HomeMy WebLinkAboutScope - Authority of BPW InformationCITY OF ITHACA
TOMPKINS COUNTY
ITHACA, NEW YORK 14850
orrice or TELE7140NE: AR 2 -1713
CITY CLERK CODE 607
PUBLIC 11- ARI;1IG
Take Notice, that the Mayor will hold a public hearing at 4:00 p.m. on
Wednesday, January 19, 1972, in the Common Council Chamber at City Sall,
108 East Green Street to hear anyone interested in two (2) proposed
local laws which were approved by Common Council on January 5, 1972, as
follows:
1) A Local Law to amend Section 123 of the City Charter, Sec. 5 -17
as codified, providing for scope and authority of the Board of
Public Works.
2) A Local Law amending Section 142 of the City Charter, Sec. 5 -41 .
as codified, relating to the sale of water to premises outside
the City.
Copies of these proposed Local Laws are on file in the office of the
City Clerk where they are omen for inspection.
January 10, 1972
Geo. A. Blean
City Clerk
December 298 1971
MEMO: Re: Local Laws
FROM: City Clerk
TO: Mayor, Aldermen and City Attorney
Enclosed are copies of two proposed Local Laws as follows:
1) A Local Law amending Sec. 5 -17 of the City Charter, as codified, providing for
the scope and authority of the Board of Public Works.
2) A Local Law amending Sec. S -41 of the City Charter, as codified, providing for
the right to sell water for premises outside the City.
These proposed Local Laws were prepared by Alderman Robinson who laid them on your desks
in City Hall on December 28, 1971, and requested that they be placed on the Council's
agenda for action on January S. 1972.
o. A. dean, City Cler
I
A LOCAL LAW TO AMEND SECTION 123 OF THE CITY CHARTER, SEC. 5 -17, AS CODIFIED
PROVIDING FOR SCOPE AND AUTHORITY OF THE BOARD OF PUBLIC WORKS
The Board of Public Works shall take charge and, subject to the limitations herein
contained, have control, subject to the direction and review of Coamon Council, of
the following departments of the City government, of the property belonging thereto,
and of the appropriations made therefor;
1) Water, except that it shall not in any manner fluoride the water under the control
of the water department of the city government
2) Sewers and drains
3) Streets and sidewalks
4) Creeks and bridges
5) Street lighting
6) Parks
7) Cemeteries
8) Garbage
9) Public buildings and property, but not buildings or property for use of the Fire
Department
10) Such other departments as may be assigned to the Board under the provisions of
Section one hundred and forty -five (5 -43)as codified of this act.
A LOCAL LAW TO AMEND SECTION 142 OF THE CITY CHARTER, SEC. 5 -41, AS CODIFIED
RELATING TO THE SALE OF WATER TO PREMISES OUTSIDE THE CITY
Said Board of Public Works may, in behalf of the City, grant to a corporation or
individual outside of the City, the right to make connections with the water mains
for the purpose of drawing water therefrom, and shall fix the prices and conditions
therefor; but the Board shall not sell or permit such use of water if or when thereby
the supply or pressure for the City or its inhabitants will be insufficient, and may
discontinue or terminate such sale or use at any time, however, such determination
of the Board shall be subject to the review and approval of the Common Council.
the C tenon Council may direct the Board to sell water outside the City if the Common
Council shall determine the supply of water to be adequate.
A LOCAL LAW TO AMEND SECTION 123 OF THE CITY CHARTER, SEC. 5 -17, AS CODIFIED
PROVIDING FOR SCOPE AND AUTHORITY OF THE BOARD OF PUBLIC WORKS
The Board of Public Works shall take charge and, subject to the limitations herein
contained, have control, subject to the directi9A__an4_review of Common Council, of
the following departments of the City government; -of -the property t* ongLng thereto,
and of the appropriations made therefor:
1) Water, except that it shall not in any manner fluoride the water under the control
of the water department of the city government
2) Sewers and drains
3) Streets and sidewalks'
k) Creeks and bridges
5) Street lighting_
6) Parks
7) Cemeteries
8) Garbage',
9) Public buildings and property, but not buildings or property for use of the Fire
Department
10) Such other departments as may be assigned to the Board under the provisions of
Section one hundred and forty -five (5 -43)as codified of this act.
,f�,:
A LOCAL LAW TO AMEND SECTION 142 OF THE CITY CHARTER, SEC. 5 -41, AS CODIFIED
RELATING TO THE SALE OF WATER TO PREMISES OUTSIDE THE CITY
Said Board of Public Works may,;4n behalf of the City, grant to a corporation or
individual outside �kf the City, the right to make connections with the water mains
for the purpose of drawing water therefrom, and shall fix the prices and conditions
therefor; but the Board shall not sell or permit such use of water if or When thereby
the supply or pressure for the City or its inhabitants will be insufficient, and may
discontinue or terminate such sale or use at any time +,'Xawever, such determination
of the Board shall be subject to the review and approval of the Common Council.
The C,,=, cn Council may direct the Board to sell water outside the City if the Common
Council shall determine the supply of water to be adequate.
PUBLIC HV RING - LOCAL LAKS :Amending Secs. 1 23 and 111 of the City Charter
,lanvary 19, 197?
T 4:00 p.m.
PI ACE Council Chamber, City Hall
PRESENT: 'iayor - Conley
Attorney - Gersh
Clerk - Bl.ean Deputy Clerk - Grey
Aldermen (7) - Schmidt, Spano, Gutenher7er, Robinson, Nichols, Slattery, .tones
Members of Rd. of Public Works (5) - Putney, Colder, Clones, Leary, noivning
Dept. Fleads - Supt. of Public. Works- Din1man, :Asst. Supt.- Hannin, Asst, to Sunt.-
Dougherty, City Engineer- Schlieder, Controller- Russell, Parks Supervisor -Lynch
I: idition to those listed above several others were present including lunna Johns, former ''ayor,
Adelhert Iaall, Carl Yengo and Dave Spperstone, all former members of the Board of Public. Works.
`Mayor Conley opened the public hearing at 4:10 p.m. and explained it had been advertised in ac-
cordance with Sec. 20 of the "un. Home Rule Law to afford persons interested therein to express
t'hei.r views on the proposed laws.
Hlr a Johns, Fx- ,favor: Ile felt it was a very important change and that it was a cheap political
V ,ver nn the tart of Alderman Robinson who prenared and presented the laws. He felt they had
been acted capon in haste without afford.in7 ample time for their review ,particularly by the
Aldermen -elect who had not assumed office until January 1, IP77. He fel E the Ji7 sp which had been
defeated twice *already, had not been pissed by the required majority on January SQ, He also felt
the Hoard should be continued as a bi- partisan group - in nnder to permit It to mile its decisions
f� from of i* ci
i 9 hert H"ll (former member of Roarj 1 . He felt the B oar( Cone tit"tn i one or the most i my
r- tn.r
7r dies '.>t local 7overnnent and that it had been instr"mertgl in the past in c-qv07 Qo city 11---
a7oults of money. Don't tie its hands he saij.
Alvin Kne peer: ''`r Kne per read a len7thy prepared statement (cop`' . ttnche it 071 tin+. V ".
to - illo'l demncrPtic procedures by either pnesentinr the matter it referendum Or getting ir7t .
fl- the public through ., new inn�vi •n. f 1 s '.n T. as � 41 to through ti n n.` l..ln`" CC` titer r-�rrl� to g„t u; .], rea!'tlnn rtn.,nc
of mr j or importance such is th ,s a
I +avid Sa,,erstone (forger member of Board): He felt the Board 'tad always acted with vision and
deliberation before acting on projects or major importance while the Council hid snmetimes anted
i
hastily res"Iting n costly mistakes. It felt the laws were not in the best interest of the City
and ,Z, 7eO "ayor Conley not to sign them.
F_a iannan Asst. Suet, of Public Works: He presented and read a prepared statement (copy
- � � � , � �-- a ed, would brim, o. i ical pressu. on the Board n1 to f-
w' 4_ :tie.„ . llE' i E It the lawC i T ?!Z rt , l�:. r• n _ i t' pressure a on. g F_
and that this Mould in turn make it difficult to attract competent professional stnfr people to
the City in the future.
Richard Putney: Yelber of Board: The Board serving under the 1908 Charter has served the City
well until 2 ,years a7o, when Council proposed to amend the Charter to delete the Rnarrl's ,q ers.
If you want a change, don't let it go through as a railroad deal - leave it to the people.
Jo_ C. Clones Board "P'»' er: A ren' a prepare* statement s77ne,. y 'Imes r, rrnves, Chairman. of
1, _ a fns County Board of Supervisors (statement attached). It aarged the 4'ayor not to sign the
lases but to reject thee.
`.!. Leary !aember of Board: He felt he and other members of the Board, both ,resent and past,
deserved some consideration for their services to the City, given without cn- p ?nnation,. Pe ton
felt the laws were railroaded through on January 5th and because of misinfnrmation supplied by the
�.l
'aa.yor members of the Board dial not attend that meeting. Mayor Conley responded to thi c in a
similar fashion as he did to the Board at its regular meeting, dater' January 12, and recorded in
the minutes of that date. Comm. Leary rebuked Aldermen Slattery and tobinson, second �ird
Aldermen, for voting for the laws without the advice from their ward constituents who had dereate,l
it twice at referendum. lle charged them with neglectin, to express the opinion of the majority in
ghei.r ward. He felt the newly- appointed City .Attorney had not been afforled sufficient time to
research the validity of the laws, i ?e felt also that the new Council members acted "non them in
haste wla`hwit h1vi* , 43 SoFficient tine to '-t Ay their fut "re i-pact on the City, in shun& the
`Layor with non- co- operati-n with the Board and tir7ed him not to Finn the lows.
-2-
Tn*luar -�,
.rth3.3r 1, Colder 'Iember of 13oardl: !t'f]> � e) to referendiri? He cite(? a case i1 --J, on
_ lot let it .
In V— (enr,ral City Law, Sec. � r' F 1 poa•e� S
_ .. :�3 ?�4j1 �catlon a. c.larter , . � .,r - Genera r'<. rental ck.
lti �t D. Dint_ man Su�1t. Hof Public Works : lle ;resented and read n :re, -ired statement rcohiv
g
atLr]Cl?ed . lie ur ;ed the '1 -,yor to not si -n tlhe lab's and l.f it h-1d tr? I?e done that It I— done In 1
fair, open and le?al. ?Manner.
'illiam S. Downing 1ember of hoard: Ile felt the Board sl]nuld not br, co- pletely autos —mss and
khrotQCted ram tae electorate. He had no ? o1)iertion to the la;� -s out •-aid fe6l 1. -wever that :i t`• ;o-
ti,i.rds maj ^ri.ty of Council shrn.ald 11e required to override the 11oarrl in matters wl1erP e?irrerence5
of o.?i.nion arose and he urryed the ''avor and CnTlnciI to COP Si, der this as lie had done at th- Roar,l's
-?eetin ,-, dated January l2th, and recorded in its 3nin3ates of tint date,
Howard Schl.i.eder, City En- ineer: tie objected to the laths and felt the Board had more st-lrf and
expertise rairallable to it to decide on matters suet] as a slhorta „e of water, etc.
Ch:._ les Barber, 206 Linn Street • Sneaki n j as an individual and to xnayer nn,)osed t?]e laws 'iv
expressing his feeling they should 7*o to referendum.
Michael Robinson 2nd Ward Alderman and author of the lah•.s: iie explained the intent of the laws
and reviewed requirements of the City home Rule Law whicil �prevented such laws bein, presented at
referendum. Ile co3nllared alle '-ed mistakes the Counci had made a -ainst mistakes he char?ed the
Hoard had made 3�-llich proved to be costly to the City, lie reviewed conversations w1]ic3) he had l ?-,,
to li,1ne with the Dffice for Local Covernment in Albany resulting in advice received that the
lac,.. were ,)roi erl,- »resented to the Counr i l for action thereon on ,Ian33ary nth,
Nicholas colonrteli., ?11 Giles Street: lie felt the members of the Board, while not elected, were
businessmen, and that the laws should not be signed by the ?Iayor, fie insisted that -)ublic opinion
at resent strongly favore•.i the Board over the Council. Th nk it over very seriously he;''ore
m� t- any shame, he concluded,
`irs, Ethel Nichols Sth Ward Alderman: She objected to nersonal attark,5 on i.ndi.vidll.als exnrescefl
anal the emotionalism S�7C)Avll tE- 01l?110111- the 1101rin?. She felt tl]e law-, were real],,, xlr,"I 11, ]r<1ry
new and should not ?,e taken as an insult to the Bnhrd of Public ;';orks or a.nv o-- its - (,Tl, -Iery as
iTi2i viJu-1Is,
:i 1r. r) r..,y pnt ;.i = ti*ls`1er1 to he 7eard ..ad 'lad 'I- l” ?r ?Crttl'] t; trt On .7- °1 ?.• : ;?-
., t , . ..,, J CcT? n i .•.
t* )a tlksIri nrx Re doi _n s n h o- .,-2 -n r ter-c nt .nn(l ` a S t
T'1.3lali C `;)rl nd °m ?)�'rS of bt Staff +(?r t ;]c?1r S^rV] CeS t^ t'no Clty Si,,C- 13r' rt'l t -1 1 Jr
1-,10 Jane a -or}ri irl'; for the City. `ie felt members or Cou ":r; 1 -Ilso '�. ? "1 t',,- 11 -,i 14 ,t,,. fn li -f-n to
t:e }r?r ?rt? n11t `.�f Public Works as °1;x1l as +tie Roar,% lie t'',1nn Statr> t -, t }h„ t,; t in,
d l, L � �. ¢ not ,,,, n t..
c "'•` ?'.,f ;'ropd ?Sett lat..s 3.t tlli4 t1T".e 7,;T hr' ;1'3(1 1 "'e'r!r)ri tl1-t- .i,t.. rl „,.r, rr,,.., .1-h.n� ?°tr” `Ath ?'?
!''', 1-c' decide itilys?t11C'r or prat to .si7, tt]em, 3xtendinn S31r`1i - -irll lne wnt! 1 rel,ril?r`l 1t 3Sn
noted treat th^ (7ouncillS "next rejular -ee.tlll,? :.`aS scheduled for rel )rlvir`.' 'Ird roil t'lr' a0,1?tionaI
—me ''etween noise' and February 2nd would afford membors of Courcll a fnrt'`r'r Ca'i?i"t3lni.t`" t^ hear
1 ,
f: tltel.r constituents a.ltd also afford t1]e "1 an o1 ��ort3ln] t�' to reconsider t}1r laA-� rT?] T'eh�tlnar'
2,1 d3 i f tlhev ,�,i -hed to do so. To disair)rove the laws at this time would d onstitl'te a • /nt ` wHllh T
do not h�!ish to do at this tire, ►,n concluded.
The public hear.l]f was enders at 5:1; r.m.
CJ-
34,j,
Geo. A. B1 eat], City Cl er
`_'.taternent by r:l.vin Y'ne :,per, Jan 1.9, 1972, at public ieaxi.ng on Local Laws
I find as a citizen that I must speak out regardinc* these Local Laws to
amend the City Charter, which will in time really cause a than „e in tho structure
Of this City's ?overnment. These are, therefore, imIlOitint laws which deserve
considerable and proper
debate with
public hearin7s
coming* before decisions
are made not after, as
was done in
this case. One
must really question whether
this procedure is in line with our concepts of democracy or if this is not a
rather autocratic procedure.
At the .January 5th Common Council meeting some Aldermen stated that thev
were actinj on behalf of their constit,ients, while others abstained as thev
honestly felt that they did not have sufficient time to study the proposed laws.
The 'Mayor in his campai7n said he would do "a lot of listenin?” and stated
recently that "fie wanted input from people." The hasty nroceeditn -s leads one
<up;
to ;uestion the bility of that vote and wonder whose interests they were in
reality re,aresentinn.
Last year, the .Johns' Administration was char?ed as actino on its ot11t nn
the hotel block business, but aren't volt doinn the same thine here when you
vote on laws without ^ivin, the courtesy to be heard, in public, to the a^encv
host involved in these laws and'the passage of them without "input" of those
MiL
most concerned, aAp;, 'the public? Since this administration rot into nr-'j(,.(,
')y less than Sn' of the vote, they more than anyone else sho,iP look for
concensus of opinion from their fellow Ithac tns.
It really is superfluous at this time to ;)resent opinions on these lat.s
as the decisions have been already ^fade, while the °layor and his Actin- '±allor
went through a strance unorthodox charade of "musical chairs." But we can offer
some viespOint^ for you to ponder.
In re; ^arils to democratic procedure, T ask the "ayor to vet_b these lai, :s,
so that a proper debate could tale Mace with everyone hein" �
iven a cl , ance to
be heard. :r. nin7man and the Board of Public Works stated most em,)hatically
that they wanted to present ar(Tuments and deeded time to make a ,presentation.
They should be given this courtesy which is found in every (overnments cnde
of ethics. I do not know if these laws are ri -ht or wrong but I deserve the
opportunity to learn if they are right or morony as a responsible citizen.
I remember the late layor Ralph Smith, right here in this chamber, when T
was serving as an advisor to the Charter Revision Commission, tellin- me the
Hff sUrED rm* F
importance of this particular structure of ,overnment. As I r.ecallt These
two structures must he kept separate so that political patronage would not
NE +RarNT �p'��`7' rHk
hinder and interfere with the professionals. ^There are enough checks and
balances in the Charter to be used by an efficient 'layor and Common Council to
prevent +aron- doinR� but the structure must be preserved or you will be in for
Potinco . CAIENTEa Wre
trouble in the futiire should a stron r'lavor with his Council ? p
et ower. i)o i,ye
A,
sacrifice this concept for political expediency at this time? Tt really needs
study;
I have heard a lot of rhetoric about the 3PW, but never has anythinT ever
been proven. This whole episode is destroyinc7 the morale not only of the DPW,
of
but ^the Board of Public Works as welly as these volunteer public servants are
good dedicated non - salaried people tryin7 to do an honest and efficient joh
for their City. 11r. `layor, you are not the man "in between" on this issue,
you made that quite clear in your Common Council statement. Tt is incumbent
for you to lead the City along the lines of democratic procedures and the Charter
of this great City.
Finally, we must ask:' Now can we get the correct public input on these
laws? One way,of course, is the referendum, which in the past iris *one aTainst
such procedures.
Second, is a new idea which, if you eive me another moment, T won1�1 like to
3
share with you and it can be used to -jive the true opinions of the public Most
emphatically in this case.
We can really put democracy into action and have the people speak t'.rou -h
a new innovation. We would live true direction to the City representatives, if
each month or every three months we use a computer. The computer card sent to each
voter on such an important issue winin hours after the cards are returned
and run throu7h the computer would -ive a true rrrass roots o,!?inion of the
community. Tie mass media could serve as "computer watchers" and the voters
will know that they are truly bein- represented.
In a small community, like onA I believe that this can he done quite
easily now that computer services are available and Cornell has offeredorto
assist the City and is interested in furtherin? community relations.; Tt is
a small price to pay for accurate public opinion and true representation of the
peoples wishes.
It is an idea worth developing and implementins* ,,if we are to stye, then
democracy at the local level of government, which is the keystone in the arch
of democracy.
As Benjamin Franklin said, and would no doubt say in this situation:
i
"Experience keeps a GEAR, school, but fools will learn in no other.
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STATEMENT OF SUPERINTENDENT FOR PRESENTATION ON JANUARY 19, 1972, AT THE nEAR.ING
ON LOCAL LAWS 1 AND 2 OF 1972
I appear here today to urge and advise you not to sign the local laws
enacted by the Oommon Council at its meeting on January 5, 1972• 1,2y reasons
include the following:
The laws as proposed by Alderman Robinson do not vary in effect from those
proposed by him and rejected by the Council at its meeting of May 5, 1971. At
that time you, as well as Alderman Jones, Nichols and Gutenberger voted to defeat
these laws. Alderman Robinson, urging the approval of these laws at that time,
referred to waste of money, improper bidding procedures, lack of sensitivity of
the Board members to the needs of the community, setting of policy by the Board
and assumption of prerogatives not within the purvue of the Board members. At
no time since the action in 'May has Alderman Robinson brought forward any charge
to substantiate the accusations inferred at that time. Mr. Robinson, in pre-
senting the proposals this time, has stated that the Council had no intention
of exercising the powers and would use them only in cases of absolute necessity.
Similar proposals contained in the proposed City Charter were decisively
defeated when put to referendum. If these laws, as proposed by lair. Robinson
and backed by yourself and others have merit, you should be willing to allow
them to come before the Council in the normal manner, which would permit them
to lie on the table fully exposed to public opinion and reaction for a period
of one month before they were voted on. It is obvious from the method in
which these laws were proposed and acted upon that many of the Councilmen
were unwilling to permit public reaction before voting.
There remains a considerable doubt as to the legality of the laws. It
would seem wise to allow time for the City Attorney to obtain a definitive
opinion from the State Attorney General on their validity. Failure to do this
will leave every action by the Board and the Council with respect to these laws
under a cloud, subject to the possibility of a taxpayer's suit.
Council's action on these laws at this time, has an extremely demoralizing
effect on the employees of the Department. We cannot now recommend a course of
action by the Board with any assurance that such action will not be upset by a
chance whim of the Council. No contract authorized by the Board for construction
or design services will have validity until the Council has acted upon it, and
even at that time will be subject to question because of the possible lawsuits
which might arise from the Council's action.
Many employees of long, loyal and valuable service to the City feel that
this action gives credence to claims of dishonesty and malfeasance,which have
not been proven in any way. This action also throws the tenure of many of these
employees into question. It seems possible that if they fail to please a majority
of the Councilment at any time, they could be subject to reprisal.
It is alleged by you that this action by the Council makes it possible for
other neighbor governments to know where they may turn for specific and finite
answers on matters.of cooperation. The effect is actually to the contrary.
The Council has no expertise with which to judge the actions of the staff of the
Board of Public Works, and cannot expect to have the confidence of neighbor
governments in any negotiations. Neighbor governments observe and take advantage
of the turmoil which has resulted in City government as a result of this action.
Only you can allay this turmoil by refusing to sign these laws.
While I do not agree with these laws, and while I feel they completely
change the philosophy of government which for so many years has made Ithaca a
pleasant place in which to live and do business, I still would have to accept the
dilution of the powers of the Board if it were accomplished in a fair, open, legal
manner. I can ask nothing more of you than that you provide the opportunity for
this to happen.
Respectfully,
/- / 9-- 72-
Mayor Conley:
During my absence from the City on the occasion of this public
hearing I have asked Commissioner Clynes to react my remarks into the
record.
Under the democratic process our m6rnicipal governments operate under
a series of checks and balances. This system has applied to the Board
of Public Works in the City since the early 1900's in that 211:1 .V, as
such, was a directive of Common Council. The Board has functioned all
these years as the operational wing of government. Why then should we
institute a veto procedure? You, Mr. Mayor are chairman of both groups.
In my opinion, the Board of Public Works has been held in high
esteem by the electorate. The last 70 years because of it's non political
nature. This was reflected in the recent referendum.
Assuming these local law changes are valid ones isn't it reasonable
to give newly elected aldermen a chance to acquaint themselves with the
impact of the laws, Five days is not enough as evidenced by the two
abstentious cast.
I would therefor urge, Mayor Conley, that you not sign these local
laws at this time and that they be reconsidered at mater council
meeting or more hopefully that you announce your rejection of them.
Respectfully submitted
JAMES R. WAVM, Chairman
Tompkins County Hoard of Bep.
... .........
January 19'12
mr. Mayor. and Members of the Common Council:
Ladies and Gentlemen:
gy doctors have told me I am not to get
excited, am not to stand on my feet and give
speeches only for a short time. I am sure this
will please the Council, I wish to congratulate
all the newly elected Council Members who were not
present when I appeared here last.
In previous years not only has the Co on
Council jDade a great many serious and costly errors,
but the Board of Public Worits has made a few as wG11
I like to read papers froyrn neighboring comiunities
of approxin,&tely our size and I get five dally papers
eery da , - h4jve learned that riany coujmwo.ties have
y
reduced t'noir taiL rate this past season. 'Even many
tj,je ry,,u ,lier tows -js and villages In our own couylty have
reduced rateS -- but not VW City of Ithaca. jipparentALY
we h&ve a spending Congress -- tax and spend -- Lgood
or bad. I could recite a long list Of financl-al m's-
ta%.ea ii,'ada by the Colrarrion Cotujcil vjhich have been
harmful and Costly to the tm xpayerzs but we have been.
- 2 -
all through that* I ?,now that our present Mayor will
watch every dollar spent and I hope he will Fight for
the taxpayers and not for the whims of pressure groups
we have in this comMunitY, lie I have said time and again,
this community is over-educated, over -fed, over-clothed,
over-committeed. We have more pressure groups than any
other town of our size. They all want something and at
the, see time they want us to Weep twces down. If I
were the Hayor I vould send them all over to Cortland
to look over a swall clean community that got rid of
Urban Renewal and Ste. They do have some low-inCorle
iiousing money for the elderly from the government and
they did build one beautiful project and there is another
one or two on the way. They should look over the main
business area. That is very iziportant. There is a
little fellow there by the new of NOSS who sells P-PPli-
ances N110 could do all that for the City of Cortland,
am sure we have got the brain ewpacity in this Com-
yrul_ljty to ITIUct,, or more without leaning on or beqgine
From the Urban Renewal Agency of $MC. Wasting the
teaxpayers is not only a riistake -- it is criminal
to waste the moileY of hard-working people who are trying
to raise a faull.1y and own a hom-e at the same t' Lie,
W 3 -
I have attended as many meetings Of the COMMOTI
Council as some of the members, and I find that somebody
sets himself up as a leader and everybody goes along --
14 to 0.
You have recently signed a five-party agreement
for developing the hotel block, I would almost wager
any reasonable amount __ to be given to charity -- that
more than half the Common Council don't know what it is
all about, it may involve $500,000 Of the taxpayers
money and it may all go down the drain on this project.
And if the 11,s Ala ket' garage goes through, even at a cost
of only $1,500,000, from statistics from other cities
who run this type of garage and larger one s2 95% of them
are running at a loss and we will be no exception. The
difference is that a small community such as ours cannot
afford to lose 1429000 a yeaw on the Wooluorth parking lot
and an additional *125000 to 150, coo a year on the new
garage I which you now have in mind, I wish that each and
every member of the Common Council would have comPlete
facts and figurss and other data necessary for any other
developments by either Urban Reneval or SUDC. I am sure
that the taxpayers of this small COMUWY __ which is
64% tax exempt .. Can no longer supply funds for private
developers, pranoterso SIjI)Cs 1)41ve Saperstoneq or anybody
else -. although I have never asked for a penny from the
City. All I have been doing is putting it in and while
the banks own the property I h�M to dig up the taxes*
I woiald 'hate to try to recall the long list Of
financial r.,Istakes made by the former Common Council.
There is not much we car, do about that, so let ts forget
about that, but from now on I am hoping and praying that
this Council will try to save us money instead of trying
to give it away to a few promoters chosen by Urban Renewal
or SU or both.
The Jsayor was kind enough to attend our last
taxpayers rneeting. I hope he learned something there,
especially the feelings of the membership as taxpayers
concerning the r1aubarb over the status of the Board of
Public Works. 1 voted for Mir. Robinson -- unfortunately
to represent Tie as a Second Ward Councilman. I thouSYV-1
was voting for one of us ordinary people, but it turns
out I voted for a genius -- lawyer, engincero expert on
water and sewer, social serviceso and you narie it --
a self-confessed know-it-all. if he had 2%, of the coLamon
sense exercised at all times by the Board of Public Works
he might qualify as a leader in the CoWjOn Council, As
of now it is a case of the blind leading the blind.
I 'cave spent 52 years in Ithaca and have been
a resident of the Second Ward for forty years and, in
Seneralo respect the judgment of the Board of Public
Works. just let me name a few of the members of the
Board of puTilic Works who have served in the laall; fifteen
years, in addition to the preaeat most competent group:
William j. 1sa coee, Carl J. YeIV,0, Ralph C. Smith,,, Robert
1�. Colbert, juxs.es CM11OYi Francis W. Egan., Seville S-
1q. Egan, Thout-15 JAiller., Kenneth L
Reuleinjs . i.
Decker, Paul Bradford; Larry J, Gaurniers B. L. Clynesp
J. Reed of berg J. S. Farr, j, F. O'Connor,, James VJ*
clynes.
My Alderman represents only himself -- not his
ess
ye is a public"L.-ty seeker and a first 'L
trouble maker,
I will Lake the whole roard of Public Works
1,0000 'to I ever:
February 2, 1972
549 Old Spencer Road
Ithaca, New York
i January 27, 1972, Mayor Conley was a guest of the Tompkins County
Taxpayers Association at their monthly meeting. At this meeting two
resolutions were made, seconded, and passed, unanimously.
Number one resolution: To request the Common Council and Mayor
Conley to please leave the powers of the Board of Public Works as they
now are under the City Charter.
Number two resolution: To request the Common Council, and Mayor
Conley to investigate the present set up of the Urban Renewal Agency.
This investigation does not infer anything personal agaiinst anyone in
the Agency or on the Board. It is merely meant:-to bring to Council's
attention the very fact that we have an agency in the city of Ithaca
that may have outlived its usefulness and its original purpose.
Even though it is Federal funds that support Urban Renewal, that is still
,.axpayers money and we hope you will study our local situation and came
back to the public with the facts you have come up with.
Mayor Conley has expressed his desire to work with the Taxpayers
Association, and we have expressed our desires to work with him and Common
Council. Whether you act favorably or not to our resolutions, we will
still be back before this governing body with our concerns over future
problems. Tonight was the first time I have appeared before Council
and was assured of the Mayor's interest in my appearance. It is our
hope that the year 1972 will see a new approach to cooperation between
City Hall and the Taxpayers Association.
Mr. Saperstone has dieassociated himself from the Taxpayers Association
and we would like to have you made aware of that fact.
Thank you.
Mrs. Florence W. Rumph -Pres.
549 Old Spencer Road - Ithaca, N.Y.
0 u'r- ;j8 e
r to
:iY Cy
0 an�! of r7l o n C
n favor of t', e t !,,'o r 6 1) 0'7, o c a "iv in: "douncil �owpr
r) rev i e,:, r- c iz. 0f t'n e 3 o a r, rl of nl is To r, r. P,
L
reason -Lar su,_,,-�ortincr t—To law t� i�_ e in a reDre-
en'ative le,_qocracy, -�,ojjcy cleci�-,iorF belom;7 in the
u
e T er t
;.-ianl- of the electelq o, t"l,
�,,n n c).
out in a c,,'-
)recent ..-7yste aQ e r n� �)
i-ounicatio,n to Corr on Olouncil last the unrr-, )re jf?n4u-ative,
f 2,,, I�D C T 11 J
u,.,j,_ajected 3,.,ard ot �ork:� c-, r. �-f f ect ively veto ma for
c -1 ic, y , "' , uch a, -11 - con-truction Off
lecj��ionc of ,;ounc4j-L U
u �) I c in coo-Deration other governmental bodiep.
Lnr,erl t' -ie A,^.erican an a)r ointive bocly has no rl.,Illrlt
t,) ti,,._z+ 'tin,e-i of )olitical cl-r"T6r. The lal,)p In no
)rOI-)er role- g-r t-,-e oLjrd 9�-' 'ulol ic
infrin,r e r -�e
u)on t�
t0 advice +10 Council anr' to over` zee the a � in-
i;+.rM,,.t ion of the -,"D c j r a rt, � P n t of the '.'Vl
f + t s y e t a in t, t
ncil cannc -it ')e t ru t in u
of _blic worl�,, a r. J teat
tile i. z of titie jf t:7 f; e ec
�i t F a
T f
f e r rid um . J_ r t:-Ie,- e
abit. u,n: - t i c rj t c o jr—u,r t i c) n i, 'Ti 13 re 1 iy to occur 0 n
er- h a 11
tan mo-.�7
e. o-L Council, to t`,(� vot
the b e of t'ae B_ 'lle vA n
(zr. en I
L
in t j J:)grnal reuentiy t"'lat
Y
ubl ic
t J, o te c;-; r� 0
aor3ut eiy to occl,:r tl,e overr_.�ent
u, n e rl t j
t C, p
e ity ,u ar, thl- i s, u e
th,
o o i n - the fact that the p r 0
t- re - rendu'ul are o verl en
n. n c o r,-,,, s
c a, t i 'e thc -ov,,er uf �1ecl,-�i,�in D
in thc -jandFl of file e 1 e c t e J, re r e o IL tL,, e p e
c ra + c f_()r71 u f
hat, oould be �,,,,ore in _1r
0
e, �j�, o r n Liarmuny the t r- (I i
It
L L U
o f Aim e r i c a n o c ro c.: t a, u re-tairi
,)�Jlitical o!,"er in D f 1 �7t 'oarl to ta th f�
L ,
cat to �__. " 1C. , '-_ t p
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t h a a "n trig y
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tive
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vj+
f t o ca.
y0,1 to '3 t, t': i e J __L i C e 3 E c n ur;'-p You,
01 n il t e r E, e t in- o I ' J.
c
j u t
in t h e area of r:ub_j ic p . TTI a t' hat. e F 1 e c (5 U t0
dud l: p 1 v qj azx: e, clear Lo
tl�'o local lw,111��
e 'c-
��n-6urar-e you `a;s�� t! -mm 7�a a n 1,
c
o n a r,.-I
1 -�
T 1) r 1,Aa
The laws recently passed by Common Council consist in changing sections 5.17
and 5.41 of the City Charter, dealing with the authority of the Board of Public
Nlorks. Section 5.17 has until now placed water, sewage, street maintenance
and other important city functions under the " excluusive control" of the Board of
Public elorks. One local law would subject the Board to the direction and review
of Common Council. The second local law would add a sentence to section 5.41 which
would empower Common Council to sell water to another municipality if it determined
that there was adequate water availabe for this In short, these laws give to
Common Council, a body of representatives elected by the people of Ithaca,
authority over policies previously determined exlusively by the Board of Public
idorks, an appointed body whose members' tenure in office is not subject to
electoral control. The laws also enable Common Council to negotiate with other
municipalites on behalf of the city in good faith.
At the present time, the Board of Public Works has exclusive control of
seventy percent of the budget of the city of Ithaca. It has been argued in
defense of this state of affairs that removing these functions from the hands of
elected officals prevents corruption. There is, however, no good reason to
think that elected officials, who are directly answerable to the poeple of Ithaca,
will be more corrupt and irresponsible than appointees who are not so answerable.
In fact, there have in recent years been several noteworthy insqajces of irrespon-
sibility and mismanagement of city funds by the Board of Public Works. The "Northern
Lights" scandal of several years ago, exposed by Mr. Bangs, is only one memorable
case of this kind. There have been several cases also in which members have
failed to disqualify themselves where clear conflicts of interest existed.
Defenders of the Board's exclusive a.i thori ty over many important city matters
often represent it as a group of successful businessmen, competent to give
expert direction on financial matters, whose selection by mayoral appointment
places them above-the political interests to which elected officials are subject.
In fact, however, the Board's present members are by no means all successful
businessmen, and all but two of them have been unsuccessful candidates for
public office.
The Board of Public Works was originally intended to be a citizens'
advisory board, whose function would be to investigate and make informed
recommendations about public building, the maintenance of public property, and
the provision of essential services to city residents. Rather than obstructing
,.the decisions of Common Council, the Board should play a constructive role in
city government by advising Common Council and supervising the Department of
Public Wb rks. The two local laws just passed by Common Council will in my
opinion help to establish a proper relationship between the Board of Public
4o rks and the people it should serve.
WILLIAM DOWNING ASSOCIATES, ARCHITECTS
W I L L I A M S D O W N I N G J R . , A. I. A. A R E A C O D E 6 0 7 2 7 3 - 6 4 2 7
O N E T W E N T Y O N E E A S T B U F F A L O STREET , I T H A C A, N E W Y O R K 1 4 8 5 0
January 25, 1972
Members of Common Council
City Hall
Ithaca, New York 14850
Dear Sirs,
When the original Ithaca Charter was conceived, a Board of Public
Works was established to have "exclusive control" of the various public
works departments, the property belonging to the city and the appro-
priations relating to public works.
Ithaca at that time was a far less complex community than it is today.
Some of it was still used for agricultural purposes and it was certainly
surrounded largely by undeveloped property or farm land.
Today Ithaca is only part of a far more populous urban area which some
now refer to as "The Greater Ithaca Community." Commercial areas
are no longer confined to the central city. The proportion of real estate
taxes we pay to this greater Ithaca area including the Centralized School
District as well as the State and County has increased sharply. The con-
sequent importance of development outside the city and the governing
bodies of these areas has vastly increased and changed.
The fact is that whoever has control over the Public Works of the City of
Ithaca now also controls the intergovernmental relations between Ithaca
and the surrounding communities. Certainly, if not in a positive sense,
this is true in a negative sense. Although the Board of Public Works
cannot fund major development without the approval of Common Council,
it can decide not to undertake those public works it doesn't favor. Thus
the Board of Public Works can exert considerable influence over the rela-
tionships between the City, the Towns and the Village of Cayuga Heights
as well as industrial development and the growth of our major educational
institutions.
So the question before you, as you consider local laws regarding the Board
of Public Works, is should a majority vote of an appointed board control
the destiny of the City of Ithaca. In my opinion it should not and I urge you
to support these laws amending the charter. I would further suggestthat
Members of Common Council January 25, 1972
a new amendment be passed to require a two thirds majority of Common
Council to override a decision of the Board of Public Works.
Finally, I suggest that the policy-making obligations of the Common Council
are so great and of such immediate importance that it would be unwise to
delay this transfer of power to the elected representatives of the people
one day longer. Therefore I urge you to proceed with this matter immedi-
ately and not postpone it by submitting to vote in a referendum. I am con-
vinced that the greater majority of the citizens of this community will sup-
port you in your decision.
WSD :ms
Yours sincerely,
William S. Downing, Jr.
•Y
_i `l
A LCCUALL LA`, ^T TC% Ai1Z!uD SLCTILUN 123 OF ilT'r; CITY CI ARTLR, SLC. 5 -17 f,S CCDIFIED, F-HOV Dilz
F iR S C OPL OF AUTHORITY OF BOAPLD OF PUBLIC ,^JORYS .
BT IT 111ACTED BY TEE. CONM N CCU1CIL OF Ti; CITY OF ITHACA, I1LIJ YORK, AS FOL:LCt7S:
Section 1. The Boardof 'ublic',`orks shall take charge and, subject to the limitations
herein contained, have control,, subject to the direction and review of
CoTimon "o 'ncil, of the following departments of the . city government, of the
property belonging thereto, and of the appropriations made therefor:
1) Ja.ter, except that it shall not in any ;canner fluoridate the water under
the control of the water departn.ent of the city government.
2) Sewers and drains.
3) Streets and sidewalks.
4) Crecks and bridges.
5) Street lighting.
6) ?arks.
7) Cemeteries.
S) Garbage.
9) 'ublic buildings and property, but not buildings or property for use of
the i''ire Department.
10) ''uch other departments ad may be assigned to the Board under the
provisions of Section one hundred and forty -five, Sec. 5 -45 as codified,
of this Act.
Section 2. This Local Law shall take effect irI-irnedietely upon its bein. filed in t he
office of the Secretary of `Tate.
A LOCAL LAW TO *1'T_!1D SLCTION 142 OF Ti L C TTY Ci t:RTLR, S 5 -!1 C ODI I D, RI LATiP1G
TI=E SALIL OF WATIR TO .F u ' iSLS C)UTSIDE Tr CITY.
�F IT dE�CTLD BY Ti:I. Cu 7`.0'1 C 7U "?C IL OF T!"r, CITY OF ITHACf_, ;J '1 ° R:�, AS i' Vl_1.. N1S:
Section 1. Said Board of Public Works may, on behalf of the City, grant to a
corporation or individual outside of the City, the right to make connections
with the water mains for the purpose of drawing water tiierefrom, and shall
fix the prices and conditions therefor; but the Board shall not sell or
hermit such use ofwater if or when thereby the supply or pressure for the
City or its inhabitants will be insufficient, and may discontinue or
terminate such sale or use at any time. However, such deterr- ination of the
Board shall be subject to the review and approval of the Common Council.
The C'ormon �ouncil may direct the Board to sell water outside the City if the
Co:aaon 'Council shall determine the supply of water to be adequate.
Section 2. This Local Law shall take effect i:ranediately upon its being filed in the
office of the Secretary of Mate.
CO_iT -N UUNCIL BOCK X Page 299
June 3, 1970
nld. Robinson presented pres:a� ,proposed local laws to amend Sec. 5 -17 snd 5 -41 of the Chart
as codified.
They werereceived and laid on the table for action at a subsequent meeting.
July 1, 1970 Alderman Robinson moved their adoption but this was defeated and they were
referred to the Charter & Ordinance o7i Tnittee for study and reco!:mendatlon.
August 5, 1970
Law amending Section 5 -17 but to a vote and defeated by vote of 9 to 4
(:lichols,Nordheimer,Bangs & Robinson in favor)
( Spano ,j,Liundle,Andrews,S2attery, Sac cue ci ,5ullivan,Uonley,Boronkay, Jones opposed)
Law amending Sec. 5 -41 defeated in same manner.
CO a QN C aTNCIL BOOK Y - Pages 46-,'-' A Local law was presented to eliminate the Board of
"ublic ilorks and laid on the table .
Dec. 30, 1970 (Pages 52 -54) It was put to vote and defeated by a vote of 10 to 4
( Feldt ,Jones,;Qichols,idordheimer in favor)
(Slattery;,. Saccucci, Sullivan, �l onley, Boronkay oopano,'Lundle,ti,-.drewe,Bangs, and hobinson
o-posed)
April 7, 1971 (Page 91) the law to amend Sec, 5 -17 (defeated on 8/5/700 was reintroduce(
and 'Laid on the table again.
-gay 5, 1971 it was nut to a vote and defeated again, this time by a vote of nine to four.
( lordheimer ,TLobinson,Slattery,Feldt in favor )
(Boronkay,Jones,Jichols, Spano- 'tundle,�utenb erg er, Sac cueei,5ullivan and Donley opposed)
&3c. 5-i7. wScGpo OAZ u u :Ol':; y of JCu ru u • yiiiw: iL' Works.
rn ) 1
boaru Oi lOiiC wOT1CS shall take CihaT e Gild, Su jeCt to
the limitatioias herein c0iltainod, have hJtaVsNiYcontrol 16f, the
I —Owiri- departI- n—Onts Of 's he city o--,' the - property
belongin thereto, aild of t ::; made therefor:
(i) Water, exec tha'L it shall 'riot in any manner fluoridate
the Water Under � C7 Col -A of of he water department of
'
tl.e city oov�. r n-I len �.
(2) Sewers and d,raiiis.
(3) Streets and sidewalks.
(4) Creeks and bridges.
(5) Street lighting.
(3) Parks.
(7) .Cemeteries.
(8) Carnage.
(9) Public buildings and property, but not buildings or
property for use of the fire department.
(10) Such other departme.ts as may be assigned to the
board under the provisions of section one hundred and
forty -five [5 -43] of f is act [L. 1908, Ch. 5031. (L.
190S, Ch. 50, § 123; L.L. 1951, No. 1, § 1; L. 1953, Ch.
*,subject to the direction and review of Common Council,
5 5 -41 C.zARTER TAWS I § 5 -42
Sec. 5 -41. Sale of water to preM —Ases outside the city.
Said board of public works may, in behalf of the city,
;rant to a corporation or individual outside of the city,
file i ibft to make cor;nce -jons with the Water Trains for the
purpose of drawing water therefrorr., and shall fix the prices
and conditions therefor; but the board shall not sell or permit
such use of water if or when thereby the supply or pressure
for the city or its inhabitants will be insufficient, and may
discontinue or terminate sueh sale or use at any time. (L.
1908, Ch. 503, § 142; L. 1932, Ch. 465, 5 1)
iiowever, such determination of the Board shall be
subject to the review and approval or the Common
Council. Tihe Common Council may direct the Board
to sell water outside the City iC the Comvion Council
shall determine the supply of water to be adequate.