HomeMy WebLinkAboutMN-CC-1985-05-01COMMON COUNCIL PROCEEDINGS 1.31
CITY OF ITHACA, NEW YORK
Regular Meeting 7;30 P.M. May 1., 1985
PRESENT:
Mayor - Gutenberger
Alderpersons (9) - Cummings, Dennis, Haine, Hoffman, Holdswort:h,
Myers, Peterson, Romanowski., Schlather.
ABSENT: (Alderpersor.I (1) Kil_Lec;i�
OTHERS PRESENT:
City Attorney - Stumbar
City Controller - Spano
Dep.. Controller - Cafferillo
Supt. of Public Works - Dougherty
Asst. to Supt. of P.W. - Priore
Building Commissioner - Hoard
Dir., Planning $ Development _. Van Cort
Personnel Administrator - Best -Shaw
,ast; Fixe. Chief.. -, Olmstead
Acting Fire Chief - Reeves
City Engineer - Novelli.
�!I IURA members - Gutenberger., Dennis
C.D. staff - Jones, Evans
E ' Recycling Coordinator Lynn Leopold
City Clerk - Rundle
f�f Dir., Youth Bureau - Cutia.
+`f PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance 1:0
the American flag.
MINUTES:
April 3, 1985
Alderperson Schlather requested the following corrections:
page 7, line 3 should read, 91at the next C$O meeting
page 10: the vote on the Community Service Restitution Program
resolution should be changed to, 'Carried Unanimously ";
page 13: the vote on the Senior Clerk Position resolution should
read, "Carried Unanimously."
Alderperson Hoffman requested correction of the following:
page 10: the final RESOLVED in the 1986 Revenue Sharing Applica-
tion resolution should read, "RESOLVED, That the follow-
ing criteria shall be used by the Coalition."
Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the Common Council meeting of April 3,
1985 be approved as corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Pu lic Hearing - Proposed Changes to the Zoning Ordinance amending
Chapter 30, Sections 30.40 and 30.3 of the City of Ithaca Municipal
Code.
Resolution To Open Public Hearina
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That the Public Hearing to consider changes to th- -_,,,ling
Ordinance amending Chapter 30, Sections 30.40 and Vl.., of the City
of Ithaca Municipal Code he opened.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution To Close Public Hnarirns,
By Alderperson Romanows is Seconded by Alderperson Haine
RESOLVED, That the Public Bearing to consider changes to the Zoning
Ordinance amending Chapter 30, Sections 30.40 and 30.3 of the City
of Ithaca Municipal Code be closed.
Carried Unanimously
132 -2- May 1, 1985
Public Hearing - City of Ithaca and Ithaca Urban Renewal Agency on al
Proposed Disposal of City°-owned Property lrt C Terry Street Industri
Park.
Resolution To Open Public Hearina
By Alderperson Peterson: Seconde d by Alderperson Schlather
RESOLVED, That the Public Hearing to consider proposed disposal. of
City - owned property in Cherry Street Industrial Pdrkii e opened.
ope
No one appeared to speak to the hearing.
Resolution To Close Public Hearing
By Alderperson Sc Lather: Seconded. by Alderperson Hoffman
RESOLVED, That the Public Hearing to consider proposed disposal of
City - "owned property in Cherry Street industrial Parknbe closed
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning an Development Committee
Alderperson Cummings requested Ie deletion of Item D, °Family
Medicine Proceeds," and the addition of Item M, "NYS Council on
the Arts"
No Council person objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
South Africa Divestment and Cornell University Actions
Stanley Dubins y, 117 DeWitt Place, a graduate student of Cornell
University, addressed the Council requesting 1) the Council to
encourage Cornell University to divest from its holdings in. South
Africa; and 2) the Council to protest Cornell University's capricious
policy of arrests and what amounts to the abuse of the City's court
system and an unnecessary burden on city taxpayers in order to imple-
ment the policy of intimidation against students who are carrying
out actions that are basically under its own jurisdictional area.
"'i
Eddygate Landmarks Designation
Mary Tomlan, 200 Delaware Avenue, addressed the Council, speaking in
favor of Eddygate Landmarks Designation.
Memorandum from Alderperson Sean Killeen
TF e following memo from Al erperson Killeen was distributed to members
of the Council:
"TO: Common Council
FROM: Sean Killeen
DATE: May 1., 1985
SUBJ: Common Council
Meeting of May 1, 1985
As many of you know, I am unable to be with you this evening, but
I do want to convey my position on a number of issues in order to
represent my constituents and aid your deliberations.
I would ask Mr. Rundle to enter this letter into the record under
Item VI, with an invitation to the Council and Community to join in
the local charity-generating merriment of the Phi Psi 500 this Satur-
day (May 4th) in Collegetown.
P $ D items, I very much support the designation of Eddygate;
no jqha. "ever has arisen in regard to this Town /Gown
ediii,o Also, Community Gardens, South Aurora Hill safety, and
I' ril.ters I support. The Section 17 program must be support
;.�st the C L; CD funding from Washington be jeopardized. But
administrative ._. ..os must be maximized in order to insure that the
r �iit people obtain the ",_— :fits of this rental rehab aid.
While I hold CD as a high priority, I cannot support the Family.
Medicine Proceeds resolution. Pragmatically, I understand that the
key to perpetuating a commitment to CD is by institutionalizing its
ne with BPS`` and Fire to a lesser extent, y ears
resource base as was do
ago. But to take such a step at this time with Revenue Sharing in
-3-
flux and other City resource flows
the Council to a tax increase now
traditional programs and continue
in coming years.
May l, 19 8 5] r3 ,`i
unstable, this effectively commits
if we wish to continue the
to entertain innovative activity
As a member of the BFA, I support all the items listed thereunder.
It is my earnest hope that recycling will gain sufficient popular
participation in the c omi;-,g til: ". i1t ?� ` in order f.c ;Hake i t: a j,e; nianei-)i.
community Fixture.
Lastly, a comment on the CFO bill being placed on your tables.
Consistent with the gross insensitivity of the President's visit to
Bitburg, is this mean- spirited affront to our local veterans on this
40th anniversary of Hitler's demise and the 10th anniversary of the
Fall of Saigon by seeking to reduce if not eliminate their hard - earned
and well- deserved tax break. In November '84 the City extended ail
olive- branch of gratitude to veterans in the form of a. 1.imi.ted
property tax exemption. Since then nearly 100 households have been
officially qualified for this new exemption and thereby have for-
saken their right to the earlier $5,000 option. If this weakened
version on your tables is passed, these 100 local households will
(4..1 have to be exempted which would thereby establish 3 classes of
veteran's property exemptions; or this group may join in a class
F ; action, suit against ,the city.
� •� In view of the facts that this bill is mean- spirited, an.d. clouding
an already complicated situation, and the probability that Albany
will generate a more equitable version of our current law, I would
ask the sponsor(s) of this bill not to place it on the table at this
time but to withdraw it for further study.
I look forward to rejoining you shortly."
cc: Mayor
City Attorney
Press Table
Clerk
COMMUNICATIONS FROM THE MAYOR:
Investments in South Africa
At the January 2, 198S meeting, before the official depositories of
city funds were designated by resolution and voted on, the question
was asked by the Council if any of those depositories had investments
in South Africa and the report was given that the banks in which the
city's money is invested do not have investments in South Africa or
in companies which do business in South Africa. Mayor Gutenberger
requested that this question and response be reflected in the minutes.
Special Meeting of Common Council
Mayor Gutenberger commented that he was calling a Special meeting of
Common Council on Wednesday, May 22, 1985 at 7:30 p.m. in Common
Council Chambers regarding a possible UDAG application for Cherry
Street Industrial Park.
CITY A'T'TORNEY' S REPORT :
City Atty. StUmLar reported on zoning violations, one of which
MAYOR'S APPOINTMENTS:
Tompkins County Economic 0 ortunity
Corporation
Mayor Gutenberger requested support
of the Council for his recommenda-
tion that Donald Slattery, 410 West
Court Street, be appointed to the
Tompkins County Economic Opportunity
3/31/86.
Corporation for a term 4/1/85 to
Resolution
By Alderperson Myers: Seconded by Alderperson
Iiaine
RESOLVED, That this Council supports
the recommendation of Mayor
Gutenberger that Donald Slattery be
appointed to the Tompkins County
Economic Opportunity Corporation for
a term which will expire
March 31, 1986.
Carried Unanimously
CITY A'T'TORNEY' S REPORT :
City Atty. StUmLar reported on zoning violations, one of which
131 _4- May 1, 1985
involved a large fine as a result of the violations; and one which
resulted in a law suit being brought. against the City in Supreme
Court, attempting to hold that the zoning ordinance in the respect
of law offices in that residential zone is unconstitutional and
illegal based on several grounds.
PLANNING AND DEVELOPMENT COMMITTEE:
A. D. W ite DJemori.al Gate Lan�cmar�:s Designation
By Al erperson Cummings: Seconded y Alderperson Haine
WHEREAS, the Ithaca Landmarks Preservation Commission has determined
that the A.D. White Memorial Gate, "Eddy Gate" is a significant
example of the work of the regionally prominent architect, William
Henry Miller, and has designated the gate under criteria 4.c (932.3)' NJ
as a "structure, memorial or site which has special character,
special historical or aesthetic interest and value as part of the
development, heritage and cultural characteristics of the City of
Ithaca," and
WHEREAS, the Planning and Development Board and the Planning and
Development Committee have evaluated the proposed designation in
light of the existing zoning, relationship to the City's overall
planning goals, and plans for redevelopment of the site and have
found these all to be in conformance, and
WHEREAS, the Eddy Gate is a significant urban design element in the
Collegetown neighborhood and is a visual. landmark to both the City
and the University; now, therefore, be it
RESOLVED, That the Common Council recommends approval of the A.D.
White Memorial Gate, "Eddy Gate" as a landmark in the City of Ithaca
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) Cummings, Myers, Schlather, Romanowski, Dennis,
Peterson, Hoffman, Haine
Nay (1) - Holdsworth
Absent (1) - Killeen
Carried
Introducing Proposed Amendment to Zoning Ordinance - Special Permit
for
-Community Gardens and Providln for Public ;Notice of Public
Hearin
By Alderperson Cummings: Seconded by Alderperson Haine
BE IT RESOLVED, That Ordinance No. 8S- , entitled "An Ordinance
To Amend Section 30.3, Definitions; Section 30.25, District Regula-
tions Chart; and Subdivision C of Section 30.26, Standards for
Special Conditions and Special Permits," 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 Common
Council Chambers, City Hall, No. 108 East Green Street, in the City
of Ithaca, New York, oil Wednesday, the fifth day of June, 198S at
8:15 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 t
time when and the place where such public hearing will be held, and'
in general terms describing the proposed ordinance. Such notice
shall be published once at least fifteen days prior to the public
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the Board
of Planning and Development and to the Tompkins County Planning
Board a true and exact copy of the proposed zoning ordinance for its
report thereon.
-5-
ORDINANCE NO. 85-
May 1, 1 98 5 1i
AN ORDINANCE TO AMEND SECTION 30.3 DEFINITIONS; SECTION 30.25
DISTRICT REGULATIONS CHART; AND SUBDIVISION C OF SECTION 30.26
STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMIT; OF CHAPTER 30
ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the Ci i. }' of
Ithaca, New York, as follows:
SECTION 1. AMENDING 8 30.3.
That 9 30.3 is hereby amended by adding thereto the following
definitions;
"100. "Community or Neighborhood Garden" shall mean an area used
by several individuals or families, operating in association with
each other or under sponsorship by a non- profit or voluntary
organization, for seasonal production of vegetables and other
garden produce for home consumption by the individuals or families
( ) directly engaged in such production,"
E ,+
SECTION 2. AMENDING g 30.25.
;t6 That g 30.25 is hereby amended as follows:
t�
Add to Col. 2 under R -1: "10. Community or Neighborhood Garden."
Revise item S. Col. 2, under R -2 to read: "5. Uses 7 -10 under R -1_."
SECTION 3. AMENDING SUBDIVISION C OF g 30.26.
That Subdivision C of S 30.26 is hereby amended by adding thereto
the following:
"C.l.m. Community or neighborhood gardens in all districts.
4. Community or neighborhood gardens in all districts.
a. Applicants shall provide evidence of approval for such use
from the owner of the property on which the gardens are to
be located.
b. Applications shall provide evidence that the area to be
used will at all times be operated in a responsible manner,
so as not to present a nuisance to or interfere with the
use or enjoyment of neighborhing private or public property.
Such evidence shall designate at least one responsible adult,
who shall be a participant in the gardening, a representative
of the sponsoring organization, or the owner of the subject
property, to administer or coordinate the operation and to
act as contact person therefor. Applications shall be sub-
mitted in writing to the Building Commissioner, and shall
include the name, address, and phone number(s) of the contact
person; a description of the refuse disposal procedure to be
followed, and of the intended use of chemical fertilizers,
pesticides, etc.; and a site plan (at a scale not less than
1 " =10') showing the proposed locations of all features of
the site, including access point(s) and any of the required
parking space that may be located on adjacent property.
C. Applicants, or the administrator /coordinator of the garden
area, shall insure that the gardening activity on individual
plots is confined to the hours 7 a.m. -10 p.m., except that
power machinery shall not be operated before 8 a.m. or after
8 p.m.; that all organic refuse and trash from the gardening
operations is promptly and properly disposed of on at least
a weekly basis, and that pending disposition it is stored
neatly in such a way that it does not produce offensive
odors or attract dogs, raccoons or vermin; that power or
motorized machinery used in preparing and maintaining indi-
vidual plots is no larger than that normally used in
1 3 F)
-6- May 1, 1985
connection with home gardening, e.g., a typical walk- behind
rototiller; that farm tractors or other heavy machinery are
not employed on the site except for initial site development
and for annual spring preparation and fall cleanup, if neces-
sary, and in those instances shall. be operated only between
8 a.m. and 6 p.m. weekdays; that mulch, compost or organic
fertilizer employed i.n the gardening is confined. to the site
In neat ,,III orderly manner, and that r�o fresh sl�a.11
be used or composted; that noxious fertilizers or noxious
chemicals employed in the gardening are used only with the
knowledge and consent of all gardeners using the site, all
adjoining property owners and, in the event that adjoining
properties are rental residential properties, with the
knowledge and consent of the head of each tenant household.
that no flammable liquids nwill
connection stored
with the gardening
that noise and odors produced l
activity will be no greater than those normally associated
with home gardening; that residents of the area nearest the
site will. be given opportunity to obtain a plot in. the annual
allocation of plots; that unused portions of the site will be
maintained in a neat and orderly manner at all times; and
that at the end. of each gardening season or within 30 days
of revocation of permit, the entire site will be cleaned
and left with a neat appearance. In addition, the applicable
portions of 9 30.32A and C, following, shall be observed.
d. In consideration of the fact that such gardens may be of an
interim nature, may occupy only a. portion of a parcel, and
may be located on property unsuited for other uses permitted
under this Ordinance, the Area Regulations specified for
permitted uses under 9 30.25 of this Chapter shall be super -
ceded by the following regulations for Community or Neighbor-
hood gardens:
(1) Minimum Lot Size: none
3�
(2) Width in feet at street line: none required; however
sites lacking street frontage shall be accessible to
vehicles and pedestrians via a right -of -way of at
least 8' in width.
(3) Structures permitted: no structures for human habita-
tion or occupancy shall be permitted except for a
weather shelter for gardeners, which may have a maxi-
mum floor area of 64 sq. ft. A light accessory
structure for storage of gardening equipment and
materials for plant propagation, with a maximum floor
area of 64 sq. ft. may be erected separately or
attached to the weather shelter. If necessary, a well
housing structure for the production of water for garden
use may be erected with permission of the owner of the
site.
(4) Parking and loading space: at least one off - street
space on or immediately adjacent to the site shall be
provided for the use of the gardeners, for each fifteen
(15) individual garden plots on the site, or portion
thereof.
(5) Yard setbacks shall not be required, except that the
provisions of Section 30.34B and C, and 30.42 of this
Chapter shall apply to any plantings, fences or
accessory structures on the site.
e. Written comment received by the Board before the hearing,
as well as that expressed at the public hearing, with
primary consideration given the wishes of residents living
within 200 feet of the property, should be a principal
factor in the Board's decision to grant the special permit.
f. In granting a special permit for community or neighborhood
gardens, the Board may prescribe any conditions that it
-7- May 1, 198511 1
deems necessary or desirable so that the spirit of this
Chapter shall be observed, public safety and welfare
secured, and substantial justice done.
g. Special permits for neighborhood and community gardens
shall be reviewed by the Building Commissioner at Least
annually for compliance with this Section and. with any
conditions established t, j, i fie B -,ard . If_, following such
review, or investigation of any complaint, the Building
Commissioner determines that substantial violation exists,
notice of such violation shall be mailed to the contact:
person designated in accordance with item 4.b, above,
requiring that such violation be corrected within fifteen
(15) days. If satisfactory correction is not made, the
permit may be revoked by the Building Commissioner.
Appeals to such revocation shall be made to the Board as
provided in 9 30.58 of this Chapter..
SECTION 4. EFFECTIVE DATE.
�t This Ordinance shall take effect immediately and in. accordance with
law upon publication of a notice as provided in 9 3.1.1_(B) of the
Ithaca City Charter,
1?s Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Cummings, Myers, Schlather, Romanowski, Peterson,
Hoffman, Haine
Nays (2) - Dennis, Holdsworth
Absent (1) - Killeen
Carried
Precision Filters, Inc. - Lease /Sale Agreement
By Al erperson Cummings: Seconded y Al erperson Dennis
WHEREAS, pursuant to Section 1(b) of the Urban Renewal Land Dispo-
sition Procedure, the Ithaca Urban Renewal Agency has followed an
accepted method of solicitation of sponsors for tenancy in the
Cherry Street Industrial Park, and
WHEREAS, the Ithaca Urban Renewal Agency has examined the qualifi.
cations of respondents and evaluated their responses per Section I(c)
of said procedure, and
WHEREAS, the Cherry Street Industrial Park was developed to encourage
the retention and expansion of local area industries, and
WHEREAS, Precision Filters, Inc. is at present a tenant in the Cherry
Street Industrial Park and desires to acquire an additional parcel
of +.8 acres on the west side of the park to accommodate its expansion
needs, and
WHEREAS, the Urban Renewal Agency has established the eligibility of
Precision Filters for tenancy in the Park and has designated them a
preferred sponsor, and
WHEREAS, the Agency and Planning and Development Committee have re-
viewed the terms of the proposed lease /sale agreement; now, therefore,
be it
RESOLVED, That Common Council does hereby concur with the designation
of Precision Filters as a qualified sponsor for an additional +.8 acres
in the Cherry Street Industrial Park, and does accept the terms of the
proposed lease /sale agreement, and be it further
RESOLVED, That this disposition is in accordance with applicable State
Law and with the City's Urban Renewal Land Disposition Procedure, and
in accordance with the terms specified, is in furtherance of the
Urban Renewal Plan and in the best interest of the City of Ithaca,
and be It further
133 -8- May 1, 1985
RESOLVED, That the Mayor be and hereby is authorized and directed,
up.on advice of the City Attorney and Director of Planning a.nd
Development, to execute for the City of Ithaca any and all instru-
ments necessary for effectuation of this land disposition.
Discussion followed on the floor.
A vote on tile, resolution resulted as follows:
Ayes (8) Cummings, Myers, Romanowski, Hoffman, IIa.ine,
Schlather, Dennis, Peterson
Nay (1) - Holdsworth
Absent (1) - Killeen
Carried
South Aurora Street Hill
Ty—Aid .-rperson Cummings: Seconded by Alderperson Romanowski
WHEREAS, the Aurora Street. Hill has had a history of serious
accidents involving runaway trucks, buses and other large vehicles,
and
WHEREAS, several of these accidents have resulted in deaths or
serious injuries to innocent people, and
WHEREAS, the State of New York, Tompkins County, and the City of Ithaca
have attempted to lessen the danger of runaway vehicles on Aurora.
Street, in part by construction and signing of a truck downshift
loop in the area of the intersection of King Road and Rt. 96 -P,, and
WHEREAS, the truck involved in the most recent fatal accident at the
foot of Aurora Street had not stopped at the King Road intersection
to downshift; now, therefore, be it.
RESOLVED, That the Common Council of Ithaca hereby request that the
County of Tompkins and the State of New York give high priority to
the enforcement of the full stop provision and downshift loop at
that location, and be it further
RESOLVED, That this resolution be transmitted to the proper law
enforcement agencies of the County and the State.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Planning Department Work Program
By Alderperson Cummings: Seconded by Alderperson Dennis
WHEREAS, the City Administrative Code provides for the approval by
Common Council of the Annual Work Plan for the Department of Planning
and Development, and
WHEREAS, the Board of Planning and Development has considered and
adopted a Work Plan for the Department of Planning and Development;
now, therefore, be it
RESOLVED, That upon the recommendation of the Planning and Develop-
ment Committee of Council, Common Council does hereby adopt the
1985 Work Program for the Department of Planning and Development
as submitted.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Section 17 - Rental Rehabilitation Program
13y Alderperson Cummings: Seconded by Alderperson Dennis
WIIFREAS, there is a need in the City of Ithaca to improve the quality
of rental housing for low- and moderate- income people, and
-9-
May 1, 198 0 rJ1
WHEREAS, the City has made pre - application to the State of New York
for rehabilitation assistance for 2S units under the NYS Section 1.7
program, and
WHEREAS, the City's pre - application has been rated first among a1.1
communities applying for the program, and
WHEREAS, the lURA and the Planning and Development Board. have re-
viewed the program and recommended in favor of making final. appl.i:ca-
tion'.to the State; now, therefore, be it
RESOLVED, That staff be and hereby is directed to complete the
Section 17 applications for review by the City Attorney, and be it
further
RESOLVED, That, upon the recommendation of the Planning and Develop-
ment Committee, the Mayor is hereby authorized and directed to
execute the applications for the City of Ithaca.
Discussion followed on the floor.
} Amending Resolution
t)J By Alderperson Peterson: Seconded by Alderperson Cummings
RESOLVED, That the first. RESOLVED read as follows:
tLE RESOLVED, That staff be and hereby is directed to complete t:lie
�,j Section 17 applications in accordance with the criteria for selection
of landlords as distributed to Council and with the following addi-
tional provisions that the program be exclusively for the following
categories of landlords:
1. landlords who reside in the building to be assisted.;
2. those residing within 200 feet of the building to be
(4wov assisted; and
3. those who have fewer than 10 units for rent.
A vote on the amendment resulted as follows:
Carried Unanimously
A vote on the main motion as amended resulted as follows:
Carried Unanimously
Youth Bureau
Alderperson Cummings presented an update on the Youth Bureau facility.
Discussion followed on the floor.
Resolution
By Alderperson Hoffman: Seconded by Alderperson Cummings
RESOLVED, That Common Council accepts the design for the new Youth
Bureau facility, as finally prepared by William Downing Associates,
and reviewed by the Budget and Administration Committee, and
authorizes the Department of Public Works to solicit bids for
construction of the facility.
Carried Unanimously
DSS Location
(600" Alderperson Cummings reported that the city committee has been
meeting with the county board to discuss potential locations and
there is a very strong possibility that DSS will not stay in its
present location. 7110 committee will investigate all possible
options for downtown location. The Planning � Development Committee
have asked planning staff to examine sites and the city attorney to
investigate specific existing sites.
Alderperson Hoffman commented that the County Planning Department
want to make sure we don't leave them out in the process of reviewing
sites.
140 -10- May 1, 1.985
Alderperson Cummings said that we need to move with some speed as
this is a priority matter. The Planning and Development Committee
will have the issue on its next meeting agenda.
Revised Environmental Assessment Form
Alderperson Cummings reported teat the revised Environmental Assess-
ment Form was distributed at the committee meeting. The purpose is
the cleaning up of short.- and loi)g— term forms to bring then) into
compliance with the city's Environmental Quality Review Act and maybe
add a couple of things to it. Planning f Development Committee will
be acting on it in the corning month, after which it will be referr.ec"
to the Charter & Ordinance Committee.
Brick Policy
Al erperson Cummings recalled that the general brick policy which
was passed called for the Council to come up with some guide lines.
She reported there are a range of options. It has been referred to
the Board of Public Works and staff for additional input.
City -wide Recycling Evaluation
Alderperson Cummings .reported that the committee looked at it and
recommended not only continuing it., but that funding for publicity
be made available up front rather than just putting out on. a. regular
basis throughout the year.
New York State Council on the Arts
Alderperson Cummings reported that Planning Director H. M. Van Cort
will be serving on the architectural and design panel to represent
Ithaca.
Recess
Common Council recessed at 10:00 p.m. and reconvened in regular
session at 10:10 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
D.P.W Authorized Equipment List
By Al . erperson Dennis: Seconded by Alderperson Myers
RESOLVED, That the 1985 Authorized Equipment List for the Department
of Public Works be amended to include the purchase of a 2 -way radio
for the Gorge Ranger, at a cost not to exceed $1,550, and be it further
RESOLVED, That an amount not to exceed $1,550 be transferred within
the Department of Public Works from Account A7111 -220, Construction
Equipment, to Account A7113 -225, Other Equipment.
Carried Unanimously
Capital Reserve Funds
By Alderperson Dennis: Seconded by Alderperson Myers
RESOLVED, That this Common Council authorizes the release of an
amount not to exceed $98,600 from Capital Reserve #4 - Bridges, as
requested by the Board of Public Works, as follows:
Engineering Fees for Inspection of Bridges $45,800
Painting of Stewart Avenue Bridge 52,800
Carried Unanimously
Superintendent Permanent A p p ointment
Hy Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That John A. Dougherty be permanently appointed to the
position of Superintendent of Public Works, as recommended by the
Board of Public Works, and be it further
RESOLVED, That this appointment becomes effective April 10, 1985,
and that it shall be subject to the usual probational. term.
Carried Unanimously
-11-
May 1. , 1.98 51 4 1
Extension of State and County Tax Warrant
By Alderperson Dennis: Seconded y Alderperson Schlather
RESOLVED, That the City Chamberlain be authorized to request. the
County of Tompkins to extend its Warrant for collection of that 1.985
State and County Taxes until June 1, 1985..
Carried Unanimously
Executive Association Unit Agreement:
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the Agreement between I -lie City of Ithaca and the City
Executive Association, for a new three -yeas contract commencing
January 1, 1985, and expiring December 31, 1.987, effective with the
first payroll period of 1985, be approved as recommended by the City's
Negotiator, and that the Mayor and City Clerk be authorized and
Directed to sign and execute the contract on behalf_ of the City under
its Corporate Seal.
Carried. Unanimously
Management Employees Compensation
Lei By Alderperson Dennis: Seconded by Alderperson Haine
la RESOLVED, That Management employees, not covered by a. f-orma.l_ contract,
be granted an increase of 6% for the year 1985; effective with the
first payroll period of 1985.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Cummings, Myers, Romanowski., Dennis, Holdsworth, Haine
Nays (3) - Schlather, Peterson, Hoffman
Absent (1) - Killeen
Carried
Audit
(awol By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That bills audited and approved by the Budget and. Admini-
stration Committee, in the total amount of $8,525.70 as listed on
Audit Abstract #8/1985, be approved for payment.
Carried Unanimously
Water and Sewer Personnel Roster
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1985 Personnel Roster for the Water and Sewer
Department be amended by the addition of 1 Chief Sewage Treatment
Plant Operator IA position, as recommended by the Board of Public
Works, and be it further
RESOLVED, That said position be included on Grade 1 of the 1985
Executive Association Compensation Plan, with a salary range of
$22,940 to $27,909.
Carried Unanimously
Chief Water Treatment Plant Operator Salary
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1985 salary for the position of Chief Water
Treatment Plant Operator be set at $19,705, that being Step 9 on
the 1985 C.S.E.A.- Administrative Unit Compensation Plan, as recom-
mended by the Board of Public Works.
Carried Unanimously
l:c:cy�c] ing Education Coordinator Agreement
By Alderperson Dennis: Sec-- onded_l�_y Alderperson Schlather
RESOLVED, That the Agreement with Lynn B. Leopold to continue the
City -wide Recycling Education Program, as recommended by the
Recycling Task Force, be extended to December 31, 1985.
Ayes (8) - Cummings, Myers, Schlather, Romanowski, Dennis,
Peterson, Hoffman, Haine
Nay (1) - Holdsworth
Absent (1) - Killeen
Carried
2 _12- May 1, 1985
Ithaca Scrap Processors Agreement
By Al e person Dennis: SeCOIlded by Alderperson Schlather
RESOLVED, That the Agreement with Ithaca Scrap Processors to con-
tinue the City -wide. Recycling Collection Program, as recommended by
the Recycling Task Force, be extended to December 31, 1985.
Ayes (8) - Cummings, Myers, Schlather, Romanowski, Dennis,
Peterson
Nay (l) - Holdsworth
Absent (1) - Killeen
Carried
Official Meeting Times_
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the official meeting time be changed from 7:30 p.m.
to 8:15 p.m. for the months of June, July, August and September, and
be it further
RESOLVED, That the July meeting of Council be held on Wednesday,
July 10, 1985.
Carried Unanimously
Revenue Sharing Program
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, the proposed federal budget currently being debated at
Congress abolishes the Federal Revenue Sharing Program, and
WHEREAS, the Federal Revenue Sharing Program has become a part of
the City revenue stream, provid.ilig the funds necessary for numerous
City projects, equipment and services; now, therefore, be it
RESOLVED, That the Ithaca City Common Council does herewith strongly
urge the U.S. Congress to ensure the continuation of the Federal
Revenue Sharing Program at substantially the same levels of funding
as currently, and be it further
RESOLVED, That the Ithaca City Clerk be, and he is, hereby directed
to furnish copies of this resolution to the U.S. Senators Daniel P.
Moynihan and Alfonse D'Amato, and U.S. Congressman Matthew McHugh.
Carried Unanimously
Computer Equipment
By Alderperson Dennis: Seconded by Alderperson Myers
RESOLVED, That this Common Council approves the acquisition of 8
microcomputers, related hardware, software and training for an
initial cost not to exceed $64,000, as requested by the Computer
Advisory Group and recommended by the Budget and Administration
Committee.
Carried Unanimously
I Wn
HUMAN SERVICES COMMITTEE:
Alderperson Hoffman informed the Council that the committee will
discuss ways to offer some incentives to Volunteer Fire Fighters
at the May meeting, and hope eventually to have some recommendations
for Council.
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amen ing Sections 30.
Municipal Code Yard I�laintenancc�-
40 and 30.3 of the City o:l Ithaca
By Alderperson Schlather: Seconded by Alderperson Dennis
ORDINANCE, NO. 85 -S
AN ORDINANCE AMENDING SECTION 30.40 OF CHAPTER 30 ENTITLED.
'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE BY DESIGNATION
OF SUBDIVISION A AND ADDITION OF SUBDIVISION B ENTITLED "YARD
MAINTENANCE "; AND AMENDING SECTION 30.3 BY ADDITION OF PARA-
GRAPH 99 TO SUBDIVISION B ENTITI__'D "SPECIFIC TERMS OR WORDS."
BE IT ORDAINED AND ENACTED by ! lac Common Coulicil of the City
of Ithaca, New York, as follows:
pnr
-13-
May 1, 198 43
SECTION 1. That g 30.40 entitled "General standards a 1 in
to all land uses" be and the same is hereby amended to read
011ours:
"A. All uses hereafter permitted shall conform to the current
New York State Board of Health Requirements and to the standards
listed below:
1. Noise. Noise levels at any point along the lot line of
any land use shall not exceed intensities considered acceptable
by the American Standards Association. Sound or noise levels
deemed by the ASA standards injurious or detrimental to adjacent
land uses MUST BE CONFINED TO THE E3N1JTTING LAND USE.
2. Smoke. No smoke shall be emitted in violation of any
provisions of this Municipal Code.
3. Odor. No odor shall be emitted in violations of any
provisions of this Municipal Code.
4. Ash, dust, dirt. No amount: of soot, cinders, dust: or
dirt shall be emitted in violation of any provisions of this
Municipal Code.
S. Glare and heat. No direct or reflected glare or heat
from any source shall be detectable beyond the lot lines of any
land use,
6. Pollution. No connection with an), public sewer or
appurtenance shall be made or maintained in such a manner that
there may be conveyed or created any hot, suffocating, corrosive,
inflammable, poisonous or explosive liquid, gas, vapor, substance
or material of any kind. No wastes conveyed to or allowed to flow
in and through the sewer or appurtenance shall contain materials
which contain or create deposits obstructing flow in the sewer..
7. Vibration. No use shall be operated so that ground vi-
bration is perceptible without instruments, at any point along
the lot lines of such uses.'
',B. Yard Maintenance.
All owners of occupied or vacant buildings, or vacant but
previously developed lots, shall be required to comply with the
following yard maintenance standards:
1. Any yard area (front_, side, and rear) belonging to an
occupied or vacant building, and any previously developed vacant
lot, shall be cleared and maintained free of trash, solid debris,
or any other material that causes litter and accumulates to un
healthy and blighting proportion. Composting of vegetation or
food scraps which does not throw off any obnoxious odor shall not
be prohibited by this section.
2. No grass, weeds, or vegetation whatsoever shall be per-
mitted to grow or remain on the side, front and /or rear yards of
any property containing an occupied or vacant building, or any
previously developed parcel, to such extent as to produce an un-
sightly, disagreeable appearance objectionable to the neighborhood
and not consistent with neighborhood standards of yard upkeep, or
to throw off any obnoxious odor. Any vegetation planted for some
useful. or ornamental purpose shall not be governed by this rec {irire-
ment.
3. The Building Commissioner shall notify the owner of the
property in writing of any violations of this section. Such notice
shall be served in person or by mail to the address appearing on
the City tax roll, requiring such person within a time specified in
suc}i notice, but in no event less than five (5) days from the service
1 '4 1
-14- May 1, 1985
or mailing thereof, to comply with this section and to cause the
grass, brush, or rubbish to be cut back or removed. so as to comply
with this Section. Such notice shall also state that the property
owner may contest the finding of the Building Commissioner by making
a written request to have a hearing on the matter to be held at the
next regularly scheduled meeting of the Board of Public works; this
written request must be mailed and postmarked, or personally delivered,
to the Building Commissioner within the 5 -day compliance period; -any
such written request for a hearing shall automatically stay further
enforcement concerning the alleged violation pending such hearing;
the decision of the Board of Public works, by majority vote, shall
be binding, subject to any further judicial review available to
either the City or the property owner. Upon the failure of such
owner to comply with such notice, or alternatively request a hearing
as aforesaid, within the time limit stated therein, or upon a Board
of Public works determination after a hearing that a violation exists,
the Building Commissioner shall refer the matter by memorandum to the
Superintendent of Public works, who shall cause such premises to be
put in such condition as will comply, and shall charge the cost
thereof to the owner of said premises, including a fifty percent (SOU
charge for supervision and administration. The minimum charge to
the property owner shall be twenty -five dollars ($25.00). Bills
rendered for such services shall be handled in the manner prescribed
by Section 272.2 of the Municipal Code.
4. In cases where the Board of Zoning Appeals finds that a
property is of such size or of such topographical characteristics
as to make compliance with this Section impractical or a financial
hardship to the owner, the Board may grant an exemption (or a
partial exemption to the extent dictated by the special circum-
stances) from the requirement. Similarly, if the Board finds that
there exists a situation involving desirable plant species or animal
habitat deemed worthy of preserving, it may grant an exception from
the requirements."
SECTION 2. That S 30.3 entitled
amended to add a new Subdivision 99
vacant lot or parcel ";
"Definitions," be and it is hereb
entitled. "Previously developed -a)
1199. Previously developed vacant lot or parcel: A lot or parcel
of land upon which one or more buildings have been erected at some
time in the past, but upon which no buildings now stand."
SECTION 3. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in g 3.11(B) of
the Ithaca City Charter.
Carried Unanimously
Introduction of a Local Law in relation to the maximum exemption
allowable for the alternative veterans exem tion from real pro ert
taxation - -To Be Placed on Ta le
Al erperson Schlather placed the following Local haw on the table
(to be considered at the June 2, 1985 meeting of the Council):
ALTERNATIVE VETERNAS EXEMPTION
REDUC'T'ION OF MAXIMUM EXEMPTION
Local Law for the City of Ithaca, New York
Local Law No. of the year 1985.
A local. law in relation to the maximum exemption allowable for
the alternative veterans exemption from real property taxation.
Be it enacted by the Common Council of the City of Ithaca
as follows:
Section 1. The purpose of this 1alw is to reduce the maximum
veterans exemption allowable purstiant to section 458 -a of the Real
Property Tax Law of the State of New York.
-ls-
SECTION 2.
May 1, 198445
Pursuant to the provisions of subdivision 2(d) of section 458 -a
of the Real Property Tax Law of the State of New York, the maximum
veterans exemption from real property taxes allowable pursuant to
section 458 -a of the Real Property Law is established as follows:
(a) Qualifying residential real property shall be exempt' fro ai
taxation to the extent of fifteen percent of the assessed value of
such property; provided, however, that such exemption shall not
exceed the lesser of six thousand dollars or the product of six
co", thousand dollars multiplied by the latest state equalization rate
of Ithaca, New York.
Charter and Code Commission
Alderperson Schlather presented the following report to the Council:
"After lengthy meetings with department heads and much debate, the
Charter and Ordinance Committee recommends changes to the City
Charter consistent with the following proposal for appointment of
department heads.
I. The following department heads and positions shall be filled
in the manner set forth below: Superintendent, Department of
Public Works; Police Chief; Fire Chief; Youth Bureau Director;
Building Commissioner; City Comptroller; City Clerk; Planning
Director; City Chamberlain; Personnel Administrator; Purchasing
Agent; and City Engineer.
II. An ad hoc selection committee shall be established to fill each
of the above positions as the need arises. The committee shall
consist of three members of the appropriate overseeing layboard
or commission, to be selected by that board or commission; two
Common Council members to be selected by Common Council; one
person with profcss:i.onal experience in the job area at issue,
to be appointed by the Mayor; and the Personnel Administrator.
The selection committee itself may appoint other non- voting
members ex officio as it deems necessary.
Ill. The selection committee shall submit three names with recommenda-
tions to the Mayor.
IV. The Mayor shall make tile. appointment from this list of three
names.
(b) In addition to the exemption provided by paragraph (a) of
this subdivision, where the veteran served in a combat theatre of
combat zone of operations, as documented by the award of a United
States campaign ribbon or service medal, qualifying residential
real property also shall be exempt from taxation to the extent of
ten percent of the assessed value of such property; provided,
(`!
however, that such exemption shall not exceed the lesser of four
i
thousand dollars or the product of four thousand dollars multiplied
by the latest state equalization rate of Ithaca., New York.
i
(c) In addition to the exemptions provided by paragraphs (a)
id4
and (b) of this subdivision, where the veteran. received a compensa-
tion rating from the United States veteran's administration because
of a service connected disability, qualifying residential real
property shall be exempt from taxation to the extent of the product
of the assessed value of such property multiplied by fifty percent
of the veteran's disability rating; provided, however, that such
exemption shall not exceed the lesser of twenty thousand dollars or
the product of twenty thousand dollars multiplied by the latest state
equalization rate for Ithaca, New York.
Section 3. This local law shall take effect immediately upon its
ilf —iig with the Secretary of State.
Alderperson Holdsworth requested that the record reflect his objection
to this inasmuch as there was no preceding motion to reconsider the
issue, and it has already been voted on.
Charter and Code Commission
Alderperson Schlather presented the following report to the Council:
"After lengthy meetings with department heads and much debate, the
Charter and Ordinance Committee recommends changes to the City
Charter consistent with the following proposal for appointment of
department heads.
I. The following department heads and positions shall be filled
in the manner set forth below: Superintendent, Department of
Public Works; Police Chief; Fire Chief; Youth Bureau Director;
Building Commissioner; City Comptroller; City Clerk; Planning
Director; City Chamberlain; Personnel Administrator; Purchasing
Agent; and City Engineer.
II. An ad hoc selection committee shall be established to fill each
of the above positions as the need arises. The committee shall
consist of three members of the appropriate overseeing layboard
or commission, to be selected by that board or commission; two
Common Council members to be selected by Common Council; one
person with profcss:i.onal experience in the job area at issue,
to be appointed by the Mayor; and the Personnel Administrator.
The selection committee itself may appoint other non- voting
members ex officio as it deems necessary.
Ill. The selection committee shall submit three names with recommenda-
tions to the Mayor.
IV. The Mayor shall make tile. appointment from this list of three
names.
146
-16- May 1, 1985
V. The Mayor's appointment shall be subject to the approval of
a majority vote of Common Council.
VI. All other hiring and firing within the department, including
deputies, shall be by the department head.
The Charter and Ordinance Committee is currently drafting the
local law necessary to change the Charter in various sections so as
to accommodate this proposal."
Discussion followed on the floor.
Election Districts
Alderperson Schlather reported as follows:
"As discussed in the last Common Council meeting, the Board of
Elections requested assistance from Common Council in redefining the
election districts within the five city wards. Since this is
technically the responsibility of the Board of Elections itself, no
formal resolution is required of the Common Council.
Nevertheless, the Charter and Ordinance Committee did receive the
recommendations from alderpersons in each of the five wards. At our
April Charter and Ordinance meeting, we withdrew the proposed
election districts with two objectives in mind: 1) meet the legal
number requirements of the State Election Law; and 2) insure, as
much as possible, that the voters will. not be required to change their
polling places, even if placed in new election districts.
The Charter and Ordinance Committee's recommendations have been
forwarded directly to the Board of Elections. This was requested
by the Board because of its own time constraints. A new city map
setting forth these new election districts is forthcoming from
either the Planning Department or the Engineering Department."
ADJOURNMENT:
On -a motion the meeting adjourned at 10:42 p.m.
ose h A. Rundle, City Clerk / o n C. Gute
erg9/f , Mayor
lr_�