HomeMy WebLinkAboutMN-CC-1987-05-060
Iq
LO
m
Q
0
233
Regular Meeting
PRESENT:
Mayor Gutenberger
Al.derpersons (10)
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
09111 "
May 6, 1987
Booth, Cummings, Dennis, Maine, Hoffman;
Killeen, Lytel, Peterson, Romanowski,
OTHERS PRESENT: (- C-°)
City Attorney - Nash ,
City Controller - Spano
Deputy City Controller - Cafferillo
Supt. of Public Works - Dougherty
Building Commissioner - Hoard
Planning & Development Director - Van
Planning $ Development Deputy Director
Personnel Administrator - Baker
City Clerk - Paolangeli
City Chamberlain - Parsons
Tompkins County Bd. of Representatives
Cort
- Mazzarella
(City Rep.) - Lifton
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance
to the American flag.
MINUTES:
Approval of Minutes of April 1, 1987 Meeting
Alderperson Peterson requested the following correction:
on page 7, under Communications From the Mayor, Ithaca High
Hockey Team, on the second line it should read "Hockey" Team
for being the State Champions, not "hickey ".
Resolution
By Alderperson Hoffman: Seconded by Alderperson Haine
RESOLVED, That the Minutes of the April 1, 1987 meeting of
Council be approved as corrected.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Public Hearing - An Ordinance Amending Sections 30.3, 30.25,
30.26 and 30.37 of Chapter 30 Entitled 'Zoning' of the City
of Ithaca Municipal Code - Adult Day Care
Resolution to Open Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Dennis
RESOLVED, That the public hearing to consider amendment of
Sections 30.3, 30.25, 30.26 and 30.37 of Chapter 30 entitled
'Zoning' is declared open.
Carried Unanimously
No one appeared to speak to the hearing.
Resolution to Close Public Hearing
By Alderperson Romanowski: Seconded by Alderperson Peterson
RESOLVED, That the public hearing to consider amendment of
Sections 30.3, 30.25, 30.26 and 30.37 of Chapter 30 entitled
'Zoning' is declared closed.
Carried Unanimously
ADDITIONS TO THE AGENDA:
Budget and Administration Committee
Alderperson Dennis requested the addition of Items M and
N, Mayor's salary and Alderperson's salary for 1988; also
Item 0, a report on sound study at Wilcox Press.
No Council person objected.
234
-2-
May 6, 1987
Charter and Ordinance Committee
Alderperson Haine requested the addition of a resolution
under Item C - Noise on The Commons.
Alderperson Schlather reported that he had a phone call
that day from a concerned party and he had assured the person
that this was a report only and there was no resolution.
Therefore, he objected to adding a resolution on this item.
Mayor Gutenberger explained that according to the Common
Council Rules of Procedure if one Alderperson objects to
any item being added it cannot be added.
Because of Alderpersoa Schlather's objection a resolution
on Item C - "Noise on The Commons" was not added to the Agenda.
New Business
Alderperson Schlather asked the Council to consider a resolution
establishing summer hours for Council meetings.
Alderpersons Haine and Cummings objected. Resolution was
not added.
Alderperson Hoffman requested the addition of a resolution
authorizing inclusion of a notice in the city tax bill mailings
regarding recycling pick up.
No Council member objected.
Alderperson Booth requested an Executive Session to discuss
the lawsuit that has been filed against the city dealing
with the death of a workman several months ago and also to
bring the Council up to date on the situation with ACC.
No Council member objected.
Alderperson Peterson requested the addition of two reports
as Council Liaison; one on the Human Services Coalition,
and one on the Six Mile Creek Committee.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Landfill Site
Richard Tobin, MD., representing the Danby Community Action
Group, read the following statement:
"We come to you tonight in order to lend our support to
the city's concern regarding traffic safety as it applies
to the selection of a landfill site for Tompkins County.
To use any of the major residential streets of the city,
with their heavy traffic, narrow rights of way, and steep
incline, would present a major public safety hazard. Also,
this would introduce additional problems of noise and refuse
to stable residential neighborhoods.
An an example, our committee has recently conducted traffic
counts which underscore the effects that a new landfill could
have on South Aurora Street traffic. These counts were conducted
between the hours of 7 a.m. and 3 p.m., when South HIll School
and Ithaca College are at peak activity, and when the commuter
traffic is greatest. On April 8th there were 11S vehicles
entering the Landstrom Landfill - 64 of which were trucks
of greater than 4 tons. On April 17th there were 111 trucks
of over 4 tons using the King Road turn -off from Route 96B.
Therefore, using Aurora Street for landfill traffic would more
235
-3- May 6, 1987
than double its heavy truck traffic. Regarding downhill traffic,
this would greatly increase the hazard of serious accidents.
In 1969 safety measures were enacted which included re- routing
of truck traffic in Candor and the truck turn - around at King
Road. Despite these measures, there have been numerous truck
runaways in the past S -6 years on Aurora Street, including
a fatal accident in January 1985. We must also consider
that traffic from other areas of the county would have to
descend other steep hills to reach the base of Aurora Street
before proceeding South. Regarding uphill traffic, these
heavy trucks would lead to marked slowing of an already snarled
traffic pattern, especially in snowy weather.
We therefore support the proposal of the Planning & Development
Committee. Any landfill site will alter traffic patterns,
not only this year, but for the next 15 -20 years. It would
seem reasonable that the roadway chosen for this task should
be capable of handling the traffic, situated near the population
center of the county, and - most importantly - safe. Route
13 is the only road in our county that meets all these criteria."
Octopus - Route 96
Edward Schano, 513 Dryden Road, spoke to Council regarding
the Octopus. He expressed his gratitude to the Mayor and
m the Council for their support of the Neiderkorn study.
Q He is sure that it will put into perspective the plusses
and minusses, the advantages and disadvantages of the various
options to our West side problem. The City of Ithaca has
a responsibility to the town(s) and the county to move soon
and in a way that achieves a solution that is in the best
interest of the community; not just Ithaca.
As presently proposed none of the alternatives are perfect,
yet plan C or D, with overpass, addresses safety, rail delay,
traffic dispersal and air pollution better than the others.
Mr. Schano then made reference to some of those who have
opted for plan C or D, with overpass. Center Ithaca - State
Street Businessmen - 32 to 4, Medical Society of Tompkins
County, Board of Directors of Tompkins Community Hospital,
all towns in Tompkins County, voter survey - 64% of voters
sampled favor C with overpass, Directors of Special Children's
Center Inc .
Elline L. Gambrell, 357 Snyder Hill Road, presented to the
Council an independent poll that is being taken in the City
of Ithaca on the Octopus and Route 96 proposed plans. She
explained how the poll is being conducted. She also gave
results of survey as of May 6, 1987. This poll is continuing
and results are updated weekly. She handed out copies of
the independent poll to Council members.
Six Mile Creek
Guy A. Gerard, 117 Farm Street, spoke to Council regarding
the destruction that is being done in the Six Mile Creek
area. He is concerned about the process of awarding bids
for construction work in the city solely on being the 'lowest
(600" bidder' without care for our natural areas.
New Building at 401 College Avenue Proposal
George Hascup, Architect, representing Joseph Ciaschi, spoke
to the Council regarding proposal for new building at 401.
College Avenue. Ile explained the project to the Council
and explained parking problem with restrictions due to new
zoning ordinance for Collegetown. He asked Council to look
at this site and re- examine parking requirements for the
proposed building.
236
4- May 6, 1987
Resolution
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That the proposed building project for 401 College
Avenue and the parking restrictions for this area be referred
to the Planning and Development Committee for review and
report back to the Council.
Carried Unanimously
REPORT OF BOARD OF REPRESENTATIVES:
Rep. Lifton reported as follows:
1. One of the most highly profiled issues in front of the
County Board is the landfill issue. It is important for
Council to understand that as a subset of that issue
is another area of concern that has become known as the
hold harmless issue, the benefit sharing issue, all centered
around what should be done to alleviate what we are going
to visit on some of our neighbors. One of the issues
that he finds interesting is when do we resolve that?
This question has become a source of division on the County
Board.
2. Negotiations with two of the County's labor unions (Sheriff
and Civil Service) are still under discussion.
3. Some Board members were alarmed to learn one of the tenants
in the Old Hospital is engaged in classified research
on behalf of the Star Wars -SDI project.
4. The female inmate population at the new jail has increased
dramatically. The speculation is that Judges are more
likely to sentence women to the new facility than they
were to the deteriorating old facility.
S. The level of contribution
to the community in terms
Rep. Stein has brought to
other major universities
to their communities with
of the Board is deciding
a study on this.
that Cornell University makes
of undirected, unqualified funding.
the attention of the Board that
contribute a significant amount
no strings attached. A committee
whether they are going to do
Rep. Lifton answered questions from Council members.
Alderperson Dennis asked Rep. Lifton to check on the cost
of Social Services now that it is located at the Old Hospital.
He has heard that they are spending less money on people
and more money on the operation. Rep. Lifton will look into
this.
Alderperson Schlather asked Rep. Lifton to pursue matter
of City Police transporting prisoners to the new jail facility.
Alderperson Schlather asked Rep. Lifton to do whatever is
necessary to be able to hold Worker's Compensation hearings
in a County building.
Alderperson Booth asked Rep. Lifton about compensation for
area accepting landfill. Rep. Lifton outlined some of the
steps that might be taken, i.e. maintenance of roads, no
pollution of water, no reduction in land value, etc.
REPORT OF CITY BOARDS, COMMITTEES, AND COMMISSIONS:
Recycling Committee
Lynn Leopold, Recycling Coordinator, asked Council to approve
an insert in tax bill mailings to promote recycling.
0
0
Iq
LO
M
Q
237
_S_
May 6, 1987
Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That this Common Council approves the insertion
of a notice on recycling to be included with the tax bill
mailings.
Carried Unanimously
COMMUNICATIONS FROM THE MAYOR:
Letter of Appreciation for Weisburd's
Mayor Gutenberger asked that Council recognize the gift of
land in the Six Mile Creek area to the City of Ithaca. The
Planning � Development Committee will do a letter of appreciation
and bring it back to Council in June.
Fire Service Recognition Day
Mayor Gutenberger stated that Saturday, May 9th, is Fire
Service Recognition Day in the City of Ithaca. There will
be a parade starting at 10 a.m. from Thompson Park.
Parking Garage - Collegetown
Mayor Gutenberger stated that
opening will be May 18 or 19.
the Collegetown parking garage
Neiderkorn Report - Route 96
Mayor Gutenberger stated that the Neiderkorn Report on Route
96 study should be published in the next few weeks.
MAYOR'S APPOINTMENTS:
Conservation Advisory Council
Mayor Gutenberger requested approval of the Council for appoint-
ment of Betsy Darlington, 204 Fairmount Avenue, to the Conservation
Advisory Council for a two -year term to expire December 31,
1988.
Resolution
By Alderperson
RESOLVED, That
Darlington to
term to expire
Dennis: Seconded by Alderperson Booth
this Council approves the appointment of Betsy
the Conservation Advisory Council for a two -year
December 31, 1988.
Carried Unanimously
Affirmative Action Committee
Mayor Gutenberger requested approval of the appointment of
John Saul, S19 Cayuga Heights Road, as an alternate on the
Affirmative Action Committee for a three -year term to expire
December 31, 1989.
Resolution
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of John
Saul as an alternate on the Affirmative Action Committee
for a three -year term to expire on December 31, 1989.
Carried Unanimously
Carried Unanimously
Board of Zoning Appeals
Mayor Gutenberger requested
approval of appointment of
John
Oakley, S03 South Cayuga
Street to the Board of Zoning
Appeals
to replace Tracy Farrell
who has resigned, with a term
to
expire December 31, 1988.
Resolution
By Alderperson Cummings:
Seconded by Alderperson Lytel
RESOLVED, That this Council
approves the appointment
of
John Oakley to the Board
of Zoning Appeals with a term
to
expire December 31, 1988.
Carried Unanimously
23�
6- May 6, 1987
Review of Non -Human Service Agencies
Mayor Gutenberger stated that lie has appointed the following
persons to serve on this committee: Alderpersons Romanowski,
Haine and Booth, and Joe Spano and Paul Mazzarella as advisory.
Search Committee for Deputy City Clerk
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That this Council appoints Alderpersons Dennis,
Cummings and Killeen to serve on the Search Committee for
Deputy City Clerk.
Carried Unanimously
REPORT OF CITY ATTORNEY:
ACC Lawsuit
City Attorney Nash reported that within the last month the
cable company has made some amendments to their original
complaint seeking authority to increase the franchise fees.
They have now also challenged the city's authority to add
the outside consultant services as a cost of the franchise
and they have also added a claim for damages against the
city for violating the cable company's constitutional, civil
and statutory rights. The city has responded to those matters.
The negotiating committee has not reviewed the initital sub-
missions by the cable company for franchise renewal. There
has been communication to the cable company representatives
that the city negotiating team felt that the initial submissions
were not sufficient under law for negotiation purposes. Since
then we have received some responses from the cable people
indicating that they are seeking to revise their proposal.
May 14 is scheduled for the initial session with the negotiating
committee and the cable company.
Noise Ordinance Enforcement Procedures - Wilcox Press
City Attorney Nash stated that he has had communication with
a professor at Cornell who advised us preliminarily on some
readings, Department of Environmental Conservation and also
with some private engineering sources. He has two estimates
for doing noise level readings with calibrated equipment.
Noise Ordinance
Alderperson Haine asked why the city cannot purchase its
own noise meters and train persons to operate this equipment
instead of having to bring in people to do this for the city.
City Attorney Nash will pursue this matter and report back
to the Council.
HUMAN SERVICEC COMMITTEE:
Youth Bureau Support
By Alderperson Peterson: Seconded by Alderperson Booth
WHEREAS, the City of Ithaca Youth Bureau serves the city
and surrounding communities, and
WHEREAS, financial support is provided by some of these
communities; now, therefore, be it
RESOLVED, That the Intergovernmental Relations Committee
of Common Council work with the Town of Ithaca in reviewing
and adjusting the financial contribution from the Town to
the Youth Bureau. _J
Carried Unanimously
Police and Community Services Hearing
Alderperson Peterson stated that the next Human Services
Committee meeting will be on May 19th at 7:30 p.m. There
will be a public meeting for both the community and members
of the Police Department to discuss the issues. Alderpersons
Peterson and Romanowski are working to develop an agenda
for the meeting.
-7- May 6, 1987 239
Recess
Common Council recessed at 9:00 p.m. and reconvened in Regular
Session at 9:15 p.m.
Alderperson Dennis acknowledged receipt of the Annual Financial
Report. He thanked everyone involved in the prepararation
of the report.
Alderperson Killeen arrived at 9:05 p.m.
(Woo, BUDGET AND ADMINISTRATION COMMITTEE:
DPW Personnel Roster
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the 1987 Personnel Roster of the Department
of Public Works be amended by the addition of two laborer
positions for the Collegetown Parking Garage, as requested by
the Board of Public Works.
Carried Unanimously
Fire Department Authorized Equipment List
,71 By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the 1987 Authorized Equipment List for the
Fire Department be amended to include the purchase of drapes,
for Central Fire Station, at a cost not to exceed $2,700,
as requested by the Fire Chief, and be it further
m
Q RESOLVED, That an amount not to exceed $2,700 be transferred
within the Fire Department budget from Account A3410 -475,
Property Maintenance, to Account A3410 -205, Furniture and
Fixtures.
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Lytel
RESOLVED, That the bills presented, as listed on Audit Abstract
#8/1987, in the total amount of $25,482.02, be approved for
payment.
Carried Unanimously
Finance Department Personnel Roster
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That the 1987 Personnel Roster of the Finance Department
be amended as follows:
Delete - one Senior Stenographer position
Add - one Stenographer position
Carried Unanimously
Stenographer Provisional Appointment
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That Carol Sczepanski be provisionally appointed
to the position of Stenographer, in the Finance Department,
with an annual salary of $10,259, that being Step 3 of the
C.S.E.A - Administrative Unit Compensation Plan, effective
April 20, 1987.
Carried Unanimously
Authorization to Bid Fire Vehicle
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That this Common Council authorizes the Fire Chief
to seek bids for a light rescue vehicle to replace the present
1982 Suburban now being used.
Discussion followed on the floor.
Chief Olmstead answered questions from Council.
A vote on the resolution resulted as follows:
Carried Unanimously
240 -8- May 6, 1987
Dictaphone Communication System
By Alderperson Dennis: Seconded by Alderperson Lytel
WHEREAS, approval was granted in the 1987 City Budget for
the replacement of the Dictaphone Communications System for
the Ithaca Police Department, and
WHEREAS, said equipment had not been ordered in consideration
of the Communication Room changeover so that additional expenses
would not be incurred as result of this change, and
WHEREAS, the system in service no longer functions to the
degree that is safe, and
WHEREAS, the Police Chief has requested that Council declare
an emergency allowing the purchase of the Dictaphone Communications
System without having to go to bid; now, therefore, be it
RESOLVED, That this Common Council declares than an emergency
does exist and authorizes the Police Chief to purchase a
Dictaphone Communications System without the necessity of
advertising for bids, at a cost not to exceed $27,211, and
be it further
RESOLVED, That $8,391 be transferred within the Police Department
budget from Account A3120 -110, Staff Salaries, to A3120 -225,
Other Equipment.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Collegetown Street Improvements
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That $26,384 be appropriated from C.H.I.P's money
to provide additional funding required to complete Phase
II of the Collegetown Street Improvements, as requested by
the Board of Public Works, and be it further
RESOLVED, That the Finance Department be, and it is, hereby
directed to prepare a proposal for local tax assessments
on the property affected by the Phase I and Phase II street
and related improvements in Collegetown, which proposal shall
be available for review by Common Council in time for the
1988 budget year considerations.
Discussion followed on the floor.
Paul Mazzarella answered questions from Council regarding
Phase II construction.
A vote on the resolution resulted as follows:
Ayes (9) - Schlather, Booth, Lytel, Cummings, Romanowski,
Haine, Peterson, Killeen, Dennis
Nay (1) - Hoffman
Carried
Refund of Tax Penalty
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the request of George W. Trimberger for a
refund of penalty on 1987 City Taxes be denied.
Carried Unanimously
Finance Department Annual Report
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That this Common Council acknowledges the receipt
of the 1986 Finance Department Annual Report.
Carried Unanimously
-9-
241
May 6, 1987
Dog Enumeration
By Alderperson Dennis: Seconded by Alderperson Haine
RESOLVED, That this Common Council allocates an amount not
to exceed $4,000, for dog enumeration, and be it further
RESOLVED, That an amount not to exceed $4,000 be transferred
from Account A1990, Contingency, to Finance Department Account
A131S -43S, Contractual Services, to provide funding for personnel,
mileage and advertising.
Carried Unanimously
Bond Authorization
By Alderperson Dennis: Seconded by Alderperson Schlather
A RESOLUTION AMENDING BOND RESOLUTION DATED AUGUST 6,
1986, WITH RESPECT TO THE MAXIMUM ESTIMATED COST AND PLAN
FOR THE FINANCING OF THE COLLEGE AVENUE PARKING STRUCTURE
AND THE COLLEGE AVENUE STREET IMPROVEMENT AND AUTHORIZING
THE EXPENDITURE OF ADDITIONAL MONEYS FOR SUCH STREET
IMPROVEMENT.
WHEREAS, by bond resolution dated February 6, 1985, the Common
Iq Council of the City of Ithaca, Tompkins County, New York,
LO authorized the construction of the College Avenue parking
structure and the construction of the College Avenue street
M improvement and provided for the financing thereof;
Q WHEREAS, by bond resolution dated August 6, 1986, said Common
Council determined that such College Avenue parking structure
should be expanded to a capacity of between 200 and 220,
that the maximum estimated cost of such project was $2,125,000,
and that the maximum estimated cost of the College Avenue
street improvements was $750,000, with provision for such
funding, and
WHEREAS, it has now been determined that the maximum estimated
cost of the College Avenue parking structure is $2,085,000,
a decrease of $40,000 from that previously authorized, and
that the maximum estimated cost of the College Avenue street
improvement is $816,384, an increase of $66,384 over that
previously authorized, and
WHEREAS, it is now desired to amend bond resolution dated
August 6, 1986, accordingly, and to provide for the expenditure
of an additional $26,384 monies of said City for the College
Avenue Street improvement; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. Section 2 and 3 of bond resolution dated August
6, 1986, more fully described in the preambles hereof, are
hereby amended to read as follows:
"Section 2. It is hereby determined that the maximum
estimated cost of the construction of a parking structure
on the land described in paragraph a of Section 1 of the
bond resolution dated February 6, 1985 and to be located
on the North side of Dryden Road between College Avenue
and Eddy Street and to contain between 200 and 220 parking
spaces is $2,085,000, and that the plan for the financing
thereof is as follows:
a) By the issuance of the $1,662,500 serial bonds of
said City authorized to be issued therefor pursuant
to bond resolution dated February 6, 1985;
242
-10- May 6, 1987
b)
By the expenditure of
the $37,500 current funds of
said City appropriated
therefor in the 1984 budget
paragraph c of Section 1 of the bond resolution dated
of said City;
February 6, 1985, and in Section 2 hereof, including side-
c)
By the expenditure of
$50,000 current funds of said
and that the plan for the financing thereof is as follows:
City appropriated from
the parking reserve fund;
d)
By the issuance of $316,250
of the additional $1,448,750
bond resolution dated February 6, 1985;
serial bonds authorized
to be issued pursuant to
bond resolution dated
August 6, 1986; and
e)
By the expenditure of
$18,750 additional moneys hereby
appropriated therefor
from the parking reserve fund.
Section 3. It is, hereby determined that the maximum estimated
cost of the construction of street improvements required
for the purpose of the parking structure described in
paragraph c of Section 1 of the bond resolution dated
February 6, 1985, and in Section 2 hereof, including side-
walks and curbing for surrounding areas, is $816,384,
and that the plan for the financing thereof is as follows:
a) By the issuance of the $570,000 serial bonds of said
City authorized to be issued therefor pursuant to
bond resolution dated February 6, 1985;
b) By the expenditure of the $30,000 current funds of
said City appropriated therefor in the 1984 budget
of said City;
c) By the issuance of $182,500 of the additional $1,448,750
serial bonds authorized to be issued pursuant to
bond resolution dated August 6, 1986;
d) By the expenditure of $7,500 moneys hereby appropriated
fund; and
therefor from the parking reserve
e) By the expenditure of $26,384 moneys hereby appropriated
therefor from the Consolidated Highway Improvement
Program Fund."
Section 2. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to
expend money, or
2) The provisions of law which should be complied with
at the date of publication of this resolution are
not substantially complied with,
and an action, suit or proceeding contesting such validity
is commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 3. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution
was duly put to a vote on roll call which resulted as follows:
243
-11- May 6, 1987
Romanowski - Aye Cummings - Aye
Schlather - Aye Killeen - Aye
Dennis - Aye Hoffman - Aye
Peterson - Aye Lytel - Aye
Haine - Aye Booth - Aye
Carried Unanimously
Mayor's Salary - Local Law - Lay on Table
Alderperson Dennis introduced A LOCAL LAW ESTABLISHING THE
ANNUAL SALARY OF THE MAYOR OF THE CITY OF ITHACA.
(600.1 BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
SECTION 1. ESTABLISHING THE ANNUAL SALARY OF THE MAYOR
OF THE CITY OF ITHACA.
The annual salary of the Mayor of the City
of Ithaca is hereby established and set at
$32,000 per year commencing January 1, 1988.
T-1 SECTION 2. EFFECTIVE DATE.
Iq
This Local Law shall take effect immediately
after filing in the Office of the Secretary
m of State.
Q Resolution
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the Local Law establishing the annual salary
of the Mayor of the City of Ithaca be laid on the table.
Discussion followed on the floor.
Alderperson Dennis discussed the merits of raising the Mayor's
salary to $32,000 and explained why this amount was recommended.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Romanowski, Cummings, Schlather, Haine,
Killeen, Lytel, Dennis
Nays (2) - Peterson, Hoffman
Carried
Alderperson's Salary - Local Law - Lay on Table
Alderperson Dennis introduced A LOCAL LAW ESTABLISHING THE
ANNUAL SALARY OF THE ALDERPERSONS OF THE CITY OF ITHACA.
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
SECTION 1. ESTABLISHING THE ANNUAL SALARY OF THE ALDER -
PERSONS OF THE CITY OF ITHACA.
The annual salary of the Alderpersons of the
City of Ithaca are hereby established and
set at $5,500 per year commencing January
1, 1988.
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect immediately
upon its being duly filed in the Office of
the Secretary of State subject to the provisions
of Section twenty -four of the Municipal Home
Rule Law.
244
-12- May 6, 1987
Resolution
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the Local Law establishing the annual salary
of the Alderpersons of the City of Ithaca be laid on the
table.
Discussion followed on the floor.
Alderperson Dennis discussed the merits of raising the Alder -
persons salaries.
Further discussion followed on the floor.
Amending Resolution
By Alderperson Lytel: Seconded by Alderperson Haine
RESOLVED, That the $5,500 figure be amended to $6,000, which
as of 1987 would be a 5o increase compounded annually from
the last Council salary increase in 1981.
Alderperson Schlather explained his reasons for not supporting
salary increases for Alderpersons.
Further discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (4) - Lytel, Cummings, Haine, Killeen
Nays (6) - Booth, Schlather, Peterson, Romanowski., Hoffman,
Dennis
Motion Defeated
Main Motion
A vote on the main motion resulted as follows:
Ayes (6) - Dennis, Haine, Hoffman, Lytel, Romanowski,
Killeen
Nays (4) - Schlather, Cummings, Booth, Peterson
Carried
Wilcox Press Noise
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That $1500 be allocated to hire a qualified person
to gather noise level readings, during the day and at night
time, at Wilcox Press, with City Attorney Nash overseeing
the operation.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
An Ordinance Amending Sections 30.3, 30.25, 30.26 and 30.37
of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal
Code (Adult Day Care)
By Alderperson Schlather: Seconded by Alderperson Killeen
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING SECTIONS 30.3, 30.25, 30.26 AND
30.37 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, New York, as follows:
SECTION 1. AMENDING SECTIONS 30.3, 30.25, 30.26 AND 30.37
r-)
Iq
LD
m
Q
-13-
May 6, 1987
That Sections 30.3, 30.25, 30.26 and 30.37 are hereby
amended as follows:
§ 30.3
B.
Definitions
Specific Terms or Words.
Add: 101. "Adult Day Care" shall mean provision of daytime
care to adults whose ability to independently perform
the normal activities of daily life is limited by age
or by physical or other impairment but who do not require
the level of care provided by nursing homes or medical
facilities.
Add: 102. "Adult Day Care Home" shall mean a dwelling
unit in which adult day care is provided to not more
than six (6) adults at one time, by a resident of the
dwelling.
Add: 103. "Group Adult Day Care Facility" shall mean any
habitable structure or habitable part of any structure
in which Adult Day Care is provided
(a) to more than six (6) adults at one time
or
(b) to more than two (2) adults when such day
care is not conducted by a resident of the
facility.
§ 30.25 District Regulations
Line R -1, Col. 3, add '7. Adult Day Care Home.'
Line R -2, Col. 2, revise item 6 to read '6. Nursery school,
child day care center, group adult day care facility.'
Line R -3, Col. 2, revise item 9 to read 19. Nursery school,
child day care center, group adult day care facility.'
§ 30.26 Standards for special conditions and special permits
Add to Subsection Cl 'n.
Add to Subsection C4 'vi
§ 30.37 Off- street parkin
Group Adult Day Care Facilities
in R -2 districts.'
Group Adult Day Care Facilities
in R -2 districts: Applicants
shall furnish information sufficient
to describe the scope of the
proposed activity, including
size of building, number of
clientele, operating hours,
off - street parking availability,
number of employees, and proximity
to other Group Adult Day Care
Facilities in the neighborhood.
Prior to granting any Special Permit
for such use, the BZA must find
that the activity is compatible
with the character and quality
of the neighborhood in which
it is to be located.'
Add to chart 'Adult Day Care Home, Group Adult Day Care
Facility, 1 space for client use, plus 1
space per two supervisory staff or employees
not residing on the premises.'
245
246
-14- May 6, 1987
SECTION 2. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in § 3.11(B)
of the Ithaca City Charter.
Alderperson Schlather explained the ordinance and the meaning
of Adult Day Care.
Alderperson Schlather thanked City Planner Jon Meigs and
the committee for their work on this ordinance over the past
several months.
A vote on the resolution resulted as follows:
Carried Unanimously
An Ordinance Amending Section 26.24 of Chapter 26 entitled
"Building Permits" of the City of Ithaca iivaicipal Code.
By Alderperson Schlather: Seconded by Alderperson Dennis
ORDINANCE NO. 87 - 14
AN ORDINANCE AMENDING SECTION 26.24 OF CHAPTER 26 ENTITLED
"BUILDING PERMITS" 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 26.24 of the City of Ithaca Municipal
Code entitled "Building Permits" be and the same is hereby
amended to read as follows:
Section 26.24 Building Permits
A. Permit Required.
Every construction or demolition operation shall require
a building permit as well as any conversion (as defined by
Chapter 30 of the Municipal Code or Chapter F of the New
York State Uniform Fire Prevention and Building Code) or
change of use of a building or structure. In the case of
ordinary repairs scattered over a building or group of buildings,
the Building Commissioner may in his discretion forego said
permit. A permit must be obtained before (1) any excavation
work is done other than for utility lines, or (2) before
cutting of any beams or supports, or (3) before removal of
or closing of any stairway or means of exit.
B. Repairs and alterations without a permit.
Repairs and alterations of buildings or structures may
be made without notice to the Building Commissioner if the
work meets the criteria of Paragraphs 1 or 2, below:
1. The work involves repairs using like materials
or alterations to existing buildings, provided that
such work:
a) costs less than to of the value of the building
or structure and less than ten thousand dollars
($10,000),
or
costs more than to of the value of the building
or structure but totals less than one thousand
dollars ($1,000) ; and
b) does not materially affect structural features;
and
d
�1
J
s-i
Iq
LO
m
a
247
=Ws
May 6, 1987
c) does not affect fire safety features such as smoke
detectors, sprinklers, required fire separations,
and exits; and
d) does not involve the installation or extension
of electrical systems; and
e) does not involve the installation or extension
of plumbing systems as defined in the City of Ithaca
Plumbing Code; and
f) does not include the installation of solid fuel
burning heating appliances and associated chimneys
or flues; and
g) does not involve the change in use of the building
or structure or a conversion as defined in Chapter
30 of the Municipal Code or Chapter E of the New
York State Uniform Fire Prevention and Building
Code; or
2. If the work involves the construction, repair, or alteration
small noncommercial structures less than 100 square feet)
in area not intended for use by one or more persons as quarters
for living, sleeping, eating, or cooking; e.g.: a small storage
building.
Costs shall be assumed to include both labor and materials.
In cases where cost information is not readily available
to the Building Commissioner and there exists a question
of the value of any alteration or addition, he shall have
the discretionary power to make his own estimate of such
labor, material and other costs. Labor costs shall be estimated
to be at least equal to federal minimum labor standards to
be in effect at the time.
C. Application for permit.
Every application for a permit shall be in writing on approved
form and shall be signed by the owner or his authorized agent.
In his discretion the Building Commissioner may require sealed
plans from an architect or engineer registered to practice
in the State of New York for structural or other work, even
though the cost of the work may be below the minimum requirement
of the State Education Law, and may also require a property
survey of the lot or lots concerned in any proposed building
operation.
Permit fees shall be paid before permit review can commence
according to the following schedule:
Where the total valuation of the work is:
1. $1,000.00 or less
2. From $1,001.00 to $2,000.00
3. From $2,001.00 to $5,000.00
4. From $5,001.00 to $6,000.00
S. From $6,001.00 to $7,000.00
6. From $7,001.00 to $25,000.00
None
$10.00
$15.00
$30.00
$38.75
$38.70 for the first
$7,000.00 plus $4.3S
for each additional
$1,000.00 or fraction
thereof, to and
including $25,000.00
248 -16- May 6, 1987
7. From $25,001.00 to $50,000.00
8. Over $50,000.00
$117.00 for the first
$25,000.00 plus $3.00
for each additional
$1,000.00 or fraction
thereof, to and
including $50,000.00
$192.00 for the first
$50,000.00, plus $2.00
for each additional
$1,000.00 or fraction
thereof.
(BALANCE OF SECTION 26.24 TO REMAIN AS IS)
Section 2. Effective Date.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Alderperson Schlather explained the ordinance and answered
auestions from Council.
A vote on the resolution resulted as follows:
Carried Unanimously
Noise on The Commons (CAB Proposal)
Alderperson Schlather explained that there was a 2 to 3 vote
on the question of recommending to Council the ordinance
that the committee had originally had on the table last month
(the CAB recommendation). The lines were split on a 2 to
2 to 1 division. There were 2 people in favor of no regulation
at all, there were 2 people in favor of going with the CAB
regulation and there was 1 person in favor of going with
the so- called 25 foot rule, which would render consistent
the noise regulations for buildings and owners of buildings
with the noise regulations for the passing and transient
public. Because of that split and because nobody could garner
a majority, except in the negative, there is no resolution
for Council. but he would note that at this time we will
continue as is until Council acts and as is means that there
is no regulation oil that particular issue. There still is
a noise ordinance, there still is the 25 -foot rule for people
on The Commons, there just is no regulation other than the
noise ordinance for noise emanating from inside a building
directed towards The Commons.
Alderperson Schlather agreed to have the Charter and Ordinance
Committee review this matter once again.
Charter and Ordinance Committee Summer Hours
Alderperson Schlather reported that the Charter and Ordinance
Committee will be meeting at 8:00 p.m. for the Summer hours
(May- August).
PLANNING AND DEVELOPMENT COMMITTEE:
Youth Bureau Site
Alderperson Cummings reported that the Planning and Development
Committee reviewed the site plan which had been seen by the
Budget and Administration Committee the month before. The
committee examined the plan, looked at some of the concerns
for costs overtime, talked about phasing, what parts of the
plan need to be done in what order, sent on to B&A the strong
request that those components singled out by the Department
of Public Works for immediate implementation be funded. That
went on to B&A where money was made available to do the necessary
I rn
(400,
Iq
LO
M
Q
-17-
May 6, 1987
24;)
parking, curbing, and sidewalks. The remainder of the plan
is something which would be implemented over time in a cooperative
effort between community input, volunteers working through
the Centennial Commission, working with city DPW staff and
architects involved in the site.
Proposed Chamber of Commerce Site
The committee entertained a proposal from the Chamber of
Commerce. They requested permission to construct an acce3s
driveway across a corner of city owned land to allow them
to access more safely, effectively and efficiently, construct
a second means of access to their proposed Chamber of Commerce
site, which is on private property in the Town of Ithaca.
That proposal was referred to the Board of Public Works for
their consideration.
Discussion followed on the floor.
Alderperson Hoffman commented that he believed the building
of an access road was a policy decision and should be made
by Common Council and implemented by the Board of Public
Works.
Alderperson Schlather suggested that the policy issue of
use of that land be referred to the Common Council for final
decision prior to any granting of license by the Board of
Public Works to the Chamber of Commerce.
Mayor Gutenberger commented that the Chamber of Commerce
has been to the Town of Ithaca and twice met with the BPW.
There was nothing on the agenda tonight regarding this project
so therefore the Chamber of Commerce did not have the opportunity
to come in and talk to Council. He did not think it was
fair to have the Chamber get 99% through the process and
then have Council change the process.
Alderperson Cummings explained the reason the request had
not come to Council first was that since the committee did
not want to relinquish control over the property they came
up with a mechanism for handling it which would keep the
city in control of the property and that is why it went to
the Board of Public Works. The committee felt this put the
city in the strongest control position rather than transferring
or selling the property. A one year revocable permit could
be issued by the BPW.
Resolution
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the policy issue of use of city owned land
by the Chamber of Commerce be referred back to the Planning
and Development Committee and the Board of Public Works be
directed not to issue a license until after Common Council
has reviewed the matter and acted on it at the June 3rd Common
Council meeting.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Schlather, Haine,
Romanowski
Nays (3) - Dennis, Cummings,
Abstention (1) - Killeen
Booth, Hoffman, Peterson,
Lytel
Carried
Environmental Bond Act
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the present Greater Ithaca Activities Center Court
Street mini -pool is the only public pool located in the City's
downtown area, and
250
-18- May 6, 1987
WHEREAS, the present pool during an average summer will serve
an estimated 300 youths living in the downtown neighborhoods
and has become a valuable recreational resource during its
ten years of service in the Northside - Southside communities,
and
WHEREAS, the present pool will not be in functioning condition
this season, and
WHEREAS, the Environmental Quality Bond Act has made available
matching funds for reimbursement of fifty percent (500) of
eligible costs, for which construction of a new municipal
swimming pool may be considered an eligible activity, and
WHEREAS, a request for funds will be submitted to the 1988
Capital Budget to build a new in- ground municipal pool, and
WHEREAS, the costs of operating a new in- ground pool will
not be substantially different from those of the existing
pool; now, therefore, be it
RESOLVED, That Common Council authorizes and directs the
Department of Planning and Development to submit an application
under Title 9, Municipal Parks Projects, of the Environmental
Quality Bond Act to the New York State Office of Parks, Recreation
and Historic Preservation for construction of a new municipal
swimming pool for the Greater Ithaca Activities Center, the
location of which shall be mutually satisfactory to GIAC,
the Ithaca School District, and the Central School.
Discussion followed on the floor.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the fifth WHEREAS be deleted.
Ayes (3) - Schlather, Romanowski, Booth
Nays (7) - Lytel, Cummings, Peterson, Hoffman, Haine, Killeen,
Dennis
Motion Defeated
Further discussion followed on the floor.
Concern was expressed by several Alderpersons that coal tar
exists at the site.
Alderperson Killeen asked City Attorney Nash to check on
clean -up of the area regarding the supposed coal tar in
the area.
Main Motion
A vote on the main motion resulted as follows:
Carried Unanimously
Brick Pavers Reuse - Clinton Hall Public Right -of Way and
Courtyard
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, Clinton Hall has been designated a local landmark
and is under consideration for nomination to the National
Register of Historic Places, and
WHEREAS, Clinton Hall was until recently derelict and in
danger of demolition or collapse, and
WHEREAS, Joseph Ciaschi bought and rehabilitated Clinton
Ball in compliance with design review criteria of the Ithaca
Landmarks Preservation Commission and has made a substantial
private investment in the rehabilitation work, and
251
-19- May 6, 1987
WHEREAS, the Ithaca Landmarks Preservation Commission has
determined the proposal to be eligible according to criteria
stated in the City's Brick Reuse Policy, adopted by Common
Council October 1, 1986, and
WHEREAS, areas to be paved are public rights -of -way and are
accessible to the public; now, therefore, be it
RESOLVED, That in recognition of Mr. Ciaschi's contribution
to the revitalization of downtown Ithaca through the restoration
and rehabilitation of Clinton Hall, Common Council does hereby
sell ten thousand (10,000) brick pavers for use at Clinton
Hall to Joseph Ciaschi for a total price of one dollar ($1.00).
Discussion followed on the floor regarding the legality of
transferring the bricks as a gift to a private citizen and
whether the area to be paved is a public or a common right -
of -way.
Tabling Resolution
By Alderperson Lytel: Seconded by Alderperson Romanowski
RESOLVED, That the City Attorney is directed to determine
LO whether the area to be paved with bricks is a public right-
= of -way and whether there is a legal mechanism that makes
m it possible for the city to transfer the bricks to the developer
of the Clinton Hall site.
Q Carried Unanimously
Landfill Site- Impact on the City
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, the City of Ithaca recognizes its responsibility to
work with the County of Tompkins towards a rational and
economically viable system for disposition of solid waste
generated in the City and throughout Tompkins County, and
WHEREAS, the City further recognizes that solid waste disposition
(N� is an increasingly serious problem for all municipalities
across the state and the nation; now, therefore, be it
RESOLVED, That the City hereby pledges itself to work with Tompkins
County to develop a solid waste disposal system which includes
non - polluting volume reduction techniques such as baling,
composting, recycling, etc., and further pledges its support
to imposition of a tipping fee which will act as an incentive
for sensible, controlled landfill use, and be it further
RESOLVED, That the City recommends the use of Route 13 as
the roadway best capable of handling the additional volume
of traffic which will be generated by trucks going to and
from a future landfill, and be it further
RESOLVED, That the City strongly reugests that Tompkins County
choose a site which is not situated in the City watershed.
Discussion followed on the floor.
Amending Resolution
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That in the first RESOLVED, in the middle of line
4 the following be deleted: "and further pledges its support
to imposition of a tipping fee which will act as an incentive
for sensible, controlled landfill use ".
Discussion followed on the floor.
Alderperson Romanowski objected to the main resolution stating
that Route 13 be recommended as t;t,�- roadway best capable
of handling the ica i�i f traffic. He felt that
this was a pre,uatur0 S -�'JC . i. iv, ,I-L' .
252
-20- May 6, 1987
Alderperson Hoffman objected to the amending resolution deleting
imposition of a tipping fee. He felt it was important to
state that those who generate the trash pay for it proportionately
as this will be the only way people will take the responsibility
for their garbage.
Alderperson Cummings stated that there is a meeting scheduled
for Tuesday, May 12, at 7:00 p.m. with a presentation from
Cooperative Extension at 7:30 p.m. County representatives
will be there. She urged Council members to attend.
Resolution to Table
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the matter of Landfill Site - Impact on City
be tabled.
Ayes (8) - Romanowski, Cummings, Haine, Dennis, Booth,
Killeen, Hoffman, Peterson
Nays (2) - Schlather, Lytel
Carried
Capital Improvement Program - Schedule for 1988
Alderperson Cummings stated that by May 22 all Capital Improve-
ment requests should be submitted to Planning and Development.
On June 12 the capital budget as compiled will be submitted
to Capital Review Committee. If Council wants to add anything
to the list it must be done before the end of May.
Executive Evaluation, Director Planning and Development
Alderperson Cummings stated that the P&D Committee is looking
at three evaluations in June.
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
Six Mile Creek Committee
Alderperson Peterson reported that the new gorge ranger started
work on May 3.
The committee passed a resolution making a recommendation
on how to rehabilitate the slope around the pipeline above
the 30 foot dam. The information was sent to the Board of
Public Works.
Human Services Coalition
Alderperson Peterson reported on the May 6 meeting-of the
Human Services Coalition. They sponsored their first hearing
with groups requesting funds from the City and the County.
Atty. Nash is researching how we might deal with these community
organizations since we do not have Federal Revenue Sharing
Funds for 1988.
Town of Ithaca Board of Zoning Appeals - Fire Station Construction
Alderperson Killeen reported that he attended the Town of
Ithaca BZA meeting where 2 sites had been approved for construction
of new fire stations. One site is an acre and a half above
the entrance to Ithaca College. The other site is a three
and a half acre Cornell farm across from the Odd Fellows
Hall near the hospital.
ADJOURNMENT:
On a motion the meeting adjourned at ll:SS P.M.
, cz_� e,
Callista F. Paolan eli
City Clerk