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HomeMy WebLinkAboutMN-CC-1985-07-10COMMON COUNCIL PROCEEDINGS 165 CITY OF ITHACA, NEW YORK Regular Meeting 8:1S P,M. July 10, 1985 PRESENT: Mayor - Gutenberger Alderpersons (9) - Cummings, Dennis, Haine, Hoffman, Holdsworth, Killeen. P -, c,l�., Roma.�iowski. Schlather ABSENT: Alderperson (1) - Myers (6W001 OTHERS PRESENT_ City Controller - Spano City Attorney -- Stumbar Dir., Planning 6 Development - Va;, Cort Dep. Dir., Planning � Development - Mazzarella Buildil g Commissic4i,:r Heard Police Chief Asst. Dire Chief ;)lmsi:c,ad Acting Fire Chief Reeves Supt. of Public Works _. Dougt,f:rty Persojsnel Admi.nisto xt:r_,r - Bes.t- l 1 i T.C• Bd, of Repre5 ;e,j1t:at ivro> a)c" r 1,, ii.on. BPW Commissioners Ben Nlic_rruls, :,jd. Gerkin f 1 Fire Commissioner - Ka-rJ Schmid 1.1) City Clerk - Rundle PLEDGE_ OF ALLEGIANCE: Mayor Gutenberger led all present i_n the Pledge of Allegiance: to the American flag. MINUTES: By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Minutes of the meeting of Common Council of June S, 198S be approved as published. Carried Unanimously SPECIAL ORDER OF BUSINESS: Public Hearing - Proposed Change in the Zoning Ordinance Amending Chapter 30, Sections 30.3, 30.25 and 30.26 of the Cit of It�al ca Municipal Code, as Modified Through the C arter an Or i.nance Committee Resolution To Open Public Hearing By Alderperson Killeen: Seconded by Alderperson Schlather RESOLVED, That the Public Hearing to consider a proposed change in the Zoning Ordinance amending Chapter 30, Sections 30.3, 30.25 and 30.26 be opened. Carried Unanimously Armando Perez, 219 Eddy Street and Joel Fredell, 312 Farm Street spoke to the Council, in favor of the proposed ordinance. Both are members of Project Growing Hope. Resolution To Close Public Hearing By Alderperson Schlather: Seconded by Alderperson Peterson RESOLVED, That the Public Hearing to consider proposed change to the Zoning Ordinance amending Chapter 30 be closed. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: (4woel Planning and Development Committee Alderperson Cummings requested that "resolution calling for action" be substituted for "possible action" in Agenda Item XV.C. No Council member objected. PETITIONS AND HEARINGS OF PERSONS BEFORI: •: "�C I? Sanctuary for Salvadoran an Guatemalan g Refues The following persons spo e to t e Council in favor of the Council declaring Ithaca to be a "Sanctuary City ": Nelson Reppert, 402 N. Aurora Street Dale Hathaway, 162 E. King Road I f11; -2_ July 10, 1985 Matthew C.J. McCarthy, 92 Trumbull Corners Road Michael Pitzrick, 401 Thurston Avenue William Gibson, 101 Poole Road Ron Ozer, 426 E. Buffalo Street The Rev. Paul Gibbons, R.D. #1, Box 104, Trumansburg, N.Y. Mary J6 Dudley, 119 First Street I,ind -? Fin.l ay, ? %? Fa-I (� o(I �^n:1e Moratorium -- Bryant Park and East hill E gar L. Gasteiger, 304 Ithaca Road, presented the following re- quest dated 7/10/85 from the Bryant Park and East Hill homeowners: "In order to preserve neighborhood quality, stability, and family values in the face of increasing parking, traffic, litter, noise and density, we the Homeowners of Bryant Park and East Hill. urge the Common council and the Mayor of Ithaca. to: 1. Adopt a moratorium for: a. Bryant Park and East Hill residential neighborhoods on further conversions of single-family houses to multiple residences, on increases of rentals within existing multiple- dwelling residences, and on the new construction of multiple dwellings. b. Collegetown business zones on residential development of multiple dwellings. 2. Maintain this moratorium until such a comprehensive study of the Bryant town areas that will ensure future with the residential neighborhoods and until such time as .this plan is appropriate ordinances. time as the City completes Park) East Hill, a.nd. College- development is compatible of East Hill and Bryant Park implemented through 3. Improve enforcement of the existing zoning ordinance in order remedy already existing use problems that violate the zoning ordinance." The following persons expressed support of the request for a moratorium: Richard Booth, 110 Delaware Avenue Linda Finlay, 323 Eastwood Avenue, John Johnson, 946 E. State Street Pres., Bryant Park Civic Assoc. Wilcox Press Hilda Han inson, 707 E. State Street, expressed concern about the noise generated by the presses being operated during the night at Wilcox Press. Cable Franchise David Lytel, lU2 First Street, provided an update on the work of the TV Cable Commission. He announced that he and J. Hardesty will be speaking at a meeting to be held in the GIAC Conference Room on July 23, 1985 at 7:30 p.m. tr Open Meetings Law Richard Booti, 110 Delaware Avenue, requested the Common Council to adopt a local law for Ithaca to make party caucuses open to the public as they were prior to recent state legislation. Noise Ordinance Dan Kramer, 0l Willow Avenue, spoke to the Council in favor of the proposed noise ordinance. 11ab'1u 1-k. Drumheller, 100 Graham Rd., Apt. 14E, addressed the Council concerning a proposed Project "Park Watch" to provide safety for children and others using the park. -3- July 10, 1916 Charter Revision Ben Nichols—,71-0-9 Llenroc Court, spoke to the Council with respect: to the proposed Charter change re,,,i- ~ding appointment: and ren-iova7 of certain employees. He commented that he believes the revision goes much farther than is necessary; specifically, lie doesn't believe the Superintendent should be given the power to appoint or remove a 1.1 of the Department: of n,0h1 ?_c ivnrks employees. REPORT OF BOARD OF REPt'.ESENTATI' 'L.> City Rep. Lifton reported the following: 1. The T.C. Board of Representatives voted to restructure t:he Department of Health. The Commissioner of Health will be replaced by a Director of Health with the consultation of a medical authority. 2. The Board has received notice from the Tompkins County Coopera- tive Extension Association tl r i :hey are consideri_n.g moving from their current downtown 1r:c:ai. ion which they find unsatis- factory and. many of the locatioij.s they are considering are not: h) within the city, �1 3,. The chair of the Jail Cons tr -ur i :i ()n (. :c)mmi_t:tee has pledged that c ; r there will be opport :unity fo, �1 }_kub i_ic infor,,iati_on e s "J o)) l where the public will be invited to see the current plans for ( the new jail. After that there will be another public hearing. s_ 4. The county is going to have to deal with the on-call cyst :em, dealing with the outcome of procedures impacting on children. It provides for intervention in votential.ly child abusive cases throughout Tompkins County. The Commr. of S.S. wants to change the procedures on how this is done. Twenty -nine of her staff are saying those procedures are inappropriate from legal con- tractual arrangement and from the policy standpoint. At least six of these employees came to a board meeting to speak on this issue, but the chair ruled that the board couldn't hear the substantive issues. The city representatives, as well as Mrs. Livesay, voted to overrule the chair, but were in the minority. COMMUNICATIONS FROM THE MAYOR: Ithaca Festival Mayor Gutenberger presented the following letters from the Fund - raising Coordinator of Ithaca Festival '8S and the Ithaca Festival '8S Committee: "June 27, 1985 Mayor John Gutenberger Ithaca City Hall Dear Mayor Gutenberger, On behalf of the 1985 Ithaca Festival Committee, I want to thank the City of Ithaca for providing its beautiful parks and facilities, and its enthusiastic peoplepower to our event this year. Without the continuous support received from the City, the Festival would not be able to showcase the unique spirit of Tompkins County on such a grand scale. As the Festival Committee looks toward the Tenth Anniversary Festival, it is aware of new cliallenges and as a result, new solutions. To (Wwooe produce a gala event, and one which all Ithacans can participate in, will require long range planning and fundraising. The Festival Committee looks forward to working with the municipality, the busi- ness, the arts, and the educational communities with Tompkins County to identify areas of mutual benefit and cooperation. The Festival Committee would consider any efforts from the Mayor's office to be invaluable. I am also enclosing a letter from our office to the City Controller. Not enough kind words can be said about the efforts of Ms. Deming on our behalf. This donation to the City is merely a token of our appreciation. With best wishes Carol S. Bushberg, Fundraising Coordinator, Ithaca Festival '8S" 16S ._4_ July 1.0, 1985 "June 26P 198S Joe Spano, City Controller Ithaca City Hall Dear Mr. Spano, tv�� iLLl dCi�ti I am _ilcivsir)g a s =llec Imo' gift is give]] to our office on behalf of Ithaca. Festival 8S, This g g - Y in appreciation of the hard work and experienced advice provided to this community event by Ms. Jean Deming, Tompkins County Cultural Coordinator. Ms. Deming felt that, as a. City employee, she could not accept this honorarium in her name. However, Ms. Deming ex- pressed an interest in seeing this money put towards the "Piano Fund" or a "Special Performance Fund" which she is currently developinge We appreciate your help towards this end. General and heartfelt thanks for a].]. the efforts the Cii:y of Ithaca has made on our behalf. We look forward to continued cooperation in years to come. Sincerely, The Ithaca Festival '8S Committee" MAYOR'S APPOINTMENTS: Youth Bureau Boar Mayor Guten erger reported that lie had. appointed Diana Kurlander, 111 Ithaca Road, as youth representative, "to the Youth. Bureau Board for a term which expires December 31, 1987, CITY ATTORNEY'S REPORT: C err Street Industrial Park City Atty. Stum ar reporte G that the Pipe Welding Supply Co., Inc. lease has been signed and they are official tenants of the park. Open Meetings Law City Atty. Stum ar informed the Council that they do have the power to make the city's open meeting law more open than the state's legislation. HUMAN SERVICES COMMITTEE: Sanctuary for Salvadoran and Guatemalan Refugees By Alderperson Hoffman: Seconded by Al erperson Maine WHEREAS, The United States supported the United Nations General Assembly's adoption of the Universal Declaration of Human Rights, December 10, 1948, which commits the member states to recognize and observe that "everyone has the right to seek and to enjoy in other countries asylum from persecution" (Article 14.1); and WHEREAS, The United States, E1 Salvador and Guatemala have all ratified Geneva Convention IV, Relative to the Protection of Civilian Persons in time of war, August 12, 1 -949, which prohibits "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture" (Article 3(1); and WIIEREAS, The United States has acceded to the 1967 United Nations Convention and Protocol Relating to the Status of Refugees, which states that "no Contracting State shall expel or return a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religic , nationality, membership of a particular social group or political opinion" (Article 33.1); and WIIEREAS, Article 1 of the Convention defines a "refugee" as any person who, "owing to well- founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside of the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country;" and -5- July 1.0, 1344) WHEREAS, the United States Refugee Act of 1.980 (P.L. 96 -2125% 94 Stat. 102) authorizes the grant of asylum to refugees who are defined in terms identical to the United Nations 1967 Conveni-j on; and WHEREAS, many thousands of Salvadoran and Guatemalan non - combatant: citizens have been killed, "disappeared," tortured, and detained without legal proce -s in their rountrie-2 during the last five years Of 1•J D"farE'. ;iitt.' i.X'1 i_i'; aTld WHEREAS, hundreds of thousands of Salvadorans and many thousands of Guatemalans have fled their countries seeking refuge, but the Uni.ted States is deporting Salvadorans at the rate of 100 a. week back to E1 Salvador and from 1982 through 1984 the United States deported nearly 2000 Guatemalans back to Guatemala; and WHEREAS, the Immigration. and Naturalization Service has granted political asylum to less than 3° of the Salvadorans who apply; and of the 983 cases of Guatemalans ,ipplyi_ng for political asylum in the U.S. between October 1983 aid December. 1.984 only three applica- tions were granted; and WHEREAS, under the Refugee Admi.ssi.o)lr, Program, wlii.ch g; °aalt! only 1000 admissions from all of Latin America, noise have been grai)ted to Guatemalans under the pxesenf �d)i-Jnistration; and. WHEREAS, the Ithaca Area Sanctuary Committee has coordinated a local effort to involve local. churches and other rel.i_gi.ous commu n ties in considering the offering of sanctuary to refugees from El. Salvador and Guatemala, with the result to date that the Ithaca friends Meeting has declared sanctuary, supported by the First Baptist: Church, New Jewish Agenda, Social Concerns Committee of St. Paul's United Methodist Church, the Centre for Religion, Ethics and Social Policy and the Committee on U.S. -Latin American Relations at Cornell; and WHEREAS, the Tompkins County Human Rights Commission has awarded (600", the Ithaca Area Sanctuary Committee the 1985 Human Rights Group Award, which states that "by your efforts on behalf of equal. rights you have brought dignity to your community and distinction to your organiza- tion," and many other Ithaca citizens have publicly expressed their concern and support for this effort; and WHEREAS, the City of Ithaca wishes to support its citizens in their efforts to maintain and further human rights for its citizens and and for all who come within its borders; and WHEREAS, a Salvadoran refugee, Esperanza, with her baby daughter is currently being provided sanctuary by the above named religious communities in Ithaca, having fled her country fearing for her life; now, therefore, be it RESOLVED, That the Common Council declares Ithaca to be a "Sanctuary City" for Salvadoran and Guatemalan refugees fleeing the general conditions of persecution and pervasive violence to life and person in their homelands, and who are now or at some future date may be residing in Ithaca, until they can safely return to their homeland or until they receive federally recognized residency status; RESOLVED further, That the Ithaca Common Council directs, except as otherwise provided by law, that neither the City Administration nor any member of Common Council or any city committee, nor any depart- ment head or city employee, when acting in that capacity or as an agent of the City, take any action contrary to the safety and welfare of Esperanza, her child, or any other Guatemalan or Salvadoran refugee sponsored by the Ithaca Area Sanctuary Committee or its affiliated sanctuary church communities, including an act which would subject the refugee to arrest by the Immigration and Naturalization Service, or of others because of their involvement in, or support of, sanctuary; RESOLVED further, That the Ithaca Common Council requests that the Immigration and Naturalization Service inform the Ithaca Area 170 M July 1.0, 1985 Sanctuary Committee of any arrests it has made of those in sanctuary or working in support of sanctuary within the City of Ithaca or County of Tompkins immediately upon making such arrests; RESOLVED further, That the Ithaca Common Council asks, in the name of respect for international law and human rights, that the federal authorities, including the Congress, take action to temporarily SLl4I: + "Tlti tale 1= 'sl:t',rta -t_i ..)n n ;. f E �ltf� ('r' , l who have fled to the United States from persecution in their home countries; and that to this end the Common Council urges that the Congress require non - discriminatory compliance with the Refugee Act Of 1980, and supports the legislation introduced by Congressman Moakley and supported by all three Congressmen serving Tompkins County (H.R. 822 and S. 377) granting "extended voluntary departure' status to refugees from El Salvador, but urges that that legislation be expanded to include Guatemalans as well; RESOLVED further, That the City Clerk communicate this resolution to all city departments and committees, to the New York congressional delegation, the local and national directors of the Tmmi.gra.tion and Naturalization Service,, and President Ronald Reagan. Discussion. followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Peterson., Hoffman, Killeen, Haine, Dennis, Schlather, Cummings Nays (2) - Holdswor.th, Romanowski. Absent (1) - Myers Carried. Recess Common. Council. recessed at 9:55 p.m. and reconvened in regular session at 10:05 p.m. HUMAN SERVICES COMMITTEE: Non - discrimination Clause for City Contracts By Al erperson Hoffman: Seconcec y Al erperson Schlather WHEREAS, the Human Services Committee has recommended that non- discrimination language should be included in all City contracts; now, therefore, be it RESOLVED, That the following clause shall be included in any City contract: "The contractor will not discriminate against any employee, applicant for employment, sub - contractor, supplier of materials or services or program participant because of race, age, creed, color, sex, national origin, disability, marital status or sexual preference." Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Handicapped Accessibility , Alderperson Hoffman reported that the committee will be receiving t' city's self evaluation of its compliance with handicapped accessi- bility at its next public meeting which is scheduled for July 2S, 1985 at 7:30 p.m. in the Common Council chambers. The committee will also be considering a grievance process for anyone who feels that the city has not fully complied with regulations. PLANNING AND DEVELOPMENT COMMITTEE: Colle etown East Hill Overall Plan Al erperson Cummings reported That the Planning and Development Committee, at its meeting two weeks before, reviewed the outline for East Hill study put forth by the Planning Department examining problems in four specific areas: (a) conversion of single- family and owner - occupied units to multiple- occupancy by renters; (b) the -7- July 10, 19151 appropriateness of existing zoning regulations on East Hill in the R -1, R -2, R -3 and B -2 zoning districts; (c) appropriateness of the boundaries of those districts; and (4) changes to the existing parking regulations enforcement procedures. This plan is underway. Surveys have begun of the neighborhood itself, physical on -site urvev �;?1.1 as searches of the records wit j, 1. I'Le tilt at the ne_igltborhood forma the r,i_ '_[. ) efui :e whi�ch was heavily attended by the East Hill and Bryant Park Civic Associations, with residents for information gathering on their neighborhoods. The East Hill Study Plan is a part of the city's efforts to do a larger master plan and the Planning Board is proceeding with setting up master planning procedures an, ", there should be a report and recommendation by the end of the stammer for the master plan to be included in the budget proposals for next year. We are looking at several months time for the East hill plan to be completed. Zoning Change (East Hill Residential Area Boundary Chart Regulations Q.) and Non - conforming Use Controls By Alderperson Cummings: Seconded by Alderperson. Killeen t)� RESOLVED, That Ordinance No. 8S- entitled "An Ordinance Ailiending i) the Official Zoning Map and Section X0.25 of Chapter 30 of the City 11 of Ithaca Municipal Code" is hereby introduced before the Common CIS Council of the City of Ithaca, N.Y., and be it further �A RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Council Chambers, City Hall, 108 East Green Street in the City of Ithaca, N.Y., on Wednesday, the seventh day of August, 1985, at 8:15 p.m., and be it further RESOLVED, That the City publication of a notice time when and the place (two, in general terms descril shall be published once and be it further Clerk give notice of such public hearing by in the official newspaper, specifying the where such public hearing will be held, and Ding the proposed ordinance. Such notice at least fifteen days prior to the hearing, RESOLVED, That the City Clerk shall transmit forthwith to the Planning and Development Board of the City- of Ithaca and to the Tompkins County Planning Board a true and exact copy of the proposed zoning ordinance for their report thereon. Discussion followed on the floor. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Cummings RESOLVED, That Section 2. Amending Section 30.25 be deleted from Section 1, and be incorporated in a separate ordinance. Ayes (S) - Peterson, Killeen, Haine, Cummings, Schlather Nays (4) - Roffman, Dennis, Iloldsworth, Romanowski Absent (1) - Myers Carried Resolution By Alderman Schlather: Seconded by Alderperson Cummings RESOLVED, 'Chat Ordinance No. 85- entitled "An Ordinance Amending the Official Zoning (`iap of the City of Ithaca Municipal Code" is hereby introduced before the Coin; :,on Council of the City of Ithaca, N.Y., and he it further- RESOLVED, That the Common Council shall, matter of the adoption of the aforesaid Council Chambers, City Hall, 108 East G Ithaca, N.Y., on Wednesday, the seventh 8:15 p.m. and be it further Bold a public hearing in the ordinance to be held at the reen Street in the City of day of August, 1985, at RI:SOi,VED, That the City Clerk give notice of such public hearing by publication of a notice in the official newspaper, specifying the 172 g _ July 10, 1985 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 hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Planning and Deve)opmPn* Board of the Ciry of Ithaca and to the Tompkins County �„ -. - :,- Y ( ! ;y P1anj; r.j ;;,)a7 . , fi �,. I!�u ; ,' � t.)f E; �li`i''= el r.,)T }.7_Aig for their report thereon. ORDINANCE \0. 8S- AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1, AMENDING THE OFFICIAL ZONING MAP "That the "Official Zoning Map of the City of Ithaca, New York" as last amended, is hereby amended and changed so that the following described area presently located in the R -2a zoning district is recla.ssifi.ed and changed to the R -lb zoning district All. that tract ox parcel of land bounded on the north by the southern boundary of the right -of -way of Harvard Place; on the northeast by the southwest boundary of the right -of -way of Elm- wood Avenue; on the southeast by the southeast sides of tax assessment parcels 67 - -5 -8 and 67- -5 -22; and. on the southwest. by the northeast boundary of the right- of-way of Bryant Avenue, said tract containing all of tax assessment parcels 67 -5 -1 through 67 -5 -8, inclusive, and 67.5 -22 through 67 -5 -26, inclusive as shown on the current ta.x assessment maps and rolls of the County of Tompkins; and All that tract or parcel of land bounded on the north by the southern boundary of the right -of -way of Dryden Road, on the east by the western boundary of the right -of -way of Fairmount Avenue, on the south by the southern boundary of tax assessment parcels 64 -7 -2 through 64 -7 -6, inclusive, and on the west by the eastern boundary of tax assessment parcel 64 -7 -1, said tract containing all of tax assessment parcels 64 -7 -2 through 64 -7 -6, inclusive; and All that tract or parcel of land bounded on the north by the southern boundary of Dryden Road, on the east by the western boundary of the right -of -sway of Maple Grove Place, on the south by a line that extends 125 feet southerly from the south boundary of the right -of -way of Dryden Road, and on the west by the eastern boundary of the right -of -way of Fairmount Avenue, said tract to include all of tax assessment parcels 64 -6 -1 through 64 -6 -3, inclusive, and a portion of 64 -6 -4; and All that tract or parcel of land bounded on the north by the southern boundary of the right -of -way of Dryden Road, on the east by the western boundary of Ithaca Road, on the south by the southern boundary of tax assessment parcels 65 -2 -1, 65 -2 -2, 65 -2 -3 and 65 -2 -5, and on the west by the eastern boundary of the right -of -way of Maple Grove Place, said parcel to include all of tax parcels 65 -2 -1 throt 65 -2 -5, inclusive." J, 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said Zoning Map. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect with law upon publication of notice the Ithaca City Charter. immediately and in accordance as provided in S 3.11(B) of Carried Unanimously -9- July 1.0, J.98f'"J :; Resolution By Alderman Schlather: Seconded by Alderperson Cummings RESOLVED, That Ordinance No. 8S- entitled "An Ordinance Arending Section 30.25 of Chapter 30 of the City of Ithaca Municipal Code" is hereby introduced before the Common Council of the City of Ithaca, N.Y., and be it further matter of the adoption of the at . rsa 1 (1 o1 "ciinanLe to b(: l,eJ d at I.1 "ir Council Chambers, City Hall, 108 East Green Street in the City of Ithaca, N.Y., on Wednesday, the seventh day of August, 1985, at 8:15 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will. be held, and in general terms describing the proposed. ordinance. Such notice shall be published once at least fifteen days prior to the hearing, and be it further It s RESOLVED,, That the City Clerk shall_ transmit fo-rth.wit.h to the Planning and Development Board of the City of Ithaca and to the Tompkins County Planning Board « 1.rue and exact copy of the p)-oposed zoning ordinance for "heir repots, i !.hereon. iO r! ORDINANCE NO. 8S- AN ORDINANCE AMENDING SECTION 30.25 OF CHAPTER 30 OF THE CITY OF ITHACA MUNICIPAL CODE BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: SECTION 1. AMENDING SECTION 30.25 "1. That Section 30.25 "District Regulations Chart" is hereby (4w" amended by deleting from Column 2 a two- family dwelling as a permitted primary use under the R -la and R -lb zoning districts. Columns 6 and 7 of the District Regulations Chart are also amended to delete references to two - family dwellings in the R -la and R -lb zoning districts." SECTION 2. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in S 3.11(B) of the Ithaca City Charter. Carried Unanimously Request for Moratorium -- Bryant Park and East Hill By Alderperson Dennis: Seconded by Alderperson Romanowski RESOLVED, That the request for moratorium by the Bryant Park and East Hill residents be referred to the Planning and Development Committee. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: AN ORDINANCE AMENDING CHAPTER 30 SFfI'IONS 30 3 30.25 AND 30.26 OF THE Cit s aca unici ; o By Alderperson Schlather: Seconded by Alderperson Cummings ORDINANCE NO. 85 -6 AN ORDINANCE TO AMEND SECTION 30.3, DEFINITIONS; SECTION 30.25, DISTRICT REGULA'T'IONS 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 City of Ithaca, N.Y., as follows: SECTION 1. Amending S 30.3 That S 30.3 is hereby amended by adding thereto the following definition: 1 711 -10- July 10, 1985 1.00. "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 organi- zation, for seasonal production of vegetables and other garden produce for home consumption by the individuals or families.directly engaged in such production." That 9 30.25 is hereby amended as follows: Add to Col. 2 under R -1: 1110. Community or Neighborhood Garden." Revise item S, Col. 2, under R -2,to read:: "5. Uses 7 -10 under R -1 Revise item 13, Col. 2 under R -3 to read: "13. Uses 7, 8 and 10 under R�1," Revise item 10, Col. 2, under R -U to read: "10< Uses 7 -10 under R -1." SECTION 3, Amending Subdivision C of 9 30.26 That Subdivision C of S 30,26 is hereby amended by adding thereto the following: To C.I. add: M. Community or neighborhood gardens in all districts. To CA. adds 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 and enjoyment of neighboring 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 organic materials, chemical fertilizers, herbi- cides and pesticides; and a site plan showing the proposed locations of all features of the site, including access point(s) and any of the required parking spaces 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 prompt and propertly 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 individual plots is no larger than that normally used in connection with home gardening, e.g., a typical walk- behind roto- tiller; 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 necessary, and in those instances shall be -11- I'. July 10, 198�5i� (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 habitation or occupancy shall be permitted except for a. weather shelter for gardeners, which may have a maximum 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, (400.1 for each fifteen (1S) individual garden plots on the site, or portion thereof. (S) Yard setbacks shall not be required, except that the provision of 9 30.348 and C. and g 30.42 of this Chapter shall apply to any plantings, fences or accessory structures on the site. C. Before hearing the application, the Board must have written response on the proposal from a majority of those notified by the applicant as required in the procedures set forth in S 30.58. This response, together with any other written comment received by the Board operated only between 8 a.m. and 6 p.m. weekdays; that mulch, compost or organic fertilizer employed in the gardening is confined to the site in a neat an.d. orderly manner, and that no fresh manure shall be used or composted; that noxious fertilizers or noxious chemicals employed in the gardening are used only with the know - 1_ecq c i_r.'•. +::on °..ertl of ,11 . gardeners i)sing the site, all fdlr)i11ii1' i Y'i11i! .'r'i I',.(l', _ tiff, III T "I adjoining properties ; ental. rcr identi.al propert:i e::, with the knowledge and consent of the head of each tenant household; that no flammable liquids will be stored on the site; that noise and odors produced in connection with the gardening activity will be no greater than those normally associated with home gardening; that City residents of the area nearest the site will be given opportunity to obtain plots in the allocation of plots on a first priority basis; that. other Ci t y residents %L!Al be giveii opportunity to obtain p_� o'ts in the allocation of plots on a second priority basis; that unused portions of the site +, be maintained in. a neat and orderly mariner at all i times, aj,d th.,'31: at the Lnd of each gardening see on or with 7-1 30 (!a,,/-s of u,:vocat ion of permit, hichever occurs f.i.(st, the enf:i.c. site will be cleaned and Left with a neat: appearance. In addition, the a.ppli_cable, =' portions of 9 30.32(A) and (C) shall be observed. d. In consideration of the fact that such gardens may be of an interim nature, may occupy only a. portio3; of a parcel, and may be located. on property unsuited for other uses permitted under this Ordinance, the District Regulations specified for permitted uses under. :g 30.25 of this Chapter shall be superseded where applicable by the following regulations for Community or Neighbor- hood gardens: (1) Minimum lot size: none (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 habitation or occupancy shall be permitted except for a. weather shelter for gardeners, which may have a maximum 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, (400.1 for each fifteen (1S) individual garden plots on the site, or portion thereof. (S) Yard setbacks shall not be required, except that the provision of 9 30.348 and C. and g 30.42 of this Chapter shall apply to any plantings, fences or accessory structures on the site. C. Before hearing the application, the Board must have written response on the proposal from a majority of those notified by the applicant as required in the procedures set forth in S 30.58. This response, together with any other written comment received by the Board 448 -12- July 10, 1985 before the hearing, as well as that comment 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 or deny the special permit. f, In granting a special permit for community or neighbor- hood gardens, the Board may prescribe any cond7_tiODS that it deems necessary or desirable, including, but not limited to, additional off - street parking spaces, 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 by the Board.. If, following such reviews 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 (1S) 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 S 30.58 of this Chapter. h. Special permits for neighborhood and community gardens shall be revoked automatically if the site is not used as a community or neighborhood garden," as that term is defined in S 30.3(100), for one complete garden season. SECTION 4. Effective Date This Ordinance shall. take effect immediately and in accordance with law upon publication of a notice as provided in S 3.11(B) of the Ithaca. City Charter.. Amending Resolution By the Alderperson Holdsworth: Seconded by Alderperson Roman RESOLVED, That all reference to R -1 zone be deleted from the proposed ordinance. Ayes (2) - Holdsworth, Dennis Nays (7) - Peterson, Hoffman, Killeen, Haine, Cummings, Romanowski, Schlather Absent (1) - Myers Motion Defeated A vote on the main motion resulted as follows: Ayes (7) - Peterson, Hoffman, Killeen, Haine, Cummings, Romanowski, Schlather Nays (2) - Holdswor.th, Dennis Absent (1) -- Myers Carried An Ordinance Amending Cha ter 68 of the City of Ithaca Municipal Code Noise By Alderperson Schlather: Seconded by Alderperson Killeen ORDINANCE NO. 85 -7 AN ORDINANCE AMENDING CHAPTER 68 ENTITLED "NOISE" OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Section 68.03 of Article I entitled "GENERAL PROVISIONS" is amended as folloWs: F&F -13- Jul.y 10, 1985 a. That paragraphs 5 and 6 of S 68.03 entitled "Definitions" are designated as paragraphs 7 and 8 and are hereby amended to read as follows: "7. "Daytime hours" shall mean the hours between eight a.m. and ten p.m. local time on Sunda- through Thursday, and between eight a.m, and twelve o'clock m �iiipht local time on Friday and Sato E d..t,," "8. "Nighttime hours" shall mean the hours between ten p.m. local time on Sunday through Thursday and eight a.m. on the (600, following day, and between twelve o'cl.ock midnight local. time on Friday and eight a.m. of the following day." b. That two new paragraphs to be designated as 5 and 6 of S 68.03 entitled "Definitions" are added to said Section to read as follows: "5. "Impulsive sound" - a sound of short duration, usually Less than one (1) second, and of high intensity, with an abrupt onset (( and rapid decay." "6. "Person" includes the sii,;:;iil.ar and plural arid also: any i.ndi-- vidual; any property owner and /oi- Lessee; any firm; corporation; R`! political subdivision; government: agency; association or organiza i:ion; 6.11 including but not limited to officers, directors, employees, agents and /or independent contractors thereof; or any legal. entity whatso- ever." Section 2. That a new Section to be known and designated as g 68.1 of Article I entitled "GENERAL PROVISIONS" be added to said Chapter to read as follows: "S 68.1 Standards for Determination Excessive noise shall mean any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of persons from at least two different premises; or which causes injury to animal life or damages to property or business; standards to be considered in determining whether excessive noise exists in a given situation include, but are not limited. to, the following: (i) the intensity of the noise. (ii) whether the nature of the noise is usual or unusual-. (iii) whether the origin of the noise is associated with nature or man -made activity. (iv) the intensity of the background noise, if any. (v) the proximity of the noise to sleeping facilities. (vi) the nature and the zoning district of the area within which the noise emanates. (vii) the time of the day or night the noise occurs. (400" (viii) the time duration of the noise. (ix) whether the sound source is temporary. (x) whether the noise is continuous or impulsive. (xi) volumes of noise." Section 3. That Section 68.21 of Article II entitled "SPECIAL NOISE SOURCES" is hereby amended to read as follows: 178 -14- July 10, 1985 "S 68.21 Radios, television sets and similar devices for amplifying sound A. It shall be unlawful for any person anywhere in the City to use or to operate any radio or receiving set, musical instru- ment, phonograph, television set, or other machine or device for the rroduring or reprodlicinc* of sound that during the nighttime }10111'.: 7 ,, L`{ Lli ^CS P. 1 }1 Ls Ills ��t . }i.lC.< LVe 1101 within any residential, University or Public Zone. B. It shall be unlawful for any person within any residential, University or public zone as defined in the Zoning Ordinance of the City of Ithaca to use or operate any radio receiving set, musical instrument, phonograph, television set, or other machine or device for the producing or reproducing of sound that during the nighttime hours as defined in this ordinance, either produces excessive noise or emits a sound greater than fifty -five (55) decibels as measured at, the property line of the emitting source or the adjacent public right -of -way. During the daytime hours it shall be unlawful for any person to operate or use any radio re- ceiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound at a level greater than sixty decibels as measured at the property line of the emitting source, or the adjacent public right -of -way. The corresponding sound levels permitted in the commercial (busi- ness and marine) zones shall be fifty -five (55) decibels nighttime and sixty -five (65) decibels daytime, In the industrial zones the sound levels permitted shall be fifty five (55) nighttime and seventy -five (75) decibels daytime, as indicated in the following chart: Daytime Nighttime 8 A.M. - 10 P.M. 10 P.M. - 8 Ii.M. Sun., lion., Tues., Sun., Mon., Tues. Wed., Thurs. Wed., Thurs. 8 A,M. - 12 Midnight 12 Midnight - 8 A.M. Fri., Sat. Fri., Sat. Residential, University, Public Zones 60 db. 55 db. Commercial, Marine zones 65 db. 55 db. Industrial zones 75 db. 55 db." Section 4. That Section 68.24 of Article II entitled "SPECIAL NOISE SOURCES" is hereby amended to read. as follows: "S 68.24 Machinery, equipment, fans and air conditioning Except by written permit obtained in the manner set forth in S 68.20, below, it shall be unlawful for any person to operate any machinery, equipment, pump, fan, air- conditioning apparatus, or similar mechanical device in any manner so as to exceed the noise levels permitted in the residential, commercial, or industrial zone where the noise is created during either the nighttime or daytime hours as indicated in the chart in S 68.21." Section S. That Section 68.25 of Article II entitled "SPECIAL NO SOURCES" is hereby amended to read as follows: "S 68.25 Construction of buildings and projects Dur=ing the nighttime hours as defined in S 68.03 herein, it shall be unlawful for any person within a residential zone, or within a radius of five hundred (500) feet of a residential zone, to operate construction equipment or perform any outside construction or repair work except that of a emergency nature or that of a domestic nature on buildings, structures, or projects, or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction equipment except to perform emergency work. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and the penalties that may result if the violation continues. -15- July 7.0, 19W.) If any domestic power tool, including but not limited to mechani- cally powered saws, sanders, grinders, and lawn and garden tools used outdoors, is operated during the nighttime hours, no person shall operate such machinery so as to cause excessive noise across a residential real property boundary." Section 6. That Section 68.28 of Article II entitled "SPECIAL NOISE. Sol IRi.i;,`_:" �. Is _ .�is . r�' "S 68.28 Additional regulations A. It shall be unlawful for anv Cov cause to be made or continued, any noise or sound that shall continue minutes in any sixty - minute period . mitted noise levels specified in S designated official of the City of that the violation exists and t:fie person to make or continue, or loud, unnecessary or unusual. for more than three cumulative and which shall exceed the per - 68.21 of this ordinance. Any Ithaca may issue a verbal warning penalties that may ensue. B. Impulsive sound in air which has a peak sound pressure level across a property line in excess of 120 db /A's daytime or 700 db /A's nighttime in or within five hundred (500) feet of a i °ei.deni:ial area shall be prohibited." Section 7. That a new Section to be known and designated as S 68.29 of Article II entitled "SPECIAL NOISE SOURCES" be added to said Chapter to read as follows: "S 68.29 Permit Procedures Where a sound source is owned or operated, or is planned or i.ii- tended to be installed or modified by any person in a manner that such source violates or will violate this ordinance, such person must secure a permit. The application for the permit shall provide the following information: a. the reasons for such usage b. plans and specifications of the use C. noise abatement and control methods to be used d. time schedule e. demonstration why applicant cannot conform to the ordinance The application shall be made: to the Superintendent of Public Works in connection with work on public rights -of -way and parks; to the Building Commissioner for all other construction projects; and to the Mayor for all other events. A public hearing shall be held in connection with the application if the proposed noise is scheduled to continue in, or to affect, a residential zone for two weeks or more. The issuance of permits shall be discretionary." Section 8. That Section 68.30 of Article III entitled "VIOLATION AND PENALTY" is hereby amended to read as follows: "S 68.30 Violation A. Any sound originating from a stationary property location (400", which is measured at the property line from which the sound is emanating and found to be in excess of the levels permitted for the zone as specified in this ordinance shall be a violation of this ordinance. B. Any sound originating from a transient noise source and measured on a standard meter at a distance of fifty (50) feet from the emitting source which is found to be in excess of the noise levels specified in this ordinance or of the New York State Vehicle and Traffic Law shall be a violation of this ordinance. C. Any excessive noise within the meaning of S 68.1 of this Chapter during the nighttime hours as defined in this ordinance shall be a violation of this ordinance. 80 -16- Section 9. That Section 68.31 AND PENALTY" is hereby amended to "S 68.31 Penalty July 10, 1985 of Article III entitled "VIOLATION read as follows: Any person who shall violate any provision of this Chapter shall be punishable as provided in S I.10 of this Code." Section 10. That Article IV ent tied "SEVER_aBILITY" is designated and numbered to read as follows: ARTICLE IV SEVERABILITY "S 68.50 Severabilit If any provision of this ordinance or the application thereof to any person or circumstance is adjudged invalid by a court of compe- tent jurisdiction, such judgment shall not affect or impair the validity of the other provisions of the ordinance or the application thereof to other persons and circumstances, Section 11. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in S 3.11(B) of 'the Ithaca City Charter. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Proposed Local Law Amending Article II, Article III, Article V, Article VI and Article II of the City of Ithaca Municipal Code A ointment and Removal of Certain Em to ees By Al erperson Sc lat er: Secon e y Al erperson Holdsworth LOCAL LAW NO. OF THE YEAR 1.985 A LOCAL LAW AMENDING ARTICLE II OF THE CITY OF ITHACA CHARTER, SECTION 2.1 ENTITLED "ELECTIVE AND APPOINTIVE OFFICERS," SECTION 2.2 ENTITLED "OFFICIAL OATH AND BONDS," SECTION 2.11 ENTITLED "BUILDING COMMISSIONER: POWERS AND DUTIES," SECTION 2.18 ENTITLED "DEPARTMENT OF FINANCE -- CREATION; APPOINTMENT OF CONTROLLER," SECTION 2.20 ENTITLED "CITY CONTROLLER; POWERS, DUTIES," SECTION 2.21 ENTITLED "CITY CLERK; POWERS AND DUTIES," SECTION 2.22 ENTITLED "CITY CHAMBERLAIN; APPOINTMENT, REMOVAL, POWERS, DUTIES," SECTION 2.23 ENTITLED "ASSISTANTS AND DEPUTIES," SECTION 2.27 ENTITLED "CITY OFFICERS APPOINTED BY THE MAYOR: PROCEDURE FOR APPOINTMENT AND REMOVAL, SECTION 2.28; ENTITLED "OTHER OFFICERS AND EMPLOYEES: APPOINTMENT AND REMOVAL "; AND ARTICLE III OF THE CITY OF ITHACA CHARTER, SECTION 3.10 ENTITLED "COMPENSATION PLAN FOR OFFICERS AND EMPLOYEES"; AND ARTICLE V OF THE CITY OF ITHACA CHARTER, SECTION 5.11 ENTITLED SUPERINTENDENT OF PUBLIC WORKS, OTHER PERSONNEL; APPOINTMENT, REMOVAL; SALARIES, DUTIES," SECTION 5.12 ENTITLED "INSP.ECTOR OF PLUMBING; APPOINTMENT, COMPENSATION, DUTIES," SECTION 5.41 ENTITLED "FISCAL YEAR DESIGNATED; REPORT OF SALARIES PAID, FUNDS NEEDED, SECTION 5.48 ENTITLED "RUI..ES, REGULATIONS FOR CONDUCT OF DEPARTMENTS, PERSONNEL "; AND ARTICLE VI OF THE CITY OF ITHACA , CHARTER, SECTION 6.4 ENTITLED "POWERS AND DUTIES OF BOARD OF FIRE COMMISSIONERS)" SECTION 6.6 ENTITLED "CHIEF ENGINEER AND ASSISTANT AND ARTICLE II OF THE CITY OF ITHACA MUNICIPAL CODE, SECTION 26.21 ENTITLED "Administration; function, duties of officers." BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.1 entitled ELECTIVE AND APPOINTIVE OFFICERS." SECTION 2.1 of the Ithaca City Charter is hereby amended to read as follows: -17- July 10, 198 f8 i S 2.1 ELECTIVE AND APPOINTIVE OFFICERS "The officers of said city shall be as follows: A mayor and. a city judge to be elected at large by the qualified voters of the city; two alderpersons from each ward, to be elected by the qualified voters of the city residing in each ward, respectively; a city attorney, a city prosecutor, six commissioners of public works, three fire commis- . Sl;jtl',. s �.i.` I;Cii i• _ ir;fi�l +.,, :;,. ,1.}t 1flC:ln })C:l " -- C.� •.:h�' i;G1?�.0 as In the juugmelit oi: the CU11111i01 1: ��1.111C -J.�. may bC�a,;elllc:C1 such officers as are hereinafter, or by the general laws of the state, authorized and provided, all of whom shall be appointed by the mayor, except as otherwise herein or by said general laws provided. The same person may be so appointed to hold one or more of said offices at the same time. There shall also be the following officers of the city who shall be appointed in the manner provided in Section 2.27, below: superintendent of public works; fire chief; youth bureau director; building commissioner; city cont-roller; city clerk; director of plan- ning and development; city chamberlain; personnel admini_stra.tor; and purchasing agent. The common coulic: it may also, prior to each of such appointments, prescribe the duties= of such officers in addition to and not inconsistent with the duties prescribed by this Charter, except as otherwise provided for; and subject to Such provisions of the s common council and to the provi.s is ri.; of i:h i S Cl-i arter the mayor slia 1.1 ) � prescribe the duties and fix the � j i.es of compensa_%i on cif all officers so appointed." SECTION 2. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.2 entitled "OFFICIAL OATH AND POHIDS." SECTION 2.2 of the Ithaca City Charger is hereby amended to read as follows: S 2.2 OFFICIAL OATH AND BONDS "Each officer of the city shall, before entering upon the duties of office, take and file with the city clerk the Constitutional Oa.th. of (awov Office; and where required by ordinance or resolution of the common council, such officer shall file an official bond with such sureties and in an amount as the common council shall. direct. All bonds shall be filed in the city clerk's office and the premiums for all such bonds shall be paid by the city." SECTION 3. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.11 entitled "BUILDING COMMISSIONER; POWERS AND DUTIES." SECTION 2.11 of the Ithaca City Charter is hereby amended to read as follows: S 2.11 BUILDING COMMISSIONER; POWERS AND DUTIES "The building commissioner shall serve as the enforcement officer of all laws, ordinances, rules and regulations, codes and orders applicable to the use of land and the location, design, materials, construction, alteration, repair, equipment, maintenance, use, occu- pancy, removal and demolition of the buildings and structures and their appurtenances located in the City. The building commissioner shall have such deputies and assistants as the common council shall authorize. The compensation of the building commissioner shall be fixed by the common council." (600e SECTION 4. Amending ARTICLE II of the Ithaca Charter, SECTION 2.18 entitled "DEPARTMENT OF FINANCE -- CREATION; APPOINTMENT OF CON- TROLLER." SECTION 2.18 of the Ithaca City Charter is hereby amended to read as follows: S 2.18 DEPARTMENT OF FINANCE -- CREATION; APPOINTMENT OF CONTROLLER "There shall be a department of finance, the head of which shall be the city controller. The city controller shall be appointed by the mayor in the manner provided in S 2.27, below." .189 _18_ July 10, 1985 SECTION 5. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.20 entitled "CITY CONTROLLER; POWERS, DUTIES." SECTION 2.20 of the Ithaca City Charter is hereby amended to read as follows: 9 2.20 CITY CONTROLLER-, POWERS, DUTTES "The city controller shall: 1. As is. 2. Organize the work of the finance department with the offices established by this section, and direct and supervise the subordinate. officers and employees of the department. The city controller may assign and transfer administrative functions, powers and duties among and within offices as the best interest of the city may appear, sub- ject to the charter, local law or ordinance. 3. As is. 4. As is. 5. As is. 6. Pre- audit all payrolls, bills, claims and demands against the city, upon certification by a department head that the amount is due and unpaid according to the records and information of his department. The city controller shall prepare, sign and transmit to the chamber- lain an order directing the chamberlain to pay compensation due to officers and employees listed on a payroll.; and the bills, claims or demands listed on each abstract showing the names of claimants, the amounts approved for payment and the funds chargeable therewith. 7. As is . 8. As is. 9. As is. 10. As is.. 11. Have such other functions, powers and duties with respect to the administration of the city government as may be delegated to the city controller by local law or ordinance." SECTION 6. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.21 entitled "CITY CLERK; POWERS AND DUTIES." SECTION 2.21 of the Ithaca City Charter is hereby amended to read as follows: g 2.21 CITY CLERK; POWERS AND DUTIES "The head of the office of city clerk shall be the city clerk. The city clerk shall be appointed by the mayor in the manner provided in 9 2.27, below. The city clerk shall: 1. As is. 2. As is. 3. Keep and maintain the original authenticated copies of all resolutions, ordinances and local laws. At the close of each year the clerk with the advice and assistance of the city attorney shall compile or codify and bind all local laws, ordinances and resolutions, or true copies thereof, in books to be provided for that purpose. The city clerk shall properly index such books, compilation or codi- fication. The record so made, or a copy thereof, duly certified by -19- July 10, 1.981 -183 the city clerk, shall be presumptive evidence in all courts and places, and in all actions and proceedings, of the due and proper passage and publication of any such local law, ordinance or resolution. 1. Issue licenses and permits authorized to be issued by the city clerk under authority of the council or by a city clerk pursuant to law. S. As is. 6. As is." (4000, SECTION 7. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.22 entitled "CITY CHAMBERLAIN; APPOINTMENT, POWERS, DUTIES." SECTION 2.22 of the Ithaca Cite Charter is hereby amended to read as follows: 9 2.22 CITY CHAMBERLAIN; APPOINTMENT, POWERS, DUTIES "The head of the office of chamberlain shall lie the city chamberlain. The city chamberlain shall be appointed by l.he mayor in. the, manner. provided in 9 2.27; below. I The city chamberlain shall: (�! 1. As is. 2. As is. 3. As is. 4. As is. SECTION 8. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.23 entitled "ASSISTANTS AND DEPUTIES." SECTION 2.23 of the Ithaca City Charter is hereby amended to read as follows: g 2.23 ASSISTANTS AND DEPUTIES "1. ,The Common Council may create, establish or abolish the offices of deputy city controller, the assistant city controller, deputy city chamberlain, deputy city clerk, deputy building commissioner, deputy director of planning and development and deputy fire chief and assistant superintendent of public works. Such officers shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as desig- nated by such superiors; and in the absence, inability or temporary vacancy of their respective superiors,. to act as such and when so acting, shall have all the powers of such office. 2. The deputy city controller, the assistant city controller, the deputy city chamberlain and the deputy city clerk shall be appointed and removed in the same manner as their superiors, unless otherwise controlled by contract or the New York State Civil Service Law. SECTION 9. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.27 entitled "CITY OFFICERS APPOINTED BY THE WkYOR: PROCEDURE FOR APPOINTMENT AND REMOVAL.." SECTION 2.27 of the Ithaca City Charter is hereby amended to read as follows: S. As is. 6. As is." SECTION 8. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.23 entitled "ASSISTANTS AND DEPUTIES." SECTION 2.23 of the Ithaca City Charter is hereby amended to read as follows: g 2.23 ASSISTANTS AND DEPUTIES "1. ,The Common Council may create, establish or abolish the offices of deputy city controller, the assistant city controller, deputy city chamberlain, deputy city clerk, deputy building commissioner, deputy director of planning and development and deputy fire chief and assistant superintendent of public works. Such officers shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as desig- nated by such superiors; and in the absence, inability or temporary vacancy of their respective superiors,. to act as such and when so acting, shall have all the powers of such office. 2. The deputy city controller, the assistant city controller, the deputy city chamberlain and the deputy city clerk shall be appointed and removed in the same manner as their superiors, unless otherwise controlled by contract or the New York State Civil Service Law. SECTION 9. Amending ARTICLE II of the Ithaca City Charter, SECTION 2.27 entitled "CITY OFFICERS APPOINTED BY THE WkYOR: PROCEDURE FOR APPOINTMENT AND REMOVAL.." SECTION 2.27 of the Ithaca City Charter is hereby amended to read as follows: 181 -20_ July 10, 1985 9 2.27 CITY OFFICERS APPOINTED BY THE MAYOR: PROCEDURE FOR APPOINT - MENT AND REMOVAL "1. The following officers of the city shall be appointed by the mayor in the manner provided herein: superintendent of public works; fire chief; youth bureau director; building commissioner; city con - troller; city clerk; director of planning and development; city chamber- lain; personnel administrator: and Purchasing agent. 2. The procedure for such appointments shall be as follows: a. Prior to the appointment, an ad hoc selection committee sh be established. The committee shall consist of: three members of t appropriate overseeing lay boards or commissions, if any, to be sele by that board or commission; three members of the common council to b- selected by common council_; and one person with professional experience in the job area at issue, to be appointed by the mayor, or if the appointment is to the position of deputy and assistant, then the depart- ment head. In the event of disagreement as to which lay board or commission is to be represented, the mayor shall designate the appropri- ate overseeing lay board or commission. Except when the appointment is to the position of personnel administrator, the personnel administra- tor shall be a non - voting member of the committee. The committee may appoint other non - voting members ex officio as it deems necessary. b. The selection committee shall: advertise the position; review all applications for the position; interview prospective appointees as it deems appropriate; and comply with all local, state and federal laws, rules and regulations concerning l;iring practices and procedures. C. Thereafter, the selection committee shall submit the names of three qualified and eligible prospective appointees, together with its recommendations, to the mayor. d. The mayor shall make the appointment from this list of thr names, subject to the approval of common council, 11-i e. The appointment shall be deemed made upon approval of the same by a majority vote of common council. 3. Any appointment made as provided herein, or already existing at this time by any other appointment method, shall be for an indefinite term. 4, Any officer of the city who is appointed as provided herein, or who is already appointed at this time by any other appointment method, shall be removable, following reasonable notice and a public hearing if such person should request such hearing, a. by the common council by the affirmative vote of at least two - thirds of the members of common council, or b. by the mayor with the approval of a majority vote of common council." SECTION 10. Amending ARTICLE II of the Ithaca Citv Charter by the addition of a new SECTION 2.28 entitled "OTHER OFFICERS AND EMPLOYEES: APPOINTMENT AND REbIOVAL." read' SECTION 2.28 of the Ithacl City Charter is hereby enacted to as followst S 2.28 OTHER OFFICERS AND EMPLOYEES: APPOINTMENT OR REMOVAL "Unless otherwise specified in this Charter or the Ithaca City Municipal Code, and subject to the authorization for such position (including terms of compensation) by common council, all other city officers and employees shall be appointed, disciplined and removed as necessary by the head of the department in which the position is authorized." -21- July 10, 198f8,J SECTION 11. Amending ARTICLE III of the Ithaca City Charter, SECTION 3.10 entitled "COMPENSATION PLAN FOR OFFICERS AND EMPLOYEES." SECTION 3.10 of the Ithaca City Charter is hereby amended. to read as follows: S 3.10 COMPENSATION PLAN FOR OFFICERS AND EMPLOYEES Zotwith sat nding any urfili. pro,,` 'ojls of f.hl 1,1 .1 e1 ", V1' Oi: iilly ordinance or department rule, the common council, by the majority affirmative vote of the total voting power thereof, may establish and, from time to time, amend a compensation plan governing the salaries and wages of such officers and employees of the City of Ithaca as said council may determine, including a minimum and maximum salary or wage rate and a maximum annual increment for each classification included in such plan, and may adopt and from time to time amend rules governing the operation thereof. The authority hereby conferred shall. not ex- tend to the salaries of elective officers of said city." SECTION 12. Amending ARTICLE V of the Tt:haca City Charter, SECTION 5.11 entitled "SUPERINTENDENT OF PUBLIC WORKS, OTHER PERSONNEL; APPOINT- MENT, REMOVAL; SALARIES, DUTIES." SECTION 5.1.1 (if the Ithaca CitA, Charter. is hereby amended t:o rea-d. as follows: S 5.11 SUPERINTENDENT OF PUBLIC WORKS, OTHER PERSONNEL; APPOINTMENT, REMOVAL; SALARIES, DUTIES "The head of the department of public works, including all depart- ments and units within the jurisdiction of the board of public works, shall be the superintendent of public works. The superintendent of public works shall be appointed and removable in the manner provided in S 2.27 of this Charter. The board of public works shall prescribe the duties of the superintendent. There shall be within the department of public works such engineer, assistant and other employee positions as in the judgment of the board are necessary and as are authorized by common council. The superintendent shall. appoint such engineers, assistants and other employees for indefinite terms, subject to discipline and dismissal in accordance with the Civil Service Law. The superintendent shall fix the compensation and prescribe the duties of such engineers, assistants and other employees, subject to the approval of the board and in accordance with any compensation plan and related rules established by common council." SECTION 13. Amending ARTICLE V of the Ithaca City Charter, SECTION 5.12 entitled "INSPECTOR OF PLUMBING; APPOINTMENT, COMPENSATION, DUTIES." SECTION 5.12 of the Ithaca City Charter is hereby amended to read as follows: S 5.12 INSPECTOR OF PLUMBING; APPOINTMENT, COMPENSATION, DUTIES "The board of public works shall detail the office of inspector of plumbing. The superintendent of public works shall appoint the in- spector of plumbing for an indefinite term, subject to discipline and dismissal in accordance with the Civil Service Law. The super- intendent shall fix the salary and prescribe the duties of the person so appointed, subject to the approval of the board, and in accordance with any compensation plan and related rules established by common council. Such appointment and the duties of the person so appointed shall be subject further to the provisions of Article 4 of The General City Law." SECTION 14. Amending ARTICLE V of the Ithaca City Charter, SECTION 5.41 entitled "FISCAL YEAR DESIGNATED; REPORT OF SALARIES AUTHORIZED) FUNDS NEEDED." SECTION 5.41 of the Ithaca City Charter is hereby amended to read as follows: _22- July 10, 1985 9 S.41 FISCAL YEAR DESIGNATED; REPORT OF SALARIES AUTHORIZED, FUNDS NEEDED "The fiscal year of the board of public works shall begin on the first day of January in each year. The board shall, prior to the first day of March in each year, submit to the common council a statement. of al]. sn viz #h� 1 h� s�i�l hoard ar.d an estimate of the amjiitAt idhich 111 ltL. .) �_IdgmC'II t �i.1_ ➢J.T F_'(1 {O1 i:ilt. If; Ylt` charge during the year in each department, also the estimated amount needed for any permanent improvement, specifying the nature of such improvement. The board shall include in the estimated amount re- quired for the water department the cost of water for fire and other municipal purposes." SECTION I.S. Amending ARTICLE V of the Ithaca City Charter, SECTION 5.48 entitled "RULES, REGULATIONS FOR CONDUCT OF DEPARTMENTS, PERSONNEL." SECTION 5.48 of the Ithaca. City Charter is hereby amended to read as follows: 9 5.48 RULES, REGULATIONS FOR CONDUCT OF DEPARTMENTS, PERSONNEL "The board of public works may make., alter and modify, publish and enforce from time to time such rules and regulations, not inconsistent with the law, and any other previsions of this Charter or the ordinances of the City of Ithaca as may be deemed necessary for the conduct of all its departments for the government of the superintendent of public works, and for the performance of al]. work authorized by it." SECTION 16. Amending ARTICLE VI of the Ithaca City Charter, SECTION 6.4 entitled "POWERS AND DUTIES OF BOARD OF FIRE COMMISSIONERS." SECTION 6.4 of the Ithaca City Charter is hereby amended to read as follows: g 6.4 POWERS AND DUTIES OF BOARD OF FIRE COIMISSIONERS "It shall be its duty and said board of fire commissioners shall have power: 1. As is. 2 and 3 [Deleted] 4. renumbered "2." To organize new companies and to disband any department company, subject to the approval of the common council; to admit new members and to transfer members, upon application and certification of company officers, from one company to another; to try, reprimand, suspend or expel any member or officer of any company for cause. S. renumbered "3." 6. renumbered "4." 7. renumbered "5." 8. renumbered "6." 9. renumbered "7." SECTION 17. Amending ARTICLE VI of the Ithaca City Charter, SECTIk_. 6.6 entitled "CHIEF ENGINEER AND ASSISTANTS." SECTION 6.6 of the Ithaca City Charter is hereby amended to read as follows: 9 6.6 "FIRE CHIEF AND PAID PERSONNEL" "The head of the Ithaca Fire Department shall be the i:_re chief. The fire chief shall be appointed and removable in the man , t,:_ - „rovided in 9 2.27 of this Charter. The board of fire commissioners shaii -23- July 10, 198187 prescribe the duties of the fire chief. There shall be within the department such deputy, assistant and other employee positions as in the judgment of the board are necessary and authorized by common council. The fire chief shall appoint all deputies, assistants and other employees of the department for indefinite terms, subject to discipline and dismissal in accordance with the Civil Service Law. The fire h 1.1 Fix. , the crmr ; ition and p; escribe the dut:ie�; of such dcputlC'::;, of the board and in accordance wi i. any- compensation plan and related rules established by common council. Any member of the Ithaca Fire Department who is appointed fire chief, deputy chief_ or assistant chief shall cease to be an active member of any company of the department." SECTION 18. Amending ARTICLE II of the Ithaca City Municipal. Code, SECTION 26.21 entitled "Administration; function, duties of officers." SECTION 26.21 of the Ithaca City Nunici.pal. Code is hereby amended to read as follows: 9 26.21 Administration; function, duties of officers 1() A. As is. B. As is. !!I C. Plumbing Inspectors. "The Plumbing Inspector, under the supervision of the Superintendent of Public Works, shall inspect all pl.un-ibing work within the juris- diction of this Chapter and determine its compliance with the plumbing standards in effect in this City." SECTION 19. EFFECTIVE DATE. This Local. Law shall take effect immediately after filing in the office of the Secretary of State. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (7) - Peterson, Killeen, Haine, Dennis, Holdsworth, Cummings, Schlather Nays (2) - Hoffman, Romanowski Absent (1) - Myers Carried Alderperson Schlather expressed appreciation to the Charter and Code Commission for the work and time they had expended in preparing the recommendations to the Council. Open Meetings Law Alderperson Schlather commented that the Open Meetings Law will be taken up by the Charter � Ordinance Committee at its meeting of July 22, 1985 at 8:00 p.m. in the Common Council Chambers. PLANNING AND DEVELOPMENT COMMITTEE: Collegetown - Land Transfer By Alderperson Cummings: Seconded by Alderperson Dennis WHEREAS, the City of Ithaca and the Ithaca Urban Renewal Agency have entered into an agreement with Cornell University dated February 5, 1985 concerning Collegetown development; and WHEREAS, said agreement provides for the transfer of property between the two parties and specifically states that the exact location of above and below ground structures in relation to property lines may not be clear at the time the agreement is executed and that new deeds or deeds of correction may be necessary to further the development of the proposed projects; and WHEREAS, Cornell University has determined that the proposed location of an underground mechanical room for the Performing Arts Center encroaches upon approximately 60 square feet of property owned by the City of Ithaca and Cornell is desirous of obtaining ownership of said property; and 181 -24- July 10, 1985 WHEREAS, it has been determined that the best way to transfer said. property from the City to Cornell is through the Urban Renewal Agency, using the Land Disposition Procedures adopted by the Agency on October 22, 1984; now, therefore, be it RESOLVED, That Common Council hereby finds that Cornell University posscsscF. the proper• 1;Pr?1*,. 7.0r ai;Iljfi.:at.ions z,;�l that its nrnl��,s��l use of t.l,c laird is in accordance with the Urbaii t <enewal Man.; and be it further RESOLVED, That Common Council hereby finds that the transfer of said property to Cornell University is acceptable and directs that the property shall be transferred to the Urban Renewal Agency so that the Agency may transfer the land to Cornell. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously DSS Location Alderperson Cummings reported that the county's subcommittee dealing with the issue met that day and went ever the results of the Egner report which compares costs of rehabilitating Challenge Industries ($800,000) vs. Grand Union building ($1.5 million) vs. the old hospital building space ($800,000 to bring to condition comparable to Challenge Industries and Grand Union buildings). However, the county feels they can patch and paint the old hospital space for $150,000, and didn't appear interested in offers to discuss any sort of financial economic incentives which the city might be willing to offer. She said there is a strong sense that the DSS will be moved to the old hopsital, possibly on an interim basis while they think of building a new building downtown. Clinton Hall 1 erperson Cummings reported that the Mayor, Jim Dennis, herself and staff met with the current owner of Clinton Hall who did agree that he would entertain any and all offers of interest in the building, including outright sale as well as lease back arrangements. The planning staff has been talking with interested parties; offers of expression of interest are being forwarded to the owners. There is genuine interest on the part of the construction and preservation community. At the same time the city is proceeding with the market appraisal of the building which should be completed in about two weeks. Speed Limit Enforcement By Alderperson Cummings: Seconded by Alderperson Haine WHEREAS, residents in many city neighborhoods have expressed a concern about speeding; and WHEREAS, the Police Department has investigated speeding on Hudson Street and recommended further enforcement; now, therefore, be it RESOLVED, That the Police Department is urged to give a higher priority to enforcement of the speed limit in residential areas generally and specifically on Hudson Street. Amending Resolution By Al erperson Schlather: Seconded by Alderperson Holdsworth RESOLVED, That the second WHEREAS be deleted and that the final six words in the resolution be deleted and "throughout the city" be substituted. A vote on the amendment resulted as follows: Ayes (6) - Schlather, Holdsworth, Peterson, Roffman, Romanowski, Haine Nays (3) - Dennis, Killeen, Cummings Absent (1) - Myers Carried -2S- July 1.0, 080') A vote on the main motion as amended resulted as follows: Ayes (8) - Peterson, Roffman, Ilaine, Dennis, Holdsworth, Cummings, Romanowski, Schlather Nays (1) - Killeen Absent (1) - Myers Carried Neighborhood Forum Alderperson Cummings reported that there had been 5 neighborhoods represented at the meeting, two in substantially large numbers. The Bryant Park neighborhood, in particular, wanted their concerns made known to the Council. BUDGET AND ADMINISTRATION COMMITTEE: Water Department Authorized Equipment_ List By Alderperson Dennis: Seconded L.Y Alderperson Holdsworth RESOLVED, That the 1985 Authorizer 1quipment: List for the Water Fund be amended to include the purchase of t.lie following items as re- quested by the Board of Public Wo hs . 1. Circulating heater pump `or l ah incubator, at a. cast-- of $340. 2. Laboratory still, at a c: t. of $780. and be it further N,! RESOLVED, That an amount not to exceed $1,120 be transferred within the Water Treatment Plant Account from F8330 -496, Laboratory Supplies, to F8330 -25Q, Other Equipment. Carried Unanimously Hall of Justice Renovation By Alderperson Dennis: Seconded by Alderperson Schlather RESOLVED, That an amount not to exceed $1,000 be transferred from Account A1990, Contingency, to Hall of Justice Building Account A1622 -475, Property Maintenance, to provide material and "labor for increasing the room available for locker facilities in anticipation of hiring female police officers, as requested by the Police Chief. Carried Unanimously Demolition of Building By Alderperson Dennis: Seconded by Alderperson Schlather WHEREAS, the Building Commissioner, per Chapter 26 of the Municipal Code, has turned the matter for the repair or demolition of Clinton Hall over to the Superintendent of Public Works, and WHEREAS, an appropriation of $15,000 has been requested by the Building Commissioner to accomplish this work; now, therefore, be it RESOLVED, That an amount up to $15,000 be transferred from Account A1990, Contingency, to the Building Department Account A3620 -430, Fees for Professional Services, after exhausting all reasonable preservation alternatives. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (6) - Killeen, Haine, Dennis, Holdsworth, Schlather, Romanowski Nays (3) - Peterson, Hoffman, Cummings Absent (1) - Myers Carried Audit By Alderperson Dennis: Seconded by Alderperson Killeen RESOLVED, That the bills audited and approved by the Budget and Admi.nistration,Committee, in the total amount of $86,652.89, be listed on Audit Abstract P12/1985, be approved for payment. 190 -26- Discussion followed on the floor. July 10, 1985 A vote on the resolution resulted as follows: Carried Unanimously Administrative Secretary Position -- Planning Department Al derpersoT� Derni s eYrl ,q i ned that the Ci va 1 Servi ,-(, Commi ssi on hid mcL, L.. t : ;;i)' ttj - -- of it L, tIII.C(.' I!!.I11!rCl:s ldc r(' I)1, cIIL, tIIC1 :cIol`C; L11C request for change of classification had been tabled until the full Commission are present to review the position duties statement. The Budget and Administration Conu�ittee could not make recommendlatio because the committee had. a tied rote on the issue (2 -2). Therefore the matter could not be placed on the agenda until after the Civil Service Commission makes a decision. Discussion followed on the floor. Resolution By A— l— Jerperson Dennis RESOLVED, That Marie Corna °s salary be raised to $16,267 as senior stenographer. Alderperson Schlather objected. to the resolution. Salary Adjustments By Alderperson Dennis: RESOLVED, That the 1985 lished, effective July James Westbrook Dorothy Hunter Denise Malone Robin Me sk imen Mary Jo Cosner Seconded by Alderperson Holdsworth salary of the following employees be estab- 15, 1985, as follows: $10,242 9,848 11,978 10,378 14 ,183 Carried Unanimously UNFINISHED AND MISCELLANEOUS BUSINTESS: Appointment of Fire Chief A and B - Withdrawn from Agenda NEW BUSINESS: Endorsement of World Youth Festival By Al erperson Hoffman: Seconded Fy Alderperson Schlather RESOLVED, That the Common Council endorses the participation of Ithacans in the 12th World Youth Festival, in order to develop and strengthen friendships with and understanding of young people from around the world. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (5) - Peterson, Hoffman, Dennis, Cummings, Schlather Nays (3) - Killeen, Romanowski, Holdsworth Abstdntion (1) - Haine Absent (1) - Myers Motion Defeated ADJOURNMENT_: On a motio n the meeting adjourned at 12:17 a.m. J,gsel. 14—A Runc 1e, City C I e r k Sean Killeen, Acting Mayor