planning & Development Board.
Carried Unanimously
Commons Advisory Board •
Mayor Conley reported that Mrs . Agda Osborn was unable to accept the
chairmanship of the Board. Therefore he asked that a position be added
to the Board and that ex officio member , The Rev. John A. Taylor , 207
Winston Drive , be appointed to this position as chairman of the Board.
He further requested approval of appointment of Mr. Brian Dewart , 333
Ellis Hollow Creek Road to fill the vacancy created by resignation of
J. Atsedes .
By Alderman Holman: Seconded by Alderman Saccucci
RESOLVED, That this Common Council hereby approves the addition to the
Board of The Rev. John A. Taylor as chairman, and the appointment of
Mr. Brian Dewart to the Board.
Carried Unanimously
•
PLANNING $ DEVELOPMENT COMMITTEE :
Approval of Community Development Application
Mr. Richard McDougall of the Planning $ Develqpment Department reviewed 1
the budget with the Council .
Alderman Saccucci recommended that the target area of the program be
expanded to include all areas of the city. He cited the Cliff Street
residential parking problem as an example of a problem whichTshould receive
at;„ention. Mayor Conley asked the planning staff. to review the problem, and
come •1p with a recommendation for a capital project to be included in the
Capital Program for consideration.
Resolution
$y Alderman Meyer: Seconded by Alderman Saccucci
WHEREAS, the federal assistance provided in the Community Development
Program is for the support of community development activities that
are directed toward the elimination of slums and blighting influences ;
the elimination of conditions that are detrimental to health , safety,
and public welfare ; the conservation and expansion of the housing stork
S4L VLVV1 l.V F.'S VY -4V a \L c c\.111. Aa L.altV (A.stU .5A11.GU1\r a1Y 4.AL 4.a1Y �- Vatm r..1a 1. for
all persons ; community services and facilities , principally for persons
of low and moderate income , that are essential for sound community develop-
vent ; a more rational utilization of land and other natural resources ; thy'
reduction of the isolation of income groups within the community and an
72- January 12 , 1977
220rease in the diversity and vitality of neighborhoods ; the restoration
and preservation of properties of special value for historic , architectural ,
or aesthetic reasons , and
WHEREAS, working toward these objectives is in the interest of the City of
Ithaca, and
WHEREAS, the City possesses legal authority to apply for the grant and to
execute the program proposed in the Community Development application,
NOW, THEREFORE BE IT RESOLVED, That the Common Council authorizes the filing
of the application, including all understandings and assurances contained
therein, and directs and designates the Mayor as the authorized representat °.
of the City of Ithaca to act connection -with the application and to pr(
vide such additional information as may be required,
BE IT FURTHER RESOLVED, That the Urban Renewal Agency is authorized to exps m.
such monies as budgeted in the 1975- 76 , 1976- 77 , and 1977-78 Community
Development applications with the exception of 1) property acquisition,
2) capital projects , and 6) any changes in the Community Development. project
lines , as determined by this Common Council ,
FURTHER, BE IT RESOLVED, That the Community Development/Urban Renewal
plan be amended by the inclusion of this document.
Discussion followed on the floor.
A vote was taken on the resolution which resulted as follows :
Carried Unanimously
Resolution
By Alderman Meyer: Seconded by Alderman Gutenberger
WHEREAS , $20 , 000 of Community Development funds have been budgeted for study
of the City' s future community development needs ,
BE IT RESOLVED, That plans for such study be presented to this Council
before it is undertaken and approved.
Carried Unanimously
MAYOR' S AP PO INT'MENTS:
Housing Board of Review
Mayor Conley announced the appointment of Mr. Paul Mackesey, 254 1/2 West
wood Knoll and Mr. Thomas Cusack, 117 W. Yates Street , for three-year terms
ending December 31 , 1979 .
By Alderman Nichols : Seconded by Alderman Holman
RESOLVED, That this Common Council hereby approves the appointment by the
Mayor of Messrs . Paul Mackesey and Thomas Cusack to the Housing Board of
Review.
Carried Unanimously.
BUDGET $ ADMINISTRATION COMMITTEE :
Authorization to request Bond Counsel to prepare Bond Resolution- -Elmira
Road Improvements
Mayor Conley informed the Council that this item would not be acted upon to-
night because, at the Board of Public Works meeting earlier in the afternoon,
the decision was made that the Board would like to see the plan in more
detail before they would approve it . Therefore , Mayor Conley established a
meeting at 4 : 00 p .m. on Tuesday , January 18 , 1977 in the Common Council
Chambers , to which he invited the Council members , Board of Public Works
and Planning fi Development Board for a presentation of the Elmira Road
Improvements Plan. He further requested that the Planning staff and Dept.
of Public Works staff be prepared to make their comments at the meeting.
Elm-Maple Housing
Mayor Conley informed the Council that the Town of Ithaca had indicated trey
would like to meet with the Common Council to discuss the Elm-Maple Hous:
Annexation. The Town has invited the Mayor and Council to meet with they
at the Town Office on Tuesday, January 18 , 1977 at 7 : 30 p .m.
Benefit District Mall Assessment
Mayor Conley informed the Council that the Board of Public Works has had
hearings on the benefit assessment district , that it was called to their
attention that inequities exist in respect to the corner properties with
primary frontage on the Commons with secondary sides off the Commons . Ti was
recommended that the city assume additional cost of correction in order to
resolve the inequity, thus slightly increasing the city 's portion of the
totem`'la necessiage tatingfanmamendment to the Local Law by the Council to adju
Resolution
By Alderman Nichols : Seconded by Alderman Saccucci
RESOLVED, That the Council approve in concept the suggestion of changing
the assessment formula for the corner properties with secondary sides on
-3- January 12 , 1977
229
the Commons , and that the details be referred to the Charter & Ordinances
Committee for implementation.
Carried Unanimously
CHARTER & ORDINANCES COMMITTEE :
Local Law Amending the Cable Television Franchise to Ceracche Television ✓
Corporation
By Alderman Nichols : Seconded by Alderman Holman
BE IT RESOLVED, That proposed Local Law No . 1 of the year 1977 entitled,
A LOCAL LAW AMENDING THE CABLE TELEVISION FRANCHISE TO CERACCHE TELEVISION
CORPORATION, be and it hereby is introduced before the Common Council of
the City of Ithaca , New York, and
BE IT FURTHER RESOLVED, That copies of the aforesaid proposed local law
be laid upon the desk of each member of the Common Council by the City
Clerk, and
BE IT FURTHER RESOLVED, That the City Clerk is instructed to advertise
for a public hearing to be held at 7 : 30 p .m. on February 2 , 1977 , in the
Common Council Chambers , 108 East Green Street , after which the Common
Council will take action upon the proposed local law.
IO Carried Unanimously
UD
Q NEW BUSINESS:
Route 96 Corridor ✓
QAlderman Saccucci reported that the west end residents are very concerned
and disturbed as a result of the State proposal for the Rte . 96 Corridor.
Q He appealed to the Council to recognize these appeals and objections and
to assure the residents that the City will do everything possible not to
make this proposal happen.
Mayor Conley replied that in the very near future the City will have an
official position in respect to that development . Council will be meeting
to discuss this and it will be passed on to the constituents . He said he
hopes to be able to come up with a plan the State will work with.
Effects of Storm on Commons Maintenance
Supt. of :Public Works Dingman reported that , with the exception of a
few accidents of persons falling down on the Commons , the maintenance
program works as good as it can without using chemicals which would be
bad for the concrete .
Effect of Right-hand Turn on Red Signal Light
Police Chief Herson reported it is too soon to determine the effects of
the recent State law whereby traffic can make right-hand turns on the red
signal light.
Fire in Central Business District
Mayor Conley commended the Police , Fire and Public Works Departments on
their excellent performance of duties in handling the recent fire in the
100 block of N. Aurora Street.
ADJOURNMENT: •
On a motion the meeting adjourned at 8 : 43 p.m.
1es .h A. Run le , City Clerk Edward J . Conley, Mayor
•
211
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Special Meeting 7 : 30 p.m. January 31 , 1977
PRESENT:
Mayor - Conley
Aldermen - (9) - Boothroyd, Bordoni , Boronkay, Dennis , Holman, Meyer ,
Nichols , Saccucci , Slattery
Board of Public Works Commissioners (5) - Ewanicki , Whispell , Baldini ,
Stein, Schickel
Planning Board Members (3) - Benson, Hildreth, Moran
ABSENT:
Alderman (1) - Gutenberger
OTHERS PRESENT:
Controller - Daley Dir. , Planning & Development - Van Cort
Supt. DPW .- Dingman City Engineer - Cox
Asst. to Supt. - Dougherty Chief of Police - Herson
Up Building Comr. - Hoard City Clerk - Rundle
Up
v
O Mayor Conley informed the Council that Supt . Dingman has received
Q authorization from the Board of Public Works to put the Elmira Road
Q Improvements Project to bid, subject to the provision of funds that the
Council would have to make on Wednesday night. The original intent was
Q to make a presentation Wednesday afternoon for the Councilmen, Board of
Public Works members , Planning and Development Board members and the
Elmira Road merchants , and then have a presentation Wednesday evening
to see if the funds were appropriated or if there would be authoriza-
tion to go ahead and put the project out to bid. Mayor Conley said the
city applied to the federal government for public works funds and, had
it been accepted, the city would have had funds . However , the cut-off
was not met and the application was not accepted. The feeling is that
in the foreseeable future this project would not qualify for federal
funds ; therefore, it is a project which would have to be done with local
funds and resources .
City Engineer Cox commented that after much consideration agreement was
reached in City Hall that what the city wants to do is to widen the
existing Elmira Road to a 5-lane situation. Ideally there would be 2 lanes
in either direction and a 5th lane in the middle as a raised median.
However, that would pretty well kill the business , at least from half the
vehicles travelling Elmira Road, so the concept was arrived at to have, a
flush median in the center reserved for left turning only. This situation
presents a safety problem which is not believed .to be insurmountable so
the staff have gone ahead with the plans , knowing extra precautions would
have to be taken to make the center lane work. He said we would be
basically building the road, using the existing pavement and building on
either side of it- -a lane and a half. The biggest problem is the drainage
because the water is there . The project is to provide the necessary
drainage, and in order to do that , curbs are necessary- -they would also
serve to limit access and define the edges . Originally the city had not
planned on street lighting in the original estimates , but it was decided
it would. be to the city's advantage to put the lighting system in.
Mr. Cox said a year ago the estimate was on the order of $920 ,000 ; then
in May wnen a proposal was put together for the Capital Improvements
Reserve Committee a construction cost of $1 ,000 ,000 was estimated , realizing
they would not be building anything in 1976 so there is a pretty good cost
increase there just to reflect the inflation. When they turned in the
final design, in working the contract documents up , to Barton, Brown , Clyde
and Loguidice with the intent of going after federalfunding , the initial
rough estimates which didn ' t include street lighting, plantings or the
engineering phase , ran about $975 ,000 . Then Council authorized an appli -
cation for the EDA funds in November of 1 . 165 million dollars and the
added cost there was basically the street lighting system and engineering .
Mr. Cox said the basic reason for the presentation was to explain to the
Council and Board members why there have heen a lot of diffr-'rent nrirpc
in the newspaper lately. $996 , 000 was the basic construction cost ;
232 - 2- January 31 , 1977
•
.pil-r ,3 0 is the cosi. ur a uaSIL iighLiiig z,ysLem--ueLLer louking lighLiitg
system and signs added approximately $60 ,000 to the cost. If the city
elects to landscape the project the cost will be roughly $88 ,000 . The
estimate for removing the power distribution system and relocating it
in the rear yards is $194 ,000 .
Mr. Cox introduced the consultant for Barton, Brown, Clyde $ Loguidice who
in turn presented Bob Hornaday, project engineer and Jim Glavin, sub-
contract landscape architect. Mr. Hornaday said that because of State
regulations there are certain signage regulations required . He suggested
the modular concept - one of combining street lighting and signage system
along the road - which includes trash container at the base of the light;
has a rectangular extension for luminaire, with the option of increasing
the size of the lamps at some future date , and a graphic panel (aluminum)
for different arrangements of signs , all combined into one unit, mounted
at a height of about 35 feet.
Mr. Glavin said that in trying to accomplish a city street Ithaca could
be proud of, they evaluated the entire scope of work as. far as lighting
and signage was concerned. There would be 40 light poles (reduced from
the initial 90 light poles and sign poles) and they were able to place all
of the signs with the exception of 3 or 4 within the framework of the
light itself. In addition they have come up with a planting scheme for
the very limited right-of-way along the length of the project. They plan
to situate the trees some distance from the lights in order that the signs
which will be attached to the lights may be seen. There are limitations .
on where the trees can be planted. They suggest trees 3 1/2 to 4" in
diameter , 14-16 ' high with 50a crown. There will be flowering trees in
areas where they can be located and shrub beds . Certain overhead signs
are required by law to be over the lane (4) and cables support these.
Alderman Meyer commented that she would ask the Planning & Development
Committee to meet following the Council meeting .
Alderman Saccucci said he is in favor of the city doing the entire projec
before the costs go higher.
Discussion followed in respect to rights-of-way for relocating the light
poles , easements , trees and their effect , responsibility for maintenance ,
the sharing of costs by the merchants , etc.
Comm. Stein asked what part of the costs the merchants would agree to .
Atty Fred Weinstein, representing Dr. Reuben Weiner , said his client
agrees to provide easements but not to the cost of moving the power lines .
Supt. Dingman assured the Council the merchants will have no objection
to the city picking up that cost.
David Cutting and William Zikakis , merchants on Elmira Road, remarked
that they both feel it is time to move and do the project completely.
Alderman Boothroyd said he is very much in favor of the project but the
Council should know what the merchants ' commitment would be so the Council
would know what they are committing the city to .
Alderman Nichols wished- to go on record that the city is willing to
negotiate for the easements but will not pay for them.
Mayor Conley asked if the Elmira Road merchants are in favor of going
ahead with the project and they answered in the affirmative.
ADJOURNMENT: �..
On —a motion the meeting adjourned at 9 : 36 p.m.
tekkrWL
s
ase h A. Rundle , City Clerk Edward J. Conley, Mayor
•
233
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7:30 P.M. February 2 , 1977
PRESENT:
Mayor - Conley
Aldermen (10) - Eoothroyd, Bordoni , Boronkay, Dennis , Gutenberger,
Holman, Meyer, Nj ols , Saccucci, Slattery
OTHERS PRESENT:
1 1 Controller - Dalc Dir. Planning & Development - Van Cort
i I Dep. Bldg. Comr. Jones Chief of Police - Herson
City Engineer - C x Fire Chief - Weaver
City Attorney - ipiro Bldg. Comr . - Hoard
Dir. Youth Bureat - Cutia City Clerk - Rundle
Supt . BPW - Ding::
PLEDGE OF ALLEGI:
Mayor Conley led _1 present in the Pledge of Allegiance to the American
I ) flag.
CDCD APPROVAL OF MINU': S :
By Alderman Nichc s : Seconded by Alderman Saccucci
Q RESOLVED, That ti minutes of the January 5 , and January 12 , 1977
Q meetings be apprc -cd as recorded by the City Clerk.
Q Carried Unanimously
PETITIONS AND HES INGS OF PERSONS BEFORE COUNCIL:
S.P.C.A. Agreemer.
Dr. Tennant , S. P. ; .A. representative , informed the Council that in
preparing the btu, ,et for 1977 , two plans were proposed, one being a "hold
the line" budget. It was proposed to expand the service to 7 days per
week, 18 hours a '.ay instead of 5 days a week. He said the county accepted
I
the "hold the lir ," budget and is also looking at ways of implementing
the larger budget . He said the additional money in the budget would be
Jused for a new vtqicle and to bring salaries to a reasonable level for
the manager and tco workers . Mr. Brothers , S.P. C.A. representative , said
they are negotiaing with Ithaca College to purchase their tranquillizer
gun in order to provide a full range of service . The expansion of the
shelter is being done on a volunteer donation basis . •
Alderman Saccucci asked if it would not he feasible for the county to
have the general leash law throughout the county and therefore make it
-• easier for the S.P . C.A. to accomplish its service. Mayor Conley asked
Alderman Saccucci ' s committee to coordinate with the county to get some-
thing in advance of the budget next year to allow a combined effort , at
least for the budget .
Mr. Brothers said the City of Ithaca, Village of Cayuga Heights and
Lansing have contracts with them but other villages in the county do
not have the leash law, therefore the service is limited.
The formula for payment and service was discussed.
Resolution
By Alderman Gutenberger : Seconded by Alderman Boothroyd
RESOLVED, That the Mayor and City Clerk be and they are hereby authorized
1 and directed to execute an agreement with the Tompkins County S.P.C.A.
for an amount not to exceed $22 , 094 .
�z Carried Unanimously
ADDITIONS TO THE AGENDA:
Budget S -dmi.nistratsO7 Committee
Alderman _utenTiger requested permission to add three items to the agenda:
1 . imira Road Resolution
2 . Al-orova? of Audit
3. Transfer of Funds - Planning and Building Departments
No Council member objected.
•
•
234 -2- February 2 , 1977
Mayor
Mayor Conley said he wished to discuss two items with the Council :
1 . Possible Health Insurance Savings
2 . Energy Shortage
No Council member objected.
SPECIAL ORDER OF BUSINESS :
Public Hearing on Local Law Amending the Cable Television Franchise
to Ceracche Television Corp .
Resolution to Open Public Hearing
By Alderman Boothroyd: Seconded by Alderman Slattery •
RESOLVED, That the Public Hearing on Local Law Amending the Cable
Television Franchise to Ceracche Television Corp . be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderman Boothroyd: Seconded by Alderman Bordoni
RESOLVED, That the Public Hearing on Local Law Amending the Cable
Television Franchise to Ceracche Television Corp , be closed.
Carried Unanimously
CH7:TER & ORDINANCES COMMITTEE:
,i Resolution
By Alderman Nichols : Seconded by Alderman Slattery
RESOLVED, That Local Law No . 1 of the year 1977- -A Local Law Amending
the Cable Television Franchise to Ceracche Televisio=i Corp . - -BE IT ENACTED
by the Common Council of the City of Ithaca as follows :
SECTION 1 . AMENDING THE CABLE TELEVISION FRANCHISE To CERACCHE TELEVISION
CORPORATION:
The Ceracche Television Corporation is hereby gr..nted an amendment to
its Cable Television Franchise in accordance with the terms and conditior-
as contained in the Agreement set forth. (Copy attac ed to Minute Book)
SECTION 2 . EXECUTION OF AGREEMENT
The Mayor of the City of Ithaca is hereby author zed to execute the
Television Cable Franchise Agreement on behalf of the City of Ithaca
and Ceracche Television Corporation is hereby require _ to execute said
Television Franchise Agreement or this Franchise shal be null and void.
SECTION 3 . EFFECTIVE DATE
This Local Law shall take effect immediately aft ..1* filing in the
Office of the Secretary of State.
C rried Unanimously
Alderman Gutenberger asked about the billing procedur for the Cable TV
service. He said he had received a telephone call t before coming
to the meeting from a resident who had been sent a p, t-due notice for
service, payment which is due on July 12 , 1977 . Ma , Conley advised
him that the person should either call the Cable Tel- ision Company or
write to the City Clerk who could forward it on to mittee .
BUDGET ADMINISTRATION -COMMITTEE:
v Sale of Hancock Street Extension Property •
By Alderman Gutenberger : Seconded by Alderman Boothe yd
RESOLVED, That the City Attorney is hereby directed r settle the litiga-
tion of Guentert vs . the City of Ithaca by conveying he property genera) •
described as unopened part of Hancock Street between eadow Street and
Cascadilla Street for a sum of $1 , 000.
Discussion followed on the floor.
A vote was taken on the resolution which resulted as :. allows ;
Ca)-hied ;;nanimously
COMMUNICATIONS FROM THE MAYOR:
V Maple Avenue Annexation
Mayor Conley commented that at a previous meeting the Council had asked
for additional information to justify the need for annexation of Elm-Maple
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02-J
-3- February 2 , 1977
Housing. As a result of a meeting with the Town of Ithaca, Mayor Conley
asked Richard McDougall of the Planning & Development. Department to
prepare material which was presented to the Council at the beginning of
tonight' s meeting with the request that they act on it at the meeting.
Alderman Bcothroyc said if the Council were going to be asked to discuss
it tonight, fine , ;gut he said he would exercise his prerogative not
having it voted or rcnight because it was not on the agenda. Alderman
Holman agreed wit' Alderman Boothroyd.
City Attorney Shag Oro informed the Council that if he were going to be
asked to take leg. " action against the Town of Ithaca it had to be done
this week or the -sue would be dead.
Discussion .folio e on the floor.
Mayor Conley aske= :hat the matter be brought up later in the meeting.
Apnointments
Mayor Conley info: ed the Council that he wished to appoint Patrick
Saggese , 201 Colin ia,*Street , to the Youth Bureau Advisory Council to
fill the vacancy c Bated by the resignation of Jason Whitman.
Cq
Resolution
By Alderman Nichol : Seconded by Alderman Holman
W RESOLVED, That th . Council approves the appointment of Patrick Saggese ,
201 Columbia Stec , to the Youth Bureau Advisory Council .
Discussion followe on the floor.
A vote was taken c the resolution which resulted as follows :
Carried Unanimously
Natural Gas Short
Mayor ConT67inf6i: d the Council of the measures that have been taken
in an effort to cc serve the use of natural gas in city facilities- -the
Youth Bureau has t. .2n moved into City Sall and the Tin Can closed , two
of the city fire e .3tions have been closed, meetings after 5 p .m. in City
Hall have been car, ell.ed , thermostats have been set down to 65 derees
during the day an6 ;0 degrees at night . in addition, tho employees in
City Hall have a,gr ,ed to take off I day, February 13 , as a personal day,
floating holiday, :r vacation day. From February 2 through the month
of March the emnlc :ecus have agreed to work. four days per week, Monday
through Thursday -Flom 7 : 45 a.m. to 5 : 00 p .m. with one-half hour taken for
lunch. This will anable City Hall to be closed down for three days per
week using a minimus:, of gas .
Alderman Dennis commended the C. S.E.A. employees for their contribution
and effort to help during the crisis .
Resolution
By Alderman Saccucc:i_ : Seconded by Alderman Bordorii
WHEREAS, the United States currently faces a severe shortage of natural
gas , and
WHEIEAS, ' th ; State of Nev. York and the City of Ithaca face a similar
shortage , and
ne WHEREAS, the Governor of New York has mandated restrictions on the use
of certain public facilities heated by natural gas , and
Lai WHEREAS, the I;over:.or has asked all citizens of the State to voluntarily
curtail the use of natural gas , and
WHEREAS , thousands citizens new find themselves without work, including
. many of our local citizens , due to the shortage of natural gas , and
WHERF.",S, it is necessary to conserve natural gas for home heating and
emergency facilities such as hospitals;
NOW, xEit;t<IFOrsJ', :li:. i RESULVtif, iRa. this L.orn:iion Council recognizes me
•
4
-4- February 2, 1977
critical nature of this emergency and does hereby grant to the Mayor
the authority to take whatever wCd6u1GS may Df' necessary to conserve
the use of ,natural gas in city facilities where sueh conservation will
not interfere with the public health and safety, including, tut =.iaot
limited to , the closing of City Hall one working day a week and the
extension of working hours for the remaining four days;
BE IT FURTHER RESOLVED, That the Mayor request the Tompkins County
Chamber of Commerce to encourage the cooperation of all businesses in
Tompkins County to conserve energy during this crisis .
Carried Unanimously
Health Insurance
Mayor Conley informed the Council that during the negotiations period,
some of the employee units initiated action and awed some insurance
companies to submit bids on our insurance plan . Only one company has
presented a bid to date. The proposal is substantially less than what
the city now pays and the company will guarantee t ey would accept this
at a price for a year . The city is still waiting ze see if other
companies will bid. The city must give the present insurance company
60 days ' notice to cancel the present policy and ': s would give adequate
time to come back to the Council with a specific plena rl.
Resolution
By Alderman Saccucci : Seconded by Alderman Bordon_
WHEREAS, there is a great deal of concern about the rising costs of health
insurance , and
WHEREAS , the City of Ithaca' s health insurance cone act costs have
escalated 20-25% per annum for the past two years e thout change of
benefits , and
WHEREAS, the sta`g, personnel and union representa ` , 7'S feel there is
a need for evaluating our present contract costs 2': benefits to ' see
a better program can be provided at a lesser cost;
NOW, THEREFORE, BE IT RESOLVED, That the Mayor be ; Zorized to workL
the staff, personnel and union representatives to iestigat.:e other health
.. insurance programs for better benefits and costs .
Discussion followed on the floor .
Resolution
By' Al german Gutenberger : Seconded by Alderman Den::
RESOLVED, the investigation of a new health i.nsura: carrier be referred
to the Budget & Administration Committee .
_ hied Unanimously
/ Light on Cascadilla Street
Mayor C-onl.cy reportt j to the Council that as a re .. of conversations
in Albany between Deputy Comr. Hennessey, Aldermanrttery and himself,
the Dep . Cemr. came to Ithaca and discussed the ma , of a light on
Cascadilla Street with Mayor Conley, Alderman i'.1eye e ta'f. Since then
• Raymond T. Schuler, ComY . of NYSDo1 has written to or Conley informing
him than the light will be installed.
•
"Honorable Edward J. Conley, Mayor
City of Ithaca ti
Ithaca, New York 14350
Dear Mayor Conley :
•
Mr. Galloway has reported to me the comments and ,~.c ^.s expressed by
you and your staff during his recent meeting with y :.. retarding the
intersection of Meadow Street , Rcutc 13 and 34 , with a: cadill:a Street .
I am pleased to advise you that we will install the c ,f+-1c al as
requested by you. Our Regional signal crew will u .. .t _ee the
installation as soon as weather permits and probably . ll complete it
in late spring.
Sincerely,
RAYMOND T. SCHULER
Commissioner"
237
-5- February 2 , 1977
•
CITY ATTORNEY' S REPORT:
City Atty. Shapiro reported that another Article 78 proceeding has
been started against the city regarding the Police Grievance Procedure
by Mrs . Betty Mul which he will answer.
Police Grievance -ocedure
Resolution
By Alderman De-nrt Seconded by Alderman Boothroyd
Due to the fact ( ,. the Police Contract has changed in the area of
grievances , RES3I That the matter be referred to the Human Services
and Charter $ Orc ±nces Committees for review.
Carried Unanimously
- i
CONTROLLER' S REPC
Legal Debt Limit
Controller Daley rented a statement of legal debt limit for the informa-
tion of the Counc 's follows :
LEGAL DEBT LIMIT
1 . Debt Limit $11 , 036 ,438
in Indebtedness ; ect to Debt Limit as of 12/31/76 7 ,743 ,000
Debt Contra ng Power Available $ 3, 293,438
Percent of De Contracting Power Exhausted - 70 . 16%
O Percent of De Contracting Power Available - 29 . 84%
< 2. Debt Limit $11 ,036 ,438
Indebtedness of 12/31/76 $7 , 743, 000 -
UMTA 507 , 870 8 , 250 ,870
Debt Contra mg Power Available $ 2 , 785 , 568
Percent of De Contracting Power Exhausted - 74 . 76%
Percent of De Contracting Power Available - 25 .24%
3. Debt Limit $11 , 036 ,438
Indebtedness , of 12/31/76 $7 , 743 , 000
UMTA 507 ,870
Elmira Road I; ovements 1 , 371 , 500 • 9 ,622 , 370
i Debt Contra.( -(g Power Available $ 1 ,414 , 068
`-' Percent of Del Contracting Power Exhausted - 87 . 19%
Percent of Del Contracting Power Available - 12 . 81%
4 . Debt Limit $11 ,036 ,438
Indebtedness E of 12/31/76 $7 , 743 , 000
UMTA 507 , 870
Elmira Road In oovements 1 , 565 , 500 9 ,816 , 370
Debt Contrac s.ng Power Available $ 1 , 220 068
Percent of Deb Contracting Power Exhausted - 88 . 95%
Percent of Deb . Contracting Power Available - 11 . 05%
PLANNING E DEVELOP ENT COMMITTEE :
Family Medicine Pr ,gram r
Richard McDougall Planning & Development Department staff, in-
formed the Council of the current status of the design for the downtown
medical facility- - hat the architect proceeded with the first phase and
is waiting for Sta e approval of the preliminary design . He said they
plan to have a fulpresentation of the final design in March 1977 .
Architect David Tate.c of O'Brien E Taube presented a schematic design of
the Family Medicine: Downtown Facility.
3UDGET F ADMINISTR;. ,ION COMMITTEE
Advance of Funds T: r Health Facility
`.2ichard McDougall e--plained that the $100, 000 requested in the application
for Appalachian £ur_cks would not be available before August or September
1977. There is no suarantee that the grant will be approved. At the
State level there 1. c,s been indication that if and when the grant is approved,
the City will be reirrbursed if it advances the $100 , 000 from General Fund.
It is predicted thL :: April 15 , 1977 will be the approval date .
Resolution
By Alderman Guten'r.,e:rner : cernnaPd byltle,-,,..I.. N4 -hc s
RESOLVED, That Common Council authorizes the Finance Department to
advance $100 , 000 to the Health Facility capital project .
_r.
;;t
-�- February 2 , 1977
238
Discussion followed on the floor.
Resolution
By Alderman Holman: Seconded by Alderman Boronkay
RESOLVED, That the resolution be tabled until such time as a waiver or
approval is received by the city.
A vote on the resolution resulted as follows :
Ayes - (9)
Nays - (1) Alderman Slattery
Carried
PLANNING & DEVELOPMENT COMMITTEE :
Drop-in Center
By Alderman Meyer: Seconded by Alderman Bordoni
WHEREAS, the Drop-in Center has for several years provided a valuable
service to downtown Ithaca, operating from its present location in the
YMCA, from which it is necessary for that program to now move, and
WHEREAS, the best alternative location for the program is the Pre-K
room in the GIAC building , and
WHEREAS, between $2 , 620 and $3, 000 has been budgeted as revenue in the
Youth Bureau budget as rent from the Pre-K room, which the Drop-in
Center is at present not able to pay, and
WHEREAS, making the Pre-K room available to the Drop- .n Center at no
cost may cause a shortfall in the GIAC budget, and
WHEREAS, the Ithaca Community Development Agency has -ecommended that
Council consider making space available to the Drop Center, and
WHEREAS, the Drop-in Center has agreed to search for ether funds ;
THEREFORE BE IT RESOLVED, That Council gives support u the Drop-in
Center by making available to it at no rent the Pre--', room in the GIAC a ,if
possible , that Council earmark no more than $3 , 000 in the c ntingency fund' `...
which could be added to the GIAC budget should lack c income from the
Pre-K room cause a shortfall in the GIAC budget in 1' 7 .
Discussion followed on the floor.
Resolution
By Alderman Boothroyd: Seconded by Alderman Boronkay
RESOLVED, That the Resolution on the Drop- In Center referred to the
Budget E1 Administration Committee .
A vote on the resolution resulted as follows :
Ayes - (8)
Nays - (2) - Dennis , Holman
C -ied
PLANNING & DEVELOPMENT/BUDGET & ADMINISTRATION COMM 3ES
v Elmira Road
By Alderman Meyer : Seconded by Alderman Slattery
WHEREAS, the Board of Public Works has requested adc+ -oral funds for
the Elmira Road Improvements , and
- WHEREAS, the Common Council met with the Board of P,,.:. c Works and the
Planning Board on January 31 , 1977 and reviewed the posed; improvement ,
plan and estimated costs , and
WHEREAS , the Common Council believes this improvement s necessary
the overall growth and development of our community ;
NOW, THEREFORE, BE IT RESOLVED, That
1 . the Common Council approves the total concept of the Elmira
road Improvements as presented,
'asvwWw'iw+r'lYwia '�"' i ntaTi4n31rti,ti:r'.i'dY&, naPda'ea'wat. :._ .::actµ: ..
•
-7- February 2 , 1977 2 3 9
2 . the Common Council approves an initial amount of $1 ; 371 , 500
for said. project and directs the City Controller to request
Bond Cc:nnsel to prepare the necessary funding documents , •
3. the ap eval of $194 , 000 for utility line relocation be
deferrt: until the apparent technical and legal problems
have b( ea resolved ,
4 . the Co. Council instructs the Controller to prepare Bond
Docume. - in the amount of $1 , 565 , 500 .
Discussion foil: ,d on the floor.
A vote was take: 1 the resolution which resulted as follows :
- (9)
- (1) - Gutenberger
Carried
In Route 96
HI Director of Pla.. :;g y Development Van Cort reported on Route 96 saying
< that staff is w, ing with NYSDoT in trying to develop a city position
as to which alt ative or variation of is best for the city in terms of
Q circulation and .nimal impact on affected residents in the West end of
Q the city. •
Council recesse- t 9 : 55 p.m.
Council reconve: into regular session at 10 : 10 p .m.
CHARTER & ORDIN. COMMITTEE :
Introduction o:f _,al Law Authorizing Pedestrian Malls and Assessments -
By Alderman Nie. Seconded by Alderman Boothroyd •
BE IT RESOLVED, >,.t proposed Local Law No . 2 of 1977 amending Section
• 5 . 47 of the Itlz, City Charter in relation to the authorization of
pedestrian mall' j-_d the assessment therefor be and is hereby introduced
`' before the Comim Council of the City of Ithaca, New York, and
BE IT FURTHER R: :LVED, That copy of the aforesaid proposed local law
he
be laid upon t 'esk of each member of the Common Council by the City
Clerk.
Carried Unanimously
Amendment to Se( . ion 16 . 46 of the City of Ithaca Municipal Code for the
• Purpose of Imprc alE Law Enforcement by Regulating Secondhand Dealers
By Alderman Nic :�-ls : Seconded by Alderman Bordoni
Ordinance No . 77-1
AN ORDINANCE :ill '`i)ING CHAPTER 16 ENTITLED "LICENSING OF BUSINESSES AND
OCCUPATION; OF "--E CITY OF ITHACA MUNICIPAL CODE
. BE IT ORDAINED Y -D ENACTED by the Common Council of the City of Ithaca,
New York, as fob stns :
Section 1 . :'hat Chapter 16 entitled "Licensing of Businesses and
Occupations of City of Ithaca Municipal Code is amended as follows :
1 . That Si. ;di_vision "A" of Section 16 . 46 entitled "Secondhand
dealers" is here :.,, amended to read as follows :
A. Secondl nd dealers .
•
Every lc:<son engaged in the business of dealing in , purchasing
or sel- . ig secondhand articles shall keep a book in which shall
be fai.il;y• written at the time of purchasing such articles , an
account and description of the articles so purchased, the name ,
address and age of the seller, the identification shown by the
seller , and. the price paid. for the article or articles , the
date of the sale and the signature of the seller acknowledging
said sle . The said books shall be kept clean and legible with
no entry therein erased, obliterated , or defaced , and such
books shall at all reasonable times he open to the inspection
of the Thief of Police or Detective Sergent of the City, or
either ():C them, or of any peiSon who shail. be duly uuLhuilied
in writing for that purpose by either of them and who shall.
240 -8- February 2 , 1977
exhibit such written authority to such secondhand dealers .
Such cecc.. ha:;u .:ealei , require the aoove referenced
information to be entered in said book before purchasing such
secondhand articles .
Section 2 . This ordinance shall take effect immediately and in
accordance with 'law upon publication of a notice as provided in
Section 3. 11 (B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote was taken on the resolution which resulted as follows :
Carried Unanimously
Resolution Referring Reciprocal Exemption From Taxation of Property Owned
By Other Municipalities and/or Taxing Authorities to the Intergovernmental
Relations Committee
By Alderman Nichols : Seconded by Alderman Slattery
WHEREAS, the Town of Ithaca has requested exemption of its property on
Seneca Street from City taxes , and
WHEREAS, similar exemption will be asked of the Ithaca City School District
and Tompkins County, and
WHEREAS, such exemptions may require enabling legislation from the New
York State Assembly, •
NOW, THEREFORE, BE IT RESOLVED, That the Intergovernmental Relations
Committee of the Common Council is requested to meet with the representa-
tives of the other taxing agencies involved to establish a process for
reciprocal exemption of property belonging to the other municipalities
within the boundaries of any of the said tax-levying agencies .
Discussion followed on the floor.
A vote was taken on the resolution which resulted as 2ollows : _ •
Ca Tied Unanimously
/ Updating of the City ' s Traffic Ordinances
Alderman Nichols reported on the updating of the trac 'ic ordinances
which the City -Traffic Engineer is now working on and which will have to
be given to the Committee in installments .
Alderman Nichols further reported that the Committee °. ill start in, the
coming week' s meeting to work on the Administrative C: de and on the
Maple Avenue Annexation.
Mayor Conley asked Mr. David Abbott , Manager of the T-" Maple Houses ,
Inc . to briefly describe his justification for reoue=; i.ng annexation
by the City. Mr . Abbott spoke briefly saying that 7 oars ago this
month the Common Council , with UDC, and with himself s developer,
approved the building of a $9 ,475 , 000 housing project in the City of
Tthaca . . . . There was never any indication that it wo-u.L remain in the
Town of Ithaca. As of today, the Division of Houcir, f New York State
and the attorneys for HUD in Washington, as well as National Housing
partnerships in Washington, have all combined to tah,. this matter into
court , provided the City of Ithaca authorizes the Cit. Attorney to
commence the proceedings . Mr . Abbott said he has not :ed over the years ,
when something is done in the public interest in the ,.use of humanity,
once a thing is put into process everyone seems to di. rppear. The only I
ones who come in contact with it are the police , fire thief, building
inspectors and other governmental agencies set up .
Mayor Conley reported that the Town of Ithaca had aske i for justification -
why the project needs this exemption. He said the Ct. r of Ithaca did in
fact make an early commitment and he believes it was intention that
this was to be somehow brought into the city. He repotted he and Council
had met with the Town of Ithaca and the City offered a compromise- -that
of providing water and sewer service to the project- --but the atmosphere f
negotiating was not there and the Town refused to negotiate . Therefore ;
the Mayor said he believes it is a reasonable course to let the courts
decide on the merits of the case- -whether or not it should be annexed.
-9- February 2 , 1977 241
Mayor Conley said there were two issues before them- -whether or not
they would be able to consider the item which was not on the agenda ,
and a vote of yes or no as to whether to authorize the City Attorney
to commence proceedings against the Town of Ithaca . Richard McDougall
of the Planning Department reviewed the Maple Avenue Annexation data.
Mayor Conley aske , that the Maple Avenue Annexation be added to the
agenda .
Aldermen Boothro) and Holman objected to it being added to the agenda .
The Council rece:7 1 at 10 : 54 p .m.
The Council recon 'ned into regular session at 11 : 02 p .m.
Aldermen Boothroy ._nd Holman withdrew their objections to adding the
annexation to the genda .
Resolution
By Alderman Slatt Seconded by Alderman Saccucci
RESOLVED, That th Council approves the annexation petition and authorizes
In the City Attorne;T e commence action on the annexation against the Town
in of Ithaca.
0 Discussion follow on the floor .
'Cr
'Cr A vote on the res .cation resulted as follows :
Ayes (5) - N :;sols , Dennis , Bordoni , Slattery, Saccucci
Nays (5) - M =er , Gutenberger, Boothroyd, Holman, Boronkay
Mayor Conley -oted Aye to break the vote .
Carried
Aldermen Boothroyi and Holman requested that it be entered in the record
that in the future they will not act on any item which is not on the
agenda.
Mayor Conley inst icted City Clerk Rundle , in the future , to contact
every councilman, lepartment head and himself in getting the items for
the agenda .
BUDGET ADMINIS i'I ATION COMMITTEE :
Chamber of Commerce Request for Additional Funds
By Alderman Gutenberger : Seconded by Alderman Slattery
RESOLVED, That this Common Council reaffirms its resolution adopted
January 5 , 1977 , limiting the City ' s participation with the Tompkins
County Chamber of Commerce for Promotional Services to $6 , 000 .
Carried Unanimously
Transfer of Funds - Youth Bureau
By Alderman ger : Secondded by Alderman Dennis
RESOLVED, That the following transfer of funds for the Youth Bureau be
approved :
$ 47 . 00 from A731 - 312 Equip . Parts Supp . to A7310- 220 Office Equip .
29 . 00 from A731OA--312 Equip . Parts f Supp . to A731OA- 220 Office Equip .
180 . 00 from A7310A-312 Equip . Parts & Supp . to A7310A- 250 Other Equip .
Carried Unanimously
Human Services Coalition Agreement
By Alderman Gutenberger : Second- a by Alderman Saccucci
RESOLVED, That the Mayor and City Clerk be and they are hereby authorized
�..i and directed to execute an agreement with the Human Services Coalition
of Tompkins County , Inc . for an amount not to exceed $5 , 106 .
Discussion followed on the floor.
A vote was taken on the resolution which resulted as follows :
Carried Unanimously
242
42 -10- February 2 , 1977
Finger Lakes Association Inc . Agreement
By ALderman Gutenberger . Seco wed by Alderman Dennis
RESOLVED, That the Mayor and City Clerk be and they are hereby authorized
and directed to execute an agreement with the Finger Lakes Association,
Inc. for an amount not to exceed $918 .
Carried Unanimously
Nation' s Cities Magazine
Alderman Gutenberger reported that Nation' s Cities Magazine has been
ordered for the Mayor and the Common Council .
Standardization of Traffic Signal and Controller. Equipment
By Alderman Gutenberger : Seconded by Alderman Boronkay
RESOLVED, That this Common Council adopts Crouse-Hinds as the standard �.
traffic signal and controller equipment to be purchased and used by the .
City of Ithaca in the year 1977 , except on the existing arterial system
on Meadow Street and authorizes the Board of Public Works to advertise
for bids and to purchase traffic signal and controller equipment of this
manufacturer in such quantities as the funds provided in the 1977 budget
will permit .
Carried Unanimously
Public Hearing Date for Federal Revenue Sharing
By Alderman Gutenberger : Seconded by Alderman Slattery
WHEREAS, effective January 1 , 1977 , the new Revenue Sharing Act requires
two public hearings on the use of revenue sharing funds in the City
Budget , and
WHEREAS, one hearing must be held on the proposed uses of revenue
sharing for the fiscal year by the Chief Executive , and
WHEREAS, the second hearing must be held by the Legislative branch on
the entire budget to highlight the relationship of reeenue sharing funds
to the full budget proposed, and
WHEREAS, all hearings must be completed at least seven days before
budget adoption;
NOW, THEREFORE , BE IT RESOLVED, That the Mayor be ree. ested to hold a public
hearing on the use of revenue sharing during the mon: of March , and
BE IT FURTHER RESOLVED That this Common Council dire t the City Controller
to advertise for a public hearing for the entire buds t April 6 , 1977 at
Unit Price Change-Municipal Consultants Ca ried Unanimously
• By Alderman Gutenberger : Seconded by Alderman Dennis
RESOLVED, That the agreement with Municipal Consultar s and Publishers,
Inc . be amended to 'reflect an increase from $14 . 50 pe page reproduction
costs to $15 . 50 as per agreement of March 14 , 1973 .
Ca ried Unanimously
Donald Spanier Assoc. Inc . Proposal
By Alderman Gutenberger : Seconded by Alderman Saccus:
RESOLVED, That a proposal received from Donald Spanie Assoc . , Inc .
concerning productivity improvements and cost reducei a services in
municipal public works operations be referred to the )ard of Public
Works .
Ca :ied Unanimously
Overtime Parking Charges and Fines •
Alderman Gutenberger requested clarification of the r, erral of overtime-
parking charges and fines to Budget and Administrati_e Committee . Mayor
Conley replied that he would like the committee to me with the City L...,
Judge , City Prosecutor and interested Councilmen in. effort to revise
existing rules of charging for overtime parking .
Audit
Ly Alderman Gutenberger : Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the T udget & Administra-
tion Committee in the total amount of $52 , 990 . 35 as listed on Audit
Abstract #1/1977 be approved for payment .
-11- February 2 , 1977
243
Discussion followed on the floor.
A vote was taken on the resolution which resulted as follows :
Carried Unanimously
•
Transfer of Fund: - Remodeling of Planning Development and Bu.ildin
Departments
By Alderman Gutel verger : Seconded by Alderman Bordoni
RESOLVED. That 500 be transferred from A1990 Contingent Account to
.A1620A- 407 Build. - City Hall Contractual Services .
Carried Unanimously
i
Alderman Gutenbe er announced that the next public meeting for the
Apartment Ordinal will be held on the 17th of February at 7 : 30 p .m. ,
place to be dete: _ned.
It was also anno: ;ed that there would be a joint GIAC/Youth Bureau
Board meeting oh .:L nary 17 .
ENVIRONMENTAL COI iSSION
Alderman Holman :;.Danced that the Environmental Commission has re-.
UD organized and wi: establish priorities for 1977 .
L
CD BICENTENNIAL COMi SSION:
Q Alderman Nichols :ported the city has received a banner saying,
"America' s Votin: st , " which Supt . Dingman has been flying on various
Q flagpoles .
Alderman Nichols sked for some feeling from the Council with respect
to the city part: _pating in the State Bicentennial .
UNFINISHED AND M CELLANEOUS BUSINESS :
Corson Parking L
City Atty. Shap.. i reported he has contacted UDC who knows nothing
about the Corson .ct, but that he will continue to look into the matter.
•
Ithaca Softball : .:;sociation
Alderman Bordoni -eported having met with softball representatives and
some restaurant ( :-:hers who sponsor softball teams who are willing to
donate the labor d. talent to erect lights if the city will furnish
them. He will b: -ng this item back to Council at a later date when he
has more informa ion. Mayor Conley suggested bringing a proposal to
the Council for eir action.
- ADJOURNMENT:
On a motion the Looting adjourned at 11 : 35 p.m.
e
J1ps=i A. Rumlie , City Clerk I .ward J. Conl y Alayor
4 ,
245
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7: 30 P.M. March 2 , 1977
PRESENT:
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni , ,Boronkay, Dennis , Gutenberger,
Holman, Meyer, Nichols , Saccucci , Slattery
OTHERS PRESENT:
Controller - Daley
City Attorney - Shapiro
Supt. of Public Works - Dingman
Planning $ Development Board Rep. - Stein
Building Commissioner - Hoard
Director, Planning $ Development - Van Cort
Chief of Police - Herson
City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
Mayor Conley led all present in the Pledge of Allegiance to the American
10 flag.
O
Q APPROVAL OF MINUTES:
Q By Alderman Nichols : Seconded by Alderman Slattery
Q RESOLVED, That the minutes of the January 31 , and February 2 , 1977 meetings
be approved as recorded by the City Clerk.
Carried Unanimously
ADDITIONS TO THE AGENDA:
Planning & Development Committee
Alderman Meyer requested permission to add an item concerning Auburn Park
project : clarification of the budget, reapplication for funds .
No Council member objected.
Budget & Administration Committee
Alderman Gutenberger requested permission to delete Item B, Commons
Benefit Assessment resolution, until further information is acquired.
No Council member objected.
Mayor' s Communications :
Mayor Conley requested permission to withhold items D, E and F until
further information is received from the N.Y. Conference of Mayors .
No Council member objected.
COMMUNICATIONS:
Letter from Betty Muka
Clerk Rundle called attention to a letter from Betty Muka, copies of
which were distributed to each alderman.
Letter from Howard Dillingham
Clerk Rundle read the following:
February 28, 1977
Honorable Edward J. Conley
, 108 East Green Street
Ithaca, New York 14850
Dear Mayor Conley:
As Honorary Chairman of the Tompkins County Fall Festival , I hereby
request financial support from the City in the amount of $1 , 000.
This exciting program to be held this fall will involve thousand of
11U'S1 ci anq , d
artists actorcdancers an i,s` p1 "11 ! .1'l... Ma
pation is
anticipated from students of Cornell , Ithaca College , andall
the public schools. A special effort will be made to include disadvantaged
groups such as mentally retarded and physically handicapped.
246 -2- March 2 , 1977
A focal point of the Festival will be the downtown Commons ; a project
you initiated and continue to support in an outstanding way.
The groups we have approached thus far have been most generous with
offers of talent and money. I sincerely hope that we can count on
you for support.
Our Festival Chairperson, Mrs . Sorrel Fisher, 203 The Parkway, Ithaca,
New York, 273-8122 , will be happy to supply additional information or
answer any questions .
Thank you.
Very truly yours ,
Howard Dillingham
HD: ap
Mayor Conley informed the Council he would be attending a meeting on
Friday morning of the Festival Committee and would like to convey to
them some expression of interest from the Council.
Resolution
By Alderman Nichols : Seconded by Alderman Slattery
RESOLVED, the Common Council expresses its interest in the Tompkins
County Fall Festival and refers to the Budget $ Administration Com-
mittee any request for money.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
New York Conference of Mayors
Clerk Rundle read a letter from the New York Conference of Mayors,
addressed to Municipal Officials , as follows :
February 7, 1977
Dear Municipal Official:
Renewal time for municipal insurance policies is becoming one long night-
mare for local officials . 100% , 200% , and 300% rate increases for
various types of liability coverage are becoming commonplace.
The New York Conference of Mayors and the other State municipal associ-
ations in cooperation with the Division of Community Affairs actively
are working in Albany to help control these rate increases.
There are measures that can be taken locally to control these costs.
That is the reason that all the associations have joined forces to
present four regional workshops that we feel will greatly assist local
officials in controlling insurance costs.
These two-day workshops , called Risk Management Seminars , are conducted
by a nationally respected consulting firm specializing in Risk Manage-
ment. The seminars are regionally localed for your convenience. A brief
synopsis of the two-day program is on the reverse side of this page. A
registration form with an additional explanation of the purpose of these
programs is included.
•
Sincerely,
NEW YORK CONFERENCE OF MAYORS
AND OTHER MUNICIPAL OFFICIALS
Encl.
• Mayor Conley asked that any members of Council who could attend the
workshop at Hilton Inn, Syracuse , New York, on March 31-April 1, 1977
sign up as soon as possible because there is a limitation on participant}
-3- March 2 , 1977 247
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: •
Mrs . Betty Muka, 113 Kay Street , addressed the Council in reference to a
letter dated March 1 , 1977, which she had written and had hand-delivered
to District Attorney Joch, Ithaca City Court Judge Clynes , Acting Ithaca
City Court Judge Barrett , Chief of Police Herson, County Attorney
Williamson, Board of Representatives and Common Council re : Criminal
Prosecution of Ithaca Teachers Association President John Caren (copy in
Clerk' s Office) . Mrs . Muka asked the Council to pass a resolution to
investigate the reasons why City Court has violated the Criminal Pro-
1 cedures Law and the Constitution and to consider whether there ought to
• be replacements on the City Court ; or at least to say Common Council
supports following the Criminal Procedures Law and affording due process
of law in this community.
The second item Mrs . Muka addressed herself to was the proposed Environ-
mental Impact Study. She said, "we elect our Board of Education members ,
we depend on them to operate the schools we need and to close the schools
we don' t need. I think your recommendations to cause a lot of studies
and put the decision in the hands of people who are on committee who have
innever been elected by anybody, don' t have any responsibility for their
in decisions , is incorrect. I hope you don' t pursue this course of conduct.
We depend on the Board of Education to conserve our resources to run our
0 schools."
a
Q Mayor Conley commented that the issue we are dealing with is what is in
Q the best interests of the City.
School Reorganization
Mr. Reeve Parker, 123 N. Quarry Street, spoke to the Council saying he
had bought his house in the summer of 1975 because of its proximity to
the East Hill School. He felt it would be an investment in the East
Hill School for nine years . He said he is very dismayed at the prospect
of the Board of Education wishing to close the school as it is clear it
, is their intent of doing. He likes the neighborhood for other reasons
also. He said if there had been a commitment from the Board of Education
bin the last four years to keep that school , not only would there not be
erosion in the neighborhood, but that neighborhood would attract families
with children. He said he would urge the Council to do everything it
can to persuade the School Board not to close the school.
Proposed Route 96
Ms . Ellen Harrison, Brooktondale , N. Y. representative of the League of
Women Voters , said the League stand for involvement of informed citizens
in decision making. They feel very strongly that participatory democracy
has been violated in the planning of Rte. 96 to-date , and they feel en-
couraged by the recent public response and interest in this proposal.
The Department of Transportation said that it is too late to become in-
volved because the plan is already finalized; but citizenry does not
become responsive until there is a specific proposal before them, so she
urged the Council to realize it is not too late and she expressed the
hope that Council would voice their plans to look at all options and not
just the corridor the DoT has defined.
Mayor Conley assured Ms . Harrison that the City will ultimately accept or
reject the plan, the City is going through a process of developing a plan
• that it feels is in the best interests of the City. There will be a series
of meetings with the Council , Planning , Development Board and staff to
determine whether alternatives we could feel comfortable with can be
developed, taking a look first to see if we could exist within the present
corridor and can work out a plan acceptable to the City. He said he does
`. not think it is too late ; so far no one plan has been accepted, and he
told her he will give additional information to her.
School Reorganization
Mr. William Wilcox,. Jr. , Recording Secretary of the East Hill Civic Associ -
ation, 705 East Buffalo Street , addressed the Council saying that the
members of the East Hill Civic Association are vitally concerned about the
fate of East Hill School. He said the Association presented the Ithaca
City School Board of Ffnntin» du-ring 1-h- r—vvrga i4w VimV3 3,
U11iGj , Q
petition containing over 400 signatures of East Hill residents attesting
to the importance of maintaining a school program in the East Hill building ,
248 -4- March 2 , 1977
and a statement from the East Hill Civic Association (now known as
East Hill Association) which was adopted unanimously on January 6 (Mr.
Wilcox read the statement to Council) which favored keeping East Hill
School open.
Mr. Stuart Stein, 1018 East State Street, addressed the Council as a
member of the Planning Board who originated the request that was before
the Council. He summarized the Board' s viewpoint and said he would
answer questions as to why the Planning Board has recommended this. •
Essentially the members of the Planning Board who passed the resolution _
unanimously, passed it , in his judgment , because they were dealing with
city development and planning issues and not addressing themselves to
program issues . In the consideration before theSchool Board of reorgani
zation, the Planning Board foresaw the development of a possible suggest.....n
which would close neighborhood schools that would have an impact solely
on the City of Ithaca with no further impact on any other municipality
within the school district. As we now have heard several points of view,
we do now have information that is absolute - the possibility is to close
down schools in the City of Ithaca and not anywhere else. We have a
decision that is not evenhanded, at least in terms of impact on munici-
palities - simply directed at one municipality. The impact, as the
Planning Board sees it , is a very negative one because it will further
the flight of young families in those neighborhoods which are impacted,
which will result in other conditions of more rapid transition of those
neighborhoods , which we see as a detrimental effect on those neighborhoods
and the City as a whole. We see this as a broad city problem- -East Hill,
Central and other neighborhoods . We feel it is important for this Common
Council to act , if and as the Planning Board do recognize it as an issue--
that it is as important to the health and the future over the long-range
of this city as our concern with the Commons and industrial development
of the City. The Board feels so strongly it has taken the action to
request the study.
PLANNING $ DEVELOPMENT COMMITTEE:
School Reorganization
Chairman Meyer asked to read an amended version of the proposed resoluti
which was seconded by Alderman Nichols:
WHEREAS, the Ithaca City School District is undergoing a reorganization
process which is primarily focused on closings and consolidating schools
in the district, and
WHEREAS, data and analysis to support the closing of schools has been
inadequate and inconsistent and very little investigation of the major
questions that have been raised by the public has been undertaken to
this point, and
WHEREAS, the major environmental questions of the effects of the proposed
school closings have not been addressed, and
WHEREAS, the effects of closing elementary schools are more than educa-
tional and psychological but also social , economic and physical;
THEREFORE, BE IT RESOLVED, That the Common Council of the City of Ithaca
requests that the Ithaca City School Board undertake an environmental
impact study of any proposed elementary school closings or consolidations
before proceeding further in this reorganization process , and
BE IT FURTHER RESOLVED, That this Common Council directs the City Attornm
to investigate the legal concerns in the Board of Education' s decisions
regarding school closings.
Alderman Saccucci recommended that the Common Council authorize Mayor
Conley to try to negotiate with the School District in order not to disrupt
the City' s relations with the School District. He said he was sure this
issue can be resolved.
Mayor Conley commented that members of the Common Council and Planning
Board sat with the School Board and discussed the City' s concern up front
before the School Board went through their processes. Also, members of
the Common Council, Planning Board and Task Force sat with Catherine
-5- March 2 , 1977 219
Eisenberger and expressed very specifically what the City concerns were.
The School Board have made two public statements--.one that "we are not
into preserving neighborhoods . " Mayor Conley thought perhaps it was
. their consultant who said this. We (the City) have made that attempt.'
However, Alderman Meyer suggested to Mayor Conley, and he agreed to ask
Common Council for a meeting of the School Board and Mr. Backer and his
consultant, if they so choose to include her; to get a notice out to all
members of the Common Council and see if they can sit down and discuss
the matter before the School Board takes final action. Mayor Conley said
it is probably important that the City take that step , but he still feels
that the City has to indicate a very strong position.
Alderman Boothroyd commented he didn' t have a great deal of difficulty
with the School Board conducting an environmental study; however, he said
we are requesting them to study something which doesn' t become law until
June 1 , 1977. Secondly, as stated, if the School Board refuses to listen
to our arguments now, he doesn' t know why they would bother to listen to
the results of an environmental impact study. Thirdly, he would leave
that to Atty. Shapiro , but he would question the success of any suit
inagainst the School District on an issue such as this , or he thought it
would be a further waste of taxpayers ' money to spend money on a lawsuit
in so he is not going to support it.
Q Alderman Nichols said she thought the City would be extremely derelect
Q in its duty and truly wasting the taxpayers ' money if it let this thing
Q go down the drain. Closing schools is the fastest way to let the city
go down. She feels her constituents would expect nothing less from her
than absolute defense of the City' s position. When the City discusses
this matter with the School Board she will be with them. She said the
School Board turned a deaf ear, and it seems to her the City has to have
it on paper, loud and clear, that the City has said its position is that
no school should be closed.
Alderman Boronkay asked what is meant by environmental impact and what
happens to the study.
Director of Planning & Development Van Cort replied that it questions much
more than the flora and fauna- -population distribution, preservation of
neighborhoods , particulars of population, preservation of housing stock,
economic stability. It is a study which analyzes the effect of the
decision of this governmental body (School Board) on those things just
mentioned. He said there would be an assessment of what the impact would
be - of what the physical results of such a decision would. be . The
evidence should be examined before the decision is made.
•
Mayor Conley commented that the community has a right to know the results
of such a study.
City Attorney Shapiro said that hopefully the study will show what the &,
Planning Board and Planning Department and other staff members of the
City believe it will show. It will be persuasive evidence to the School
Board that perhaps they should reconsider the direction in which they
seem to be going at this point , and perhaps not close the schools . Barring
that , if the --School Board, after seeing the impact , so chooses to proceed
in this direction , then at least there has been a study made which does
present those facts and could perhaps be the basis of some further action
which he preferred not to comment on at this point , as it would be unwise .
Without an environmental impact study right now that whole area of concern
has essentially been ignored. He said that while saving X numbers of
j dollars this year and next to the School District by closing the schools ,
�., the long-range effects on the neighborhoods of the city-at- large may in fact
in the overall interests come out to be quite a bit more negative than the
few dollars saved by doing that .
Alderman Boronkay asked what the cost of such a study would. be.
Mayor Conley said he has offered the full resources of our City Planning
Department to the School Board for any information they might ask of us
or anything we could put together for them in being of serve re and co far
the School Board has asked nothing of us . He said the City would cooperate
in any possible way in any study the School Board would want to have done .
r•,
250 -6- March 2 , 1977
Alderman Boronkay asked why the City cannot do the study and give the
School Board the facts instead of continuing talking ahniit it -
Mayor Conley said the School Board should want , almost demand, the type
of information such a study would show before making a decision.
Alderman Meyer said the monetary decision which the Board of Education
wishes to make is producing another potentially monetary environmental
effect on the area which has its school closed. ive are asking them to
make that investigation and we think in view of the whole conflict ,
this is an appropriate action to take .
Alderman Nichols commented that in a democracy the elected officials •
are expected to be responsive to the needs of their constituents . It
very clear that when a large part of one ' s constituency is opposed to the
action which is about to be taken , you should stand back and look at it:
They did take a survey last year and the results of that survey were that
those who. responded were not in favor of closing the schools ; they were
not in favor of shutting down any programs ; they were not in favor of
losing any teachers ; the only thing they wanted to do was to cut the cost
of central administration. That result was completely ignored, and blithely
and easily they go ahead and talk of closing schools . All we are trying to
do is ask them to shape up and listen to what their constituents are saying.
Alderman Boothroyd told Alderman Nichols that the statement she made is
in agreement with the way he would like to see the school system run. He
said he has no objection to everything she said but one of the problems
in his mind is that the people who sit on the school board have to look
at the other side of the ledger, and where do the dollars come from? He
said he would just as soon pay additional taxes but there are many people
who would not pay it, who cannot afford to pay it, so he would also like
to see a survey that asks if people are willing to do all these things
and raise their taxes too.
Alderman Gutenberger left the meeting at 8 : 00 p.m.
Alderman Holman commented that neighborhoods are important to the City
and she didn' t think anybody was arguing over that. She did express
concern about the resolution because there are some things in the rules
and regulations which may prohibit one public agency from reviewing the
actions of another public agency and she didn' t think that point had been
clarified completely. She said she would not like to have the City weaken
its case by acting prematurely.
City Attorney Shapiro said the resolution does not authorize him to commence
a lawsuit ; he is authorized by Charter to take such legal steps as he
thinks necessary for protection of the city which of course he would not
do without some direction from some part of the city. At this point all
the resolution says is for him to take a look at the situation from a
legal standpoint and he has every intention of doing that.
A vote on the resolution resulted as follows :
Ayes (8) Bordoni , Boronkay, Dennis , Holman, Meyer, Nichols , Saccucci
Nay (1) - Boothroyd sta --e)e.,
Absent (1) - Gutenberger
Carried
COMMUNICATIONS FROM THE MAYOR
Increase in Revenue Sharing
Mayor Conley received a letter from the New York Conference of Mayors ,
copies of which were distributed to each alderman.
City Clerk Rundle read the following resolution:
RESOLUTION CALLING FOR AN INCREASE OF REVENUE SI-IARING FROM 18% to 21% OF
THE STATE INCOME TAX RECEIPTS AND FOR THE ABOLITION OF THE CEILING ON STATE
REVENUE SHARING AS PROPOSED BY GOVERNOR CAREY IN THE NEXT STATE BUDGET
WHEREAS, The State of New York enacted legislation in 1970 which provided
that the State would distribute 21% of the receipts collected from the
personal income tax to local governments for the operation of local govern-
ments , and
- 7- March 2 , 1977 251
WHEREAS, such formula, which was altered to distribute only 180 of the
income tax before the enacting statute became effective , was devised in
order to enable local governments to benefit from the increased yields
from the - income tax, and
WHEREAS, such increases in the yield of the State income tax would result
in annual increases in State revenue sharing for local governments and
thereby offset some of the inflationary costs of local government , and
budget
WHEREAS, the Governor has proposed in his State 1977-1978/a ceiling on
the total amount of money that will be distributed to local governments •
from the state income tax, and
WHEREAS, such a ceiling on the amount to be distributed violates the •
original concept of enabling governments to share in the growth of the
income tax thereby avoiding the necessity of substantially increasing
real property taxes to operate local governments , and
WHEREAS, the concept of freezing the amount to be distributed to local
governments places in jeopardy the continuation of the essential services
. for local governments without substantial increases in the real property
taxes ;
O
Q NOW, THEREFORE , BE IT RESOLVED, That this City Council hereby recommends
Q to the Governor and to the legislature of the State of New York that the
Q State Budget, as proposed, be amended to provide as follows :
1. That the proposed ceiling on the amount of revenue to be distri-
buted to local governments from state income tax collections be removed
so that local governments will be able to share in the growth in income
tax collections as originally proposed when the revenue sharing plan was
enacted.
2. That we hereby recommend that the Governor and members of the
Legislature further amend the revenue sharing formula to provide that local
governments shall receive 21% of the State income tax collections instead.
of 18% which was distributed in the last State fiscal year.
3. That we urge the Governor and members of the Legislature to
recognize that the continuation of a revenue sharing plan which provides
for a distribution of 21% instead of 18% of State-collected income tax
revenues be continued in order to avoid substantial increases in real
property taxes which often fall most heavily on those persons least able
to pay such taxes .
4. That the city clerk be hereby authorized and directed to send
a copy of the resolution to our own State Senator William T. Smith and
our own Assemblyman Gary A. Lee and the following :
Hon. Hugh L. Carey , Governor of the State of New York
Hon. Stanley Steingut , Speaker of the Assembly
Hon. Perry B. Duryea , Jr. , Minority Leader of the Assembly
Hon. Warren M. Anderson, President Pro Tempore of the Senate
Hon. Manfred Ohrenstein , Minority Leader of the Senate
Hon. Donald A. Walsh, Counsel , New YorkConference of Mayors
5. That this RESOLUTION shall take effect immediately.
MOVED, By Alderman Bordoni : Seconded by Alderman Saccucci
Tablincc, Motion
I By Alderman t;oronkay : Seconded b; Alderman Haolman.
MOVED, That the resolutions be referred to the Budget & Administration
Committee.
A vote on the motion resulted as follows :
Ayes (2) •-- Boronkay, ;-Tolman
Nays (7) - Bordon t , Dennis , Meyer , Nichols , Boothroyd, Saccuc_ci ,
Slattery
/201 e t (1.) - (;}:t 71b-rrr-r
A vote on the o:riginc l resolution resulted as follows :
Carried [Jrian J_r:o !A/
-o- March 2 , 1977
252
to-Sewer. Operation and Ma_It nanc_e Reimbursement
By Alderman -Boothroyd : Seconded by Alderman Dennis
.... . ..., , .._...t the mss., .,.4:.iar.5 o tell•:: 1Jiiuwi1i .i IC:JU.LULIUt1 Lie waived.
Carried Unanimously
By Alderman Dennis : Seconded by Alderman Boothroyd
WHEREAS , the p.eposed state budget allocates $12 . 1 million for reimburse-
ment to local ceevernmente for the operation and maintenance of sewage
treatment plants , and
WHEREAS , the formula for the operation and maintenance of sewer plants
originally provided that the state would assume one-third the cost in
order to assure the proper treatment of sewage and thereby promote the
program to make more pure waters of the state , and
WHEREAS, the proposed appropriations in the state ' s next budget would
have the effect of reducing the state ' s share of operation and maintenance
to 10% of such costs , and
WHEREAS, such costs are increasing because of inflation and because
of requirements for a higher degree of treatment of the effluent, and
WHEREAS , the effect of such cutback in the state ' s share of operation
and maintenance aid will result in shifting the cost from the state to
the factory owner, business owner and home owner, and
WHEREAS, the increases in real property taxes or sewer rents will, in
many instances , exceed any proposed savings in state income taxes for such
real property owners ;
NOW, THEREFORE, BE IT RESOLVED :
Section 1. That this Common Council hereby indicates that it
opposes any proposal to cut back on operation and maintenance aid for
sewage treatment plants .
Section 2 . That this Common Council recommends that a sufficient
sum be included in the next state budget to provide that local govern-
ments shall receive state aid that equals one-third the operating costs �...
of municipal treatment plants .
Section 3. That the language of any such appropriations clearly
direct that such an appropriation be paid to local governments as provided
by law and that the Governor or any state official shall have no power
to withhold the sums so appropriated.
Section 4. That copies of this resolution be sent to the Governor
and the following legislators :
Hon. Mary Anne Krupsak, Lieutenant Governor
Hon. Manfred Ohrenstein, Senate Minority Leader
Hon. Warren M. Anderson, Senate Majority Leader
Hen. Stanley y Steffi ngut , Assembly Speaker
Hen. Perry B. Duryea, Jr. , Assembly Minority Leader
Hon. Stanley Fink, Assembly Majority Leader
Section 5 . That copies of this resolution be sent to the following
local paper: Ithaca Journal
Section 6. That this resolution shall take effect immediately.
Carried Unanimous►:
Resolution
By Alderman Boronkay: Seconded by Alderman Holman
RESOLVED , That Items D, E and F be referred to the Budget & Administration
Committee to re-flew a-17-ter further information is received by the Mayor
from the N .Y. Conference of Mayors .
Carried Unanimously
Tompkins County Senior Citizens Council , Inc`
t:y Clerk Rundle read the following resolution:
-9- March 2 , 1977
253
WHEREAS, the Ithaca Common Council has appropriated $9 ,000. 00 to the
Tompkins County Senior Citizens ' Council , Inc. , to enable it to provide
service for the estimated 3, 200 elderly in the City of Ithaca, and to
conduct its program in the City.
THEREFORE, be it resolved that the Council express its deep appreciation
to the Ithaca Common Council and that this expression be conveyed to the
Council and spread upon the minutes of our Annual Meeting.
T. Merrell Shipherd, President
The Tompkins County Senior Citizens ' Council , Inc.
February 17 , 1977
ti
�..r BUDGET AND ADMINISTRATION COMMITTEE :
Lease of Pre-K Space inNthe G. I .A. C. Building to the Dro2-In__Center ✓
By Alderman Dennis : Seconded by Alderman Nichols
WHEREAS, the Drop-in Center has for several years provided a valuable
service to downtown Ithaca , operating from its present location in the
Y.M.C.A. , from which it is necessary for that program to now move , and
In WHEREAS, the best alternative location for the program is the Pre-K room
LI) in the G. I .A. C . building, and
0 •
Q WHEREAS, the Drop- in Center is unable to pay the rent for the Pre- K room;
a
11::r NOW, THEREFORE , BE IT RESOLVED:
1. That the City of Ithaca lease the Pre- K room in the G. I .A. C.
building to the Drop-in Center for one dollar,
2 . That said lease be for a one-year trial basis , with provisions
for insurance and regulations governing the use of the building.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
.... Carried Unanimously
Referrals to Budget & Administration
By Alderman Saccucci : Seconded by Alderman Boothroyd
RESOLVED, That all future items dealing with governmental agencies other
than just the City of Ithaca be referred to the Budget & Administration
Committee for development of a formula.
Carried. Unanimously
CITY ATTORNEY' S REPORT :
City Attorney Shapiro reported that the lawsuit of the City of Ithaca vs.
Everts was settled for $1 , 000 ; the Hancock Street matter was also settled
and check for $1 , 000 received; pursuant to the direction of the Common
Council Atty Shapiro commenced a petition in the Appellate Division
against the Town_ of Ithaca (there have been some other developments there) ; I
Mrs . Muka has commenced proceedings against the City which Atty Shapiro
moved to dismiss same and it is
pending in front of. Judge Swartwood ; and
the City= of Ithaca did recover $182 settlement for bus tokens Lost in
transit.
BUDGET % ADMINISTRATWN COMMITTEE :
Extension State andC
e of � .O?ziP i y 7 ai i,. a.r1 aYlt
By Aloin Z 11,. S Dennis : Seconded e y A '.ei 1a.1i ji^ro ay
o'RESOLVt:b, That the City Chamberlain erlai n ire authorized t_ed to request he County .
of TompT ;.ns to extend its warrant for collection of thel� I� State and
County t'3.xes un::il. June 1 1c7.7c
Carried Unanimously
Transfer of Funds Boord of 1i:b_ c Vers1
Remote Readers eh Water
r,:eters
.
By Alderman e ni_: : . i _ .uCiby Alderman ic
rC ;F1y
TT
RESOLVED, Thai: there is hereby. Created a capital bJ l. e 1 d +.
Reade.t _. 0.11 kYc1.L8: le t e C._ . " ono
ei- k •_-
254 . 10 - March 2 , 1977
I Jh UER R..SO_.'ff) , That $ `; , 000 is horeb pr rop r iated for said prod 0C;
"'s+ `' , "tic +.`r'rir,+r ('1", fn+'0 ±-rCm +:6 , 300 from Gi '.)u
e yci Contingency.
;u scuss:iorL followed on the Jeer.
• vote on the re'sol.0 .ion re: llteo as follows :
Carried Unanimously
Lir->v,a+"+e Treatment Plant
• Aldermn SOCon ecl by A dde cmort Boothroyd
k'LSO.H:ED , That there is hereby created e capital project entitled "Sewa`
T _'ca .nor t Plant , " and
RE IT FURTHER RESOI VeD , That $100 , 000 is hereby rppropriated for said
project by transferrin $100 , 000 . ^ (JL;pi;:al it -,erve Account #17-Sewer
Construction for the purpose of d 'ire .oning the tacility plan.
Discussion followed on the floor.
By Alderman Meyer : Seconded by Alderman Holman
RESOLVED , That this request be te. led Until there is a full clarification
of an undesigned project .
A vote on the resolution resulted as follows :
Ayes (2) HO3.il e Meyer
Nays (7) - Boothroyd, Bordoni , Boronkay, Dennis , Nichols , Saccucci ,
Slattery
Absent (1) - Gutenberger
Alderman. Gutenberger returned to the meeting at 9 : 25 p .m.
A vote on the original resolution resulted as follows :
Ayes (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger,
Nichols , Saccucci , Slattery, Hoban �••�
Nay (1) - Meyer
Carried
V Water Supoly Improvements
By Alderman Dennis: Seconded by Alderman Saccucci
RESOLVED, That there is hereby created a capital project entitled "Water
Supply Improvements" and that $25 , 000 is appcopriated for said project
by transferring $25 , 000 from Capital Reserve Account #16 Water Source
Development , and
BE IT FURTHER RESOLVED , That said authorized appropriation he contingent
upon a review of the scope of 507•vices in the proposed study contract
prior to execution by the Mayor and that the Budget and Administration
Committee of Common Council act as agent for Council with power to act.
A vote on the resolution resulted as follows :
Ayes (9) - Booth"royd, Bordoni , Boronkay , Dennis , Nichols , Saccucci ,
Slattery , Holman, Gutenberger
Na - (1) - Meyer
Carried
1077
En nme• •-
By t..I e7 lit i n �s ,-,cconded by A i.d.t iman Boothroyd
RESOLVED, That the 1977 equipment list for A1320A Buildings-City Hall be
amended to include a drinking fountain, ana
1-s} I . N J t ER 1_7:SOLV ) , That $ 150 .v e u, ai 5 r N i. 1rd from o l 11 9 9 0 Contingency
to Al620A Buildings-City-. . R _1- /0J Equipment ,
Carried Unanimously
v urb and Gutter Assessments
Iy Alderman Dennis : `c ended by Alderman Saccucci
WHEREAS, The Board of Public Works levied curb and gutter assessments on
March 24 , 1976 , for the construction of curb and gutters on West Clinton
and Cherry Streets , and
- 11- March 2 , 1977
255
WHEREAS , A public hearing thereon was held by said. Board on December 8 ,
1976 , at which time the Board took action to finally approve said
assessments and filed schedule thereof with this Council for confirmation
and final approval ;
NOW, THEREFORE, BE IT RESOLVED , That said assessments in the total amount
of $12 , 201. 86 (copy of., schedule attached to Minute Book) be and the same
hereby are approved anu confirmed, and
BE IT FURTHER RESOLVFT) That the City Clerk be and hereby is directed 'co
prepare a Warrant on the City Chamberlain in accordance with such schedule
I for the collection of said assessments ; and that the Mayor and City Clerk
' be authorized to sign and execute said 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 sucJa iVarrant , the City
Chamberlain shall add and collect the percentage thereon at the rate of
5% per annum except and provided however that the City Chamberlain may
allow persons to pay their assessment , if the aggregate amount exceeds
$25 . 00 , in five equal installments with interest at 5% on or about June 1st
each year, provided however , that any person desiring to pay by installments
L ) shall make application promptly in 'writing to the City Chamberlain ; and all
If) properties having such assessments or portions thereof of installment pay-
ments in arrears , and remaining 1 ;paid, at the close of any city tax
Q 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
Q period; and such property shall be sold for any unpaid assessments or
Q portions thereof or any unpaid installment payments , together with the
outstanding balance of such installment payments , together with all interest ,
fees and penalties that may have accrued.
Carried Unanimously
Purchase of Residence at 217, South Plain Street
By Alderman Dennis : Seconded by `: dermanSaccucci.
WHEREAS, The Common Council has a major investment in a residential re-
habilitation program in its Community Development Program, and
WHEREAS, demonstrated rehabilitation is a major link in the success of
said program, and
WHEREAS, Tompkins County owns a residence at 213 South Plain Street which
they purchased through a tax sale , and
WHEREAS, the rehabilitation of 213 South. Plain Street would be a good
example for other owners in the rehabilitation area ;
NOW, THEREFORE , BE IT RESOLVED:
1. That this Common Council authorizes and directs the City Attorney
to negotiate w t.h Tompkins Count' for the purchase of 21t South
Plain Street ,
2 . Said negotiated pr.': ce net to exceed back taxes and fees ,
Discussion fcli. s r. or the flieer .
A vote on the SFS so] ,.t; eF l ws _
�_ .1....L !..(i t,. L\.�i A a. (..1.\: .�C �-.� .i..1�)Y�.. < 1
Carried U.na.n i cions •.y
1
Audit
4 .:1.. .. a ....... Lv r\_ ± .;111 f:. Ci.4.i: A., ,1,d
RESOLVE , It,��L. ��_, C , �.'Ci I )1 ! Jl`i '`' :1(' atrt:t and AJ71�_ '
st t• f . J I L
Ji
.. :iiia _ W ,
Abstract bz.
• Discuss e,1 i a1 i1C ad o'4
A vote on i. ,c re. eit iii in
Ca_s6 U.1 i.... . h],;. ..,... I \.'
Lit P;t,, ('
i• ....'( fes_ .L d ..;i l., !'tc .� .!i'..- . . r`
256 - 12 - March 2 , 1977
. vertime P trkiit Cha •tao , on ". tlt�.
3 ..e mai Cutonborge r rc i or vcd -there would be a meeting on March 17 at
',vi:ch time the procedures woo c reji l,Y,a1red to see what , if. anything ,
can be done to resolve this feat cr.
CHARTER (, ORDINANCE CO L'iITI .
V Local Law No. 2
Jv Alderman Nichols : S''c:ottd': -J by Al- 1e i': h Berdoni
RESOLVED ,_ That Ioca1 Law No , 2 of 1977 !\mendin S ir ii Vi5 . 47 of the
Ithaca C' ty Charter
Llrter a } relation to the ) tIu - a .'< L i 'Tof Pedestrian al A1al.ls
the �'. . Laid on Table on February 2 ,
anAssessmentAssessmentAssessmentI�}"l ;''E. ,^c1Z - tr � zce and.
1977 , be lifted from the table and presented to Council for their
approval .
As follows : ....
A LOCAL LAV NO. 2 OF TEE YEAR 1977 AMENDING SECTION 5 . 47 OF TIIE ITHACA
CITY CHARTER TN RELATION i,ATION TO THE AUTHORFLATION OE PEDESTRIAN MALLS AND
THE ASSESSMENT THEREFOR
BE IT ENACTED by the Common Council of the City of Ithaca as follows :
Section 1. Section 5 . 47 of the Ithaca City Charter is hereby amended to
read as follows :
Section 5 . 47 STREETS ,PEDESTRIAN MALLS , IMPROVEMENTS AND ASSESSMENTS
1. Authorization of paving and other street work and pedestrian mall .
The Board of Public Works on its own motion or upon Petition of
owners of abutting property, may consider and tentatively authorize. the
paving, repaving , resurfacing or surface -reverent of any street or
portion of a street , and the construction of curbs and gutters in any
street or portion of a street and the construction, reconstruction of
or addition to a pedestrian mall , and determine ru . matters relating to
the type , materials and ;Method of const 'uoti<_,_t thereof. The Board may
hold a public hearing in. regard to any such improvement and shall hold
such a hearing whenever such improvement is assessable as hereinafter
provided, after giving notice by publication at least once in a local
newspaper not less than five (5) days before such gearing. The Board 4"1
shall make an estimate of the cost of such proposed impiovement and
file with the Common Council such estimate and a requisition for appropri-
ation of the funds necessary for the work.
2 . Definition of terms .
For the purposes of this section, the following definitions of terms
shall be controlling.
Paving : A roadway cons tr i.to ted with or without a cushion or binder
with a base course ,• and a wearing COU1 S: on.s J 3 i iris of blocks , or
slabs or constructed with a cement or b itominoos binder.
Repaving : Renewal of a pavement.
Resurfacing : Renewal of the surface cif a pavement ,
Surface treatment : Treatment of the finished surface of a roadway
with bituminous material .
Pedestrian Mall : A public t t'n-coug m iia re designed as a promenade for
podeotrt_anis from which motorized ;chicles are f_o. be restricted or
prohibited . 1
3_ Aspaving.
Assessment S�,li)r,:l)t c3-� cost S t _.O?"
The cost oil the original. paving of a..}' street ,hall. be borne as
followsThe area of street intersections and fifty percent (SOfl of
the remainder of such 7ri - _ 4tIpaving shall be a charge against t le
city at large , and the remaining T fiEly percent (: O ) shall be a charge;
a cai,n ,i: the abutting prat ..t _ , apportioned acc.ording to their respective
::soot frontages . the cost c_ i repaving , resurfacing and surface treatment
a
and the widening of paved streets shall be charged against i the city at
large , and no part of such expense shall be levied against the owners of
abutting properties .
1
___.......__________.... .. . _..
257
- 13- March 2 , 1977
4. Assessment of cost for construction of curbs and gutters .
The cost of original curbs and gutters , when. constructed in connection
with the original paving of a street , shall be included in the cost of
improvement and assessed accordingly. The cost of renewal or repair of
curbs and gutters shall be a charge upon the city at large .
5 , Assessment of cost of constructing , reconstructing or constructing
an addition to a pedestrian nal.
• .
The cost of constructing, reconstructing or constructing an addition to a pedestrian
',....• mall shall be borne as follow itc-ssthan fifteen percent_ (159,•.) shall be a charg:2
against the city at large and notimor,:- flan eighty-fi--..Tc percent (25%) shaq,be a. char •;-e
against properties which the 2/3ard of Public Works,, subject to confirmap9dby the
Comm Council, shall determine and specify to be espocial-ly brnefitted, apportioned •
in accordance nii a rate sche,dule t,C) be, establi.shed therefor from time to time by the
Board of_ Public Wrorks tc.) be deteroThez-1 on any equitable basis includirr,-,,, but not
lindted to, a system of classcation for -purposes of establishing differential rates,.
1 fl Ivhich rate schedule shall be subject ,-Co confimation by the Commen Council. Before .
"ii r.1 any such rate schedule is finally established, the Board of Public Works shall liold at
I-1) least one public hearing thereon, after giving notice by -publication at :i_eist once in a
0 Jocai newspaper, not less, than five ( :,) days before such hearing.
CI .
str 6 . Manner of Assessment .
icl Upon the completion of any improvement , of which all or any part of
the cost is . chargedto abutting owners ' properties as above provided,
the Board shall cause to be prepared a map and a statement showing the
cost thereof and the apportionment and assessment against the respective
properties benefitted and shall give notice by publication three times
in a local newspaper of P. public hearing thereon on a date specified, ---
which date shall not be less than. ten (10) days from the first publication ,
at which time any person interestedmay appear and be heard in relation
, . thereto. The Boardmay thereupon alter or correct any such assessment as
justice may require , finally approve the same and file a schedule thereof
. '..... with the Common Council which shall confirm the same , and when so confirmed
the amount of each. assessment shall be a lien upon the real property so
assessed. The Council may prescribe and apportion deferred payments ,
make such regulations as may be deemed. advisable for the payment thereof ,
and provide for a percentage addition to any such deferred payments at a
rate not exceeding six per centum per annum, to be determined. and. fixed
by said council , together with any fees and expenses which may be incurred
in. connection therewith. Such assessments , percentages , fees and expenses
shall be collected in the manner provided for the enforcement , levy and
collection of city taxes .
Section 2 . This local law is adopted subject to referendum on petition
in the manner provided in the Municipal Home Rule Law.
Carried Unanimously
.
Council. Rules of Order and. Rules of Procedure L-
__________
Rii716s. .,5:177 -i-RIF-----------------
, TraVYan2Chols : Seconded by Alderman Bordoni
RESOLVED, That the slightly revised and updated Rules of Order be brought
out again. and displayed on the -,vall of the Council Chambers for the
information of everyone after approval by the Councii .
RULES OE ORPEN Revised February 1977
•
L. . Any person ' ...rlo shall d.eire to speak at eeetLp of the Common Couneil
.-..
shall state his cr '.' nine and :,: .d7r:! S for the record.
2 . He or she liall address the Nayor and the Comon. Council .
3 The Hayor sall limi-t each person dosiripg to speak to 1 , C \
five. 0ifil.7iteS speai,jng I.1re Or! any sPbject ; and fl.0 person shall Pc
Pe3171Itte to fL;p _,_k m,5.1.0 . - 1 011 tjrlf: same sobject nnl.ess reeenr.eo
to do Sc by the T,'Lyor .n.d./c.r Co).,, pp Ceonci :! _
4 . Each per::,. .pn des _rin, to seah shall de se in a ooet 'mod oh 5J7,
lld ilii L .: c'vc: JL 1-1::_s_ 01 C . 1: ,11_!-,. 0 1"7.:•1:1 ii JO 30 th‘"-:,*
have ,-: a .X. :7J10rity 15) pl:cclude !1 :! a or her from speaing at such metiT-
.. • .. .. /—
258 -11 - ftirch 2 , i977
Th ,:fly12, na of hc meating under
the ,,, d!s, oL 0 : beton::: the Council"
e eebt When pnbilc hearing . It
O fO rson des ire:- to a to I i ,;ted on the agenda;
he or she may nc:eca.! La I ft:yor for p..-2cmlssion to speak on the
matter v‘hon it comer; h::4fcy'e the C.e.o i !1 the course of the meeting
and the Mayor 1day granL penllssion.
6 . With the excepten or the aJ'ocP:'entiened ..utes , ROBERT ' S RULES OF
ORDUR will be Collod.
7 . The City Attorney shal. 1 Gcr, as pr !, iamentarian at all meetings of
the Common Council .
Carried Unanimously•—,
•
vPubs of Procedure
By iki_dcrman Nichols : Seconded by A10e-rman Bordoni
RESOLVED , That the slight:1y revised and updated Rules of Procedure be
approved and displayed on the walls oi the Council Chambers for the
information of everyone .
RULES OF PROCEDURE Revised February 1977
1 . The City Clerk is instructed to prepare and distribute to the members
o f the Common Council an agenda for each meeting of the Common Council .
2 , Each Council member shall receive from the City Clerk an agenda of
the Board of Public Works , Planning Board, and Common Council at
least four (4) days before each meeting of the said boards .
5. Each chairman of a Common Coun,..-il committee shall, present agenda items
portalnig to that committee to the city CIa k no later than 9 . 00 a.m.
un the Friday preceding any -mecti..ng o B the Common Conncii and give
some indication of whether the item is for report or action.
4 . Whenever possible , a copy Clf all resoliut*ons to bo acted upon at the
Common Council meeting shall nccempanv the chairman' s report to the
City Clerk, and the City Clerk shall attach said resolutions to the
S . All mattors to be brought to the Common Council should be thoroughly
e';:plained, with 1,.am'r,:s , dates , time , addresses , etc. on the agenda
(e,K.cept Mayor appeci.ntmonts , January first of each year) .
b . Ni'; legislation may 1,:.e brought up for a vote at a regular meeting of
the Common Council without unanimous vote of the members unless it
na3 first appeared 011 the agenda.
7. A matter may be roportod to the Council at any timo , whether or net it
apoears on the aenda for that meeting. However , no vote may be taken
or motion made , excent for referral , with reqard to any matter which
do4..s not apoearen ",,h, agenda if a for,ia_-.1 obication thereto is made
to the Mayor by any member of the Common Council .
3 , The CIO, Clerk will transfer in memo form all referrals or action
resolutions to the involved Council comimitteos , lay ooards , agencies ,
and departments .
referrals tb o'r'igination dare will appear on all agendas
coutihuously until some action has been Laken by the Common Council
to remove s:--4r.le .
Discus:; on followe.1 on the finer ,
A vote on Clio resolution resultea as fol Lows :
Carried Unanimously
dments to Nunici_pcd Code - Traffic and Pavkinv
fh.: A [ 1) Soccnded bs/
(Jkl)iNANL:E NO. 77- 2 All OUINANCIi Ci ' J CHADTER 60 ENTITLED 'TRAFFC AND
.TLICLFS" OF THE CiTY OF tinAcA MUNICIPAL CODE
-15- March 2 , 1077 259
BE IT ORDAINED ANI) ENACTED by the Common Council of the City of Ithaca,
New York, as follows :
Section 1. That Chapter 60 entitled "Traffic and Vehicles" of the City
of Ithaca Munic:iaa.1 Code is amended as follows :
1. That subdivision u of Section 60 . 46 entitled "Tt4o Tieur
Parking" be amended to include at the proper alphabetical
place the following :
"North Titus Avenue , north side , from Cayuga Street
to Geneva. Street. "
Section 2 . This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3. 11 (B) of the Ithaca. City Charter.
Carried Unanimously
By Alderman Nichols : Seconded by Alderman Bc=rdol i
ORDINANCE NO. 77 - 3 AN ORDINANCE AMENDING CHAPTER 60 ENTITLED "TRAFFIC
AND VEHICLES" OF THE CITY OF I .IHACA MUNICIPAL_ CODE
LO
in BE IT
ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
O New York, as follows :
Q Section 1. That Chapter. 60 entitled "Traffic and Vehicles" of the City
of Ithaca Municipal Code is amended as follows :
1. That Section 60 . 5 entitled "One-Way Roadways" be
amended to include at the proper places the following :
"North Aurora Street between State Street and Court
Street in a northerly direction. "
and
"Cayuga Street between Court Street and Green Street ,
in a southerly direction. "
Section 2 . This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3. 11 (B) of the Ithaca City Charter.
Carried Unanimously
Administrative Code Updating
i r' o i :C - BeF . 110(1
;.etil,)Ca Of T 1. 7 7 �)Cnl. "a t�, 7;1t: L'i, nCciil' On C Cri !1G7! (,G iI 'i l- To .se
with a Member r of the 5 't" Prtye thePersonc) L e -t Otilce
Alderman
\3 ' G1s reported that this item was referred, to C
ltteLat the
January 5 meeting, ''that: the committee consdier c;uinging the Charter
provision for filling a vacancy of ;,,n alderman. " She reported that upon
looking through reference materials readily available. ,_ including Ch . 7 ,
p. 1 of the Charter, and Roberts Rules of Older , it appears that this would
be extremely difficult to do. it would be contrary to both the Charter.
and .Roberts Rules of Order . Therefore she requested permission of Council
to withdraw this item from the agenda. Seconded by Alderman Boothroyd.
Aldermen Holman and Boronkay objected to the item being removed from the
agenda UCCauS > . even t ( o1ga it 1 a 4 been C7sCtS5C :
.l l t commit t.::u , no aCa,..iO.r'I
had been taken on it..
Alderman Nichols 'dthdTew her motion requesting the iter.i be removed from
the agenda..
Pot. ce (T i ance Prucedu:;:les.
kti-(-dc,11l:an Rt ,.,i1a s _,e_ , ..d tont 1ea, d___7 ". this itG..r,
-i ,.. t h was s'c. eri•r d
....sj Oily.l y to F.(Li?'ISII. SOT`ti ?_C_ _ and 't_,j`i;l /. f;':Cand ,.)-ediner f2o=if ' " aft T' .:!
2 , 1977 , no action tc_z,eu f ( q
PLANNTNG ii if \ .,L<P ri N 1
Ai ) -
n ( ,, IC .
5
o L i r. '; ..1 d
I ,-;i ( iC c,11, Jni V2r . ':r a s
oi .ot ;
l
16-- Mr rch 2 , 1977
260
the Slate 4.+-1 eiY<:- ha! (in t:: 1 . ! ned the ; its contract with the
i
tth _ cd ctLl"t.''10 i' t•- �:t i, i .ili t0 this pro 1 ect must be
stt:>>t . i _t :ii. ie Jc,'li..ULL 1 :; .:, Litt,11. t. :,:,U-)t: ;i.ILU 1.O r',.:111.1-)(j meproject
i1.esuoruj •'i ,ly
THEREFORE , BE 1Y RESOLVE?) , That tne common COuneil of the City of
ii_baca hereby :
1 . Authorizes the m ":di ien_. iii c i-r ect for Project
No . 36- 0039 4 l' uburn (.'etyeen the State. of New York and
the City of Lthneato in reCJeet he deletion of work resulting
from the decision to reopen th 0° Clock o1 Adams Street ; and 1
2 . Requests that the collar amount of the project be reduced as
follows :
(a) 2 adjustable backboard supports with
backboards (Mexico Forge }05-000) @$259 . 00 $518. 00
(b) 1 minimum order concrete 40 . 00
(c) 2 laborers end 1 foreman at average of
$4. 50/hour x 8 hours 108. 00
(d) 1 dump truck and compressor @$6/hr. x 8 hrs . 48, 00
TOTAL $714. 00
Carried Unanimously
Spencer Road Bikeway
By Alderman -Meyer: Seconded by Alderman Holman
WM7,T.REAS , There is no provision for accommodating bicycle traffic on the
new Elmira Road, and
WHEREAS , Bikers are likely to ride to state parks end to the country .
RE IT RESOL`ED, That Common
Comon Council direct the Planning Department and
the Department of Public Works to w0tK together to develop
.�
a bikeways
signal system Ior Spencer Road and that the cost of this plan be returned
to Common Council by the May Council -fleeting.
Discussion followed on the floor.
A vote taken on the resolution resulted as Follows :
Carried Unanimously
n rtment Ordinance
Alderman Gutenbergor reported scat the second and last meeting slat., been
held; the input from these ,acs if: . ,;i1L be w3Yked on by the committee
and } ogully Ie co:aiiuuciolwill i : heought t , Council a : the April re
eting.
.i.i3in1ass investment sxeIS-e L ion
Atdor.-Lan
Meyer : -;e ended. by al.ctc i-..call ho!'dou.i_
WHEREAS , industrial and commercial development t w .thin the City provides
increased jobs and sales 'tNl__ revenues , and
t.. - y q-
1,ycl�:d I,�t'�.J , 1.:1C: 1�1.u.nA1 � and 1�. �.'t;.7_t)y �!:;1i1 lloaE'C.l and the Planning and
(;17E; oK)
(- . . t of o I1l1�:i i_!,t Cu .c l �. t.. . 1 .• . incentives
1111;i�It :..�i L�?:LtI.C'.� Common Council.s _ i:� "i i.i , ;..1.;i�: appropriate are ,i
necessary to assure continued devC o,,me t the City; ! !
HEREFORE, BE IT RESOLVED , Tnet tbe City of ;:t Tara participate fully in `...
the Business investment exemption and
BE IT FURTHER Rti,Sul..Vt;d , i'n< t the t.:.o'n T.on Council recommends the participa-
ti.on. °oX: Tompkins Co e. y and the Ithaca C _ty School District in the
Business Cavesitent �:7t:"]iptitlll:
Carried Unanimously
-17- March 2 , 1977
261
Municipal Power Task Force
Alderman Gutenbergerreported that the Muni cipal Power Task Foy ce are
now in a position to issue their 1ina"! report. Originally it was
announced that the report would be presented on March 9 ; unfortunately ,
several members of the Task Force could not be present , and there may
be a problem with Ole tyning Of the report . Therefore , Alderman Guttal`.);r ,e
requested that a meeting of the Council be set for March 16 at which time
the Task Force will present their report to the Council . Alderman Boothroyd I
asked, if possible , that copies of thereport be available some time prior
to the meeting as it appears t xt.ht"t voluminous . Alderman Gutenberger
said he would try to obtain copies in advance of the meeting.
Route 96
Alderman Meyer reported that the Planning 6 Development Committee had
attended the Consensus Electing and that she and Mayor Conley had discussed
how they could work with the New York State Department of Transportation
on this item.
HUMAN SERVICES COMMITTEE:
Salvation Army
''^^
-Alderman Boothroyd reported that the Salvation Army had presented plans
LU for a Crisis Center for people with alcohol-related problems . The City
In is going to be asked to participate to some extent financially. He said
O that what. the y looked at was rather exciting - the kind of thing that
aw011lca'
complement some of the downtown areas . At that particular time
Q the Committee approved the plan in concept , subject to funding by the
City.
Drug Coordinator
Alderman Boothroyd reported the drug coordinator had requested the
program be continued. After discussion the committee felt the program
should be continued and the coordinator is going to appear before the
Budget and Administration Committee for a reduced level of funding.
Alderman Boothroyd reported that the matter of Police Grievance Procedure
and Union Contract has not yet been discussedin committee.
•
ENVIRONMENTAL COMMISSION :
Alderman Holman repartee that the Commission had met andhad a full report
and discussion on the Bikeways , discussed the Elmira Road/Spencer Road
Bikeway Plan , and she reminded the Council that May 17 will he celebrated
as Environmental Heritage Day.
BICENTENNIAL COMMISSION:
Alderman Nichols reported that the Commission had met and decided not to
disperse their funds , with the thought that they would be used for a
display on. Ithaca Commons , photographs of Circle Greenway and/or
celebration of New York State Bicentennial .
REPORTS OF SPECIAL COMMITTEES :
Urban Renewal Agency
Alderman Dennis reported that the Neighborhood. Housing Services represent-
ative _T Renewal Agencyand discussed a study they
appeared before the �. � r �_
would like to have and requested funds from the Neighborhood improvement
Project for the study. .the urban Renewal Agency granted them $2 , 000
toward the study.
Alderman Dennis also reported en up-to-date report on the GIAC facility,
Phase 2 had been. presented .
• UNP IN ISHCP SP iI Si13 L.AMOUS BUSINESS :
Alder- %_ 1 cd any C r i en had boen taken on a letter received
from h Fuli Creek Ci i fs oh ht on requesei.na curfew (letter received
prioy -h .ulJ � � �. )czof
C > Council ) . I. said the Association
:•diel veer o _ ,'i,'rco J ' at which tme the mat.1ei will be brought. up .
• favor Cenioy said the le ,. ta been discussed at staff level hut: he
thinks rt „ :'it .1 be approprinle if Alderthan Bordoni , Youth Eu?"£ `'L, Pim: .-toe
}
to t..i.e:l a i"'r d:I Felice. Chief %� r`+i)n ?'t�:S'l_i'A l.!^.t;"1- with tI i i' "t: .. discuss :.;;t� �,i.� c" 5..:.;:`
1.ar. i�.t1 i, .
7''':' ,77-7 • . '• • . . .
- 18- .lareh. 2 , 1977
262
11J:
.',1d Saccucci preentod N pC2,T. 1ti0ff0M l'esidents of the vicinity
Lite City Lo request the MODil
.;)41 Cwliany to roroci 1=cdi.ate3y tlIc oit Lyikf3 from their present loca-
ie71s , Thdy ar,. eYncriencin cdov Trld. ;;osi:, iYpotaht , they rear
tantnneous combution froi:: those leaking, tnks .
'The Residents of the sorreiindimi area, ore the City of Ithaca to
iiKaediately request ttic. iobil,_ Cil Co . , nuers of the oil taniKs and gs
tc.n.hs in. the ViCiilit:r (.7j Meadow and Caoddilla Streets to take immediate
n,.,:tion , to completely ,...eve them , due to the exi3ting danger of com-
bustion and the contant leaking already experienced by our local firem.e
Above petition conte,ined seven signatures . .......
ADJONNMENT :
Cn a motion the meeting adjourned at 10 : 17 p . m.
#'4ale‘ffedS*19/ -
Joseph i'A Rundle , L.ity Clerk Edward J , Couley,/,)4yor . ---
li
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CH.ARTE HD ORDMACJIT] I?IC - AGETA]...:A ITEM XII A
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LOCAL LAW NO, / OF THE YEAR. 1:377 .-
, •.
) I CITY OF ITHACA
A LOCAL LP:, I'MENDINC THE CABLE TELEVISION FRANCHISE TO CERACC77, 772,L7.7TSION
CORPORATION
BE IT ENACTED by tbe Common Council of the City of Ithaca as :olao%:s:
SECTION 1. AMENDING THE CABLE TFLEvISION FRANCHISE TO CERACCHE TELEVISION
CORPORATION: ,
The Ceracche Television Oorporytian is hereby g;..-aateci. an amendment
to its Cable Tel Franchise in. accorclan with the tel and conditions
es contained in Lh,2. Ar.-eement set forth below:
. .
!
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1 -
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TELEVISION CA LE FRANCHISE
•
Agreement made this day of , 1.977, by and between the CITY OF
ITHACA, a municipal corporation duly organized and existing under and by virtue
of the laws of the State of New York, party of the first part, Grantor, and
CERACCUE TELEVISION CORPO :ATION, a domestic corporation duly organized under
and by virtue of the laws of the State of New York, having its principal place
of business at 519 West State Street, Ithaca, New York, party of the second
part, Grantee.
WITNESSETH:
That in consideration of the promises and covenants hereinafter made, the parties
agree as follows:
1. Ceracche Television Corporation, of 519 West State, Ithaca, New York, here-
inafter referred to as grantee is hereby granted and invested with the right
and authority to construct, erect, operate and maintain buildings, machinery,
and apparatus within the city limits of the City of Ithaca, as it now is, and
as it hereafter may be constituted by revision, modification, or addition, and
which said buildings, machinery, apparatus may or shall become necessary in the
transmission of television programs, and distribution and sale of television
or radio programs for the use of the citizens of the City of Ithaca, said rights
hereby granted to be non-excl_ucine. The City has approved the legal, character,
financial , technical and other qualifications of the Grantee and the adequacy
and feasibility
.asibilit5 Of its construction arrangements as part of a full public
lic
proceeding affording due process.
2. Grantee shall have the right, further, 1:0 erect, place, operate, repair
• and maintain poles, wires, transmission lines, distribution lines, and service
lines in and- 7J7?7and the right to use, all
public olEIiJs, streets, a?1eyet
grounds, and places in the city, and within its present limit or as it here-
.. .
after may be extended, for the purpose of furnishing the- City of Ithaca and its
inhabitants with television or radio service, provided always, that such roles,
wires, transmission. lines, distribution lines, and service lines shall not
interfere with, nor obstruct, the necessary or proper use of said streets,
avenues, alleys, public grounds or places.
3. Grantee shall have the right and permission of the City of Ithaca to use
existing poles, wires, transmission lilies and service lines now erected and in
existence, aI?d owned, controlled or operated by the New York Telephone Company
or New York State Electric and Gas Corporation within the City of Ithaca, upon
the condition that it shall first obtain the written permission of the New
York Telephone Company or New York State Electric .and Gas Corporation
respectively for such uses.
4. Grantee shall. be permitted to extend its poles, wires, transmission lines,
distribution lines and service lire, and to give service to the City of Ithaca
and to its inhabitants in accordance with the permission, eules, regulations
and statutes asthe. same may be amt I died from time to time, of the Public
Service Commission, k _deral Co ..sun c:iLi( ns Cra 1? _ion, and other regulatory
bodies of the State of New York _nd of the United States of America and subject
at all times to the applicable laws of the State of New York and of the United
States of America.
5. Grantee is hereby empowered, and. subj r:L always to the approval, if
necessary, of the Public Service Coma±.scion of the State of New York or other
applicable State Commission, and the Federal Communications Commission, to
} use proper practices, and procedures within the spirit of this franchise and
appropriate to the service within the geographical limits of this franchise.
6. Grantee, upon execution of this franchise agreement, shall, if required
be allowed to proceed to petition the Public Service Commission of the State
of New York or other applicable State ,Colonic ,i_en and Federal Communications
Commission for any approval required to be had in the premises, and upon such
approval, he shall notify the Mayor of the City of Ithaca in writing.
7. No poles are to erected upon the public streets, alleys, avenues and
public grounds and no excavation of any type shall. be done or caused to be done
unless permission in writing is first obtained from the Department of Public
Works of the City of Ithaca, New York.
I
8. In the event that a change is made in the grade of public street, alleys,
avenues and grounds by authority of the City, which shall necessitate the
removal of any poles, wires, transmission lines, and distribution lines, to
conform to the change of grade, Grantee shall make the necessary changes in
its lines, at its own expenses, upon due notice from the Board of Public
Works of the City to do so.
9. All work in any way necessitated by the business of the Grantee which may
involve the opening, breaking or tearing o of a pertion of a street, sidewalk
or other part of any City-owned or City-controlled property shall be done by
n
'�( the City at t nc` ;"i :?
p of the Grantee< Grantee shall save and keep the City
R harmless against all loss or damage to person or property caused by the
construct ioi , laying maintenance or operation of any of its lines or other
undertaking under the authority of this franchise.
10. a) During the term of this franchise, Grantee shall furnish to all persons
desiring the service offered, and paying for the same, a wire service capable
of producing as good a quality of testi:inion picture signal or reception as may
be practical from time to time, and shall ma e all reasonable and ra ct icabl..e
betterments. or improvements of said service as improvements in the science of
carrying of television signals shall warrant, as well. as
in the elimination
of radio interference.
b) The Grantee shall ce rti±y to the City and provide such required •
documentation to prove that it is in fact meeting the minimal technical
standards required by the Federal Communications Commission and the New York
State Commission on Cableilelevision. Said oertifiention and documentation
' will be provided as may be requested by the Cit_,. If in the belief of the
City the nini_i:'utechnical. standards are not being met, or if the Grantee
shall fail to provide such certification and doe um'.nration as req".1ired herein,
then the City nay, at its sole option, employ the services of the New York
State Commission on Cable Tel engineering van to make certification
checks within toe. City< The Grantee agrees to such. verification cheek: at
the discretion of the State Cable Commission (should. they be required by
' the City).
4
c) Service shall be defined to include the providing of cable. service
to subscribers' homes and businesses in the City through the use of cable and
_......„ necessary instruments. Furt:hor service shall include the program services provided.
by Ceracche such as over-the--air broadcast pictures, pay television programs
and local origination, Additional services should be provided only a...ter
IS00( securing City approval, if lawfully required by the State Cable Commission.
It' is understood that litigation is pending in the U.S. District Court in
the Northern District of New Ye7* concerning the State Commission' s juris-
diction to regulate auxiliary. services.
11. This franchisedoes not: in any manner grant. to the Grantee, his successors
or assigns, the exclusive right to the sale and service of television sets,
accessories, or convertors within the City of Ithaca, and it is expressly
understood that the right to sell such sets or accessories or convertors
is reserved to any and all legitimate dealers. By Acceptance of this franchise,
the Grantee, his successors and assigns shall be deemed to have accepted the
following conditions:
(a) Any persons, individual or corporation may purchase television •
sets from any source without any liability to the holder of the franchise
herein granted.
(b) The holder of this franchise shall be required to permit any .
individual or corporation. to have access to the services of the holder of this
franchise, subject only t' the payment of regular installation fee and monthly
charges which are hereby established as follows:
(1) Residential or Commercial establishments Maximum
i!!
' *IV charges: First installation charge - $20. 00. Each additional installation -
$10. 00. Rental for first installation - $5.50 per month, basic cable service
including 20 channels ($5. 50/montn, convertor supplied by subseri5er, 0.50/
month, convertor rented from Grantee) . Additional rental charge for each
extra set at the same establiohment: Residental: no change will be made
in the present charge. of 50 centsmonthly for additional hookups to the save
subscriber at the same address that werein operation as of March 1, 1975, such
additional hookups to• be billed at the price of $1.00 monthly per additional
hookup installed after torch 1, 1975. Commercial: $1- 00 per month per set.
•
(2) Suspended service: No charge for disconnecting and, no
rental charge while disconnected. Reconnecting charge: $5.00.
(3) The user shallhave the privilege of selling and trans-
ferring -the service once only to a different party at a. different address for
a $10,00 transfer charge, where the service is available at the time.
(4) Changing location Ws. cable: $5.00 for moving to another
location in same room or for moving to a different room in same apartment or
living quarters.
, . (5) Any user who has said the regular established residential
• installation fee and moves to another residence within the city where the
[
service is available nay have this service transferred for a $10.00 charge.
41b.,4
(6) Cable service nay be discounectedwhon rentsl or install-
ation charge is sixty days past chic If service is di becon:,-7.,e of nen-
payment, a charge of $5. 50 is made for reonnectionafter past-due account: is paid.
• .
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(7) Installation flay be disconnected if user attempts to
Le inn more than one set at: one time on each installation, or permits anyone
else to do the same; or tampers with tbe lines in any way.
(8) Any increaseof the maximum charges must first be ap-
proved by the Common Council, after a full public. hearing affording due
process. Such approval shall not be unreasonably withheld.
(9) All installation and other charges include applicable
federal, state and local taxes, if any, except sales tax.
(10) The City specifically reserves the right to conduct
a subscriber or other rate investipntion when it believes on the basis of
financial data available to it that substantial changes in costs, revenues,
or profits of the Grantee has occurred, and may on the basis of such
investigation, adjust the subscribersrates or any other rates contained
in this agreement.
(c) Grantee of this franchise shall not directly or indirectly
reflect •the cost of installations in the price of sets sold by it.
12. If the trees in the City streets interfere withthe erection of poles or
-- the stringing of wires, or cables, in accordance with the terms of this fran-
chise, writ ten perm! ssion for removing said trees, or any part thereof, must
be obtained from the Departs:lent et Public Works, for trees on City property
.116,e end from the owners of private property.
13. In all street installations, the cable or wires erected shall, inall
respects, comply with the provisions of all existing Codes peataining to the
extension of wires across the streets, and all applicableprovisions of the
Electrical Code of the City of Ithaca. Coaxial. cable shall be used to carry.
the television signal throughout the street installation . Messenger cabin
shall be used to carry the coaxial cable across the streets,
14- The holder of this franchise shall, at all times, keep in effect the
• ' following types of insurance coverage:
(1) Workmen's Compensation upon its employees engaged in any .
- manner in the installation or servicing of its pinnt and its equipment within
the City of Ithaca.
(2) Public Liability Insunrnce in a total over-all amount of not
leas than $50,000. 00 insuring the holder of this franchise and the City of
Ithaca against liability' for property damage, and $100,000.00 to $300, 000.00
for personal. injury or death by reason of the installationservicing or
operation of its plant and ecinipment or installations within the City of Ithaca.
• 15. The term of this franchise shall be ten (10) years frola the effective data
hereof. The. franchise T7Y Lc autoatcally renewed at the option of the
Ae Grantee for an addittionl beriod extend jut to Day 1, 199J, unless after rev±tw
of the performance of the C,rnp!.:.ce, Grantor shall. determine that said perfo=nce
has been inadaquata. In vh:idb case tta Grantor may, open. one (I) month's Wt.,
notice to the Grantee, terinate t-.M fraachi_se agreement at the end of the
initial ten-year te:t:1, Ho,tevett thIs franchise may 10 revoked in the event the
grantee shall fail to comply with the terms and conditions herein set forth
within sixty day after written notice of such failure has been received by
the grantee.
16. This franchise is personal to the grantee, and may be transferred only
,4e on application to and approval by the Common Council of the City of Ithaca.
No permit or grant of similar privileges and powers as are covered by this
franchise shall be allowed during the period hereof except upon a franchise
applied for an approved by the Common Council.
17. The Grantee shall pay to the City Chamberlain annually a sum equal to
three per centum (31) of its groes revenues from its cable service operations
within the City, said gross reverries to include the "basic" charges and rentals
as set forth in paragraph No. 11 hereinabove and the charges and rentals as
set forth in paragraph No. 31 hereinbelow. The City may increase the per
century sum in the first sentence of this paragraph as permitted by law or
regulations of the Federal Communications Commission or New York State Cable
Commission. Such fees shall be and constitute a lien upon the property of
the Grantee within the City prior .and superior to all other debts, obligations,
taxes, mortgages, or liens of whatsoever nature regardless of the time of the
creation thereof, excepting herefrom any prior liens on the ,New York State
Cable Commission. Failure to make the rea ui.real. report or pay such franchise fees
1_
shall be ',rol nds for '_-e oca_t ion of this franchise.
18. Any continuous and willful v.iolation of a.ny section or prov?sion of this
franchise shall be g'cou )d ; for cancellation of the franchise, after clue notice
and public hearing, The right is reserved ' ? i n
to ��..- Grantee to prosecute1. :
any Court or other rise, any stealing, pirating or unlawful uses of the services
covered by this iranehise,
19. Ti
any section ^: this franchise e?Sie'_Ci']r'lll. or any c!aLluE'. or any phrase
thereof shall be he_'i..al to be uncoe.st itocional or void, all other portions not
so held shall be and remain in full force and effect.
20. The City recognizes that Grantee has already constructed its system sub-
-
r mana i ly throughout the entire City. Grantee shall continue to provide such
uf'iv i __ throughout
hlvu ;llLt } l: duration
tL2t_C1 Gf te franchise, pursuant to this "t`n
C11: e.
21. C astee shall construct its cable system using materials of good and dura s e
• quality and ail work involved in construction, installation, IIininte_nance, and
repar of the cable system shall be performed in a safe, thorough and reliable
manner.
22. The Grantor and. the Grantee have adopted procedures for the investigation
• and r 'sr1£-u -ion of all. come ..a.i. ,-s r •,ardi.. e. cable television operations. The
Grantee shall maintain. I? elC ca . business ol�.ice or agent for these hosurposs. Alpurposes. l.
complain:.s • all first be forwarded to the Grantee who shall_ maintain a log of
each co ;,?. . _.it, the date it was made, the name of the complainant, the resolution
thereof, the date i . l All o t int. resolved hr the
and �_e�. �S �u._ rE ,,o_...,� _on. co:. .oa not
Gr rit ee with'I f cue (1) week. atter receipt shall be forwe tded to the Grantor for
>,. , ,. f ) t idesignatedc,, i r_
rC'.viE_ }"C is.1_ the. �,11'::Y G . laC.•� C`2 :]'l S •:i7C:'.i3 or committee
l:t_E_`
has p 7. ,:,r;: . es onsi ;t.i LLy for the coutimiing administration of the franchise
nchise_
and i p., f'.c.rat.: _an of coi ielaiet: procedures. Notice of the procedures Tor
,„,0 reporting and. resolving complaints will begiven to each subscriber Cr1 )Cr it the LiI'CE.
ii of initial subscription to the cable system and at intervals; thereafter of not
more than one year. Such notice may be written or by such other means as the
New York State Commission on Cable Television.. may approve upon application by
Grantee.
23. Grantee shall not abandon any service or portion thereof without the
written consent of the City.
24. Any City or private property damaged or destroyed shall be promptly
repaired or •replaced by Grantee and -reto-':?d ,:o servicealie condition.
- 25. Grantee shall not refuse to hire or employ, nor bar or discharge from
employment, nor discriminate.
against any person incompen: action or in terms,
conditions, or privileges of employment because of age, race, creed, color, I
national origin or sex.
26. The City reserves the right to adopt, in addition to the provisions
contained in the franchise and. existing app Lirah._i e ordinances, such additional
regulations as it shall find necessar}' in th exercise of its police power;
provided, however, that such regulations are reasonable and. not materially
in conflict with the privileges granted in the franchise.
_
2I. The City reserves the right to 7nsn t all pertinent books, records, maps,
plans, financial statements, and other lib. su teriais of the franchisee:, upon
reasonable •notice and during normal business !lours.
V
28. This franchise is in compliance with the frsnchise standards of the flew
York St:ate Commission.ssion. on Cable Television and the provisions hereof are
subject to the approval of said Gor.mission.
29. a) Within thirty days of the receipt of final. o )erating authority, Grantee
shall post security with the City in the. - fount of $5,003 in the form of a
letter of credit or such undertaking as nay be acceptable in form, to the City
Attorney.
I)) Said security shall he forfeit to the extent specified by the City
Council if the Grantee fails to substantially comply with the construction
schedule herein specified .. r if the Grantee col "2:. :, a material. %readh ci any
of the terms and conditions herein prescribed. As an alternative, the City
Council may unilaterally shorten (_r decrease the tern of this franchise if
it shall find that the Grantee has 7elterially breached any of the terns' of
this franchise agreement.
c) The Grantee shall be entitled to notice and hearng, before the City
Council prior to any forfeiture or decrease in the term of this franchise.
d) No forfeiture shall be :i-mpoo:ed for failures beyond the reasonable
control of the Grantee.
410 e) In the event of forfeiture OE. pcX'i: or all of the initial security, the
Grantee shall within thirty days tis l e:::t.ccr Loot:. additional security so that
the total amount of security posted equals •,j,000.
30. Grantee shall file rel test. for all necessary sary operating authorization
the City of Ithaca,, :OIGl ic ?ii on Cable and the Federal ,o., , t
:t . i ili
Comm s:, _un within CO d..y:; from the date Lois amendment is granted.
3:1. The City has approved, pursuant to a public hearing held after public
notice, the following rates:
(a) A charge of $6. 00 per month per television receiver :Lay be
made for subscription or pay cable programming, i. e. , Ho;me Box Office.
t.tic.e.
(b) A maximum charge cfS2. 00 nor month per television receiver
may be made for the provision Iv i Ya._iee or a converter for the reception
of either subscription or pay cable pl.ogn.mlaing or the reception of additional
broadcast channels that:. may be received only with such convertor.
(c) The charges authorised in this Section are optionaland no
subscriber may be required to receive either of these services as a condition
to receiving the basic cable service.
32. Public Access
(a) The Cer<cohe Television Corporation shall provide one fu.l.l.
separate s ngle ch.dnn i for public access pro Lamming on a demand basis up
to end including an amount of time equal to too duplicated portion of a
parti.colsr channel.
(h) Thi.s s l .r, to, channel shall be lacatea between channel 2 and 12
,p r f by i >-1. a -:Ssuch �prC f
?Y Ll e(:t t,.C) � .ptiG . _._. C,r .xlw. i E.v�.r&i CC:,:.�ti"_"i. C t10: . G(3:._.aS�7_t)ia, if ) .^.1
not graitl_.zd, then Che cI annr'I_ may be other than 2 eh�oubh 12.
(e) Accass to the seva:.ate channel shall be provided on a first-
come, fs3_'st 'scr:ved basis :vagi,.. the :f o! lwing 7:iori.t.1_es
J�
(1) Local live pr'ogrealm:i na access
c�
(2) Public access
t
(b) Education access
(4) Government access
(d) Users of the Public Access cLannet shall reserve their time
at least one_ and no more than four weel:s in advance Ci: t-heir desired broad--
t'ast time; this provision may be waived in a particular case by Ceraceh_e
Television Corporation in its ..>.:lr discretion.
•
(e) studio t I'c shall be provided at a cost: not to exceed the
• actual cert of orf. rat=nt; the studio.
) The administration of public access bro.adcastl ng shall remain
with the Ccraeche Television Corp iration.
(r,) The City Cable shall act as the Common Council
;i agent in re ;olving bc,twen the t -t aeche T ]e "s"n .on Corporation
and public access users is the City of Ithaca.
(h) V .,leo to e., to be s?io-• n on the public access channel
:,i,,„ shall be delivered to the studio at .,east_ two working days in advance of
airing.
(1) All access broadcasts shall conform to all applicable
Federal Communications Commission and State Cable regulations.
3.i. By execution hereof the parties hereof revoke and rescind any and all
franchises heretofore given by the City i:0 the Grantee.
34. The Grantee shall also be reci: i..ed to s�..bml{t its annual financial state-
1
&1t:Tlts, Uniform Cable Commission i _•l? C_��:1 reports, candJStatelandt Federal
Income Tax Returns and any other reasonable financial information requested,
to the Common Council annually as soon. thereafter as they may be available.
The City may request advice and analysis with retard to said financial die u:.-,F iF1'-,s
etc. , from. the State Cable. Commission and outside accountants if it deems
necessary, and receive and consular the results therefrom, before any rate
increase hereunder shall be granted.
3h. The value of this franchise a.t: the end of the term shall be zero.
36. In the event: the Grantor_ annexes ad'_'l_i_io:s l land areas in the future,
then all of the conditions of this franchise shall apply to the annexed
area. In the event that the ner. land arca so annexed ed i s not wired by the
Grantee for the scrvi,ses set t c.. th herein, then a ceriatructien schedule shall
r be rnegot_ic.tt;). l:; _Boca. the. Grantor and the Grantee within. one year, o. ,be
City m y, at option, impose any of the ocanit.y ?roll sloe_ C:o .. _ ed
herein.Tl I the Grantee had T 3t J_%:11: breached any term or ',revision of
th.l.., franchise S_,ti:t_::':_2t.
IN .:IT ISS UdERLO . we have hereunto set our hands and seals 'the da; and
year first above written.
CITY OF ITHACA
• BY.
Nayor
CERACOHE TELEVISION CORPORATION
LY: _ _
ae
Ii
SECTION 2. EXECUTION 01•' AGRIELEN1'.
The Mayor el the City of Ith (-- ,.-a-aized to execute the
rn,levision Cable Yranchiso 4reeT:,e2c c• het ef Cry? City of Ithaca and
Cc-reecho Television Corforatien chols2c, reoi,37ed to execute said Television
Franchise Agree-ant or thsireachire shall he u1l and voif-,
SECTION 3. EFFECTIVE DAFE
This Local Law sha3I ta-,:e effect i=mcdjately after filing in the office
of the Secretary of State,
;41
••
• -
. •
.i .
STATE OF NEW! YnK )
coul-.-: OF TO=INS ) sS:
C11-1! OF IINACA. ) •
-,..:--
' .
1 Oe this day of 1977, -neforc. me, I.:..'H subscriber, personally appeared
Edward J. Conley, who, boin::: Ly L:-,e, duly •• ••.!ie::n, did depose and state that he
is Mayor of the CITY OF ITNAC , the corpore. 4on described in and which
executod the foregoinz in::..sLIueut ; ..hat he klics the seal of said corporation;
that the seal thereto affixed -1 'u.:1i car rate seal; that it. was affixed by
order of the Co=on Council of the. City o::: Ithaca, and that he signed his name
thereto by like order,
i,
I,
!' ...-
., Notary Public
STATE OF NEW! YORK )
COUNTY OF '.1,0'.:•MKINS ) SS:
CITY OF ITili.i.CA )
On this day of 1977, before me, the subcriher, personally appealcd
:::,.7 Ccraccho, T.,, i0.,, Ic he b-:,,, Tee duiv s-7o-!.-..Y1, did depose (.ilTd. state that h2
--- -7,,- , ,-,,-,,, , 1
is ..-Lrei&eni.: of UTR.A7C,',TE 'Zi._,L.L. I.C.:, .,.ortdi— .Lo.,, 1.-.,, corpora Lion describE=.d.
in and .uLich z,::x .c..-u.t.cd the 5o-,7cT;Dn',i; instru :eett that he 1,,nows Crie seal of
F.. -]..id oo7poration; tL:It the soal thereto affii... is such corporate seal; that
i it was affixed 1,7 ordc.T. of Cee Boar,:iof hiy7 ::7.tors of said corporation, and
i
Chat he signed his uae thereto by aiko order.
! -
...... _.........._
Notary Eublic
• .
. . .
. . .
•
.. -
..1 ,
SCMEDULE OF ASSESSMENTS
W. CLINTON 6 MERRY S s ZETS CURB & GUTTER
1976 CONSTRUCTION
Total Cost of Curb and Gutter Conetn ctionn $27,828.08
Total Length of Curb and Gutter Cernetwructi.o' 3,416 ft.
Unit Coat $ 8.15/ft.
Massseeen.t Unit Cost SOX $ 4.07/f t.
-Owner & Loc.ati cn_
per Taz Ro11 Lot FroTatt Cost
Stith, Harold H. 76-2-6 30' $ 325.60
Harald N. Smith
�.i
P.O. Boz 444
Ith ce, N.Y.
720 W. Clinton Street
Nates Floral Rotates • 78-3-6 139' 565.73
Rate. Floral Estates
1011 Neater Street
Ithaca, P .Y.
719 W. Clinton Street
;Fxee nen„ Bertha L. 6 H. Wallace 78-3-2 300' 1,221.00
Bertha L. 1'reaad' n 6 E. Wallace 78-1-12 57' 231.59
005 Cherry Street 78-1-1,1 2944 1„196.56
. 1thacaa, M.I. 2.649.57
J ohale e, Inc. 78-3-1 192' 781.44
hal, a, Inc. .
SO2 W. Seneca Street
Ithacm, R.Y.
, 735 W. Clinton Strut • ..
0nnelou, Inc. 73-1-1.2 302' 1,229.14
f Annelou, Inc. 78-1-1.2 491' 1.998.37
leof/- 726 W. Clinton Street 3,227.51
Itbaca., N.Y.
726 V. Clinton Street
Woleki, Bernard 78-1-10 CC' 244.20
Bernard Wolffhl 78-i-11 40' 1.62.80
127 Cherry Street 407.00
/thee*, N.Y.
127 Cherry Streit •
Gillespie, John R. S. 73-10-3.1 .0O' 407.60
0
John L S. Gillespie
108 Egaara Street
Ithaeca, N.Y.
102 Cherry Street
W oc&Ate, B. L. $ B. R. Waalla e 73-10-3.2 5,00• 2,035.00
Bertha Lee Freedman
110 fr pton Road
.Lthcc44 O.Y.
130 Cherry Street
Lown, Inc. 77-4-2 293' 1,192.51
\e..1Vallee* Steel 6 Supply Company
.. P.O. Box 405
Ithaca, N.Y.
802-12 W. Clinton Street
Turesik, Stephen & Mildred 73-11-1 150' 610.30
Steep)sn TuresIk
454 Sheffield Rem
Ithaca, H.F.
817 Teter Street
TOTAL 12,201.86
SC) ULE OF ASSESSHLNTS
H. CLINTON b MERRY S S t'.e tTS CURB fi G Ji C
1976 CONSTRUCTION
Total Cost of Curb and Gutter Construction $27,828.08
Total Length of Curb and Gutt�rr Crnatruct1.ar 3,416 ft.
Unit Cost $ 8.15/ft.
Assessment Unit Cost 50Z $ 4.07/f t.
Owner & Location
der I'agRoll Lot FrolEEME Cost
smith, Harold H. 78-2-6 30' $ 323.62
Harold N. Smith
P.O. Box 444
Ithaca, N.Y.
720 W. Clinton Strraaet
Matas Plortasl Estates • 78-3-6 139' 565.73
Mato. Floral Estates
1011 Hector Strrtet
Ithaca, H.Y.
719 W. Clinton Street
Freedman, Bertha L. 4 H. Wallaa s 78-3-2 300' 1,221.00
Bertha L. rroadaan & E. Wallace 78-1-12 57' 231.59
105 CLarry strut 78-1-1,1 296' 1.196.58
• Ithaca, M.Y. 2,649.57
Pchtlamaa, Inc. 78-3-1 192' 781.44
pc,lbalmaa, Inc. .
802 W. Seneca Street
Ithaca, M.Y.
733 W. Clinton Street
Annalou, Inc. 78-1-1.2 302' 1,229.14
&melee, Inc. 78-1-1.2 491' 1 998.37
L_ 726 W. Clinton Street 3,227.51
Ithaca, N.Y.
726 W. Clinton Street
Wolski, Bernard 73-1-10 C0' 244.20
Barnard Woleti 7Z-1-11 40' 162.80
127 Cherry Strut 407.00
Ithaca, I .Y.
127 Cherry Stre st
Gillespie, John R. S. 73-10-3.1 100' 407.60
•
Jahn. L S. Gillespie
108 Byers Stroat
Ithaca, N.Y.
1.02 Cherry Street .
Freedman, B. L. $ B. R. Wallace 73-10-3.2 5,00' 2,035.00
8artha Loa Fraud". n
110 Hrpton goad
.tthaca. B.Y.
130 Cherry Street
Looe*, Inc. 77-4-2 293' 1,192.51
Wallace Steel & Supply Company
P.O. Bos 405
Ithaca, N.Y.
802-12 W. Clinton Street
Turesik, Stephen & Mildred 73-11-1 150' 610.50
Stagban Teresl k
454 Shaffield Roams
Ithaca, N.Y.
817 Tatar Street
TOTAL 12,201.86
263
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7:30 p.m. April 6, 1977
PRESENT:
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer,
Nichols, Saccucci, Slattery
+ OTHERS PRESENT:
City Attorney - Shapiro
Asst. to Supt. - Dougherty
• Director, Planning E Development - Van Cort
Building Commissioner - Hoard
Chief of Police - Herson
City Engineer - Cox
City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
Jf) Mayor Conley led all present in the Pledge of Allegiance to the American flag.
0 APPROVAL OF MINUTES:
By Alderman Boothroyd: Seconded by Alden Slattery
▪ RESOLVED, That the Minutes of the March 2 meeting be approved as recorded by the
Q City Clerk.
Q •
Carried Unanimously
•
ADDITIONS TO THE AGENDA:
Charter $ Ordinance Committee
Alderman Nichols requested permission to add a statement concerning the New York
State Environmental Quality Review Act, upon which action must be taken on or before
April 1, and report back that a local law is being prepared concerning dealings with
this subject.
No Council member objected.
Budget & Administration Committee
Alderman Gutenberger requested permission to add an item concerning the Youth Bureau,
and more specifically their Youth Development Program and Youth Workers Program. In
addition, he requested permission to remove Item R-Hiring Moratorium from the agenda
as it appears the resolution would cause some grave problems and concerns in some
areas; therefore the committee would like to take another look at it before coming
back to Council with a final recommendation.
No Council member objected.
Mayor Conley
Mayor Conley reported that as a result of a staff meeting today, Chief of Police
Herson would like to meet with the Budget & Administration Committee, at a break in
tonight's meeting, to discuss motor vehicle equipment. Mayor Conley also requested
that resolutions on the agenda, brought back from the New York Conference of Mayors
and asking the municipality's support, be removed or passed by this time because
people from the Conference of Mayors had not met with appropriate committees as yet.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing- Federal Revenue Sharing '
Budget E Administration Committee
L By Alderman Gutenberger: Seconded by Alderman Saccucci
WHEREAS, this Common Council set April 6, 1977 as the date for a public hearing on
the use of Revenue Sharing funds as they relate to the entire City of Ithaca Budget,
and
WHEREAS, the Budget & Administration Committee of Common Council is presently reviewing
the proposed budget and may recommend changes;
NOW, THEREFORE, BE IT RESOLVED, That the public hearing on the use of Revenue Sharing
funds he nostnoned until April 20. 1977, at 7:30 p.m.
) Carried Unaniamously
-
,.--,a.......„: r t
T
+l++a.-...v ra.iw.JF+S,Y.:'.:2 .a :. .�.:: .. rrs. - �' 777 +......,.
t5
F
264 -2- April 6, 1977
•
COMvUNICATIONS
Ly Alderman Slattery: Seconded by Alderman Gutenberger
RESOLVED, That reading of letters which had been received by the Council with the
4 agenda be omitted.
I Discussion followed on the floor.
Alderman Slattery withdrew his resolution.
City Clerk Rundle presented the following communications:
Letters regardinC�ommoons Benefit Assessment
A letter from EdmundV. Hallenbeck, President, Masonic Temple Corp. , to the Hon. EdwaTT
J. Conley, Mayor, to the effect that the Masonic Lodge protests the Commons District
does not benefit that organization at all, and failing satisfaction of knowing what
benefits, if any, they have received or can expect to receive, and when, they will be
left with no choice but to pursue appropriate legal action in order to properly conclude
this matter.
A letter from John J. and Beverly R. Schindo, 10 Sheraton Drive, to the Council,
pointing out that they are owners of property at 115 E. State Street, and stating that
they are in full accord with Atty Edward King and their letter is to be considered a
formal objection to the way in which the assessments were arrived at. Further, in the
event their property is not equitably assessed, they will petition the courts for a •
full review of the same.
Letters regarding the involvement of the City of Ithaca with electric utilities
A letter from Louis K. Thaler, Thaler & Thaler, Attorneys and Counselors, to the
Hon. Edward J. Conley, Mayor, making several points in objection to the City of Ithaca
getting involved with taking over the municipal power.
1 A letter from William J. Waters, 428 Mitchell St. , to Mayor Edward Conley, also
i voicing disapproval of the Feasibility Study of Public Power for Ithaca.
A letter from Wendell L. Bryce, M.D. , 916 N. Aurora St. , to the City Clerk and Comm
Council, objecting to the Health Center, Municipal Power and the Elmira Road project
A letter from Vincent Giordano, President-Elect and Portfolio Officer of the Energy
Task Force of the Tompkins County Chamber of Commerce, to Edward Conley, Mayor and
the Common Council, expressing opposition to the city's involvement with electric power.
A letter from Vincent Giordano, Resident, Businessman and Taxpayer, City of Ithaca,
to the Common Council, expressing his personal objection to the city's involvement with
electric power.
A letter from Loretta Lucenti, 701 Mitchell Street, to Mayor Edward Conley, also
expressing opposition to the city getting involved with utilities.
A letter from Stanley and Louise Kordziel, 408 Warren Place, to the Mayor and members
4 of the Ithaca Common Council, also objecting to the City getting involved with the
1 power authority.
Letter from Fall Creek Civic Association re: Apartment Ordinance
1 Letter with petition attached containing 17 signatures: "We support the proposed
Apartment Inspection Ordinance. The requirement for a Certificate of Compliance,
the higher fines for violations, and the more frequent inspections will improve the
1 enforcement of city regulations, and will make Ithaca a better place for all resident-
4 whether tenants or property owners."
In addition to the above, City Clerk Rundle presented the following communications wf
I were received in his office after the Agenda had been mailed-out:
Reduction of "unnecessa d .lications of service"
4 City Clerk Rundle read the following:
i
Hon. Edward J. Conley, Mayor April 4, 1977
1, City of Ithaca
108 East Green Street
Ithaca, New York 14850
1
Dear Mayor Conley:
i ''' (Please read this letter into the minutes at the next Council meeting.)
-3- April 6, 1977 265
As you may be aware, the Human Services Coalition has, as one of its major objectives,
the reduction of "unnecessary duplications of service." For many reasons, this has
been a difficult and controversial task, but one which we view as crucial to our success.
We are currently attempting several approaches to the problem. One key criterion in
our Review and Comment process is "non-duplication of service," and some proposals are
rejected on the basis of failure to meet this criterion. Also, we are trying to edu-
cate everyone involved in human service programming about the importance of non-
duplication. Finally, we are trying to devise new methods of analyzing existing programs
to pinpoint duplications and the potential for consolidation or elimination of dupli-
cated services.
L. I am writing this letter to request clarification of the City's position on the issue
of duplication, and the potential consolidation and/or elimination of certain services.
How do you feel about these issues with respect to agencies and departments which you
fund? Would you like the Coalition to spend a substantial amount of time analyzing
the problem with respect to the agencies and departments you fund? How should the
Coalition treat the results of its investigations (i.e. , private consultation with
Council members, informal list of options made public, formal specific recommendations
to Council, etc.)?
inI would appreciate your thoughtful consideration of this issue. Thank you.
If)Sincerely,
0
<Anne T. Jones, Chairman
Q Human Services Coalition of Tompkins County, Inc."
Q Resolution
By Alderman Holman: Seconded by Alderman Boronkay
RESOLVED, the letter be referred to the Human Services Committee of Council.
Carried Unanimously
Parent Board of the Drop-In Center s
City Clerk Rundle read the following:
"Honorable Mayor Conley
LCity of Ithaca
108 E. Green Street
Ithaca, New York ,---
I Dear Mayor Conley:
The Parent Board of the Drop-In Center would like to thank you and the members of
Common Council for making it possible for us to continue our service to the
families of Ithaca and Tompkins County by providing us with space in the Greater
Ithaca Activities Center.
Our program is thriving and we are energetic and happy in our new, sunny location,
which is so well oriented to the needs of young children.
We are most appreciative of your support and would welcome visits from interested
members of the Council and the community.
Very truly yours,
Terry Michel Kathy Rodgers
Chairwoman, Parent Board Director
The Drop-In Center
treater Ithaca Activities Center
;18 N. Albany Street
thaca, New York"
City Clerk Rundle read the following:
"March 4, 1977
Mayor Conley
City Hall
108 B. Green Street
Ithaca, N. Y. 14850
Dear Mayor Conley and Common Council:
-4- April 6, 1977
266
The Greater Ithaca Activities Center appreciates the total concern and interest
given to the adoption ani support of the al-up-in Cencer Program.
In allowing for greater access to this community facility as well as the downtown
business community has strengthened and enhanced the city's commitment to service
the needs of its -residents.
Your time and support is truly appreciated. •
Respectfully,
Dennis M. Byron
Executive Director .�
G.I.A.C."
Municipal Power
City Clerk Rundle read the following:
"March 17, 1977
Mayor Edward Conley
Green Street
Ithaca, N. Y. 14850
Dear Mr. Conley:
Some time ago I sent you a letter regarding the unfortunate experience that the
City of Cleveland had with municipal power and now I am sending you an article on
City Utilities which appeared in the Wall Street Journal on Wednesday, March 16,
1977. As far as I can tell, the only reason that Ithaca could possibly benefit
from municipal power would be if cheap hydroelectric power were available to it.
I cannot believe that the state will be able to generate power from coal or nuclear
energy more economically than the investor-owned utilities and it seems to me further-
more that a municipal power facility in Ithaca would have problems of management,
political involvement, and financial controls similar to those outlined in this
article. I think it is something to consider seriously before the city embarks on
program which might prove costly and unfortunate.
Sincerely yours,
John W. Hirshfeld, M.D.
enclosure
Copy given to each Alderman and Mr. Rundle`:'
New York State Bicentennial Barge
City Clerk Rundle read the following:
"W=vor Edward Conley
City Hall
Ithaca, New York 14850
Dear Sir:
We would like to confirm our interest in participating with an exhibit in the
New York State Bicentennial Barge this summer if it is anchored here in Ithaca.
As you know, the Children's Museum group is an organization of parents, teachers,
artists, scientists and craftsmen formed to bring participatory, "hands-on" exhibit
geared for children and families. We hope one day to establish a permanent facilit'
for exhibits and activities in downtown Ithaca. .�
Last summer we brought our program to some 1500 children throughout Tompkins County.
From our traveling ' Museum Caravan" wagon we offered activities from puppetry to
"50 Ways to Blow Soap Bubbles."
The Children's Museum group anticipates that the barge, which drew so many visitors
from throughout the State last summer, would be an ideal spot to reach a wide audience
i with family-centered activities.
Sincerely,
A
Alice Walsh
Vice President, Board of Directors
The Ithaca Children's Museum"
'r ..:ti.::J..1tll+.n+alkal i::OIt449 li�Y ffi*S�H&'.Yf'cY
-5- April 6, 1977 2 "7
R.S.V.P.
Mayor Conley reported that several letters had been received from individuals and
social service agencies in and around the county requesting funds to provide free
bus transportation for counselors who work in social service programs. It is a
program where senior citizens are trained as counselors and counsel people within .
- this program. Mayor Conley said the attempt has been made to work out some system
to get passes for them on city buses and it became difficult from an administrative
standpoint so the suggestion was made that they contact the Council and request them
E'.
to appropriate money for this. He informed the Council that the matter will be handled
at the administrative level. k
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Mr. Fred Schramm, Conservation Officer of Tompkins County, appeared to request that
action on Charter $ Ordinance Committee Item A, Revision of Ithaca Municipal Code
Chapter 65 entitled, "Public Safety" - Ordinance drafted by City Attorney by unanimous
request of the committee in order to control the trapping of animals within the City,
be postponed until next session to give him the opportunity to meet with Chief of
Police Herson and the committee to see if a compromise agreement can be worked out
' so that the proposed resolution is not passed. He feels it could cause problems. 3
Chief of Police Herson commented that he feels the proposed ordinance is more
restrictive than it should be.
0 Mr. Douglas Barkee of the City Fire Dept. , spoke to the issue, saying he has trapped
Q within the city for muskrat for the past five years and he and others who trap feel
Q the story in the newspaper is out-of-proportion. He commented that in five years
Q he has never caught a dog or cat in his trap.
Alderman Nichols withdrew the resolution from the agenda, thus postponing action on it.
4.
Transfer of Television Franchise
Atty Walter Wiggins, 308 N. Tioga Street, spoke to the Council to seek approval for
transfer of the franchise from Ceracche Television Company to The American Television
and Communications Corporation. This requires a public hearing and he requested the
date for the public hearing be set at the earliest convenience. He said he has met
,pith the Charter G Ordinance Committee and given certain materials to them. He
affered brochures to anyone having an interest. He spoke to concern of analysis of
.hether the ATC is financially capable of fulfilling its responsibilities under the r7-
existing agreement and whether or not it has the expertise and capability of operating
the system with the same high quality enjoyed under the Ceracche Company. He reported
that ATC is. the second largest Television operational system in the country. It owns
and operates 100 systems in the United States, serves 600,000 subscribers. Two items
discussed at the Charter & Ordinance Committee meeting were:
1. Public Access - The new company is familiar with it; it subscribes and supports
the right to public access and would intend to continue to make that channel
available for that purpose.
•
2. Local Programming - This continues to be a problem throughout the country because
of very high costs of attempting to maintain local programming at professional
level which comes somewhere near the levels of national broadcasters. ATC has not
enjoyed much greater success with the local programming than the Ceracche Company
has because of rising costs and the necessity of passing those costs on to the
subscriber. A proposal has been submitted to Ithaca College whose Board meets
on May 2, 1977 and it is hoped they approve that proposal which would require the
College to provide a minimum of local programming during the period of time the
College engages in operation, but not during its vacation periods. The new
company has agreed to that proposal.
. :ty Wiggins informed the Council that the ATC is based in Denver, Colorado. A
•gional manager of the company will cover the eastern area and a. general manager
11 operate the existing system in much the same fashion enjoyed in the past. One
ether system within the East is operated by ATC, at Albany, the seat of the New York
State Cable Television Comission. ATC actually developed that system in Albany and
enjoys a fine reputation in that community and throughout the nation. Atty Wiggins
introduced. Mr. Joseph Collins, Vice President, American Television and Communications
Corp. , to the Council.
Alderman Saccucci asked Mr. Collins if his company intends to make changes outside
the present agreement. W. Cn+iinc i'f=rc t,Le ATC fully intends to live by the
terms of the agreement.
268 -6- April 6, 1977 .
Mayor Conley said d hi hopes trio coamunity can get the same high level service
enjoyed with Ceraeche TolovL ion Corp. wu .c r lia7; been an asset to the corm-unity.
Resolution
By Alderman Boothroyd: Seconded by c1.d.en an Dennis
RESOLVED, That the City Clerk be directed to advertise for a public hearing to be
held at 7:30 p.m. , May 4 , 1977, at the next meeting of the Council.
Carried Unanimously
✓ Ithaca Commons Assessments
Atty Edward King, representing the Lentley Corp: , owner of the Realty block on t
I.E. corner of Seneca and Tioga Streets, in the secondary district of the Cormnon:
presented a proposed resolution re. Ithaca Commons Assessments to Common Council
to consider until the Secondary District Assessment could be reexamined and
considered:
"PROPOSED RESOLUTION RE ITHACA COMMONS ASSESSMENTS 4/6/77
(By Edward W. King, Attorney)
A. WHEREAS, the Board of Public Works levied on December 8, 1976 for the construction
of the Ithaca Commons under five benefit district formulas; and
WHEREAS, a public hearing thereon was held by said. Board on January 26, 1977, at
which objections were raised by owners of a number of properties in the Common's
Secondary District (which properties have no frontage abutting directly on the
Ithaca Commons, and all of which were proposed to he assessed under formulas
"4" and "5") ; and said Board then took action to approve said assessments without
change, and filed a schedule thereof with this Council for its consideration,
requesting approval thereof pursuant to Ithaca City Charter 55.47(5) and (6)
[as adopted May 19, 1976 and amended March 2, 1977] ;
AND WHEREAS the objections of said several Commons Secondary District property
owners to formulas "4" and "5" have been presented to this Council;
AND WHEREAS it appears that of the total amount of said assessments of $949,33!
'.
some $189,380 [viz. 19.95% thereof] is the amount assessed against property
owners (other than the City of. Ithaca) in the Commons Secondary District under
formulas "4" and "5";
AND WHEREAS proposed street improvements (not yet designed or finalized). in the
Commons Secondary District provided, at least in part, the rationale and justi-
fication for the proposed assessments on said. Secondary District properties, and
the exact nature and extent of such Secondary District improvements is as yet
undecided;
AND WHEREAS it appears that there are no unresolved objections to the $759,950
[80.05% of the total] of the assessments of City and Commons properties under
formulas "1" and "2" and. "3";
AND WHEREAS it is likely that the intended in' roves erts to Secondary District
streets will be finally designed and approved within the next year hereafter;
NOW, THEREFORE, BE IT RESOLVED, that said assessments under Formulas as "1", "2"
and "3" and. of the City owneo property in the ar,o'Int of $759,950 [Schedule as
fellows] , be and the same hereby are approved and confirmed, and
BE IT FURTHER RESOLVED, that the City Clerk he and hereby is directed to prepare
a Warrant (sale as proposed. under Budget and ado nis t ration Committee
Agenda Items) ; and
BE IT FURTHER RESOLVED, that the other $189,320 of sai ci.proposed assessments
i.aider Formulas "4" and "5" are hereby deferred, and are hereby referred back
to said Board of Public Works, to be reexamined and considered [at least one
Public Hearing to be held after the proposed Commons Secondary District improve-
ments have been designed, and such design approved by said Board] , the said
Board to proceed with the re-apportionment and re-assessment of such amount pursuan-
to the provisions of City Charter 85.47 the same as upon an original apportionment
and assessment; and
BE IT FURTHER RESOLVED, that the interest on the bonded indebtedness represented
by said $189,380 of deferred assessments be paid by the City from general revenues
until such time as said $189,380 of improvement costs have been so finally
apportioned and assessed."
-7- April 6, 1977
269
Mr. Edmund V. Hollenbeck, representing the Masonic Temple Corp. , which is a meeting
place for fraternal organizations, a non-profit organization formed under the
Benevolence Orders laws of the State of New York, Section 7, protested the Ithaca
Commons assessments, and again requested that the Masonic Temple be excluded.
Municipal. Electric Power Task Force Rte ort ✓
Mr. Francis Moon, .507 Turner Place, m4mber of the Municipal Electric Task Force,
presented on behalf of Richard Soh—rata—a, Cna iiman of the Task Force, a final report
which recoim ends that the city conduct a feasibility study for municipally-owned
and operated electricity distribution system.em. l_ -4til of the twelve members of the
Task Force concluded that a city-owned and operated i.ed electricity distribution system
offered substantial potential reductions ions in electric costs for the citizens of Ithaca.
'They concluded that from 10-30% '.ower electricity costs could be obtained tinder such
a system. This would amount to savings to the City of Ithaca of between one-half
and one and one-half million dollars per year initially and ::1 a projection for the
next ten years these savings would likely grow. The Task Force was not asked to
recommend on whether or not the city should acquire such a system. It was asked
whether there were any obstacles or pitfalls that would ureclude a feasibility study.
They concluded that while there were some critical issues, none of them would he a
major obstacle to establishing the system and that such a system could he a source
Intogreat savings for the citizens of Ithaca. They estimated the cost of such a. stilly
1 / to be around $30,000 but this must be weighed ghed against the potential returns to the
fl citizens of Ithaca of electricity cost savings in the millions of dollars. He added
() that the Task Force has essentially conducted a pre-feasibility study and since they
Q
have gathered a large amount of information on financing and legal aspects which
represents hundreds of hours of the members of the Task Force at no cost. to the city
Q other than the paper for the reports, they stand ready to assist the Planning F�
Q Development Committee of Council.. in their deliberations on the desirability of a
feasibility study on municipal power.
The report provides the rationale and documentation for their conclusions. The summary
and recommendations were presented to the Common Council in a great deal of detail on
March 16, l977. The summary and recommendations and a complete draft of the final
report were approved by eleven of the twelve members. Editing of the final report was
conducted by a. subcommittee and then under the pressures to get the report to the
Council by April 6, editing was conducted by Chm. Schramm daring the last week. He
therefore takes responsibility for the final edited version.
Mr. Moon said that since meeting with the Common Council in October, the Task Force
has obtained two pieces of inFo oal._ion regarding the electric distribution system--
first, Mr. Paul. Lomar, NYSEG Corp. , gave revised figures for electric power usage
in Ithaca. He had recently learned that power to the Morse Chain Company is metered
outside the city and if these figures removed, isa request
� � fi`.ulcs are it now estimated that rc:�tae.�t
for power from the power authority would probably be in the order of 25 megawatts, not
30 megawatts, thus improving the chances that such a cosunitment may be obtained.
Second, in recent electric bills and cost estimates and savings the Task Force used
the figure presented to them by the NYSEG of 4. 1y per kilowatt hr. for the residential
electricity use; in the last month. there has been a fuel adjustment cost which the
Public Service Commission allows the utility company to pass on to the customer. The
net effect of this fuel adjustment cost increase - the cost per kilowatt hour amounts
to .15%. If this increase were to continue, this 15% would be added savings over the
10-35% savings estimated on the 4.14- per kilowatt hour figure.
Mr. Moon said additional copies of the report will be made available to the press
whose copies do not have anpendices. Members of the Task Force will hold a press
conference at 4:00 p.m. Thursday, April 7, 1977, in Common Council Chambers to discuss
the report and answer questions from the press.
Mayor Conley expressed thanks to Mr. Moon and the Power Task Force on behalf of the
-moor CcLi!.ci..l .ani himself.
'13-iFET t-e'71P T17,1 _mesen t tion
Mayor Conioy slideI ejo .a an of (he rrii`5r, prefaced Ili' a brief in t1 :
Last at1�ftt_r_.'.i( 5� .,Y ' _ _ .a) - a..7 p " T,ge
l
.,T # i..?i. f',' ; c.t,'Tt l .,.'
offering the 1! >- permanent e . . . I_.+ l fi . A)..;:t a I ?I :h , lfCos;
approached Mayor
C_ 3,1y, in{o+ r }-.; ;;i:'? of r[ , t'p!: ofa letter y :'1 the Pi ,,, e"5'.l 1
1;1to al...
'i/t';Wc'.6 1,;; Z,. r' '"`l t?E:r With s
aid P. Cc:.. 4'.i". It i :1! .!_,...., in , ,,qy, :11'.C.,'li l l _ t!... ..
the baa`; .` 4ye_l �.';]r;';1' ?(lout :!: l:! ai] I (J!t( !l.'i'
-8- April 6, 1977
270
ccpls of ieJlich wer distrbotcd to membore- of the CeunciL If the Council were to
continue, the next step at.' be to contact the Governorts Office. expressinc, the
cj-ty'F interest in L!Ji7Ji:::!: T, forrpl nr:: en .tc i. ,i :,,,, th, 1 The
(;o-kior has reccd. er:o ,)J:.cr T7.,IOJT--f. -t. iT.::. .L a-let. Sa.pert nuseum in
Manhattan. The supportat the State level fm he City of Ithaca's application is
duo to the fact that on July 3 and 4 of last year, when the barge was in. Ithaca, its
aLcl!h.ce WaS higher then :Ii.I.Y Of Olo OL.T .! . 1 •tee: t01.107_2t the on, In-
cluding the stops in . .;w i:ork City. The City o± itnaen did an outstanding job of
coordinatingits activities with Tioga, Broome and other neighboring counties and • .
many people came here because of that.
The proposal includes a. letter from the Executive Director of the Finger Lakes; the
Mayor also met with the Tourist Council of the Chamber of Commerce who passed a
resolution. .-.
At Mayor Conley's request, Richard McDougall, a member of the planning staff, went
through the formal presentation whichthe city intends to make in the Governor's
Office, including the history of the barge, current status, etc.
Mr. Tom Niederkorn spoke to the Council saying he sees this as an opportunity in terms
of what it might add.. to and. solidify the image of Ithaca which the city has been trying
' to develop for the past ten years. it will contribute to the activity of the park
in the sense of Ithaca as a focal point for recreation andculture in this whole region..
He said it is difficult to measure the cost in benefit.
Mr. Charles L. Quenette, 1 Cliff Park Circle, presented a letter from Ralph Jordan,
Tompkins. County Chamber of Commerce: "Attachedherewith is a resolution adopted by
the Meeting Conference of the Tourist Council of the Tompkins County Chamber of
Commerce. We trust you will give this matter careful consideration, as did the many
members of our council. We feel that it will be a distinct benefit for the Ithaca,
Tompkins County and Finger Lakes area. Had time permitted, our Board would have also
been asked. to make their feelings known to you."
Resolution attached:
"WHEREAS, the City of Ithaca has recognized the great potential and need for more
tourist dollars in our city and county, and
WHEREAS, the City of Ithaca has recognized that tourism in our community can be the
romber 1 growth industry, at present second to education, and
WHEREAS, the City of Ithaca has another opportunity to encourage more people to visit
the multitude of resources offered. here through. culture, historic sites, natural
settings and warmth of its people, unparalleled anywhere, by the acquisition of the
New York Festival Barge, and
WHEREAS,. the City of Ithaca has the opporwnity to be the focal point of New York
State's 200th birthday anniversary with the Festival Barge through restoration of
donated exhibits similar to those seen by hundreds of thousands of New Yorkers and
countless numbers of out-of-state visitors attracted by this floating commemoration
of U.S. Revolutionary history, and discussed plans for pemanent year-around mooring
at Ti eman Marina State Park, and
WI- TAS, the proposed acoeisition from the S1 :e ef New York p_ •-a promie of the
Departnant of TranporLation. to tow ,_,,aici barge at no c-hare to the Pity of Ithaca, and
WHEEAS, the trip -1-.tom Albany-, its pn..:_lc.nz: lo,....7an, to it nice will geeerate statevide
and possibly nationnl tnnWoi-t.,y for cer c.c. alit'y thr,..DuJAthe 1 cclebrdtioA. af
planned music and salutory greetings by peer eonadroes, and individual boaters during
its 3-day journey to the southern. tip of Cayuga Lake for its final mooring location, and
WHERFAS, the future Boardman Planetarium shall attract many school districts and vis. -5
from outside our community, so shall toe Festival Barge, and
•
WUERFAS fh.e. Finger Lakes Region, with. its 14 counties, shall have an opportunity to'rrT"-
hibit much of its heritage and places to visit, so shall the City of Ithaca and the County
of Tompkins have greater opportunity to encourage visitors to spend money- in CUT communite
through overnight stays and retail purchases, and
FIFREAS, the tourist dollars increase sales tie( revenues much needed by the people of OUY
cemmunity thus ennbling us to meet our budi7et needs and future dreams to provide a. whole,
some and. exciting place to live;
THEREFORE, BE IT RESOLVED, That the 1., e,ting Conference and Tourist Council of the Tompkin
County Chamber of Commerce, the independent budgeted council of the Chamber of Commerce,
hereby pledges nanpower, promotionalpublications, its information centers, council memo •
merchant cooperation and whatever time, energies, talents are required. for the success oi.
economic health and human enrichment of our community through this proposed long-term
area attraction; ._
.. . .• ,.. ..„.•... ..___-_-_-------------,-....neen,eneeseessesyse..-...es ee,,,ese . ee•sees 7,. •.'_':::.i:.• ,: .::rf.--. •:.--. •- '•. . •
0 •
J"` April 6, 1977 271
T ]EREFO1E BE IT FUIZTHER RESOLVED; the Meeting Conference Tourist Council urg,e,
the
--ire
City of ltha.ca Comiwm-1 Council to 'vest its powers thrc.,,ugh approprvite .4.pprova,'.. to acci,
the New York Festival Barge :Eau- the State- of New -York.
5...igned. by Doreen Davis, Tourist Pregrain Adminstrator
Arthur f --trCie L.{701 i 0 D i C;C.t.01 „
Conatv ChPWiler uoMMerCe
Ralph Jordan, E.xec. .Directc,w, _Tompkins
Charles L. Ouenette, Ge.i‘eral ChaarnAn, Neetir.g Conference II
April 5, 1.977"
Discussion followed en the floor.
elution
By A.46.!%17Ma0. 600thrOydt SeCaiTkd by Aldermon Slattery
RESOLVED, we respectfully thank C-!overc,
r 01 Statf.; of Nevi York fo:r the offer
of the Barge, bute decline.
•
A -rote on the resr.)lution resulted as -f:ollows:
Ayes (7) - .123rdoni, P.onilroycl, Dennis, Gutenberger, Holman„ Boroakay, S7.attery
Nays CY) Nichols, 1,1eyer10 , Sac..cucci
Carried
LO •
0 r"- -'SIL
,er )or Coi%ley info ed the i..k-irancal that Maty hacl inf -o,-TI.,.r.-",(3. e
nolon2r.r. 1}e able to seive a C., -;rnission,„-:r the itiviTollmental. CommasioC' I7 J ieid n.
(-Tryvc tro‘- P•7.trici a. M. Carlson, Chairmen of
<IC the EllAti lelliiile:',1t;,11 COMillif.;Si ;n, SUggeZting COnS ide3 it Of :NiS CUcflcterlrrg, ,
Hiliview Place "I's a po,:sibla a..)pointee to rerJace Linoola on Lhl CommIssion.
Nhyve Conley appointed Ms. SUsr Sterling a Cehmissioner on the Environlrental Commissio2-
,
Resolution
lqchols: Bordali.
REFIYINfiD. 'That the appolazn-L-. of: Ms. Sterling by the Mayor to the ErArironmental
Coniission appyovcs1.5
Carried Unanir,1311Sly
CITY ATTOR'••1EY'q.P-1PORT:
—
Ci.ty Eitty tliat the city 'been served. with papers in regara to
appel,,o. 07:7 Dr. Bavir to aI g AT a month
ago (an Arti cl.e reported that tile City was also served with a
CC mplaint lowing an earli;:x solcoops in. the case .of Wssicci v the City of Ithaca
• and Freeman regi-rdirtg the 14a.s5icc1 building on S. Coyuga Street. He repo-rted that
i-LOW has j 1 c Lvariolis other TJapOrs 1, JII MOh J OR Co-fp. With re Spe'Ct
to the OuildirkgWnic....b. is to be the Pri17 Health Care Center, and expects to
have a closing On that withlr, a month. 3.%.:Tort'.ed, he is involvea with 2 or 3 la -
suits with MTS. Muka. He laperted recfApt of a favorable: decision regarding a.
Persomel roFxtera V aha-reperted that cn April 7 there is a motion for summary
juogment rending in the Fr...r,yeeme C(:?Urt.. by Honover Square t) eeka to -.foreclose
the property owned by -CDC Ithaca. In their surnary jud.gmeot papers they concede that.
any foreclosure will be .-,,,bect to and. s*ordinate to all the agreements of the City
of Ithi..-,-:;. GTO. Urban lieneWa MAT 5.thopirox.ad he will :mhke sure I LC the
judgment sets forth the rights of the City i-a accordt;mce,with those agreements.
•
City Attorney Shapiro reporti::...2 he had bc:N.-!n aporoac2icd by a Cornell University second--
year law student who M1dC ciffer--ix;(1..!-r a Work-Study PreCornell University.
will pay WY; of hiF, salary over the sumraev (Jtme, JO))', August) if Atty Shapiro will
• „, ,
hire.hhh Top .limit °I salary is .!.'•1000 0:17: which the City woUld pay $200 A.ich Atty
Shapiro believes he hasin his i:;17.det, a3.1,1 if so it will 1).: his hitention to
c‘.7,:.:1' 'ea F r Al3o, there . t1e•possibility of 0mi:hitting
the Work Study Erogram. nox4:
Cancer1eek
1v:r. To4LhOar0 road the Lriotion by the M:-.1y0. designating Cancer Week:
toS wtA.1, to millions of Anriens
CT LAIC! i.0 r.
S !: ?!,-; C:tr.( th„is
,", , A. throu,th itioroyed.
, •
71Th IS a. 10:; tv.,
—
272 AprI,I 6, 1977.
• '2;1 ';‘,0 z-.;'.f Orld "Warn ino- orr.11,-;
4 .$ '
- _ , 00 W111',.".
C V 0 I" 1
CO Ia.:reoy proI 11J
,
„i ,...nat the wk ef
aud nrge nil to join me in supporting the Cancel
ior ous
1.J.TEREOF, '
set my c,'::used to be affixed thL e 0-rw"0"
(..:!.ty of Ithaca, this 22.,)1 dev of 'N'I. • %.•
Eilward. J. Conley
"
firc. llontd end Ruth Ann Brown, Secretary to Nayor Conlv, o coordInat
ey, have agreed t ' --
the drive for e',101oves. e
Council recessed at 10.:09 p.m.
Council recom7eao1 into guiar - 'n
PAIL
.11).`41..'Li !-(.;\:A _LON _
C•of:e,!ons •
4,,ra,':';‘,11- (2,•:•t-•_‘ • ••••-•• •• ••••• 4
02, ocde.d by Ald.,-,:Tman
UA 011. 1976 for the construction
of Ithaca Com-m-Als, and .
EAS, a pu"!)11c hoarin2 thereon was ie b-I by - -auary 9
-c - 77
on pt
ha:len time C6e Board .4ctica to pproYove essessi.cents .1"-td- fild-
LcnecAule thoreof t,lith thisCo-o-A-it-.41 for confinkii:U'a
F.,r; TT ppocii vr.ro - — $ "•••
- 01n0U117.-. ot
$9,1.9.330,49 (schedule IR Mr1;1111:;" :same her:-7,by ,- o -v-1 -nu '
ptoeu a .
arid
FURTI- ift RESOLVED, '11lt the City Cle-ck be airJ rerobv is directod to Drepare a
i':ellact on the CityCh.,:imbeCiaia in accordmIce with such scl.:ednic for th- ccfiectiou
of said assessnents; and that the flayo-i. CifIrdz authorized to ,s- gn and •
execute said Warrant, w.112reupon all such a,-.;sessiD.::.;,Ls1 beccine and p.9NrCIT)1,'. on
the dat-e that the City of itbocn lro aud sh.:2.11 become a
o-.F. the tax bill; ard on all s:Tch assessrnts, ov: postien the6of '1'.. 1-1.',J:0.tag unpaid
bear the same pelLlty as unc,aid taxes and, .rat the City
Chfraherlain may alIow psTsons to pay t.17i.f.' in nineteen equal in,,,:tall-A1-..ents
T.,i.th interest at 5,5",6 on or abeui.: • any
idesit:Aro„F to make one lunro so the first
a..16 141 havitic. asse,ssments oc OT
..1.-,avr,onts in ar.-rears, and reinainihg urpid 31 the cicso oi It tax collection period
s,haft 1,.:1011 .10d ey tN 1 ty -J...., An
November each Year followin)„.7- six.2b city tc,ix s,2•Cn pro....)etty sh:111
he sold for ain/ 2.:: SMeLi.:7. Or 1:Ort10.1..3 topdlo
n.v..4, together wi i 1.i!(1it 3 14 I. Cl;:
wL61 all intorest, foes aoc't penLit-les that Allay have
Discussion fo'flowed on the floor.
A vote or the zosolution res4,:itsd as follows:
1 - P-1-1.vn (.1-otenhe.tor Holmnr.
Aye:7 (9) - .13ootnroy .; , „_ . . iL
,
Saccucci,
Nay (1) - J':•loyer (pro;.:( st vote)
Carried
_ - ---
NG 1.71- T..11;V1 :o1Isso-1, r c()Yi•TrITE.:
t A 7•10!•7:-:'1'
4 k
Thet this Come. n Councli th;-: I I I PJwor Tasi:. Force r.(Tort on
olectrc pow.2r apd tefef it to tic. 1j41 Doveiopte,d
Unantously
-11- Anvil 6 1.977 .
273
96
it It,•7.-;_wor rc:,.-r)o.rted there
111: 1)cf :its own
to sLuOy and t.i1.I (10,42 pAth. a
s,rryidc,d
1.1.2.ve consistntly opted. 2:F!...;:c.",".4" city
Pt the conflunce of ra.scadilla Cxoe and Cayuga lor
such as a sewer trcatren t plant, ey3Rpie:•
(1) The 1924 plan for tile city by its first pl.annr.i.:4.. c?nsi..1-1t9-5;1J.,,
(2) The 1931 plan for watcriroilt and, patk dovelopmen. by the s.,iLy vJiglneer
(3) 11w I9S9 Urban Gener:.,:.1. Plan
(4) 1L 196j !.:.!-fld current
(5) The
(6) 1971 1:k.,.d. ra7i. nail •
(7) Tho 1974 Ca.yoa
,
rfl' PPW .v 1iticr
(9) T.r:o Sc
cos has
0.1 2 01111
17 the Nafor the — ti
21.f.S111tO1 1fof
Of: ;!,,:.11
ef f'.';OWef Lijit p?- rit be rio..ceptf.:ni_ . .
•
7").
i I ,..
tbr:2 cfloz‘:57r.=
efi.-.ect orid
in fity,
•
tLe City -0-)e caos;Jle of Hill Schflol the first !* 1:(.--.p 13a tile con.-
t.bia City ari.6. the rest of LS distiict the poteiltA'7,!..J
WT.17.E.VaiA ; CC,;C;CCIP.'.i: Of CiTY itS CitiZe•ilf; Te(20°.-0-1;..2"Rd
djToctly by th , th.xog!, Urplepatm.dauct
the ce-c-11. for the effects of itS
cif" ef its city
• , TT coui....inu to at;... Iit
is 1i. cf c.J2 371.(1. ii L
it this :':1 C-'' .. ;
OP. fo-lic..7',W1 en -t.310
AI01,3rA,11-1 .ne by Pk12,1":::-.,Aan
t.
17.1
V010 roscAutim
5 3
13.!-.1r Ikbjch
• I .. I ! •
•
274 •
•
• ",3 33:.33 3".- 5111w
. . „ .
. , .
,!,,
f-;1,44:; :,
WiJA. ;Jat Or lolnale
to r. rich
to
J..ecuJ 10;Alky adopt the
W. tlie Eavier;i1ootai Qilatity Revi.;:w
law by the. juge 1 imple-
11 date, to • gt.i.Lelirlosii to directly
U:lci.ert..alf ::71 by
BE .1:T of 3;:Le
a,.33d .1-3-:Yr • on the
ac;ept.a.C,11 (Tt, j.1Z,,•1t U 0!1. May 4 1.977, at.
A 10.07
fere,1 3.i.i!:•5p:-.( oa of City wi.11 To:..a.71t i1i a general'.
uP:.?,radrg oi the (Tu.li.ry
P.I.J.kur.ing 01.....;14'?:ne.. 017. .t,:e'ries of
Oft a
1-1c:• "9r01:',1c.1 Cc2nt";4133:.),te to the
f7.1.-.!),...-A IA C47. Ctade
,
OL:L 1)-1:03.1-kanc.0 ,
FT..i): Iff.E.:R • . and.
for
00.. 1:1.53
•
r;a the n..:9.-.31r.tjen
ATWTNISTTJCN CCP,5171.77.:::
77- 'cc C /7?)
{3'701
c:o71ra.3713
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71.1,•;•;•:. 1.:(1 .71`).
101.V.Cd tinii.a clor,
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yt••,-tr, 1.1•;01;:f..;yy thc.: pe1 -tf-,1
POW, TL:liPiTORE, LE IT
of
1_977 cui-07:Pct by tic r1.Y.
BF IT 1:1PZ'.1..N6R PFSOL/LD, excrsion thc
1977 as a pa.-.121.: i'lf.:!,T.0011'
(7.0).
• I. 'irC,:te.- OP. 5.1o1.10-t•i3
Ayes (8) Boo .h.royd,
n C
h71,3 tv..)
iGi, 17..L! !„ tfIc
1Aid:7;A 2:7 • •
tiTT: -„-Ld
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1.01. thf.": trs,
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(I) 7
0 n&'..-:!TsT.,:;C
who
an
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276
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80
lo
or to
-t,!) anj
a Jilf.mibor f thecci c. that had boon no
a:t. o n
•
S„.....,11c.o,d-.:7.,;:t by Ald,:?.-.4‘frizqn 2orunkay
f heaad discused P,)--..,x;ting of tho
A. 4tI on V.o.0 i'OSUlted foliuws: •
• (7) - Hoino,a, 'i1 '5 Nichols, Slattory
(3) -
Carried
r K
tilere wj.11 kit° foF:t•':..vf.21 in
7.-C!SO 11=-Is I,;.11..tarl Oil the p;.'f.)ject
c•-• s poss b SOP,ir.: that are in tile*
thl.tt had. n 12,hartr ( CydinoLc3
CasChdilla
to
•
•
.133o.!..'arsyd: by
for Tic(7, . scaJ51. .A De
•
resolution ro51)..1tod as follows:
n TAc110,111i tqleaf-.)15,
))
s —
'`,"t7;5.; 1).
S1J1 Cy:„ 7.:•accuc.ci
(.0
•;.t. -
•
•
•
ITHACA COMMONS
ASSESSMENT SCHEDULE
(Proposed - January 12, 1977)
Lot Address Owner Assessment
40 2 37 102 E. State Wm. Baldini $ 13,494.31
207 Christopher Lane
Ithaca, N.Y.
-70 2 36 104 E. State Stuart Lewis 4,786.83
105 Winthrop Drive
Ithaca, N.Y.
2 35 106 E. State Murray F. Lewis 4,786.83
Mrs. I. Morris Lewis
190 Pleasant Grove Rd. , Apt. A3
Ithaca, N.Y.
v/0 2 33 108 E. State Ithaca Book & Art Supply, Inc. 18,682.32
34 Ithaca, N.Y.
✓70 2 31 116 E. State Iry Lewis, Inc. 7,160.49
120 E. State St.
Ithaca, N.Y.
Jf0 2 30 118 E. State Isadore M. Lewis 3,884.17
Mrs. I. Morris Lewis
190 Pleasant Grove Rd. , Apt. A3
Ithaca, N.Y.
40 2 29 120 E. State Iry Lewis, Inc. 8,357.96
Sus 120 E. State St.
Ithaca, N.Y.
40 2 28 122 E. State Barbara Warren Stewart
4,923.60
Clare B. Conley
115 Ithaca Road
Ithaca, N.Y.
i6 2 27 124 E. State Gloria A. Scalise 5,470.66
108 Short St.
Ithaca, N.Y.
a6 2 26 126 E. State Triangle Shoe Co. , Inc. 10,330.44
Box 1391, Narrows Shp. Ltr.
Kingston, Pa. 18704
• v76 2 25 130 E. State J. P. Cosentini & P. Wilcynski 10 029.55
Cosentini, Inc.
Community Corners
Ithaca, N.Y.
i 412 24 134 E. State Isadore Lewis & L. Drake 10 029.55
Z H. K. Drake
Box 5
Lansing, N.Y.
-2-
70 2 22" 138 E. State Cayuga Apt. , Inc. $ 9,582.781"-
P.O. Box 37
Ithaca, N.Y.
'M 2 21`'// 142 E. State E. C. , J. J. , L. M. Wells 9,728.67
P.O. Box 155
Ithaca, N.Y.
♦.v
70 2 20 ,/ 146 E. State Irving & Irene Lewis 4,254.96
120 E. State St.
Ithaca, NY.
70 2 19 I/ 148 E. State Rebe B. Smith 2,978.47
Camp Street
Trumansburg, N.Y. 14866
70 2 18 150 E. State David & Janette Wrisley 3,872.01 ✓
152 E. State St.
Ithaca, N.Y.
70 2 17 V 152 E. State as above 4,680.46✓
70 2 16 ✓ 154 E. State Joseph D. Gallagher 3,680.54 ''
413 N. Tioga St.
Ithaca, N.Y. •
70 2 15 ✓ 156 E. State as above 3,723.09
2 14 ✓ 158 E. State Lloyd & Malvina Ellis 4,893.21✓
158 E. State St.
Ithaca, N.Y.
�.r
70 5 01 ✓ 101 E. State Jason H. Fane 38,711..03 ✓
Box 642
Ithaca,_NY.
70 5 02 1/109 E. State Roger B. Sovocool 21,062.06.✓
110 Renwick Drive
Ithaca, N.Y.
70 5 03 " 115 E. State Sturm Brothers, Inc. 10,230.14
115 E. State St.
Ithaca, N.Y.
1
70 5 04 // 119 E. State Wm. & B. Freedman 10,230.14 ,•/--
119
119 E. State St.
Ithaca, N.Y.
70 5 05 /123 E. State D.P. & J.S. Barr X D. Barr 13,172.14V-
211
3,172.14 ✓211 E. Seneca St.
Ithaca, N.Y.
7� �3 06 /129 E. State Ernest A. Kubler 7,853.44✓
21 N. Halifax Ave.
Daytona Beach, Fla. 32015
-3-
70 5 07 v133 E. State H. Wisner & J. Colodne I$ 7,604.22
2115 Southern Blvd.
Bronx, N.Y. 10400
701 108 ✓135 E. State Harold Lubin 12,400.17 ✓
104 W. Water Street
Elmira, N.Y. 14901
70 '5 09 437 E. State as above 11,315.16'
70 5 10 X43 E. State R. & N. Avery 9,145.13 ,/ •
143 E. State St.
Ithaca, N.Y.
70 4 03 453 E. State Ithaca Urban Renewal 44,798.66 ✓
City Hall
108 East Green Street
Ithaca, N.Y.
70 3 15 /200 E. State . First National Bank & Trust 30,848.47 ✓
202 E. State St.
Ithaca, N.Y.
70 3 14 ✓204 E. State as above 6,409.80
70 3 13 v206 E. State Paul P. Philipson 6,871.76 -/
206 E. State St.
Ithaca, N.Y.
721. 1 12 /208 E. State David A. Saperstone I 7,519.12
116 N. Cayuga St.
Ithaca, N.Y.
70 3 11 1212 E. State Esther Poole ; 14,658.34./
Box 238 -
Lansing, N.Y. 14882
70 3 10 1'218 E. State Janet L. Aagaard 3,692.70'
218 E. State St.
Ithaca, N.Y.
70 3 09 2/220 E. State Leslie L. Wilson 4,090.84v-
220
,090.84 ✓220 E. State St.
Ithaca, N.Y.
70 3.08 1222 E. State John & Clara Lewton 4,090.84✓
222 E. State St.
Ithaca, N.Y.
70 3 07 v/224 E. State Michael LoPinto 8,084.43 '
P.O. Box 353
Ithaca, N.Y.
70 3 16 '� N. Tioga First National Bank & Trust 22,697.18
202 E. State St.
Ithaca, N.Y.
70 4 5 ./116-130 E. Green CDC Ithaca, Caldwell Dev. Corp. 42,394.61
5820 Main St.
Williamsville, N.Y. 14221
-4-
70 3 01 1115 N. Tioga First National Bank & Trust $ 32,966.83 "
202 E. State St.
Ithaca, N.Y.
70 sl 0.06 N. Tioga Tompkins Co. Trust Company 19,891.94/'
110 N. Tioga St.
Ithaca, N.Y.
7° I2 12 /106 N. Tioga as above 12,555.18v'
70 2 10 114 N. Tioga . Citizens Savings Bank 42,580.01✓
Tioga & Seneca Streets
Ithaca, N.Y.
70 2 13 N.N. Tioga Owner 3,100.04'7
Unknown
70 1 10 ✓120 W. State Bern Furniture Stores, Inc. 1,319.041."-
2507
,319.04 "2507 James St.
Syracuse, N.Y. 13206
70 1 09 ✓114 W. State J. O. King Yung Tang & King Wing 3,920.64
403 W. Seneca St.
Ithaca, N.Y.
70 1 08 ./108 W. State Marilyn Wallace 6,552.64 ''
515 Campbell Avenue
Ithaca, N.Y.
70'1 06 /1.02 W. State Cayuga Apartments, Inc. 9,783.37 '-'-
P.O. Box 37
Ithaca, N.Y.
70 6 04 ✓121 W. State Raymond DiPasquale 1,060.70'✓
203,Wyckoff Avenue .
Ithaca, N.Y.
70 6 05.2 "117 W. State Cornell Theatres, Inc. 12,956.36 ✓
09 Z Wm. P. Berinstein 1,781.01 ✓
Box 1093
Syracuse, N.Y. 13201
70 6 06 405 W. State Myron Stanton & G. Saperstein 2,832.59 ✓
105 E. State St.
Ithaca, N.Y.
70 6 07 /103 W. State Morris M. Shulman 3,230.73 -r
401 Third St.
• Ithaca, N.Y.
7\ i 08 '7101 W. State Frank & Anthony Leonardo 6,704.60 ✓
117 W. Buffalo St.
Ithaca, N.Y.
70 6 12.1 ✓120 S. Cayuga James & Joyce Freeman 972.56V I
128 W. Haven Road
Ithaca, N.Y.
-5-
1 70 6 05.1/ 106 S. Cayuga Ronald M. Lewis '$ 6,136.26 v
10 106 S. Cayuga St.
Ithaca, NY.
707 11 v114 S. Cayuga Peter & Patricia Massicci 2,513.47 '
119 Fayette St.
i1./ Ithaca, N.Y.
70 p 12,2 /120 S. Cayuga John N. Boronkay 118.53/
410 S. Cayuga St.
Ithaca, N.Y. j
70 5 25 x/115 S. Cayuga Oliver Weinsheimer 957.37/-
26 121 S. Cayuga St.
Ithaca, N.Y.
70 2 38 ✓109 N. Cayuga Benjamin & Nancy Natali 4,373.49
109 N. Cayuga St. .
Ithaca, N.Y.
70 2 01 7115 N. Cayuga Ithaca Masonic Temple Corp. 1 2,641.12 ✓
115-117 N. Cayuga St.
Ithaca, N.Y.
70 1 03 v 116 N. Cayuga Historic Clinton House, Inc. 5,856.65
103 W. Seneca St.
Ithaca, N.Y. -
7 It 05 /106 N. Cayuga Cayuga Apartments, Inc. 9,205.91
i P.O. Box 37
b++ Ithaca, N.Y.
70 3 02 /211 E. Seneca David T. Barr 3,282.40
3 Triphammer Lane
Ithaca, N.Y. — -- -- --- —-- - - -
70 2 08 ✓113 E. Seneca Tompkins County Trust Company 100.30
110 N. Tioga St.
Ithaca, N.Y.
70 2 09 421 E. Seneca As above 1,477.08
23
61 5 10 ✓122 E. Seneca Citizens Savings Bank 3,850.74
Tioga & Seneca Streets
Ithaca, N.Y.
•
61 5 09 ✓126 E. Seneca Town of Ithaca 4,297.51
126 E. Seneca St.
Ithaca, N.Y.
61 5 08 ✓128 E. Seneca The Lently Corp. 28,572.07
308 N. Tioga St.
Ithaca, N.Y.
61-5 07 214 N. Tioga New York Telephone Co. 5,236.64
1095 Avenue of the Americas
New York, N.Y. 10036
• -0-
61 4 06 201 N. Tioga City of Ithaca $ 41,804.99
108 E. Green St.
Ithaca, N.Y.
61 ) dl 213 N. Tioga United States of America 3,172.99
} 213 N. Tioga St.
Ithaca, N.Y.
69,1 11 103 N. Aurora State & Aurora, Inc. 7,871.68
Terrace Hill •
Ithaca, N.Y.
69 1 12 105 N. Aurora Leonardo Enterprises 5,692.53
105-107 N. Aurora St.
Ithaca, N.Y.
69 1 13 109 N. Aurora State & Aurora, Inc. 4,498.10
Terrace Hill
Ithaca, N.Y.
69 1 14 115 N. Aurora As above 3,911.53
69 1 15 119 N. Aurora Contemporary Trends, Inc. 1,388.94
119 N. Aurora St.
Ithaca, N.Y.
70 3 06 108 N. Aurora Robert J. Shannon, et al 3,905.45
308 N. Tioga St.
Ithaca, N.Y.
( 3 05 112 N. Aurora Michael & Marsha Turback 2,759.65
112-114 N. Aurora St.
Ithaca, N.Y. .
J0 .3_04 .116_N._Aurora_ _ John. Tselekis _ 1,467.96
18 116 N. Aurora St.
Ithaca, N.Y.
70 3 03 118 N. Aurora B. Macera & M. LoPinto 337.36
204 S. Corn St.
Ithaca, N.Y.
69 1 10 306 E. State State & Aurora, Inc. 4,981.34
Terrace Hill
Ithaca, N.Y.
69 1'09 310 E. State State & Aurora, Inc. 2,100.13
Terrace Hill
Ithaca, N.Y.
"1 1 08 109 E. State Cornell Theatres, Inc. 3,647.11
X Wm. P. Berinstein
Box 1093
Syracuse, N.Y. 13201
69 1 07 314 E. State Donald W. Dickinson 4,030.06
401 E. State St.
Ithaca, N.Y.
• • -7-
9 4 01 301 E. State Trebloc Development Co. $ 26,614.78
104 Homestead Rd.
Ithaca, N.Y.
0 4 � 215 E. State Tompkins County Industrial 103,106.83 •
Development Agency
Bldg. 1, Brown Road
Ithaca, N.Y.
r
Total $ 949,330.49 •
Ithaca Commons Construction Cost $ 1,151,936.02
85% of Construction Cost 979,145.62
• Total Assessments Per This Schedule $ 949,330.49 •
Proposed percentage of Construction •
Cost to be Assessed 82.41%
•
Portion of Construction Cost to be Paid
by City* $ 202,605-.53 -
Proposed Percentage of Construction
Cost to be Paid by City 17.59%
*Does not include assessment against City-owned property - namely, the
Seneca Street Garage, Assessed at $41,804.99
•
1.1 Note: Assessments are based on properties as recorded by the Tompkins
County Division of Assessment office as of December 17, 1976,
and shown on a map entitled, "Commons Assessments Map" prepared
by the City Engineer, dated December 17, 1976 and revised
January 12, 1977.
Imot
COMMON COUNCIL PROCEEDINGS 281
City of Ithaca, New York
• April 20 , 1977 1.
Special Meeti�ig 7:30 P.M. p
•
•
PRESENT: ,
t
Mayor - Conley , 1
1Aldermen (10) - Boothroy > Bordonr Boronkay, Dennis , Gutenberger,
Holman, Meyer, Niehols,; Saccucci , Slattery`
Acting Mayor Gutenberger chaired the meeting until the arrival of r
Mayor Conley. i
OTHERS PRESENT:
.... City Controller- Daley City Clerk - Rundle
Director, Planning. $ Development - Van Cort
w
ADDITIONS TO THE AGENDA: _ r
Budget & Administration Committee ' "
Alderman Gutenberger •requested permission to add an item' of emerge+ cy t
nature--Stewart Avenue landslide damage- -which -was discussed at last
in week's Budget & Administration Committee and, which requires discussion
and possible action by;-the Council. - ,
0 No Council member objected.
a q
Cr Charter & Ordinance Committee
[ Alderman Slattery requested permission to .add an item concerning funds
Q for the Television Cable Commission. •
F No Council member objected.
t
I SPECIAL ORDER OF BUSINESS:
Public Hearing - Federal Revenue Sharing '
Resolution to Open Public Hearing f -
By Alderman Boronkay: Seconded by Alderman Holman"
P RESOLVED, the Public Hearing on the use of RevenueShdring funds as they
t .... relate to the entire City of Ithaca Budget be opened.
Carried Unanimously
[ ,
No one appeared to speak to the Hearing.
Resolution to Close Public Hearing " .
By Alderman Slattery: Seconded by Alderman Dennis. .
RESOLVED, That the Public Hearing on the use of Revenue Sharing funds as
y.' they relate' to the entire City of Ithaca Budget be closed. I
Carried Unanimously 1
o• t
Alderman Saccucci commented that- inasmuch as restrictions have been c
removed on the manner in which the revenue sharing money can be scent , !
he Wished to call attention to the dangerous parking problem which {
exists on Cliff Street which he had brought to the attention of the Council
several months ago, and which he understood the Planning and- Development i
Department were studying the problem. He would like the city to use '
funds .to build a parking lot for this area. 1
Acting Mayor- Gutenberger asked Planning & Development Director Van Cort
for comments on the matter. Mr. Van Cort informed the Council there ,
has been ..no capital project established for .this item. He suggested that •
establishment of a parking area in one residential neighborhood of the
city wouldhave serious policy implications for a number of other &
residential neighborhoods which also have serious on-street parking
`., problems. He further suggested that before any such single project is
funded, a look should 'be taken 'ai. what the implications of -funding of
this item would be.
- Alderman Holman commented that 'the city should resolve its position ^T
Rte. 96 before action is taken on Cliff Street. _ i
Resolution - s
By Alderman Saccuccl - Secn-•'i d by A ldc r•rµ�. Sl .,�.,. F `'
x RESOLVED, That the problem of providing i.ding off-strep +parking in the Cliff F ,'
Street area he referred to the Pl .n,ning. G Development Committee. 1
,{
Carried Unanimously :¢'
282 -2- April 20, 1977
Stewart Avenue Landslide Damage
City Controller Daley informed the Council that he had received a
request from Supt. of Public Works Dingman who asked that Council
appropriate funds for soil tests and establish a capital project for
the Stewart Avenue problem. He will be going to the Board of Public Works
next Wednesday to have them authorize him to get soil tests on that washout
so he can proceed to develop a project for it. There is some concern
that this ought to be done this year and there is a feeling that it is
more serious than they realized. They are asking for between $2500 and
$3000 to go ahead with the soil tests and create a capital project so he -
can go to the Board of Public Works next Wednesday. He would defer it
to the next Common Council meeting; however, he must have the money
appropriated before he can be authorized to execute a contract for soil
tests.
Resolution
By Alderman Dennis: Seconded by Alderman Nichols
RESOLVED, That there is hereby created a Capital Project to be known as
Stewart Avenue - Retaining Wall Repair; and
BE IT FURTHER RESOLVED, That $3000 be transferred from A1990 Contingency
to this Capital Project.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
T.V. Cable Commission
Alderman Slattery explained that Dana Ulloth, Chairman of the Television
Cable Commission, indicated to the Charter $ Ordinance Committee that the
Commission would like to investigate the American Cable and Communications
Company, who are thinking of taking over the cable system from Mr. Ceracche.
In 1976 the budget appropriation for 1977 to the Commission was $250 and
expended to-date from that amount was $175. 90 which leaves a balance of
$ 74. 10. There is some haste in getting started on this and Mr. Ulloth
is going to have to make some telephone calls to investigate the company
so he will need some additional funding.
Resolution
By Alderman Slattery: Seconded by Alderman Saccucci
RESOLVED, That $200 be transferred from A1990 Contingency to A 1010-400
Legislative Board - Contractual Expenses for the T.V. Cable Commission.
Alderman Nichols commented that when the Cable Commission met with the
Committee on Monday, they indicated they would like a longer period to
study the new corporation, particularly since there seems to be some
possibility that the corporation may be taken over by another corporation,
and the Commission want to be very sure that they have covered all the
possibilities. They agreed that it was perfectly fine to have the public
hearing as scheduled in May, but they would like to have an additional
public hearing at the June meeting to make sure there has been every
opportunity for them to complete their research and present their findings.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Mayor Conley arrived at 8: 00 p.m. and presided over the balance of the
meeting.
Zoning Ordinance . _
Director of Planning & Development Department Van Cort informed the Council
that in regard to the new Zoning Ordinance which will be coming to Council
and which is now in the Charter $ Ordinance Committee , he would like to
hold two public hearings so that the public will have the greatest possi-
bility of looking at the ordinance and commenting on it before Council
acts. Therefore , he wishes to advertise for a public hearing at the next
Council meeting. This will not be a formal public hearing.
83
-3- April 20, 1977 2
School District Properties
Director of Planning $ Development Department Van Cort informed the
Council that the School District will be trying to sell several of its
properties , including East Hill School , Columbia Street Annex and the new
Program School. They have established a rather elaborate process that
they are going through. They will be getting appraisals and they will
be moving toward selling these at auction after the city has had a chance
to look at them. The Planning Department and Board have feelings about
how these buildings should be re-used. They would like Council to be
aware that very soon they will have to consider some of these properties
and the Planning $ Development Board will be making some initial investi-
gations on them at their meeting on Tuesday.
Celebration Group
Por information of the Council Alderman Meyer informed them that she and
Mayor Conley spent the afternoon with the Celebrations Group concerning
the city being a sponsor under certain control conditions as long as they
are not liable. The matter is in the Budget & Administration Committee
with power to act after receiving recommendations from the City Attorney.
LO
In ADJOURNMENT:
0 On a motion the meeting adjourned at 8: 08 p.m.
a
ea°1
rep A. Rundle, i y Clerk E•ward J Conley Mayor
b
COMMON COUNCIL PROCEEDINGS �• "'
City of Ithaca, New York
Regular Meeting 7: 30 P.M. May 4, 1977
PRESENT :
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni, Boronkay, Dennis , Gutenberger,
Holman, Meyer, Nichols , Saccucci, Slattery
OTHERS PRESENT:
City Controller - Daley City Engineer - Cox
City Attorney - Shapiro Chief of Police - Herson
Dir. Planning $ Dev. - Van Cort Dep. Fire Chief - Tuckerman
Building Commissioner - Hoard Dir. Youth Bureau - Cutia
Supt. of DPW - Dingman City Clerk Rundle
PLEDGE OF ALLEGIANCE:
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
APPROVAL OF MINUTES: •
LO By Alderman Nichols : Seconded by Alderman Bordoni
in RESOLVED, That the Minutes of the April 6, 1977 and April 20 , 1977
O meetings be approved as recorded by the City Clerk.
a Carried Unanimously
a SPECIAL ORDER OF BUSINESS:
Q Public Hearing - To Consider Transfer of Television Franchise from v
Ceracche Television Corporation to The American Television and
Communications Corporation
Resolution to Open Public Hearing
By Alderman Saccucci : Seconded by Alderman Boronkay
RESOLVED, That the Public Hearing to consider transfer of Television
Franchise from Ceracche Television Corp. to The American Television and
Communications Corp. be opened.
Carried Unanimously
No one appeared to speak to the Hearing.
Resolution to Close Public Hearing
By Alderman Gutenberger : Seconded by Alderman Bordoni
RESOLVED, That the Public Hearing to consider transfer of Television
Franchise from Ceracche Television Corp. to The American Television and
Communications Corp. be closed.
Carried Unanimously
CHARTER & ORDINANCE COMMITTEE :
Motion to Adjourn Public Hearing on Cable Television Franchise Transfer i,
of Ownership
By Alderman Nichols : Seconded by Alderman Bordoni
WHEREAS, the City of Ithaca Cable Television Commission has requested
additional time to conduct a thorough study of the facts involved in the
proposed transfer of ownership of the cable television franchise presently
held by the Ceracche Television Corporation, and
WHEREAS, on April 27, 1977 , the Common Council voted unanimously to allo-
cate two hundred dollars ($200) for expenses of the Ithaca Cable Television
Commission in investigating the proposed transfer during the months of
April and May,
NOW, THEREFORE BE IT RESOLVED, That the Public Hearing on the proposed
; transfer of the cable television franchise is adjourned until the June 1 ,
1977 meeting of the Common Council at 7 : 30 p.m. at 108 East Green Street.
Carried Unanimously
Public Hearing - To consider a proposed ordinance entitled, An Ordinance
Adding Chapter 36 Entitled 'Environmental Quality Review' to the City of
Ithaca Municipal Code
Resolution to Open Public Hearing
By Al erman Saccucci : Seconded by Alderman Slattery
RESOLVED, That the Public Hearing to consider a proposed ordinance entitled,
An Ordinance Adding Chapter 36 Entitled 'Environmental Quality Review' to
the City of Ithaca Municipal Code be opened.
Carried Unanimously
_ -2- May 4, 1977
Mr. Ralph Jordan, Executive Director of the Tompkins County Chamber of
Commerce , representing the Business Development Council of the Chamber,
the Small Business Council , the Industrial Development Council , talking
with and for the Tompkins County Area Development Corp. , the Community
Development Council , the Housing $ Zoning Committees and the Environmental
Committees , made the following statement indicating the deep concerns over
the lack of information that has been made public concerning Environmental
Impact Legislation being proposed by the City Planning Department:
"To the best of our knowledge , none of these groups or their counter-par
have been contacted for input into the drafting of proposed legislation,
that could indeed, put a number of our business firms "out of business"
and delay projects for extended periods of up to 30 days costing contrac rs
and developers thousands of dollars.
We , once again, find it hard to believe that any agency of government would
proceed with regulations having so drastic an impact upon a segment of the
community' s economy without first contacting those who would be so
seriously impacted.
I would like to point out several flaws and detriments that we believe , thru
information received via media, exists in the proposals being made:
(1) The ordinance would leave the matter of impact statements up to a vary-
ing degree of boards who would proceed as they, individually, see fit.
This allows for statements to be requested depending on the 'attitudes'
of members of a given body allowing for biases in the ' growth' or 'no
growth' syndromes whichever happens to be the dominant factor. There
could be cases where more than one board would be involved in a decision
thus complicating split decisions and the decision-making process.
•
(2) The intent of the legislation has been stated as the "gathering of
information for decision-makers and the public, and is not meant to
stall or prevent construction projects. " Let me assure everyone in
this room tonight. . . . any time that the general public in the Ithaca
area is brought into the decision-making process there are a very
'vocal minority' whose sole purpose will be to prevent Construction ...,
projects and hinder any type of growth regardless of its need or benefit
to the community in general. One only had to attend the recent Cayuga
Station hearing to realize how ridiculous some opponents of growth can
be and how they can prolong "orderly progress. "
(3) The legislation states , as we are told, that City Boards would be
required to reach their decision on applicant requests within 30 days
of the date the final impact statement is filed. Does the City truly
realize that it may take "months" and possibly "years" to gather data
that such a board might require of an applicant? Most any project
could easily be 'killed' by a no-growth oriented board if they desired
to pursue their philosophical ambitions.
(4) To force any developer or contractor into a hearing which is desired
on the part of a second or third party and demand that the party of
the first part be liable for hearing and advertising costs is "pure
blackmail. " If it is the City that wants the hearing, then the City
should pay the costs , if it be the public, then those calling the
hearing should be responsible.
(5) As we understand it , the law (both State and Local) is unclear as tc'
the material that must be submitted and the mounds of paperwork and
tax dollars that will have to be spent in carrying out such a mandal
It is my understanding thru a quote in the Ithaca Journal that the ....
writer of this proposed ordinance has said, and I quote : "We don't
really know what the law will do until it' s put into practice , but. I
think it will be helpful rather than burdensome. " I cannot believe
that any responsible body of legislators could adopt any type of
legislation under such conditions.
I could continue for several hours on the concerns that I and the business
community have concerning this issue. I feel the above five items are
sufficient however to provide you with serious thought before you proceed
into the unknown.
.Z?7
-3- May 4 , 1977
I wish I could tell you that I have a recommendation in lieu of all this . . . .
I do not. I w2uld suggest however that the writers of any piece of
legislation be required to do their 'homework' with the elements of the
community that will be impacted by their proposals , for it is only in this
manner that the true benefits to any community can accrue.
I would also suggest that the Council look carefully at the action taken
by the Groton Town Board where a resolution, rather than local law, was
adopted allowing time for a more adequate solution to this highly contro-
versial and detrimental piece of legislation.
Mayne Conley explained to Mr. Jordan that the State has passed the so-called
SEQRA Laws and has mandated the City must establish its own ordinance
`• or Local Law by June 1. He said the Council does not intend to pass on this
resolution this evening. The intention is to receive public input , and
there is time for meetings with the various committees that are concerned
about this . He said the position of the NYS Conference of Mayors has been
to set aside these laws for an additional two-year period to provide a chance
to work out of these unknowns . The Mayor said the city joins with the local
labor unions , the NYS Chamber of Commerce , Allied Industries and many other
in organizations ; we will also be working with a draft and staff recommendations
in before the City enacts this particular piece of legislation. He said,
however, the City is trying to comply with the State but he assured Mr.
QJordan there-will be an opportunity for them to work together.
Q Resolution to Close Public Hearing
Q By Alderman Boothroyd: Seconded by Alderman Bordoni
RESOLVED, That the Public Hearing to consider a proposed ordinance entitled
An Ordinance Adding Chapter 36 Entitled 'Environmental Quality Review' , to
the City of Ithaca Municipal Code be closed.
Carried Unanimously
Mr. Jordan further commented that he also had a couple of complements
to offer to the Housing Committee some time during the evening, at the
appropriate time.
L_ ADDITIONS TO THE AGENDA:
Budget & Administration Committee
Alderman Gutenberger requested permission to add an item - a report -
between Items H and I--consideration of the Budget which the Committee
has had since January, which includes some line changes in the contingency
account (dollar amount remains the same) and which he believed the budget
should be repassed with those changes in mind.
No Council member objected.
Charter & Ordinance Committee
Alderman Nichols requested permission to lay on the table a possible
resolution to be acted on at the June 1 meeting of the Council in case
it should be necessary to extend the moratorium on building.
No Council member objected.
Alderman Gutenberger requested a brief Executive Session before the
presentation of the Budget $ Administration Committee report.
No Council member objected.
Alderman Bordoni requested that Chairman Ulloth of the City Cable Commission
be allowed to speak on the City' s joining the County Commission at this
time.
Mr. Dana Ulloth, Chairman of the City Cable Commission reported that the
Commission has taken a serious look over the past month or two at the
proposed County Cable Commission and, having looked at that , the City
Cable Commission recommend that the City of Ithaca pass a resolution to
join the County Cable Commission and pay a $50 membership fee for the
period of 1 year. At the end of that time the City can assess whether
continued membership would be appropriate or not.
Mayor Conley assured Mr. Ulloth the item would be coming up later on the
agenda.
;?,$8' -4- May 4, 1977
Mayor Conley informed the Council that under the Appointments of the Mayor
item it had been brought to his attention after the agenda was published
that the Mayor serves and one duly-elected member of Common Council
to the Tompkins County Area Development Corporation, and he said he would
be making that appointment during his portion of the agenda.
v Zoning
Mayor Conley commented that there were people present wishing to address
the Council concerning their feelings about the City' s proposed zoning
map, and he wondered if it wouldn' t be productive to have an explanation
"- of the zoning map before the people addressed the Council. He thought it _
might provide answers to questions they had and then they might or might t
want to address the Council.
Alderman Nichols commented that the item was quite high up on the agenda.'
Alderman Meyer thought the people ' s input would be helpful to the Committee.
Alderman Boothroyd commented that it would be only fair to allow the people
to speak.
Mayor Conley requested Planning $ Development Director Van Cort to present
an explanation of the proposed zoning map to the meeting.
Planning & Development Director Van Cort explained the zoning map is in
final draft form and that it will come before the Common Council to provide
it with opportunity to change the recommendations before adoption. He
said the presentation at this time was to request input from the Council;
the Committee has not yet adopted the map.
Mr. Van Cort briefly outlined the proposed schedule : At its meeting tonight,
the Common Council , if it chooses , will pass a resolution calling for a public
hearing at the next meeting of the Council on Wednesday, May 25 , 1977, at
which time it is hoped the ordinance can be passed. The completed ordinance
is required to be in the City Clerk' s Office by Wednesday, May 11 , 1977.
Therefore, any input from Council has to be given at the Charter $ Ordina :e
meeting on Monday evening, May 9 , or at a Planning & Development Committe
meeting on Tuesday evening, May 10 , being called on the zoning ordinance.
He said that will be the absolute last chance if Common Council is to pass
this ordinance in time to get it into effect before the moratorium on
building expixes.
Mr. Van Cort said also tonight the Council will be asked to pass a resolution
calling for a Public Hearing on Extension of the Moratorium . If there are
too many questions left open on the zoning ordinance the Moratorium can be
extended for whatever period the Council choose to extend it. However, it
is hoped the ordinance can be passed at the May 25th meeting of the Council.
At this point Alderman Nichols explained that it should not be referred to
as a new ordinance- -it is simply a revision of residential zoning of the
current ordinance and is therefore an amendment to the current ordinance.
Mr. Van Cort said he had, for .distribution to the Council , the latest and
hopefully, final draft of the chart of which copies can be made available.
He said he also had copies of the draft map on the wall for examination of
anyone interested, in addition to one copy for each alderman which has been
colored only in his or her ward.
Regarding the ordinance itself, he said the Planning Department was directed
by the Common Council and Planning Board to undertake a study of the
residential zones in the city. This was the result of requests by varioi
neighborhood groups who felt the zoning ordinance in effect currently wa,
not sustaining and promoting the integrity of the low-density and stable
residential character of the neighborhoods in which they lived. They
requested Common Council to rezone certain areas of the city to a less dense
zoning. The result of the old zoning was that a number of areas in the
city were experiencing rapid alteration of single-family homes into rental
properties and there was a feeling among the neighborhood groups that this
was resulting in increased absentee ownership and deterioration of
properties , as well as a number of other problems which accompany density,
- 5- May 4 , 1977 Ag?
such as increased off-street parking and on-street parking problems ,
problems of additional refuse and refuse in the street- -that kind of
thing- - in addition to noise and other problems which the neighborhood
groups felt were beginning to occur in their neighborhoods .
An additional secondary effect is the renters can, in many cases , compete
with single-family owners to the disadvantage of the single-family owners .
They often can pay more for housing, outbid single-family owners .
The city conducted a very carefully selected survey of 20 percent of all
the households in the city to get an accurate picture of what actually
was going on in the neighborhoods , what the actual character of the
neighborhoods was . They got a 97% return on the questionnaire , which
was extremely valuable in pointing out exactly what the character of
various residential neighborhoods in the city were. They found that indeed
the zoning was not acting to preserve the residential character as it
existed, and that over 80% of the residential properties were in one or
two-family use areas . Over 80% of the city was zoned to permit multiple
dwellings . This is an obvious imbalance and one which they tried to
correct in the draft chart and map. This was largely the result of the
fact that existing R-2 zones allow multiple dwellings , cooperatives ,
Lo fraternities , sororities , and also allow families with up to 4 boarders .
In a two-family dwelling there could be as many as 12 unrelated people
living. This didn' t make much sense if a R-2 zone was to be a one-family
V and two-family zone.
Q
Q In addition there were certain imbalances in the lot size requirements
Q of the ordinance. For the first time the lot sizes of all the properties
in the 25% sample were put on computer and they were able for the first
time to know how many properties were not conforming in terms of lot size
in any of the residential neighborhoods .
In the zoning now in effect there is R-1 zoning which is very restrictive
and from there go to R-2 zoning which is very, very close to R- 3 zoning.
The zoning change proposed has a more rational hierarchy of the residential
zones. An R-1 zone has been created which is basically a single-family
zone; an R-2 zone which is basically a one and two-family zone ; and an
`-' R-3 zone which is the other kind of residential uses which occur in the
city such as multiple dwelling, cooperatives , fraternities , sororities ,
and the other kind of group arrangements prevalent in the city. Also ,
certain incentives have been created for owner occupancy to correct many
of the problems created by absentee landlords . Certain density bonuses
have been allowed if the owner lives on the premises .
Additionally the old definition of family has been revised (a group of
people related by blood, marriage , adoption or other recognized legal
relationship except that two unrelated people were a family even if they
were not related) . That has been changed so that now what is generally
recognized as a family, that is to say, all the people in such a group
are related by blood, marriage or adoption, and two unrelated people
is another acceptable type of occupancy in an R-1 zone. There are other
changes in the definition of family, or at least in the head count.
Dependent children under the parent or guardian are not included in the
count.
On the map , instead of having three residential zones , there are now 6
(three use divisions--R-1 , R- 2 and R- 3. In each of those there are two
different sets of area requirements . The old R-1 with very large lot
sizes is now R-la; also an R-lb with the same use requirements as R-la
except they can occur where the lots are smaller. The same thing is true
of the R-2a and b and R-3a and b .
Mr. Van Cort pointed out that the committee has had the cooperation and
help of a great many people in the city who have served on the zoning
committee including members of the Planning Board, Common Council , people
.from Civic Associations , representatives of the Landlord Association,
representatives of the Realtors Board, who have provided invaluable help
in drawing up this draft. In addition he said a lot of people had called
in and come into the office and given suggestions . The committee still
wants that kind of input very much and if there are changes which have to
be worked into the chart or map they would
like to
Set the comments by
Monday, or Tuesday at the absolute latest so the schedule will not be put
in jeopardy.
Qv -6- May 4 , 1977
Alderman Boronkay asked Mr. Van Cort what the procedure would be after
persons contact him or the committee with comments , corrections , or
alterations . Mr. Van Cort answered that if someone offers a suggestion
and convinces the committee he is right, the committee will change the
map and take the change to the Charter & Ordinance Committee on Monday
evening. If the Committee is not convinced, he suggested the person
present his argument to the Charter & Ordinance Committee anyway and
let them make the decision and determine how the map and chart will be
presented to the Council on May 25.
Mayor Conley commented that everything possible will be done to make
the meetings as public as possible and he also said that Alderman Nichol
is inviting all members of the Council to attend the Charter & Ordinance
meeting on Monday evening so that they will become familiar with what .isk...
going on before they have to make a very crucial vote when it comes to
the Council.
Alderman Saccucci asked if suggestions can be made by mail and Mr.
Van Cort said they could if they reach him by Tuesday, but he suggested
they be brought in person to the Charter & Ordinance Committee on Monday
evening.
Mayor Conley requested that a record be made of all comments or suggestions ,
whether or not they create a change in the map or chart.
COMMUNICATIONS:
Mayor Conley read the following letter to the Council:
Mayor Edward J. Conley
City Hall
Ithaca, New York
Dear Mayor Conley:
The Bryant Park Civic Association at its Annual Meeting held April 28 ,
1977 voted unanimously to support both the new proposed Zoning Ordinance
and the Apartment Ordinance. Support was given to the latter with the
qualification that non-owner occupied properties be inspected annually "
but that owner occupied properties be inspected every three years .
This action followed a presentation by Ms . Bickley Townsend of the
Planning Department and a report from the Association' s Zoning Committee .
As you know, our Association has a long history of active participation
in efforts to establish sound zoning regulations .
During the past year the Bryant Park Civic Association joined with other
civic associations to work on common neighborhood zoning concerns . It
now wishes to goon record in joining with them in approving the new
proposed ordinances . Such broad support convinces us that these proposed
changes are for the benefit of the whole city.
Yours respectfully,
•
Florenence F. Hoard, President
BRYANT PARK CIVIC ASSOCIATION
CC: Mr. David W. Fuller, South Hill Civic Assoc.
Mr. David H. Cornelius , Fall Creek Civic Assoc.
Mrs . Margaret Jones , Ithaca Neighborhood Housing Services
Mrs . Nancy Schuler, East Hill Civic Assoc. •
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: ....
Mr. . Ralph Jordan, Executive Director, Tompkins County Chamber of Commerce , •
informed the Council he had been asked to deliver the following messages
to the Council. He prefaced his remarks by saying that Director of Planning
Development Van Cort has done an outstanding job in terms of working
with the committees and given them the input by which they were able to
come up with several suggestions .
-7- May 4 , 1977 a.9/
April 28, 1977
To the Members of the Common Council
City of Ithaca
City Hall
108 East Green Street
Ithaca, New York 14850
After having the opportunity to review the suggested zoning changes
that have been proposed by the City Planning Board, we , the Tompkins
County Chamber of Commerce , would like to recommend that you seriously
consider the following:
1) area zoned R- 2 - - that when home occupation is allowed in that
zone it will be by special permit only. We do believe that this would
be a much fairer application of the regulation to the residents of an
R-2 zone, and that the City would have a great deal more knowledge of
the home occupancy in that particular zone.
2) that the Common Council not accept the recommendation of the
City Planning Board to change the areas of Fulton Street between Court
and Buffalo Streets , the south side of Seneca Street between Albany
'nand Plain Streets , Corn and Meadow Streets , and all of the north side
n of Green Street between Geneva and Meadow Streets from its present
Q commercially zoned status to a residential R- 3 status .
'Q Although we do not object outright to this proposed change, we do
Q recommend that the Common Council , prior to making any change in these
outlined areas , have a feasibility study conducted before making a
valid decision as to whether, in fact , it should be changed to a
residential R- 3.
You will note on the proposed new zoning map , the City Planning
Board has not allowed for any further expansion going north on
Cayuga, Aurora and Tioga Streets as presently zoned, so we as a
Chamber say that the areas outlined above could be used for further
expansion in the downtown area for those businesses , professional
; offices or other service facilities that have to be tied in to the
core of the city.
, We take this position because we feel it is important that we keep a
strong central downtown area, and by not allowing expansion we could
possibly force these various business and professional people to
locate away from the central core of the city, and perhaps even out
of the city limits which would be detrimental , in our opinion, to
the City of Ithaca.
We of the Chamber also feel that all the people involved in proposing
these zoning changes have done an excellent job in trying to take
a total overview of the city and its apparent zoning problems , and
' that the new proposed changes represent much more fairly how our city
should be zoned.
Wayne D. Leboeuf
Director, Community Development Portfolio
Tompkins County Chamber of Commerce
April 28, 1977
To the Members of the Common Council
City of Ithaca
City Hall
`- 108 East Green Street
Ithaca, New York 14850
We, the Zoning Committee of the Chamber of Commerce, have reviewed
your proposed apartment ordinance and feel that the time and effort
put into this was time well spent .
,,25.2 -8- May 4 , 1977
We would like to point out to the Common Council that this ordinance
can only be as good as the effort and conviction of those responsible
Lu ate that the city is properly staffed to enforce it.
We do feel that it is in the best interests of all city residents ,
but without adequate enforcement this ordinance could become one
of the many regulations that are on the books today that really
have little value due to the lack of people to see that they are
adhered to.
Wayne D. Leboeuf
Director, Community Development Portfolio
Tompkins County Chamber of Commerce
AMENDMENT TO ZONING ORDINANCE
Attorney Richard Schechter, representing Dr. Robert W. Baker, 412 N.
Tioga St. , spoke briefly about one portion of the zoning ordinance--the
portion which affects Dr. Baker who owns a significant number of properties
along Tioga St . In looking at the map along Cascadilla Creek, he said
there was - a little see-saw that begins a little before Aurora St. on
the south side of the creek and goes all the way up to Cayuga Street and
apparently includes a couple of houses on each street along the creek
and basically that situation does not make any sense. The creek itself
represents a natural boundary between the end of the central downtown
area and the large residential community on the other side. The
sensible place to put the boundary between the proposed R-2 district
and whatever district is on the other side , be it R- 3 or otherwise , is
right there along the creek. First of all everyone will immediately know
without having a . very complex title search, where the boundary is ;
secondly, it will reflect the situation in the neighborhoods , particularly
on Aurora and Tioga Streets up to the creek. Most of the properties
have now become offices- -some of them medical offices , some real estate,
attorney offices , but the predominant uses on both of those blocks at
the time are office-commercial type use . There are very few residences
left ; in fact only 1 single-family residence left on that entire two
blocks . Certainly the business or office uses predominate. As a matte`,
of fact , what they would propose to the Council to give some very serious
consideration to is that the zoning ordinance reflect the actual
circumstances in the community and that Aurora Street and particularly
Tioga Street up to the creek be zoned B-1 rather than R- 3 because those
two blocks right now are almost entirely commercial in nature - business
in nature and reflect an extension of the business area along Court Street
and along Tioga on the other side of Court Street and upzoning them to R-2
or even leaving them R- 3 really doesn' t make any sense. It doesn' t reflect
the actual circumstances in the community. There is no possibility that
those office uses will ever again become residential uses . If they did,
it would be a deterioration to the neighborhood because the only type
of residential uses possible there would be very poor ones. They think
it is very important to realize that sometimes upzoning isn' t necessarily
beneficial to the community. Sometimes it can be very detrimental. If
you have a zoning ordinance which is overly restrictive and so restricts
the density of properties that the owners of those properties cannot
realize a reasonable return, either through their own ownership and sale
when they move • out or through rental to people who are renting apartments
or whatnot . If a reasonable return can' t be gathered, then the owners
of those properties can' t keep them up and what usually occurs in an
area which is zoned more restrictively than circumstances of the neighbor-
hood or economics warrant , the properties do deteriorate very drasticala
In this neighborhood the proof of that is evident. The properties which
are business in nature are extremely well kept up and the few propertie-
which are entirely residential in nature along Tioga are largely downgrad"in�
because the return is not sufficient even to pay the mortgage and taxes
and therefore the properties are upkept properly. For these reasons they
would ask the Council to consider very seriously the possibility of
changing those blocks , Tioga Street in particular, to the B-1 zoning and
certainly not adding a little zig- zag of R-2 along the creek.
.q3
-9- May 4 , 1977 -:
Mr. Vincent Giordano, 57 Woodcrest Avenue , addressed the Council :
"I hope the Common Council does not extend that moratorium past June 1st.
You have had plenty of time up to this point. If you don ' t have your work
done , then drop it. Let the zoning people finish their zoning map , I
have nothing against it except a few things brought up here tonight - like
the north side of Green Street and what Dr. Baker' s attorney brought up --
I highly agree with, of the Fulton Street area and a few of the other
areas . The rest of it I think is fine . I think they have done a good
job ; I think they should be commended for it. But it has held up the
craftsman in this area from doing anything for the last 9 months and
these people want to go to work. Now, if you can' t get your work done by
1 June 1st, don ' t extend that moratorium. "
Mr. David Cornelius , Chairman Fall Creek Civic Association, presented a
petition containing 39 signatures obtained at the last meeting of the
Association:
"We urge Common Council to adopt the proposed changes in the zoning
ordinance and the change of Fall Creek to R-2 on the zoning map . We
I would like to point out especially the advantages of the following items :
10 1. A better definition of "family" , which helps control the
0 number of unrelated persons who can occupy a house and in-
directly will help control neighborhood problems such as
cars , garbage , and noise;
2. A better definition of "multiple dwelling" , which closes
some of the loopholes that have led to cases of crowded
substandard housing;
3. Better control of the number of units which may be installed
in buildings in the future ;
4. More realistic lot size regulations , so that the majority of
properties will conform to the requirements and can more easily
get permits for minor improvements ;
5. A map which recognizes that Fall Creek is basically one or •
two-family houses , usually occupied by the owners , and that
•
it should stay this way in the future.
We hope Council agrees that these are desirable changes which will help
keep Ithaca a nice place to live in the future. "
In addition Mr. Cornelius offered rebuttal to Dr. Baker' s attorney - that
• he thought most of the properties in the zig-zag zone down the south side
of Cascadilla Creek are primarily residential in character. The only
exception that he could think of off-hand was the property occupied by
Dr. Baldini ' s dentist offices which is on the east side of Tioga Street
adjacent to Cascadilla Creek. He also felt that if Fall Creek is rezoned
R-2 a buffer zone of R-3 is needed between the business district. He
said all from Fall Creek and the other civic associations have worked
on this and highly approve the Planning Department' s recommendations .
Atty William Sullivan said he had appeared before the Council before
regarding some of the same things that have been discussed tonight. There
are a couple of things he thought the Council should look at which are
very telling in terms of the action the Council ought to take. In the
first instance , about a year and a half ago there was a study made
_by the Planning Department relative to the abundance of office space in
downtown Ithaca and how it was the intent of the Planning Department and
''ouncil through the Planning Department to maximize the use of this down-
own office space. "We were told about the large number of offices which
ere available in the Clinton House , Savings Bank Buildings , in the 200
lock of Aurora Street and the like. In the year and a half that has
passed most of that available office space has vanished and we are back
to the same situation we were before the banks began their renovations
and I suspect that this survey that was done has never been updated to
show that there is still existing a shortage of office space in the down-
town area, particularly in the area of the Court House. Secondly, I have
seen the map for the first time tonight and an offhand reaction is that
by changing the area to the south end of the proposed R-2 zone which is
presently R- 3 , i . e. in the 100 and perhaps 500 blocks of N. Aurora ,
N. Tioga, N. Cayuga Streets , one is zoning in a way that the buildings
are not presently being used. There are a number of instances where you
have multiple housing and buildings which are occupied by several
families and yet , as I understand, the brief perusal of the proposed
regulations are going to be limited to 2-family units in the area and
o
- 91F -10- May 4 , 1977
you run into the situation of non-conforming uses and applications to
the Board of Zoning Appeals , and a number of other things that do
not1iing Lo promote the orderly growth of the downtown area. I suggest
that , as has earlier been suggested here tonight , that the creek be used
as a boundary between the Business District and the residential area,
that for a half a block or a block north of the creek one then install
or continue the R- 3 zone which takes us on Cayuga Street to Northside
Pharmacy and the Foreign Car Garage which are approved business uses ;
on Tioga Street the R- 3 would permit multiple residences in the area
where you have 4-story apartment building among other things , you have on
each side of Tioga Street , as I understand it , on the corner of Tioga . d.
Farm St. and also in the 400 and 500 blocks of N. Aurora Street , inclu hg
the Lucente apartments and the apartments owned by others . I can' t th k
of the name of the owner, but in any event there are several apartments,
a building in the middle of the 400 block of N. Aurora St. In doing
this I wish to call attention to a particular anomaly that exists in the
400 block of N. Aurora Street, and that is that north of the creek on
the east side of Aurora Street you have two buildings , one of which is
a funeral home and has been a funeral home 50 , 60 , 70 or 80 years and
yet that has always been in what the law calls a residential area, and
yet none of the zoning material that I have ever read includes a funeral
home use as a residential zoning use. I suggest that the Council take
this opportunity to permit the zoning ordinance to reflect the actual
uses in the area and I certainly have no quarrel as one moves north into
the Fall Creek Area of limiting the density because I think that is
consistent with current use. However, on the south end of the district
I think that it ought to go the other way. Thank you. "
Apartment Ordinance
Mr. Theron Johnson, 138 Linn Street , representing the Tompkins County
Rental Housing Assoc. , addressed Council regarding the proposed apartment
ordinance : "The first thing I would like to speak about is the frequency
of inspection. The proposal calls for inspection every year and as most
of you will agree , the Building Dept. in the past has not been able to
keep up with inspection every 5 years with the inspectors they have hae nd
so it seems logical to expect that if they are going to inspect 5 times
as often it would take 5 times as many people , unless the inspectors ai—
going to be working 5 times as long each day (40 hours per day) . The
proposals that have been put forth by the city officials for the cost of
this additional inspection are very minimal in relation to what one would
naturally expect would be the cost for 5 times as much work. The proposal
for 3-year inspection involves 1 more inspector; 2-year inspection involves
2 more inspectors and figures have been tossed around in the neighborhood
of $20 ,000 to $40 ,000 as the case may be . However, usually when government
starts the expanded project , the one involved regarding whether it is
city, state or national , these programs take more money than expected and
as they progress they snowball and take continuously more money so that
our guess is that in a few years (of course it will take a lot to get
this machine in gear) it would run closer to $300 ,000 annually. If that is
the case , where is this money going to come from? I understand that the
proposal at the present time the Controller tells me for this year it
will come out of contingencies . Well , contingencies are a little bit
like landlords - they are the whipping boys , they get everything that
nobody else will take the blame for. They blame him for it. Contingencies
are used so much that sometimes toward the end of the year if some extra
emergency comes along you need them for, they are no longer there. However,
it is possible that in view of the fact that it will take a while to get
these inspectors employed or trained, it might be possible to take it ou'
of contingencies this year, I won' t argue that. Certainly contingencies
will have to be alot larger in future years if it is going to come out
of that . The money for this has to come supposedly from increased taxes"
1± we are going to run in the neighborhood of even $200 ,000 in future years ,
I am sure that the city and its tight budget - there won' t be money availably
without increasing taxes . So that not only will the single family owner
have to pay increased taxes , but also the landlord and the way the landlord' s
expenses have been increasing in recent years from other items , it would
appear he could no longer absorb this and it would have to be passed on
to the tenant . The poor tenants are paying too much rent already and
this would involve increased cost for them. Also , there has been some
talk of charging a landlord so much an inspection which likewise would
have to be passed on to the tenant.
... � .
ref n�!.`.�'•'b. �^'s"Yrn�fr
� •
- 11- May 4 , 1977 0193"
i rTie
I would also like to draw your attention to the fact that if restrictions
become too tight on owners and operators of multiple dwellings in the
city, both from the standpoint of frequent inspection which takes a lot
of time and additional cost , also in view of the zoning changes proposed,
it would he much healthier for developers for now and also conversion
of properties to go outside of the city into the towns and if that
happens instead of the purchases of merchandise and services that the land-
lord is going to make , as well as his tenants , coming to city merchants,
they will go to Pyramid Mall or whereever else is closer for them.
I would complement Charter Ordinance on their action in cutting down
1 the discrimination between owner-occupied and unowner non-occupied. One
j phase of this proposed ordinance that the landlords would like to see
t changed is a vague statement in Item 2 which says "includes all applicable
�-' codes . " It is like buying a pig in the bag, like a landlord renting to
a tenant and putting in the lease "you must hereby agree to any rules
that I might decide to make in the future . " So it is left wide open.
We would like to see "all applicable codes" removed and specify exactly
which codes are involved there . In regard to the fine charges , Item 3 ,
we don' t object that there might be cases where $250 fine would be in
order but we feel it should be a sliding scale . For a minor violation
L )we feel a much smaller fine would be in order and according to the
(lseverity of the violation. The worst thing that we worry about is that
opinions have been expressed that this might be injunctive and if so and
Q it takes 60 days to bring an apartment or building into compliance , the
owner paying $250 per day for 60 days would justly be considered
Q exhorbitant. Another thing that might be objected to by tenants is another
Q vague statement in Item 4 "and other pertinent information" which might
be considered by tenants as an invasion of privacy. It is there again
very vague and very open. I think the building commissioner at the present
time has what authority he needs to get the information he needs. In
fact the application that the owner makes out to get his certificate supplies
quite a bit of that information already.
Another thing that I would like to bring out that this apartment ordinance .
has been requested in some quarters to improve the outside of the building
and garbage strewn around the front yard, noise and this sort of thing.
L., It wouldn' t necessarily control all that, even because it is not presently
covered in , to my knowledge , the Model Housing Code or in the State
Multiple Residency Law and if landlords in more and more areas are not
allowed to convert to add a room or an apartment it means at the same time
then he is not going to make improvements to that property, or he is not
so apt to" because when you are adding a unit or room it gives you additional
income to repay in time a certain amount of that cost and also there are
many cases where it works to good advantage to do both at the same time -
make improvements along with the addition of space. I would also like to
point out that it has been mentioned that 35% of the buildings in the
City are in areas that could be made multiple dwellings , but we have to
keep in mind that a good many of those buildings in those areas are not
presently convertible for many reasons : they may not have enough side
yard or front yard or meet other requirements . Therefore you are greatly
limiting the areas and buildings that can be converted. There is bound
to be a loss of apartments over a period of time. Such things expire -
such things as Tom Hoard, or any building commissioner or inspector, turning
down an apartment or sometimes a whole building is condemned. I am not
saying it should not be. There may be cases where it should, but there will
be cases where individual units will be removed from occupancy availability
and buildings will burn and sometimes buildings have been sold to families
who use them as single family dwellings . So in order to make up for this
loss , in order to keep the number of housing units even equal with what
it presently is , we need to keep in mind arrangements for additional units
by conversion or construction. Thank you. "
Amendment to Zoning Ordinance
Dr. Robert Baker, 615 Cayuga Heights Road, addressed the Council :
"Mr. Mayor, members of the Council : I am speaking only for the 400 block
of North Tioga Street . No. 1 , Mr. Cornelius , just one remark - is the
400 block of N. Tioga Street- - I was surprised- - i didn' t receive a map until
-12- May 4 , 1977
Ziff
this afternoon, late , we got a copy. The last comments I did hear from
thn Tthara Journal fah; ch -µid the Fall Creek neighborhood, blocktheJ
north of DeWitt Park, would be designated R- 3. That is my interest. The
blocks on the other side of the creek I agree with. I was surprised, and
I can say this , with Dr. Cappucci here . His building is a dental office
and a Real Estate office , the Weaver-Banfield-Schempf building is in that
area. I can tell you right now the other Tioga Street properties I happen
to own are not single-family occupancy. That is the only area I am
speaking to - N. Tioga Street - but I was surprised when I received the
map and did find that, and I also agree with Mr. Giordano that I hope we
could get off dead center and do some buildings , but I would also like to
see this thing resolved, but not too fast . I would like some comments
made. I have tried to decipher the thing. I did ask the Council to cons er
changing the 400 block of N. Tioga Street to a B- i - that is my request.
That is my only request and I can assure you going down the 400 block of
N. Tioga you will find that it is predominantly used again for dental
offices , real estate offices , multi-family dwellings and I don' t think
we have downgraded it at all. I would like to think since the 60 ' s when
we have been there that we have attempted to upgrade it and have gone on.
I would like to make one other brief comment about Mr. Sullivan' s comment.
I do feel that this whole study, if I have read it right , has been sort
of formulated around the study that was done by the prior Planning Board
on a study for the proposed rezoning of an area of the City of Ithaca
from R- 3 to B-1. Really I would just like for a minute to look at the
study and as about a third or fourth generation Ithacan try to understand SOME
of it . Some of the understanding of this - you know when we discussed
office space availability. Office space availability and actually the
feasibility or the fact of using office space are entirely two different
things . Now, as long as I can remember we have had in the Commons or
the State Street area areas that were available for office space . I tell
you right now it is very hard and I would refer to all kinds of studies
today with our contemporary society to force people into second or third
floors of the Commons . I just don' t think it is possible . We have lost
professional people in this town. I have read the 17% vacancy thing and
I agree with you, it is vacant , but I will tell you I could not get an
orthopedic surgeon on the third floor of the old Ormond Hose Company,
there is no way we can do it. So we do need that arrow aimed at the Comm s
which is North Tioga Street and the 400 block I speak of only. I do
think we need an area to expand, we do need office space and can go over
and over this again. We have lost very fine people that we would like
to get in this area, come in, because we cannot offer them proper _ office
space . So the available office space and the usable office space I would
really contend with, I would question that very much. I am speaking for
the 400 block of N. Tioga St. and I think we are here to listen to the
people in the area. I have had absolutely no opposition from by block,
we have been through lots of hearings and all I ' ve had are. complements
and support and really encouragement to change this zoning to a B-1 . I
have had no one on that block and if we could bring a petition to you
showing , and I am not talking about over the creek and the residential
area - I 'm talking about an area that has been developed and I don' t think
it is a negative effect on the area, I think it has had positive effects ,
.i feel sort of proud as an Ithacan that we have added to our tax base in
a considerable way. I think that is an important thing for all of us .
The concern about the detrimental effects of the neighborhood really I can' t
buy too much. Ithaca, incidentally, is a strange town as we all know, we
211 love it, we have all been here and it is very difficult today - the
pattern of usage of a community changes . Back in 1900 when I started
practicing it seems we were all in the Seneca building. Well , that is all
changed; there is no one in the Seneca building now. People have moved
out , we moved out , and were encouraged to move out because that property
had to be used for other means . There was no parking, there were a lot .
of things going so we were encouraged_ Dr. Baldini made the move , Dr. ....
McCauley made the move , cur group made the move and group after group
has made the move. We have also moved a lot of people out of town which
very frankly don' t like to see . We have lost a lot of good physicians
and dentists very frankly because we haven' t got adequate places to put
them. We were fortunate at 408 N . Tioga St . where we did a little private
urban renewal to encourage 2 dental specialists to come into town that
we could not put into an area unless we could offer them feasible office
space . And you know, I can ' t go through the Mickey Mouse things of living
•
a9�
-13- May 4 , 1977 xr
in the place and saying I live there of anything else . I want to be
honest about it. I think we need more office space in our area. There-
fore , i can' t accept this study as being a really valid study. I have had
other planners look at it ; 1 have had local realtors look at it. and I
have had statisticians look at it and it reminds me of the recent research
study done with the mouse and the mouse trap going - after the cheese were
dead and the Drug Administration stated, "there is absolutely definite
proof that cheese has a deathly effect on the mice. This reminds me of
this study very much that we have to have a reasonable understanding that
usable office space is not always available . So my plea would be members
of the Council and Mr. Mayor , that you would consider this very strongly. -
The 400 block of N. Tioga St. is not a residential block. It hasn ' t been
for a long time . It is used now for the uses I 've said. We ' ve been all
through this so I would ask you to consider strongly revising your sug-
gestions in this area. "
Dr. A. Edward Cappucci , 415 N. Tioga Street , addressed the Council :
"Mr. •Mayor, members of the Common Council, my name is Dr. A. Edward
Cappucci I practice at 415 N. Tioga Street. I own that building with
inDr. ' 1)aldini and I would just simply reinforce what has already been stated
O by Dr. Baker and Mr. Schechter. Dr. Baldini has been in that building
since ' 1955 and I have been there since 1957. We have never had a complaint
by anyone in the neighborhood. We feel we have upgraded it. I saw the
Q map for the first time this afternoon and it seems to me rather capricious
Q on the part of the Planning Board to make a little zig-zag and eliminate 1
piece of property just this side of the creek. Now, one piece of property
south of the creek can be a lot of difficulty when it comes time to decide
who owns the property, whether someone else wants to move into it . It
also seems to me to be rather unfair when you have a natural boundary ,
the creek, to determine exactly where that B-1 zone should end. So my
plea is again to rezone that 400 block of N. Tioga Street B- 1. I also
would like to reinforce what Dr. Baker has said. I would guess that none
of you had been aware that there had been physicians and dentists who
would not come into this community to practice because there is no office
space. We have lost physicians and dentists to the professional building
on the Trumansburg Road. Now, a short time ago , Council became involved
in the old Mobil station to bring the Family Practice Center downtown into
that area. Personally I think that was a mistake , but I was in favor
of bringing more physicians and dentists into the community area , into
downtown Ithaca area. We have a great many elderly people who live in the
city. It is difficult for them to get to the professional building or any-
where else out of the city limits for medical and dental care , and so if
you are going to limit the area where we can open our offies , you are simply
going to limit the number of professionals who are going to be available
to the people who you are supposed to be serving. So my plea is primarily
to make the natural boundary the creek as it has been and leave that zone
B-1. I am in sympathy with Mr. Cornelius - I don' t think there is any
problem there . They have a high density but our block in N. Tioga Street
and a block in Cayuga Street have been for many years occupied with
professional offies : our office , a dental office; J.D. Gallagher has
a real estate office upstairs. Next door we have Weaver, Banfield and
McNeil . It is kind of hard-pressed to find residential areas. in that
block. So please give that serious consideration. Thank you very much. "
Mrs . Patricia Carlson, 407 N. Aurora Street , addressed the Council :
"My name is Pat Carlson and I live at 407 N. Aurora Street. I would like
to correct a couple comments that were made by Dr. Baker. and Mr. Schechter.
Unlike the two men that I just mentioned, I live in the area that we
are talking about and it seems to me that there are two things that we
ought to remember: first of all it is a good idea to support businessmen
and I am very much in favor. . of this. I think that everything possible
should be done to encourage business in downtown Ithaca. I don' t think
it encourages business , however, if there is a 17% or so vacancy rate and
you add more to the already - if the supply is too large already , adding
more doesn' t seem to help very much. On the other hand a number of people
have already testified and probably will testify tonight that there is not
enough hnncinq in Tthncn . T believe that nno rpr"r"nt .PrtimniAT c '9- vqr-phr-v
rate there. Obviously you would need to have to have a very strong reason
s
to get rid of any housing units whatsoever. Now , certain things that
have just -been mistaken in the comments made tonight : First of ;;i.i ;
North Aurora St. between Court St. and the creek, the dowiistai of one
building is an office use , every other building there is in residential
o2y� -14- May 4 , 1977
use. Even on N. Tioga which everyone commented on because there are a
large number of offices - there are 9 residential units at least and
nerhanc ethers that don' know_ that I don' t ,���vw abuuc and l think that in this case
that Council should be very cautious about rezoning any more business
area at all. "
Apartment Ordinance & Amendment to Zoning Ordinance
Mr. Orson Ledger , 608 S. Albany Street , addressed the Council :
"Good evening, I am Orson Ledger. I reside at 608 S. Albany Street her,
in the city. I am a landlord and I would like to agree with Mr. Johnso.
on the part of the Apartment Ordinance that the applicable codes be cha d
to describe each and every code involved in this so we know exactly wha,
we are talking about. I would like to support the three-year inspection
as versed to the annua]. inspection. I would also like to be in support
of this Tioga Street block being B- l . My sentiments are a little bit
different than some of the doctors . My idea is that it is close to
the Court House and makes it very easy for lawyers to get into the Court
House to check their records for real estate transactions and court hearings .
I think that there is a lot of room on W. Seneca Street for doctors and
dentists - also on State Street , maybe on Green Street where they could
locate but I would not have any objection to them locating over there
either but I think that this area close to the Court House is quite
advantageous to the attorneys to conduct their business . Also , I would
like to comment on one other little thing. It seems that a lot of people
are leaving Ithaca for various reasons . I am quoting a colleague who
told me one day that Ithaca, if it continues to do so, might become like
Watkins , only we don' t have the Glen to attract people . So I would like
to have this thought about before we make any rules and regulations
tonight . Thank you. "
Apartment Ordinance
Mr. Daniel Rhoads , 620 N. Tioga Street , addressed the Council :
"My name is Daniel Rhoads ; I live at 620 N. Tioga Street , and I am a
member of the Fall Creek Civic Association. I am here speaking in suppo
o '= the Apartment Ordinance. Now, we have listened to Mr. Johnson indicate
the problem, for instance , of apartment owners moving their residences
outside of the city, but we haven' t heard anyone mention the other side
of the problem. Down in our area we have had speculators move into our
area, we have seen them purchase these houses , convert them into multiple
dwellings , and then they have allowed the properties to deteriorate , and
not only deteriorate the value of the property that the person purchases ,
but devalues all of the other properties in the neighborhood. Secondly,
another problem that arises because of this is the fact also that many
people get very exasperated in trying to get these people , especially the
absentee landlords , to clean up these places , to at least maintain them
at the same level of other people in the neighborhood. And when they can' t
they get exasperated enough that they end up selling their homes and
leaving. I can name you instances and individuals in the Fall Creek Area
who have already done this . Not only does this exodus of 1 and 2 family
homes hurt the neighborhood, but it also hurts the city because the biggest
taxpayer in the city is the individual property owner and if you let the
erosion of the tax base of the city continue because of this we could end
up in the same situation as some of these other cities , for instance New
York City. I would like to have Common Council consider that. "
Peripheral Streets
Peggy Underwood, representing the Downtown Businesswomen , addressed
the
Council :
"I am president of the Downtown Busin_essti:omen;. and I would like very much
to „rtre Common Council to adopt the plans and implement the plans for the
peripheral street improvement . The Downtown Businesswomen are dedicated
-o the a.^velepra.ent of the central core of Ithaca as an attractive business
c :rt :or, We have worked in Urban Renewal days when we had lots of holes
a: the (YT•ctfnd and theTe was very little we could do. We worked very long
zr1 ec r d with the Mall Steering Committee , we are continuing to work with
'c •,e Commons Advisory Board and one of our members is a very important
member of the Commons Design Advisory Team. I think we all recognize
that creation of the Commons has created a very positive attitude in our
downtown area. There are many people who have a feeling that this is an
area which belongs to the citizens now. Because of the creation of the
- 15- May 4 , 1977
Commons we have seen a tremendous amount of facade improvement done by
private property owners on the Commons . If any of you have had a chane
to see an old photograph , even one year old and take a. look at it , the
State Street area, and real i :'e what our city did look like a very short
time ago , you would be absolutely amazed. But we have now created an area
that is as lovely downtown as our topography. Ithaca is a beautiful
town . But the Commons needs to be extended beyond the 2 1/2 block area
that it now consists of. it needs to be extended to the peripheral street
area. One of the first things that I de if I ever have a visitor coming
to Ithaca, or someone who hasn ' t been here in a long time is to say,
"you must see our Commons ," but to get to the Commons you have to go through
the peripheral street area. And that is not very attractive . So we are
urging that Council adopt and implement the peripheral street improvement
immediately. We feel that the momentum is here now, people have the pride ,
the interest , in fixing up their buildings , their facades , their interest in
downtown Ithaca, and don' t let ' s lose that momentum. Let ' s keep it going. "
Apartment Ordinance
Jason Fane , 133 N. Quarry Street , addressed. the Council :
in "There are several points in this ordinance which I would like to suggest
would be unwise for you to pass . The first point deals with the frequency
O of inspection. It is my understanding that there are two types of inspection
Q which the Building Department and its inspectors carry out. The first
Q category of inspections is that category which I will call requested
Q inspections- - inspections which somebody wants to see carried out - the
landlord wants the place inspected , the tenant wants the place inspected,
maybe a bank considering a mortgage wants the place inspected, insurance
companies maybe have an interest in electrical wiring - these are inspections
which are requested inspections . The second category of inspections are
inspections nobody wants , and this is the category of inspection which your
proposed ordinance suggests to do 5 times as often , and this seems to me
you will be provoking tenants concerned about their privacy , wasting the
time of landlords or employees upon taking inspectors through to do something
that nobody wants . It seems to me that this aspect of the ordinance is
totally unnecessary. The second aspect of the ordinance which I would like
to speak to you about concerns the information which it is suggested that
a landlord provide. Now, just what use this information is to anybody
I don' t know, but there ' s this I can say. I don' t know how any landlord
in fact could go about finding out how many cars a tenant intended to
have. There ' s no law requiring a tenant to register his cars with the
landlord; he is required to register ethem with. the State Dept . of Motor
Vehicles . Another prohlem you have- -you say , "how many people will live
in the apartment?" If the tenant elects to have a guest , or if someone
moves in or moves out , it ' s very hard for the landlord to find out . And
this applies to a lot of the other information. Perhaps there is a need
for it ; I suggest that if the information is that urgently needed that the
Building Dept. should go directly to the tenants involved and request that
the tenant provide information about himself, because there is no way that I ,
or anyway other landlord can get this information and even having asked to
have any assurance- that the tenant is telling the truth. And I would feel
it a great imposition to be under potential criminial penalties because
somebody didn' t tell me the truth and I passed on this information and
the Building Dept. felt they weren ' t being dealt fairly with. So this is the
second point that I cam concerned about. I would like to reiterate the
third point which was brought up by Mr. Johnson and Mr. Ledger concerning that
the codes concern should be spelled out. It ' s very hard to be asked to
comply with certain laws without knowing exactly what they are . I also
would like to reiterate the point made by Mr. Johnson concerning the fines
that , if there are to be fines , they should be related to the severity
of the offense and $250 minimum seems to me very extreme , especially
when you consider some of the possible infractions . And I ' d like to tell
you what some of the issues covered by the code are because maybe some of
you have not had to operate under it.
The National Electrical Code , for example , requires that outlets along
the wall be every 12 feet. You may have a situation in the room where
outlets are every 13 feet. None of these outlets are Lein used. Never-
+1, tip_ r
olds , haat wall of ou ...ieLs are in violation . It seems to me that, in.
such a situation $250 fine would be very severe . (Any residential bui _td._nc
in Ithaca., regardless of when it was built , if it's to comply wtri
must meet: the current National. Liectric Code whicIh is now 1977 Code) h , . '
what the ordinance provides .
- 16- 'May 4 , 1977
'There ' s another point I would like you to consider. It depends where the
Apartment Ordinance fits in with other plans you are discussing. It seems
to me that if you wish the proposed zoning ordinance expanding the R-I
and R-2 areas to he clic e sft'l -ald-alalto to avuid NuiLing a severe hardshi,r
on the renting public in the City of Ithaca that you should abandon any
consideration of this apartment ordinance at this time. I ' ll tell you why:
What this does , it starts pushing people into the remaining areas which
are legal for rental housing - namely R- 3 and certain B zones . If at
the same time you are also going to step up your enforcement, you've
got certain apartments which may not strictly comply with code . I 'm not
saying that they are unsafe , they maybe have the outlets too far apart ,
maybe a ceiling which should be 7 ' 6" high may be only 7 ' 4" high. Insperto7
cannot pass this apartment . You' ve got two choices : you can shut the
apartment down , which I think gives you tremendous back pressure in
frustrating your purpose on the zoning ordinance , or else you can start
fining people . Now the problem that the landlord has - there are times `-'
when no matter how badly he might like to comply with ordinance he hasn' t
got the money to do the changes that are suggested, or if he ' s got the
money he can' t find available manpower. I must admit in recent months
with the moratorium, manpower has been more plentiful. But the question
of money is largely determined in Washington. You've got periods of tight
money ; you' ve got periods of loose money. In periods of tight money banks
are just not making improvement loans or other loans concerning real propert
And while I 'm on the topic of banks I ' d like to tell you about another
concern which I have. It has been my experience in talking with the local
banking community that as more legislation of thetype your' re considering
gets passed, the banks get leery of investing their money in either
mortgages or improvement loans in rental property. To the extent that
banks are afraid to lend on this property, there are mighty few property
owners that have any way they can finance improvements to meet code or
otherwise'. Thank you. "
Sharon Flank, 407 Eddy Street, addressed the Council :
"I represent Cornell Public Interest Research Group. I ' d like to address
some points that Mr. Fano spoke of. First of all , at a certain point he
confuses the apartment ordinance with the zoning ordinance in that the
apartment ordinance covers inspections and the zoning ordinance treats
density of housing. Let ' s try and keep that straight. As a renter. and
. as a student , and subject to those inspections , I do not object to them
and they do not disturb my privacy. I consider them useful. It may be
impractical at a certain point to inspect them every year, since they may
have fallen behind in the pack (they might be every year and two months)
I don' t care , it ' s an improvement , it ' s a terrific improvement . Regarding
the fire of $250 , that fine should never have to he imposed. It doesn' t
matter how high it is for a little offense , it ' s the period which the
offender has to remedy that which is in violation of the fine . He should
be reasonable , he should get that in writing, but the fine should never
have 10 be paid, so let ' s keep it high as a deterrent.
On page 2 of the apartment ordinance as I have it , Item 4 says that before
issuing a certificate of compliance property owner shall provide the city
such data as the number of sleeping rooms , residents , parking spaces and
other pertinent information. Other pertinent information is a very loose
clause and I ' d like to have that struck. Further on in the ordinance
inance
there is a question requestingdata - that ' s fine ; but shall t 1 be required
to provide I think is awfully strong , and other pertinent information can
include things that are intrusions on our privacy. Thank you. "
C Murray VanMarter, 209 S . Geneva Street , addressed the Council :
"I 'm looking at the District Regulations Charts in regard to R-1 and I
find there has been introduced `! permited use of 2- family dwelling.
This did. not before occur. We had some kind of a premise or prelude whi_
'_rad'_ cat ed you were going to stieE?gthen this zone and additional density
would not be encouraged. This was intended to eliminate it . New it ' s
written in , if this does that which they stated was the intent ,. I don' t
understand 7_t_. Ihi`, is dated 4/22/77 . When you get to the minimum lot size
I.' ou'..rt d it describes everything except what is required for 2- family.
`!h t ' S cr ithmetic Lha t needs to be corrected. The other introduction into
- 1 May 4 , 1977 migi
F .
all zones and permitted is group homes . One of my questions was intended
to be , "who in all these neighborhoods did support this introduction _n se,
R-2 and R- 1? I got part of the answer here tonight where Belle Sheuaa
and Fail Creek have written in support and all it means to nie is they
don' t know what is in this and what is implied. Further , the group home
permitted in any. district . The other question was , "who would support tht?"
And I don ' t think there ' s an answer but I 'm putting it to you the best way
' I can in the form of a question.
New definitions required -- you have inserted words here that have not
appeared before like block space , and under home occupations you have
residence household. I would urge you very much to look at that carefully.
In regard to density control for group houses in R-la requires over 6
residents an additional. 1000 square feet of lot size which produces a
requirement of 16 , 000 sq. ft. If I had a few more days or a few more
hours I could find out the 8 or. 9 locations that this could occur in every
R-la, R- lb district. R- lb is 12 , 000 . When we get to R- 2 the additional
1 ,000 per individual over 6 amounts to a lot size of 1.1 ; 000 and I can point
i out the dozen. that might occur and I can assure you that it won ' t happen,
in aIn R- 3 it ' s even more cute , For each additional over 8 it requires 1 , 000.
In This means in R- 3a would require a lot size of 9 , 000 sq. ft. If we had a
0 little time of maybe the computer can answer this - would indicate how few
Q locations that might be . In R- 3b the lot area in gross required is 7 , 000 ,
Q so some comedienne would tell you that the big print gives it to you and
Q the small print takes it away. I 'm not going to say that to you, but I 'm
going to ask. you to look at it and see what you' ve done . There needs to be
a place for these people , they can' t be all beautiful like you and I .
There ' s definite defect , and I encourage you to look at it , and I encourage
you to correct it before it comes to the point where somebody makes an
application, goes to the Board, they stand up and say: you have got 3
requirements I have to show —that this is unique in the neighborhood ,
it doesn' t occur with any of my neighbors ' lots , houses , neighborhoods .
I have to show that the other two requirements . He can' t show them; there ' s
now way in the world he can show them. All he can do is stand before the
1 . Board and say, "these ridiculous requirements were imposed, they were
supported by people in at least two areas of the city, and I have no way
to meet it , and i 'mi saving to you that none of these can happen the way '
this is written. If it ' s done intentionally, you ought to be criticized;
if it ' s not done intentionally , you have the possibility of correcting it
so that this thing could be made to be workable . Thank you. "
Council recessed at 9 : 20 p.m.
Council reconvened into regular session at 9 : 35 p.m.
PLANNING $ DEVELOPMENT COMMITTEE
Peripheral Streets Report :
Anton Egner, architect for design of the peripheral streets , presented
concept plans for the peripheral streets , purpose of which is to effect
better usage of these streets around the Commons by pedestrians , as well
as vehicles .
Discussion followed.
COMMUNICATIONS FROM THE MAYOR
Appointments - Youth Bureau Advisory Board
Mayor Conley announced the appointment of Gabriel Aiello , 707 N. Aurora
Street , to the Youth Bureau Advisory Board of a three-year term endin?
December 31 , 1979 , to fill the vacancy created by the resignation of
Douglas Addy.
Resolution
By Alderman Boronkay: seconded by Alderman Slattery
RESOLVED, That this Common Council hereby confirms the a?mointrep by
the Mayor of Gabriel Aiello to the Youth Bureau Advisory- Board..
Carried Unanimo;_ls;., ti
3o -18- May 4 , 1977
Environmental Commission
ayoi Cenley read idle resignation of Richard W. Steinbaugh from the
Environmental Commission , effective immediately, and requested that the
Commission make recommendation to him so he could make an appointment
to fill the vacancy at a future meeting.
Tompkins County Area Development Inc.
Mayor Conley read the following letter to the Council :
Mayor Edward J. Conley
108 East Green Street
Ithaca, New York 14850
Dear Mayor Conley:
In accordance with the By-Laws of the Tompkins County Area Development ,
Inc. , the City of Ithaca has two representatives on our Board of Directors ,
one of whom is the Mayor and the other a duly elected member of the Common
Council , who is appointed to our Board by the Mayor.
We would appreciate your appointing someone to fill the vacancy caused
by the death of Anthony Spano and advising us of your appointment.
Very truly yours ,
R. Davis Cutting
President
Mayor Conley announced his intention to appoint Alderman Bordoni to
serve with him on the Board of Directors of the Tompkins County Area
Development , Inc.
Board of Public Works
Mayor Conley announced that he had received the resignation of Stuart
W. Stein, Commissioner of the Board of Public Works who is out of the `s
country on sabbatic leave.
Mayor Conley announced the appointment of Robert B. Allan, 125 Eastwood
Terrace , as Commissioner of the Board of Public Works for a terns to
expire December 31 , 1979 , to fill the vacancy created by the resignation
of Stuart W. Stein.
Pc, so -ution
' Alderman Holman: Seconded by Alderman Boronkay
RESOLVED , That this Common Council hereby confirms the appointment of
Robert B. Allan as Commissi0ner of the Board of Public Works .
Carried Un?'nimously
j o N �.,
Mayor Conley cO;!iT'iit: 2l'teQ that he will be apnO iilt'.in{; a rE:C)reSk',)ltat].'v':^. of
the BOard of Public st;crks t0 servo on the I`lann-nLoard and -? r p resentati
t o the Urban Renewal Agency very soon ,
CTTY ATTORNEY' S REPORT
Center t _
�-,
���2' the E' � ..
City Attorney Shaj;iro referred to e communication from Tom 1Niederk0rn
t -h i 'pn_ t to the eTrtln; to the lease between Lhe City and the
Can ; c for the Ars , Inc, and an extension to cei rai n additional areas
e i' r= facility.
�'. J Inc- .�.�Y:{.t.--; the .L t l.,y.
',T 1 ^ � sSeconded by Ai(E'_ i'1 "; Bordoni
Rn %n7
iAL1. The center iof th Arts , fn + hs requcsted an amendment
Center
the lease uc I.t:f;t;-;i the City of Ithaca and the E:1.1F ._r for11IiitS ,
Taa_ , date,1 7/22/7a , whereby additional land as shown lYit Or a revised
attached. hereto would be Included in the demised premises , and
';!IEAS , Said additional land is required to encompass certain improvements
to the premises Surrounding the han;?at facility ,
303
-19- May 4 , 1977 401 1
NOW, THEREFORE BE IT RESOLVED , That the City Attorney A r be directed to
prepare an amendment to the above referenced l ease to include the
additional land is requested and that the Mayor be and he hereby
reby
authorized. to execute same.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Ayes (9) - Boothroyd, Bordoni , Be cnka"�', Dennis , CutenUerge , Meyer ,
, c a
NiC:"1Jls y Sc��C_LiCCi , Slattery
lul.tei'y
Abstention (1) - Holman
Carried
City Attorney Shapi.ro reported that all lowsui ,; pending at the previous
meeting of Common Council are still pending.
CHARTER ORDlNANCF COM'iI 1 EE
LO
in Apartment Ordinance :
0 Alderman Nichols reported that , at the recommendation of the City Attorney ,
Q the committee would leave out temporarily, with everyone ' s permission,
Q Sect. 27. 46 because it is their intent to amend a later section in the
Q Housing Code which will be dealt with next month by bringing in a new
Paragraph 27. 57 which will apply to the entire code , not just to the
Apartment Ordinance.
Resolution
By Af erm n Nichols : Seconded by Alderman Bordoni
ORDINANCE NO. 77 - 4
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
bNew York, that Chapter 27 , Article I of the Municipal Code entitled
"Housing Code" is hereby amended by the addition of the following :
Section : 1 PART 7
APARTMENT ORDINANCE
•
27. 44 Inspection of Rental Units
All rental dwelling units shall be inspected annually by the
Building Department. The Building Department shall determine
a schedule for the performance of such inspection.
27. 45 Certificate of Compliance
a. The Building Department shall issue annually a Certificate of
Compliance with all applicabale City codes to all rental dwelling
units covered in Section 27. 44.
b. The Building Department shall not issue a Certificate of Compliance
to any rental unit as described in Section 27. 44 that is in
violation of any applicable code.
C. Failure of an owner of any rental dwelling unit to hold a valid
Certificate of Compliance for said rental dwelling unit shall be
deemed a violation of the Housing Code .
27. 46 Dwelling Unit Information.
Before issuing a Certificate of Compliance , the Building Commissioner
or his deputy shall secure a Rental_ Property Information Form,
completed and signed by the property owner , which includes such
as the Building n ssioner or the 1 j ` � n e
illfornlatic�rl L�i.11_ .-d7.. �, Commissioner 7:ite�.t.oz a� ��_�.��rini;l;..
4ndnewel .•.• -,-+'- _,.__. - - including , ,.� a 4
._._ ..� . .. .-..� ..:ate Lu) vilut;SL , but not limited {-o the
following : 1) number of duelling units , 2) ilinnber of residents
in +well dwel I_in unit ,- J) iI111I'1 C1' of sleeping IOOWS in each
un'.t- , 4 f number of families -i.'"L I7} in each dwelling unit , S) nt
Of unrelated individual in each dwelling Lllt , 6) number of
e 1 Lle ;
owned by residents of the premises .
30Y
Wir - 20- May 4 , 1977
Section 2 . Effective Date
This Apartment Ordinance shall take effect on July 1 , 1977 ,
after publication of the notice pursuant to Section 3. 11 B
of the City of Ithaca Municipal Code .
Discussion followed on the floor.
The following amendments were offered:
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That p . 27. 46 be amended by striking ' the Building Commissioner
or the Director of Planning C4 Development may request , including, but not
limited to the following: '
Carried Unanimously
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That pps . 27 . 44 and 27. 45a be amended by replacing the word
' annually' with ' every three years. '
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call , which resulted as follows :
Nichols voting Nay Meyer voting Aye
Saccucci " Aye Bordoni It Nay
Boothroyd Aye Gutenberger " Aye
Holman " Nay Boronkay It Aye
Slattery " Nay Dennis Aye
Ayes (6)
Nays (4) Carried
A vote on the original resolution as amended resulted as follows :
Carried Unanimous
ORDINANCE NO. 77 - 4
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, that Chapter 27 , Article I of the Municipal Code entitled
"Housing Code" is hereby amended by the addition of the following:
Section : 1 PART 7
APARTMENT ORDINANCE
27 . 44 Inspection of Rental 1hilts
All rental dwelling units shall be i-.s,peoctod ovary three 'Dears
by the 6uiJciing Department . The Building Department shall
determine a schedule for the pere -mance of such inspe ctiOn.
a. The Kalil ding Department shall issue every three years a
Certificate of lcm'?li_,a1ee with all applicable C__tv and State
codes to all rental dwelling units covered ered in Section 27. 44 .
b . The Building Department Irene a Certificate of
Compliancet;o , ny ren :_,i- ?: =.s _ s cescr ; '; -':1 in S .ction. 27 . 44t
that is in => .,o1,._tia...n ti any <tpilA.lt.;:l .'.i._, Cityand State code .
c. o te re failuan i na r of a ly rental d,'-c _' _
l rg unit to hold a valid
R. _i
.,',., .. `-4- ....a .:.. of a...vi"tlJt a. Oji a,.t; for s7i i:.I t'._;rl ..a , LhZh i. ar.. shall be
i, tt rt violation of 1.pi' "lousing Code .
- -
moi. } .�. -„ y Unit s l.t. �)f "'- ?_.2-tail
Before issuin; a Certificate of C .upIiat:,.:e , the Building Commissioner
or bis deputy snail se>'e', - a Penta l Property Information Form,
completed and signed r the property owner , which includes such
information els : l) hlidt)er of dwelling units , 2 ) number of residents
- 21 - May 4 , 1977 gas
in each dwelling unit , 3) number of sleeping rooms in each
dwelling unit , 4) number of families living in each dwelling
unit , 5) number of unrelated individuals in each dwelling
unit , 6) number of vehicles owned by residents of the premises .
Section 2 . This Apartment Ordinance shall take effect. on July 1 , 1977 ,
after publication. of the notice pursuant to Section 3. 11 B of the
City of Ithaca Municipal Code.
State Environmental Quality Review Act , Local Guidelines - Public Hearing
I By Alderman Nichols : Seconded by Alderman Boronkay
BE IT ORDAINED by the Common Council that the City Clerk shall advertise
a public hearing to be held on June 1 , 1977 , at. 7 : 30 p .m. in Common
Council Chambers at 108 East Green Street on a proposed chapter of the
Municipal Code implementing and specifying local guidelines for
environmental quality review.
Carried Unanimously
Zoning
LU Proposed Chances to Zoning Ordinance - Residential Districts v
0
Q By Alderman Nichols : Seconded by Alderman Bordoni
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGE (S) TO ZONING
....... RESOLUTION
ORDINANCE PERTAINING TO RESIDENTIAL DISTRICTS AND PROVIDING FOR PUBLIC
NOTICE AND PUBLIC HEARING
WHEREAS, on September 1 , 1976 , the Common Council of the City of Ithaca
directed the Planning and Development Board, with the Building Commissioner,
to undertake a thorough review of residential zoning in the City, and.
WHEREAS, this review has been completed and the recommendations arising
therefrom have been referred to Council by the Planning and Development
, Board,
THEREFORE, BE IT RESOLVED that Ordinance No. entitled "An ordinance
amending Chapter 30 entitled ' Zoning' of the City of Ithaca Municipal
Code ," to provide for certain changes • in the residential districts and
regulations , be and it hereby is introduced by 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 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 25th day of May, 1977 at
7 : 30 o' clock 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 ,
BE IT FURTHER RESOLVED, that the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the proposed zoning
ordinance for its report thereon.
•
Carried Unanimously
Possible Extension of Moratorium
By Alderman Nichols : Seconded by Alderman Bordoni
RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGE (S) TO ZONING
ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING
3°C' . - 22- May 4, 1977
is
BE IT RESOLVED, that Ordinance No. entitled "An ordinance amending
Chapter 30 entitled ' Zoning ' of the City of Ithaca Municipal Code" to
provide for eAlending a temporary moratorium on certain Building Permits
and Certificates of Occupancy be 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
on the matter of 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 1st day of June, 1977 at 7 : 30 o' clock
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.
•
BE IT FURTHER RESOLVED, that the City Clerk shall transmit forthwith
to the Tompkins County Planning Board a true and exact copy of the
proposed temporary moratorium for its report thereon.
Carried Unanimously
,i Trapping Ordinance
Alderman Nichols reported that Chief of Police Herson feels that the
Conservation Law seems to protect the City and the committee .should
withdraw the Trapping Ordinance,
Resolution-
By Alderman Meyer: Seconded by Alderman Slattery
RESOLVED, the Trapping Ordinance be withdrawn from the agenda.
Carried Unanimously !
Noise Ordinance
No report.
Administrative Code
No report.
Method of Filling Vacancies on the Common Council
Alderman Nichols reported that this item has been discussed in committee,
but the committee has never been able to vote on it ; and she requested
that the sponsor present to the committee some form of legislation which
they would like to propose.
PLANNING F1 DEVELOPMENT COMMITTEE
South Hill-Columbia Street School Playground
By Alderman Meyer: Seconded by Alderman Holman
WHEREAS, Columbia Street Annex is a significant local landmark which is
currently being investigated for landmark status by the ILFC , and
WHEREAS , Sale , renovation and reuse of the building would increase tax
revenues to local government , and. •
WHEREAS, Additional park space would benefit lower South Hill , and
WHEREAS,REAS, The Planning and Development Board and Planning and Development
Committee has made certain recommendations on reuse of property to be
disposed of by the Ithaca City School District as well as other properties ,
-23- May 4 , 1977 __ _
II
BE IT RESOLVED :
1. That the portion of the ICSD property currently used for stairs and
open space be purchased by the City and developed and maintained
as a park, including the walkway and the section of the land leading
to it.
2 . That staff is hereby directed to i,nv tigate acquisition and
development of the private property cated across Columbia Street
and extending to Hillview for a neighborhood playground, and
•
3. That staff investigate the availability of State and Federal funds
for acquisition and improvement of the property,
4. That in granting of a variance for reuse of the property that the
BMA and the City consider the following: that the building not be
demolished but rather renovated for up to 8 units of housing to be
utilized by families with occupancy limits as imposed by the proposed
R-1 zoning regulations .
Carried Unanimously
LU Celebration-Center Ithaca
0
Q By Alderman Meyer: Seconded by Alderman Dennis ,
Q WHEREAS , The Celebrations Ithaca is scheduled for the fall of 1977, and
Q WHEREAS, Common Council has previously indicated its support for this event
by allocating funds for it , and bl
WHEREAS, A proposal for a modular activities environment as presented by
Robert Leathers would benefit the City at its temporary location on the k!
presently vacant Urban Renewal site in downtown and later at the reuse
sites throughout the city, and
WHEREAS, The Ithaca Urban Renewal Agency has resolved to provide $3, 000
. for part of the structure to be reused in the CD target area,
BE IT RESOLVED, That this Common Council appropriates $3,000 for construction
of the activities environment as proposed to be designed and constructed
under the direction of Mr. Leathers. I,
Carried Unanimously
Collegetown Report
Alderman Meyer reported that Mayor Conley, the Planning Department and
the aldermen have been working with the Collegetown merchants to
continue development and expand on the work begun there last year.
Six-Mile Creek-Circle Greenway 1
By Alderman Meyer: Seconded by Alderman Holman `4
WHEREAS, the Six-Mile Creek wildlife area is heavily used during the summer
months which creates a parking problem,
AND WHEREAS, the area for the cars to be parked has not been defined creating
both illegal street parking and parking south of the bridge on undeveloped r !
land,
AND WHEREAS, the development of the Circle Greenway and increased use of
` the area, as well as consideration for the elderly and handicapped is s='
important;
BE IT SO RESOLVED, that the Planning and Development Department ,in
cooperation with the Department of Public Works , investigate the ,
possibility of a capital project , "the development of a parking area,"
in the area of the Six-Mile Creek wildlife area. r:
4-.
Carried Unanimously '
3
-24- May 4 , 1977
Windows--Council Chambers
Alderman Meyer withdrew the item from the agenda.
v Right-of-way for Proposed Relocation of Utilities - Elmira Road
By Alderman Meyer : Seconded by Alderman Dennis
RESOLVED, That the Common Council authorizes the Mayor to sign and
instrument granting a 20 ft. utilities right-cf-way to the NYS Electric
& Gas Corporation, the NY Telephone Company, Ceracche Television Corporation
and the City of Ithaca for the purpose of constructing and maintaining
a utility pole line across property of the City of Ithaca and maintainin
a utility pole line across property of the City of Ithaca known as the
Elmira .Road pumping station; the said easement to be 20 ft. wide ,
contiguous to the southeasterly property line of the said pumping
station property and extending from land of Donald Enright to land of
Cutting Holding Corporation.
Carried Unanimously
Cliff Street - Off-Street Parking
Mayor Conley appointed a committee , Aldermen Meyer and Saccucci, to
work on the item and bring a recommendation back to the Council.
Resolution
By Alderman Meyer: Seconded by Alderman Dennis
RESOLVED, the item, Cliff Street-Off-Street parking be removed from
the Council Agenda.
A vote on the resolution resulted as follows :
Ayes (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Meyer,
Nichols , Saccucci, Slattery
Nays (1) - Holman
Carried
INTERGOVERNMENTAL RELATIONS COMMITTEE
Alderman Dennis reported that he had called a meeting of the committee
A to advise on the possibility of the city joining the Intermunicipal
Commission on Cable Television, however , no one showed up at the meeting.
Alderman Dennis commented that this item appears under Budget and
Administration' s Agenda.
It
BUDGET AND ADMINISTRATION COMMITTEE
l 1 City Health Insurance :
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That there is hereby created a Labor-Management Health Insurance
Committee whose membership shall consist of the Budget u Administration
Committee of Common Council and representatives of the five labor unions
in the City, and
BE IT FURTHER RESOLVED, That this Committee shall monitor the City' s
present health insurance program and investigate the benefits and costs
of other health insurance programs for possible recommendations to Common
Council.
Carried Unanimously
Purchase of the GIAC Building
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the Mayor be and he is hereby authorized to negotiate
with the City of Ithaca School District for the purchase of the building
which houses the Greater Ithaca Activities Center.
Carried. Unanimously
- 25- May 4 , 1977 Sio9
GIAC Phase II Capital Project : '
By Alderman Gutenberger: Seconded by Alderman Slattery
WHEREAS, The Ithaca Urban Renewal Agency has undertaken to facilitate
renovations to the GIAC Building,
THEREFORE, BE IT RESOLVED, That the Agency requests that Common Council
establish a capital project known as "GIAC Building Improvements - Phase
II" in the amount of $65 ,000 ; said funding to be totally drawn from the
Second Entitlement Period Community Development Fund Account Number 8662
known as Public Works and Facilities , subject to the approval of the
I thaca City School District.
t vote on the resolution resulted as follows :
Ayes (9) Bordoni , Boronkay , Dennis , Gutenberger, Holman, Meyer, Nichols ,
Saccucci , Slattery
Nays (1) Boothroyd
• Carried
Oraffic Violations (12/15/76) 1
LO lderman Gutenberger reported that his committee had met with the City
ourt Judge to discuss the matter and the problem seemed to be that
here is confusion regarding the current procedure for penalties , and
he tickets being used are extremely old and not up to date . There is
Cla 4-month' s supply of tickets on hand; new ones will be reordered within
the month. The committee arrived at the following recommendations :
1. Print on the tickets the information that any parking infraction
paid for within 24 hours - the fine is $1. 00 ,
2. Cite on the ticket exactly what penalties are for disregarding the `
ticket , and the dollar amounts of the penalty,
Install a second collection box in City Hall to facilitate payment
`, of tickets .
Mayor Conley requested that the item be removed from the agenda. No one
objected.
Tompkins County Fall Festival (4/6/77)
City Attorney Shapiro reported that this item had been resolved. Mayor
• Conley requested the item to be removed from the agenda. No one objected.
Summer Ithaca
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the Mayor and City Clerk be and they are hereby authorized
and directed to execute an agreement with Summer Ithaca to provide
financial support in an amount not to exceed $1 ,000 , and
BE IT FURTHER RESOLVED, That $1 ,000 be transferred from A1990 Contingency
Account to A1010-400 Legislative-Contractual Expenses .
A vote on the resolution resulted as follows :
yes (8) Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Meyer
Saccucci , Slattery
`-flays (2) - Nichols , Holman
Carried
. Development of a Formula for Request of Funds from Governmental Agencies
Other than the City of Ithaca (3/2/77)
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That this item be removed from the agenda.
Carried Unanimously
3l�
-26- May 4 , 1977
Transfer of Funds and Amendment of Equipment List - Police Dept.
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the 1977 Authorized Equipment List for the Police Dept .
be amended to include 2 additional police vehicles , and
BE IT FUTHER RESOLVED, That $ 7 ,491 be transferred from A1990 Contingency
Account to A3120- 200 Police Department - Equipment.
Carried Unanimously
Adoption of the 1977 City of Ithaca Budget
By Alderman Gutenberger: Seconded by Alderman Saccucci
WHEREAS, This Common Council adopted the 1977 City Budget on December 29 ,
19 76 , and
WHEREAS, the Budger & Administration Committee has reviewed departmental
requests for budget revisions , and
WHEREAS, it is the consensus of this Common Council that the total
appropriation as set forth in the City of Ithaca Budget adopted on
December 29 , 1976, is adequate for the operation of the City for 1977,
and
WHEREAS, it is necessary to adjust the distribution of Account A1990 -
Contingency as follows :
$100 ,000 - Regular
22 ,094 - SPCA Contract
15 , 000 - Collegetown Improvements
50 ,000 - Rebuild 3 RR Crossings
5 , 000 - Parking Lot "E"
10 , 000 - Stewart Avenue Retaining Wall Repair
10 , 000 - Planning Department
13,000 - Safety Inspection
$225 ,094
NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca Budget for 1977
in the total amount of $10, 292 , 305 be approved, and
BE IT FURTHER RESOLVED, That the following sections of the 1977 City
Budget be approved:
a. General Fund Appropriations
b. Revenue Sharing Fund Appropriations
c. Water Fund Appropriations
d. Sewer Fund Appropriations
e. Debt Retirement Schedule
f. Capital Budget
g. Schedule of Salaries F Positions - General Fund
h. Schedule of Salaries & Positions - Water £, Sewer Funds
i . Authorized Equipment Purchases - General Fund
j . Authorized Equipment Purchases - Water Fund
k. Authorized Equipment Purchases - Sewer Fund
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Adoption of the 1977 Tax Rate
By Alderman Gutenberger : Seconded by Alderman Saccucci
WHEREAS, The 1977 City of Ithaca Budget , Estimates and Requisitions
including Capital Budget , was approved, adopted and confirmed in the
total sum of $10 , 292 , 305 on December 29 , 1976 , in accordance with a detail
budget statement on file in the Office of the City Controller, and
0//
-27- May 4 , 1977
WHERAS, Available and estimated revenues total $8 , 188 , 852 leaving
$2 ,103,453 as the amount to be raised by taxation , and
WHEREAS, The Assessment Roll for 1977, certified and filed by the
Assessment Department of Tompkins County , has been footed and proved
and shows the total net taxable valuations of $105 , 544 , 308, and
WHEREAS, Under Charter provisions , the tax limit for City purposes amount
to $4, 355 , 005 for 1977;
NOW, THEREFORE, BE IT RESOLVED, That the tax rate for general City
4 purposes for the fiscal year 1977 he and the same hereby is established
and fixed at $20. 00 per $1 , 000 of taxable valuation as shown, certified
and extended against the respective properties on the 1977 tax roll ,
thereby making a total tax levy as near as may be of $2 ,103,453, and
BE IF FURTHER RESOLVED , That the amount of said tax levy be spread and
levied and the same hereby is levied upon and against the respective
properties shown on said City Tax Roll in accordance with their respective
net taxable valuation at the rate of $20 . 00 per $1 ,000 of such taxable
1-0 valuations , and
0 BE IT FUPTHER RESOLVED, That the City Chamberlain be and hereby is directed
Q to extend and apportion the City tax as above , and that upon the completion
Q of the extension of said Roll the City Clerk shall prepare a warrant on
the City Chamberlain for the collection of said levy; and the Mayor and
Q City Clerk hereby are authorized and directed to sign and affix the
Corporate Seal to such warrant and forthwith to file the same with said
Roll with the City Chamberlain, and
BE IT FURTHER RESOLVED, That upon the execution and filing of said
warrant and Tax Roll with the City Chamberlain, the amounts of the
City Tax set opposite each and every property shall thereby become
tax liens , due , payable and collectable in accordance with provisions of
the City Charter and other laws applicable thereto , and •
BE IT FURTHER RESOLVED, That the total sum of $10 , 292 , 305 be appropriated
in accordance with the Tax Budget as adopted, to the respective boards ,
offices and departments of the City for the purposes respectively set forth
therein. The 1977 Assessment Roll has been completed and approved by the
Assessment Department of Tompkins County and resulted in the following
valuation :
Valuation of Land $ 29 , 841 ,800
Valuation of Buildings $ 230 , 881 , 016
Total Value of Real Property $ 260 , 722 , 816
Less Value of Exempt Property $ 160 ,104 ,675 (61. 4%)
$ 100 ,618 ,141
Plus Value of Special Franchises 4 ,926 ,167
Net Value of Taxable Property $ 105 , 544 , 308
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call, which resulted as follows :
Dennis Voting Aye Slattery Voting Aye
Boronkay " Aye Nichols Aye
Gutenberger " Aye Saccucci Aye
Bordoni " Aye Boothroyd " Aye
Meyer " Aye Holman " Aye
Carried Unanimously
Transfer of Funds - Planning Department
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That $10 ,000 be transferred from A1990 Contingency Account
to A8020-400 Planning Department - Contractual Expenses .
Carried Unanimously
-28- May 4 , 1977
Authorization for Enclosures in 1977 City Tax Bills
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the City Chamberlain is hereby authorized to include
with the 1977 City Tax bills enclosures which pertain to the Ithaca
Commons Assessment.
Carried Unanimously
y Tax Sale Properties
By Alderman Gutenberger: Seconded by Alderman Saccucci
WHEREAS, It has become increasingly apparent that properties in the City
of Ithaca are being sold at Tax Sale which are important to the overall
development of the City, and
WHEREAS, it is the consensus of the Common Council that better control
of these properties is necessary for the orderly development of this
community;
NOW, THEREFORE, BE IT RESOLVED, That there is hereby created a Committee
whose membership shall include the Superintendent of Public Works , the
Building Commissioner, and the Planning Director and City Controller which
Committee shall review all properties which are to appear on the Tax Sale
Notice and shall transmit said list of properties with recommendations for
the disposition of said properties to the Budget and Administration Committee
of Common Council before formal advertisement of said Tax Sale , and
BE IT FURTHER RESOLVED, That the Budget and Administration Committee shall
recommend to the Common Council purchase of said Tax Sale properties as
they deem to be in the best interest of the City for its orderly and
economic development.
Carried Unanimously
Travel Authorizatiion for Citizen Committees
•
By Alderman Gutenberger: Seconded by Alderman Slattery
RESOLVED, That this Common Council does hereby delegate and grant to the
Mayor the power to authorize travel for members of Citizens Committees
as he shall deem to be of benefit to the municipality, provided there shall
have been an appropriation for these expenses of travel .
Carried Unanimously
Schedule for Revenue Sharing Requests
By Alderman Gutenberger: Seconded by Aldermand Boothroyd
RESOLVED, That this Common Council establish the following schedule for
the receipt of applications for 1978 Revenue Sharing Funds :
1. All requests for Revenue Sharing Funds must be submitted to
the City Controller on or before June 1 , 1977.
2 . All requests will be submitted to the Human Services Coalition
of Tompkins County for review and recommendation returnable on ,
or before September 1 , 1977.
Carried Unanimously
Toppkins County T.V. Cable Commission Appropriation
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That this Common Council approves the City' s membership in
the Tompkins County Television Cable Commission and hereby appropriates ._.
$50. 00 for dues for said membership.
Carried Unanimously .
Playground Equipment for "Celebrations- Ithaca" Activities •
By Alderman Gutenberger: Seconded by Alderman Bordoni
RESOLVED, That $ 3, 000 be approved for the purchase of playground equipment
for Celebrations- Ithaca activates and that there is hereby created a
Capital Project to be known as Celebrations - Ithaca Equipment and that
said money be transferred from Parks Capital Reserve Account to said
capital project.
Carried Unanimously
-‘v- May 4 , 1977 '
3/3
Audit
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the bills audited and approved by the Budget and Administration
Committee in the total amount of $ 32 ,921 . 99 as listed on Audit Abstract
# 4/1977 be approved for payment.
Carried Unanimously
REPORTS OF SPECIAL COMMITTEES :
Alderman Slattery announced that the Ithaca Housing Authority has hired
Mr. John Austin as Coordinator of Section 8 Housing.
Common Council adjourned into Executive Session at 12 : 20 a.m. to discuss
a personnel matter and reconvened into Regular Session at 12 : 32 a.m.
BUDGET AND ADMINISTRATION COMMITTEE
Personnel - Youth Bureau
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That Dennis Byron be appointed to the position of Assistant
Youth Bureau Director at a salary of $13, 217 per annum effective January 1 ,
▪ 1977 ; said appointment to be provisional and subject to the rules and
I;gregulations of the Civil. Service Commission,
O
QA vote on the resolution resulted as follows :
a
▪ Ayes (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Meyer,
Nichols , Saccucci , Slattery
Nays (1) - Holman
Carried
ADJOURNMENT
On a motion the meeting adjourned at 12 : 35 a.m.
1
11116
L.'.
-.. �� r ..
Joph A. Run le , ity Clerk ward J. C. ey, Mayor
i Ed
r
•
r . .�.
els"
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Special Meeting . 5:00 P.M. May 11, 1977
PRESENT:
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni, Boronkay, Dennis, Gutenberger, Holman, Meyer,
Nichols, Saccucci, Slattery •
OTHERS PRESENT:
City Controller - Daley Architect - Anton J. Egner
City Engineer - Cox Building Commissioner - Hoard
�... Dir. Planning & Dev. - Van Cort BPW Commissioners - Allan, Shaw, Schickel, Whispell
Supt. of Public Works - Dingman City Clerk - Rundle
ADDITIONS TO THE AGENDA:
Budget & Administration:
Alderman Dennis requested permission to add an item regarding Fire Department personnel.
^) No Council member objected.
0 PERIPHERAL STREETS PROJECT:
Q Vaults
Q Mayor Conley explained that there are a number of vaults located under sidewalks in
Q the peripheral streets area. Some are not usable; others are vacant but usable and
others are still of commercial value and in active use for storage, mechanical equip-
ment or other purposes. A determination has to be made as to whether these should
be retained, and if so, who should bear the cost of their improvement.
Staff recommends that only those vaults be retained where the owner is willing to
pay for their improvement, and that owners be required to pay for the improvement
rather than be charged an annual use fee.
City Engineer Cox reported that Fire Chief Weaver had recently written to Supt.
Dingman...."we are also concerned about any decision that will allow continued use
`, of sidewalk vaults. In the event that we need to support an outrigger for the aerial
scope the load bearing is in excess of 10 tons so we hope none will be allowed and
if allowed, they will be restricted in area."
•
Resolution
By Alderman Boothroyd:
RESOLVED, That the staff recommendation be accepted and approved by the Council.
Discussion followed on the floor.
•
Alderman Boothroyd withdrew his motion due to the lack of a second.
•
Alderman Boothroyd left the meeting at 5:27 p.m.
Sidewalks
Mayor Conley explained that improvement of sidewalks is generally the sole responsibility
of the abutting owner, but at the time of the planning of the Commons, the city made a
commitment to the rebuilding of sidewalks in the peripheral streets area.
Staff recommend that in accordance with the commitments previously made by the city
the sidewalks be paid for by the city.
Water and Sewer Utilities
During the construction of the Commons, all utilities which could be anticipated to
need replacement within 20 years were replaced as a wart of the project. The same
will be true in the peripheral streets. It may therefore be necessary to replace some
sewer andwater lines and storm drains. In add:;..-don, many or all of the service
connections to individual properties will hay,, r replaced. Replacement is
traditionally the responsibility of the private cv17, r.
Staff recommends that any replacement of water or seer m-ino be charged to the
water and sewer fund since these improvements would hAve to ::+e made e .,entually and
would it that time be made from the appropr_ ._. ref? tided F
. Liie (:U:ii Vi Lek)ideiIl9 seLV.ces to liidiviUUd1 oUilU1Jic,s sliaLeu Dy tulle: <.,iLV allu lilt'.
private owners with the city paying for -ca tion of ::1 e utility.. In addition, any
-:•_
improvement to the utilities inside private build=nt's would be the i 'Spots _,ti' :)
th.) owner.
-2- May 11, 1977
Resolution
By A]dPrman MPv Pr! Ge.rrnrlorl 1•+v
RESOLVED, That only after the owners have been apprised, then when this project goes
out to bid the owners will be charged for the part of the project which they normally
would be charged for.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (2) - Meyer, Holman •
Nays (5) - Bordoni, Nichols, Dennis, Slattery, Saccucci
Abstention (2) - Gutenberger, Boronkay ....
Absent (1) - Boothroyd
Motion Defeated
By Alderman Slattery: Seconded by Alderman Saccucci.
P.ESOLVED, That Council approves staff recommendation, that any replacement of water
or sewer mains be charged to the water and sewer fund since these improvements would
have to be made eventually and would at that time be made from the appropriate fund.
Secondly it is recommended that the cost of replacing services to individual buildings
be shared by the city and the private owners with the city paying for excavation of
the utility. In addition, any improvement to the utilities inside private buildings
would be the responsibility of the owner.
A vote on the resolution resulted as follows:
Ayes (5) - Bordoni, Nichols, Dennis, Slattery, Saccucci
Nays (1) - Holman
Abstention (3) - Gutenberger, Boronkay, Meyer
Absent (1) - Boothroyd
Carried
`' Sidewalk Maintenance
Routine sidewalk maintenance such as sweeping and snow removal are by local ordinance
and tradition the responsibility of abutting owners as are repair and replacement.
The city has decided to take over this maintenance responsibility from private owners
abutting the Commons. It was felt that expanding the city's responsibility for
maintenance on the Commons was justified for a number of reasons including that the
dividing line between the city's responsibility and the private owner's was blurred
when curbs were removed and secondly because it was felt that the Commons with its
park-like atmosphere was a showplace for the city and should receive a high level of
• maintenance.
Staff recommends that the city take over responsibility for street sweeping and snow
removal from sidewalks in the peripheral streets area.
Alderman Dennis commented it is very important to find out if the owners are willing
to pay for part of the maintenance.
Director of Planning and Development Van Cort commented that the most important item
before the Council tonight was approval of the Schematic Design in order that the
architect can proceed.
Resolution
. By Alderman Gutenberger
RESOLVED, that the matter of peripheral street improvements be tabled and referred
to the Budget and Administration Committee for proper analysis and figures.
Mayor Conley stated that he felt that the matter should be handled by the Committee of.
the Whole. He further requested that Council outline and the City Planner write down
what steps should be taken prior to the next meeting and whether or not Council expect
responses from the owners of the properties - indicate what it is that Council want so
it can be ready for them at the ne.t meeting. •
Alderman Boronkay left the meeting at 6:23 p.m.
Architect Anton Egner briefly spoke to the Council, explaining where his authority
ended, and why many of the questions have to be answered.
Supt. Dingman commented that, in his own opinion, the city's interests would best be
served if the project were started in the spring of 1978. "All of us have to work hard
on this thing, sterting right now to get the project in the shape you'd like to have it
-3- May 11, 1977 3/7
•
•
when you get into it for 1978." He also said he thought it would be wise to review
the contract with Mr. Egner. It limits him very severely in what he can do as a
professional to provide an improvement for the city of the same quality and comple-
menting the Commons. He suggested the city very seriously consider revising the
contract with Mr: Egner so that he does in fact handle the vault problem; also so
that he is involved with our engineering staff in producing a single set of contract
documents so that when we do the job, scheduled as we may best determine to do it at
some future date, (Council has to be involved in that) , when all that is done we have
• a single set of documents and we can use a single' contractor to do the work in the
most expeditious manner. It puts Mr. Egner in the position of coordinating the whole
project.
Mayor Conley added that Mr. Egner should be limited to technical aspects and let the
�... Planning Department or someone else handle the public relations aspect.
City Engineer Cox said he does not believe we should ask Mr. Egner to design the vault
rehabilitation in each instance or spend a great deal of money designing, perhaps,
on vaults which will be abandoned. He thinks once we have Council's direction on
what are we going to do with these vaults, which ones we are going to maintain, and
which ones we aren't, then we can spend the design bucks on those that we are going to
keep, but he doesn't think it would be prudent to ask Mr. Egner to come un with
detail designs-on each vault so that we can arrive at some kind of a price, and then
go to the owner.
0
Q Resolution
Q By Alderman Slattery: Seconded by Alderman Bordoni
Q WHEREAS, the Peripheral Streets Project is an essential component in the City's
overall program of downtown revitalization, and
WHEREAS, Common Council has previously allocated $346,441 for the Peripheral Streets
Project, and
WHEREAS, the schematic drawings for the peripheral streets as presented by Anton J.
Egner have been reviewed and approved by the Board of Planning and Development;
BE IT RESOLVED, That the Common Council accept the schematic drawings for the Peripheral
Streets Project as presented, and directs that the project design be implemented as
`., rapidly as practicable.
A vote on the resolution resulted as follows:
Ayes (7) - Bordoni, Dennis, Holman, Meyer, Nichols, Saccucci, Slattery
Nay (1) - Gutenberger
Absent (2) - Boothroyd, Boronkay
Carried
Resolution
By Alderman Meyer: Seconded by Alderman Holman
RESOLVED, That staff be directed to prepare a contract between the City and Anton J.
Egner to provide those additional professional services necessary for Council to make
the policy decisions prerequisite to implementation of the Peripheral Streets Project.
A vote on the resolution resulted as follows:
Ayes (2) - Meyer, Holman
Nays (5) - Bordoni, Nichols, Dennis, Saccucci, Slattery
Abstention (1) - Gutenberger
Absent (2) - Boothroyd, Boronkay
Motion Defeated
Vaults
Resolution
By Alderman Slattery: Seconded by Alderman Bordoni
RESOLVED, That the Council approves the staff recommendation that only those vaults be
retained where the owner is willing to pay for their improvement, and that owners be
required to pay for the improvement rather than be charged an annual use fee.
A vote on the resolution resultedas follows:
Ayes (5) - Bordoni, Nichols, Dennis, Slattery, Saccucci
Nays (2) - Meyer, Holman
Abstention (1) - Gutenberger ,
Absent (2) - Boothroyd, Boronkay Carried
, .. 4 �k TLk4't.•' ,-::i_ ,...':"^'^P"�"`.'• .'i^' .N":;i V.. ..,..,•.'ceF+J'3 iw`±Ritf a er9wYr;;�. '4?e•.;q ..dtn {.... •N.w+:?L:k+N. da eYX+ _. ...
kri IS' -4- May 11, 1977
Sidewalks
Resolution
By
By Alderman Dennis: Seconded by Alderman Slattery
RESOLVED, That Council approves staff recommendation that in accordance with the
commitments previously made by the city the sidewalks be paid for by the city.
A vote on the resolution resulted as follows:
Ayes (5) - Bordoni, Nichols, Dennis, Slattery, Saccucci
Nays (3) - Meyer, Gutenberger, Holman
Absent (2) - Boothroyd, Boronkay
Carried I
BUDGET & ADMINISTRATION
Alderman Gutenberger reported that An emergency situation has arisen - the Fire
Department has had a :art-time account clerk/typist who has worked a number of years
part-time while contributing time on his own, thus doing a full-time job. As of
yesterday, he has left the city's employ. Fire Chief Weaver cannot find anyone who
will put in the number of hours which this person did on a part-time position so he
is asking for the part-time position to be upgraded to full-time.
• Resolution
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED. That the Fire Department personnel roster in the 1977 City Budget be amended
to include a full-time Account Clerk/Typist in lieu of a part-time Account Clerk/Typist.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
• Carried Unanimously
Alderman Holman registered objection to receiving a 24-hour notice of a meeting as
it does not leave time to do the necessary homework.
ADJOURNMENT:
On a motion, the meeting adjourned at 6:38 p.m.
os i A. Rundle, City Clerk Edward J Con---101a/t.‘: tIonfoge
ley, ayor
•
8
•
1
,
COMMON COUNCIL PROCEEDINGS 319 1
City of Ithaca, New York
Special Meeting 7 : 30 p.m. May 2E , 1977
PRESENT : . . 1
AlderMen (10) - Boothroyd, Bordoni , Borenkay, DOYMiS , Cutonbergr,
Holman, Meyer, Nichols ,. Saccucci , Slattery'
ABSENT :
Mayor - Conley
-
OTHERS PRESENT :
City Attorney - Shapiro
Director of Planning Development - Van Cort
Planner Ti - Meigs
`--- Fire Chief - Weaver
Bldg, Cc mmissio-her - Hoard
City Clerk - Rundle
In the absence of Mayor Conley , Acting Mayor G!Itenberger chaired the
meeting.
In MINUTES:
L ) .i.. 1-d..&rman Boothroyd: Seconded by Alderman Sacoucci
0 RESOLVED, That the Minutes of the May 4 1977 and May 11 , 1977 meetings
cz be approved as recorded by the City Clerk.
. <C Carried Unanimously
CI SPECIAL ORDER OF BUSINESS:
Public Hearing - Proposed. Changes to Zoning Ordinance - Residential
Districtsand jf: aa. ....lo_ns_
R67;57571Tf6n to C1pii--R6hiic .Hea-eine
By Alderf.ean Nichols : Sece-nded by Alderman Slattery
RESOLVED, That the Public Hearing on Proposed Changqs to Zoning OrJinanco -
Residential Districts and. Regulations , be opened.
Carried Unanimusiy
, .
MT. Mark Haag, 7,60 Ridecrcs-?- Road , requested consideration lie given to
changing a particular division between i'i:.1 R-2 m:'(:' ';',- 3 %one 10alchdii,:les
a lot which. ha owns at 440 E. Buffalo Street (Ta2.:. '',,: p )?- 17 and P- 1 ) which.
goes to the center of the gorge andis bounded .0h the east by Glen. Place .
By dividing as proposed. he is given a lot which topographically and use-
wise , according to other provisions of the ordinance , becomes essentially
unuseable. He wants it to remain in R- 3 use instead. of R- 2 as is propoed
to control future development in that area.
• Mr. Michael Kaplan, 1010 E. Shore Drive , requested. clarification. of the
Zoning Ordinance regarding retroactivity. City Attorney Shapiro explained
that the ordinance is not retroactive . • If a current use is a valid non-
conforming use there is provision. of a procedure whereby a person can apply
to the City (grandfather status) and. it can go on record. Mr. Kaplan said.
he believes the ordinance unrealistically restricts the future housing For
students and single people who cannot afford to own their own property .
Nin David Cornelius , 109 Farm Street , Fall Creek Civic ASsociation ,
reiteratedhis thanks to the Planning Department and everyone who worked
so hard on the new proposed zoning ordinance, lie thinks it is far hotter •
than the current one.
' .
Resolution to Close Public Hearing
•
By AI6:6 Boothroyd: SecondedbyAlderman Bordoni.
RESOLVED, That the Public Hearing on Proposed Changes to Zoning Ordinance
Residential Districts and Regulations , be closed.
,......
Carried Unanimously
ZoninTLAmendment_ Resolution
By Aiderman Nichols : Seconded by Alderman. Bordoni
7--
i
320 - 2- May 25 , 1977
v
ORDINANCE N O. 77-5
AN ORDIMANCE AMF; DT,N( ('HAPTI:n zn FNTITI !.;D " ONINC OF THE CITY OF
ITHACA MJdICIPAr CCDE
.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, as follows :
SECTION 1. AMENDING ARTICLE I .
That 8 30 . 3 of Article I of said Chapter is hereby amended as set
forth in attached copy to reflect changes in and additions of certain
definitions pertaining to residential occupancy.
SECTION 2 . AMENDING ARTICLE I I .
•
That Article II of said Chapter is hereby amended as set forth in
attached copy to provide for establishment of the following residential
subdistricts :
R- la, to designate areas of primarily one-family residential use and
development on large lots ;
R-lb , to designate areas of primarily one- family residential use and
development on medium sized lots ;
P- 2a , to designate` areas of one and trio- family residential use and
development on nled3.4m1tsized lots ;
A
?- 2 b , to designate ar s of one a n d twc family iesidenLial use and
development On small gots ;
i' 3a , to designate areas of one , t_so and muii'i-faT.aily residential use
dCvrelOpmcnt OR m.'.d:i. .1:11 sized lots ,
R- b ., to designate ;.Urias. of one , two and multi-family residential use
i lots ;
development on h ll tots ;
R- ✓ , a0 de s • cfea 'fareas of one , two , multi- family_ a1cstudent resi-
dential use andevelopm Ili: on lare la} lots ;
and to provide for certain t"in c ha.r.ges in district regulations and standards
,(,ouet'nii.
.rg esidentln'.. l? us and. area requirements to reflect the intent of
the aforesaid x ...do;"it .a_l. subdistricts .
SECTICN 3 . AMEDING AR.:!TLE III .
That Article III of said Chanter is he-rebv he—reamended as set forth in.
ai tac )ed copy to revse certain of f-s 4 1e , . p , i
_ng requirements for rest-
et1tial uses .
f1; r r-l .t _ 1 the
y f`"1
.�i., ..z_5%i.)_U I1 i v 1_t.�.:�ts�' Cl t)i 1. +_7 t E, �- _\)C) ("..
S. _d _ `. iiMoyer _ _ sIC .,4 ; . t ) S1 . _J •icrLJend
explained that the
i ; o ast_t does not: nIaltiple family
7e l 1 i
`.w-l"d(.: .i _:-.a a 5.: , U r,.a i.. ���,s'.+.(.i Ly.:. L i t G t)1. C:;r 1-. !',1[! .;f0 1. I t t_ �.+. __ `,�. I1�A. .. �.. :l 1 1 dwellings .
-rt ,-.-"s ^;. �•i
•aC that
l` it+c _ ,o a U = tak Tover for
1. 0-11..:} eehiag o '._r i`-:.''11.'Z' i'' 1 C1 encourage ,
s
t C;-.. "e 1. of ut.:St ll.i. which would
e 1 1 f -� 1 _ f i. 'I 7 ry: r- rigs h t
. ..,.i. ^..4...v�;:, �. 1- _.i i..,c. .. iJ ,. - l�_..__..�.. _. ... C.`.- .. i _ u.].�� things-Lc..� 1i ��.ii exist ,
,
e,7_eI. eltc wh .l L fear- ic. ? i., : .'.... i h. i1 _, t,c.i. s_;')[tA ears , On.-, o l the
: _ .n . . ks..2o _ p )1e'ns � � t. _ i�. 1 : Leen converted, proper ItlTt;r�
!)Eich. P roiri dati, L i' 7 , , rift it,? r is i7.1: prof: ems A .tea:: r: an Moyer
. .t ,ge_. t e(l" thor. i _ he `.!ii... have ' t h s ceee .._e. , t::i . t'i.an• encourage and try
e find areas where 11C[.1 P', _ n be done C'OP iiia E..e to the needs ,
. t
I
—,:ea 1.lr. .....
_ .. _ ... /
7,
,.,..a_ ::._..Z J.._,,,.,+.t�-.C�_L :_1..,,�'.'iL .t(?i•e 41ir,; .� 1. .'�•t .>c;t.L _.ii:.;.f ,7 will f1 1' (;t�f• t_ the property
—arca _n the ! tt;. ie . Aide'i`1it in GeLe‘euert,eT comLiente d that be had no way
of eo + a!; fer in the tutus- , o, .f T al '_ Planning Ci Development
\! a G a,1'L i.^.�. he b e 12 e J ,s .t h e .. _ 1 _ Fthe c. t y.
=1 .. _. �,�: _. j ?.e C_ta .i�e, 'S_: � t., +_.c.. 1. � i : , One of the
- 3- May 2S , 1977321
main reasons for working on the ordinance was that families were moving
out of the city , andto the extent that that was caused by zoning MT.
Van Cori thinks the changes will help to reduce out-miaration of
Famil 'ies from he cli.y anl. stabilia ownership oT propety in i.in citY ,
thus it will be helptul to the city.
Alderman Boronkay asked when the Planning Board of the County got their
copy of the draft . Director Van Cort rpurted that the county has •
respondcd. and the Plahning Board made its commnts in the April mooting .
The County. Planning Comiiiission gave t.ten response which was recelyd .
on Tuesday , May 24 andit was favorablp _
_.... Alderman Slattery asked if the map will be available to the general
public, and Director Van Cort replied that it wil] be made available .
City Attorney. Shapiro advised. that the map showing the changes should be
attached to the ordinance . He said it will be advisable , as quickly as
possible , to combine the new andcurrent maps into one .
in The. Question of the adoption. of the foregoing resolution was duly put to
rri a vote on roll call , which resultedas follows : •
0 Holman. Voting Aye Gutenberger.• Voting Aye
ICE
Bordciii " " Boronkay " "
ctr Meyer " " Nichols " "
1C:r
Saccucci. . "
U
Slattery
"
Boothroyd u fl u Dennis "
Carried. Unanimously
Resolution
By Alderman Boothroyd: Seconded by Alderman Slattery
RESOLVED, That the request of Mr. Haag be referredto the Planning Board
and. the Charter F Ordinance Committee of the Council .
Carried Unanimously
i .
%..-..
Alderman. Nichols reported that a. public hearing on the moratorium has
been scheduled, but now that the zoning amendment has been passed-, the
public hearing on the moratorium can he rescinded at the June 1 meeting
of the Council.
Alderman Nichols commented that the Committee received various suggestions
for changes in the business districts while they were working on the
amendment . The residential districts were the ones affected by the
moratorium and the committee decided to leave the business districts alone
because of their desire to do a good job on the residential districts and
get the moratorium aside.
. .
.
Alderman. Gutenberger congratulated the committee and. departments and all
who worked on the amendment for doing a good job .
ADDITIONS TO THE AGENDA:
Alderman Saccucci requested permission to add an item, a letter from
1 , •
State Assemblyman Gary A. Lee regarding the "Municipal Overburden Program"
. , to the agenda.
.._. .
No Council member objected ,
Resolution.
FT .T1derman Holman : Seconded by Alderman Boothroyd
RESOLVED, That the letter from State Assemblyman Gary A, Lee regarding
the "Municipal Overburden Program" item be referred te the Planning F.
,
Development Department and. the Finance Committee .
Carried Unanimously
7.;
I
.______ _ _______ ____ _____ . • •.______ f
322 -4- May 25 , 1977
ADJOURNMENT :
On a motion the meeting adjourned at 3 : 07 p .m.
‘e: 4140(- • 77-"/i:/;%;-'244" _,,,6%/7 e/".
/
jeeP3n A. Rundle , City Clerk Edward J . amiey, Mayor
•
11111,
- . -
p
T`46 om^ e !_ _,...:r;
F�\ t .
j /
-.:'./� ia B sA
,,--
1,.:-/'
I ,`. Ithaca, ;4
,'I 26— -i- '
i
= L }�
a9@69d�a ; 2�� C B<
Cui•I
CITY OF ITHACA
108 EAST GREEN STREET
ITHACA, NEW YORK 14850
OFFICE OF TELEPHONE 272-1713
CITY ATTORNEY CODE 607
MEMORANDUM
TO: Dick Booth, Chairman
Charte and Ordinance Committee
FROM: R Nash, City Attorney
DATE: May 2, 1988
RE: Ithaca Fitness Center Case
Pursuant to our telephone conversation I am herewith
enclosing another copy of my memo of March 17th and enclosures.
Regarding Paul ' s concerns I would have the following comments:
1. By copy of this memo I am asking the City Clerk to
attach the document marked "Draft of May 25, 1977" which was in
the former City Clerk' s files right to the minutes of the May 25,
1977 Common Council meeting_ (444a. cX,L - A-14C)
2 . I would recommend that Council amend the published
Zoning Code to incorporate the language "nor may be a use
• extended or enlarged to other portions or structures not devoted
to such use" to section 30. 49. Although I believe, and the Court
so found, that such language is implicit in our ordinance it
would be safer to have it so set out.
3 . The BZA is always free under the applicable law to
determine that an application for relief is the same as a prior
application which was denied. The standard is whether new facts
and circumstances are brought forward. This is a factual issue.
It would be helpful to require applicants for BZA relief to have
to allege whether prior applications for BZA relief relative to
1i the same property have ever been filed. However, beyond that I
- do not see a procedure which will further clarification on this
U issue.
RWN:blh
enc.
cc: Thomas Hoard, Bui1dio,i ,mmissi3r, .r_-
'FINAL DRAFT May 25, 1977 FINAL DRAFT
PROPOSED REVISIONS TO CITY OF ITHACA ZONING ORDINANCE
NOTE: Changes indicated as follows:
Deletions in brackets: [ ]
Additions underlined:
►4f_ Explanations in parentheses: ( )
ARTICLE I
GENERAL PROVISIONS
NOTE: (All provisions remain the same except for additions to Section 3 - Defini-
tions, as follows. )
§30.3 Definitions
B. Specific terms or words
9. "Boarding house" shall mean a multiple dwelling where sleeping facilities
and meals are provided, for compensation, to long-term guests. (See also
"Rooming house," [Lodging house,"] "Tourist home.")
16. "Club" shall mean. . . .Any such organization's premises or building
which provides sleeping accommodations for more than five (5) persons shall
be considered a multiple dwelling.
-hold
18. "Cooperative house,, shall mean a group of [three (3)] four (4) or more
unrelated persons, exclusive of minor dependent children in the care of a
parent or relative, occupying a dwelling unit without auxiliary social facil-
hold
ities. Any unit occupied by a cooperative housed shall be considered a mul-
tiple dwelling. This category shall not be construed to permit facilities
which provide living accommodations for persons requiring supervised resi-
dential care, such as halfway houses, hostels, or group homes. (See paragraph
41 of this section, "Group care residence."
21. "Dormitory" [ : See subparagraph d under definition of "Dwelling,
multiple," paragraph 23 of this Section. ] shall mean a multiple dwelling
which provides sleeping accommodations and domestic facilities and services
to a group of college, university, or secondary school students.
23. "Dwelling unit" shall mean one or more rooms [with provision for living,
cooking, sanitary, and sleeping facilities arranged for the use of one
[family] designed or used for living quarters by one household, including
Zoning
Page 2
provision for living, cooking, sanitary and sleeping facilities, and
having a separate entrance from the outside of the building or through
114 a common hall.
21t. "Dwelling, multiple" (or "multiple residence") shall mean:
a. a building containing three (3) or more dwelling units.
b. a single dwelling unit without auxiliary social facilities occupied
by a group of four (4) or more unrelated persons, exclusive of minor
dependent children in the care of a parent or'relative. (See definition
hold,"
of "Cooperative houseA paragraph 18 of this Section. )
• [b. ] c. a building containing living, sanitary and sleeping facilities
occupied by one (1) or two (2) families and more than [four (1 ) lodgers]
two (2) roomers'or boarders, exclusive of minor dependent children in
the care of a parent or relative, residing with either one of such families.
[c. ] d.
[d.] e. a building with sleeping accommodations for more than five (5) per-
sons used or occupied as a club, dormitory, fraternity, [or] sorority
or group house, or for similar uses.
[e.] f.
26. "Dwelling, owner-occupied" shall mean a residential building containing
one or more dwelling units of which one is
in fact occupied by the owner for more than six (6) months
• of the calendar year.
[28.]29. "Family shall mean one or more persons occupying a dwelling unit, [pro-
vided that unless all members are related by blood, marriage, adoption or
other legal relationship, no such family shall contain over two (2) persons,
but further provided that domestic servants employed on the premises may
be housed on the premises without being counted as a family or families.]
all of whom are related by blood, marriage or adoption.
Zoning
Page 3
1i
[31. ] 32. "Fraternity house, sorority house or group house" shall mean a
multiple dwelling used and occupied by a cooperating group [or] of
college or university students and containing and providing domestic
and social facilities and services thereto.
(after "Green area"):
41. "Group care residence" shall mean a facility licensed, certified, or
otherwise authorized by a state health or welfare agency to provide
living quarters and supervisory care for persons
with physical, emotional, social or other developmental handicaps in a
residential atmosphere. Such a facility shall provide qualified supervision
whenever one or more residents are present, and shall have one or more
resident supervisors.
This category shall include group homes, hostels,
community residences for youth and adults, and foster care homes certified
for more than six (6) foster residents. It shall not include institutions
whose primary purpose is the medical treatment, remedial education, or
civil restraint of the occupants, but group care residences may contain
limited facilities for physical, emotional or occupational therapy as appro-
priate to the purpose of the facility. A characteristic of such facilities
shall be the presence of common cooking, dining and social areas.
[43. ] 44+. "Home occupation" shall mean [any occupation or a profession which:
a. is customarily carried as in a dwelling unit or a building or other
° �' structure accessory to a dwelling unit, and
Zoning
Page 4
b. is carried on by a member of the family residing in the dwelling
unit, and
c. is clearly incidental and accessory or secondary to the use of the
dwelling unit for residential purposes, and
d. which conforms to the following additional conditions: ]
a subordinate use of a nonresidential nature which is conducted within a
dwelling unit, or building accessory thereto, by an occupant of the dwelling
,which is clearly incidental and accessory or secondary to the use of the property
unit^for residential purposes, and which meets the following additional
conditions:
[(1)] a. The occupation or activity shall be carried on wholly within the
principal building or within a building or other structure accessory
thereto.
(See definition of "Accessory building," paragraph 1 of this section. )
[(2)] b. Not more than two (2) persons outside the [family] resident house-
hold shall be employed in the occupation.
[(3)] c. There shall be no exterior display [ , no exterior] or sign except
as permitted under Chapter 34 of this Municipal Code, no exterior
storage of materials and no other exterior indication of the home occu-
pation or variation from the residential character of the lot or of
the surrounding neighborhood.
[(k)] d. No offensive odor, noise, vibration, smoke dust, heat, or glare
shall be produced. (See § 30.40 of this Chapter. )
e. The home occupation shall not generate traffic in anv greater
volume than would normally be expected in a residential neighborhoods
and any need for parking generated by the occupation shall be met off
Zoning
Wage 5
the street and subject to the regulations of Section 30.37 of this
Chapter.
\
In particular, a home occupation includes, but is not limited to the
following: artstudio, dressmaking, teaching (with musical instruction
limited to a single pupil at a time), and the professional office of a
lawyer, engineer, architect, real estate broker or insurance [salesman]
agent within a dwelling occupied by the same.
[19. ] 51. "Landmark" shall mean. . . . , as further described in [the Landmarks
Preservation Chapter] Chapter 32 of this Municipal Code.
[51. "Lodging house". . .]
[52. "Lodging unit". . . ]
[55. "Medical facility". . .]
60. "Neighborhood commercial facility" shall mean a retail or service
facility catering to the day to day commercial needs of the surrounding
neighborhood. Such facility shall be limited to the retail sale of con-
venience goods such as groceries, pharmaceuticals and sundries, and to
personal service facilities such as barber and beauty shop, self-service
laundromat, and dry cleaning establishment.
62. "Non-conforming building, structure or [use] lot" shall mean a build-
ing, structure or [use of land] lot of record legally existing at the time of
enactment of this Chapter, or any subsequent amendment, which does not con-
form to the [regulations of the district in which it is situated. ] minimum
parking or dimension requirements for the district in which it is located.
63. "Non-conforming use" shall mean a property use of record legally existing
at the time of enactment of this chapter, or any subsequent amendment, which
does not conform to the use regulations of the district in which it is situated.
[65.] 67."Parking area" shall mean:
a. Employee[s] ,
customer and/or public parking. All or part of a lot
or structure devoted to parking of motor vehicles for occupants of or
Zoning
Page 6
a. visitors to adjoining or nearby buildings.
b. Neighborhood parking. All or part of. . .
c. Private parking. [A lot] An area or structure, or portion of a
structure, devoted to parking of motor vehicles by the occupants
of [the] a dwelling located on the same building lot.
[72.] 73. "Rooming house" shall mean a multiple dwelling or other residential
structure in which sleeping facilities are supplied for pay over an ex-
tended period of time as distinguished from "Tourist home. " (See also
["Lodging house,"] "Boarding house.")
[73. "Row house". . . ]
75. "Rooming unit" shall mean one or more rooms designed or used for
living quarters by one household, which may or may not include separate
sanitary facilities, and which must include either complete kitchen
facilities or a separate entrance fromthe outside of the building or
through a common hall.
(after. 77. "Sign, advertising")
79. "Special permit" shall mean the written authorization by the Board of
Appeals to permit in a given district a property use which, because of
its nature, location, or effect on the surrounding neighborhood,
warrants special evaluation of each individual case.
(after [82.] 83. "Tourist Home")
• 85. "Town house" shall mean a dwelling unit sharing aminimum of one (1)
and a maximum of two (2) walls with an adjoining dwelling unit and having
direct exterior access from the ground floor.
t
• ) • ; 1 !
err Zoning
� � 1 w! do .�
�
�.. •
..�, ._. . ill, Page 7
ARTICLE II
ZONING DISTRICTS
/ § 30.21 Establishment of Zoning Districts
For the [purpose of promotion of public health, safety, morals and general
welfare of the City of Ithaca, New York] purposes specified in Article 1 of
this Chapter, the City is hereby divided into the following [types of Zoning]
districts:
R-la Residential
R-lb Residential
R-2a Residential
R-2b Residential
R-3a Residential
R-3b Residential
B-1 Restricted Business
\)/ B-2 General Business
B-3 Central Business
•
B-4 Service Business
B-5 Service Business
E -l Floodway Zone (See Flood Plain Ordinance)
FH-1 Flood Hazard Zone (See Flood Plain Ordinance)
I-1 Industrial
M-1 Marine Commercial
P-1 Public Institutional
MH-1 Mobile Home
§ 30.22 Zoning Map
A. Districts are bounded as shown on a map entitled "Official Zoning Map
of the City of Ithaca, New York" adopted on [February 6, 1974] ,1977
[and as amended from time to tome, and certified by the City Clerk] which
material
accompanies and which, with all explanatory thereon, is hereby made a part of
this Chapter.
Zoning
Page 8
B. The City Board of Planning and Development shall prepare, maintain
‘ / and keep current the Zoning Map in accordance with amendments made thereon
(� pursuant to action of the Common Council.
C. The Zoning Map shall periodically be certified as correct by the
City Clerk% and after certification shall be known as the Official Zoning Map
of the City of Ithaca, New York.
§ 30.23 Interpretation of district boundaries
Where uncertainty exists with respect to the boundaries of the aforesaid
districts as shown on the Official Zoning Map, the following rules shall apply:
[A. The City Planning Board shall prepare, maintain, and keep current the
Zoning Map referred to in § 30.22 and which shall be certified from time to time
by the City Clerk as correct in accordance with any amendments made thereon
purusant to action of the Common Council. This map shall be known as "Official
Zoning Map of the City of Ithaca, New York."]
�`� [B.] A. Where district boundaries. . . .
[C. ] B.
[D.] C.
[E. ] D.
[F.] E.
General Notes pertaining to Schedule
1. = All development plans shall be subject to approval by the [Planning]
Board of Planning and Development and the Common Council.
u. [Where uses are allowed in any district by variance, regulations applying
to such use shall be the stricter of those applicable either in the district in
which such use is normally permitted or for any similar use in the district in
which such use is allowed, or as may be otherwise set by the Board of Zoning Appeals. ]
Zoning
Page 9
Where a variance or special permit is required to allow in one district
a use which is permitted by right in another district, the regulations applying
to such use shall be those of whichever district has the stricter regulations.
3o.2G
§ Standards for special conditions and special permits
[Delete whole section--substitute as follows:]
A. Intent
The intent of this section is to set forth additional regulations and
conditions which shall apply to certain land uses and activities which are
incongruous or sufficiently unique in terms of their nature, location and
effect on the surrounding environment and the quality of the community to
warrant special evaluation of each individual case.
B. Special Conditions
The Building Commissioner shall approve the following use only when
\
he or she is satisfied that the special conditions specified in this sub-
section have been met.
Group care residence. (See definition, §30.3): The Building Commissioner
shall be satisfied that the facility meets the applicable building codes and, in
addition, Atailizthe following conditions:
1. License or other authorization from the appropriate state agency
or agencies.
2. Controls to prevent geographic concentration:
a. Must be at least 1+00' from, any other group care residence,
b.
measuredNomore onthan a straone (1)ight line fromresidence nearest property line to nearest
property line. 7
a blsc{c fact,.
such I } I
to be located on a given block face.
Zoning
Page 10
c. No more than 25% of the total group care residences in the city
I located in any one planning neighborhood, as defined in the
11
General Plan.
•
3. Density controls at individual facility level (Area requirements):
Maximum Number
District Lot Area Frontage Side Yards of Residents
R-la 10,000 for 1st 6 75' ' TE0 '- 20
RrU residents .
+ 1,000 for each 8
. add'l .
•
R-lb 6,000 for 1st 6 60' 1.5 — 35 1
+1,000 for each addl
R-2a 5,000 for 1st 6 50' 35,. - 10
+1,000 for each addl 10 -
R-2b 3,000 for 1st 6 10 — 10 •
+1,000 for each addl .
R-3a 5,000 for 1st 8 50' 1k. — 10
+1,000 for each addl 12
cole R-3b 3,000 for 1st 8 45 10 — 10.0
+1,000 for each addl
4: Parking requirements:
Off-:street parking as required for other residential uses,
except where residents are not permitted to own or operate motor
• vehicles, in which case one space shall be provided for each
I
single or married couple of residential superivsors, with a i
II
minimum of two spaces in any case.
5. Signs: .
• As•permitted-by sign ordinance. ,
Zoning
Page 11
C. Special permits.
1. Applicability
The uses listed under district regulations in §530.25 which require a
special permit from the Board of Appeals are as follows:
a. Cemetery in all districts.
R-3
b. Public utility facilities in R-1, R-2,and R.4 districts.
R,2
c. Private school in R-11, and R-i districts.
o
d. Nursery school or child day care center in R-2 districts.
e. Neighborhood retail or service commercial facility in R-2 and R-3
districts.
f. Hospital or sanitoribn in R-3 district.
g. In P-1 districts within two hundred (200) feet of R-1, R-2 or R-3
districts, any use other than public recreation, classrooms, or
living accommodations which conform to the use and area regulations
of the adjacent residential district. Where the P-1 district is
contiguous to more than one residential district, the regulations
applying to living accommodations in such P-1 district shall be those
of whichever residential district has the strictest regulations.
2. Required plan. (as is in B. )
3. Standards applicable to all uses requiring special permits.
No special permit shall be recommended by the Board of Planning and
Development or granted by the Board of Appeals unless the proposed use or activity
meets the following requirements:
a. The location and size of the use, the size of the site in relation •
to it, and the location of the site with respect to the existing or
future streets giving access to it, shall be such that it will be in
harmony with the existing or intended character of the neighborhood
and will not discourage the appropriate development of adjacent land
Zoning
Page 12
and buildings or impair the enjoyment or value thereof.
b. Operations in connection with any special use shall not be
more objectionable to nearby property by reason of noise, fumes,
increased vehicular traffic or parking demand, vibration, or
flashing lights, than would be the operations of any use permitted
without special permit.
4. Specific standards applicable to certain uses requiring special
,permits..
Certain uses listed in the district regulations in 30.25 as requiring a
special permit must conform to the applicable conditions set forth in this sub-
section.
Neighborhood retail or service commercial facility in R-2 and R-3 districts.
a. The appellant must furnish information as to the specific goods or
services offered, the nature, size and hours of operation of the
facility proposed, in sufficient detail to enable the Board of Appeals to
i
N.00' determine whether the use conforms to the limitations specified in the
definition of this category (See paragraph 60, 830.3).
b. Before hearing the appeal, the Board must have received written response
on the proposal from a majority of those notified by the appellant as required
in the procedures set forth in 30.58. This response, as well as that expressed
at the public hearing, should be a principal factor in the Board's decision to
grant the special permit.
1
Zoning
Page 13
ARTICLE III
SUPPLEMENTARY REGULATIONS
(§30.31 - 30.36: No change from present ordinance. )
§30.37 Off-street parking
A. General requirements.
1. Location requirements.
(Add as a second paragraph: )
No more than two (2) adjacent parking spaces shall be permitted for the
purpose of satisfying the requirements of this Section, unless all spaces
have adequate maneuvering space and direct street access.
2. (as is)
3. („ )
4+.
PARKING SPACE REQUIREMENTS CHART'
Use2 Space Per each
Cooperative housekolj 1 two [bedrooms or sleeping rooms
or part thereof] persons housed
Rooming or boarding house,
rooms let 1 three persons housed
Hospital, nursing or
convalescent home 1 five patient beds
[Medical facility other
than hospital] Medical or
dental office 1 250 sq. ft. of floor space
Nursery school, child day
care center, priv ,elementary
or secondary school 1 two employees, plus
1 ten pupils enrolled
(remainder as is)
dwell i r.9
1See also District Regulations Chart. In the case of rental^units, the required
number of parking spaces must be provided by the owner without additional charge
to -Al
e tenant.
Zoning
Page 14
5. Parking in front yards.
In all districts a parking space may be provided in a required front or
side yard if the following requirements are met:
a. (as is)
b. No car may be parked parallel to the street within twenty (20) feet
of a front property line.
[Parallel] Parking spaces parallel to the street,may 'be permitted within
required front yards provided that such spaces are more than twenty (20)
feet from the front property line and do not exceed two (2).
B. Private and neighborhood parking areas in residential districts.
Plans shall be submitted for a private or neighborhood parking area for
four (4) or more cares. . . .
/ c. Parking area.
(1) Run-off water must be collected and transmitted or piped to the
nearest storm sewer, in accordance with this Municipal Code, or if
storm sewer is not available, then through underground piping to the
street gutter, and such piping shall conform to the rules and regulations
of the Board of Public Works applying thereto, except that for small areas
of no more than ten (10) spaces, these provisions may be modified with the
approval of the City Engineer.
(830.38 - §30.46 : No change)
Zoning
Page 15
§ 30. 47 Nonconforming Uses
A. Whenever the regulations are changed by amendment for a
district in which a building or land is located so that the use
under the new regulations is nonconforming, that use may be con-
tinued as a legal nonconforming use , under the new regulations only
if one or more of the following conditions are met :
1. The use conformed to the regulations in effect before
the amendment;
2 . The use, if nonconforming under the previous regulations,
had been established as a legal nonconforming use either by variance
granted by the Board of Appeals or by the fact that the use had been
and at the time of
in existence prior to^the enactment of regulations that had
rendered it nun-conforming.
It shall be the responsibility of the Building Commissioner
to determine on a case by case basis which buildings or land have
uses which will become legal non-conforming uses under the new
regulations . In making these determinations he shall rely on the
' property records in his office, based on the most recent information
available for each building or land. In cases where the actual
property use differs from the use of record, it shall be the property
owner' s responsibility to file a claim with supporting documentation
• to the Building Commissioner within ninety (90) days after the effec-
tive date of the amendment changing these regulations . The Building
Commissioner shall then review these claims , and at his sole discre-
tion determine whether the claim is valid. Such determinations shall
be made within nine (9) months of the effective date of the amendment
changing these regulations . The Building Commissioner may require
such additional information or testimony as he deems necessary in
•
Zoning
Page 16
making his determination, and may also deny a claim on the basis
I of inadequate information supplied by the claimant . Any property
owner aggrieved from a decision by the Building Commissioner may
appeal to the Board of Appeals for relief. Any property owner who
fails to file a claim within the ninety day filing period may also
file with the Board of Zoning Appeals , following the provisions of
30. 58 et seq of the City of Ithaca Municipal Code.
B. Legal non-conforming uses of any building or land shall
adhere to the conditions of § 30. 48 through § 30. 53 of this Article
although such use may not conform with other provisions of this
Chapter. The lawful use of any building or land legally existing
at the time of enactment of this Chapter may be continued only
subject to the provisions of § 30. 48 through § 30. 53 of this Article.
§ 30. 48 Construction approved prior to adoption of or amendment
to Chapter
Nothing herein contained shall require any change in plans ,
construction or designated use of a building for which a building
permit has been heretofore issued, and which entire building shall
be completed according to such plans as filed within two (2) years
from the effective date of this Chapter or any amendments hereto.
. § 30. 49 Repair, changes in use, extension or enlargement of
non-conforming uses or structures
• A. Repair of non-conforming uses or structures.
Necessary or desired repair of any nonconforming structure, or
of any structure housing a non-conforming use, declared unsafe by
proper authority, shall be accomplished in accordance with all
applicable regulations.
B. Changes of non-conforming use
A non-conforming use may be changed only to a use permitted in
Zoning
Page 17
the district in which it is located. Once changed to a conform-
\ / ing use no building or land shall be permitted to revert to a non-
conforming use .
C. Extension or enlargement of nonrconforming uses or structures
A non-conforming use may not be extended or enlarged to other
portions of structures not devoted to such use, or to other struc-
nor may a nonconforming structure be extended or enlarged,
tures , or to other land, except by means of a variance granted by
the Board of Appeals. In all districts any legal non-conforming
or structure •
-
useAexisting at the time of enactment of this Chapter as amended,
or subsequently constructed in compliance with a variance shall not
be extended or enlarged except in compliance with the regulations of
this Chapter as amended for each particular District.
(Sections 30.50 - 30.57: No changes. )
§30.58 Board of Appeals
B. 3. Variance
Area variance:
[In requesting consideration of a variance the appellant shall provide in
duplicate a dimensioned drawing showing the site layout proposed and including a
sketch drawing of the main elevation indicating proposed building materials and
landsaping treatment. Any significant change in the plan and elevation drawing
originally submitted must be approved by the Zoning Board of Appeals.
No variance shall be granted without the prior report of the Planning Board
as provided in Subdivision C of this Section. ]. . . . •
C. Procedure.
1. The Board of Appeals shall act in strict accordance with the procedure
specified by law and by this Chapter. All appeals and applications made to the
Board shall be in writing, on forms prescribed by the Board and shall be filed
4
Zoning
Page 18
with the Secretary of the Board, who shall forward them forthwith to the Board.
2. Every appeal or application for relief shall set forth the interpretation
that is claimed, or the use for which a special permit is sought, or the details
of the variance applied for and the grounds for which it is claimed that the
variance should be granted, as the case may be.
3. In requesting consideration of a variance the appellant shall provide in
duplicate a dimensioned drawing showing the sitr. layout -proposed.,}and.including _
a sketch drawing of the main elevation indicating proposed building materials
- and landscaping treatment. Any significant change in the plan and elevation
drawing originally submitted must be approved by the Board of Zoning Appeals.
[5. ] 4+. The appellant shall, at the time of filing his appeal, pay to the
Building Commissioner a fee of [ten dollars ($10.00)] fifteen dollars ($15.00)
to help defray the cost of the required legal notice and other incidental expenses.
However, an officer or administrative official of the City of Ithaca acting in
M J
his official capacity shall not be required to pay said fee.
[6. ] 5. If a variance or a special permit is requested, the appellant shall
send notice of same by mail to all property owners within two hundred (200) feet
from the boundaries of the lot under consideration. Such notice shall state the
relief sought, the type of use contemplated, [the appellant's name and the location
of the property in question] and such additional information as shall be required
by the Building Commissioner, and shall be [given] mailed at least five (5) days
prior to the [public hearing] meeting of the Planning and Development Board which
next precedes the public hearing. Proof of such mailing shall be filed with the
Board of Appeals prior to the holding of the public hearing.
13.3 6.
• [8 9. ARTICLE [VI] IV
ARTICLE [VII] V
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Special Meeting 11 : 00 A.M. May 26 , 1977
•
PRESENT:
Mayor - Conley
Aldermen (7) - Boothroyd, Dennis , Holman, Meyer, Nichols , Saccucci ,
Slattery
ABSENT:
A Aldermen (3) - Bordoni , Boronkay, Gutenberger
(.
OTHERS PRESENT :
Dir. Planning & Dev. - Van Cort BPW Commissioner - Shaw
Chief of Police - Herson BPW Commissioner - Whispell
Fire Chief - Weaver BPW Commissioner - Schickel
City Engineer - Cox Planning & Development Board - Hildreth
Planner II - Meigs Board of Representatives - Clynes
City Attorney - Shapiro Board of Representatives - Benson
Supt. Public Works - Dingman Tompkins Co. Planning Comm. - Liguori
Building Commissioner - Hoard Town of Ithaca Engineer - Fabbroni
Mr. William C. Hennessey, Executive Director NYSDoT - Syracuse , N.Y.
Mr: Joseph Powers , Regional Director NYSDoT - Syracuse, N. Y.
Mr. Malcom Graham, Regional Chief Design Engineer NYSDoT - Syracuse , N. Y.
Mr. John Van Zweden, Senior Civil Engineer, NYSDoT - Albany, N. Y.
Mr. Frank Maxsom and Mr. Robert Smith, Partners , Design Consulting Firm,
Rochester, N. Y.
SPECIAL ORDER OF BUSINESS:
Route 89-96 Corridor
Mr. William C. Hennessy, Executive Deputy Commissioner, and Mr. Joseph
Powers , Regional Director from the Department of Transportation, Syracuse ,
N.Y. discussed the options regarding the Route 89-96 corridor and
answered questions from the floor.
ADJOURNMENT:
The Meeting adjourned at 12 : 45 P.M.
•
•
IIA '
°•s-,•h A. Rundle, City Clerk Edward J. Conley, Mayor 0
1
•
323
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7: 30 P.M. June 1, 1977
PRESENT :
Mayor — Conley
Aldermen (10) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger,
Holman, Meyer, Nichols , Saccucci, Slattery
OTHERS PRESENT :
City Controller - Daley City Attorney - Shapiro
Dir. , Planning & Development - Van Cort Supt. , Public Works - Dingman
�... Fire Chief - Weaver City Clerk - Rundle
PLEDGE OF ALLEGIANCE:
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
JOHN RYAN RESOLUTION:
I) By Alderman Boronkay: Seconded by Alderman Bordoni
in WHEREAS, John F. Ryan served as Mayor of the City of Ithaca from
O January 1, 1956 through December 31 , 1959 , and from January 1 , 1962
Q through December 31, 1963, and
Q WHEREAS, during his entire residence in the City of Ithaca he gave
Q unstintingly of his time to the best interests of the City, and
WHEREAS, as a businessman, Mayor and citizen, he served the community
in many capacities and was respected by all who knew him;
NOW, THEREFORE BE IT RESOLVED, That this Council notes his passing on
May 11, 1977 with a sense of appreciation for his devotion to civic
and municipal duties and his interest in the general public, and
BE IT FURTHER RESOLVED, That this Council extends to his family its
sympathy on the loss of John, and
BE IT FURTHER RESOLVED, That a copy of this resolution be spread on the
minutes of this meeting, and a copy thereof transmitted to his family.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - Cable Television Franchise Transfer of Ownership--
Adjourned to June 1 , 1977
Resolution to Open Public Hearing
By Alderman Slattery: Seconded by Alderman Nichols
RESOLVED, That the Public Hearing to consider the Cable Television
Franchise Transfer of Ownership be opened.
Carried Unanimously
Attorney Walter J. Wiggins , representing Mr. Ceracche and also appearing
on behalf of the ATC, addressed the Council : He stated he had met with
the special City Commission concerning the matter and reached agreement
concerning items they wished to have included in the franchise.
Mayor Conley commented that the Commission has just received answers to
questions which they had submitted and have not yet met- -they intend to
meet with the Charter & Ordinance Committee of Council and have a recom-
mendation for Council at its July 6 meeting.
Alderman Bordoni reported the committee members had received hand-delivered
copies just that morning of the communication which was in response to the
letter which was part of the discussion placed on the agenda for the May
15 meeting which Mr. Collins of ATC was unable to attend. Atty. Wiggins
who was there representing both Mr. Ceracche and Mr. Collins , wasn't sure
of some points. that had been discussed earlier with Mr. Collins . He said
he would communicate with Mr. Collins and get an answer back so that the
Charter $ Ordinance Committee could communicate with them and come before
Council with their recommendation. Because of receiving the answer this
morning the committee had not had time to meet and can' t make a proper
324 -2- June 1, 1977
recommendation. Attorney Wiggins stated that Mr. Collins spoke personally
with Mr. Uloff and read the letter to him which is dated May 25 , and which
was sent to the attention of Mr. Uloff at the city offices. It was re-
ceived on Friday the 27th and Mr. Wiggins didn' t know until he read the
Newspaper on Tuesday the 31st that Mr. Uloff had not received the communica-
tion. Atty. Wiggins said he would be pleased to read the letter to Council.
He said some of the difficulties with the delays are that there are a
substantial number of employees who do not know where they stand; the
contract for the sale of the facility calls for closing on July 1, after
receiving approval , hopefully, from all of the municipalities ; at that
time it is necessary that the entire matter be brought to the New York
State Cable Commission for its approval. He asked permission for the
transfer immediately in order to go forward with the type of contract
commitments made that involve holding interest rates until July and re-
quested Council to consider and recognize the difficulties and danger to the
entire transfer if there is delay for another month.
Mayor Conley recalled that according to the chain of events laid out in the
beginning, the first time he talked to Mr. Ceracche and Mr. Collins , they
talked about the transfer and asked at a meeting if the city would call
for a public hearing in June so that action could be taken in July. He
said this was the first time there was any indication for a need to act
hastily. He had no objection to Atty. Wiggins reading the letter to Council
but he didn' t think it would be very meaningful inasmuch as it was the
Commission, not the Council , who asked the questions.
Atty. Wiggins commented that he believed there was a misunderstanding in
the dates- -it was May and June , not June and July; secondly, it was not
his understanding they were responding to questions- -they had reached an
agreement except for one item which was presented to them for the first
time at the meeting of May 15 which was related to an allocation of taxes ,
paid by the company, between the city and the county. The company
accepted that request and recommendation and all of this was communicated
to Chairman Uloff verbally on May 25th and was received by the City last
Friday.
Mayor Conley commented that the Common Council could empower the Charter
and Ordinancevto act on behalf of the Council ; they are meeting on June la.
Committee
For information of those Council members who may not attend the Charter
& Ordinance meeting, Atty. Wiggins read the letter from Mr. Collins
responding to the questions of the Ithaca Television Cable Commission.
Copies of the letter will be made available to the members of the Council.
Prof. Rose K. Goldsen, 770 Elm Street Extension, addressed the Council on
two points regarding public access . She urged the Council to pay serious
attention to writing into the franchise all conditions that would return to
the community by AT&C a sufficient number of facilities to take care of
demand now and in the future ; for example the broadcasting facilities.
Secondly, she voiced concern about possible broadcast of obscene images
and symbols over public access cable. She said it is characteristic of
Time, Inc. which happens to own the home box office ; she considers it
is one of the most obscene deliverers of images and symbols in the United
States.
Mr. Richard Hughes , Jr. , 210 Kelvin Place, a member of the Citizens
Interested in Access Group , spoke in support of the points brought up
by Prof. Goldsen.
•
Resolution to Close Public Hearing
By Alderman Saccucci : Seconded by Alderman Boothroyd
RESOLVED, That the Public Hearing to consider the Cable Television Franc?'!Tse
Transfer of Ownership be closed.
Carried Unanimously
Resolution
By Alderman Nichols : Seconded by Alderman Bordoni
BE IT RESOLVED, by the Common Council , That the request of Ceracche Cable
Television Corporation to transfer the television franchise they hold
from the City of Ithaca to the _'!TC Corporation is referred to the Charter
and Ordinance Committee , with power to act , and
-3- June 1, 1977 325'
BE IT FURTHER RESOLVED, That the Charter and Ordinance Committee will
seek the advice and counsel of the City of Ithaca Cable Television
Commission before transferring the franchise.
Carried Unanimously
Public .Hearing - to consider the Extension of a Temporary Moratorium on
Certain Building Permits and Certificates of Occupancy
Alderman Nichols explained that since the Council passed the revised
zoning of residential neighborhoods on May 25 , it is no longer necessary
; to have a moratorium on building permits in residential neighborhoods .
LResolution
By Alderman Nichols : Seconded by Alderman Meyer
BE IT RESOLVED, by the Common Council , That the temporary moratorium
imposed upon the issuance of building permits and certificates of
occupancy in the residential neighborhoods is hereby rescinded.
Carried Unanimously
Alderman Dennis arrived at 8: 05 p.m.
LO
Mayor Conley informed the Council that Alderman Gutenberger had requested
that during the recess in the meeting, the Budget & Finance Committee
O meet tomake a. recommendation on one of the agenda items (Item A-Planning
a $ Development Committee) .
a
a COMMUNICATIONS:
Mayor Conley suggested that reading of two letters sent to all Council
members be waived: a letter from Wayne D. Leboeuf, Director of Tompkins
County Chamber of Commerce asking for a temporary postponement of
Environmental Quality Review Act, and a letter from Ralph Jordan, Executive
Director of Tompkins County Chamber of Commerce regarding municipal power.
Resolution
By Alderman Bordoni : Seconded by Alderman Saccucci
RESOLVED, That reading of the two above-mentioned letters be waived.
Carried Unanimously
Mayor Conley informed the Council that he had three additional letters ,
one of which referred to Route 96 and one on municipal power.
Resolution
By Alderman Gutenberger: Seconded by Alderman Meyer
RESOLVED, That the letters referred to by Mayor Conley be referred to the
Planning $ Development Committee to be read at a later time.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL - Henry St. John School
Mayor Conley introduced several members of the Fifth and Sixth Grades
of Henry St. John School who addressed the Council in a plea for help
to raise $500 to help pay for a trip to Washington, D. C. The classes have
worked since January to earn the money and have $2 ,000 , but need $500 to
complete their goal. The following students spoke to Council : Christopher x
Davis , Vena Kostroun, Clara Carver, Tiffany Borowski , Lorenzo Lee , Carol
McCrae and Joe Stingerells.
Discussion followed on the floor.
It was agreed that Mayor Conley would discuss the matter with the School
District, and a representative of the group would attend the Commons
1 I Advisory Board meeting on Friday morning in an effort to find a way to
obtain the money. Also, Mayor Conley asked the press for help in
advertising the need.
COMMUNICATIONS FROM THE MAYOR:
Free Parking Thursday Night and Saturday
Mayor Conley informed the Council that he has had requests from merchants
for free parking in the Seneca and Green Street Ramps and the Woolworth
Parking Lot on Thursday night and Saturday through Labor Day. The item
is currently before the Board of Public Works who would like to have a
recommendation from the Council . Mayor Conley said it would be a great
1
326 -4- June 1, 1977
help to Central Business District merchants who are competing with ontsid
shopping centers who provide free parking, and also the city is in the
process of trying to stabilize the Caldwell site and attract new develope
to look seriously at that for the purpose of putting another project then
The city wishes to do everything possible to demonstrate that it is able
to attract people to downtown Ithaca.
Resolution
By Alderman Boothroyd: Seconded by Alderman Bordoni
RESOLVED, That the Council support the request to provide free parkin' pn
Thursday night and Saturday in the Seneca and Green Street Ramps and
Woolworth Parking Lot through Labor Day in an effort to attract shoppi5
to downtown Ithaca..
Carried Unanimously
MAYOR' S APPOINTMENTS:
Fire Commissioner
Mayor Conley informed .the Council that the Tornado Hook $ Ladder Co. 3
has recommended Herbert F. Spencer, 515 S. Cayuga Street, for consideratio
for appointment to the Board of Fire Commissioners. effective July 1, 1977,
and Mayor Conley asked for approval of his appointment of Mr. Spencer to
the Board.
Resolution
By Alderman Boronkay: Seconded by Alderman Gutenberger
RESOLVED, That the appointment of Herbert F. Spencer, 515 S. Cayuga Street
to the Board of Fire Commissioners for a three-year term, expiring June 30
1980 , is approved by the Council.
Carried Unanimously
Environmental Commission
Mayor Conley informed the Council that there were two vacancies on the
Commission caused by the resignation of Jack Hamilton, and Wayne Steinhaugi:
,4 At the suggestion of Patricia M. Carlson, Chairman of the Commission, i yoz
Conley appointed Mrs . Gayle German, 118 Grandview Court, a former Comm. Sic
member, to the vacancy caused by the resignation of Wayne Steinbaugh, .
a term ending December 31 , 1980 ; and Mr. William Burbank,. 1110 N. Tioga
Street to fill the vacancy caused by the resignation of Jack Hamilton, for
a term ending December 31 , 1978.
Resolution
By Alderman Boothroyd: Seconded by Alderman Slattery
RESOLVED, That the Council approve the appointment of Mrs-. Gayle German.
and William Burbank to the Environmental Commission.
Carried Unanimously
1
Capital Improvements Review Committee
Mayor Conley informed the Council that he had appointed the following
members to the Capital Improvements Review Committee : James Dennis and
John Gutenberger to represent the Common Council ; David Fuller and Rexford
Hildreth to represent the Planning E Development Board; and Barbara
Whispell and R. Milton Shaw to represent the Board of Public Works . Term
of appointment is for one year, from June 1 , 1977 through May 31 , 1978.
Resolution
By Alderman Saccucci : Seconded by Alderman Boronkay
RESOLVED, That the Council approve the appointment of James Dennis , Johr
Gutenberger, David Fuller, Rexford Hildreth, Barbara Whispell and R. Mi Di
Shaw to the Capital Improvements'/Committee for a term ending May 31 , 19
Li Review Carried Unanimously
CITY ATTORNEY' S REPORT :
Alderman Saccucci asked City Attorney Shapiro his opinion concerning the
letter from State Assemblyman Gary A. Lee regarding the "Municipal Over-
burden Program. " City Attorney Shapiro said he had not studied the matter
as yet but had written to Mayor Conley asking if he wished him to pursue
the suggestion in the letter. Mayor Conley wishes to talk to other
1 municipalities involved and get their reaction before initiating action.
i
i .
I_
-5- June 1, 1977 327
BUDGET $ ADMINISTRATION COMMITTEE :
Transfer of Funds - Civil Service Office
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That $1,500 be transferred from A 1990 Contingency Account to
A 1430 Personnel as follows : Line 300 , $500 ; Line 400 , $1 ,000.
. Discussion followed on the floor.
Carried Unanimously
1 Transfer of Funds - Building Department
By Alderman Gutenberger: Seconded by Alderman Boothroyd
WHEREAS, Common Council adopted an Apartment House Ordinance on May 4 ,
�--�
1977, and
WHEREAS, said ordinance requires inspections of all rental units every
three years , and
WHEREAS, it is necessary to increase the staff of the Building Department
to enforce said ordinance ;
LO
in NOW, THEREFORE, BE IT RESOLVED,
1. That the personnel roster in the 1977 City of Ithaca Budget for
Q Safety Inspection be amended to include an additional Housing
Inspector and one Senior Typist position.
2. That the Equipment List in the 1977 City of Ithaca Budget for Safety
Inspection be amended to include an additional desk, secretarial
chair, 2 four-drawer files and an electric typewriter.
AND, BE IT FURTHER RESOLVED, That $10 ,068 be transferred from A 1990
Contingency Account to A 3620 Safety Inspection as follows : Line 100 ,
$8 , 343; Line 200, $1 , 725.
Discussion followed on the floor.
Carried. Unanimously
Application for Federal Grant for Planning of Sewage Treatment Works v
By Alderman Gutenberger: Seconded by Alderman Boronkay
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION FOR A FEDERAL GRANT
FOR THE PLANNING OF SEWAGE TREATMENT WORKS UNDER THE FEDERAL WATER
POLLUTION CONTROL ACT AMENDMENTS OF 1972 (PUBLIC LAW (92-500)
WHEREAS, the City of Ithaca, New York, herein called the applicant , after
thorough consideration of the various aspects of the problem and study
of available data, has determined that the planning of certain works re-
quired for the treatment of sewage , generally described as Step I Waste-
water Facilities Planning Studies covering the City of Ithaca and portions
of the Towns of Ithaca and Dryden and identified as Project Number C- 36-1095 ,
herein called the Project , is desirable and in the public interest , and to
that end it is necessary that action preliminary to the planning of said
Project be taken immediately; and
WHEREAS, under Public Law 92-500 , the United States of America has
authorized the making of grants to aid in financing the cost of planning
of necessary treatment works to prevent the discharge of untreated or
inadequately treated sewage or other waste into any waters and for the
purpose of reports , plans , and specifications in connection therewith, and
WHEREAS, the Applicant has examined and duly considered Public Law 92- 500
and the Applicant deems it to be in the public interest and to the public
benefit to file an application under this Act and to authorize other action
in connection therewith;
NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Ithaca
1. That the filing of an application in the form required by the United
States and in conformity with Public Law 92-500 is hereby authorized
iric1uu.i.ig all understandings and assurances conLained in said appii-
cation;
328 -6- June 1, 1977.
2 . That the Superintendent of Public Works is directed and authorized
as the official represencacive of the Applicant to act connection
with the applicationand to provide such additional information as
may be required;
3. That three (3) certified copies of this Resolution be prepared and
sent to the New York State Department of Environmental Conservation,
Albany, New York, together with the Federal application;
4. That this Resolution take effect immediately.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
U Application for Funds - Community Renewal Program
By Alderman Gutenberger: Seconded by Alderman Slattery
WHEREAS, pursuant to Title I of the Housing Act of 1949 , as amended, the
United States of America has entered into a Contract for Community Renewal
Grant Program, No. NYR-268 (CR) , with the City of Ithaca, hereinafter called
"municipality," dated September 14 , 1970 , and
WHEREAS, the City of Ithaca is desirous of obtaining State financial
assistance,
NOW, THEREFORE, BE IT RESOLVED BY the Common Council of the City of Ithaca,
New York that:
Section 1
(a) the Municipality has prepared and completed the Community Renewal
Program described in the Application.
(b) the program as prepared and completed has been approved.
(c) such program conforms to the comprehensive community plan
for the development of the municipality as a whole.
Section 2
(a) it will abide by and carry out the State Requirements for a workable
program of community improvement as promulgated by the Commissioner
from time to time.
(b) it will carry out and perform all its obligations pursuant to the
approved Application.
Section 3
(a) the program has been certified as eligible for federal financial
assistance and that the Municipality has entered into a Contract for
Community Renewal Program Grant with the United States of America
providing for financial assistance under Title I of the Housing Act .
of 1949, as amended, for preparation and completion of the Program.
(b) the State Capital Grant will not exceed one-half of the cost to the
Municipality of such program exclusive of any Federal or State aid
or assistance therefor.
(c) the funds available to the Municipality including any federal grant
for the program, the local assistance and the State Capital .Grant
will be sufficient to cover all probable costs of the Program and
to discharge its obligations .
Section 4
The proceeds of the State Capital Grant , together with any federal grani
and the local funds made available to it, will be used as promptly as
possible for the purpose contemplated in the application.
Section 5
Richard M. Daley, City Controller, is hereby authorized to execute and
file an application for a State Capital Grant Contract for Community
Renewal Program with and in the form prescribed by the Commissioner of
Housing and Community Renewal for State assistance to the City of Ithaca,
New York in an amount not to exceed $14,600 , and to provide such addi-
tional information and to furnish such documents as may be required by
the Commissioner of Housing and Community Renewal , and to act as the
authorized representative of the City of Ithaca, New York.
Section 6
The Municipality represents that its incurring of indebtedness for the
program is within its debt incurring power.
ul t 1cu U11d111MOUS ly
i 1'. ..... J-_a3 ..- .._.a1 a.. ..
t
- 7- June 1 , 1977 329
Policy for 1979 Capital Improvements Bu4get
By Alderman Gutenberger: Seconded by Alderman Saccucci t
WHEREAS, this Common Council established a procedure for Capital Project i,.
review in the City of Ithaca Administrative Code , and
il
WHEREAS, it is the consensus of this Common Council that the procedure
is valid and necessary to conform to the time schedule of the total
. budget process , and
a
x:
WHEREAS, to avoid improperly conceived capital projects with inadequate
! cost information, there needs to be more preparation time ;
.
NOW, THEREFORE, BE IT RESOLVED, That the following procedure for 1978
`-..
Capital Projects be adopted: . fft:
1. All Committees limit their review and recommendations for 1978 Capital
Projects to the project applications received by the deadline date , any
additional costs for existing projects and any "emergency" projects .
AND, BE IT FURTHER RESOLVED, That during the next 12 months all depart- 1
Lo ments prepare 1979 project requests for submission to the City Controller
In for processing by the necessary Capital Project Review committees . Said
(--) requests shall he limited to concepts and general cost estimated until
Zit
approved by Common Council. Upon approval of the concept by Common t:.
Council , departments shall prepare detail design, costs , etc. for re-
submission to the Capital Improvements Review Committee by May 15 , 1978
Q and processed according to the procedures as set forth in the Admini-
strative Code.
Carried Unanimously
Expungement of 1977 Taxes
By Alderman Gutenberger: Seconded by Alderman Boothroyd
II
WHEREAS, the 1977 Tax Roll for the City of Ithaca included a parcel known
and numbered as 43- 2-2 . 1 on Cascadilla Street and owned by Robert W.
Baker and G. Banfield, 803 Cascadilla Street, and
ri
WHEREAS, said property was conveyed to the City of Ithaca after the tax
status date ;
NOW, THEREFORE, BE IT RESOLVED, That the tax bill for parcel 43- 2-2 . 1
on Cascadilla Street in the amount of $7. 00 is hereby expunged.
Carried Unanimously
Audit
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the Budget and Admini-
stration Committee in the total amount of $21 ,092. 12 as listed on Audit
Abstract #5/1977 be approved for payment. j
Carried Unanimously ''
Council recessed at 9 : 10 p.m.
4
Council reconvened into regular session at 9 : 25 p.m.
CONTROLLER' S REPORT :
Revenue Sharing Requests
Controller Daley reported that he had received a total of over $200 , 000
in requests as of today, the deadline. .
PLANNING E DEVELOPMENT COMMITTEE:
Route 96 .1
' Alderman Meyer reported that there have been several meetings of various '
groups to discuss the proposals for Route 96. The Planning & Development
Committee will meet on June 14 at 8 : 00 p.m. at which time they hope to
make a decision. The whole Council is invited to the meeting for dis-
cussion with the committee. 11
z
Municipal Power
Alderman Meyer reported that there was a meeting of the Municipal Power
Task Force on Thursday, June 2 and there have been many other meetings .
V
330 -8- June 1, 1977
She reported that she attempted to make it very clear that the Common
Council' s charge was not to decide on municipal power; that their charge
was simply to make a decision on whether or not there would be a study
regarding municipal power. On June 20, 1977 there will be a meeting of
the Planning E Development Committee at 8 p .m. in the Council Chambers
at which she hopes the entire Council will be present. There will be a
report from the Task Force and a report from the N.Y. State Electric &
Gas Company. After that meeting it is hoped that Council will make some
decision on that study which the committee will then bring to the July,
Council meeting.
CHARTER E ORDINANCE COMMITTEE:
V' Resolution raising penalties for violations of Ithaca Housing Code
By Alderman Nichols : Seconded by Alderman Boothroyd
ORDINANCE NO. 77-6
AN ORDINANCE AMENDING CHAPTER 27 ENTITLED "HOUSING CODE" of the City of
Ithaca Municipal Code
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows :
Section 1 : That Chapter 27 entitled "Housing Code" of the City of Ithaca
Municipal Code is hereby amended as follows :
1. That a new section to be known and designated as Section 27. 47
entitled "Penalty" to follow Section 27. 46 is hereby added to
said Chapter to read as follows :
"27. 47 Penalty
Any person who violates any provision •of this Part shall , upon
conviction, be punished by a fine of not less than two hundred
fifty ($250. 00) dollars , nor more than five hundred ($500. 00)
dollars ; and each day' s failure to comply shall constitute a
separate violation. The imposition of any such fine shall not
bar any other relief or penalties otherwise applicable. " •�
That Subdivision A of section 27. 100 entitled "Violations and
Penalties" be amended to read as follows :
A. Except as provided in section 27. 47 and section 27. 57 of
this Chapter, every person who shall fail to comply with a
• violation order issued by the Building Commissioner within
the time limit stated therein shall be guilty of an offense
and upon conviction shall be punished by a fine of not more
than two hundred and fifty dollars ($250. 00) or by
14 imprisonment for not more than thirty (30) days or both.
Each week that a violation continues shall be a separate
offense.
Section 2 : This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section 3. 11 (B) of
the Ithaca City Charter.
kY,
Carried Unanimously
Administrative Code Revision
Alderman Nichols reported that the committee had been working, at the
request of some of the aldermen, on strengthening the administrative
Ij code. They were unable to meet with the Budget & Administration Com-
mittee as they planned, but will continue to work on the project .
State Environmental Quality Review Act local guidelines
Alderman Nichols reported that a draft of the work done so far by staff
has been distributed to the Council. She said the push to get the report
done immediately has been removed somewhat because the local guidelines
do not have to be completed until September.
Mayor Conley informed the Council that notices have been sent out of a
Workshop on June 24 in the Council Chambers to get better information
on what they are dealing with and why.
•
Amrsagag
•
,m
331
-9- June 1 , 1977
•
Noise Ordinance
Alderman Nichols reported that there have been a number of complaints
and the committee intend to work on this .
Booklets Describing City Government and Rules and Regulations of the
Board of Public Works
Alderman Nichols reported that the committee has had several suggestions
that the city publish a booklet of this type which would be a guide to
city government for residents and others interested.
Suggested Addition to Council Rules of Procedure requiring adjournment
to the following evening if all business has' n:ot been transacted by
eleven p.m.
Alderman Nichols reported that it has been proposed that if it is the
desire of the Common Council to adjourn unfinished business to the
following evening if not completed at the regular meeting , the committee
will draft this to be added to the Rules of Procedure.
Discussion followed on the floor. It was decided to try to complete 4
Lo the agenda at the regular meeting.
1.0
Method of Filling Vacancies on the Common Council
o By Alderman Nichols: Seconded by Alderman Bordoni
Q WHEREAS, a resolution regarding the filling of vacancies that may arise
Q on the Common Council with a member of the same political party as the
Q departed Council member was referred to the Charter and Ordinance Com-
mittee in January 1977 , and
WHEREAS, the committee has considered the matter carefully and conferred
with the sponsor of the original resolution, and
WHEREAS, it is the decision of the committee that this resolution would
be contrary to the interests of independent voters and joint endorsements
by several political parties ,
NOW, THEREFORE, BE IT RESOLVED, That this item is hereby removed from
`--' the agenda of the Common Council.
Carried Unanimously
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Alderman Slattery reported that the ad hoc Sewer Committee had met with
the Town of Ithaca and will be meeting shortly; they are awaiting a
proposal by the Town of Ithaca to discuss at the next meeting.
Mayor Conley commented that in negotiations with the Town of Ithaca he
asked Alderman Slattery who has been with this right along, Alderman
, Dennis , Chairman of the Intergovernmental Relations Committee , and
Alderman Bordoni, representative of the Board of Public Works to be the
City' s committee to meet with the Town of Ithaca, along with the members
of the Board of Public Works who have been involved with it.
HUMAN SERVICES COMMITTEE :
Alderman Boothroyd informed the Council that interest has been expressed
in the City setting up an emergency rescue squad of the Police Department
or some other vehicle primarily for resuscitation of probable drowning,
heart attach, stroke victims , etc. It is in the discussion stage , the
committee is going to pursue it further and will report back to the Council .
BICENTENNIAL COMMISSION:
Alderman Nichols reported that individual members of the commission are
working on several projects - the Rose Festival on June 20 , the Circle
Greenway, city archives , etc. The Commission has not dispersed the funds
left from sale of food and beverages at the public event last year.
ENVIRONMENTAL COMMISSION:
Alderman. Holman reported that the Commission did not have a quorum at
the last meeting due to the vacancies on the commission. They did,
however, forward a resolution on SEQRA to the Planning & Development
Committee.
332 -10- June 1 , 1977
PT,A.NNTNC F TIFVPLOPMPNT COMMITTEE:
South Hill Park
By Alderman Meyer: Seconded by Alderman Holman
WHEREAS, Common Council is considering purchase of certain land on
South Hill known as South Hill Park, and
WHEREAS, this land could be used as a public park before it is purchased
by the city,
THEREFORE , BE IT RESOLVED, That the Mayor be hereby authorized to enter 1 -
into a lease , subject to approval by the City Attorney and Supt. of
Public Works , with the owner of South Hill Park, allowing the land to be
used for a park and holding the owner harmless for any claims arising
from said use of such land. •
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE:
Transfer of Funds
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the Planning Department be authorized to hate two real
estate appraisals of the western part of parcel 92-5-9 on Hillview Place,
BE IT FURTHER RESOLVED, That $500 be transferred from A1990 Contingency
to A8020-407 Planning-Contractual Services .
Carried Unanimously
NEW BUSINESS:
Water Rates Inside City of Ithaca
Mayor Conley reported that he had had conversations with individuals in
the community over the years , as have aldermen and he believes it is time
for Council to consider a request to eliminate the rate and one-half water
rate for citizens inside the City of Ithaca. Revenue is now high, enough
because of expansion of services and new businesses , and bond payments low
enough that it is an appropriate time to ask that all residents have the
same water rates.
Resolution
By Alderman Boothroyd: Seconded by Alderman Bordoni
RESOLVED, That the study of elimination of time and one-half water rates
within the City of Ithaca be referred to the Budget F Administration
Committee and a resolution be brought back to the Council , when completed.
Carried Unanimously
Tour Boat Cayuga Lake
Alderman Dennis asked if there were any way the City could help to keep
the Tour Boat at Stewart Park in operation. The insurance rates have
increased to the point where the owner can no longer afford to operate
the boat. Mayor Conley agreed to look into the matter to see what the
City might be able to do and come back to ,the Council.
ADJOURNMENT :
On a motion the meeting adjourned at 10 : 05 p .m.
5;; 164 ; 17
0,,
INA44,-,X-
sepih A. Rundle , City Clerk Edwar J.
' Onley, M. 'or
333
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7 : 30 P.M. July 6 , 1977
PRESENT:
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger,
Holman, Meyer, Nichols , Saccucci , Slattery
OTHERS PRESENT:
City Controller - Daley City Engineer - Cox
City Attorney - Shapiro Building Commissioner - Hoard
• `-' Dir. Planning & Dev. - Van Cort Asst. Supt. Public Works - Dougherty
Fire Chief - Weaver City Clerk - Rundle
PLEDGE OF ALLEGIANCE :
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
In MINUTES:
(D By Alderman Nichols : Seconded by Alderman Boothroyd
RESOLVED, That the Minutes of the May 25 , 1977 and June 1 , 1977 meetings
Q be approved as recorded by the City Clerk.
Q Carried Unanimously
Q ADDITIONS TO THE AGENDA:
Budget & Administration Committee
Alderman Gutenberger requested permission to remove Item G of XIII Budget
and Administration Committee from the agenda.
No Council member objected.
CHARTER & ORDINANCE COMMITTEE :
Sign Ordinance revisions concerning Elmira Road- -request for public hearing
at August 3, 1977 Council meeting
By Alderman Nichols : Seconded by Alderman Holman
BE IT ENACTED by the Common Council , That the City Clerk is directed to
advertise a public hearing on Article 34. 4 , Sign Ordinance , of the City
of Ithaca Municipal Code with reference to proposed changes concerning
the sign restrictions to be in effect in the B- 5 districts (Elmira Road
and environs) . The hearing will be held at 7 : 30 p.m. on Wednesday,
August 3, 1977 , in the Common Council Chambers , 108 East Green Street , in
the City of Ithaca.
Carried Unanimously
Zoning Map change requested on East Buffalo Street- -request for public
hearing at August 3, 1977 Council meeting
By Alderman Nichols : Seconded by Alderman Boothroyd
BE IT ENACTED by the Common Council , That the City Clerk is directed to
advertise a public hearing on a proposed zoning change that was requested
by a property owner on May 25 , 1977 , to be held on Wednesday, August 3 ,
1977, at 7 : 30 p.m. in Common Council Chambers , 108 East Green Street , and
BE IT RESOLVED, That the City of Ithaca Board of Planning and Development
is requested to make a recommendation concerning the proposed zoning map
change at their July meeting.
Carried Unanimously
State Environmental Quality Review Act local guidelines- -request for
f public hearing at August 3, 1977 Council meeting
y Alderman Nichols : Seconded by Alderman Slal.tery
BE IT ENACTED by the, Common Council , That the City Clerk is directed to
advertise a public hearing on proposed local guidelines for implementation
of tit„; State Environmental Quality Review A:t to go into effect on Septem-
ber 1 , 1977 , and establishing categories of projects that will :equine
environmental impact statements as part of the planning process . Thi
hearing will take place at 7 : 30 p .m. on August 3, 1977 , in the
Council Chambers , 108 East Green Street .
• Carriea Unanimou,?y
334 -2- July 6 , 1977
Cable Television Franchise Transfer
Alderman Nichols reported on action of the Charter and Ordinance Committee' s
procedure in authorizing the transfer in accordance with action taken at the
June 1 , 1977 meeting of the Common Council . City Attorney Shapiro advised
Alderman Nichols that the changes in the Cable Television Franchise should
be prepared as a Local Law to be sent to the Council to be voted on at
the August 3, 1977 meeting of Council and incorporated into the franchise.
BUDGET $ ADMINISTRATION COMMITTEE:
Transfer of Funds- -Board of Public Works
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That $50 ,000 be transferred from A1990 Contingency Account to
the Capital Project known as "Stewart Avenue - Retaining Wall Repair."
Carried Unanimously
Transfer of Funds--Board of Public Works
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That $3,400 be transferred from F1990 Contingency Account to
Account F8340-4 Maintenance. of Standpipes for replacement of cathodic
protection at the Oakwood Lane Tank.
Carried Unanimously
Transfer of Funds--City Graphics
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That a Capital Project in the amount of $10 ,000 be established
for a City Graphic System, and
BE IT FURTHER RESOLVED, That $10 ,000 be transferred from A1990 Contingency
Account.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Approval of Agreement- City Graphics
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the Mayor be authorized and directed to enter into a contra
as approved by the City Attorney and the- Director of Planning and DevelopmT'nt,
with Carreiro Design in the amount of $8 ,300 for design of the City Graphic
System, and
BE IT FURTHER RESOLVED, That Carreiro Design be directed to make a presenta-
tion to the Budget $ Administration Committee after completion of the design
development phase including estimates of the cost for the system before pro-
ceeding with the next phase.
Discussion followed on the floor.
Alderman Meyer offered the following amendment ; Seconded by Alderman Holman
That the words ,"and Planning $ Development Committee," be added to the
second paragraph of the resolution following "Budget & Administration
Committee," and added "that it be presented to the Council."
A vote on the amendment resulted as. follows;
Carried Unanimously
A vote on the original resolution as amended was presented to Council as
follows :
RESOLVED, That the Mayor be authorized and directed to enter into a contr t
as approved by the City Attorney and the Director of Planning and Develop
ment with Carreiro Design in the amou.it of $8 , 300 for design of the Cit)fl
Graphic System, and �-•
BE IT FURTHER RESOLVED, That Carreiro Design he directed to make a presenta-
tion to the Budget G Administration Committee and Planning & Development
Committee after completion of the design development phase including
estimates of the cost for the system before proceeding with the next phase,
and that it be presented to the Council .
Carried Unanimously
- 3- July 6 , 1977 335
Account Clerk-Typist position
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That the Police Department is hereby authorized to hire an Account
Clerk/Typist , Non-competitive Class Part Time for the period from July 7,
1977 through September 1 , 1977.
Carried Unanimously
Administrative Secretary position- -Building Department
By Alderman Gutenberger : Seconded by Alderman Saccucci
,' ! RESOLVED, That the Personnel Roster for the Building Department be changed
by eliminating the Senior Stenographer position and adding an Administrative
Secretary position.
Discussion followed on the floor.
A vote on the resolution resulted as follows !
Carried Unanimously
Administrative Secretary Appointment- -Planning' Department
in By Alderman Gutenberger : Seconded by: Alderman Nichols
In WHEREAS, Margaret Haine was provisionally appointed to the position of
Administrative Secretary in the Department of Planning and Development
Q at Step 6 , and
Q WHEREAS, Margaret Haine has taken the test for Administrative Secretary
Q and scored 92 . 4% , the highest of those taking the test , and
WHEREAS, the Director of the Department of Planning and Development wishes
to appoint Margaret Haine to a probationary period leading to possible
permanent appointment as Administrative Secretary in the Department;
BE IT RESOLVED, That Margaret Haine be appointed to the position of
Administrative Secretary in the Department of Planning and -Development
at an annual salary of $9 , 382 , for a probationary period as provided by
Civil Service regulations .
Carried Unanimously
Senior Clerk Positions- Finance' Department
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the Personnel Roster for the Finance Department be changed
by eliminating two Account Clerk positions and an Account Clerk/Typist posi-
tion and adding three Senior Clerk positions . and that Civil Service be- .re-
quested to hold a promotional exam for the three Senior Clerk positions.
Carried Unanimously
Salary Adjustments CETA workers- YouthBureau
By Alderman Gutenberger : Seconded by Alderman Dennis
WHEREAS, a recent ruling of the CETA-Manpower Unit of the N,Y, S, Department
of Labor has stated that CETA participants are to be treated the same as
other employees of the municipality, and
WHEREAS, the CETA participants in the Youth Bureau are being paid less than
the salaries established by the 1977 Compensation Plan,
NOW, THEREFORE, BE IT RESOLVED, That the following salary adjustments be
made :
Frederic Sayne from $8 ,450 per annum to $9 , 814 per annum
Mark Bailes from $8,450 per annum to $9,814 per annum ..
Allen Green from $8,450 per annum to $9 ,437 per annum
Carried Unanimously
e"'
Concurrent Resolution with County-213 S. Plain Street '
By Alderman Gutenberger: Seconded' by Alderman' Boot�yd
WHEREAS, Tompkins County has agreed to convey the premises located at
213 S. Plain Street for the sum of $1. 00 , and
WHEREAS, said conveyance is subject to the understanding that if the City
of Ithaca sells said property at a profit , that the net profit shall be
divided between the County of Tompkins and the City of Tthaca in the same
proportion that the unpaid City taxes bear to unpaid County taxes as of
June 13, 1977. Said sum paid not to exceed the amount of unpaid County
taxes ;
336 -4- July 6 , 1977
NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca hereby accepts .
this conveyance and the terms and conditions as set forth in the Tompkins
County resolution No: 143 as adopted June 13; 1977.
Carried Unanimously
Expungement of City Taxes- -213 S. Plain Street
WHEREAS, the City of Ithaca has accepted the conveyance of the premises
located at 213 S. Plain Street ; and
WHEREAS, there are taxes due to all taxing jurisdictions including the
City, and
WHEREAS, it is necessary to expunge the City taxes on City-owned property;
NOW, THEREFORE , BE IT RESOLVED, That the City of Ithaca taxes and
penalties levied on the property located at 213 S. Plain Street are
hereby expunged.
Carried Unanimously
v Expungement of City Taxes- -207-17 W. State Street
By Alderman Gutenberger: Seconded by Alderman Saccucci
WHEREAS, the City of Ithaca purchased the property located at 207=17
W. State Street, and
WHEREAS, City of Ithaca taxes are due;
NOW, THEREFORE, BE IT RESOLVED, That the City of Ithaca taxes on the
property known and numbered as 207-17 W. State Street are hereby expunged.
Carried Unanimously
Appropriation Drug Abuse Program
By Alderman Gutenberger : Seconded by Alderman Dennis
WHEREAS, this Common Council appropriated $719 for the Tompkins County Youth
Drug Abuse Program for services during the period of April 1 , 1977 to
June 30 , 1977 , and
WHEREAS, an additional amount of $1 ,438 is necessary for the remainder
of 1977;
NOW, THEREFORE, BE IT RESOLVED, That the contract with the Tompkins County
Drug Abuse Program be amended to include an additional $1 , 438 for services
for 1977.
Carried Unanimously
Spencer Road and Coddington Road Water' Rates
By Alderman Gutenberger: Sec— onIsa-157—Alderman Saccucci
RESOLVED, That this Common Council strongly recommends to the Board of
Public Works that the outside rates for water and sewer presently charged
to the properties in the Spencer Road area, which has been annexed to the
City of Ithaca, be reduced to the present rates charged other users in
the City of Ithaca for services on or after January 1 , 1978 , and
BE IT FURTHER RECOMMENDED to the Board of Public Works , That future sewer
assessment charges on properties in the Coddington Road area be eliminated
beginning 1978.
Discussion followed on the floor. City Attorney Shapiro suggested that
the second paragraph of the resolution read, "BE IT FURTHER RECOMMENDED
to the Board of Public Works" in place of "BE IT FURTHER RESOLVED. "
A vote on the amended resolution resulted as follows :
Carried Unanimously
Authorization for "EmerUency Purchase" of Police Vehecles
By Alderman cuterlberger : Seco TIed by AlleTifilan Lcucci-
WHEREAS , the City of Ithaca advertised for bids for Police Department
vehicles , and
WiiFIRA.S, on June 13 , 1977 , the returnable date for bids , no one appeared
with bids , nor were there any seal ed bids , and
WHEREAS , an emergency situation exists in the Police Department due to the
condition o existing vehicles ;
- 5- July 6 , 1977 337
, ,
NOW, THEREFORE , BE IT RESOLVED, That this Common Council hereby declares
an emergency and authorizes the Police Department to make direct purchases
of vehicles within the 1977 City of Ithaca Budget appropriation. •
Carried Unanimously
Program Budgeting
By Alderman Gutenberger: Seconded by Alderman Dennis
WHEREAS, Common Council adopted a resolution on May 5 , 1976 setting 1978
for implementation of Program Budgeting, and
- WHEREAS , due to staffing problems , all departments will not be able to
1conform to said schedule ;
NOW, THEREFORE , BE IT RESOLVED , That this Common Council establish the
following schedule for Program Budgeting submissions :
For the Year 1978 : Youth Bureau
Fire Department
Finance Department
Building Department
Civil Service Department
Mayor' s Office
U
•
0 For the Year 1979 : Planning Department
Q Police Department
For the Year 1980 : Department of Public Works •
Q Carried Unanimously
Audit
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the bills audited and approved by the Budget and Administra-
tion Committee in the total amount of $42 , 241 . 55 as listed on Audit
Abstract #6/1977 be approved for payment.
tscussion followed on the floor.
`..vote on the resolution resulted as follows :
Carried Unanimously
COMMUNICATIONS :
One-way Streets
City Clerk Rundle read the following letter addressed to the Mayor and
Common Council from William S. Downing:
';lune 20 , 1977
The Mayor and Common Council
City of Ithaca City Hall
Ithaca, New York 14850
Dear Sirs ,
The evidence that the one-way street status of Aurora Street and Cayuga
Street has only served to disrupt the normal flow of traffic is now so
clear, I would like to request Council and the Board of Public Works to
restore these streets to their previous status .
round-about routing of all southbound traffic along Cayuga Street
t Clinton Street and then to the dangerous intersection with Aurora
eet has produced no real solution to city traffic conditions of any
1 significance. Nor is the time required to drive through the city
droved, as anyone can observe .
Better coordination of traffic lights has helped some but requires improve-
ment for the full effectiveness of this alternative .
Your positive consideration of this request would be greatly appreciated.
Yours very truly, •
William S. Downing
William Downing Associates , Architects"
-6- July 6 , 1977
338
Mr. Downing addressed the Council , saying that the new traffic pattern of
one-way streets in downtown Ithaca has created a bedlam of noise and
confusion as so much of the traffic headed south is diverted tortuously
through the business district. It has caused excessive traffic complica-
tions and waste of energy, as well as excessive noise and accidents along
Cayuga Street. The noise and confusion is dreadful for those who live and
work in this area and frustrating for all the rest . Some of the worst of
the noise is caused by the City police cars , especially at night , speeding
through downtown streets , sirens screaming. He said he doesn't know who is
going to protect us from these drag races in uniform but he is sure this
practice is as dangerous as it is disruptive of the peace and tranquillity
of the City. He suggested (1) restoration of two-way traffic on Aurora
and Cayuga Streets , and (2) a noise ordinance that will control the bad
. muffler situation and the screaming of police sirens .
Green Street Parking Ramp
City Clerk Rundle read the following letter addressed to Mayor Conley:
"May 31 , 1977
Hon. Edward Conley
Mayor, City of Ithaca
City Hall
Ithaca, New York 14850
Re : • Green Street Parking Ramp
Dear Mayor Conley:
I had a meeting with one of the large merchants on The Commons last week.
It was suggested that I write this letter to you with a copy to the
Republican mayoral candidate to call to the attention of both of you a very
serious. problem. It appears that the downtown merchants are having a great
deal of difficulty competing with the free parking provided by Pyramid Mall
and the other shopping centers on the city fringe. It is suggested that
perhaps the City could undertake a program of permitting parking underneal
the Green Street parking ramp on a charge or no charge basis until such
time as that area is utilized as originally contemplated. Also , the area ...
directly behind the old Montgomery Ward building, City Hall parking lot ,
Holley' s , etc. has; never been swept and cleaned and it would be nice if you
could have one of your portable sweeping machines sweep the area on a weekly
basis .
From what I can understand, the downtown merchants need all the help they can
get and we would appreciate your serious consideration of developing the area
mentioned above for parking.
Yours very truly,
Manley H. Thaler
Thaler & Thaler Attorneys and Counselors
cc : Vincent Giordano
Giordano Construction Co.
602 Hancock Street
Ithaca, New York 14850"
Resolution
By Alderman Saccucci : Seconded by Alderman Slattery
RESOLVED, That the above letters be referred to the Parking , Traffic and
Transit Committee of the Board of Public Works for implementation, or
recommendation back to the Council .
Carried Unanimously
Development Plan Center r' Ithaca
y,'
Mayor Conle � e�,d a letterwh?ch had been delivered to him that afternoon
from Anton J. Egner:
- 7- July 6 , 1977 339 ]
"July 6 , 1977
The Honorable Edward Conley, Mayor .
Members of the Common Council t
Dear Mayor Conley and Members : r'
This letter is to inform you that I will not submit a development plan
for the Center Ithaca vacant parcel .
,
•
As I told you at the Common Council meeting of Thursday, June 23 , 1977 ,
the July 21 deadline does not permit enough time to properly prepare
I documentation for the project. : }
Very truly yours ,
Anton J. Egner
ANTON J. EGNER E ASSOCIATES"
Other Communications :
Mayor Conley asked what the Council wished him to do about the folder of
letters and petitions received on the items of Rte. 96 and Municipal Power.
411 aldermen had been given copies of the materials .
LO
QResolution
y Alderman Slattery: Seconded by Alderman Saccucci
ESOLVED, That reading of the letters be waived in order to expedite the
eeting.
Q Carried Unanimously
CITY ATTORNEY' S REPORT :
City Attorney Shapiro informed the Council that the city his been served
with some papers by the Lentley Corporation , but he has not had a chance
to read them as yet.
MAYOR' S APPOINTMENTS :
rban Renewal Agency
ayor Conley announced the appointment of Mr. John M. Crowley, 96 Ithaca
oad, to the Urban Renewal Agency, as a representative of the Ithaca Housing
Authority, to replace Stuart Stein for an indefinite term.
Carried Unanimously
Resolution
By Alderman Slattery: Seconded by Alderman Gutenberger
RESOLVED, That this Common Council hereby approves the appointment by
Mayor Conley of Mr. John M. Crowley to the Urban Renewal Agency for an
indefinite term.
Carried Unanimously
Urban Renewal Agency
Mayor Conley informed the Council that he had received the resignation
of Lloyd Street from the Urban Renewal Agency. He announced the appointment
of Raymond Bordoni , Jr. , 415 Utica Street , Council liaison member of Board
of Public Works and voting member of the Planning Board, to replace Mr. Street.
Resolution
By Alderman Saccucci : Seconded by Alderman Slattery
RESOLVED, That this Common Council hereby approves the appointment by Mayor
Conley of Raymond Bordoni, Jr. to the Urban Renewal Agency to fill the
vacancy caused by the resignation of Lloyd Street.
Carried Unanimously
ANNING & DEVELOPMENT COMMITTEE :
I iimary Care
ITT'. David Taube , architect , made a presentation of the Downtown Family
Medicine Center. R. MacDougall of the Planning Department staff, gave a
report of the financial status of the project.
Discussion followed on the floor.
Mr. Vincent Giordano informed the Council that John. Bentkowski of Cornell
University is working with a group of doctors to buy the Sinclair Gas
Station on the corner of Cdyuga Street , adjacent to Mickey' s Market and
the old Northside Drug Store site. He suggested the committee try to get
340 -8- July 6 , 1977
a group of doctors to open up and maintain their own medical facility,
as long as the proposed Medicine Center is not going to include an
emergency facility. He said it would be a more efficient operation and
put the property back on the tax roll . I-Ie asked if the architect ' s •
services had been put out to bid and was told that professional services
are not bid.
` Resolution
By Alderman Meyer: Seconded by Alderman Nichols
RESOLVED, That Common Council accepts the concept for the Downtown Family
Medicine Center as presented by Architects Taube and O' Brien, and requests
the architects and the Board of Public Works to proceed with construction
of the facility.
Carried Unanimously
Municipal Power
ald rinan Meyer read the original resolution that appeared on the agenda:
RESOLVED, That the City of Ithaca not undertake a feasibility study of the
question of a municipal power system at this time .
BE IT FURTHER RESOLVED , That the City Attorney be directed to investigate
the possibility of making formal inquiry to PASNY as to availability of
PASNY power to the City of Ithaca.
BE IT FURTHER RESOLVED , That the City Attorney make a formal request
regarding the availability of PASNY power and if he is not able to undertake
this as the legal representative of the City, that he should investigate
the possibility of hiring legal assistance to obtain this information.
Alternate Resolution
Alderman Meyer then offered a substitute resolution :
BE IT RESOLVED, That the City of Ithaca will not undertake a feasibility
study of the question of a municipal power system at this time , and
BE IT FURTHER RESOLVED, That the City Attorney, acting as the legal
representative of the City, shall attempt to secure a preliminary commitm
of power from the Power Authority of the State of New York and that he be •
...
authorized to employ such legal assistance as may be necessary for this
purpose , subject to the approval of the Budget and Administration Committee .
City Attorney Shapiro informed the Council that he has already written to
PASNY and is awaiting their reply.
Discussion followed on the floor. The following persons spoke to the
Council in favor of exploring the availability of PASNY power to the City:
Peter Costanza, 26 Danby Road
Richard Schramm, 117 Stewart Avenue , City (Chm. , Municipal Power
Task Force)
William Burbank , 110 N. Tioga Street , City
Ben Nichols , 109 Lienroc Court , City (member , Municipal Power Task Force)
Richard Hirlemann, 229 Valley Road (offered petition of over 60 sig-
natures of businessmen in area)
Richard Berg , 601 E. State Street , City
Harry DeLibero , 312 Hancock Street , City (member , Municipal Power Task
Force)
Jonathall Cottrell , 430 N. Titus Avenue , City (offered petition of over
70 signatures of businessmen in city
endorsing further study)
The following persons spoke in opposition to further study of the feasibii :y
of municipal roer :
Neil Wallace , 19 Sheraton Drive
Ed Halloran , 510 Turner Place , City (representative of the Building
• Trades Council)
David Cornelius , 1109 Farm Sh'eet , City (Chin, . all Creek Civic Assoc . )
Vincent io da no 57 Woodcre t AV(:nue , City (Pres . -elect , Chamber Of
Comme-rce ond. . Viii. of The Chamber' s
a'ne):_'y Tc Slc 'Force Committee)
J
Paul Komar , 14 Bean. ilial Lane , Cir.;. (Mg NPi C4(.;)
B(1;"'`: , T C x•.i:� Lane
Daniel c _ . N . Tioga Street , City
Onemer , FallCr ,ek Civic Assoc_
wi ) .Te vassod
his neighborhood)
•
-9- July 6 , 19 X71
Mayor Conley made the following comments :
Because of the question o : PASNY power , and the question of condemnation
proccedins where there is not a clear - cut precedent set in New York State
of what happens when an unwilling seller goes through condemnation and
the outcome is uncertain , the cost of severance and the start-up cost of
starting a new service such as municipal power" , Mayor Conley said that he
is taking the position. and recommending to Council that they do not proceed
with the study. However, the City should investigate with its own legal
department the best possible way it can. as to the availability of power.
If that is positive , at that point we should re-evaluate this issue to see
.., if any additional steps should be taken. This is an obligation we have to
our citizens .
Alderman Meyer introduced the substitute resolution as follows :
By Alderman Meyer: Seconded by Alderman Nichols
BE IT RESOLVED, That the City of Ithaca will not undertake a feasibility
study of the question of a municipal power system at this time , and
In BE IT FURTHER RESOLVED, That the City Attorney, acting as the legal
LU representative of the City shall attempt to secure a preliminary commitment
Q of power from the Power Authority of the State of New York and that he be
Q authorized to employ such legal assistance as may be necessary for this
Q purpose , subject to the approval of the Common Council .
Q Alderman Slattery offered the following amendment to the resolution:
Seconded by Alderman Gutenberger
•
At the end of the Committee ' s amended resolution. : add "AND, BE IT FURTHER
RESOLVED, That if a determination can be made that PASNY power is available
to the City of Ithaca , the question of municipalization of the NYSEG Corp .
shall be placed on the next immediate Board of Referendum for final
determination by the voters . "
Discussion followed on the floor.
'• City Attorney Shapiro suggested that even if PASNY power is available ,
there are a number of questions or issues faced by the City before it can
be put to a public. referendum. He also pointed out that the State Controller
and Attorney General ' s office have consistently said that advisory
referendums are unwarranted, unauthorized and improper expenditure of public
funds . Atty. Shapiro said he didn' t think a referendum could take place ,
but there are other ways of sampling public opinion.
Aldermen Slattery and Gutenberger withdrew their amendment.
The question of the adoption of the substitute resolution was duly put to
a vote on roll call , which resulted as follows :
Alderman Boronkay Voting Aye
Alderman Boothroyd Voting Aye
Alderman Nichols Voting Aye
Alderman Saccucci Voting Aye
Alderman Gutenberger Voting Aye
Alderman Holman Voting Aye
Alderman Meyer Voting Aye
Alderman Slattery Voting Aye
Alderman Bordoni Voting Aye
Alderman Dennis Voting Aye
Carried Unanimously
�... The Common Council recessed at 10 : 10 p.m.
The Common Council reconvened into regular session at 10 : 25 p.m.
Mayor Conley expressed thanks to the Municipal Power Task Force for the
outstanding job which they had done for the City.
Mayor Conley made the announcement that new city bus schedules have been
printed and are available in the City Chamberlain' s office .
Mayor Conley informed the Council that three new city buses will be on
display on the Commons for public inspection the coming weekend . The buses
will be put into service next week.
342 -10- July 6 , 1977
vRoute 96
Alderman Meyer presented the original resolution of the Planning & Develop-
ment Committee :
WHEREAS, a four-lane solution to the traffic problems that exist in the
west end of the City, known as the 'Octopus ' does not appear to be in the
best interests of the City as a whole ;
BE IT RESOLVED, That the Department of Planning f Development be instructed
to work with the state and federal governments in exploring other
alternatives .
BE IT FURTHER RESOLVED, That the City of Ithaca Planning $ Development
Committee recommends that Common Council obtain the New York State Depart -
ment of Transportation' s impact statement dealing with the areas east and
west of Meadow Street , and recommend that Common Council proceed in the
joint venture with the state and federal governments toward a solution to
the Route 96 problem.
Alderman Slattery presented a substitute resolution:
WHEREAS , the Common Council , as provided for under New York State Highway
Law, will have an opportunity at a later date to approve , modify , or reject
all alternative roadways designs proposed by the New York State Department
of Transportation, and
WHEREAS , there are serious traffic and safety problems caused by the present
configuration of the Octopus intersection, the at-grade intersection of the
east-west streets with the railroad tracks , and the high volume of traffic
on Cliff Street , and
WHEREAS , it appears at the present time that there will be negative economic
and environmental consequences to the City if the currently proposed NYSDoT
alternatives for Route 96 are implemented, and
WHEREAS , NYSDoT has agreed to prepare a study of the impacts of the proposed
solutions both east cud west of Meadow Street , in order to lessen their -
possible negative environmental impacts ,
NOW, THEREFORE , BE IT RESOLVED, That the City, through its Departments of.—,
Planning and Development and Public Works , continue to work with the NYSDoT
toward finding a solution to the problems .
BE IT FURTHER RESOLVED, That NYSDoT be directed to explore fully a lower-
impact solution as one of the design alternatives .
Mayor Conley explained that at the Planning and Development Committee of
Council ' s meeting he indicated he would call Comm' r Hennessey to discuss
with him prior to the Council meeting Ghat the Committee ' s action would
mean. In a conference call (Mayor Conley , Planning Director Van Cort ,
City Atty Shapiro) to Cr mm' r Hennessey, the committee ' s resolution was read
Hennessey, i i would very
difficult
the
to Comm'V:`A ' x who iaiC. 7_ L. be �.1'y t1_i. f)'�1C111t for Federal
Highway Admin-Lstrat .on to authorize them to proceed to design hearings and
proceed to the next step if the Council were cutting it off at basically
that point. In talking to Comm' r Hennessey '.}'.e feeling w3.5 th:?t if Council
indicate they
iey fe t the four-lane solution was difficult for them ] t didn' t t
o 5solute_ly close the door, their would be able to proceed with the studies and
give the City of Ithaca all i:he information _. ". that the citybase its
t> t �1_e can )ati
decision on all of the information which includes the traffic studies east
andwest of Meadow i :t , as wen as the C J_t esT intersections that the
City C identified M V LA1 C : ' r 1'4. n _ :C �Uprevious. tols meE \ . b .
Mayor Conley said a numbs-. of Councilmen hod e pL esscd concern with the
\� )�iI. 4 !, _e5 recommendation , and the city .;-L-,.1 (P13nning Director , City
:2 e } ' r meeting LI r the
iI?4tziC ..T" and t'i.��, 1. ,1 r1 at �4 � 1. i1 I t, t. 4` �iut. t�4�1';?1 and put �C.Iir't. r.
(1
tA .1 t.i i.t-. t....
[.f' resolution which he c:.':; (.\.:.],C:. Al.d-„_ mf,... Iat �( r?f to j) C,'seiIi to the
P ,rry t ”_, L _ '1c.pm .nt 1. i r.ecte . . ;?i2 Co ,
1J11 1 ls City 1 C u -.e 1 y ac:.: t
_ i i �1 '` t , ��Ih%I Cot. He n11eoeey ' e
n,- „
.
,�s!1 4 -, � �. i j� -r 1 .. r ,:- .. i ;-' �. i. �� �` ., � ;. not consider i' fli. I {, - �r
� � ,.. _ . _.,_ � �.,, ✓ _ � ,i i
1-1,c U'' : COO ! P not go eh into the design phase . lie s:. t P ihoy would
- 11 - July la-/7 .
'343
a ; .343
be willing to investigate and fully work up the lower- impact solutions
during the design phase . With T et in mind the substitute resolution was
developed 1'111 '_ eh mentions specifically that the Common Council will have
another chai uo at the 00T ' s `ep. .,._ e _� opportunityto s .
1 1•: i ��h _ i�r �c�i�t.uni_t accept , ; cci
or modify any proposal.'_ broughtforth a., the cod of the d�,si _7.n+. .road..
Secondly ," it specifically < ent ons the environmental that 1=
,,1 1 1.. � �, � t;ll_ I>l�o , .. �,�_- are {,
; 7c.emany eep o Thirdly , t r' it,`rSDoTr � i�
such great c. ril to r._ _ p _ l J_;. . Kiri~ • �. directs ,;� � to .._.�s. l_:.."
lower- impact solutions , 'Mee , tthem t , _
it allows�tJ`` to go ahead with planning
for the project , where the Committee ' s resolution rejected what they had
done and would make it imps s i ble for them to go ahead and would close. the
C :door on receiving any state and federai funds that would come with co oi>: ;
tion with the DoT. Therefore , ILr . Van Cort recommended passage of the
substitute resolution_
City Engineer Cox explained that there is a planning phase and a design.
phase . The planaing phase , that of choosing the corridor , is completed
and the state has not yet begun the design stage which consists of:
alternative development and impact identification ; impact analysis ; pudic
c.
hearings ; evaluation and design recommendations ; development of detailed
plans and specifications ; and preparation of construction plans .
RAldcrman Sa -"cucci asked three questions : Would the City continue to have
LA)publio hearings int s one-a the impact studies are made? to which City Engineer.
0Cox answered , yes ; Does the City have the option of choosing the plan
'<they want? to which City Engineer Cox answered that they have the option.
Qof approving , rejecting: or. modifying; Does Common Council still have
the final word? to which City Engineer Cox answered, yes .
The following members of the public spoke in support of the original
resolution of the Planning $ Development Committee of Council which
opposed the construction of a four- lane highway as a solution to the
Rte. 96 problem:
Mark Carver , Trumansburg , N.Y.
Ellen Harrison, Brooktondale , N.Y.
Dan Hoffman , West Danby, N.Y. (representing Ecology Action)
Peter Costanza, 2613 Danby Rd. , Danby ,
Lucy Ophenheim, 111 W. Yates Street , Ithaca , N.Y.
Allen McNeil , 201 Highland Avenue , Ithaca , N. Y.
Lisa Penfield, 201 Highland Avenue , Ithaca, N.Y.
Don. Enichen , East Shore Drive
David Hoffman , 1601 Trumansburg Rd.
Mrs . Helen Romanol:sl: _ , 610 W. Buffalo Street , Ithaca , N.Y. (obtained
more than 4 , 000 signatures on petitions)
Richard Berg, 601 E. State Street , Ithaca, N.Y.
Steven Beeler , Townline Road
Hazel Love , 708 W. Court Street , Ithaca, N. Y.
Chris Kalaf, 306 N. Aurora Street , Ithaca, N,Y.
Steve Porter, 314 Farm Street , Ithaca, N.Y.
Mr. Larry Fabbroni , 234 Enfield Falls Road, advised that more study be
done on both the state ' s proposal and the alternative proposals .
Mr. Vincent Giordano , 57 Woodcrest Avenue , stated that the city may not
need four lanes , or even a two-lane highway, but it does need. more pave-
ment and another bridge .
Mayor Conley read two resolutions passed by the Board of Public Works
of the City:
Resolution
y Comm. Shaw: Seconded by Comm, Schickel
RESOLVED , That the Board recommends to the Common Council to pursue
aggressively better solutions to the traffic situation in the West End
of the City.
Carried Unanimously
For the record, Mayor Conley requested his name be added as voting
affirmatively.
Resolution
By Comm. W^Ihispell : Seconded by Comm. Baldini
RESOLVED , That it is the consensus of this Board. that Common Council
344 -12- July 6 , 1977
move ahead in a joint venture with the state and federal governments
toward a solution to the Route 96 problem according to the standards which
have to be met.
Carried Unanimously
Mayor Conley voted affirmatively with the Board.
Mayor Conley also read Resolution No. 159 Support of Proposed Realignment
of Route 96 , passed by the Tcmpkins County Board of Representatives :
Introduced by Mr. Clynes , seconded by Mr. Watros .
"WHEREAS, the Tompkins County Board of Representatives has previously indi-!
cated its support of the proposed realignment of Route 96 , and
WHEREAS, a routing for four lane construction from the City of. Ithaca to
the Tompkins County Hospital has met with acceptance from several interested
groups , and
WHEREAS , the proposed realignment of Route 96 is of the utmost importance
to the future of the new Tompkins County Hospital and to the delivery of
health care to our citizens , now therefore be it
RESOLVED, That the Tompkins County Board of Representatives recommends to
the Common Council of the City of Ithaca that no precipitous action be taken
that would either upset the funding cycle for said project or any other
action that would delay the start of this project , and
RESOLVED, further, That the Tompkins County Board of Representatives
reaffirms herein its support for the earliest possible implementation of.
this project. "
Mayor Conley asked Planning & Development Director Van Cort to read a
communication containing a resolution of the Planning & Development Board:
5 July 1977
"Mayor E.J. Conley and Members of Common Council
_; am writing to transmit to you the fol.loi irlg resolution on Route 96 , whin
was passed unanimously by the Board of Planning and Development at its 4-0
regular meeting on June 28 , 1977 :
BE IT RESOLVED, That the City of Ithaca Planning and Development
Board recommends t l:"t Common Council obtain the New York State
Dei. : 'tment of Ti ansp ortat7.oti' s impact s-Ltrrrerlt dealing i.:iLh the
areas east and -„E sr of Mea.d.o,. St . , and recommend that Common Council
proceed In the joint venture with the state and federal ov e-inme arts
toward a solution to the Route 96 problem,
In studying this issue , Board members attended all meetings with the :eta+e
'And_ federal high£4ra ' 1_c ia1_s as well il _> l .:her public sessions including
those of the Conso s Tos .; t_tF �' , read all documents including
bi :: ' 1t forth y ;I )iips JP_iIki _ _. :i :t1VtS , and t t
: L • c
prior Iny _ tir,gs of
tis Board at IJ!. ich 96 -:as an agenda item..
ti ;11I:I;.J:'2• of Board. w_..t .1., i.i o 1-" d ... - cLi' sed the problems ITI:' issues
.._. i local
cal re_s i +_ �___ s ZI.Cs � i their Y- O r r :i g b _7_1
CU CS .
rje see the following„
y o; oils ,ib _t1 sho .t ] be sohed : in ?deq'.'.ate capacity
£:I'_1 the Octopus (:t)r i.).. _L K: b.o...r ,;.'.f..r1':: is£7iji,).t"'C' C , t:;1l,is"?.ty
on i Ifs Street ''-s ..uCi __, l.':` by mcni tum i t c !.: :t k::ipn t _'Cl pi );'th,
ona.L 's Jct.. o .. _ ,I, _. } .._._? _ I'i c , .i-)� 1 e by tile } -gi..'�- de
U
+
tilers c LO , G._ the t I"1i_rDual ;.Ca ee_. 'h ._ ' l: , i ,,ote .
JJI
+ t i !:_, + _. .:fTl,r.:.. en .__ _trl :7rJ _ .. I .. .. 1r, ii I ��_�t.'I� i�. 1- �..ij't.'. 1= of 1
+i l i 7„ S n L(• f - l I ` + e T!l
t ,_- , ..".__ r .. � ., � _. 1 ._.. ._ i � t t. ... .. _. ,. Ill. C.;� , .�C
t 1i,7' £ _, tltrlS7: _ 'T" L+, wt (.1_)
f 'L _. 1... •ra i e r t ) ti s
pi , ( _. I , . _ . _ ' l i? traffic
. . ;
i' I ( 1 (' 1-0
' . .,. I
: ,. i t);,. . -_ i : „r. - ti 1": _,.,. i a _ �':. .-�l + •� .. _ _.t? I;`l„ �. lila �.
pol the
or -Lip) 1 _:I(a::.:y.
-13- July 6 , 1977 345
Our resolution in support with continuing to work with NYSDoT should be
understood as a strong stand in favor of solving the problems . No member
of the Board has attended any meetings at which there was any support for
the "do-nothing" alternative . It is clear that the financial resources of
the city are not adequate to build the highway and continue to provide the
level of services now expected by its citizens.
Therefore, our resolution urges Common Council to continue working with
NYSDoT and the FHWA to seek solutions to our problems which will have
minimal environmental , social and economic impacts .
I Yours truly ,
eGrace Benson, Chairperson
Board of Planning and Development"
Mayor Conley asked Alderman Holman to read the resolution passed by the
Environmental Commission:
Resolution
By Comm. Burbank: Seconded by Comm. Sterling
WHEREAS, The New York State Department of Transportation plan for a four-
ane highway is too drastic a solution for existing problems in Ithaca,
Lind
aHEREAS, the proposed state plan is detrimental to Ithaca' s environmental ,
conomic, and residential needs , and caters too much to the needs of the
urrounding area instead of those of the city itself;
a
THEREFORE, BE IT RESOLVED, That Common Council is advised to reject the
State Proposal , and instead take the following actions immediately:
(1) move to establish emergency medical facilities downtown
(2) investigate preemptive signals for emergency vehicles crossing the
railroad tracks
(3) consider the possibility of a bike route up West Hill and bike racks
on buses
4) investigate the possibility of scheduling trains to avoid rush hours
5) negotiate with the county to establish a bus route to the hospital
area.
In considering longer term solutions , the Council is advised it should
focus on Ithaca' s particular problems and not accept solutions which do
not take our local needs into account.
For example :
(1) locate a second bridge to West Hill in an area which enhances the
city' s own needs for development
(2) a railroad overpass if still necessary
(3) removal of truck traffic from Cass Park.
Carried Unanimously
Mayor Conley requested re-reading of the original and substitute resolutions.
Alderman Meyer presented the original resolution of the Planning & Develop-
ment Committee : Seconded by Aldeiman Nichols
WHEREAS, a four-lane solution to the traffic problems that exist in the
west end of the City, known as the 'Octopus ' does not appear to be in the
best interests of the City as a whole ;
i
RE IT RESOLVED , That the Department of Planning & Development be instructed
0 work with the state and federal governments in exploring other alterna-
ives .
E IT FURTHER RESOLVED , That the City of Ithaca Planning & Development
'Committee recommends that Common Council obtain the New York State Depart-
ment of Transportation' s impact statement dealing with the areas east and
west of Meadow Street , and recommend that Common Council proceed in the
joint venture with the state and federal governments toward a solution to
the Route 96 problem.
Alderman Slattery presented the substitute resolution: Seconded by
Alderman Boothroyd
WHEREAS, the Common Council , as provided for under New York State Highway
Law, will have an opportunity at a later date to approve , modify, or reject
all alternative roadways designs proposed by the New York State Department
of Transportation, and
-14- July 6 , 1977
346
WHEREAS, there are serious traffic and safety problems caused by the
present configuration of the Octopus intersection, the at-grade inter=
section of the east-west streets with the railroad tracks , and the high
volume of traffic on Cliff Street , and
WHEREAS, it appears at the present time that there will be negative .economic
and environmental consequences to the City if the currently proposed NYSDoT
alternatives for Route 96 are implemented; and
WHEREAS, NYSDoT has agreed to prepare a study of the impacts of the proposed
solutions both east and west of Meadow Street , in order to lessen their
possible negative environmental impacts ,
NOW, THEREFORE, BE IT RESOLVED, That the City, through its Departments of
Planning and Development and Public Works , continue to work with the NYSDo1r
toward finding a solution to the problems ,
BE IT FURTHER RESOLVED, That NYSDoT be directed to explore fully a lower=
impact solution as one of the design alternatives :
Alderman Meyer offered the following amendment to the substitute resolution:
Seconded by Alderman Nichols
Paragraph 5 , line 2 , following Public Works : add, "and a representative
of Common Council. "
A vote on the amendment resulted as follows :
•
Ayes (9) - Boronkay, Boothroyd, Nichols , Saccucci , Holman, Meyer, Slattery
Bordoni , Dennis •
Nay (1) - Gutenberger
Carried
Alderman Gutenberger offered the following amendment to the substitute
resolution: Seconded by Alderman Boothroyd
Last paragraph, line 2, following "explore fully" : add "various" ' add
"s" to solution; delete "as one of the" and substitute "among: "
Discussion followed on the floor:
A vote on the amendment resulted as follows :
Carried Unanimously
Alderman Boronkay suggested adding "economic" after "negative" in line 3
of paragraph 4 , which was acceptable to the Council :
Further discussion of the resolution followed.
Alderman Nichols offered the following amendment to the substitute
resolution: Seconded by Alderman Meyer
Paragraph 3, line 1 , before "negative" : add, "unacceptable: "
Discussion followed on the floor:
A vote on the amendment resulted as follows :
Ayes (3) - Nichols , Meyer , Holman
Nays (7) Boronkay, Boothroyd, Saccucci , Slattery, Bordoni , Dennis ,
Gutenberger
Motion Defeated
Alderman Slattery again read the amended substitute resolution:
By Alderman Slattery: Seconded by Alderman Boothroyd
WHEREAS, the Common Council , as provided for under New York State Highway"'
Law, will have an opportunity at a later date to approve , modify, or reject
all alternative roadways designs proposed by the New York State Department
of Transportation, and
WHEREAS, there are serious traffic and safety problems caused by the present
configuration of the Octopus intersection, the at-grade intersection of the
east-west streets with the railroad tracks , and the high volume of traffic
on Cliff Street , and.
... ..w-._„ .,. - f -S'
-15- July 6 , 1977347
WHEREAS , it appears at the present time that there will be negative economic
and environmental consequences to the City if the currently proposed NYSDoT
alternatives for Route 96 are implemented, and
WHEREAS, NYSDoT has agreed to prepare a study of the impacts of the proposed
solutions both east and west of Meadow Street , in order to lessen their
possible negative economic environmental impacts ;
NOW, THEREFORE, BE IT RESOLVED, That the City, through its Departments of
i Planning and Development and Public Works , and a representative of the
Common Council , continue to work with the NYSDoT toward finding a solution
to the problems ,
BE IT FURTHER RESOLVED, That NYSDoT be directed to explore fully various
lower impact solutions among design alternatives .
The question of the adoption of the foregoing resolution was duly put to a
vote on roll call , which resulted as follows :
Alderman Saccucci. Voting Aye
LO Alderman Slattery Voting Aye
Alderman Holman Voting Nay
0 Alderman Boronkay Voting Aye
Q Alderman Dennis Voting Aye
Q Alderman Gutenberger Voting Aye
Alderman Nichols Voting Nay
Alderman Meyer Voting Aye
Alderman Boothroyd Voting Aye
Alderman Bordoni Voting Aye
(8) Ayes (2) Nays Carried
Original Resolution of Planning & Development Committee
By Alderman Dennis : Seconded by Alderman Boothroyd
RESOLVED, the original resolution of the Planning and Development Committee
of Council , in regard to Route 96 , be tabled until a later date .
`—' Carried Unanimously
Municipal Overburden''
By Alderman Meyer: Seconded by Alderman Dennis
WHEREAS, the state legislature has seen the necessity of providing addi-
tional assistance to cities and counties with excessive amounts of tax-
exempt property to relieve them of tax overburden, and
WHEREAS, the cities that have been assisted to date are large cities with
as little as 23% of their taxable property exempted, and
WHEREAS, the average tax exemption for cities in the state is 36% , and
WHEREAS, the City of Ithaca has the highest percentage of tax-exempt
property for any city in the state , 61. 4% in 1976 , and
WHEREAS, the tax burden to Ithacans is greater than that imposed on resi-
dents
of other cities of comparable size , with approximately $2 , 500 , 000
foregone in tax revenues ,
THEREFORE, BE IT RESOLVED, That Common Council pursue legislative action
to relieve the city of its disproportionate tax overburden, through
financial assistance to cities with over 50% tax-exempted properties . Such
aid formulas should reflect the degree of overburden to narrow the discrepancy
:.., between cities with and without high percentages of non-taxable properties ,
Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 12 : 42 p.m.
;;;
t ose��Ti A. Run le , City Cl er cf � "
Euward . Co iiey, ayor
COMMON COUNCIL PROCEEDINGS 9
City of Ithaca, New York
Special Meeting 7 : 30 P.M. July 13, 1977
PRESENT:
Mayor - Conley
Aldermen (7) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Holman
Saccucci
ABSENT:
Aldermen (3) - Meyer, Nichols , Slattery
OTHERS PRESENT:
Controller - Daley
City Attorney - Shapiro
Building Commissioner - Hoard
Dir. , Planning & Development - Van Cort
Asst. Chief, Fire Dept. - Nyberg
City Clerk - Rundle
The meeting was called to order at 8 : 10 p.m. by Mayor Conley.
LO
in Discussion was held on whether to take action on the agenda, or to adjourn
0 the meeting to a later date.
Q City Attorney Shapiro reviewed the background of the events leading to
Q tonight' s meeting.
a
Resolution
By Alderman Holman: Seconded by Alderman Boronkay
RESOLVED, That the meeting be adjourned to July 21 , the date originally
scheduled for Council to meet to discuss the matters on the agenda.
Discussion followed on the floor.
Alderman Boronkay removed his second of the motion.
L,., Resolution
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the Council will reconvene at 8 : 00 p.m. Thursday, July 14,
1977 to act on the agenda.
Discussion followed on the floor.
Aldermen Gutenberger and Dennis withdrew their resolution.
Discussion followed on the floor.
City Controller Daley reviewed the Urban Renewal Project NYR-112 financing.
SPECIAL ORDER OF BUSINESS:
Center City Development ✓
By Alderman Dennis : Seconded by Alderman Bordoni
WHEREAS, the partnership or association comprised of Robert O' Brien,
David Taube , and James Gardner has negotiated the purchase of certain
land in the so-called Center Ithaca Project area currently owned by CDC-
Ithaca, Inc. , for the purchase price of $300 ,000. 00 plus tax adjustments
and closing costs , and
WHEREAS, the said O' Brien, Taube and Gardner have offered to permit the
City of Ithaca and/or Ithaca Urban Renewal Agency to purchase the said
` ! property in their stead, and
WHEREAS, the City of Ithaca is desirous of stabilizing said property and
having the Ithaca Urban Renewal Agency purchase said property and
receiving releases from and giving releases to various entities including
but not limited to CDC-Ithaca , �s:c. , Rothschild Bros , Ithaca Properties ,
Inc. , Caldwell Development Corporation such that the City will be able
to proceed with the project in concert with TURA and UDC1 and
WHEREAS, the City recognizes that certain expenditures were made by said
association in obtaining their purchase rights ,
-2- July 13, 1977
350
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. That there is hereby authorized the sum• of $325 ,000. 00 to
fund said purchase, and
2 . That the Mayor be and hereby is authorized to execute any
and all documents on behalf of the City of Ithaca to give
and receive said releases subject to the approval of the
City Attorney, and
3. That such funds as may be necessary be advanced to the IURA
to effectuate the said purchase of said land and rights of
said association, subject to the approval of the City Attorney
at a price not to exceed $300 ,000. 00 plus tax adjustments and
closing costs , and
4. That the said IURA shall repay the City immediately upon
receipt of its capital grant funds , and
5. That question of the costs of the said association in obtaining
their said purchase rights be deferred to a later date for
further consideration.
Discussion followed on the floor.
Alderman Saccucci requested that the deadline date of July 21 , 1977 for
potential development be extended 60 to 90 days in order to give more
time for other developers to compete for the Center Ithaca Project.
Alderman Saccucci said this would be more profitable to the city taxpayer
both in property and sales tax revenue.
Resolution
By Alderman Holman: Seconded by Alderman Boronkay
RESOLVED, That the vote be tabled until tomorrow at some mutually
agreeable time so that those who were here earlier in good faith could
be present for the vote.
A vote on the resolution resulted as follows :
Ayes (3) - Holman, Boronkay, Saccucci
Nays (4) - Bordoni , Boothroyd, Dennis , Gutenberger
Motion Defeated
A vote on the main resolution resulted as follows :
Ayes (6) - Boothroyd, Bordoni, Dennis , Gutenberger, Boronkay,
Saccucci
Abstention (1) - Holman
Carried
,, Urban Renewal Closeout
By Alderman Dennis : Seconded by Alderman Boothroyd
WHEREAS, the Ithaca Urban Renewal Agency entered into a Loan and Grant
Contract No, NYR-112 (LG) with the United States Department of Housing
and Urban Development and a cooperation agreement with the City of
Ithaca, New York, for the urdertaking of an urban renewal project
identified as Project No. NYR-112 pursuant to Title I of the Housing
Act of 1949, as amended; and
WHEREAS, the Ithaca Urban Renewal Agency and the City of Ithaca desire
to effect a financial settlement of the Project with the United States
Department of Housing and Urban Development , and
WHEREAS, it is necessary for the City of Ithaca to execute a close-out
agreement with the Ithaca Urban Renewal Agency;
NOW, THEREFORE , BE IT RESOLVED, That the Mayor and the City Clerk are
hereby authorized and directed to execute a Close-out Agreement with
the Ithaca Urban Renewal Agency for the completion of the Center-Ithaca
Urban Renewal project No. NYR-112 .
A vote on the resoution resulted as follows :
Ayes (6) - Boothroyd, Bordoni , Dennis , Gutenberger, Boronkay, Saccucci
Abstention (1) - Holman
Carried
-3- July 13, 1977
351
Designation of Attorney for Ithaca Urban Renewal Agency
By Alderman Dennis : Seconded by Alderman Bordoni
RESOLVED, That Martin A. Shapiro be designated attorney to represent the
Ithaca Urban Renewal Agency and that this designation and discussion of
compensation be referred to the Budget $ Administration Committee .
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9 : 18 p.m.
LO
L
O
Q
Q
3 '
11
, .se •h A. Rund e , City Clerk Edward J. nley, Ma or
•
353
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7 : 30 P.M. August 3 , 1977
PRESENT :
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni , Boronkay , Dennis , Gutenberger , Holman,
Meyer , Nichols , Saccucci , Slattery
I j OTHERS PRESENT :
1 Controller - Daley
Deputy Building Commissioner - Jones
•
�... Building Commissioner - Hoard
Asst . Fire Chief Reeves •
City Attorney - Shapiro
Director, Planning Development - Van Cort
Supt. of Public Works - Dingman
Consultant - MacDougall
City Clerk - Rundle
LO
in PLEDGE OF ALLEGIANCE :
0 Mayor Conley led all present in the Pledge of Allegiance to the American
Q flag.
*Cr MINUTES :
C[ By Alderman Boothroyd: Seconded by Alderman Nichols
RESOLVED, That the Minutes of the July 6 , 1977 and July 13 , 1977 meetings
be approved as recorded by the City Clerk.
Carried Unanimously
SPECIAL ORDER OF BUSINESS :
Public Hearing - Environmental Quality Review Act Y
Resolution to Open Public Hearing
By Alderman Nichols : Seconded- by Alderman Bordoni
RESOLVED, That the public hearing on the Environmental Quality Review Act
__ be opened.
Carried Unanimously
City Clerk Rundle read a letter addressed to the Members of the Common
Council from the Community Development Director of the Tompkins County
Chamber of Commerce :
"August 3, 1977
To Members of the Common Council :
•
As Community Development Director of the Tompkins County Chamber of
Commerce it has been brought to my attention that you propose to take
action today , August 3, to implement the provisions of the New York State
Environmental Quality Review Act.
It is the Chamber' s understanding that the State of New York has delayed
action on this plan for !?t least a year. We at the Chamber are requesting
that you, the Common Col=11 , also delay action for that period of time
so that the City Planni . Department may continue to review the pros and
cons of the proposed o: ince , and to allow industry and other businesses ,
as well as the Chamber , equate time to fully analyze the impact of this
ordinance.
We ask your understanding that if, in fact , it is not necessary to pass
this ordinance at this time , that you request continued review of the
proposal.
Sincerely,
Wayne D. Leboeuf
Community Development Director
Tompkins County Chamber of Commerce
cc : Mayor Edward J. Conley"
-.2- August 3, 1977
354
Mayor Conley explained that Mr. LeBoeuf is confused on the issue. The
situation is that there has been a delay of one year for the private
sector, but the public sector is to be implemented on or about September
1 , 1977. The information has been relayed, and the Chamber of Commerce
did have a chance to respond. Mayor Conley said a letter of explanation
will be sent to Mr. Leboeuf as a result of tonight' s action.
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderman Boothroyd: Seconded by Alderman Bordoni -
RESOLVED, That the public hearing on the Environmental Quality Review I
Act be closed. .
Carried Unanimously
✓Resolution- -Ordinance No. 77-7 •
By Alderman Nichols : Seconded by Alderman Boothroyd
RESOLVED, That an Ordinance of the City of Ithaca pursuant to Article 8
of the New York Environmental Conservation Law providing for environmental
quality review of actions which may have a significant effect on the en-
vironment , as introduced in written form, with the addition of one defini-
tion (Industrial Facility) , be adopted. (Copy of Ordinance attached to
Official Minute Book)
Carried Unanimously
v Public Hearing - Proposed Sign Ordinance Revisions for B-5 Districts
Resolution to Open Public Hearing
By Alderman Boronkay: Seconded by Alderman Nichols
RESOLVED, That the public hearing on the proposed Sign Ordinance Revisions
for B-S Districts be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderman Saccucci : Seconded by Alderman Slattery I
RESOLVED, That the public hearing on the proposed Sign Ordinance Revisiol
for B-5 Districts be closed.
Carried Unanimously
Resolution - Ordinance No. 77-8
V By Alderman Nichols : Seconded by Alderman Bordoni
RESOLVED, That an Ordinance amending Chapter 34 Entitled "Signs" of the
City of Ithaca Municipal Code be adopted as presented in written form
(copy of ordinance attached to Official Minute Book) .
• Carried Unanimously
✓ Public Hearing - Proposed Zoning Map Change on East Buffalo Street
Resolution to Open Public Hearing
By Alderman Slattery: Seconded by Alderman Boronkay
RESOLVED, That the public hearing on the proposed Zoning Map Change on
East Buffalo Street be opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderman Bordoni : Seconded by Alderman Slattery
RESOLVED, That the public hearing on the proposed Zoning Map Change on
East Buffalo Street be closed.
Carried Unanimously
`Resolution
By Alderman Nichols : Seconded by Alderman Bordoni •
WHEREAS , on May 25 , 1977 , a property owner requested a zoning change that
would alter the residential zoning map that was adopted at that meeting
of the Common Council , and
WHEREAS, it is the opinion of the Charter and Ordinance Committee and
the staff of the Department of Planning and Development that the requested
change would constitute "spot zoning" and therefore violate the principles
of the existing zoning ordinance , and
f -
- 3- August 3, 19355
_REAS, the property owner could develop the rear portion of his property
obtaining a variance from the Board of Zoning Appeals , the usual and
gal procedure in matters of this type ,
1W, THEREFORE, BE IT RESOLVED, That the alteration of the zoning map is
ut necessary or desirable.
Discussion followed on the floor.
I Alderman Meyer objected to the resolution because she did not think the
1 property owner affected had been given fair consideration.
•
�.. Alderman Nichols commented that the Planning & Development Board had acted
on the matter the previous Tuesday evening and had unanimously turned it
down.
Alderman Boothroyd said he feels it is a hardship on the property owner,
A vote on the resolution resulted as follows :
LO
LU Ayes (7) - Bordoni , Nichols , Dennis , Holman, Boronkay, Slattery,
0 Saccucci
Q Nays (2) - Meyer, Gutenberger
Q Abstention (1) - Boothroyd (abstained due to conflict of interest)
Carried
Presentation by O' Brien, Taube & Gardner
Mr. David Taube reviewed the proposed plan for the Center Ithaca Project .
He explained that housing seems to be out of the question financially,
and due to lack of parking. As proposed the plan would consist of two
stories , covering 81 , 000 sq. ft. of retail and office space . It is hoped
that construction would begin by June 1 , 1978.
Discussion followed on the floor.
Mayor Conley announced that the Urban Renewal Agency would meet the
following day at 4 : 00 p.m. and the Council were invited. Copies of the
proposed plan will be made available.
ADDITIONS OR DELETIONS TO THE AGENDA:
Budget & Administration Committee
Alderman Gutenberger requested that Item F of the Budget P Administration
Committee be removed from the agenda.
• I
No Council member objected.
Planning $ Development Committee
Alderman Meyer requested that one item be added to the Planning t Develop-
ment Committee agenda- -Resolution of Intent regarding S. Hill.
No Council member objected.
Human Services Committee
Alderman Boothroyd requested that one item concerning a procedural matter
be added to the Human Services Committee agenda.
No Council member objected.
City Attorney
I City Attorney Shapiro requested permission to add one item to the agenda- -
agreement with the City of Ithaca Community Development Commission and
R. Leathers regarding playground equipment .
No Council member objected.
Public Hearing - Center Ithaca Project
By Alderman Boothroyd: Seconded by Alderman Gutenberger
RESOLVED, That a public hearing be held at 7 : 30 p .m. on August 17 , 1977
in the Common Council. Chambers in regard to the proposed Center Ithaca
Project. City Clerk Rundle is directed to advertise for the hearing
in the usual manner.
Carried Unanimously
-4- August 3 , 1977
356
COMMUNICATIONS:
City Clerk Rundle read the following communication:
"We of the Evening Staff - G. I .A. C. would like you to:
Please come and see - "A Place to Be Me"
A Festival of Music - G. I .A.C.
A gala occasion - that is sure to delight
With a disco and munchies - and it ' s all Sunday Nite,
August the 7th - we ' ll begin the show at 5
To show the Community that GIAC is alive.
So please come and join us - with invitation it' s free
The place it all happens G. I .A.C.
Hope to see you all there.
G. I .A.C.
318 N. Albany Street
Ithaca, New York 14850
Phone : 272- 3622. "
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Route 96 Alternatives
Mr. Andrew Yale , 211 Fallview Terrace , on behalf of Ecology Action,
addressed the Council as follows :
"On July 6 , Common Council passed a resolution saying that the City would
work with the New York State Department of Transportation to explore
alternatives to Route 96 . On July 13, the Mayor and Planning and Develop-
ment staff agreed to make preliminary contact with railroad officials
concerning means of lessening railroad obstruction; to consult with Dr.
Meyburg; and to further investigate the relationship between traffic
count standards and federal and state funding. Although the state has
not yet responded to the Council resolution, the Ecology Action feels
there are many steps the city can take to explore alternatives without
state involvement . As an outgrowth of the July 13 meeting, the Ecology ,
Action, who he is speaking on behalf of, presented a prepared preliminar-
list of areas which could be investigated by the city. Council members
have received copies of the list . Ecology Action is hopeful and expectant
that the timetable for implementing these investigations will be worked
' out within the next week. They assume the public will be kept informed
as progress is made and trust the Common Council members will take an
active interest in the progress of the investigations ;'
Cayuga Chamber Orchestra, Inc.
Mr. Charles F. McClary, Chairman of the Cayuga Chamber Orchestra, Inc.
addressed the Council as follows : "I think you are aware of what an
important civic asset the existence of a symphony orchestra is to a
community and I would like to answer in the affirmative the question,
"does Ithaca have a symphony orchestra?" Throughout the country orchestras ,
both large and small , are a flourishing business . The St. Paul , Minnesota
Chamber Orchestra which was organized about three or four years ago now
has a budget of 1. 5 million dollars per year and while we are not quite
yet in this category, we have organized last year. We have a musician of
international reknown, Mr. Karel Husa, who is our conductor. We will be
giving a concert this coming Friday in Barnes Hall at Cornell University
and you are all cordially invited to a reception in the Andrew Dixon
White House on Cornell campus following this . We would like as many City
of Ithaca and people from City Hall to be present as possible . We have
recently opened administrative offices in the Strand Theater building ark
would be glad to see you if you would like to drop up and see what our
operation is like. We are at the head of the stairs in the Strand Theatt
Mr. McClary passed around invitations to the Council and audience .
Fall Creek Area flooded basements
Mr. Ernest Grosser, 102 W. Falls Street , spoke on behalf of the Fall Creek
Civic Assoc. , to report that he had asked the Board of Public Works at its
last meeting, and was asking the Common Council , to keep the flooded
basements project as unfinished business , and to ask once again that the
project be completed this year.
W at4a.,h A�u^S;arcF . •."+�"IS Tsw_;$?_,1 'S"�"F'S, .. .� .,.. •,.,.5_s'y, ....... .w"`•• 5.;.-9.+.+:i—a.r,sn•.exrow»se.,evr.e.,d.;s..,.::-aa.::..
- 5- August 3, 1977
357
Mayor Conley introduced Daniel Rhoads , 620 N. Tioga Street , a candidate
in the Fifth Ward for alderman in the fall election. Mr. Rhoads spoke
in support of Mr. Grosser , and suggested that the permits be applied for
as quickly as possible in order to complete the creek cleanout.
Collegetown Project
Mr. Terry Hoover, Chairman of the Collegetown Beautification Committee
and Vice President of the Collegetown Merchants Association , spoke to
the question of hiring an architect in order to further develop the
Collegetown area, or get the project further developed. He said his
-ommittee unanimously supports this measure as do the majority of the
erchants and the residents of the Collegetown area. He feels some sort
f definite , concrete project design should be brought before the commit-
*,....ee , along with staged development so that some decision could be made
as to whether a Collegetown Improvement project is feasible or how much
can be done. He urged the Council to appropriate money for this item.
Mayor Conley introduced V. Giordano who is a candidate this year in the
fall election for position of Mayor of the City.
fOMMUNICATIONS FROM THE MAYOR:
resentation of Alderman Badge
Mayor Conley presented an Alderman badge to Alderman Bordoni .
0
3 ommons Rules
ayor Conley presented a memo addressed to Chief of Police James Herson
rom himself, dated August 3, 1977 , in regard to enforcement of City
rdinances on the Commons :
"As you are aware , there have been recent complaints from merchants and
others with regard to the enforcement of the City' s ordinances on the
Commons . The entire question was recently reviewed by the Commons Advisory
Board which recommended that a new ordinance be passed to prohibit certain
acts on the Commons . Review of the current Municipal Code , however,
indicates that virtually all of these acts which are sought to be prohibited
Te already sufficiently provided for in the existing code. Of particular
oncern are the following acts on the Commons . I have set forth opposite
.,..ach act the Code references which set forth the entire language of the
applicable ordinances .
1. No bicycle riding - S65 . 11
2. No animals - 854. 9
3. No littering - S272 . 3- 272 . 5
4. No soliciting or vending - Chap. 17
5. No advertising flyers posted - 865 . 22
6. No alcoholic beverages consumption - S65 . 33
7. No loitering - S65. 28
8. No horseplay, rowdiness , ballplaying, abusive languate , excessive
noise or amplified sound - S65. 32
9. No climbing or wading in fountain
This list is by no means exhaustive , but it does include many actions
which have been particularly annoying.
As Mayor of the City of Ithaca and head of the Police Department , I
hereby direct you to fully advise the officers of the IPD as to full
provisions of the above referenced sections and to further direct and
assure the fullest enforcement of said ordinances , especially in the
^ommons area.
suggest that a card be printed, if necessary, setting forth a synopsis
�f these provisions that patrolmen can carry with them on patrol . "
Discussion followed on the floor.
Resolution
By Alderman Holman : Seconded by Alderman Boothroyd
RESOLVED, The Common Council endorse the memo prepared by Mayor Conley
and addressed to Police Chief Herson concerning rules on the Commons.
Carried Unanimously
1
58
-6- August 3, 1977
City Attorney Shapiro suggested that an ordinance be prepared concerning
item 9 - no climbing or wading in fountain.
•
MAYOR' S APPOINTMENTS:
Environmental Commission
Mayor Conley announced the appointment of Mr. John Capowski , 708 Stewart
Avenue , to the Environmental Commission, replacing Ms . Gayle German who
is unable to serve on the Commission, for a term expiring 12/31/80.
Resolution
By Alderman Boronkay: Seconded by Alderman Nichols
RESOLVED, That this Common Council hereby approves the appointment by
Mayor Conley of Mr. John Capowski to the Environmental Commission for
a term to expire 12/31/80 .
Carried Unanimously
CITY ATTORNEY' S REPORT:
Letter from PASNY
City Attorney Shapiro distributed copies of a reply received by him from
PASNY in regard to power availability, and reviewed the letter with the
Council . He said he will keep the Council informed as he receives more
information on the subject.
Agreement - Playground Equipment
City Attorney Shapiro reviewed an Agreement between the City of Ithaca,
the Community Development Commission and Robert S. Leathers regarding
design and construction of certain playground equipment and/or environ-
mental structures in conjunction with the Celebrations-Ithaca Activities .
Resolution
By Alderman Boothroyd: Seconded by Alderman Nichols
RESOLVED, The Council direct Mayor Conley to execute the Agreement for the
City with the Community Development Commission and Robert S. Leathers
regarding the design and construction of playground equipment and/or
environmental structures in conjunction with the Celebrations- Ithaca Activi
ties . Carried Unanimously
f
The Council recessed at 9 : 30 p.m.
The Council reconvened in regular session at 9 : 40 p .m.
CHARTER AND ORDINANCE COMMITTEE :
-- Local Law No . 3 , 1977- -A Local Law Amending the Cable Television Franchise
To American Television and Communications Corporation
By Alderman Nichols : Seconded by Alderman Bordoni
RESOLVED, The American Television and Communications Corporation is hereby
granted an amendment to its Cable Television Franchise in accordance with
the terms and conditions as contained in the Agreement , and the Mayor of
the City of Ithaca is hereby authorized to execute the Television Cable
Franchise Agreement on behalf of the City of Ithaca, and American Television
and Communications Corporation is hereby required to execute said Television
Franchise Agreement or this Franchise shall be null and void.
Carried Unanimously
Request from Ithaca Landmarks Preservation Commission for designation of
former Ithaca Calendar Clock Factory building as a City Landmark
Alderman Nichols informed the Council that the Committee has received a
letter from the Ithaca Landmarks Preservation Commission asking that Council
designate the former Ithaca Calendar Clock Building as a City Landmark.
Thd Council will `make the designation after requesting ruling from the
Board of Planning Development at its August meeting. The Charter
Ordinance Committee will bring its recommendation to Council at its
Special meeting on August 17 .
Request from Ithaca Landmarks Preservation Commission for designation
former South Hill School (Columbia Street Annex) as a Cij Landmark
Alderman Nichols informed the Council that the Committee has received a
letter from the Ithaca Landmarks Preservation Commission asking that
Council designate the former South Hill School as a City Landmark. The
members of the Committee felt they wanted to consult the neighbors and
constituents before acting on this request , but they will bring in their
- 7- August 3 , 19 759
recommendation at the August 17 Council meeting and if they can get a
ruling from the Planning and Development Board, they will act on the
request at the September Council meeting.
Enforcement of Commons Rules
Alderman Nichols reported that the Committee has done some work on this
item in response to a letter which was publicized in the press which only
arrived a day or so ago from the City Prosecutor with regard to the riding
of bicycles on the Commons . The Committee expects there will be considerable
improvement after the Mayor' s ruling is issued, and they will continue
working on the problem.
•
Establishment of metered zone on University Avenue
Alderman Nichols reported that after its last meeting the Committee re-
ceived a request from the Board of Public Works for establishment of a
metered zone in the 700 block of University Avenue , above Stewart A-�enue
and inside the Cornell University campus . The committee will study the
request for a change in the ordinance and make recommendation at the next
Council meeting.
LI) BUDGET AND ADMINISTRATION COMMITTEE :
0 Personnel- -Building Department
Q By Alderman Gutenberger: Seconded by Alderman Saccucci
Q WHEREAS , Barbara Ruane has successfully taken the test for administrative
secretary and is in the top three on the eligibility list , and
WHEREAS, Barbara Ruane has been working as a Senior Stenographer for the
Building Department for the past seven (7) months and is now at Step 6 ,
and has been doing an outstanding job , and
WHEREAS, the Common Council created the position of Administrative Secretary
in the Building Department at its July 6 , 1977 meeting, and
WHEREAS, the Building Commissioner wishes to appoint Barbara Ruane to a
permanent appointment , subject to probation, as Administrative Secretary
in the Building Department ;
BE IT RESOLVED, That Barbara Ruane be appointed to the position of Admini-
strative Secretary in the Building Department at an annual salary of
$9 , 757 for a probationary period as provided by Civil Service regulations .
Carried Unanimously.
Personnel--Youth Bureau
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the 1977 Personnel Roster for the Youth Bureau be amended
to eliminate the position of Senior Account Clerk and create a Principal
Account Clerk position, and
BE IT FURTHER RESOLVED, That Carol Wilson be appointed a provisional
Principal Account Clerk in the Youth Bureau at a salary of $7 , 983 per
annum effective August 8 , 1977 and that the Civil Service Commission be
requested to hold a promotional exam for said position.
Carried Unanimously
Personnel- -Compensation Plan Amendment
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the 1977 Compensation Plan be amended to change the salary
of the Civil Service Secretary from $5 ,017 to $7 ,428 for a 25 hour work
week to $9 ,437 to $13, 970 for a 35 hour work week.
Carried Unanimously
Personnel- -Civil Service Secretary
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That Robert V. Pezdek be and he is hereby appointed Civil
Service Secretary at an annual salary of $11 , 387 , effective immediately.
Carried Unanimously
Mayor Conley read the following communication from Robert V. Pezdek to
himself;
"Dear Mayor Conley:
This is to inform you that I wish to resign from the position of Deputy
-8- August 3, 1977
360
City Clerk, effective August 3 , 1977 , in order to accept a newly created
full-time position of Civil Service Secretary of the Civil Service
Commission. " •
Mayor Conley informed the Council he has accepted the resignation.
Amendment to City Attorney' s Contract
By Alderman Gutenberger: Seconded by Alderman Nichols
RESOLVED, That the contract between the City of Ithaca and Martin A.
Shapiro , Esquire be amended to provide additional compensation for all
Urban Renewal legal activities ; said compensation not to exceed $25 . 00
per hour plus necessary expenses .
Carried Unanimously
Transfer of Funds- -Cliff Street Sewer
RESOLVED, That $7 , 000 be transferred from G1990 Contingency Account to
Capital Account 92 Cliff Street Sewer Replacement.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
Junior Olympics Appalachian Regional Commission Grant
By Alderman Meyer : Seconded by Alderman Boothroyd
WHEREAS , the City of Ithaca has applied to the Appalachian Regional
Commission for a grant to study the effects of the 1975 Junior Olympics
on the economjr of the Ithaca area, and
WHEREAS, the Appalachian Regional Commission has approved this grant
application, and
WHEREAS, it would benefit the City to have a better understanding of
the effects of such a major event as the Junior Olympics on the local
economy;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council does hereby
authorize and direct the Mayor to execute the contract between the City
of Ithaca and the Appalachian Regional Commission for a study of the
Junior Olympics and it hereby ratifies his signature of such contract.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Ayes (8) - Bordoni , Boothroyd, Gutenberger, Dennis , Nichols , Meyer,
Saccucci , Slattery
Nays (2) - Boronkay, Holman
Carried
BUDGET AND ADMINISTRATION COMMITTEE :
Transfer of Funds- -1975 Junior Olympics Study
By Alderman Gutenberger: Seconded by Alderman Dennis
WHEREAS, the Appalachian Regional Commission has approved the City' s
application for a grant to study the effects on the local economy of the
1975 Junior Olympics , and
WHEREAS , the Common Council has passed a resolution directing the Mayor
to execute such a contract , and has passed a resolution ratifying the
authorization of such monies , and
WHEREAS, the contract sets aside $10 , 000 in Appalachian Regional Commission
funds to be matched with $3,400 local contribution, of which at least
$2 ,400 will be in-kind contributions ;
NOW, THEREFORE, BE IT RESOLVED, That there is hereby created a Capital
Project to be known as 1975 Junior Olympics Study, and
BE IT FURTHER RESOLVED, That $13 ,400 be transferred from A1990 Contingency
Account to said Capital Project.
A vote on the resolution resulted as follows :
Ayes (8) - Bordoni , Boothroyd, Dennis , Gutenberger , Nichols , Meyer,
Saccucci , Slattery
Nays (2) - Boronkay, Holman
Carried
-9- August 3, 19/61
Expungement of City Taxes
By Alerman Gutenberger: Seconded by Alderman Boothroyd
WHEREAS , the Urban Renewal Agency acquired the property known and
numbered as 116-130 East Green Street , and.
WHEREAS , said acquisition of property included a credit to the Agency
for unpaid taxes , assessments and penalties , and
WHEREAS , it is necessary to clear the City Tax Roll of said Taxes ,
assessments and penalties ;
i
NOW, THEREFORE, BE IT RESOLVED, That this Common Council hereby expunges
all City of Ithaca taxes , assessments: and penalties on ,the property at
116-130 East Green Street through 1977.
Carried Unanimously
Agreements with Tompkins County Hospital
By Alderman Gutenberger : Seconded by Alderman Boothroyd
WHEREAS , this Common Council has authorized the Board of Public Works to
proceed with development of the Family Medicine Center on State Street ;
LO
IS) THEREFORE , BE IT RESOLVED, That the Mayor and City Attorney, or their
0 designees , he authorized to negotiate such agreements with Tompkins
Q County Hospital as may be necessary for the funding, construction and
Q operation of the Family Medicine Center, and
Cr FURTHERMORE , BE IT RESOLVED, That any agreements be subsequently presented
to Common Council for approval .
Carried Unanimously
Civil Service Services for the Ithaca Housing Authority
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That the Mayor and City Controller are hereby authorized and
directed to negotiate with the Ithaca Housing Authority for reimburse-
ment of costs of services provided by the City of Ithaca Civil Service
Commission.
Carried Unanimously
Audit •
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the Budget and Admini-
stration Committee in the total amount of $59 ,103. 05 as listed on Audit
Abstract # 7/1977 be approved for payment.
Carried Unanimously
PLANNING AND DEVELOPMENT CO1'.TIITTEE : •
Collegetown Improvement Project- -Hiring Architect
By Alderman Meyer : Seconded by Alderman Gutenberger
WHEREAS, Common Council has previously allocated $20 , 000 for Phase I of
the Collegetown Improvement Project , much of which has been implemented, and
WHEREAS , Council has made additional funds available in the 1977 Capital
Budget for design of this project , and
WHEREAS, numerous meetings have been held with merchants and property
owners in Collegetown and representatives of Common Council and various
City Departments , and
WHEREAS, it is the wish of Common Council that progress continue to be
made on this Project , involving all appropriate parties ;
NOW, THEREFORE , BE IT RESOLVED, That the Department of Planning and
t Development be directed to hire an architect to continue working with
members of the Collegetown Committee , a designee of the Planning and
Development Committee and Cornell on the development of a program and
design for the Collegetown Improvement Project .
Discussion followed on the floor.
A vote on the resolution resulted as follows : 1
- Ayes (9) - Boothrayd, Boronkay, Dennis , Gutenberger, Holman, Meyer,
Nichols , Saccucci , Slattery
Nay (1) - Bordoni
Carried
1
-10- August 3, 1977
362
v' South HI11 Park
By Alderman Meyer: Seconded by Alderman Holman
BE IT RESOLVED, That the City of Ithaca lease the South Hill land ex,-
tending
x=tending from Hillview Place through to Columbia Street that is owned by
James E. Gardner, Jr. for a period of nine months , and •
BE IT FURTHER RESOLVED, That the Mayor be and is hereby authorized to
execute a lease agreement between the City and the owner for $1 to be
approved by the City Attorney, and
BE IT FURTHER RESOLVED, That the City of Ithaca will make every reasonably
effort to work toward purchase at fair market value of the land described
in the Lease Agreement between James E. Gardner, Jr. and the City of
Ithaca, extending from Hillview Place through to Columbia Street in the
City of Ithaca, and
BE IT FURTHER RESOLVED, That Council hereby expresses its intent to
execute such purchase within nine months contingent upon
1. agreement between the buyer and seller regarding fair market value •
based on the appraisals made of the land, and
2 . the timely securing of State subsidy for purchase of the land.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
HUMAN SERVICES COMMITTEE :.
Hold Harmless Agreement - Campfire Girls
By Alderman Boothroyd: Seconded by Alderman Boronkay
RESOLVED , That the City of Ithaca sign a Hold Harmless Agreement as a
protection to the Campfire Girls , whose property the Youth Bureau of the
City have an agreement to use.
Carried Unanimously
ENVIRONMENTAL COr'!MISSION: ...
,,-- environmental Quality Review Ordinance
Alderman Holman called attention to a resolution adopted at a Special
meeting of the Environmental Commission of Ithaca on July 25 , 1977 ,
urging the Common Council to adopt the Environmental Quality Review
Ordinance.
"RESOLVED,
We urge Common Council to adopt the Environmental Quality Review Ordinance.
The Environmental Commission proposes to study projects carried out in
the city this coming year, and the extent to which the threshhold levels
now set by the ordinance would require Environmental Impact Statements .
The Commission will report its findings , conclusions , and recommenda-
tions to Common Council in time for consideration by Council before the
local threshhold levels go into effect September 1 , 1978.
We further urge the following modifications :
1. In Section 36 . 4 C , 1 (iv) , change to read: Unique Natural Area
as defined by the City of Ithaca Environmental Commission and/or .
the Tompkins County Environmental Management Council and adopted
as. such by the Common Council .
2 . In Section 36. 4 C , 1 (p) , "industrial facility" should be defined z,4
(or defined in the list of definitions earlier) .
3. In Section 36. 4 , 3: change to include institutional , public , and
municipal property; and clarify the duration of a single de-icing
action (perhaps a full year) under the ordinance."
(By Comm. Orloff: Seconded by Comm. Sterling - Carried Unanimously)
BICENTENNIAL COMMISSION :
Alderman Nichols reported that the Bicentennial Commission is coopera-
ting on the brochure that it is hoped will get through Charter and
-11- August 3 , 1977
363
Ordinance Commission in August and be available to the new residents
in the City. The Bicentennial Commission is funding the brochure .
UNFINISHED AND MISCELLANEOUS BUSINESS:
Route 96
As a result of a meeting of Ecology Action, the Alternative Highway
Group and Mayor Conley, it was decided the local groups and staff should
get as much information as possible about the railroad, Barge Canal , and
DoT statements and keep the public informed. Mayor Conley felt that if
the citizens were better informed they would better understand the
} L Department of Transportation as there appeared to be considerable distrust
of the DoT.
NEW BUSINESS : •
Alderman Nichols suggested consideration be given to the senior members
of city staff and the Council being furnished calling cards containing
the city seal for use at meetings and wher on business for the city.
She feels the badges have little value .
ADJOURNMENT :
in On a motion the meeting adjourned at 10 : 40 p.m.
I
0
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tse h A. Rundle , City Clerk Edward . Con ey ayor
•
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•
COMMON COUNCIL PROCEEDINGS 365
City of Ithaca, New York
Special Meeting 7: 30 P.M. August 17, 1977
PRESENT:
Mayor - Conley
Aldermen (9) - Boothroyd, Bordoni , Dennis , Gutenberger, Holman, Meyer,
Nichols , Saccucci , Slattery
ABSENT:
Alderman (1) - Boronkay
I IOTHERS PRESENT :
City Controller - Daley
I Building Commissioner - Hoard
'"'Director, Planning & Development - Van Cort
City Clerk - Rundle •
PLEDGE OF ALLEGIANCE:
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
LlMINUTES :
By Alderman Slattery: Seconded by Alderman Boothroyd
D RESOLVED, That the Minutes of the August 3, 1977 meeting be approved
Q as recorded by the City Clerk.
Carried Unanimously
'<ADDITIONS TO THE AGENDA:
Mayor Conley - Appointment
Mayor Conley announced that Mr. Paul Mackesey, Board of Appeals on Building
Code , has moved from the City; therefore a replacement, living inside the
City, will need to be appointed.
No Council member objected.
Budget $ Administration
In regard to the bollards on the Commons , the Planning staff were asked
to find a solution to the problem of the tops of the bollards at either
end of the Commons . A presentation will be made tonight for the considera-
tion of the Council. An appropriation of funds will be asked for so that ,
with the approval of the appropriate committee (Commons Advisory Board)
and anyone else who wishes to look at it , a recommendation can be made
before the next meeting of the Board of Public Works so that the City can
enter into a contract.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing - Proposal To Develop a Center Ithaca Project (Commons)
Alderman Bordoni read the resolution to be presented to the Council.
Resolution to Open Public Hearing
By Alderman Bordoni : Seconded by Alderman Saccucci
RESOLVED, That the public hearing on the proposal to develop a Center
Ithaca Project be opened.
Carried Unanimously
Mr. Stuart Lewis , 120 E. State Street , a downtown retailer and property
owner, representing the Downtown Ithaca Businessmen' s Association,
addressed the Council in favor of the proposed project and urged their
approval of same.
Resolution to Close Public Hearing
By Alderman Boothroyd: Seconded by Alderman Bordoni
RESOLVED, That the public hearing on the proposal to develop a Center
Ithaca Project be closed.
Carried Unanimously
Resolution
By Alderman Dennis : Seconded by Alderman Bordoni
WHEREAS, the firm consisting of Robert O' Brien, David Taube , James Gardner. ,
and David Abbott has submitted a proposal for the development of a tw_Z-story
366 -2- August 17, 1977
commercial complex in the Center Ithaca Project, and
WHEREAS, the Ithaca Urban Renewal Agency, its staff, and the New York
State Urban Development Corporation have thoroughly reviewed the proposal
form design, financial , marketability, operational , and other aspects , and
WHEREAS, the Agency has determined that this proposal is attractive, workable,
and timely, and
WHEREAS, the Agency has resolved by a 3 to 1 vote (a) to request that the
New York State Urban Development Corporation grant redeveloper status to
the firm of O'Brien, Taube , Gardner and Abbott for redevelopment of the
remaining land owned by the Ithaca Urban Renewal Agency located in the
Center Ithaca Project , (b) to direct the redeveloper to report to the Agenc ,_,
on or about November 15 , 1977 on leasing progress , (c) to direct the New
York State Urban Development Corporation to terminate their redeveloper
status on March 1 , 1978 if the redeveloper has not received a commitment
for permanent financing acceptable to the Ithaca Urban Renewal Agency,
(d) to authorize the Mayor as Chairman of the Ithaca Urban Renewal Agency
to enter into any and all agreements , upon approval by the Agency' s attorney,
necessary for completion of this project ;
NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of
Ithaca does hereby confirm the above mentioned resolution of the Ithaca
Urban Renewal Agency, and
BE IT FURTHER RESOLVED, That the Common Council hereby request that the
New York State Urban Development Corporation grant redeveloper status to
the firm of O' Brien, Taube, Gardner and Abbott for redevelopment of the
remaining land owned by the Ithaca Urban Renewal Agency located in the
Center Ithaca Project, and
BE IT FURTHER RESOLVED, That the redeveloper report to the Ithaca Urban
Renewal Agency on or about November 15 , 1977 on leasing progress , and
BE IT FURTHER RESOLVED, That the Common Council direct the New York State
Urban Development Corporation that this granting of redeveloper status
terminate on March 1 , 1978 if the redeveloper has not received a commitmen-
for permanent financing acceptable to the Ithaca Urban Renewal Agency, and
BE IT FURTHER RESOLVED, That the Mayor hereby is authorized to enter into
any and all agreements , upon approval by the City Attorney, necessary for
completion of this project.
Discussion followed on the floor.
Alderman Saccucci commented that it was his understanding that the Urban
Renewal Agency was not unanimous and asked if a Minority report is available ;
or minutes of the meeting; he felt the Council should know the reason(s) for
the opposition. Director Van Cort said the minutes are not ready. Mayor
Conley said there is no Minority report , but he gave the reasons for the
member not supporting the resolution: the fact that there was lack of
sufficient information concerning the financing, it was felt there should be
a better handle on securing Industrial Development Financing; disnpointment
in the method of the process getting to this point without advertising and
getting more developers in to submit proposals ; disappointment that the
particular project did not include housing on the site ; the reason for
purchase of the property by the City--to give the City control of it.
Alderman Saccucci commented that he feels the developer should make a
$25 , 000 security deposit to make the agreement more binding, and assure
the City the project will be developed.
Mayor Conley explained that the requirement of a security deposit comes
when the City has given preferred developer status , when it is prepared
to sell the land and review the project in its entirety--leases , financial
commitment , etc. At that time , by law the City is required to go through
another public hearing to make sure that the project as developed meets
the same criteria as presented to it now. At that time the City will request
a down payment on the land and the developer will be designated a preferred
sponsor.
- 3- August 17 , 197367
What the City is presently doing is setting up a situation to see if the
developer can put together a package , get the financing and put the project
together.
Alderman Holman asked for clarification of the November 15 , 1977 date and
asked, if the developer did not have the project together by then, if
the Agency would be free to look for developers again , or if it would
have to wait until March 1 , 1978.
Planning and Development Director Van Cort explained that November 15 , 1977
' an informational date ; March 1 , 1978 a 'yes ' or 'no ' date.
f
Merman Meyer asked for clarification of the relationship of Common- Council
d the Urban Renewal Agency, and if the Council ' s vote on the proposal
would shift responsibility of the Agency to the Council .
Mayor Conley explained that the Urban Renewal Agency is required by the
State , but the Common Council must ratify the Agency' s action. Controller
Daley commented that the New York State Urban Development Corporation' s
requirements are not as stringent as they are with private entrepreneurs.
U)iermen Boothroyd, Dennis and Meyer spoke in favor of the proposal , but
Merman Meyer felt that the issue regarding housing is concerned with
<Dinging life styles- -there is a need to create an urban housing system
wund the Center Ithaca development , especially in view of the changing
9gatrgy pattern.
Iaror Conley commented that it would be appropriate for the Common Council
and the City to undertake studies that would give a chance to look at
increasing the stock in the community of middle class housing. There are
opportunities on and adjacent to the Commons and he feels studies should
be made to see if developers could be attracted to come in to put housing
there--projects designed for housing which would suit the needs of housing.
There are Community Development funds for this type of study. He said,
however, he doesn' t know if this particular project has to do all those
t ngs.
A4....,erman Saccucci asked Mr. David Abbott to comment on the project as a
whole. Mr. Abbott spoke on the history of Urban Renewal in Ithaca, his
part in it and previous experience in development of local sites , and his
personal interest in the City.
The question of the adoption of the foregoing resolution was duly put to
a vote on roll call , which resulted as follows :
Alderman Meyer Aye
Alderman Saccucci Aye
Alderman Gutenberger Aye
ALderman Bordoni Aye
Alderman Slattery Aye
Alderman Holman Nay
Alderman Boothroyd Aye
Alderman Dennis Aye
Alderman Nichols Aye
(8) Ayes
(1) Nay - Alderman Holman
(1) Absent - Alderman Boronkay
Carried
B( ardson the Commons
MSS Gary Wojcik, local artist and steel worker, presented a model of
sculpture, designed for placement on the bollards at the entrances to
the Commons . Mr. Wojcik explained that he designed the sculpture , taking
into consideration the boundaries of the bollards , safety, relationship
to the pedestrian, possibility of vandalism and maintenance.
Alderman Meyer commented that it was the consensus of the Commons Advisory
Board and Commons Design Advisory Team members that if the Common Council
allocated a sum of money for the project , the choice of design would be
left to them.
Discussion followed on the floor.
-4- August 17 , 1977
368
Resolution
By Alderman Boothroyd: Seconded by Alderman Slattery
RESOLVED, That , depending on approval of the Commons Advisory Board and
Commons Design Advisory Team, the matter be referred to the Budget and
Administration Committee with power to act on behalf of the Common Council,
with price recommendations .
Amending Motion
By Alderman Holman: Seconded by Alderman Gutenberger
RESOLVED, That , depending on approval of the Commons Advisory Board and
Commons Design Advisory Team, the matter be referred to the Budget and
Administration Committee with a price tag, for recommendation back to the I
Council at its regular September 7 meeting for action.
A vote on the amending motion resulted as follows :
Ayes (6) - Bordoni , Gutenberger, Holman, Meyer, Nichols , Saccucci
Nays (3) - Boothroyd, Dennis , Slattery
Carried
A vote on the main motion as amended resulted as follows :
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE :
✓Ordinance drafted by City Attorney to insert prohibition of climbing and
wading in Commons fountain in Code of Ordinances
By Alderman Nichols : Seconded by Alderman Holman
ORDINANCE NO. 77-9 - AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC
SAFETY" OF THE CITY OF ITHACA MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, .
New York, as follows :
SECTION 1. That Chapter 65 entitled "Public Safety" of the City of
Ithaca Municipal Code is amended as follows :
1 . That a new subdivision to be known and designated as Subdivision
"C" of Section 65 . 21 entitled "Prohibited activities in streets and
parks" to follow Subdivision "B" is hereby added to said Chapter to
read as. follows :
"C. Ithaca Commons Fountain
1 . No person shall climb upon, walk across , sit upon,
nor wade or swim in the Ithaca Commons Fountain
located in the 100 block of East State Street.
2 . The parent or guardian of any minor who knowingly
permits said minor to perform an act specified in
this subdivision shall also be held to have
violated this subdivision. "
SECTION 2 . This ordinance shall take effect immediately and in accordance
with the law upon publication of a notice as provided in Section 3. 11 (B)
of the Ithaca City Charter.
Carried Unanimously
Designation of former South Hill School (Columbia Street Annex) , 110
Columbia Street , as a historic landmark
' By Alderman Nichols : Seconded by Alderman Bordoni
WHEREAS , the City of Ithaca Landmarks Preservation Commission, in accordance
with Chapter 32 of the City of Ithaca Municipal Code , on July 11 , 1977 ,
designated the former South Hill School building at 110 Columbia Street
as a historic landmark, and
WHEREAS,. the secretary of the City of Ithaca Landmarks Preservation.
Commission has sent official notice of the historical landmark designation
of the former South Hill School building at 110 Columbia Street to the I�
Common Council and the City of Ithaca Board of Planning and Development
with a request that this designation be ratified and implemented,
NOW, THEREFORE , BE IT RESOLVED, That the former South Hill School Building
at 110 Columbia Street is hereby designated a historic landmark by action
of the Common Council.
Discussion followed on the floor.
.� :. ,ter. ,A, •
-5- August 17, 11769
Resolution To Table
By Alderman Gutenberger: Seconded by Alderman Nichols .
RESOLVED, the question of designation of the South Hill School building
be tabled until the September meeting of the Council.
Carried Unanimously
Designation of former Ithaca Calendar Clock Factory Building, 102 Adams
Street , as a historic landmark
By Alderman Nichols : Seconded by Alderman Dennis
WHEREAS, the City of Ithaca Landmarks Preservation Commission, in
I
-cordance with Chapter 32 of the City of Ithaca Municipal Code , on
ily 11 , 1977 , designated the former Ithaca Calendar Clock Factory,
)2 Adams Street as a historic landmark, and -
1IEREAS, the secretary of the City of Ithaca Landmarks Preservation.
Commission has sent official notice of the historical landmark designa-
tion of the former Ithaca Calendar Clock Factory at 102 Adams Street
to the Common Council and the City of Ithaca Board of Planning and
Development with a request that this designation be ratified and
implemented,
IW, THEREFORE , BE IT RESOLVED, That the former Ithaca Calendar Clock
(factory at 102 Adams Street is hereby designated a historic landmark
action of the Common Council .
i-solution To Table
Alderman Nichols : Seconded by Alderman Dennis
LSOLVED, the question of designation of the former Ithaca Calendar
Clock Factory at 102 Adams Street be tabled until the September meeting
of the Council .
Carried Unanimously
MAYOR' S APPOINTMENTS :
Board of Appeals on Building Code --.-
,Ma.yor Conley announced the appointment of Mr. Jonathan M. Cottrell ,
'0 North Titus Avenue , to the Board of Appeals on Building Code , for a
rm expiring December 31 , 197.7.
`. .
Resolution
By'Alderman Holman: Seconded by Alderman Nichols —`
RESOLVED, That this Common Council hereby approves the appointment by
Mayor Conley of Mr. Jonathan M. Cottrell , 430 N. Titus Avenue , to the
.Board of Appeals on Building Code , for a term expiring December 31 , 1977.
Carried Unanimously
Housing Re-inspection Program
Alderman Boothroyd requested the Mayor to ask the Building Department if
they would periodically bring the Council up-to-date on the progress of
the reinspection of the housing stock in the City of Ithaca- -how it is
going, etc.
Mayor Conley asked Building Commissioner Hoard to prepare a presentation
to the Council at the September 7 meeting of the activities in the Building
Department.
Contract - Medical Facility
Alderman Bordoni called attention to the Board of Public Work' s concern
about the City letting the contract for the medical facility out-to-bid
1- -fore a contract was signed with the county.
isror Conley reported that he asked the City Attorney to contact George
inri, Attorney for the County Hospital , but Atty. Pfann was on vacation.
ayor Conley said he believes when Mr. Pfann gets back, we can make sure
we are in basic agreement , but he is not sure a finished document can be
prepared before the job is put out-to-bid and keep on schedule . He said
every attempt will be made to identify any disagreements or concerned
points in the contract and discuss them. He reported that the Board of
Public Works recommended that the job not be put out-to-bid until the
contract is completed between the City and County. Mayor Conley said
he is not sure this is in the best interests of the City.
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370 August 17 , 1977
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 43 p.m.
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4)erPRundle , City Clerk Edward J. onley, Mayor
(
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371
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7: 30 P.M. September 7 , 1977
PRESENT: •
Mayor - Conley •
Aldermen (10) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Holman,
Meyer, Nichols , Saccucci , Slattery
•
OTHERS PRESENT:
+ City Controller - Daley Building Commissioner .- Hoard
City Attorney - Shapiro Planning $ Development Dir. - Van Cort.
fAsst. Fire Chief - Sharp Supt. of Public Works - Dingman
Consultant - MacDougall Chief of Police Herson
Youth Bureau Dir. - Cutia City Clerk - Rundle •
City Engineer - Cox
PLEDGE OF ALLEGIANCE :
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
11: APPROVAL OF MINUTES:
If) By Alderman Slattery: Seconded by Alderman Saccucci
0 RESOLVED, That the Minutes of the August 17, 1977 meeting be approved as
Q recorded by the City Clerk.
Carried Unanimously
Cr PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Pets
Miss Nell Mondy, 130 College Avenue , appeared before the Council in regard
to the number of dogs running loose in the community, and the cost of
providing food for pets. Miss Mondy presented the following which was
written for the Ithaca Journal a few years ago :
PETS - CAN WE AFFORD THEM?
"In recent weeks we have been hearing a lot about the "ENERGY CRISIS. "
`.i Many years ago we were warned of an energy crisis , but many refused to
listen. Instead of reducing consumption we did just the opposite. Now
we must face reality.
I should like to call attention to another crisis , "A FOOD CRISIS," which
we may face in the future if we do not take the appropriate measures now.
The following is a quote from the Nov. -Dec. , 1973 issue of Petfood Industry:
"Over the past five years , the combined dollar sales for dog and cat
foods have enjoyed an average annual increase of 12% , nearly twice
that of all grocery sales , Darrel V. Dyer, A. C. Nielsen Co. , reported
to the 16th annual convention of the Pet Food Institute in Chicago
recently.
"In 1969 , sales of pet food accounted for $13. 85 out of each $1 ,000
moving through retail food outlets. For the latest 12 months , ending
June 1 , 1973, the contribution stood at $16. 85 per $1 ,000 , a 20% jump
in those five years ," Dyer said. "In fact , pet foods now rank fourth
in sales importance among all packaged grocery product groups . "
Consumer dollar sales through food stores alone now reach $1. 6 billion,
of which $1. 1 billion is represented by dog food and nearly a half
billion by cat foods . "
With starving peoples in the United States , as well as around the world,
can we afford to feed these pets? I am fond of pets and have owned several
in the past. I know what it is like to lose a dearly beloved pet for it is
fun to own animals that love us. But now I should like to call upon your
reasoning ability rather than your emotions. Can we affordtofeed all
these pets that are draining rather than contributing to our economy?
Many years ago I had the good fortune to take a course in International
Nutrition under the leadership of the late Dr. L. A. Maynard and Dr. Herrell
DeGraff, President of the American Meat Institute , who at the time held
-2- September 7, 1977
372
appointments in the Graduate School of Nutrition at Cornell University.
In this course we tasted wafers made using Chlorella, one of the algae
which grows rapidly and is most frequently used in photosynthesis research.
We discussed the use of this material to help meet problems of feeding the
world of the future. The wafers were not pleasing in flavor and Ihoped
that it would not be necessary for me to. consume them in the future. Many
ways have been, and are now being, sought to provide the world with
adequate food. As one reviews the nutritional status of man versus animals ,
one observes that animals frequently receive a more nutritious diet than
man. Should man take better care of his animals than himself? Man has
sought ways to reduce the human population, but what is being done to
decrease our rapidly growing animal population? Is it not time that we I
give some very serious thought to these matters? It is easy to say,
"Let other people do it ," but wouldn't it be better if we each agreed to
do our part?"
Miss Mondy said she has received little or no help from the S.P.C.A. in
her area. At times when there were 6- 8 dogs running over her property
she called and was told that they did not operate on weekends , after
5 : 00 p.m. or until some later time in the morning. No attempt was made
to come soon after the call. Once she was told to hold the dog - an
impossibility - she was bitten once . If she received the bite nothing
could be done , but if a dog were injured they could come right away. She said
it seems that we care more about dogs than mankind - isn' t it time that
we look at the situation seriously and decide that man rather than dog
is master.
Civic Associations
Mr. David Cornelius , President , Fall Creek Civic Association, spoke to
the Council on three items which had been discussed in a meeting the
evening before of the Fall Creek and Bryant Park Civic Associations and
the representative of Neighborhood Housing:
1) Regarding the Mid-week Observer which is distributed on Wednesday after-
noons and is left anywhere- -on porches , in bushes , in yards ; if there is
wind or rain it is blown all over the property; if residents are away! a
vacation it is still left, up to three or four weeks , which provides
invitation to criminals to break in; and unlike the Ithaca Journal ori'
Post Standard, apparently cannot be stopped. It is a concern which was
brought to the civic associations and which Mr. Cornelius passed on to
the Council.
2) Regarding inspections being carried on by the Building Department , Mr.
Cornelius informed the Council that it had come to his attention that
one of the building inspectors has resigned which leaves only one
inspector, in addition to Commissioner Hoard, to accomplish all in-
spections. He pointed out that the Council had passed a resolution to
place the inspection process on a three-year rather than a five-year
basis , and if this is to be carried out adequately, Mr. Hoard needs
more inspectors as promised. There appears to be some hold-up in
getting processed. Meanwhile , since Cornell University and Ithaca
College are again in session, many houses are being overcrowded with
students . If Mr. Hoard does not have inspectors to check the complaints
out, there isn' t much point in reporting them to him. Mr. Cornelius
requested the Council to do whatever they can to expedite the process
of hiring inspectors in order that the zoning and inspection rules can
be enforced. Otherwise the time and efforts of the Planning Department
and citizens could be considered a waste.
3) Mr. . Cornelius reported it has been brought to his attention that the
zoning maps which are being distributed, and which the realtors are
using for their listings , are marked "proposed zoning map. " As an i
example , he said R-2 properties in the Fall Creek Area are listed as
R- 3. He suggested that "proposed" be deleted from the zoning maps and
the maps be marked "Official" because the use of property is affected.
Mayor Conley commented that regarding the hiring of building inspectors ,
the Civil Service test had been given in June ; however, the eligibility
listing has not been received by the local Civil Service Commission as
yet. Mayor Conley said he had made contact with the State Commissioner
of Civil Service and expected to talk to him the following day concerning
the problem.
-3- September 7 , lopB
Mayor Conley asked Planning $ Development Director Van Cort for informa-
tion concerning the zoning maps and Mr. Van Cort said the official zoning
map is nearly complete and ready for printing. Mayor Conley asked Mr.
Van Cort to check the draft which is being distributed regarding the 4
marking "proposed" and to write to the Realtors Association informing 4
them of what has been happening and request them to notify their group of
the correct status of the zoning map.
COMMUNICATIONS FROM THE MAYOR:
Housing Re-inspection Program
;Building Commissioner Hoard reported on the re-inspection of the housing
stock in the City for the two-month period from July 1 , 1977 to the
present.
Alderman Meyer expressed concern over a bill received by a fraternity for
services performed by the City Department of Public Works during the
summer (cutting the lawn) . Building Commissioner Hoard explained that
the fraternity had been contacted verbally and by mail with the instruc-
tions that the lawn must be taken care of within a certain length of time,
or the Department of Public Works would have the work done and bill the
10fraternity for the service.
MAYOR'S APPOINTMENTS: $ '
O10Design Committee - Rte. 96
<Mayor Conley reported that before appointing a committee to work with
<the consultant hired by the State to design Route 96 and look at the
aalternatives , he wrote to Comm. Hennesey and asked a specific charge for
the committee. Comm. Hennessey responded that the committee would be
working with Joe Powers and advised Mayor Conley to contact Joe Powers ,
which he did. Mr. Powers responded that he is ready to meet with the
committee , so without any specific goals , Mayor Conley said he wished to
appoint the following to the Design Committee for Route 96 :
Planning & Development Director Van Cort - representing staff
City Engineer Cox - representing staff
J. B. Graves - representing the W s E d businessmen j ; `fti
Andy Yale - representing the _ ction awmg and Alternatives ,->rt-'J f
`. Alderman Slattery - representing the Common Council
Resolution
By Alderman Boothroyd: Seconded by Alderman Nichols
RESOLVED, That this Common Council hereby approves the appointment by
Mayor Conley of H. M. Van Cort , P. Cox, J. B. Graves , A. Yale and
D. Slattery to the Design Committee for Route 96 to work with New York
State Consultant Joe Powers.
Carried Unanimously
Mayor Conley requested that Mr. Van Cort contact Mr. Powers to establish
the first meeting of the group.
CITY CLERK'S REPORT :
Designation of Polling Places for 1977 "`
City Clerk explained to the Council that he had not received confirmation
of two of the designated polling places , but feels confident it will be
forthcoming.
Resolution
By Alderman Boothroyd: Seconded by Alderman Bordoni
ESOLVED, That the following be and are hereby designated as polling places
.n each election district in the City of Ithaca, New York, at which regis-
;ration of voters , elections and primaries shall be held during the year
X977:
FIRST WARD 1st District Chestnut Street West Hill School
2nd District 800 S. Plain Street Titus Flats Housing
3rd District 626 W. State Street #6 Fire Station
4th District 300 W. Court Street G. I .A. C. Building
SECOND WARD 1st District 300 W. Court Street G. T.A.C. . Building
2nd District 300 S. Geneva Street St. John's School
3rd District 520 Hudson Street South Hill School
-4- September 7 , 1977
374
THIRD WARD 1st District 309 College Avenue #9 Fire Station
2nd District 502 Mitchell Street Belle Sherman School
3rd District 502 Mitchell Street Belle Sherman School
FOURTH WARD 1st District 402 N. Aurora Street St. Paul ' s Methodist Ch.
2nd District Aurora & Buffalo Streets First Unitarian Church
3rd District 309 College Avenue #9 Fire Station
FIFTH WARD 1st District 1012 N. Tioga Street #7 Fire Station
2nd District Cor. King $ Aurora Sts . Fall Creek School
3rd District 309 Highland Road First Congregational Ch.
Carried Unanimously
CITY ATTORNEY' S REPORT :
Baker Zoning Case
City Attorney Shapiro reported that the Baker Zoning case involving
property on N. Cayuga Street was resolved; Mr. Baker filed an appeal but
nothing has happened as yet ; Attorney Shapiro put the Board of Zoning
Appeals on notice that their decision was upheld by the Supreme Court.
CITY CONTROLLER' S REPORT:
Budget
City Controller Daley reported that all department budgets had been re-
ceived by his office on September 1st and he , the Mayor and staff would
work on them. He said there are two major items which Council must
approve to plug into the Budget, the Revenue Sharing distribution and
the Capital Projects recommendation, and he hopes to have them ready for.
Council for their October meeting.
BUDGET $ ADMINISTRATION COMMITTEE :
Treatment of the Bollards on the Ithaca Commons
By Alderman Gutenberger: Seconded by Alderman Boothroyd
WHEREAS, The Common Council has reviewed the proposed architectural treat-
ment
of the bollards on the Ithaca Commons , and
WHEREAS, it is the consensus of this Common Council that said proposal
enhances the design of the total Commons complex;
* NOW, THEREFORE, BE IT RESOLVED,
1 . That this Common Council approves the design of the proposed treatment
of the bollards on the Commons.
2 . That this Common Council approves a cost for construction of said
improvements not to exceed $3,200.
3. That $ 3, 200 be transferred from A1990 Contingency to A5410 A-407
Ithaca Commons - Contractual Service .
4 . That the Board of Public Works be requested to expedite the con-
struction of said improvement.
Discussion followed on the floor.
Alderman Gutenberger reported that the vote of the Budget $ Administra-
tion Committee on the resolution was as follows : Ayes 2 , Nays - 1 , '
Abstention - 1.
Alderman Meyer reported that the Planning & Development Committee did no
prepare a resolution; however, they recommended it be brought to the
Council for consideration. The vote of the committee was as follows :
Aye - 1 , Nays - 3.
Alderman Meyer further reported that the Commons Advisory Board and
Commons Design Advisory Team did not have a consensus in support of the
sculpture. The vote was unanimous with the exception of 1 Nay and 1
Abstention.
Planning $ Development Director Van Cort reported the Planning Board
voted unanimously in favor of the sculpture.
-:..s.aw ../.x'.:s«^v JX`:tn..r:.i!S Z.s.`i• '.i^L`_^S_^:=:^±!'^.:P.vt--,t'c.t,,, -x x.nMln.'.o-s.sw+«:A!N.eawm.wan>+w.•::wrm=:::w...-...-W�er+vew
-5- September 7 , 1P7
Gary Wojcik, local artist and steelworker, was present and answered
several questions from the Council.
The question of the adoption of the foregoing resolution was duly put
to a vote on roll call , which resulted as follows :
Alderman Boronkay Nay
Alderman Bordoni Nay
► Alderman Dennis Aye
Alderman Saccucci Nay
Alderman Meyer Nay •
Alderman Slattery Aye
Alderman Boothroyd Aye
Alderman Holman Nay
Alderman Nichols Aye
Alderman Gutenberger Nay
(6) Nays - Boronkay, Bordoni , Saccucci , Meyer, Holman,
LO Gutenberger
(4) Ayes - Dennis , Slattery, Boothroyd, Nichols
O Motion Defeated
Q Amendment of the 1977 Equipment List for the Youth Bureau
Q By Alderman Gutenberger: Seconded by Alderman Saccucci
C[ RESOLVED, That the 1977 Equipment List for the Youth Bureau be amended
to include a $6,000 Van, and
BE IT FURTHER RESOLVED, That $6 ,000 be transferred from A1990 Contingency
to A7130-200 Youth Program - Equipment.
Carried Unanimously
Creation of an Administrative Secretary position for the Youth Bureau
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the 1977 personnel roster for the Youth Bureau be amended
to eliminate the position of Senior Stenographer and create a position
`—' of Administrative Secretary.
Carried Unanimously
1
Appointment of an Administrative Secretary for the Youth Bureau
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That Christine Brill be appointed Administrative Secretary
in the Youth Bureau at an annual salary of $8 , 019 per annum, effective
September 12 , 1977 , for a probationary period as provided by Civil
Service regulations .
Carried Unanimously
Creation of a Youth Development Program Leader position for the Youth
Bureau
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the 1977 personnel roster for the Youth Bureau be amended
to create a position known as Youth Development Program Leader, and
BE IT FURTHER RESOLVED, That the salary for said position be established
at $8, 260 to $12 ,227 per annum on the 1977 Compensation Plan.
Carried Unanimously
Appointment of a Youth Development Program Leader for the Youth Bureau
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That Alice Walsh be appointed a provisional Youth Development
Program Leader at a salary of $8 ,261 per annum, effective September 12 ,
1977, and
BE IT FURTHER RESOLVED, That the Civil Service Commission be requested
to hold an open-competitive examination for said position.
Carried Unanimously
Authorization of the signing of an agreement with ACTION for a $10 ,000
grant
By Alderman Gutenberger: Seconded by Alderman Slattery
WHEREAS, the City of Ithaca has received approval of a $10 ,000 grant from
ACTION for a Youth Challenge Program, and
-6- September 7 , 1977
376
WHEREAS , it is necessary to execute an agreement with the Federal
Government for said funds ;
NOW, THEREFORE, BE IT RESOLVED, That the Mayor and City Clerk be and
they are hereby authorized and directed to execute an agreement with• the
Federal Government for funds for the Youth Challenge Program.
Carried Unanimously
Amendment to a previous resolution on City of Ithaca Tax Sale Properties
By Alderman Gutenberger: Seconded by Alderman Slattery
RESOLVED, That the resolution adopted May 9 , 1977 , to wit :
WHEREAS, it has become increasingly apparent that properties in the
City of Ithaca are. being sold at Tax Sale which are important to the
overall development of the City, and
WHEREAS, it is the consensus of the Common Council that better control
of these properties is necessary for the orderly development of this
community;
NOW, THEREFORE, BE IT RESOLVED, That there is hereby created a Committee
whose membership shall include the Superintendent of Public Works , the
Building Commissioner, and the Planning Director and City Controller, -
which Committee shall review all properties which are to appear on the
Tax Sale Notice and shall transmit said list of properties with recom-
mendations for the disposition of said properties to the Budget &
Administration Committee of Common Council before formal advertisement
of said Tax Sale , and
BE IT FURTHER RESOLVED, That the Budget & Administration Committee shall
recommend to the Common Council purchase of said Tax Sale properties as
they deem to be in the best interest of the City for its orderly and
economic development.
be amended to read:
NOW, THEREFORE, BE IT RESOLVED, That there is hereby created a Committee
whose membership shall include the Superintendent of Public Works , the
Building Commissioner, and the Planning Director and City Controller,
which Committee shall review all properties which are to appear on the Tax
Sale Notice and shall transmit said list of properties with recommendations
for the disposition of said properties for confirmation to the Budget $
Administration Committee of Common Council , and
BE IT FURTHER RESOLVED, That the Budget $ Administration Committee shall
recommend to the Common Council purchase of said Tax Sale properties as
they deem to be in the best interest of the City for its orderly and
economic development.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Audit
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the Budget and Administra-
tion Committee in the total amount of $40 , 398. 12 as listed on Audit Abstract
#9/1977 be approved for payment.
Carried Unanimously
Mayor Conley introduced the candidates for Fall Election who were present'-'
The Council recessed at 9 : 10 p.m.
•
The Council reconvened in regular session at 9 : 15 p.m.
i
CHARTER f ORDINANCE COMTvIITTEE :
vDesignation of former South Hill School (Columbia Street Annex) , 110
Columbia Street , as a Historic Landmark
8y Aiderman Boronkay: Seconded by Alderman Saccucci
RESOLVED, That the resolution tabled at the August 17 , 1977 meeting be
raised from the table.
Carried Unanimously
- 7- September 7, '!7
By Alderman Nichols : Seconded by Alderman Bordoni
WHEREAS, the City of Ithaca Landmarks Preservation Commission, in
accordance with Chapter 32 of the City of Ithaca Municipal Code, on
July 11 , 1977, designated the former South Hill School building at
110 Columbia Street as a historic landmark, and
WHEREAS, the secretary of the City of Ithaca Landmarks Preservation
Commission has sent official notice of the historical Landmark designation
of the former South Hill School building at 110 Columbia Street to the 1
1 Common Council and the City of Ithaca Board of Planning and Development
with a request that this designation be ratified and implemented,
NOW, THEREFORE, BE IT RESOLVED, That the former South Hill School
Building at 110 Columbia Street is hereby designated a historic landmark
by action of the Common Council.
Carried Unanimously
Designation of former Ithaca Calendar Clock Factory Building, 102 Adams t
Street , as a historic landmark
LU By Alderman Nichols : Seconded by Alderman Saccucci
L ) RESOLVED, That the resolution tabled at the August 17, 1977 meeting be
0 raised from the table .
Carried Unanimously
By Alderman Nichols : Seconded by Alderman Dennis
'Cr WHEREAS, the City of Ithaca Landmarks Preservation Commission, in
accordance with Chapter 32 of the City of Ithaca Municipal Code , on
July 11 , 1977, designated the former Ithaca Calendar Clock Factory,
102 Adams Street as a historic landmark, and
WHEREAS, the secretary of the City of Ithaca Landmarks Preservation
Commission has sent official notice of the historical landmark designa-
tion of the former Ithaca Calendar Clock Factory at 102 Adams Street
to the Common Council and the City of Ithaca Board of Planning and
Development with a request that this designation be ratified and imple-
�, mented,
NOW, THEREFORE, BE IT RESOLVED, That the former Ithaca Calendar Clock
Factory at 102 Adams Street is hereby designated a historic landmark
by action of the Common Council.
Carried Unanimously
Publication of Leaflet
Alderman Nichols reported that the Charter $ Ordinance Committee had
cooperated with the Ithaca Bicentennial Commission in publishing the
leaflet "Ithaca, New York - A Citizen' s Handbook" which has been favorably
reviewed and is being distributed.
Mayor Conley expressed appreciation to Alderman Nichols and the Commission
for the time and work they had done in preparing and publishing the
leaflet.
PLANNING $ DEVELOPMENT COMMITTEE :
Route 96 Request
Alderman Meyer reported that the Committee members officially requested
that the N.Y. S. DoT provide us with the information that the Council
requested two months ago concerning information they have regarding
Route 96.
' Elmira Road
Alderman Meyer commented on the progress being made on the Elmira Road
improvement , calling attention to the speed of the automobiles and the
necessity for getting the bicycle traffic off the road.
UNFINISHED AND MISCELLANEOUS BUSINESS :
Alternate Raw Water Supply
Alderman Slattery asked what progress had been made in the investigation
of an alternate raw water supply. Mayor Conley replied that he would ask
Supt. Dingman concerning the investigation, and possibly Supt . Dingman.
would make a report.
-8- September 7, 1977
378
Special Meeting of Council
Mayor Conley announced that there will be a Special Meeting of the
Council on September 14 , 1977 at 7: 30 p.m. in the Chambers to deal with
the matter of the Health Facility. The bids are in, the figures are
higher than anticipated, and the staff will analyze , looking at alterna-
tives . In addition, if the bid figures are received on the Stewart Auenue
project, that item will also be taken care of at that time .
Spencer Street Traffic
By Alderman Boronkay: Seconded by Alderman Slattery
RESOLVED, That the Council request the Department of Public Works , :,- —
Planning ? Development Department , and any other appropriate body to
become involved in trying to alleviate the traffic problem on Spencer:
Street between Clinton and S. Cayuga Streets .
Carried Unanimously
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 32 p.m.
er: 04414/2/$-
Jo ep, Rundle , City Clerk Edward J Conley,,or
4
s
379
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Special Meeting 7 : 30 P.M. September 14 , 1977
PRESENT :
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Holman,
Meyer, Nichols , Saccucci , Slattery
OTHERS PRESENT :
I 1 City Controller - Daley
Building Commissioner - Hoard
Board of Public Works Commissioner - Allan
i... Consultant - McDougall
City Clerk - Rundle
• Mayor Conley addressed the meeting briefly, explaining the three i*ems
on the agenda to acquaint the persons in the audience with them in the
event they wished to address the Council on any of the items , or any
other item they wished to discuss with the Council.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
LU Family Medicine Center
0 The following persons addressed the Council , speaking in favor of the
Q Family Medicine Center:
Q Arthur Pierce , Ithaca Neighborhood Housing Services, 520 W. Green St,
Q Frank Muskgrave , 79 Gunderman Road, Secretary to the Hospital Board
of Managers and member of the Primary Care Committee
Bernice Miller, 117 S. Plain Street
Ruth DeWire , representing Hospital Board of Managers and Primary Care
Francis Benedict , 30£ Dubois Road, member of the Hospital Board of
Managers and Primary Care Committee
Margaret Jones , 509 Cascadilla Street
- Bonnie Howard, representing Primary Care
Mr. Vincent Giordano , Mayoral candidate , addressed the Council , expressing
�• concern over the increased cost reflected by the bids and asking why those
costs had tripled. He commented that perhaps the city should get down to
reality and possibly redesign the facility. He asked if the city will
receive rent for use of the facility for the next 10 years . He further
commented that if the city is going to spend the money for the facility,
they should also spend money and add an emergency room. In addition, he
recommended letting a group of doctors , rather than the city, provide the
facility.
City Controller Daley presented a memo , copies of which had been distributed
to the Council , showing the cost of the facility and sources of funds . He
also presented a breakdown, showing three possible alternative sources of
funds : Capital Projects - the balances of those projects completed or not
begun; Revenue Sharing; Urban Renewal funds which will come back to the
city as a result of the closing.
Mr. David Taube , O'Brien and Taube Architects , addressed the Council , ex-
plaining the reasons for the cost overrun as outlined in a letter from him
to Richard McDougall , Consultant, dated 13 September 1977 :
"13 September 1977
MEMORANDUM
To : City of Ithaca
Department of Planning and Development .
Attention : Richard McDougall
Refe'•ence : City of Ithaca/Tompkins County Hospital
Family Medicine Program/Downtown Facility
In November 1976 , we submitted a schematic design and statement of probable
construction cost of $100 ,000 for a Family Medicine Center/Downtown Facility.
On 7 September 1977 , bids were received for the work on this facility
totaling $202 , 751 . At your request , we have outlined below the background
for this cost increase over the p..st ten months .
At the time of the schematic design work, it was understood that the
project would not be subject to State Health Department processng. This
380 -2- September 14 , 1977
allowed for a relatively simple "doctor' s office" concept. It was later
learned, however, that a full submittal would be required and that the
facility would have to be in full compliance with all Health Department
Codes and Regulations . These requirements and restrictions were the
single most important contributor to escalating the cost, almost doubling
the mechanical system cost alone .
Following a review of the schematic design, the Health Department demanded
program changes - addition of employees ' lounge , soiled workroom, clean
workroom and laboratory. The Hospital Program Committee also required the
enlargement of waiting room, business office , treatment room and nurses ' -
station. Together these changes added 386 square feet of area and $20,04 '
in cost to the project.
During the development of the design, it was decided to transfer over
$5 , 500 of equipment and furniture from the Equipment Budget to the
Construction Budget. This was done to facilitate installation of fixed
equipment by the construction contractor.
Major site work originally contemplated to be performed by city crews ,
including paving, curbing, and planting, was incorporated into the contract
during the construction documents phase , adding another $10 ,000 to the
probable cost. It was felt that a competitive bid for this work would
yield a lower cost than could be realized using city crews.
During the detailed design process for the mechanical system, the
Architects and City Engineer agreed that the long-range benefits of an
electric heat pump system warranted its use in lieu of the fuel oil hot
water system originally contemplated. While this change added nearly
$5000 to the cost , it afforded a highly controllable and efficient system
which would be unaffected by future fuel oil shortages .
•
When detailed -construction documents were being prepared, certain site
peculiarities previously unknown, dictated additional sitework and the
addition of a ramp and steps.
Construction originally anticipated for early spring of 1977 has been
delayed until at least September of this year, resulting in an in- .�
flationary increase of approximately 5% , and the added cost of temporary
heat.
In conclusion, it must be made clear that the physical facility is a
direct interpretation of the program' s needs and requires vents , and
contains no unjustified amenities . It would be detrim ' al to the
project to delete almost any individual item which woul : result in any
great consequence economically. Furthermore , it must be fully understood
that neither the Architect nor the Owner has any control over the cost
of labor, materials or equipment , over the contractors ' methods of
determining bids , or the competitive bidding and current market conditions.
It is our opinion that , considering the complexity of the addition/
alteration, its high standards in compliance with the State Health Code , and
its total scope of site improvements , the prices obtained are good ones and
are ju►tified."
Architect Taube and a representative of the Primary Care Committee answered
questions of the Council.
Alderman Boronkay arrived at 8: 37 p.m.
Alderman Meyer expressed opposition to voting on a resolution not tied i o
a contract.
Alderman 'Tolman commented that the Council would be voting on a resolutiu'4i
applying to a different facility .than originally presented and approved.
Aldermen Nichols , Dennis , Bordoni , Boothroyd and Slattery spoke in favor
of approving the appropriation of additional funding for the facility.
ResolL'tion
By Alderman Dennis : Seconded by Alterman Bordoni
RESOLVED, That this Common Council hereby amends the Health Facility Capital
Project authorization as adopted in the 1977 City of Ithaca budget from
$240 ,000 to $ 348 ,000 , and
F+sc,`.R4r. rrafi.:iiWitG.:iO:.R•.,_.wwR.,rnW(rxu+: •.ar.rn+✓avwx.aw.,. a....m....�:x..,aau..,.......r.w.i,..........�.—.._......: r....—.o_.� ...���_ _.. ..
-3- September 14 , 1��7j
BE IT FURTHER RESOLVED, That funding of the amended authorization be as
follows :
1. From the General Fund $140 ,000
2. From the State (ARC) 90 ,132
3. From the Urban Renewal Agency 117 , 868
$348,000
Resolution to Table
By Alderman Saccucci : Seconded by Alderman Boronkay
RESOLVED, The resolution amending the Health Facility Capital Project
authorization be tabled for 1 week.
A vote on the tabling resolution resulted as follows :
Ayes (4) - Meyer, Holman, Boronkay, Saccucci
Nays (6) - Bordoni , Boothroyd, Nichols , Dennis , Gutenberger,
Slattery
Motion Defeated
10 The question of the adoption of the main motion was duly put to a vote
If) on roll call , which resulted as follows :
0
Q Meyer Nay
Q Slattery Aye
Nichols Aye
Q Dennis Aye
Holman Aye
Bordoni Aye
Boronkay Nay
Saccucci Aye
Gutenberger Nay •
Boothroyd Nay
Ayes (6) -
Nays (4)
Carried
Alderman Boothroyd later requested that his vote of Nay on the adoption
of the main motion above be changed to Aye , resulting in:
Ayes (7) •
Nays (3)
Direction to Board of Public Works
By. Alderman Dennis : Seconded by Alderman Bordoni
RESOLVED, That this Common Council hereby directs the Board of Public
Works to proceed with its review, approval and acceptance of the lowest
acceptable bids for the Health Facility which they received September 8 ,
1977 , and proceed with construction of said facility in an expeditious
manner.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Ayes (9) - Slattery, Nichols , Dennis , Holman, Bordoni , Boronkay,
Saccucci , Gutenberger, Boothroyd
Nay (1) - Meyer
Carried
. . Stewart Avenue Retaining Wall Construction
By Alderman Gutenberger: Seconded by Alderman Slattery
WHEREAS, this Common Council authorized a capital project known as Stewart
Avenue Retaining Wall Repair on April 20 , 1977 , and
WHEREAS, $53,000 was appropriated for said project , and
WHEREAS, the Board of Public Works received bids on September 12 , 1977
which increased the total cost of said project to $68 ,210 ;
- .:.
-4- September 14, 1977
382 p
NOW, THEREFORE, BE IT RESOLVED, That $15 , 210 be transferred from A1990
Contingent Account to H890-169 Stewart Avenue Retaining Wall Repair.
•
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Possible Closeout of Capital Projects
By Alderman Gutenberger: Seconded by Alderman Bordoni
RESOLVED, That the City Controller be directed to work with the Superin
tendent of Public Works to review the possible closeout of existing cap: ii
project; and report back to the Common Council at the Regular October
meeting of the Council. *
Carried Unanimously
Celebrations Ithaca
Alderman Gutenberger called attention to a letter addressed to Mayor
Conley from Raymond Van Houtte , President and Chief Executive Officer,
Tompkins County Trust Company, in regard to the lack of funds of the
Ithaca Fall Festival Board to complete projects for the Celebration:
"September 12, 1977
The Honorable Edward J. Conley
Mayor of Ithaca
City Hall
108 East Green Street
Ithaca, New York 14850
RE : Ithaca Fall Festival
Dear Mayor Conley:
As you know, I am a member of the Ithaca Fall Festival Board and have
assisted in fund raising activities to insure. the success of the
"Celebration. "
a Various meetings have been held in recent days to discuss the lack of
funds to purchase materials for our local artists. We appreciate the
original contribution by the City in the amount of $1 ,000. 00 which,
together with other local contributions , will assure the success of all
other Celebration activities. It is estimated, however, that approxi-
mately $3,000 is urgently required for various materials in order that
our local artists might complete individual projects for the Celebration.
We expect that various fund raising activities , to be held during the
Celebration, will generate certain revenues to help offset the costs of
such materials and supplies . We respectfully request that the City of.
Ithaca consider increasing its contribution by $500 to insure that our
local artists will have supplies and materials required to meet various
construction deadlines . This amount of $500 represents our best estimate
of the short-fall between the cost of the supplies and the expected
revenues to be derived from Celebration revenue-producing projects.
Please convey our thanks to Common Council for their support of this
= activity which should attract thousands of residents and outsiders to
our downtown Commons .
Sincerely,
'€ Raymond Van Houtte • j
President and Chief Executive Officer"
1 Resolution
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That the contract between Summer Ithaca, Inc. and the City of
Ithaca for providing certain services during Celebrations Ithaca be
amended to increase the amount of compensation from $1 ,000. to $1 , 500, and
BE IT FURTHER RESOLVED, That $500 be transferred from A1990 Contingent
Account to A1010-400 Legislative-Contractual Expenses .
.,,_
-5- September 14 , 19'Nl '
Resolution to Refer
By Alderman Boothroyd: Seconded by Alderman Slattery
RESOLVED, the resolution recommending amendment of the contract between
Summer Ithaca, Inc. and the City of Ithaca to increase the amount of
compensation be referred to the Budget E Administration Committee for
recommendation back at the next Council meeting.
A vote on the referring motion resulted as follows :
Ayes (5) - Boothroyd, Nichols , Boronkay, Slattery, Saccucci ,
i Nays (4) - Dennis , Gutenberger, Bordoni , Holman
Abstention - (1) - Meyer •
Carried
ADJOURNMENT :
On a motion the meeting adjourned at 9 : 50 p.m.
LO •
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A,47,/e./ 61 ekvtige,- ......... -4, -,'0„,
Jeph A. Rundle , City Clerk Edwar• J. Conle Mayor
•
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44a-
3 FS-
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7 : 30 P.M. October 5 , 1977
PRESENT: '
Mayor - Conley
Aldermen (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Holman,
Meyer, Nichols , Saccucci,
ABSENT:
Alderman (1) - Slattery .
f OTHERS PRESENT:
City Controller - Daley Mr. Harold DeGraff - Hospital
City Attorney - Shapiro Board of Managers
Dir. Youth Bureau - Cutia Ms. Bonnie Howard - Primary Care
City Engineer - Cox Mrs . Ruth DeWire Hospital Board
Supt. of Public Works - Dingman of Managers and Primary Care
Dir. Planning & Development - Van Cort
Chief of Police - Herson
City Clerk - Rundle
"I( PLEDGE OF ALLEGIANCE :
Mayor Conley led all present ,in the Pledge of Allegiance to the American
flag.
it APPROVAL OF MINUTES :
By Alderman Boothroyd: Seconded by Alderman Bordoni
RESOLVED, That the Minutes of the September 7 , and September 14 , 1977 i
meetings be approved as recorded by the city clerk. .
Carried Unanimously
ADDITIONS TO THE AGENDA:
Budget & Administration Committee
Alderman Gutenberger requested that one item be added to the agenda - a
1----. resolution concerning the purchase of van for the Youth Bureau.
• No Council member objected.
COMMUNICATIONS:
Mayor Conley recognized Mr. Arthur Pierce of the Ithaca Neighborhood Housing
Services who presented a brief progress report of the organization' s work
for the past year and presented a slide show of what the neighborhood is
starting to do and how it is beginning to work.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL :
' Downtown Health Facility
Mr. Richard Berg, 601 East State Street , and Ms. Bernice Miller, 117 South
Plain Street , addressed the Council , expressing the hope that the Council. I
pass the resolution approving the Downtown Health Facility.
Ithaca Neighborhood Housing Services
The Reverend Wilma Lloyd, 201 Cleveland Avenue , addressed the Council ,
commenting that she was impressed by the slide show of Mr. Pierce and
expressing appreciation to the Council for what is being done in her
neighborhood.
PLANNING AND DEVELOPMENT COMMITTEE :
Downtown Health Facility Contract
-- City Attorney Shapiro reviewed the recent changes in the draft of the
1
contract which concerned the $15 ,000 for movable equipment for the
j i facility.
Alderman boronkay arrived at 8 : 05 p.m.
Alderman Meyer asked questions concerning the hours the facility would be
open and the service . Bonnie Howard explained that 40 hours is a minimum
figure--the facility willhave evening hours and Saturday morning hours , 1
in addition to providing a 24-hour on-call. service.
Alderman Holman asked what will happen to the facility in regard to the
doctors if the program is not refunded in 1979. Ms . Howard explained
that the program is not funded by Appalachia grant only, and there would
1
i
-2- October 5 , 1977
be several choices. She also said the program was supposed to be self-
sufficient by that time.
Mrs . Ruth DeWire explained that the program belongs to the. hospital , even
though not a part of the hospital. The hospital is responsible for the'''
operation of the program; the city is responsible for the facility.
Resolution
By Alderman Saccucci : Seconded by Alderman Holman
RESOLVED, That a clause be included in the contract whereby the Hospital
Board of Managers guarantee payment of $90 ,000 to the City of Ithaca prior
to June 1 , 1979 . t :
Discussion followed on the floor. . j
Aldermen Saccucci and Holman withdrew the resolution due to the fact that
the original resolution had not been presented.
Resolution
By Alderman Meyer: Seconded by Alderman Holman
RESOLVED, That Common Council approve the contract between the Hospital :`
and the City for the Family Medicine Center.
Amendment to Resolution
By Alderman Saccucci : Seconded by Alderman Holman
RESOLVED, That provision be made in the contract whereby the Hospital >=
Board of Managers guarantee payment of $90 ,000 to the City of Ithaca
prior to June 1 , 1979.
Additional discussion followed on the floor.
Mr. Harold DeGraff, Hospital Board of Managers , addressed the Council , '
informing them that the Hospital Board of Managers is not in a position
to make the guarantee ; further that they have every reason to believe
the Appalachia funds are coming through. •
Mrs . Ruth DeWire , Primary Health Care Center and Hospital Board of Manage
addressed the Council , informing them that there is absolutely no way the ,
Hospital Board of Managers could guarantee payment of the $90 ,000 except
through the Tompkins County Board of Representatives .
The question of the adoption of the amendment to the resolution was duly
put to a vote on roll call , which resulted as follows :
Bordoni No Dennis No
Nichols No Boronkay Yes
Saccucci Yes Gutenberger Yes
Holman Yes Boothroyd No
Meyer No
Ayes (4) - Saccucci , Holman, Boronkay, Gutenberger
Nays (5) - Bordoni , Nichols , Meyer, Dennis , Boothroyd
Absent (1) - Slattery
The question of the adoption of the original resolution was duly put
to a vote on roll call , which resulted as follows:
Bordoni Yes Dennis Yes
Nichols Yes Boronkay Yes
Saccucci Yes Gutenberger No
Holman Yes Boothroyd Yes
Meyer No
Ayes (7) - Bordoni , Nichols , Saccucci , Holman , Dennis , Boronkay,
Boothroyd
Nays (2) - Meyer, Gutenberger
Absent (1) - Slattery
Carried .
Rehabilitation of 213 South Plain Street
By Alderman Meyer: Seconded by Alderman Bordoni
RESOLVED, That the Common Council agrees with the concept of the
F' r
33.7
-3- October 5 , 1977
•
rehabilitation of 213 South Plain Street as recommended by the Ithaca
Urban Renewal Agency.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE :
Rehabilitation of 213 South Plain Street
By Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That this Common Council hereby creates a capital project to
1beknown as "Rehabilitation of 213 South Plain Street" in the amount of
1 $29 ,000 ; said funding to be totally drawn from the Third Entitlement
Period of Community Development Funds Account Number 8666 known as
LI
s
Clearance.
BE IT FURTHER RESOLVED, That this Common Council directs the Board of
. Public Works and its staff to implement the rehabilitation of 213 South
Plain Street in accordance with plans prepared by Robert Boehlecke ,
Architect , to be approved by the Ithaca Urban Renewal Agency, and as
described in the Ithaca Urban Renewal Agency' s resolution at its
September 19 , 1977 meeting.
QDiscussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE :
Bikeway
WHEREAS, the Common Council has established a capital project for the
development of a city recreational bicycle route , and
WHEREAS, the Department of Planning and Development has determined that
this should be a phased project and' has prepared preliminary cost estimates ,
_ and
{
WHEREAS, the Environmental Commission supports this project;
THEREFORE, BE IT RESOLVED, That implementation of the first phase begin as
soon as possible with signage and other necessary improvements from down-
tpwn to Stewart Park, and
RESOLVED FURTHER, That implementation of the Spencer Road-Buttermilk Falls
section be delayed until an alternative route north of Elmira Road can be
evaluated, and that Common Council direct the Department of Planning and
Development to prepare such an evaluation in conjunction with overall
planning for Southwest development ;
RESOLVED FURTHER, That the Police Department be consulted in the bikeway
planning process.
Discussion followed on the floor.
• A vote on the resolution resulted as follows :
Ayes (7) - Bordoni , Nichols , Saccucci , Holman, Meyer, Boronkay,
Gutenberger
Nays (2) - Boothroyd, Dennis
_ Absent (1) - Slattery
Carried
The Council recessed at 9 : 20 p.m.
The Council reconvened in regular session at 9 : 35 p.m.
MAYOR' S APPOINTMENTS: i
Aousi ,Boar-d of: Review
Mayor Conley requested the Council. to .' rove the appointment of Jonathan
Cottrell , 430 North Titus Avenue , to t ` Housing Board of Review to replace
Paul Mackcsey; term to expire December ,;i , 1979.
Resolution
By Alderman Boothroyd: Seconded by Alderman Saccucci
RESOLVED, That this Council hereby approves the appointment by Mayor
Conley of Mr. Jonathan Cottrell , 430 North Titus Avenue , to the Housing
board of Review, term to expire December 31 , 1979 .
Carried Unanimously
. .
-4- October 5 , 1g77
Deputy City Clerk
Mayor Conley requested the approval of the Council for the appointment
of Callista F. Paolangeli , 324 S. Geneva Street., as Deputy City Clerk ;
at a salary of $10 ,528 per _annum, effective October 3, 1977. �F
Resolution
By Alderman Gutenberger: Seconded by Alderman Nichols
RESOLVED, That Callista F. Paolangeli be appointed Deputy City Clerk at
a salary of $10 ,528 per annum, effective October 3, 1977.
Carried Unanimously
' J
CHARTER AND ORDINANCE COMMITTEE:
Senior Citizen Partial Tax Exemption , 1
By Alderman Nichols : Seconded by Alderman Bordoni
WHEREAS , the Tompkins County Board of Representatives has .increased .the
ceiling income for senior citizen eligibility for partial tax exemption
from Six Thousand Five Hundred Dollars ($6500) to Seven Thousand Two
Hundred Dollars ($7200) , and
WHEREAS, an increase in the income ceiling would seem justified by the
recent increase in Federal Social Security payments ;
NOW, THEREFORE, BE IT RESOLVED, That the City Attorney is hereby requested
to draft legislation amending Chapter 81 of the Municipal Code to refIect
the increase in the income ceiling for partial tax exemption for senior -r
, citizens from Six Thousand Five Hundred Dollars ($6500) to Seven Thousand
Two Hundred Dollars ($ 7200) , and
BE IT FURTHER RESOLVED , That the proposed amendment be referred to the
Budget and Administration Committee for approval during the month of . :.
October 1977 .
Carried Unanimously
Prohibition of wheeled vehicles (except invalid chairs , baby carriages
and City-owned maintenance truck) from the ' gorge -trails area of the Circi
Greenway '
• By Alderman Nichols : Seconded by Alderman Boothroyd
WHEREAS, the unrestricted use of motorbikes , trail bikes , and similar. -J
vehicles has caused damage to the existing footpaths in the gorge trail
' area of Six-Mile Creek designated by action of the Common Council as the
Circle Greenway, and
WHEREAS, safety considerations have caused the Department of Public Works
and the Board of Public Works to prohibit bicycle riding on the trails in
Six-Mile gorge , and
WHEREAS, The City of Ithaca Bicentennial Commission has voted unanimously
to designate the gorge trail area of the Circle Greenway as a footpath for
pedestrian use , excluding all wheeled conveyances except those necessary
for the safety and comfort of the public;
NOW, THEREFORE, BE IT RESOLVED, That the City Attorney is requested to
draft legislation increasing the penalty for violation of Section 65 . 11
of the City of Ithaca Municipal Code from one dollar ($1) to not more than
twenty-five dollars ($25) .
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Possible need for a ramp entrance and improved sound system in City Hall
to permit handicapped persons better access to meetings of the Common —
Council and other governmental agencies in accordance with mandate of the
New York State Legislature
By Alderman Nichols : Seconded by Alderman Boronkay •
WHEREAS, Chapter 368 of the Laws nf 1977 became effective on September 1 ,
1977 , expanding the Open Meeting._ '.aw with the following amendment:
(b) Public bodies shall make or cause to be made all reasonable efforts
to ensure that meetings are held in facilities that permit barrier-
free physical access to the physically handicapped, as defined in
subdivision five of section fifty of the public buildings law . . .
• 3 S
-5- October 5, 1977 •
NOW, THEREFORE., BE IT RESOLVED, That the Department. of Public' Works and
the Board of Public Works are requested to consider the problems of im-
proving access to public meetings as well as City Hall , improvements ,of
the sound system for the benefit of hearing-impaired persons and to make
recommendations concerning proposed changes to the Council Couw, - i.i .
Carried Unanimou ,r
BUDGET AND ADMINISTRATION COMMITTEE :
Transfer of Funds
By Alderman Gutenberger: Seconded by Alderman Saccucci •
RESOLVED, That the Third Year Entitlement Period Application for Community
Development Funds be amended to include the following transfers :.
From: First Entitlement Period Funds
8660 Acquisition of Real Property $7, 364. 00
8666 Clearance , Demolition E Rehabilitation 1 , 816 . 00
8682 Relocation Payments 3,000. 00
Second Entitlement Period Funds
8666 Clearance , Demolition & Rehabilitation $7 , 364. 00
9.* 8690 Contingency 9 ,456. 00
CL
To : Third Entitlement Period Funds
8666 Clearance , Demolition & Rehabilitation $29 ,000. 00
at Carried Unanimously
City of Ithaca Tax Abatement
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the 1977 City of Ithaca taxes on the following listed
property be expunged:
Williams Glen Road - Map 4 ; Block 2 , Lot 2 . 2
1977 Assessment $100 . 00
1.977 City Tax 2 . 00
Carried Unanimously •
Transfer of Funds for -Board of Public Works
By Alderman Gutenberger: Seconded by Alderman Boronkay •
RESOLVED, That $300 be transferred from F1990 Water Contingent Account to
F8310-6- 200 Shop and Equipment - Equipment ; and that $300 be transferred
from G1990 Sewer Contingent Account to G8110-6- 200 Shop and Equipment -
_Equipment , to provide funds for replacement of a pump which has been_
damaged beyond repair.
Carried Unanimously
Equipment List Amendment
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That the 1U77 Equipment List for A5630 Bus Operation be amended
• to include a coin sorter for $1 , 700 . No additional appropriation is
required.
Carried Unanimously
. Celebrations Ithaca Request for Funds
Alderman Gutenberger reported that tie Budget and Administration
Committee had voted not to fund the Celebrations Ithaca for an additional
$500 as requested.
— Alderman Meyer asked for an explanation for the committee ' s decision.
Alderman Gutenberger reported that the committee felt the city had
fulfilled its obligation.
-- Resolution •
ByAiderman Meyer :
RESOLVED, That the City provide the additional $500 as requested by the
Celebrations Ithaca.
k
The resolution received no second.
Alderman reported
Gutenberger that the committee wished to defer action r'
on the capital projects closeout for a month and do them all at once.
- i
4
13 ,p '.
•
-6- October 5 , 1977
Establishment of a Capital Project for South Hill Park
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That this Common Council hereby creates a capital project to; be
known as "South Hill Park" in an amount of $16 ,000 for inclusion in the
1978 City of Ithaca budget. •
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Unemployment Insurance Tax Control Service Agreement
By Alderman Gutenberger : Seconded by Alderman Saccucci
RESOLVED, That the Mayor and City Clerk be authorized and directed to '
execute an agreement between the City of Ithaca and Reed, Roberts
Associates , Inc. to provide Unemployment Insurance Tax Control services,
in an amount not to exceed $1. 85 per city employee.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Authorization for "Emergency Purchase" of Youth Bureau Van
By Alderman Gutenberger: Seconded by Alderman Holman
WHEREAS, the City of Ithaca advertised for bids for a van for the Youth
Bureau, and
WHEREAS, on September 29 , 1977 , the returnable date for bids , no one
appeared with bids , nor were there 'any sealedbids , and
WHEREAS, an emergency situation exists in the Youth Bureau due to the
condition of the existing -van;
NOW, THEREFORE, BE IT RESOLVED, That this 'Common "Council hereby declares,
an emergency and authorizes the Youth Bureau to make direct purchase of
a van within the 1977 City of Ithaca Budget appropriation.
Carried Unanimously
Audit
"Ty Aderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the Budget and Admini-
stration Committee in the total amount of $27 ,475 . 45 as listed on Audit
Abstract #10/1977 be approved for payment.
Carried Unanimously
CONTROLLER' S REPORT :
City Controller Daley reported that the State Legislature has mandated _
that the following items be initiated by the first of 1978 : Unemployment
insurance Program, Fixed Assets Accounting and Appraisal , Capital Projects
Accounting System and Debt Service Bookkeeping.
BICENTENNIAL COMMISSION
Alderman Nichols reported that the commission h decided it will Con-
ti Niue to maintain the Circle Greenway as a pro '-. for the entire period
of the American Revolutionary Celebration whicx , ill last until 1981 .
PLANNING AND DEVELOPMENT COMMITTEE:
-South Hill Playground
By l lderman Meyer: Seconded by Alderman Holman
WHEREAS., under Article XV of the Parks and Recreation Law known as the
"Park and Recreation Land Acquisition Act" (hereinafter referred to as
"park lands acquisition act") state funds may be expended and made
available to cities for the acquisition of land for parks ; and
WHEREAS, the acquisition by the City of lands for establishing or
expanding a neighborhood park is necessary and desirable due to the
diminution of open lands convenient to densely-populated areas ; and -
WHEREAS , state aid for acquisition of lands for a municipal neighborhood
park approved by the governing body of the City may be made available
- 7- October 5 , 1977
upon the recommendation of the State Commissioner of Housing and
Community Renewal and approval thereof by the Conservation Commissioner;
and .
WHEREAS, land acquired by a municipality with the aid of state funds
may not be used for other than a public park nor alienation without
express legislative authority; and
WHEREAS, the proposed park location has been approved by the Planning
and Development Board of the City of Ithaca which has also found that
the proposed park location generally conforms to the existing compre-
hensive plan of the community and park development plans and other
plans or programs where such exist ; and
WHEREAS, it is desirable and in the public interest that the City of
Ithaca acquire lands estimated to cost approximately sixteen thousand
dollars ($16 , 000) , in order to establish a municipal neighborhood park,
described as follows : A 131. 4 x 295 ft. rectangular tract of vacant land
inpresently owned by James E. Gardner, Jr. and extending from Hillview
Place through to Columbia Street in the City of Ithaca, State of New York,
In excepting a 43 ft. by 100 ft. rectangular tract in the Southeast corner
0 of the larger rectangle ,
a
Q NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL :
Cr 1. That the said described lands within the City of Ithaca consist of
approximately 34 , 300 square feet .
2 . That the said described lands are located in or convenient to
densely-populated areas .
3. That the said state aid available under and pursuant to the park
lands acquisition act is needed to enable the City of Ithaca to
acquire the said described lands .
4. That the said described lands to be acquired consist of predominately
�. - open or natural lands .
•
5. That the land described above are approved for acquisition for a
municipal neighborhood park pursuant and subject to the provisions
and requirements of the park lands acquisition act as well as such
rules and regulations as are prescribed by the Commissioner of
Housing and Community Renewal .
6. That the City of Ithaca is cognizant of the conditions that are
imposed in the park land acquisition act and the rules and regula-
tions of the Commissioner of Housing and Community Renewal for the
. establishing or expansion of a neighborhood park with state aid,
including but not limited to those prohibiting the municipality from
(a) making any rule or regulations restricting the use of such park
to the residents of the municipality without express approval
of the Parks and Recreation Commissioner,
(b) disposing or alienating the lands acquired with the aid of
state funds without express authority of the legislature , and
the provision by the municipality of twenty-five (25) percent
of the cost of land acquisition.
I
,7. That all • legal requirements on the part of the City of Ithaca
necessary to acquire the said described land will be met.
8. That the City of Ithaca will otherwise comply with any and all
requirements of the park and recreation land acquisition act as
well as the rules and regulations prescribed by the Commissioner
• of Housing and Community Renewal.
9. That the filing of an application by the City of Ithaca for a State
Grant- in-Aid , to acquire the said described lands , in the amount of
of sixteen thousand dollars ($16 , 000) is hereby approved, and that
the Mayor is hereby authorized and directed to execute and file such
application with the Commissioner of Housing and Community Renewal ,
•
392 =8- October 5 , 1977
to provide such additional information and to furnish such documents
as may be required by the Commissioner of Housing and Community
Renewal or other State officials and to act as the authorized ,7
representative of the City of Ithaca.
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
Alderman Boronkay asked what , if anything, had been done regarding the
resolution passed at the September 7 meeting concerning Spencer Street
traffic.
Police Chief Herson reported that on September 21 a survey was taken
between 10 : 30 a.m. and noon; and on September 22 a survey was taken b.etwl i
4 : 00 p.m. and 5 : 30 p.m. The only vehicle to exceed 30 mph was 1 motOcyc`''e.
He commented that obviously the answer is there should be no parking on
that street , however that is not possible. Ae said the committee is
pursuing the legality of recommending that there be a reduced speed- zone
there .
Signal Light - South Meadow, South Titus , W. Clinton Street
Alderman Saccucci asked what progress has been made with the State in
regard to the signal light or traffic control device for the intersection
of South Meadow, South Titus and W. Clinton Street. 0
Mayor Conley reported that work is being done on the problem trying to
synchronize the rest of the lights and he thinks he can report further
at the next meeting.
Revenue Sharing
Alderman Gutenberger reported that' the committee has gone through the
process of selection, and at present is waiting to determine which '
organizations are fundable so it can make its determination. He hopes'
to have more information available at the next meeting of the committee .
ADJOURNMENT:
On a motion the meeting adjourned at 10 : 30 p.m.
os p A. Rundle , City Clerk Edward Con ey ayor
•
•
393
COMMON COUNCIL PROCEEDINGS
City of Ithaca, New York
Regular Meeting 7: 30 P.M. November 2 , 1977
PRESENT : '
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger,
Holman, Meyer, Nichols , Saccucci , Slattery
OTHERS PRESENT:
1 City Controller - Daley Dir. , Planning F Development - Van Cort
City Attorney - Shapiro Consultant - McDougall
S Building Commissioner - Hoard City Clerk - Rundle
Fire Chief - Weaver Deputy City Clerk - Paolengeli
PLEDGE OF ALLEGIANCE:
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
APPROVAL OF MINUTES:
LU By Alderman Slattery: Seconded by Alderman Saccucci
in RESOLVED, That the Minutes of the October 5 , 1977 meeting be approved
0 as recorded by the City Clerk.
Carried Unanimously
Q COMMUNICATIONS :
Cr Mayor Conley called attention to a letter received from Walter Schwann
concerning a 4-lane highway. Reading of the letter was waived inasmuch
as all Council members had received copies of the letter.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Request by Strand Theater for Revenue Sharing Funds
The following people spoke to the Council in support of the City pro-
viding Revenue Sharing Funds for the Strand Theater to pay for sound
and lighting equipment crucial to their operation; also to show to the
County, State and Federal governments that the City supports their .
project :
Warren Schlesinger, 222 N. Albany St. , Business Manager for Strand Theater
Charles McCary, 227 Snyder Hill Rd. , Chairman, Cayuga Chamber Orchestra,
who read the following two letters to the Council :
October 24 , 1977
Mr. Charles E. L. McCary, Chairman
Cayuga Chamber Orchestra
Strand Theatre
Ithaca, New York 14850
Dear Charles :
Many, many thanks for the fine complimentary seats Saturday night.
Vivaldi was as exciting as I had heard it would be. The Strand is
a beautiful setting for Karel Husa to perform his magic.
feel very confident that both the Strand and your orchestra will
enjoy many shows together.
My hope is that I will be able to enjoy many more personally.
My many community commitments keep me busy, but I hope I can continue
some contact with you and your fine orchestra.
Bravo!
Cordially,
Robert J. Hurd
Assistant Vice President
First National Ithaca
A letter dictated by telephone from Baltimore ' s Peabody Conservatory
from Karel Husa to Charles McCary, Chairman of the Cayuga Chamber
Orchestra, Monday, October 30 , 1977 :
-2- November 2 , 1977
394
Ladies and Gentlemen of the Council :
I was shocked to read in Friday' s Ithaca Journal of the Finance
Committee' s recommendation not to fund the Strand Theater with a
portion of revenue sharing funds.
The Strand compares most favorably with many of the most celebrated
renovated theatres around the country. The Strand' s remarkable
acoustics are fully as good as those of the Old Boston Theatre, and
the famous Pabst Theatre in Milwaukee in which I" recently conducted. _
The stage of the Strand is large enough to accommodate a full-size
symphony orchestra, yet with smaller groups the effect of intimacy
• is not lost. It would not be feasible to plan performances of even - •
the 35 pieces of the Cayuga Chamber Orchestra in the Hangar.
After the impressive eftorts of such a large staff and so many
volunteers and supporters , I feel it would indeed be a tragedy for
1 Ithaca if the Strand is not able to receive the funding it so richly
deserves.
Thank you. •
Yours sincerely,
Karel Husa
Sven Warner, Chairman of the Tompkins County Arts Council
Mrs . Alice Reid, Director of Ithaca Ballet
Frank Bartolucci , Co-producer of Portable Players , In-House Resident
Acting Company of the Strand Theater, presented petitions with 500
signatures supporting the Strand Theater' s request for Revenue Sharing
funds.
Jim Drake, 210 Cliff Park Rd. , Executive. Consultant , Ithaca Opera Assoc.
Pamela Scholl , 618 N. Aurora Street
Barbara Theusen, Executive Director, Strand Theater
School Crossing on Aurora Street `'
1 Celia H. Bowers , Vice President of the South Hill Parent Teachers Assoc. ,
j addressed the Council concerning the dangerous conditions on Aurora
Street for the crossing of children from the South Hill School. She said
that every time the PTA of South Hill has tried to rectify the safety
situation on Aurora Street , they have come up against the problem that
it is a state road, thus there are no crossing signs or speed limit signs.
She appealed to the Council to raise the issue to the State. She pre-
sented a list of safety precautions the PTA, crossing guards and head-
mistress of South Hill School feel should be taken: The City could build
an overpass which would be safe if the truck traffic could be rerouted.
Alternatives are painted signs on the road, child-crossing signs at the
side of the road, 15 mile per hour speed limit enforced in school hours ,
push-button traffic light installed in place of blinking orange light
now there and 15 extra minutes of crossing guard duty.
Request by SCAN (Service Communications $ Advocacy Network) for Revenue
Sharing Funds _.
Kirby Edmonds , 530 N. Albany Street , Drug Coordinator for Tompkins County,
addressed the Council concerning the request of SCAN for $800 of Revenue
Sharing funds to use for their training program. He commented that
Alderman Gutenberger, Chm. of the Budget $ Administration Committee of
Council , had indicated that since the organization is sponsored by the
Youth Bureau, the funds could come from the Youth Bureau budget. Mr.
Edmonds said he wished to make clear to the Council that putting it in
the Youth Bureau budget implies to the committee that the city will take
the program on as an ongoing responsibility, and the committee is looking
forward to expanding the program in the coming year. Mr. Edmonds said
that his committee is looking into other possibilities of sponsorship.
Alderman Boothroyd arrived at 7 : 53 p.m. •
- 3- November 2 , 19 r5
ADDITION TO THE AGENDA:
Human Services Committee
Alderman Boronkay requested that one item be added to the agenda - a
resolution concerning South Hill.
No alderman objected.
BUDGET AND ADMINISTRATION COMMITTEE :
1978 Federal Revenue Sharing Recommendations
By .Alderman Gutenberger: Seconded by Alderman Dennis
RESOLVED, That the following 1978 Federal Revenue Sharing Fund requests
(be approved and included in the 1978 City of Ithaca Budget :
1. Senior Citizens Council - $2 ,995. 00 - to buy a copy machine contingent
on the machine remaining the property of the City of Ithaca and
arrangements being made for the most efficient use of the machine.
2. Center for the Arts at Ithaca - $34 , 385. 00.
3. Voluntary Action Center - $7 ,142 . 00 - Funding for one year only and
Voluntary Action Center should coordinate with other agencies to
kc2
U continue the program after 1978 .
Q4. Gadabout - $5 ,000. 00
iiscussion followed on the floor.
43:Alderman Saccucci offered the following amendment to the resolution:
RESOLVED, That the Strand Theater be included in the approved requests
for revenue sharing funds .
The amendment received no second.
City Attorney Shapiro suggested that each recommendation be voted on
individually.
fter much more discussion, a vote was. taken on the individual items
• L..rn the resolution which resulted as follows :
1. Carried Unanimously
2. Ayes (8) - Bordoni , Boronkay, Dennis , Gutenberger, Meyer, Nichols ,
Saccucci, Slattery
Abstentions (.2) - Boothroyd, Holman
Carried
3. Ayes (8) - Bordoni , Boronkay, Dennis , Gutenberger, Meyer, Dennis ,
Saccucci , Slattery
Nays (2) Holman, Boothroyd
Carried
4. Carried Unanimously
•
Alderman Meyer requested it be entered in the record that she would like
to have seen money contributed to the Strand, and would like that to be
considered seriously by other allocations of the county.
' Resolution
By Alderman Meyer: Seconded by Alderman Saccucci
RESOLVED, That Council expresses interest for support of the Strand
Theater in regard to the Community Development funds.
Carried Unanimously
uest by SCAN
1 lqA1derman Holman: Seconded by Alderman Nichols
SOLVED, That in Budget consideration, the Youth Bureau budget request
have an additional $800 added to fund the SCAN program.
Carried Unanimously
•
The Council recessed at 9 : 00 p.m.
The Council reconvened in regular session at 9 : 05 p.m.
396 -4- November 2 , 1977
Transfer of Funds - Civil Service
By Alderman Gutenberger: Seconded by Alderman Saccucci
RESOLVED, That $1 , 810. 00 be transferred from A1990 Contingency Account
to A1430 Personnel as follows :
Line 101 : $1 ,010. 00
Line 422 : 800. 00
Carried Unanimously
•
Transfer of Funds - Circle Greenway Capital Project
By Alderman Gutenberger: Seconded by Alderman. Saccucci
RESOLVED, That $2 , 200. 00•be transferred from A1990 Contingency Account
to A9550. Transfer to Capital Fund for Circle Greenway Capital Project. I j
Carried Unanimously
Equipment List Amendment Finance Department
By Alderman Gutenberger: Seconded by Alderman Boothroyd
RESOLVED, That the 1977 Equipment List for the Finance Department ,
A1315-210 , be amended to include one typewriter stand for $74. 00 and a
visible record file for $500. 00 No additional appropriation is required.
Carried Unanimously
Senior Citizens' Partial Tax Exemption
By Alderman Gutenberger: Seconded by Alderman Saccucci
WHEREAS, the Tompkins County Board of Representatives has increased the
ceiling income for senior citizen eligibility for partial tax exemption
from Six Thousand Five Hundred Dollars ($6 ,500) to Seven Thousand Two
Hundred Dollars ($7,200) , and
WHEREAS, an increase in the income ceiling would seem justified by the
recent increase in Federal Social Security payments ;
NOW, THEREFORE, BE IT RESOLVED, That the City Attorney is hereby
requested to draft legislation amending Chapter 81 of the Municipal Code
to reflect the increase in the income ceiling for partial tax exemption
for senior citizens from Six Thousand Five Hundred Dollars C$6 ,5001 to
Seven Thousand Two Hundred Dollars ($7 ,200) .
Carried Unanimously .�
Audit
} By Alderman Gutenberger: Seconded by Alderman Dennis •
RESOLVED, That the bills audited and approved by the Budget -and Admini-
stration Committee in the total amount of $22 ,927. 40 as listed on
Audit Abstract -#11/1977 be approved for payment.
Discussion followed on the floor. Council requested Mayor Conley send
a memo to all employees that every attempt should be made to patronize
the stores within the City of Ithaca when using city funds for purchases ,
A vote on the resolution resulted as follows :
Carried Unanimously
Capital "Improvements Review Committee Recommendation for Procedures
Alderman Gutenberger reported that the recommendation for procedures-
resolution has not been typed up , and that it shoull be referred to
the Charter & Ordinance Committee also. He said the recommendation
suggests that the Capital Review Committeelbe an ongoing committee
meeting through the year which, in respect to the capital projects ready
for funding , would receive the information through the various requestini
agencies and review each project before the Common Council passes on thel
1978 Capital Budget Recommendation
Alderman Gutenberger reported on the recommendations of the Capital
Review Committee which had been distributed to the Council after the
regular agenda.
Alderman Holman asked why the Circle Greenway project was omitted from
the recommendation. Controller Daley explained a formal action will be
required to transfer the Bicentennial Commission balance of funds to
General Fund and this money will be used for the Circle Greenway.
Alderman Meyer offered two recommendations to the Council ; That , for
-5- November 2 , 117
purposes of information flow and formal structure of the Council , the
chairman of the Planning & Development Committee is always a member of
the Capital Review Committee ; that the recommendations of the Capital
Improvement Review Committee be referred to the Planning & Development
Committee for review and recommendation.
Alderman Meyer further announced that the Planning & Development Committee
will meet on Wednesday, November 9 , 1977 , at 7 : 30 p.m. to receive the
recommendations from the Capital Review Committee and review them.
COMMUNICATIONS FROM THE MAYOR:
1978 Budget
Mayor Conley reviewed the 1978 Departmental Budget Requests with Council.
He commented that he wishes to send a recommendation to the Charter and
Ordinance Committee that the Administrative Code be revamped as it relates
to the procedure for -preparation of the budget.
PLANNING AND DEVELOPMENT COMMITTEE :
Columbia Street Annex
in Alderman Meyer reported that the committee recommended that no action be
fl taken on this item for several reasons . It was asked by the Board of
O Education to make application for money from the State which would involve
city funds and then possibly that would help pay the Board of Education
Q
for the property. The committee decided that the investment of the
Q Planning staff and the city funds perhaps were not warranted by the size
Q and maintenance of the property.
Route 96
Alderman Meyer reported that the committee was concerned about where the
State was - their obligation to respond to the Council . The question
came up whether the committee needed to make a formal resolution once
more to the State to provide the information which was asked for.
Mayor Conley reported that he had talked to Comm' r. Hennessey about the
issue and had been told that a letter is in the mail to the Mayor which .
L agrees that if we can devise a project of lesser impact suitable to the
community, that it coild be advanced to the design hearing, and the
State would support it.
Discussion followed on the floor.
•
Resolution
By Alderman Gutenberger: Seconded by Alderman Holman
RESOLVED, That since we do not have anything from the State in writing,
that we reaffirm our earlier resolution of July 6 , 1977 , that the State ,
as quickly as possible , notify the city in writing of their intent to
comply with our request.
Ayes (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger,
Holman, Meyer, Saccucci , Slattery
Nay (1) - Nichols
Carried
CHARTER AND ORDINANCE COMMITTEE :
Ordinance Amending Chapter 81 entitled "Partial Tax Exemption"
By Alderman Nichols : Seconded by Alderman Bordoni
ORDINANCE NO. 77-10- -AN ORDINANCE AMENDING CHAPTER 81 ENTITLED "PARTIAL
TAX EXEMPTION" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
1 ; New York, as follows :
Section 1. That Chapter 81 entitled "Partial Tax Exemption" of the
City of Ithaca Municipal Code is amended as follows :
1. That Subdivision A of Section 81. 2 entitled 'Limitations or
Exemptions" is hereby amended to read as follows :
•
No exemption shall be granted if the income of the owner or
the combined income of the owners of the property exceeds the
sum of Seven Thousand Two Hundred Dollars ($7 ,200. ) for the
income tax year immediately preceding the date of making applica-
tion for exemption. Income tax year shall mean a twelve (12)
month period for which the owner or owners filed a federal
personal income tax return , or if no such return is filed, the
-6- November 2 , 1977
398
calendar year. Where title is vested in either the husband or
the wife , their combined income may not exceed such sum. Such
income shall include social security and retirement benefits,,
interest , dividends , net rental income , salary or earnings , and
net income from self employment , but shall not include gifts or
inheritances.
Section 2 . This ordinance shall take effect immediately and in '
accordance with law upon publication of a notice as provided in Section
3. 11 (B) of the Ithaca City Charter.
Carried Unanimously
Ordinance Amending Chapter 65 entitled "Public Safety"
By Alderman Niehols : Seconded by Alderman Bordoni
ORDINANCE NO. 77-11--AN ORDINANCE AMENDING CHAPTER 65 ENTITLED "PUBLIC
SAFETY" 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 Section 65 . 20 entitled "Penalties for Violation
of Article" is hereby amended to read as follows :
Any person convicted of a violation of any provision of this Article
shall be punished by a fine of not more than one dollar ($1. 00) or
by removal and detention of the license or sticker from such person' s
bicycle for a period not to exceed thirty (30) days or by impounding
of such person' s bicycle for a period not to exceed thirty (30) days
or by any combination thereof; provided however, that the penalty for
violation of the requirements of Sections 65. 9 and 65 . 10 shall be
that prescribed in Section 1 . 10 of this Municipal Code , and that the
penalty for violation of the requirements of Section 65 . 11 shall be
a fine of not more than twenty-five dollars ($25. 00) .
Section 2 . This ordinance shall take effect immediately and in
accordance with law upon publication of a notice ,as provided in Section
3. 11 (B) of the Ithaca City Charter.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
00
Ayes (9) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Holman,
Nichols , Saccucci , Slattery
Nays (1) - Meyer
Carried
Noise Ordinance Revision
Alderman Nichols reported that the committee had met with Prof. Albert
George , Chairman of Mechanical Engineering and Aerospace at Cornell
University, and that he had given excellent suggestions and a list of
cities similar to Ithaca that have noise ordinances , most of which were
college towns . The committee also have a couple of model ordinances which
Alderman Holman obtained from environmental sources . The committee expectq
to make, some progress on the noise ordinance quite soon.
TaXich Rate Increase Request
Since publishing the agenda, Chm. Nichols received a request from the
taxicab owners to meet with the committee because they feel the need for
a rate increase . She announced a committee meeting will be held with
the taxicab owners on November 14 , 1977 at 8 : 00 p.m. in the Mayor' s
Conference Room.
HUMAN SERVICES COMMITTEE:
Youth Bureau Project Continuation
By Alderman Boothroyd: Seconded by Alderman Saccucci
WHEREAS, the City of Ithaca is about to submit an application for con-
tinuation of the Youth Bureau project to the New York State Division for
Youth for its approval and, if approved, to apply subsequently to the
State of New York for partial reimbursement of funds expended on said
project as provided by Chapter 556 of the Laws of 1945 , as amended;
S =_.-.<...4.si..._-_.ax:'..:.ero.kyr..:....a...»««:..+.,:.::,,..s..,_..::,,.w.s .. .._:.rJ &-'.C.-.;,-,.,..>+.. ..+o+=.f.,.,.....,..�,,.,..........-........- .....-.a...,...,w., ..n.—:.,,..... _._..___. _ .._ __ _.._..._
-7- November 2 , 1977
399
NOW, THEREFORE BE IT RESOLVED, That such application is in all respects
approved and Edward Conley, Mayor, is hereby directed and authorized to
duly execute and present said application to the New York State Division
for Youth for its approval , and
BE IT FURTHER RESOLVED, That this resolution shall take effect January 1 ,
1978.
Carried Unanimously
Inclusion of Smoke Detectors in Codes
Alderman Boothroyd reported that at its meeting on November 16 , 1977,
Fire Chief Weaver would meet with the committee and give his recommenda-
(tions on the feasibility of inclusion of smoke detectors in the Codes,
after which Human Services Committee will recommend to the Charter and
Ordinance Committee. '
South Hill Safety
By Alderman Boronkay: Seconded by Alderman Holman
WHEREAS, recent accidents again emphasize the need for improved safety
on South Aurora Street , and
LIEREAS, this Common Council has passed an ordinance against southbound
Lais 'well as northbound truck traffic;
0
<IOW, THEREFORE, BE IT RESOLVED, That this Common Council work with the
ppropriate agencies , including the South Hill School P.T.A. and South
ill Civic Association in discussions to work toward an appropriate
olution.
BE IT FURTHER RESOLVED, That this matter be referred to the Human Services
Committee with a report back to Council at its January meeting.
Carried Unanimously
INTERGOVERNMENTAL RELATIONS COMMITTEE: ......—
_By Alderman Dennis: Seconded by Alderman Bordoni
1 prHEREAS, a joint meeting of the City of Ithaca and Tompkins County
intergovernmental Relations Committees was held on October 19 , 1977 to
discuss policies with respect to Revenue Sharing Fund allocations ;
THEREFORE, BE IT RESOLVED, That the following procedures be adopted for
further Federal Revenue Sharing Fund requests :
1, The City will have a legal review of all requests before
submission to the Human Services Coalition.
2. The same dates and deadlines will be used by the City and
County:
July 1 - deadline for submission of all requests to the
City Controller,
August 1 - legal opinion of all requests completed,
•
- September 15 - recommendations from Human Services Coalition
to Budget and Administration Committee .
Carried Unanimously
ENVIRONMENTAL COMMISSION:
Uderman Holman reported that the Environmental Commission continues
Lj.is support of the bikeways , as well as bicycle education, and has a
ariety of other matters under consideration.
ICENTENNIAL COMMISSION: `
Alderman Nichols reported that the commission had met and requested
the Mayor to change their name to the Circle Greenway Commission, the
reason being that many people feel the Bicentennial has ended and the
commission does wish to pursue the Circle Greenway and have that
Commission supercede the Bicentennial Commission.
Resolution
$y Alderman Nichols :. Seconded by Alderman Boronkay
BE IT RESOLVED AND ENACTED, That the Common Council hereby changes the
name of the Bicentennial Commission to the Circle Greenway Commission,
Carried Unanimously
•
400
-8- November 2 , 1977
REPORT OF SPECIAL COMMITTEES:
Labor-Management Health Insurance Committees
Alderman Boothroyd reported the committee has met three times with
representatives of the labor unions , and on the basis of those informa-
tive meetings it was determined that it would be in the best interests
of the city to hire an independent outside consultant to look at our
insurance and employee benefit programs with an eye toward saving the
City of Ithaca some money and provide a better delivery of employee
benefits to the City of Ithaca.
Resolution I
By Alderman Boothroyd: Seconded by Alderman Slattery ! j
WHEREAS, Common Council created a Labor-Management Health Insurance
Committee , whose membership consists of the Budget and Administration' "
Committee of Common Council and representatives of the five labor unions
in the City, and
•
WHEREAS, the Labor-Management Health Insurance Committee met on October
19 , 1977 to interview insurance consulting firms for the job of investi-
gating the possibilities of a new health insurance plan for the City of
Ithaca, and
WHEREAS, the Committee unanimously agreed on the Independent Risk Manage-
ment Group , Inc. of Syracuse , New York as its choice and recommends its
approval by Common Council ;
NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves the .
recommendation of the Labor-Management Health Insurance Committee , and '
BE IT FURTHER RESOLVED, That the recommendation be referred to the
Budget and Administration Committee for further action.
Art Santora, President of the Ithaca Chapter of the C. S.E.A. -Administra-
tive Unit , spoke to Council , explaining briefly the two proposals sub-
mitted to the committee which could result in considerable savings to (~
. the city, as projected, based on programs in other cities.
A vote on the resolution resulted as follows :
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
Renegotiation of Contract
Alderman Slattery asked that the Intergovernmental Committee be given
the responsibility for negotiating the Fire Coordinator' s Contract for
Tompkins County; also that Fire Chief Weaver review the Fire Contract -
with the Town of Ithaca and report back.
Proxy Vote
Alderman Slattery asked if provision is made in the City Charter for an
alderman who is unable to be present at a meeting to vote by proxy. City
Attorney Shapiro commented that the present Charter does not provide for
a proxy vote , but agreed to research the matter and report back.
NEW BUSINESS:
Lc ayes •
Alderman Saccucci commented that he would like all citizens warned to
watch for children playing under piles of leaves , in the interest of
safety.
Sales Tax Income
Mayor Conley announced that although the sales tax income for the city
has increased, the percentage of increase is down along with the anount
of sales tax revenue which comes to the city.
I
ADJOURNMENT:
On a motion, the meeting adjourned at 10 : 50 p.m.
•
4o4s 311 A. Rundle City Clerk E ward on aY Yor
401
COMMON COUNCIL PROCEEDINGS
City of Ithaca , New York
Regular Meeting 7 : 30 P.M. 1,cember 7 , 1977
PRESENT :
Mayor - Conley
Aldermen (10) - Boothroyd, Bordoni , Boronkay, Dennis , Gutenberger, Holman ,
jIerer, Nichols , Saccucci , Slattery
OTHERS PRESENT: •
CITYYController Daley Chief of Police - Herson
City Attorney - Shapiro City Clerk - Rundle
City Engineer - Cox
L0 Director, Youth Bureau - Cutia
Director, Planning F, Development - Van Cort
PLEDGE OF ALLEGIANCE :
Mayor Conley led all present in the Pledge of Allegiance to the American
flag.
In APPROVAL OF MINUTES :
in By Alderman Boronkay: Seconded by Alderman Bordoni
O RESOLVED, That the Minutes of the November 2 , 1977 meeting be approved
as recorded by the City Clerk.
Q ADDITIONS OR DELETIONS TO THE AGENDA:
Q Planning Development Committee
Alderman Meyer requested that one item be added to the agenda - a report
to the Planning f Development Committee concerning South Hill School Annex.
No alderman objected.
Budget Administration Committee
Alderman Dennis requested that two items , N and 0, be deleted from the --
agenda.
No alderman objected.
Human Services Committee
Alderman Boothroyd requested that one item be added to the agenda re-
garding application for matching funds for the County Youth Bureau.
No alderman objected.
COMMUNICATIONS :
W. Green Street/Meadow Street intersection
CC ty Clerk Rundle read the following communication to the Council :
"707 West Green Street
• - ' Ithaca, New York 14850
November 9 , 1977
Mr. H. Matthys Van Cort
Director of Planning
City Hall , 108 East Green Street •
Ithaca, New York 14850
Dear Mr. . Van Cort :
On the 700 block of West Green Street there is an intersection where
Green Street meets with Meadow Street .
It is really hard to get across at that spot. I really think a traffic
light at that corner is needed.
Thank you,
Sincerely,
•
Teresa Troy"
402
02 -2- December 7 , 1977
Resolution
By Alderman Gutenberger : Seconded by Alderman Boronkay
RESOLVED_ That the letter he referrel to the Board of Public Works , with
a copy being sent to the Planning U Development Committee of Council .
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE 'COUNCIL : •
Petition regarding Pyramid shuttle bus service
Mr. Steven Chaney, 619 Cascadilla Street , President of Tompkins County
Chapter of the National Federation of the Blind of New York State ,
presented a petition calling attention to the need for regular,ular, rel •
bus transport from downtown Ithaca to the Pyramid Mall . City Attorney
Shapiro read the petition as follows :
"WHEREAS:
1. The area within the Ithaca city limits contains a significantly large
population of elderly and handicapped people who , due to various
factors , lack a regularly scheduled and reliable transportation
alternative for travel between the downtown business district and
areas such as Pyramid, and other outlying sites that serve the citizens
of Ithaca.
2 . Many people in Ithaca who are not elderly or handicapped are put to
great inconvenience and/or expense when trips to locations of govern-
ment assistance or employment.
3. Many people outside Ithaca are unable to use the fine private and
public facilities . in Ithaca due to the lack of reliable , regularly
scheduled, low cost transportation.
WE, THE UNDERSIGNED, PETITION THE COMMON COUNCIL OF THE CITY OF ITHACA
to take the following actions :
1. Amendment of City Ordinances and regulations to make it possible for .
private business and other interested parties to establish and
' maintain mass transportation alternatives travelling between downtown
Ithaca and Pyramid Mall . Such amendments should allow the City to
retain sufficient control to ensure that such transportation services
are responsive to the public interest ,
2 . To the extent considered reasonable by Common Council , authorization
and appropriation of grants , loans , or other types of funding to
support permanent services described above . "
Mr. Chaney said he had two signatures on the original petition and will be
working toward getting as many more as possible . For the record, Mr,
Chaney commented that he was not presenting the petition on behalf of the
Tompkins County Chapter of the National Federation of the Blind of New
York State , but was presenting it on his own.
Discussion followed on the floor,
Resolution
By Alderman Meyer: Seconded by Alderman Holman
RESOLVED, That the petition be referred to the Council as a Whole.
After further discussion, a vote was taken on the resolution which resulted
as follows :
Ayes (2) - Holman , Meyer . j
Nays (7) Bordoni , Nichols , Dennis , Gutenberger, Boronkay, Slattery;
Saccucci
Motion Defeated
Alderman Gutenberger presented the following resolution , seconded by
Alderman Nichols :
RESOLVED, That the petition and subject be referred to the Budget &
Administration Committee for study and report back to the Council ,
After further discussion , a vote was taken on the resolution which resulted
-3- December 7 , c
as follows :
Ayes (6) Bordoni , Nichols , Dennis , Gutenberger , S1ai ery, .Saccucci
Nays (3) Boronkay, Holman, Meyer
Carried
Alderman Boothroyd arrived at the meeting at 8 : 08 p.m.
COMMUNICATIONS FROM THE MAYOR:
} Authorization and creation of position of Deputy Police Chief
Mayor Conley informed the Council that under the Budget & Administration
Committee agenda items he was requesting the. Council to authorize and create
the position of Deputy Police Chief in the Police Department . He said if
the position is created, he will immediately appoint the most qualified
captain in the department to that position , and after filling the position,
he will then ask Council to delete a captain' s position from the department
roster.
Appointments
,Board of Zoning Appeals
Mayor Conley requested the Council approve the appointment of William
in Wilcox, 705 East Buffalo Street , to the Board of Zoning Appeals to fill
0 the vacancy created by the resignation of Edgar Gasteiger who is going
Q out of the country, term to expire December 31 , 1979.
Q Resolution
By Alderman Nichols : Seconded by Alderman Saccucci.
RESOLVED, That this Council enthusiastically supports the nomination by
Mayor Conley of Mr. William Wilcox, 705 East Buffalo Street , to the Board
of Zoning Appeals , term to expire December 31 , 1979,
Carried Unanimously
Ithaca Housing Authority
For information of the Council , Mayor Conley announced that he appointed
Gregory Kasprzak, 314 Taylor Place , to fill the vacancy on the Ithaca
Housing Authority created by the resignation of Frank Baldwin, The term
expires October 17 , 1978 . He commented that he chose Mr, Kasprzak because
he is an architect with an engineering background, qualifications which
the Executive Director had indicated would be desirable in filling the
position.
For the record , Aldermen Slattery and Saccucci expressed enthusiastic
endorsement of Mr. Kasprzak for appointment to the position.
Police Department- -Police Commissioner
Mayor Conley informed the Council that he is appointing Frank Moore, 116 '
Dearborn Place , to fill the existing vacancy of police commissioner, Mr.
MOore is professor of mechanical and aerospace engineering , has absolutely
no .ties to the Police Department , and is familiar with administration, .
and Mayor Conley feels he will do a good job for the city. The term ex-
pires on December 31 , 1979 .
Alderman Bordoni expressed a regular endorsement of Mr. Moore for
appointment to the position.
Meeting - New Year' s Day
Mayor Conley reminded the Council that a special meeting will be held at
10 : 00 a. m. on January 1 , 1978 in Common Council Chambers , 108 East Green
Street , for the purpose of swearing in newly elected officers and
appointing committees .
CITY ATTORNEY' S REPORT :
City Atty. Shapiro reported that two law suits (one a zoning case , one
a code enforcement case) had been settled in the city' s favor. He
reported there are pending two Commons assessment suits , one concerning
suicide prevention on the city' s bridges , several suits by one woman which
are being handled by the insurance company, one suit concerning a retired
policeman and there are presently civil service matters under consideration.
404 -4- December 7, 1977
BUDGET $ ADMINISTRATION COMMITTEE :
Disbursement of federal flood control
� 'money
Ry ��dderm%n Gatenbcrgc: . Scc:;dried , ies. r
.:n Boothroyd
oyd
WHEREAS, on October 24 , 1975 , the Center for the Arts at Ithaca applied-
for funds from the Federal Disaster Assistance Program for flood damage
to the Hangar Theater, and
WHEREAS, the City of Ithaca has received $1 ,455 . 30 for said flood damage ;
NOW, THEREFORE , BE IT RESOLVED , That the City Controller be authorized
and directed to reimburse the Center for the Arts at Ithaca $1 ,455, 30 as
provided in the Federal Disaster Assistance Program.
A. vote on the resolution resulted as follows :
Ayes (.9) - Boothroyd, Bordoni , Boronkay, Dennis , Gi'tenberger, Meyer,
Nichols , Saccucci , Slattery
Abstention (1) - Holman
Carried
Transfer of Funds
By Alderman Gutenberger : Seconded by Alderman Dennis
RESOLVED, That •the following transfers of funds be approved: •
From F1990- -Contingent Account- -$10 ,000
To F8320- 1-101- -Watershed-Personal Services- -$10 ,000
From G1990- -Contingent Account- -$1p408
To G391-92--Cliff Street Sewer-= 1 ,408
Carried Unanimously
Equipment List amendments
By Alderman Gutenberger : Seconded by Alderman Saccucci
RESOLVED , That the 1977 Equipment List for the Building Department- -
A3620 , Account 210--Furniture & Furnishin ;;;s , be amended to eliminate
6 arm chairs and 1 4-drawer file and to include 2 desk chairs , 1 garment
rack and 1 storage cabinet ; and Account 220- -Office Equipment , be amended ,_,
to 1 desk calculator and 3 pocket-size calculators . No additional
appropriation is required.
Carried Unanimously -
rppr ,priiaation of state anti--recession money •
By Alderman Gutenberger : Seconded by Alderman Saccucci
WJREAS , The City of Ithaca has received $109 , 700 from the State of New
York Anti-recession Program, and
WHEREAS, it is necessary to expend said funds within six months of their
receipt ;
NOW, THEREFORE , BE IT RESOLVED,
1 . That this Common Council appropriates $109 , 700 to Account A3410-102
Fire Department- -Salaries
2 . That the effective date of this appropriation be October 26 , 1977.
Discussion followed on the floor. •
A vote on the resolution resulted as follows :
Carried Unanimously
I
Senior Citizens recreation contract
By Alderman Gutenberger : Seconded by Alderman Saccucci
RESOLVED, That the Mayor and City Clerk be and they are hereby authorized
and directed to execute an agreement with the Tompkins County Senior
Citizens Council , Inc. to provide recreation for the elderly for a sum
not to exceed $9 ,000 .
Carried Unanimously
-5- • December 7 , 4157
Health Insurance consultant appropriation
Fy Alderman Gutenberger : Seconded by Alderman Dennis
WHEREAS , this Common Council approved the recommendation of the Labor
Management Health Insurance Committee to investigate the .possibilities.
of a new health insurance plan on November 2 , 1977 , and
WHEREAS, it is necessary to appropriate money for consulting services
to investigate the City of Ithaca Health Insurance Plan ;
NOW, THEREFORE , BE IT RESOLVED,
1. That the Mayor and City Clerk be and they are hereby authorized
and directed to execute an agreement with the Independent Risk Manage-
ment Group , Inc. of Syracuse , New York.
2 . That $4 ,200 be appropriated in the 19''8 City of Ithaca Budget for
said services .
Carried Unanimously
in Voluntary Action Center proposal
Alderman .Gutenberger reported that he and Alderman Boothroyd had had
some conversations with the Center which had requested increased funding.
0 The committee ' s main recommendation referred the matter to the Human
Q Services Coalition to report back to the Budget & Administration Committee .
Q Fer information , Alderman Gutenberger said the Center is asking an addi-
• tional $4 ,500 from the City of Ithaca.
Salvation Army proposal
B Alderman Gutenberger : Seconded by Alderman Boothroyd
✓ EREAS, the Salvation Army intends to open a Temporary and Emergency
I6using Program in 1978 , and
1: EREAS, they have requested annual assistance from the county and city
I
f_=r funds to operate said program (county $25 , 000 , and city - $12 ,600) ;
•
THEREFORE , BE IT RESOLVED,
�• That this Common Council approves the appropriation of $3 , 150 in
the 1978 City of Ithaca Budget for the last quarter operation
expense of the Salvation Army Temporary and Emergency Housing Program.
That 'this Common Council commits the city to three years of participa-
tion in the operation expenses-.
That every effort be made to seek future funding from Community
Development funds , Revenue Sharing or other sources.
• scussion followed on the floor.
•
• vote on the resolution resulted as follows:
Carried Unanimously
Purchase of Seneca Street Ramp murals
I': Alderman Gutenberger : Seconded by Alderman Meyer
RESOLVED, That $200 be transferred from Al99.0 Contingent Account to A5650-B
Seneca Street Parking Ramp , Account 407 Contractual Services to purchase
four mural panels.
Discussion followed on the floor.
L.; A vote on the resolution resulted as follows :
Ayes (2) - Meyer, Saccucci
Nays (8). - Bordoni , Boothroyd, Nichols , Dennis , Gutenberger, Holman ,
Boronkay, Slattery
Motion Defeated
406 -6- December 7 , 1977
Capital Projects Review Procedure
By Alderman Gutenberger : Secondd by Alderman Dennis
ISE OLVED, That the following Capital P i o j eo is Review_ Pt ucedui e be referred
to the Charter and Ordinance Committee for inclusion in the City of Ithaca
Administrative Code :
1 . Recommendation to make the capital projects review process an ongoing
program, to wit : All requests for capital projects , regardless of
origin, must follow the Capital Projects Review Procedure as set forth
in the Administrative Code .
2 . The Capital Improvements Review Committee will be appointed by the
Mayor, with Common Council approval , at the January Common Council
meeting. Membership will consist of 2 representatives from the Common
Council , 2 representatives from the Board of Public Works and 2 -
representatives from the Pl-tuning and Development Board. The repre-
sentatives from the Common Council will be the chairmen of the Budget
and Administration and the Planning and Development Committees , or
their designees .
3. Recommendation that all capital projects be reviewed and approved in
three stages :
a. Program design: Each proposed project shall have- a complete
program developed prior to submission to the review process . The
program shall set forth the concept , alternate designs and esti-
mated costs .
b . Design Funding : Upon approval of the program design phase , the .
Capital Improvement Review Committee shall recommend to the Common
Council approval of the program and request funding for the design
phase.
c. Project Funding: After the design phase has been completed, the
project shall be reviewed and the committee shall make their
recommendation for funding to the Common Council .
d. It shall be the responsibility of each committee representative to
report back to his respective board or committee for recommendation
after each stage .
4. Emergency projects will be recommended on an individual basis ; others
- will be recommended as a part of a total annual capital projects
program.
Alderman Meyer offered the following amendment to the resolution , seconded
by Alderman Holman :
RESOLVED , That the following Capital Projects Review Procedure be referred
to the Charter and Ordinance Committee and the Planning and Development
Committee for inclusion in the City of Ithaca Administrative Code :
A vote on the amended resolution resulted as follows :
Ayes (2) - Meyer , Holman
Nays (8) - Bordoni , Boothroyd, Nichols , Dennis , Gutenberger , Boronkay,
Slattery, Saccucci.
Amendment Defeated
A vote on the original resolution resulted as follows :
Carried Unanimously
Closeout of capital projects
3Y-nlderman Gutenberger : Seconded by Alderman Boothroyd
RESOLVED, That the following capital projects accounts be closed:
Green Street Parking Ramp $ 5 , 296 . 57 - Reappropriated in •
Operating
DeWitt Park Beautification 402 . 93
:Fail Creek Ground Water Study 1 , 841 . 05
- 7- December 7 , 14K
Training Tower Rep. Imp. $ 148. 74
Bicentennial Celebration 4 , 143. 76 - Reappropriated to
Circle Greenway
Waterways Study 76. 74
Auburn Park 12 ,921 . 59
Commons Courtyard ' 50 ,000. 00
Discussion followed on the floor.
•—+ A vote on the resolution resulted as follows :
Carried Unanimously
Closeout of capital reserve accounts
By Alderman Gutenberger : Seconded by Alderman Dennis
RESOLVED, That the following capital reserve accounts be closed:
Municipal Buildings $ 6 , 323. 84
Municipal Garage 20 ,105 . 55
0 Carried Unanimously
a
Q Approval of appropriation for 1978 Board of Public Works productivity
Q improvement project
By Alderman Gutenberger: Seconded by Alderman Boothroyd
WHEREAS, the Board of Public Works propose to conduct a productivity
improvement project in 1978 , and
WHEREAS, it is necessary to proceed with the preparation and review
o contracts for professional services prior to January 1 , 1978 ;
i C;;, THEREFORE , BE ' IT RESOLVED, That this Common Council hereby approves
the appropriation of $42 , 500 in the 1978 City- of Ithaca Budget to provide •
professional services in conducting a productivity improvement project
for the entire Department of Public Works ,
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
Community Development Public Hearing
>, -Alderman Gutenberger : Seconded by Alderman Dennis
L :SOLVED , That the Common Council hold a public hearing at a special
: :< eting on January 25 , 1978 , at 7 : 30 p .m. in the Common Council Chambers ,
11.' 3 East ' Green Street , for the purpose of obtaining views of citizens on
- ;e proposed Community Development applications prior to adoption of a
a solution authorizing filing of the application (s) .
Carried Unanimously
Creation of the position of Deputy Police Chief
F Arderman Gutenberger: Seconded' by Alderman Boothroyd
RYSOLVED, That this Common Council hereby creates the position of Temporary
D 'puty Police Chief, said position to be included in the City Executive
Association contract at Grade S ($15 , 447-$21 , 987) of the Compensation Plan .
k Discussion followed on the floor.
t
A Local Law will be presented to Council to review the City of Ithaca
Municipal Code to include a Deputy City Chief and eliminate one captain.
A vote on the resolution resulted as follows :
Carried Unanimously
Audit
By Alderman Gutenberger : Seconded by Alderman Dennis
RESOLVED, That the bills audited and approved by the Budget and Admini-
stration Committee in the total amount of $38 , 989. 16 as listed. on Audit
Abstract (12/1977 be approved for payment .
Carried Unanimously
408 - 8- December 7 , 1977
Council recessed at 9 : 45 p.m.
Council l recon:rene into regular se-s4oT i:.lt 10 : 00 p.m.
CHARTER & ORDINANCE COMMITTEE :
Alderman Nichols introd.ucea the following amendment to Local Law No. 3,
1970 , seconded by Alderman Holman
COMMISSION FOR CONSERVATION OF THE ENVIRONMENT- -LOCAL LAW TO AMEND CHAPTER
106, WHICH WAS ORIGINALLY PASSED AS LOCAL LAW NUMBER THREE OF 1970
BE IT ORDAINED AND ENACTED BY The Common Council That Local Law Number
Three of 1970 entitled Chapter 106 , Commission for Conservation of the '
Environment , is hereby amended as follows : -
1) That Section 106 . 3 Membership shall read as follows :
A. The Commission shall consist of fifteen (15) members , of whom six (6)
shall be voting members appointed by the Mayor, subject to approval by the
Common Council , and the remainder shall be ex-officio members as provided
herein. All members shall be appointed for full terms of two years .
Persons residing within the City of Ithaca who are interested in the
improvement and preservation of environmental quality shall be eligible
for appointment as members of the Commission. All members of the
Commission shall have reached their sixteenth birthday on the day that
their appointment takes effect , and at least one voting member of the
Commission shall not have reached his or her twenty-second birthday. .
Vacancies on the commission shall be filled in the same manner as the
original appointment , • except that a vacancy occurring other than by the
expiration of the term of office shall be filled only for the remainder
of the unexpired term.
2) That the phrase (Conservation Advisory Council) shall be added.
to the title , Commission for Conservation of the Environment , in the •
heading of Chapter 106 and in Section 106 . 2 .
These changes will be made by Local Law, and they are hereby intro-
duced before the Common Council and laid upon the table for action at a `—.
future meeting of the Common Council .
Carried Unanimously
Trailbikes to be prohibited on city-owned streets , walkways , and parlands
By—Alderman—Nichols : Seconded by Alderman Bordoni
WHEREAS, excessive noise and environmental damage are caused by the riding
of motor__ _;ed vehicles known as trailbikes in the parks , gorge trails , and
other city-owned lands ,
NOW, THEREFORE , BE IT RESOLVED, That the Common Council does hereby
recommend to the City of Ithaca Board of Public Works that Section 241 . 9
of the Rules and Regulations of the Board of Public Works (Snowmobiles
Prohibited) be amended to read Snowmobiles and any other unauthorized •
motorized vehicles Prohibited.
Discussion followed on the floor.
A vote on the resolution resulted in the following :
Carried Unanimously
City of Ithaca Municipal Code
Alderman Nichols reported on several items which the committeehas been 1
working on (see below) . ' 1
Request for progress reji ort and update on schedule for publication of
handbocTk orernloyee rights , regulations , and grievance procedures
Alderman Nichols reported having met with City Clerk Rundle and Controller
Daley concerning centralized purchasing . They pointed out a couple of
places requiring amendment of the City Charter - they have met with the
City Attorney who is drawing up some local laws which the committee expect
to receive in December. Alderman Nichols asked for some indication from
the Budaet £, Administration Committee of when the handbook could be ready
roc inclusion in the Code .
-9- December 7 , 40$1 :
Request for direction from the Common Council concerning the two repre-
sentatives to the Tompkins County Youth Bureau Board who will represent
the City of Ithaca
Alderman Nichols commented that a list should be available to the Common
• Council so they will be aware of the city representation on the various
committees : the requirements or provisions for appointments and resigna-
tions , terms of office , membership , etc.
Noise Ordinance
4 Alderman Nichols reported progress is being made on the Noise Ordinance ;
j 'she and Alderman Holman met with two people from the N.Y. State Department
1 1 of Environmental Conservation who strongly implied that the committee is
v.., working in the right direction.
Notice that Ithaca Landmarks Preservation Commission has requested designa-_
tion of the Strand Theatre as an historic landmark
Alderman Nichols commented that the Charter F, Ordinance Committee would
like to hear from any Council member who may have strong feelings concerning
the designation of the Strand Theatre as an historic landmark.
LO
MAYOR' S APPOINTMENT :
IR Tompkins County Youth Bureau Board
O Mayor Conley expressed the desire to appoint Judge Betty Friedlander and
Q Detective Gerald Tucker to the Tompkins County Youth Bureau Board as
Q representatives of the city. He reported he has asked Don Culligan to
:i ggest the name of someone living in the city who could represent the city
..._d also tie in the school system' s youth and recreation efforts , in
addition to contacting individuals in northside-southside areas . Finally ,
there would be appointment of a member-at-large .
1:; scussion followed on the floor.
solution
- A_Lderman Boothroyd: Seconded by Alderman Bordoni
' • SOLVED, That the Council approve the appointment of Judge Betty Fried-
nder and. Detective Gerald Tucker to the Tompkins County Youth Bureau
a.rd as representatives of the city with the provision that the Budget
:I imi_nistration Committee recommend concerning the financial commitment
tective Tucker for attending meetings while not on duty , and that
vc Conley contact the county and ask that Judge Friedlander' s appoint-
• ent come as something other than as city designee .
Carried Unanimously
•
LANNING E; DEVELOPMENT COMMITTEE :
Uth Hill School Annex
Berman Meyer reported that the City Attorney feels there are certain
gal aspects of the South HIll Annex negotiations , and after the Planning
m.d Development Committee meeting, the negotiating group got together and
utlined a number of very logical reasons as to their .consideration for
�e city ' obtaining that property.
Discussion followed as to the intent of the original directive to the
'.'.ommittee .
Mayor Conley announced further discussion of the matter would be conducted
in an executive session of the Council .
HUMAN SERVICES COMMITTEE :
' 3moke and Heat Detectors
A derman Boothroyd reported that the committee had met and listened to the
Fire Chief on the issue of smoke and heat detectors as they pertain to
the Code and will make a report to the Council when it is completed.
Intersection of S. Aurora St and Hillview Place
Alderman Boothroyd reported hearing from concerned citizens on South Hill ,
expressing concern over the matter of the intersection of South Aurora
- and Ilillview Place . The committee is presently waiting on recommendations
;of the Department and Board of Public Works before taking any further action
410 -10- December 7 , 1977
Ajr_p_lication for Division of Youth funds
By Alderman Boothroyd: Seconded by Alderman Saccucci
The Ithaca. Youth Burp;;u in r'nnnnration with the Tomsk-ins county Probation
Department is applying , through the Tompkins County Youth Bureau, for
Division for Youth funds in the amount of $19 ,446 . 00 , which will be used
in a Probation Employment Program. If approved between 6-12 youth who
have been in trouble with the law will be placed in either public or
private work sites and will be paid out of program funds .
This program will allow for the employment of hard to place youngsters
who under ordinary circumstances would have difficulty making work
adjustments . The program is an experimental attempt at guiding young
people back into the mainstream of community life .
The following resolution will authorize the Youth Bureau to make appli-
cation for funds and enter into an agreement with the Tompkins County
Probation Department and Tompkins County Youth Bureau for assistance in
operating the program and receiving the funds from the New York State
Division for Youth. All program expenses for this program are 100%
reimburseable up to $19 ,466. 00 . The proposed budget will not exceed
$19 , 446. 00.
BE IT RESOLVED , That the Mayor is authorized to sign the Local Assistance
Countercyclical Employment program application and that the Youth Bureau,
upon approval of the application by the New York State Division for Youth,
be authorized to enter into an agreement with the Tompkins County Youth
Bureau and Tompkins County Probation Department so that funding may be
channeled through the Tompkins County Youth Bureau.
Discussion followed on the floor.
A vote on the resolution resulted as follows :
Carried Unanimously
INTERGOVERNMENTAL RELATIONS COMMITTEE :
Fire Coordinators contract with the County
Alderman Dennis reported that Fire Chief Weaver indicated to him that it
would not be worthwhile at this time to renegotiate that particular
contract for any increase in the county' s share .
Town of Tthaca Fire Contract
Aderman Dennis reporfecFhat Fire Chief Weaver indicated he is satisfied
with the present contract with the Town of Ithaca,
ENVIRONMENTAL COMMISSION :
A"i de-ifmal Holman reported on the commission' s work on bikeways and their
intention of reviewing permits with the Planning Department .
REPORTS OF SPECIAL COMMITTEES :
UT an Renewal Agency
Ai.derman Dennis presented a progress report on the Urban Renewal Agency
development of the Ithaca Center.
UNFINISHED AND MISCELLANEOUS BUSTNESS :
P ue'st _-1 cir School Crossing Guard
m
Alderan Saccucci presented a petition from several parents residing in
the vicinity of Central School for a school crossing guard at the corner
of Plain and Buffalo Streets ,
Mayor 'Conley asked Alderman Saccucci to direct the petition to the Police,
Chief with a request for a response which could be brought to the next
meeting of the Council ,
Cover over Helix Green Street Parking Ramp
,
_en_—_Saccucc_i commented t��-..----- __fa I�t several people have contacted him re-
garding their reluctance to use the Green Street. Parking Ramp during
had weather. Mr. Saccucci suggested that the city consider covering the
open portion of the helix to encourage people to shop downtown and stimu-
late more business for the downtown merchants . This would increase sales
tax revenue for the city.
- 1.1- December 7 , 411
Resolution
By Alderman Saccucci : Seconded by Alderman Slattery
RESOLVED , That the possibility of covering the open portion of the helix
on the Green Street Parking Ramp to encourage more people . to shop downtown
be referred to the Board of Public Works .
Carried Unanimously
NEW BUSINESS :
Executive Session
Mayor Conley asked for a vote on an Executive Session to discuss the
,South Hill School Annex which resulted as follows :
Ayes (8) - Meyer , Dennis , Gutenberger , Holman , Boronkay, Nichols ,
Slattery , Saccucci
Nays (2) - Bordoni , Boothroyd
Carried
ADJOURNMENT :
Council adjourned into Executive Session at 11 : 03 p .m. to discuss the
in South Hill School Annex.
In Council adjourned from Executive Session at 11 : 25 p .m.
0
ICE
a
CE
LAti al k'it/J,9
-,
aTedi°
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....j J; sep 1 Rundle , City Clerk Edward J. . ley, Ma or
,j -
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. ,//..N
413
COMMON COUNCIL PROCEEDINGS
City of Ithaca , New York
Special Meeting 7 : 30 P.M. December 28 , 1977
PRESENT :
Mayor
. Conley
Aldermen (7) - Boronkay , Dennis , Gutenberger , Meyer , Nichols , Saccucci ,
Slattery
' ABSENT :
Ai imen (3) - Boothroyd, Bordoni , Holman
OTHERS HERS PRESENT :
Cy Controller - Daley
C1ty Engineer - Cox
re Chief - Weaver
-ector, Planning F, Development - Van Cort
Iding Commissioner - Hoard
In t. Supt . of Public Works - Dougherty
in t . of Public Works - Dingman .
enn:�ng Consultant - MacDougall
0 Y• Attorney - Shapiro
'Cr y Clerk - Rundle .
Q
Q . DGE OF ALLEGIANCE :
: or Conley led all present in the Pledge of Allegiance to the American
ig
UTE S :
Alderman Dennis : Seconded by Alderman Slattery
OLV :D, That the Minutes of the December 7 , 19771 meeting be approved
recorded by the City Clerk.
` —� Carried Unanimously
�� ;SONS APPEARING BEFORE THE COUNCIL :
'its and improvements to softball fields in Cass Park
Marshall Sidle , 211 W. Lincoln Street , addressed the Council concerning
tts and better field conditions at Cass Park. He said representatives
the softball league had numerous discussions with the city and the Youth
Beau in the summer in respect to this and they were led to believe that
s would be put through this year.
e league has raised $6 , 000 toward this ; another $12 , 000 worth of labor
.s been donated by the electrician ' s union ; and the league expects to raise
iinimum of $ 2 , 000 this year, all of which they are willing to donate to
city 'for this project.
- Sidle said in the past the league, has allocated money and nothing has.
n done with it. However, now they have new people and *are trying to get
rse lights for the city. He said he has been designated commissioner for
mpkins , Tioga and Schuyler counties , which will allow the league to bring
- -ornaments into the city which will produce revenue in and around the city.
',e Women' s Slow Pitch Tournament and the Men' s Slow Pitch Tournament have
:,n scheduled for 1978 ; in the future they can get regional tournaments
ich will lead up to national tournaments . State tournaments bring in
-- 500 people , normally , for the entire weekend which will bring in revenue
1
' ,r the city.
LT. Sidle said he understood the tentative budget is now set for $10 , 000 for
;sign. During meetings with Supt . Dingman and Mayor Conley , most of the
roject has been discussed and he said he feels at this time some definite
ction should be taken instead of putting it off year after year. He said
;:dere are over 600 people presently in the association and more are expected; i
ere were 42 teams last year. They played Sunday games in Cass and Stewart
Warks , but have outgrown themselves . With lights , more games can be
cheduled , more people can be involved. Last year it was limited to t;,:.
°_mount of teams which could be facilitated. So far this year there are marry
.il "e teams tLat want to got into i r-; ii.ugi.... but.. :he o iL; not
r�'cm 'E`...�r r.. ., .
f lights were provided, three games per night , instead of could be
allayed, which would provide recreation for more people .
•
414 -� December 28 , 1977
He said Harry Evans , who has been associated with the tournaments outside
of Ithaca , can give more information concerning the State , regional and
district tournaments . He said the league and Supt . Dingman have conducted
a lot of study concerning mixture for the field , lights , etc.
BUDGET AND ADMINISTRATION COMMITTEE.:
Adoption of ]978 City of - ._tliaca 'r er.tati-ve Budget
By Alderman Gutenberger : Seconded by Alderman Bennis
RESOLVED , That the City of Ithaca Tentative Budget for 1978 in the total
amount of $11 , 290 , 060 be approved, and
BE IT FURTHER RESOLVED , That the following sections of the 1978 Tentative 1
City Budget be approved:
(a) General Fund Appropriations
(b) Revenue Sharing Fund Appropriations
(c) Water Fund Appropriations
(d) Sewer Fund Appropriations
(e) Debt Retirement Schedule
(f) Capital Budget
(g) Schedule of Salaries and Positions - General Fund
(h) Schedule of Salaries and Positionsn- Water and Sewer Funds
(i) Authorized Equipment Purchases General Fund •
(j ) Authorized Equipment Purchases - Water Fund
(k) Authorized Equipment Purchases - Sewer Fund
Amendment to the Resolution
By Alderman Saccucci : Seconded by Alderman Nichols
RESOLVED, That the capital project , Cass Park Softball Fields G , Tennis Court
Lighting , be increased by '$61 , 000 , which will permit the work to be done in
the coming year (on the softball fields) .
- Discussion followed on the floor.
A vote on the resolution resulted as follows :
Ayes (4) - Nichols , Gutenberger , Boronkay , Saccucci
Nays (3) - Meyer , Dennis , Slattery
Carried
Controller Daley reviewed the 1978 Budget Highlights as follows :
1 . OFFICE FURNITURE AND EQUIPMENT
(a) Concentrate on refurbishing one or two offices each year (Super-
intendent ' s and Deputy City Clerk' s) .
(b) Utilize all existing furniture and equipment (6 chairs in Mayor' s
Conference Room to Finance Department for clerical chairs ; reeoests
for 1.6 tables - use tables which are used for election) .
2 . FIXED ASSET INVENTORY C, ESTABLISHING VALUES
(a:) State-mandated program effective 1 - 1- 78 ; consultant ' s estimated
cost - $ 20 , 000 .
3. CENTRALIZED nE n SOhN I r DEPARTMENT
('I New position created- in the Finance Department budget ; appropri-
ation for 2/3 annual s Bary of $1.5 ,500 .
4 . STUDY OP THE DEPARTMENT OF PUBLIC WORKS
747-^4 , 5 9 �i L v�iria fid r . St"Ucv by Span?er Associat.es.
RTMENT
EL AND EQUIPMENT_
((a?S . POLICE
)+;aIle \rgUestTlfor`,five additional police officers pending flu.ir j
of existing vacancies .
(b) Granted three replacement vehicles and one new vehicle . Department
q cst d five r p apemen s and one new.
(c) Eliminated a palieewoman position , one dispatcher position and one
captain position . Increased the police officer complement by two
pus it i Oris .
6 . tD i\( 4I PnoLS
(,; i pj iminatc`d the last mini pool from the budget .,
�- 41.5
December 2,.8 ,
7 ChTA WORKERS
(a) Hired 13 CETA workers (one in Civil Service , one in Planning and
eleven in the Youth Bureau) .
(b) One hundred percent reimbursable
8 . UNEMPLOYMENT INSURANCE
7a)cif: . must part eip ite in unemployment payments effective 1- 1- 78
(estimate $ 50, 000) .
f9 . SPCA CONTRACT
1 _a) Original request for $ 26 , 417 fur existing services ilicree' _d to
$ 31 , 767 for one extra person covering an additional 40 hours .
10 . CAPITAL PROJECTS
Eliminated
Cass Park Rink and Lobby Expansion - $10 , 000; $12 , 000 in Account .
Bikeway System - $5 , 000 ; $ 5 , 000 in Account .
Elmira Road Improvements - $200 , 000 ; adequate money available .
LO Stewart Park Water Quality Study - $10 , 000 ; need questionable .
Park Reserve - $20 , 000 ; $10 , 000 plus balance in Account .
In
0 Reduced
Q Cass Park Softball Fields T, Tennis Court Lighting - $95 , 000 ; reduced
Q to $10 , 000 for more definitive information and possibility of 50'
grant from BOR.
Q Peripheral Streets Improvement - $475 , 000 ; reduced to $275 , 000 which
is adequate for 1978 construction. Present Account Balance - S338 , 141 . 23 .
Collegetown Improvements - $250 , 000 ; reduced to $150 , 000 which is
adequate for 1978 construction. Architect hired. _
Every effort was made to stabilize the tax rate at $ 20/$1 ,000 .
— -or Conley expressed thanks to the Budget and Administration Committee
L' i the work they had put into the budget . He commented that if the city Lgoing to continue to work toward the $20/$1 , 000 tax rate for the 1979
,_Eget , the committee is going to have to start working right after the
est of the year to look for ways to save money and cut costs . The city
• been utilizing surpluses and the surpluses have been dwindling ; there--
.r it will be necessary to make some very hard decisions . Hopefully ,
• Spanier study, work with the Police and other critical departments in
• city can be done during the year so that next year the budget process
11 be easier.
derman Cutenberger commented that Budget and Administration Committee
not reviewed the Water and Sewer Budgets . '
ter further discussion , the question of the adoption of the foregoing
. solution was duly put to a vote on roll call , which resulted as follows-:
Gutenberger Aye Dennis Aye
Saccucci Aye Meyer Aye
Nichols Aye Slattery Aye
Boronkay Aye
Ayes - 7 .
Nays - 0
Absent 3 - Boothroyd , Bordoni , Holman
Carried Unanimously
tie Council adjourned into Executive Session at 9 : 10 p .m. to discuss
rem B of the Agenda .
he Council reconvened in Regular session at 9 : 30 p . m.
l ari es and Renef i is for employees not covered by _contract
_i de rman Gutcnbe l ge r presented. cue m6ided YC ulUt 1 Jn- its 1olloids : '
,econded by Alderman Saccucci
:OW, THEREFORE BE IT R.ESOL 'ED, That those employees who are not rear .s,
I Y .- , . .,I. ..
formal unions be g
1
granted compensation for the year 1978 aS 1:o_i w !,)t;! -.
I
-4 - December 28 , 1' 977
416
Administrative Secretary
(Mayor' s Office) 1977 Salary plus 6%
A_dmi-aistrative Secretary
(Police Chief' s Office) 1977 Salary plus 6%
Administrative Secretary
(Supt. . of Public Works Office) 1977 Salary plus 6%
Administrative Secretary
(Planning Office) Non-Union Compensation Plan Step 7
Administrative Secretary
(Building Commissioner' s Office) Non-Union Compensation Plan Step 8
Administrative Secretary
(Youth Bureau Office) Non-Union Compensation Plan Step 3
Golf Course Manager Nor- Union Compensation Plan Step 6
Civil Service Secretary Non-Union Compensation Plan Step 6
Police Chief Non-Union Compensation Plan Step 5 '
Fire Chief Non-Union Compensation Plan Step 0
Supt . of Public Works Non-Union Compensation Plan Step 9
City Controller Non-Union Compensation Plan Step 9
BE IT FURTHER RESOLVED , That these employees have the same benefits as set
forth in the City Executive Association contract adopted July 28 , 1976 .
AND BE IT FURTHER RESOLVED , That the 1978 Executive Union Compensation
Plan be amended to change the Building Commissioner ' s compensation from
Grade 2 , Step VII to Grade 4 , Step IV.
Discussic,e followed on the floor.
The clues on. of the adoption of the foregoing resolution was duly put to
a ',PAC IJ roll call , which resultedas follows :
Cuter )erger Aye Dennis Aye
Aye Meyer Aye
Nic;.o.Is Aye Slattery Aye
Boronkay Aye
Ayes -
Nays - 0 L..�
Absent 3 - Boothroyd, Bo .d.oni , Holman
Carried inanimously
1
„v A 1 .ei ,an Gutenberger : Seconded by Aide cman Boronkay
RESBL ED , Thal. the bills audited and approved by the Budget and Admin stra-
1. or} Committee in the tni-al amount of `S2O , 60T. . 86 as listed on Audit
Abstract #13/1977 be approved for payment .
Carried Unanimously
Pa:lendmen t to Pers iael_ Roster for Planning and Development Department
kv L c� 1'IP in' J.�:.L U l' 1 ,'
'_, 'r : t ( t_?,f:;' i n 1 a 1
.. ------—
11<�' . .. T Department
-'I l Mat.. t t�- e I r.m o n.-- 1'1 - the P r. i and e - e 7 1(i '�.1
I
'; 1,.L./, A 1 1 Q 1� i.,f 1 L ;-�.,A .J�.�I i I L.L �. 1` t G x .i U r l 1 � U.�. .t.� � 1.i 'v'f �.�i I:f,a L
Dep merit be amend -d to include a part-time secretary.
DLsc'; = sin .Fo loved. en the floor.
[ On the ai,1endmeat re'sul f,'. ' as Follows :
Carried Unanimously
i r a ?Il e application for a SO?;
1 cu "1 r a l piersertv taxes u uan L to 3 L)7 of the Reil Prope t,
ane on 10 , i'7 the app i ; cat:ion gas approved, and
i C,`I 1- c4 �7t r: i 1 s : -,1 f ' ;j1 +a'(' ").02 Center ,e c i. tax rn a p 8 0- 4- l 1 City
of ' .... ?C<! in i.}`•.':' ,1'C';T-1; ci ,,, '3 , l_ /5 .'F}.`' elititted en the 1117 assessment roll
t h i} i r •_ l or Ace it1' i,1: e.e,- iimends that the assC _;sed `.'i+ I1v ion
.
is I
1 r}Y'1.t� ')" ,chand r.;r .,I �1U 1 i �� �3�.'�i tc a �. , i / to reflect a
t�
_ XLmp't i ul ;
/ .
/ .
i .417
- 5 - b, c.emor 2X ,
v.., ., TliTForF , u. 11 RESOLVE1) , That this Comn Council approves the
.:.11; PC Of asse!-;smnt for 202 Center Street. tax map 1/ 80- 4- 11 from
J.) , !...,0 to $ 5 , l75 , and
TT RTUIT. prsomo , That the City Chamberlain be autheiized and directed
o efund. `,',103. 50 to Kearney Aihslee , 202 Center Stroet , for o,ferpayment of
ty. taxey:. .
Carried Unanimously
;L\ ?." AND ORDINANCE O0' .'lITTEr :
- uL .on. Lo lH ift FYG table : nendment to Local Law No . 3 , 1970 , Commission
, Cohservtion of tui Environment
i
Al..de-i::.Lx,1 Ni.ccii. : Seconded ha Alderman Meyer
1..;30LVED , That tb':2. Amondment to Local Law No . 5 , 1970 , Commission for
....onservatioh of the Environment be lifted from the table .
Carried Unanimously
CSO';,
...,v Aldf...,.: n Nichols : Seconded bv Alderman DeililiS •
II IT riTAINED !AND ENACTVD BY The Common Council That Local Law Number
',..hr . of 1970 entitled Chapter 106 , Commission for Conservation of the
brri ::•••..nment , is hereby amended as follows :
That Section 106 . 3 'Memborship ' shall read as follows :
o
Act .:: Commission. .-,hall consist of fifteen (15) members , of whom six (6) •
,trH : •
1-,e voting members appointed by the i'layor , subject to approval by the
- -, • .•
Council , and the remainder shall be ex-officio members as provided
hosi-i. • . Ali membeT a shall be appointedfor full terms of two years .
Per ... ... a sidin within the City of Ithaca who are interestedin the
i-..:Iy_y . i.. nt and preervation of environmental quality shall be eligible
for ... .. cihtmentas members of the Commission . All members of the
Com . -....ion shall have reached their sixteenth biTthday on the day that
thea • -::12ointment takes effect , an,...', •11.-.: least ,-.--- e. voLinT, memact of the
Cc•ri.,-;.' .,Ion shall not have reached his or her • •.yhty-second birthday .
V.----•i-. _es onthe coPmission shall be filled i!:. Jlo, same manner as the .
cl, 2 %11 appointment , except that a vacancy (:),:, ,.:i'f•fring other than by the
C L ......tion oF, the term of office shall be. filled only for the remainder
Li
c. . LH.• unexpired term.
That the phrase (Conscrvatinn Advisory CounciT) shall. be added
to V-. title , Commission for Conservation of the Envi :onment , in the
head „ : of Chapter 106 and in Section 106 . 2 .
. -
This Local Law shall take effect immediately after filing in
the C ' ice of Secretary of State .
Carried Unanimously
ADJOT, „HINT : . .
lOn a. •• • tion the meeting adjourned at 9 : 40 p .m.
t
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,. -:_i,c ,,1 A.• Rundle , City Clerk'-- ___ ____________ _____ _ ____
... ) i 1 Edward J . 2,onlev , !,-iyor