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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 r % r _ :., ._ 1 :-::. 'r. ,,t,rvr* R9'.';4+'+ , N117,x,4 f*. 0. ., s�.,r-¢•v` -8"rs . -l. ' •:3;. .. - 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 �-. -..•.Tv:.eT..a 11:Y41B:4".ti�lb'Y+lf► Si?.>:SMd95:sbS.i1.VCX`w+.t'r:.:'2t,:R.:.0 .. hI-^A:"V°YiP.±arYwv/t1.;a.".'1iwANiw+K:aavni+.b..mac°rw'., "..;6fiP1C:.Y.lwmWx..'.w.:weY..N:.+evla.:eue .,..sd:tlWus':wNRUA.RMK.I..a..n+w...:... ..` 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 '.....o . I . L... • '-' A , .--- CH.ARTE HD ORDMACJIT] I?IC - AGETA]...:A ITEM XII A ,---.._ 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: . . ! . . . . , . . , 1 - ! . . .... 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. • . .. : . , 1 (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 cl _ 71.1,•;•;•:. 1.:(1 .71`). 101.V.Cd tinii.a clor, # • ••• .•- _. • .... •-,- ,••••' '1•••••,• F — L 4, : v,• . "" " 1 "1` 1-';• int )t (3.'. •••.) • 275 .. ikpri.1 ( , 39T7 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 1.;itN 17..kf.7” ef 1.01. thf.": trs, Cf3.1 • • IT f2o Acouc: •`•„.•,; .A. Ayes ••;:.„C.:1 (I) 7 0 n&'..-:!TsT.,:;C who an ,:„"•• • • 117? '' • • C.;-.2 ji‘c'r!'!•:7- . , • •"f: • 276 • 1 6 77 - Lr:"J :,..•••I ; - • y 7 O•c: •‘' Ci .... "':;r::1erl '• - •••-• .• . . . . •-•-; f-' jcjri , . _• , , 1:111= II :( '• • 1•'• " p• •7, a 5 , . It ;10 (1•:!"; 7-+ F.'.2 •.‘ •• v !). -• II 1•"1 e t,;.1•1• , -• • • ••:••C.7 .1..Z.. f711;..)'..+:0 LS 3 S 3 1•;'. )17)1. ( i.fy, fi'.1'f0bY v9; ty, ! 1;6 :Icy -:: he-5.00.f. . -4.'• • C t'Yr e f:•.:C'Ef2. i SOf..ril'IT ':.-..1.1!...)••21.7; 20 • • • . a 0; •T•n•-• of 11-7.,,Ir7-L., .D41 7 ; "• !Y.'.y.77: 1-'11: It •1 1....H. I IL f:.•1 . , • (4. - - f\I-Yc.11 277 : • "," • •- !•• +'. .••• • 711 „It ..1.;•••••••-;. i7;$ . • I:;11 f."0(1' <;;;:, • (.1; j• • 0: ;* LC) rrt.'! •. 1"; 4CC ' C:( "1j V•f-.• • • , • f , j"; •."1 . . — • ;-; ......_ . . sr • • • - • • .. • " . , i.•2; . , , . , ,• ; . . . . . • . ••- • ,. . „ ' " ' •'., . " . • . , _ 278 • • • , . • . , , • „., •••„. •• • • , . • _ . . . „ . kl„:H • •-••••, . •• •- , , -::;.-...'•'•,••••'.;•,;;;... '; • :•••!••.';'.; '' ••••• T 'L'ViV . • • .. • • • • • •• , • • ••.,„ . . . . ••• . , 279, . - . . . _ = • L . • : • • ; • • • '' - - 9. •. , - , , • . _ . . - • • . • ,•, • ' •- . , , • . , , . , • , , . , • 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 a a tse h A. Rundle , City Clerk Edward . Con ey ayor • le.=eYJ �.araR:+ll�+reltrwr*rs-:'�mzr.•acl�r.^�s*K: .+ex.�•:w•- •:.T•.w s»e-.. • 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. • _ t,.4--- J 370 August 17 , 1977 ADJOURNMENT : On a motion the meeting adjourned at 9 : 43 p.m. • - • 4)erPRundle , City Clerk Edward J. onley, Mayor ( • • • • • • „1, 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 • 0 a a Q r A,47,/e./ 61 ekvtige,- ......... -4, -,'0„, Jeph A. Rundle , City Clerk Edwar• J. Conle Mayor • • • Ld . . 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° -- ....j J; sep 1 Rundle , City Clerk Edward J. . ley, Ma or ,j - , , _ , . ,//..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 - . , i 1 . ,---- - ,. -:_i,c ,,1 A.• Rundle , City Clerk'-- ___ ____________ _____ _ ____ ... ) i 1 Edward J . 2,onlev , !,-iyor