HomeMy WebLinkAboutMN-CC-1987-07-08COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. July 8, 1987
PRESENT:
Mayor Gutenberger
Alderpersons - Booth, Cummings, Dennis, Haine, Hoffman
Lytel, Peterson, Romanowski, Schlather
ABSENT:
Alderperson Killeen (excused)
OTHERS PRESENT:
City Attorney - Nash
City Controller - Spano
Deputy City Controller - Cafferillo
City Clerk - Paolangeli
Director, Planning & Development - Van Cort
Fire Chief - Olmstead
Personnel. Administrator - Baker
Building Commissioner - Hoard
Community Development Planner - Evans
Executive Director Community Development - Goldwyn
Civil Service Commissioner - Cooper
LD BPW Commissioner - Nichols
= Supt. of Public Works - Dougherty
M 3rd Ward Candidate - John Johnson
Q 2nd Ward Candidate - Willard Dickerson
Mayoral Candidate - Ruben Weiner
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance
to the American flag.
MINUTES:
Approval of Minutes of June 3, 1987 Council Meeting
Alderperson Schlather requested that on page 10, Simeon's
Insurance Coverage) the word 'liquor' be inserted between
$300,000 and liability.
275
Alderperson Schlather requested that on page 21, (G.I.A.C.
Mini -Pool) the sentence 'There was no action taken' be deleted,
and the following sentence be added: "The Budget and Administration
Committee recommended that $5,000 be set aside for repairs,
subject to receipt of further information."
Resolution
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the Minutes of June 3, 1987 meeting be approved
as amended.
Carried Unanimously
SPECIAL ORDER OF BUSINESS:
Pu lic Hearing - An Ordinance Amending Section 30.26 (c) (4)(iv)
of Chapter 30 Entitle 'Zoning' of the City of Ithaca Municipal
coae (aaal.ng buoaivision li or becrion Su.Lo)
Resolution to Open Public Hearing
By Alderperson Booth: Seconded by Alderperson Haine
RESOLVED, That the Public Hearing to consider amendment of
Section 30.26 (c)(4)(1v) of Chapter 30 Entitled 'Zoning'
of the City of Ithaca Municipal Code (adding Subdivision
D of Section 30.26) be declared open.
Carried Unanimously
Alderperson Schlather gave background on the amending ordinance.
No one appeared to speak to the hearing.
-2- July 8, 1987
2'76
Resolution to Close Public hearing
By Al erperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That the Public Hearing to consider amendment of
Section 30.26 (c)(4)(0) of Chapter 30 Entitled 'Zoning' of
the City of Ithaca Municipal Code (adding Subdivision D of
Section 30.26) be declared closed.
Carried Unanimously
Retirement of Police Chief James M. Verson
By Alderperson Peterson: Seconded 5y Alderperson Romanowski
WHEREAS, James M. Herson has devoted 33 years of his life
to police service, and
WHEREAS, Jim has faithfully served the City of Ithaca as a
member of the Ithaca Police Department for 20 years, and
WHEREAS, for the past 16 years he has distinguished himself
as Chief of Police in the City of Ithaca, and
WHEREAS, in a diverse community such as Ithaca, the position
of Chief of Police requires a wide range of skills to deal
with a myriad of issues on a daily basis, and
WHEREAS, Jim has continually proven himself as a capable and
skillful leader of the Ithaca Police Department, especially
in the face of crisis, and
WHEREAS, Chief Herson is known throughout the community for
his warmth and his willingness to lend a hand to others, and
WHEREAS, during his 33 years of service, Jim has earned the
respect and admiration of the entire community and from his
peers throughout the State of New York, and
WHEREAS, Chief James Herson has retired from the Ithaca Police
Department as of June 30th, 1987
NOW, THEREFORE, BE IT RESOLVED, on behalf of the entire City
of Ithaca, Common Council hereby extends its deep appreciation
to James M. Herson for his 20 years of loyal and dedicated
service to his hometown and for a job well done and further
wishes Jim a long and rewarding retirement.
Carried Unanimously
ADDITIONS TO THE AGENDA:
New Business
Alderperson Booth requested the addition of a resolution amending
the City's Environmental Quality Review Ordinance.
No Council person objected.
Budget and Administration committee
Alderperson Hoffman requested the addition of a Local Law
regarding Alderperson's.Salry, as Items M and N.
Alderperson Cummings objected. Resolution was not added. (See City
Attorney's Report, Page 7) .
Executive Session
Mayor Guten erger requested an Executive Session at the end
of the meeting to discuss two personnel items.
No Council person objected.
PETITIONS AND HEARINGS BEFORE COUNCIL:
Stewart Par
Doria Iliggins, representing Citizens to Save Stewart Park,
read the following statement:
"I would like tonight to read you,a few quotes from a recent
article (July 22 and July 29) in the New Yorker, called
"Experiencing Places," which examines a mass of recent research
on how human beings experience the environment they are in.
-3-
July 8, 1987
27'7
The first quote concerns Prospect Park in Brooklyn, designed
by Frederick Law Olmsted. The quote is about a part of the
park called Long Meadow, which is 75 acres. To give you an
idea of how big 75 acres is -- Stewart Park is 39 acres, so
Long Meadow is about exactly twice as big as Stewart is. This
is the quote:
"Long Meadow covers seventy -five acres—and is thought
to be the longest continuous open space in any urban park
in the United States ... (at) the edge of the meadow is one
of the few places in the park -- in the city where someone
can look straight ahead for almost a mile and all there is
to see is grass and sky above it." He goes on to describe
Long Meadow and then at the end of that paragraph he says
once again "straight ahead there is only the grass."
Then in describing the experience of Long Meadow,he says,
"The experience ... is of being overtaken by a sense that
in the midst of a crowded and confining city you can be present
in and a part of a serene and endless world. People feel
that they are being pulled forward into the meadow, and sometimes
that everything around them has become more vivid. There
�. can also be feelings of welcome, of safety, of wonder, of
exhilaration."
It occurs to me that if by some magic you were the governing
[n body of Brooklyn, that you would be saying there as you are
Q saying here, "Long Meadow is nice but let's fix it up. Let's
put some more things in there, let's put in some sculpture
that moves, let's put in some paddle boats and a lagoon pavilion,
and a bulge at the waterfront and a duck pond pavilion and
a deck over the duck pond and, oh yes, let's put in lots of
ecological plantings, - --and a sign, two big billboards
in front of the meadow saying 'Long Meadow'; of course, the
signs will hide the meadow but at least people will know it's
there." And I can imagine that if people say to you in Brooklyn
as they do say here, "Iley, wait a minute. We like Long Meadow
the way it is. We don't want it changed," that you would
reply as many of you are doing here, "Well, perhaps there
are too many proposals; we'll just implement half of them
See how responsive to the public."
Let me read you a quote from Olmsted further in the article.
"What we most want is a simple, broad, open space -- the beauty
of the fields, the meadow, of the green pastures, and the
still. waters ... to gain ... tranquility and rest to the mind."
And the last quote I will read you from this article is
the ominous quote and this is the warning. It is a very serious
warning to you though it is just written in the New Yorker
to anyone who reads it. "But probably no one -- not even
architects who can visualize their own work, and certainly
not mayors or planning commissioners -- can previsualize the
effect that large - scale rebuilding will have on the experiencing
of an area ... And so most predictions about the result of
full -scale rebuilding are largely guesswork. When the guesses
turn out badly, as they frequently do, there is likely to
be widespread distress -- after the fact -- about the loss
of a valued experience. People who lived in New York in the
early nineteen sixties, for instance, can still remember the
shock they felt when Pennsylvania Station was torn down for
a new station, underground," This article then quotes from
an editorial in the New York Times which read, "Until the
first blow fell, no one was convinced that Penn Station really
would be demolished or that New York would permit this monumental
act of vandalism. Penn Station which covered -two city blocks,
was a gargantuan but exuberant structure ... that made you
feel glad when you arrived in New York. The replacement station,
cramped and shabby, makes people pull into themselves and
hurry through."
278
-4-
And finally, quotes from three
quotes are written last August --
to any particular plan. They are
itself.
July 8, 1987
Cornell architects. These
so they are not in reference
in reference to the park
Arch Mackenzie, Associate Professor of Architecture at Cornell,
speaking of the components of that park which make it so marvelous,
said, "It would be easy to disturb these delicate features
by even a few ill- considered improvements."
Christian Otto, Professor of Architecture at Cornell, said,
"Stewart Park is a delicate balance of lawn, trees and buildings.
The success of the present arrangement is best acknowledged
by letting it continue to succeed. Stewart Park needs care,
not upheaval, ...Let it be! ", and
John Shaw, Professor of Architecture at Cornell, "It is difficult
to understand the imagined need to make drastic changes in
Stewart Park. Who has determined that anything more than
careful restoration and maintenance is needed or desirable?
As a twenty -four year resident of Ithaca, I request that Stewart
Park not be cluttered up in the name of improvement."
Mary K. Johnson, 20S Homestead Terrace, presented to Council
and the press a copy of a letter from Robert 0. Wyllie, expressing
exactly the views that Citizens to Save Stewart Park have
been expressing to keep Stewart Park exactly as it is.
Cody Cook, RD #l, Trumansburg,
of leaving Stewart Park as it
satisfies all ages of people.
NY, spoke to Council in favor
is. She stated that the park
Bi- Centennial
Ervin E. Kreutter, 5299 Route 289, Romulus, NY., spoke to
the Council regarding the Bi- Centennial and the Constitution.
Civil Service Commission
A-ucl-rey Cooper, 206 Monroe Street, representing the Civil Service
Commission of the City of Ithaca, spoke to the Council regarding
reorganization of Offices of Civil Service and Personnel.
She read the following statement:
"The Ithaca Civil Service Commission possess statutory
authority to administer Civil Service law in the City of Ithaca,
the City School District and the Housing Authority. Included
within the Commission's authority are the power to adopt rules
for proper Civil Service Administration in such areas as position
classification, jurisdictional classification, probrationary
term upon appointment or promotion, examinations and establishment
and certification of eligible lists. The major role of the
commission is to assure that the provisions of Civil Service
laws and rules are properly administered. To a great extent
the commission relies upon its Executive Secretary to administer
the Civil Service system within policies determined by the
Civil Service Commission. The rules of the City of Ithaca
Civil Service Commission, rule #2, authorizes the Commission
to appoint a secretary. This rule has the force and effect
of the law. The proposal before the City's Common Council., in
effect, usurps the legal authority of the Commission to appoint
its staff. Without questioning the capabil=ities of Mr. Baker
the issue is whether or not the City recognizes the legal
authority of the Commission to appoint its own staff. Mr.
Baker was appointed by the Mayor to be Personnel Administrator
for the City. The jurisdiction of the Civil Service Commission
extends beyond the City to the Ithaca City School District
aazd the Mousing Authority. The Commission did not have any
vote whatsoever: in Mr. Bakers selection. We possess the legal
right to appoint our staff. Should the Common Council adopt
the proposal the Commission is not obligated to select the
Personnel. Administrator or anyone else to conduct our business.
We may, if the proposal is adopted, decide to operate without
a secretary and not delegate any of our authority to anyone.
S- July 8, 1987
We do not welcome such a condition, particularly since the
administration of Civil Service in the City of Ithaca was
rated 'very good' by the NYS Department of Civil Service.
This is the second highest rating that can be received in
the State. We believe Civil Service to be well administered
and if there are any concerns we ask that they be brought before
the Civil Service Commission. We have been receptive to the
needs of department heads, employees and the public in the
past and we expect to do so in the future. In May the Commission
held a special meeting to give the public and City employees
the opportunity to comment on the proposal. Those people
who attended and commented were not in favor. The Commission
then made the decision, on record, to oppose the proposal.
In closing, I must once again emphasize the Commission's legal
authority to appoint its staff which cannot and should not
be usurped by action of the City Council."
Stewart Park
Kitty Mattes, 101 Irving Place, spoke to Council in favor
of leaving Stewart Park as it is now.
Cornell's Proposed Theory Center
Betsy Darlington, 204 Fairmount Avenue, read the following
statement to the Council:
GO
T_ "As all of you know, Cornell wants to build its new Theory
m Center along the northern edge of Cascadilla Gorge, with
all but a few feet of its southern wall actually sticking
into the gorge woods. In response to pressure from Cornell
Plantations and the community, the architects pulled the building
back from its original recent position., but not nearly as
far as Cornell's press release led people to believe. Cornell's
PR man told me that the building and its road would encroach
on the gorge by "only" five to ten feet in its new position.
In fact, the western wall would be 21' in from the gorge edge
and the new road, 30' in. (This road would emerge from under
the building on its western side.) The construction would
remove over 100 trees, but even if it wouldn't take a single
tree and was flush with the edge of the gorge, it would seriously
compromise the peace and tranquility of the area. The building
would replace trees, birds and waterfalls as the dominant feature
of the gorge. The gorge needs at least a parking lot or driveway
as a buffer zone.
The building would be 140 feet high on its eastern end
and 160 feet high on its western end. It would be clearly
visible above the trees from the south side of the gorge.
Thinking that 8 112 to 9 1/2 stories would be about 90 feet,
my husband and I put up a helium balloon to that height at
various points in the site. You will see in the photos I
brought how even 90 feet is enormously high above the trees.
When you see the pictures, you will have to imagine the balloon
to be 56% higher at the east wall and 78% higher at the west
wall.
279
In addition, the building would be 283 feet long. That's
nearly
as long as a football field (300 feet), and longer
than
Olin LIbrary (231 feet).
It would be 80' wide, just a bit narrower than Olin Library.
Its
that
north side would have a wing, adding on another 80' (making
section the width of a football field). Photos of the
architects'
model can be seen in the Engineering School Dean's
Not
Office.
It is basically just another huge rectangular structure,
with
a wing tacked on. I think the corners are rounded off,
but
otherwise it should harmonize well -- except for its height--
with
the other ugly engineering buildings. When you drive
onto
campus across the bridge from Rt. 366, this building is
what
will greet you, just beyond the guard booth, rather than
the
gorge. No tree could grow tall enough to even begin to
hide
it.
279
280 -6- July 8, 1987
Hoy Field, the baseball field across Campus Road to the
east of Grumman Hall, is sacred ground with the Board of 'Trustees.
However, they also made a commitment some 100 years ago not
to build into the gorges. Why is the gorge to be sacrificed
to save Hoy Field? You can easily move a ball field. You
can't move a gorge. And Hoy Field is not attractive, nor
is it open to the general public. Some of the photos show
what Hoy Field looks like, with its 8' chain link fence (but
much higher on the north side), a 5' fence a bit beyond that,
and a hodge -podge of buildings on its north and east sides.
If Hoy Field absolutely cannot be touched, the Theory Center
itself could be put on Cornell's periphery, according to various
informed people including some in the Engineering School itself.
(From the standpoint of parking and housing pressures on the
Bryant Tract, that would be preferable to Hoy Field.)
Ithaca's beautiful gorges are badly needed to quiet the
nerves and calm the spirit. Any other university would give
anything to have them. The gorges, not Hoy Field, should
be treated as sacred ground, and it is Cornell's responsibility
to protect them. The decision to build into Cascadilla Gorge
was made in haste. It would be a mistake we would have to
look at, day after day and year after year, forever. A monument
to bad planning.
Some of you saw my letters to the Ithaca Journal, Grapevine,
and Ithaca Times. I have lived here for 24 years, and written
a number of letters in that time, but I have never had a response
like the one to the Theory Center letters. Nearly everyone
I have run into in the weeks since then has brought it up
and expressed outrage and disbelief that Cornell would even
consider building in such an inappropriate site. I have received
phone calls and letters as well. If there is anything that
Ithacans unanimously treasure (well, except for some of Cornell's
planners!) it's our gorges. Cornell is a tough nut to crack, but
it has been known to happen, and I think it will happen again,
if enough pressure is applied.''
Ms. Darlington stated that there will be a public hearing
on the matter of Cornell's proposed Theory Center on August
17, 1987 at the Women's Community Center.
She presented photos and maps to the Council of the area in
the gorge where Cornell is proposing to build the Theory Center.
Alderperson Cummings stated that the matter will be discussed
at the Planning and Development Committee meeting on the 29th
of July.
Stewart Park
George Sheldon, 1511 Ridge Road, Lansing, NY., spoke against
making changes in Stewart Park.
Park Land Lease to Chamber of Commerce
Guy Gerard, 112 Farm Street, spoke to Council regarding leasing
of park land to the Chamber of Commerce. He also spoke about.
parking :fines and part -time parking meter attendants.
MAYOR'S APPOINTMENTS
Recycling Task Force
Mayor Gutenberger requested approval of the appointment of
Barbara Hotchkiss, 515 Chestnut Street to the Recycling Task
Force for an indefinite term.
Resolution
By Alderperson Haine: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of Barbara
Hotchkiss to the Recycling Task Force for an indefinite term.
Carried Unanimously
-7- July 8, 1987
Board of Fire Commissioners
Mayor Gutenberger requested approval of the appointment of
Gary Moravec, 420 Utica Street to the Board of Fire Commissioners,
for a three year term to expire June 30, 1990.
Resolution
By Alderperson Dennis: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of Gary
Moravec to the Board of Fire Commissioners for a three year
term to expire June 30, 1990.
Carried Unanimously
Conservation Advisory Council
Mayor Gutenberger requested approval of the appointment of
Roger H. Farrell, 120 Eastwood Terrace to the Conservation
Advisory Council for a two year term to expire December 31,
1988.
Resolution
By Alderperson Haine: Seconded by Alderperson Booth
T'j RESOLVED, That this Council approves the appointment of Roger
11. Farrell to the Conservation Advisory Council for a two
year term to expire December 31, 1988.
Carried Unanimously
m CITY ATTORNEY'S REPORT
Q Alderperson's Salaries
City Attorney Nash stated that Robert's Rule of Order does
provide that a question laid on the table remains there until
taken from the table or until the close of the next regular session
If the matter is not taken up by that time the question dies.
At this point the question of the Alderperson's salaries would
have to be on the agenda to be considered, or unanimous consent
would have to be obtained because it is part of the Common
Council rules that if it is not on the agenda you can't consider
it unless everybody approves. City Attorney Nash advised
that iF the Local Law is to be re- introduced, the same procedure
of laying it on the table for the August Common Council meeting
should be followed.
Wilcox Press
City Attorney Nash reported that he has spoken with the city's
noise expert. He has agreed to the terms on the contract
for services and he will be here before the end of the month.
Federal Revenue Sharing Funding
City Attorney Nash stated that he has met with Glen Goldwyn
and they are looking at some possibilities of how to effectively
replace Federal Revenue Sharing Funds with City General Fund
dollars.
Morse Property - Solvent Testing
Alderperson Lytel asked City Attorney Nash if he has been
involved with the problem of the solvent that has been discovered
on the Morse property that is presently being tested. It
is his understanding that they are testing now to see whether
or not all of the substance involved was flushed out or whether
it has gotten into the ground water on South Hill property.
281
Public Officer's Law
Alderperson Schlather asked if the city has received any word
regarding the changing of Public Officer's Law to allow the
City of Ithaca to modify the residency requirement for the
Board of Fire Commissioners.
Mayor
Gutenberger stated that
the
County Health Department
(Mae
has been
in touch with him.
They
were trying to get
the information
out to
the residents of South
Hill
and asked them to
contact
the Health
Department if they
see
or smell anything
in that
area.
The Mayor's Office can
not
take any action at
this
time.
City Attorney Nash will
be
in touch with the
County
Health
Department regarding this
matter.
Public Officer's Law
Alderperson Schlather asked if the city has received any word
regarding the changing of Public Officer's Law to allow the
City of Ithaca to modify the residency requirement for the
Board of Fire Commissioners.
282
-8- July 8, 1987
Atty. Nash responded that the Governor has not signed the
law yet but that it has passed both }louses. The Mayor has
sent a letter to the Governor requesting his prompt action.
Liquor Liability Insurance
Alderperson Schlather asked if verification has been received
as to the liquor liability insurance on Simeon's.
Atty. Nash responded that it is all taken care of.
Strand Theatre
Alderperson Schlather asked about the status of the Strand
theatre.
City Atty. Nash responded that he has received a communication
from ARC within the last couple of days, basically asking
for more information. They have also notified HUD in Buffalo
to make sure the City is complying with the State and Federal
historic preservation laws. The City has to complete our
appraisal of the property which is in the works at this point.
In regard to the present lawsuit that is pending there is
no active proceedings on it at this time.
Bikeway
Alderperson Schlather asked if any further action is needed
from Council to move the matter along.
City Atty. Nash responded that based upon the preliminary
responses from the owners, the only way the City is going
to get the property is to condemn it. There will be authorization
needed from the Council to do that.
BUDGET AND ADMINISTRATION COMMITTEE:
Fire Department Personnel Roster
By Alderperson Dennis: Seconded by Alderperson Cwnmings
RESOLVED, That the 1987 Personnel Roster of the Fire Department
be amended to include the addition of one Assistant Fire Chief
position and one Account CLerk /Typist - 20 Hour position,
as requested by the Fire Chief, and be it further
RESOLVED, That the Assistant Fire Chief position be charged
with the responsibility for training, which position is subject
to reconsideration in the event that the County establishes
a full time training officer who is available to the City
for training functions.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
No. S Fire Station Appraisal
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That an amount not to exceed $1,500 be transferrred
from Account A1990, Contingency, to Planning Department Account
A8020 -430, Fees for Professional Services, to provide funding
for an appraisal to be made of Fire Station No. S.
Discussion followed on the floor.
Alderperson Lytel asked if there is a plan yet for the building
when the appraisal is done.
Mayor Gutenberger responded that there are three options;
it can be offered for public sale, it can be transferred to
the Urban Renewal Agency for review, or there are new procedures
where the City could negotiate with the private sector.
Alderperson Cummings suggested that-when the City knows the value
of the property that the public be encouraged to come forward
with innovative ideas. It is in a prime location, a major part
of our downtown. She thinks there should be publicity and see
what good ideas are out there on this project.
-9- July 8, 1987 283
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Hoffman
RESOLVED, That the Planning Department be and it is hereby
directed to advertise that the building may be available for
future sale or other use.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (3) - Schlather, Romanowski,
Hoffman
Nays (6) - Dennis, Cummings, Peterson,.Booth, Haine, Lytel,
Motion Defeated
Main Motion
A vote on the main motion resulted as
follows:
Carried Unanimously
Building Inspector III Provisional Appointment
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That Richard L. Eckstrom be
provisionally appointed
to the position of Building Inspector
III, at an annual salary
d-
of $19,983, that being Step 4 on the
1987 C.S.E.A. - Administrative
Unit Compensation Plan, effective July
1, 1987.
Carried Unanimously
(n
D.P.W. Position "Titles
Q
By Alderperson Dennis: Seconded by Alderperson
Cummings
WHEREAS, the Civil Service Commission
has concluded a reclassi-
fication survey of the Department of
Public Works, and
WHEREAS, Common Council action is needed
to approve title
changes and the establishment of new
titles; now, therefore,
be it
RESOLVED, That this Common Council does
approve the following
title changes and new position titles
as recommended by the
Civil Service Commission.
OLD TITLE
NEW TITLE
1. Assistant Chief Sewage
Assistant Chief Wastewater
Treatment Plant Operator
Treatment Plant Operator,
Type IA Plant
2. Assistant Engineer
Assistant Civil Engineer
3. Chief Sewage Treatment
Chief Wastewater Treatment
Plant Operator
Plant Operator, Type lA Plant
4. - - - --
Civil Engineer
S. - - - --
Custodial Worker
6. - ----
Engineering Technican
7. Water Distribution
head Water Distribution
Maintenance Supervisor
Maintenance Worker
8. Parking Meter Repairer
Meter Servicer
9. - - - --
Parking Lot Attendant
10. Senior Bus Driver
Transit System Assistant
11. Stock Manager
Parts and Supplies Manager
12. - - - --
Senior Laborer
13. Water Meter Supervisor
Senior Water Meter
Supervisor
'![.Iii
•
14. Transit Supervisor
15. Water Meter Repairer
16. Sewage Treatment. Plant
Operator Trainee
17. Sewage Treatment Plant
Operator
18. - - - --
1.9. - - - --
-LO- July 8, 1987
Transit System Manager
Meter Servicer
Wastewater Treatment Plant
Operator Trainee
Wastewater Treatment
I'1c�ni. Op��ratur
Working Supervisor - Bridgr-
W(-)i-king Supervisor - Sani,
Carried Unanimously
Audit
By Alderperson Dennis: Seconded by Alderperson Booth
That the bills presented, as listed on Audit Abstract #12/1987,
-in the total amount of $39,446.80, be approved for payment.
Carried Unanimously
D.P.W. Authorized Equipment List
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the 1987 Authorized Equipment List of the Department
of Public Works be amended to include the purchase of one
air conditioner for the Hall of Justice Building, at a cost
not to exceed $270, and be it further
RESOLVED, That an amount not to exceed $270 be transferred
within the account of the Department of Public Works from
Golf Course, Account A7250 -225, Other Equ=ipment, to Hall of
Justice Building Account..A1622 -225, Other Equipment.
Carried Unanimously
Water Department Transfer of Funds
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That $1,135 be transferred within the Water Treatment
Plant Operating Account from F8330 -477, Equipment Parts and
Supplies, to F8330 -225, Other Equipment, to allow for increased
cost of equipment authorized to be purchased as requested
by the City Engineer.
Carried Unanimously
D.P.W. Authorized Equipment List
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1987 . Authorized Equipment List of the Department
of Public Works be amended to include the purchase of drapes
for the Centennial Commission Office, at a cost not to exceed
$480, and be it further
RESOLVED, That an amount not to exceed $480 be transferred
from Account A1990, Contingency, to City Hall Building Account
A1621 -205, Furniture and Fixtures.
Carried Unanimously
Auditing Service
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That the firm of Ciaschi, Dieters- Hagen, Schaufler
and Mickelson be retained by the City to perform an examination
of the City of Ithaca Financial Statements for the years ended
December 31, 1986, 1987 and 1988, at a total cost not to exceed
$37,000, and be it further
RESOLVED, That an amount not to exceed $13,000 be transferred
from Account A1990, Contingency, to Finance Department Account.
A1315 -435, Contractual Services, to provide funding for the
year ended December 31, 1986 examination.
Carried Unanimously
-11- July 8, 1987 285
G.I.A.C. Mini -Pool
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That an amount not to exceed $5,000 for vepairs
to and operating expenses for the G.I.A.C. Mini Pool be transferred
from Account A1990, Contingency, to the following:
A7181 -11S Hourly - Full Time $ 62S
-483 Const. Materials 0 Supplies 3,975
-49S Treatment Supplies 400
$S,000
(;Wof Carried Unanimously
Transfer of Funds
By Alderperson Dennis: Seconded by Alderperson Cummings
RESOLVED, That an amount not to exceed $1,500 be transferred
from Account A1990, Contingency, to Legislative Board Account
A1010 -43S, Contractual Services, to provide City contribution
for construction of barbecue area in back of the Golf Course
Pro Shop.
A Discussion followed on the floor.
Iq
Lo A vote on the resolution resulted as follows:
Ayes (7) - Booth, Dennis, Haine, Lytel, Schlather, Cummings,
m Romanowski
Q Nays (2) - Peterson, Hoffman
Carried
Health Insurance Letter
Alderperson Dennis reported that the Labor Management Health
Committee had a meeting and tried to resolve some of the major
problems that people have been bringing to us for the last
six months. He presented a letter that has been written to
Blue Cross /Blue Shield that the committee hopes will allow
the committee to resolve some of that problems that employees
are having with health insurance.
Recess
Common Council recessed at 9:2S p.m. and reconvened in regular
session at 9:40 p.m.
HUMAN SERVICES COMiMITTEE:
Affirmative Action Plan Complaint Procedure
By Alderperson Peterson: Seconded by Alderperson Booth
WHEREAS, the city's Affirmative Action Advisory Committee has
recognized a need for a. formal, clearly written complaint procedure
and has thus completed such a document, and
WHEREAS, the Committee has included both employees and job
applicants to be covered in this procedure after input from
a public hearing; now, therefore, be it
RESOLVED, that the following document be adopted as the City
of Ithaca Affirmative Action Plan Complaint Procedure:
It is the policy of the City of Ithaca to provide equal
employment opportunity to all applicants for City jobs, as
well as all City employees. It is the intent of the City
to provide such opportunities in accordance with Federal,
Not State, and local laws and rules, regulations and guidelines
promulgated by Federal, State, and local agencies.
It is the City of Ithaca's policy to provide equal employment
opportunity in all areas of employment, :including but not
limited to recruitment, hiring, orientation, training, promotion,
and termination. To meet this end,-the City has disseminated
28E► -12- July 8, 1.987
to all department heads a coley o1 the City's Affirmative Action
Plan. Department heads are encouraged to make every effort
to recruit, hire and promote qualified individuals without
regard to race, sex, age, color, religion, handicap, marital
status, national origin, political affiliation, veteran status,
sexual orientation and /or affectional preference. In addition,
the City's Affirmative Action Officer and Affirmative Action
Advisory Committee act in an advisory capacity to the City's
Chief Executive, legislative body, appointed officials, and
department heads on matters concerning affirmative action
and equal. employment opportunity.
To assist employees and applicants In resolving complaints
of alleged employment discrimination, the Affirmative Action
Advisory Committee has developed and established a complaint
procedure. Applicants and employees who feel that they may
have been discriminated against based on race, sex, age, color,
religion, marital status, national origin, political attiliation,
physical or mental handicap, veteran status, or sexual orientation
and /or affectional preference, should contact the Personnel
Administrator of the City of Ithaca and follow the procedure
outlined herein. The City of Ithaca will make every effort
to resolve the complaint. The complainant will be advised
of the results of the Personnel Administrator's investigation
at every stage of the procedure, and will receive, in writing,
the findings of the Personnel Administrator following a thorough
investigation of the complaint.
COMPLAINT PROCEDURES
STEP 1. If an employee or applicant feels that he or she
has been discriminated against in some fashion related
to employment opportunities or the terms and conditions
of employment, lie or she should notify the Personnel
Administrator of the City of Ithaca within thirty
(30) working days of the alleged discriminatory
act, or as soon as he or she could have reasonably
known that such alleged discriminatory act had
occurred. (NOTE: An applicant for a City of Ithaca
position vacancy who feels that he or she has been
discriminated against may also file a complaint
directly with the Tompkins County human Rights
Commission - 1287 Trumansburg Road - Ithaca, New
York 14850).
STEP II. The individual alleging employment discrimination
should meet with the Personnel Administrator to
discuss the details of the alleged discriminatory
act. After that meeting, the individual should
complete the attached complaint form. The completed
form will be filed with the Personnel Administrator.
A copy of the completed form will be given to the
complainant, and a second copy will be filed with
the Chairperson.-, of the Affirmative Action Advisory
Committee.
STE1) ILL. The Personnel Administrator will conduct a preliminary
investigation of the complaint, including, but
not limited to contacting the person's immediate
supervisor and department head to discuss the facts
of the complaint. If the complaint involves other
city personnel, the Personnel Administrator will
interview those persons as appropriate. Upon completion
of this investigation into the facts of the case,
the Personnel Administrator will submit a written
report of findings to the Chairpersons of the Affirmative
Action Advisory Committee, the Mayor, the complainant,
and the department head._ The report of findings
should also contain recommenclatiorns for resolving the
-13-
July 8, 1987
complaint. The Personnel Administrator should
complete the investigation within twenty (20)
working days of the formal filing of the complaint.
If the investigation is incomplete, a preliminary
report must be made within the same time frame.
STEP IV. If the complaint is found to be without basis,
the Personnel Administrator will notify the
complainant of the findings and direct the complainant
to other appropriate agencies, should the complainant
wish to pursue the complaint further. If the
complaint is found to have basis, the Personnel
Administrator will set up a meeting between the
Coe parties involved, and make every effort to reach
An appropriate resolution to the problem. If the
complaint cannot be resolved at this stage, the
complainant will be advised, in writing, of his
or her right to go to other outside agencies, such
as the Tompkins County Human Rights Commission
and the United States Equal Employment Opportunity
Commission to seek remedy.
ri NOTES
Iq 1. EVERY EFFORT WILL BE MADE TO KEEP ALL DISCRIMINATION
LD COMPLAINT'S, BOTH FORMAL AND INFORMAL, CONFIDENTIAL.
2. EACH COMPLAINANT WILL BE EXTENDED THE FULL COOPERATION
m AND COURTESY OF THE PERSONNEL ADMINISTRATOR AND APPROPRIATE
Q STAFF.
287
3. EACH COMPLAINT IVESTIGATION WILL BE THOROUGH, TIMELY,
AND UNBIASED.
4. THE PERSONNEL ADMINISTRATOR WILL AVAIL HIMSELF OR HERESELF
TO ALL EMPLOYEES AND APPLICANTS FOR THE PURPOSE OF RECEIVING
AND DISCUSSING COMPLAINTS OR ALLEGED EMPLOYMENT DISCRIMINATION.
S. ALL REPORTS AND OTHER RECORDS DEVELOPED IN A PARTICULAR
CAST: IN THIS PROCEUDRE SHALL BE KEPT IN A SEPARATE, CONFIDENTIAL
FILE IN THE OFFICE OF THE PERSONNEL ADMINISTRATOR.
Carried Unanimously
Day Care
Alderperson Peterson reported that the committee discussed
day care issues in the city. Basically, the Director of
the Day Care Council covered such items as availability and
affordability of day care. 'I'Ile Day Care Council will continue
to work with the city on the day care issue.
Skateboarding .
Alderperson Peterson reported that the committee heard from
children and parents regarding a 'Skateboard Park'. More
information will be gathered and presented to Council.
PLANNING; AND DEVELOPMENT COMMITTEE:
Cornell Housing Plans
Alderperson Cummings reported that eleven months ago a Cornell
representative attended the Planning and Development Committee
meeting and spoke regarding residential housing for Cornell
graduate students. Cornell will be at the meeting in August
to bring this matter back to the committee again. If any
council person has any ideas for approaches that could be
proposed to the University, the committee would like to have
them before the August committee meeting.
Cornell 'Theory Center /Urban Development Corporation Public
Hearing Input
Alderperson Cwnniings reported that the initial UDC hearing
was postponed. The Planning Board is required by law to
comment and make recommendation to the UDC. The Planning
Board as well as the Planning and Development Committee have
real concerns about the Theory Center's broader impact on
the conununit.y. The committee discussed the broader issues
288 -1`I- July 8, 1987
which Cornell growth and development will cause, the issues
of strain on housing and neighborhood pressures, and parking.
The committee is continuing to take these opportunities for
environmental review as serious opportunities not just for
comments but for strenuous objection to the pressures which
the University has put upon us.
Rental Rehab Modification Program
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, many rental apartments in Ithaca available to low-
and moderate - income households are substandard, and
WHEREAS, the Rental Rehabilitation Program encourages repair
and rehabilitation of such units through low interest loans,
and
WHEREAS, the program has been limited to property owners
of ten or fewer units and has met with only limited success
to date, and
WHEREAS, the Urban Renewal Agency /Community Development Agency
and Planning and Development Comm=ittee has unanimously endorsed
program modifications, now, therefore, be it
RESOLVED, That Common Council approves modification of the
Rental Rehabilitation Program guidelines to allow participation
by property owners who own eleven or more units, if they
meet all other requirements and conditions of the program
and be it further
RESOLVED, That the program administrators are hereby directed
to begin outreach efforts to such owners.
Alderperson Cummings gave background information and explained
the Rental Rehab Program.
Discussion followed on the floor.
Community Development Planner Evans explained the process
for the program and answered questions from Council persons.
A vote on the resolution resulted as follows:
Carried Unanimously
Ithaca Farmer's Market
Alderperson Cummings reported that there has been a lengthy
and on -going process of meetings with representatives of
Northside and bordering Fall Creek neighborhoods dealing
with examination of traffic issues. "They have met with a
Traffic Consultant; Bob Leathers, Architectural Consultant
and there has been a presentation by Leathers and the Traffic
Consultant in a large public forum. It is a process that
is moving forward on three fronts; examination of traffic
issues, examination of design issues surrounding the Northside
site, and examination of economic feasibility; negotiating
an economic arrangement that will be agreeable to all parties.
The Farmer's Market will be voting on their willingness to
go forward with the proposed project based on Leather's report
and the Traffic Consultant's report in July. The Planning
and Development Committee is meeting on July 29th in order
to have the Farmer's Market vote. The committee can then
consider their recommendations for Council.
South Hill Architectural and Historic Resources Survey
Alderperson Cummings reported the survey of the Cornell Heights
area has been completed. It looks good for National Register
nomination. The survey of South Hill is getting underway
and the committee will be coming back to Council in a few months
with an .rppl ic:it ion for follow-up funding to do the National
Register component, of that, survey.
-15- July 8, 1987
G.I.A.C. Pool
By Alderperson Cummings: Seconded by Alderperson Schlather
WHEREAS, the City of Ithaca has secured Community Development
Block Grant funds for a series of recreational improvements
to be placed on the block bounded by Esty, North Albany,
West Court and North Plain Streets, land owned by the Ithaca
School District, and
WHEREAS, the City of Ithaca is making an application for
funding assistance through the Environmental Quality Bond
Act to construct an in- ground pool to be owned and operated
by the City of Ithaca, located on portions of the above described
land, and
WHEREAS, the State and Federal funding sources require that
the city secure the use of the land for such improvements
through a lease with an appropriate term and provisions for
Tenant compensation in the event of lease termination, and
WHEREAS, the City Planning and Development and Community
Development staffs and the Ithaca School Board and District
staffs have prepared a draft lease which meets these requirements
and which with approval by both parties will enable the GIAC
Park improvements to be implemented directly, and will fulfill
a critical Environmental Quality Bond Act application require-
ment; now therefore, be it
Q RESOLVED, That the Ithaca Common Council has reviewed and
hereby approves the proposed lease by and between the City
of Ithaca and the Ithaca School District, as recommended
by the Planning A Development Committee, and be it further
RESOLVED, That the Mayor be and hereby is authorized and
directed to sign upon advice of the City Attorney and the
Director of Planning and Development the GIAC Park $ Pool
lease.
Discussion followed on the floor.
Alderperson Dennis explained why the land is being leased
as opposed to the City buying the land.
Atty. Nash explained the terms of the lease with the School
District. City. Atty. Nash, the Mayor, Planning and Development
Director, and the City Engineer will be reviewing the lease
agreement.
A vote on the resolution resulted as follows:
Carried Unanimously
Gibian Sculpture
Alderperson Cummings reported that the committee reviewed
several slides of Mark Gibian sculpture and were very impressed.
He is a native Ithacan who is interested in donating sculpture
for public spaces in town. The committee asked that the
Mayor pursue this further with Mr. Gibian to find out what
sorts of sculpture he has in mind, what sort of materials
and if he has locations in mind.
CHARTER AND ORDINANCE COMMITTEE:
(*Mwv Zoning Ordinance Amendment (Section 30.26 of Chapter 30 of
the Ithaca Municipal Code - Determination of Non- Significance
By Alderperson Schlather: Seconded by Alderperson Booth
WHEREAS, an ordinance amending Section 30.26 of Chapter 30 of
the Ithaca Municipal Code by the addition of a new Subdivision
(d) which clarifies the standard by which the Board of Zoning
Appeals is to evaluate an application for special permit under
the provisions of the recent Court-of Appeals decision in
the case of Bagnardi, et al. vs. Cornell University, and
289
L1
290
-16- July 8, 1987
WHEREAS, appropriate environmental review has been conducted
including the preparation of the Short Environmental. Assessment
Form (SEAT) and said form is filed in the City Clerk's Office,
and
WHEREAS, it appears that this proposed action is an unlisted
action under the State Environmental Review Act (SEAR), including
the Part 617 Regulations thereunder, and may be a type 1
action under the City Environmental Quality Review Act (E.Q.R.
§ 36.5 (B) (5)) , and
WHEREAS, it appears that the proposed action is consistent
with the Court of Appeals decision in the so- called Cornell
Heights case, and is otherwise consistent with legitimate
planning objectives, and
WHEREAS, it appears that the proposed action will not have
a significant effect on the physical or social environment
of the City of Ithaca; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter be, and it does hereby adopt as its own the findings
and conclusions more fully set forth in the short environmental
assessment form, and be it further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that proposed action will not have
a significant effect on the environment and that further
environmental review is unnecessary under the circumstances,
and be it further
RESOLVED, That this resolution shall constitute notice of
this negative declaration and the City Clerk be and she is
hereby directed to file a copy of the same, together with
the attachments, in the City Clerk's Office, and forward
the same to the Office of Planning and Development and any
other parties as required by law.
Carried Unanimously
An Ordinance Amending Section 30.26 (c)(4)(iv) of Chapter 30
entitled 'Zoning' of the City of Ithaca Municipal Code
By Alderperson SchlatherP Seconded by Alderperson Booth
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING SECTION 30.26 (c)(4)(0) 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. ADDING SUBDIVISION D OF SECTION 30.26
That Section 30.26 (c)(4)(iv) of the City of Ithaca Municipal
Code be and it hereby is amended to include a new Subdivision
D which shall read as follows:
"D. The Board shall deny a special permit in all instances
where it finds that a proposed use would have a significant
negative impact on traffic, congestion, property values,
municipal services or the general plan for the development
of the community. The granting of a special permit may be
conditioned on the effect the use would have on traffic,
congestion, property values, municipal services, or the general
plan for the development of the community. The applicant
may be required by the Board to submit plans for the site
and for parking facilities, and to disclose other features
of the applicant's proposed use so as to afford the Board
an opportunity to weigh the proposed use in relation to
neighboring land uses, and to cushion any adverse effects
by imposing conditions designed to mitigate them. If the
W,
K_
91
y
-17-
July 8, 1987
Board finds that the adverse effects cannot be sufficiently
mitigated, then the Board shall deny the special permit.''
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.
Carried Unanimously
Introduction of Zoning Ordinance Amendment (Section 30.54
of Chapter 30 of the Ithaca Municipal Code) (Appeal Procedure)
and Provision for Public Hearing and Public Notice
No By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That Ordinance No. 8Y - entitled "An Ordinance
Amending Chapter 30 Entitled 'Zoning' of the City of Ithaca
Municipal Code be and it hereby is introduced before the
Common Council of the City of Ithaca, New York; and be it
further
RESOLVED, That the Common Council shall hold a public hearing
in the matter of the adoption of the aforesaid ordinance
d- to be held in the Council Chambers, City Hall, at No. 108
LD East Green Street in the City of Ithaca, New York, on Wednesday
the Sth day of August, 1987 at 7:30 p.m., and be it further
M RESOLVED, That the City Clerk give notice of such public
Q hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public
hearing will be held, and in general terms describing the
proposed ordinance. Such notice shall be published once
at least fifteen clays prior to the public hearing, and be
it further
RESOLVED, That the City Clerk shall transmit forthwith to
the Board of Planning and Development and to the Tompkins
County Planning Board a true and exact copy of the proposed
not zoning ordinance for its report thereon.
AN ORDINANCE AMENDING CHAPTER 30 ENTITLED 'ZONING' OF
THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ENACTED BY the Common Council of the City of Ithaca,
New York, as follows:
Section 1. That Section 30.54 of the Ithaca Municipal
Code entitled "enforcement officer; assistance" is hereby
amended to add a new subdivision B which shall read as follows:
B. Any person ordered to comply with the provisions
of this chapter or to cease and desist any use prohibited
by this chapter, and who is in disagreement with the judgment
of the Building Commissioner, may appeal to the Board of
Zoning Appeals, provided that a written statement setting
forth the reasons for such appeal be filed with the secretary
of the Board within 30 days from the service of the order
upon such person and that such appeal be otherwise commenced
pursuant to the provisions set forth in Section 30.58 relating
to procedures before the Board. The Building Commissioner
shall notify such person of this right to appeal and of this
30 day time limitation.
not Section 1. That the titled of Section 30.54 shall be
amended to read as follows:
30.S4 Enforcement officer;
Section 2. This ordinance
and in accordance with law upon
provided in Section 3.11 (B) of
assistance; orders and appeals,
shall take effect immediately
publication of a notice as
the Ithaca City Charter.
Carried Unanimously
291
CR
292
An
coo
By
Ordinance amendin
e (Appeal Procedu
-18-
July 8, 1987
Section 26.24 of the Ithaca Municipal
erperson Schlather
Seconded by Alderperson Booth
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED 'BUILIDING
CODE ENFORCEMENT' 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 Subdivision L of the Ithaca
Municipal Code entitled 'Appeals' is hereby added and shall
read as follows:
L. Appeals. Any person aggrieved by the granting of
a building permit under this chapter may appeal such determination
to the Board of Zoning Appeals or such other Board or Agency
as has jurisdiction over the subject matter of the appeal by
filing a written statement of the reasons why such person
believes that the granting of such permit was improper with
the secretary or clerk of such Board or with the Building
Commissioner.
1. Time Limit. to Appeal. If the person holding such
permit has complied with the Notice and Certification require-
ments set forth in Subsection (2) below, such appeal must
be commenced within thirty days of the filing of the certification
required by that subsection.
2. Certification of Notice. Any person who obtains
a building permit may limit the time to appeal the granting
of such permit to thirty days by causing a written 'Notice
of Building Permit', in a form substantially equivalent to
that set forth in subsection 3 below, to be posted in a
conspicuous place on the property and to be served upon all
property owners within two hundred (200) feet of the subject
property either personally or by ordinary mail and by filing
of a certification of the same with the Building Commissioner.
3. Notice of Building Permit. The notice referred to
in subsection 2 above shall be in writing and shall contain
the following language:
NOTICE: A building permit # has been
the City of Ithaca Building Department for the
at The permit has been
(describe project). A copy of said permit is
the City of Ithaca Building Department and may
during ordinary business hours.
granted by
property located
issued for
an file in
be viewed
Any person aggreived by the granting of such building
permit may appeal to the Board of Zoning Appeals or such
other Board or Agency as has jurisdiction over the appeal
by filing a written statement of the reasons why such person
believes that the granting of such permit was improper with
the secretary or clerk of such Board or with the Building
Commissioner. This appeal must be filed within 30 days after
this notice was given as provided in section 26.24(L) of
the Ithaca Municipal Code.
Section 2. The Mayor of the City of Ithaca shall notify
the New York State Fire Prevention and Building Code Council
within thirty days of the effective date of this ordinance
of its enactment pursuant to New York Executive Law Section
379.
Section 3. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided for in Section 3.11(B) of the Ithaca City Charter.
Carried Unanimously
J
-19- July 8, 1987 293
An Ordinance Amending Section 26.37 of the Ithaca Municipal
Code (Appeal Procedure)
By Alderperson Schlather: Seconded by Alderperson Peterson
ORDINANCE-' NO. 87 -
AN ORDINANCE AMENDING CI-fAPTER 26 ENTITLED 'BUILDING CODE
ENFORCEMENT' 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 26.37 subdivision B of the Ithaca
Co.' Municipal Code entitled 'Building Code Board of Appeals'
is hereby amended to read as follows:
B. Any person ordered to repair, remove or vacate a
building and who is in disagreement with the judgment of
the Building Commissioner, may appeal to the Building Code
Board of Appeals, provided that a written statement setting
forth the reasons for such appeal be filed with the secretary
of the Board within 30 days from the service of the order
upon such person. The Building Commissioner shall notify
such person of this right to appeal and of this 30 day time
LD Limitation. Upon receipt of such appeal the Board shall
= hold a hearing within thirty (30) days and after review of
all evidence shall affirm, modify or annul the action of
m the Building Commissioner.
Q
Section 2. The Mayor of the City of Ithaca shall notify
the New York State Fire Prevention and Building Code Council,
within thirty days of the effective date of this ordinance
of its enactment pursuant to New York Executive Law Section
379.
Section 3. This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
(awool provided in Section 3.11 (B) of the Ithaca City Charter.
Carried Unanimously
An Ordinance Amending Section 26.24 of the Ithaca Municipal
Code (Amending Subdivision K entitled 'Building Permits')
By Alderperson Schlather: Seconded by Alderperson Dennis
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED 'BUILDING CODE
ENFORCEMENT' 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 subdivision K of the Ithaca
Municipal Code entitled 'Building Permits' is hereby amended
to read as follows:
All building permits shall remain in effect for a period
of two years. Permits shall be renewable upon application
to the Building Commissioner and upon payment of the renewal
fee. At least 4S days before the expiration of a building
permit granted under this Chapter, the Building Commissioner
shall send a Notice of Expiration by ordinary mail to the
person holding such permit.
If, after a permit has been issued, operations authorized
thereunder have not commenced within six (6) months, or if
authorized work has been started but discontinued for a period
of twelve (12) months, such permit shall become void and
the building or structure may be declared abandoned. At
least 30 days prior to completion of the six month period
described above, the Building Commissioner shall send a notice
294
-20- July 8, 1987
by ordinary mail to the person holding such permit indicating
that the six month period is about to expire.
Section 2. The Mayor of the City of Ithaca shall notify
the New York State Fire Prevention and Building Code Council,
within thirty days of the effective date of this ordinance
of its enactment pursuant to New York Executive Law Section
379.
Section 3. This ordinance
and in accordance with law upon
provided in Section 3.11 (B) of
shall take effect immediately
publication of a notice as
the Ithaca City Charter.
Carried Unanimously
An Ordinance Amending Section 26
Code (adding a new Subdivision M
13y Alderperson Schlather: Secon
24 of the Ithaca Municipal
entitled 'Inspections')
ed by 1lderperson Bootle
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 26 ENTITLED 'BUILDING CODE
ENFORCEMENT' 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 subdivision M of the Ithaca
Municipal Code entitled 'Inspections' is hereby added and
shall read as follows:
M. Inspections. All persons
under this chapter shall make the
inpection upon reasonable notice
during ordinary business hours.
who hold a building permit
premises available for
from the Building Department
As a condition of the granting of any building permit
Herein, the Building Commissioner, may, in his discretion,
provide for a schedule of mandatory inspections of any project,
at such times during the course of construction as will permit
the observation of the foundation, structural elements, electricai
systems, plumbing systems, heating, ventilation and air
conditioning systems, fire protection and detections systems,
and exit features.
Failure to make the premises available for the inspections
set forth above shall constitute good and sufficient grounds
for the revocation of any building permit granted under this
chapter.
Section 2. "The Mayor of the City of Ithaca shall notify
the New York State Fire Prevention and Building Code Council.,
within thirty days of the effective date of this ordinance
of its enactment pursuant to New York Executive Law Section
379.
Section 3. This ordinance
and -in accordance with law upon
provided in Section 3.11 (33) of
An
Co
By
Ordinance_ Amendin
e (Title Change)
ather: Seconded by Alderperson Booth
shall take effect immediately
publication of a notice as
the Ithaca City Charter.
Carried Unanimously
Chapter 26 of the Ithaca Municipal
erperson �)c
ORDINANCE NO. 87 -
AN ORDINANCE. AMENDING CHAPTER 26 ENTITLED 'BUILDING CODE.
ENFORCEMENT' 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:
Wn
-21- July 8, 1987 295
Section 1. That Chapter 26 of the Ithaca Municipal Code
entitled 'Building Code Enforcement' is hereby amended to
read as follows:
1. That Section 26.2 entitled 'Purpose' is hereby amended
to read as follows:
"The purpose of this Chapter is to provide for enforce-
ment procedures in the City of Ithaca of the New York
State Uniform Fire Prevention and Building Code which
was heretofore made applicable in the City of Ithaca
by New York State Executive Law Section 381(2), and
regulations and standards made applicable in the City
of Ithaca by the Common Council pertaining to the licensing,
examining, inspecting and enforcement thereof of plumbers,
electricians, heating and ventilating installers and
their work."
2. That Section 26.3 entitled 'Compliance with Chapter'
is hereby amended to read as follows:
Ti "No person shall construct, alter, repair, move, remove,
demolish, equip, occupy, use or maintain any building,
LO structure or portion thereof in violation of any provisions
of this Chapter, the New York State Uniform Fire Prevention
M and Building Code, this Municipal Code, laws, ordinances,
rules and regulations of any agency having jurisdiction
Q over the subject matter nor fail to comply with lawful
orders of the Building Commissioner of the City, nor
shall any person engage in any trade or occupation required
to be licensed pursuant to the provisions of this Chapter
without first obtaining the proper license provided for
hereunder."
3. That Subdivision E of Section 26.21 entitled 'Enforcement'
is hereby amended to read as follows:
"E. The Building Commissioner shall be responsible for
the enforcement of the New York State Uniform Fire Prevention
and Building Code, hereafter referred to as the 'The
Building Code' and shall have power to stop work not
conforming to the Building Code or being done in a generally
careless or hazardous manner."
4. That Subdivision I of Section 26.24 entitled 'Certificate
of Compliance' is hereby amended to read as follows:
"I. Every public building, semi- public building, apartment
or other building or structure intended for public assemblage
shall be inspected and posted before occupancy. The
owner and /or builder shall notify the Building Commissioner
when the property is ready for final inspection and,
upon determination that the Building Code has been complied
with in all respects, the Commissioner shall issue a
certificate of compliance to the owner. A temporary
certificate may be issued, permitting occupancy, providing
such occupancy will not endanger the occupants or the
public. Such temporary permission shall not relieve
the owner from completing the work promptly and in accordance
with the Building Code.
In cases where buildings are remodeled to multiple residences,
no certificate of occupancy shall be issued until said
building is adjudged to comply with the New York State
Uniform Fire Prevention and Building Code.'.'
S. That Subdivision C of Section 26.41 entitled 'Construction
and Scope' is hereby amended to read as follows:
296
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"C. This article applies to the administration and
enforcement. of Article 4 of the General City Law, the
New York State Uniform Fire Prevention and Building Code
(hereafter referred to as 'The Building Code') applicable
to plumbing and all local provisions as set forth herein.
The local provisions set forth herein in certain part
derive from and are otherwise intended to supplement
Article 4 of the General City Law and The Building Code
applicable to plumbing. To the extent any local provision
is irreconcilably inconsistent in whole or in part with
any provision of Article 4 of the General City Law, or
any part of The Building Code applicable to plumbing,
then the same is void and unenforceable."
6. That Subdivision E of Section 26.41 entitled 'Interpre-
tation' is hereby amended to read as follows:
"E. The provisions herein shall be interpreted in accordance
with generally accepted plumbing principles. Article
4 of the General City Law and The Building Code applicable
to plumbing. Any rema=ining questions or clarifications
shall be left to the discretion of the Plumbing Inspector
and Examining Board of Plumbers, subject to rights of
appeal as set forth herein."
7. That Subdivision A of Section 26.42 entitled 'Definitions'
is hereby amended to read as follows:
"A. Master Plumber: A master plumber is one who is
qualified and duly licensed to engage in the trade, business,
or calling of plumbing and gas fitting, and /or the business
of contracting for the installation of such work, as
defined in and according to this Code, Article 4 of the
General City Law and The Building Code applicable to
plumbing, and who holds a certificate of competency issued
by the Examining Board of Plumbers and is registered
and licensed within the current calendar year."
8. That Sect=ion 26.58 entitled 'Approved Wiring StaAdards'
is hereby amended to read as follows:
"All new installations of electric wiring or apparatus,
repairs, alterations or additions to existing wiring
or apparatus in all buildings and structures, shall be
in strict conformity with performance specifications
set forth in the New York State Uniform Fire Prevention
and Building Code (hereafter referred to as 'The Building
Code').
9. That Section 26.62 entitled 'Liability' is hereby
amended to read as follows:
"A. No property owner shall be relieved of the responsi-
bility or liability for compliance or noncompliance with
The Building Code by reason of any agreement whereby
a lessee assumes responsibility of the maintenance of
the property. The owner of record alone shall be responsible
for compliance with The Building Code.
B. Compliance with The Building Code shall not be construed
to relieve from or lessen the responsibility or liability
of any party owning, operating, controlling or installing
any electric wiring, devices, apparatus and /or materials
for damages to persons or property caused by defect
in such installations; nor shall the City be held as
assuming any such liability by reason of any inspection
herein authorized, or certificate of approval issued
as herein provided."
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10. That Section 26.68 entitled 'Approved Standards'
is hereby amended to read as follows:
"All new installations of heating and /or ventilating
apparatus, repairs, alterations or additions thereto
must be made in strict compliance with the regulations
set forth in The Building Code."
Section 2. The Mayor of the City of Ithaca shall notify
the New York State Fire Prevention and Building Code Council,
within thirty days of the effective date of this ordinance
of its enactment pursuant to the New York Executive Law Section
379.
Section 3. This ordinance
and in accordance with law upon
provided in Section 3.11 (B) of
shall take effect immediately
publication of a notice as
the Ithaca City Charter.
Carried Unanimously
An Ordinance Amending Section 27.5 of the Ithaca Municipal
Code (Title Change)
By Alderperson Schlather: Seconded by Alderperson Romanowski
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 27 ENTITLED 'HOUSING CODE'
OF TH1", CITY OF ITHACA MUNICIPAL CODE.
BE 11' ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
Section 1. That Section 27.5 of the Ithaca Municipal
Code entitled "Reference to New York State Building Construction
Code and Other laws' is hereby amended to read as follows:
"Reference to New York State Uniform Fire Prevention
and Building Code and other laws
"Installations, alterations and repairs to residential
premises, and materials, assemblies and equipment utilized
in connection therewith, shall be reasonably safe to
persons and property, and in conformity with applicable
statutes of the State of New York, and orders, rules
and regulations issued by authority thereof. Conformity
of such work, materials, assemblies or equipment with
the applicable requirements of the New York State Uniform
Fire Prevention and Building Code shall be prima facie
evidence that the same is reasonably safe to person
and property."
Section 2. The Mayor of the City of Ithaca shall notify
the New York State Fire Prevention and Building Code Council,
within thirty days of the effective date of this ordinance
of its enactment pursuant to the New York Executive Law Section
379.
Section 3. This ordinance
and in accordance with law upon
provided in Section 3.11 (B) of
shall take effect immediately
publication of a notice as
the Ithaca City Charter.
Carried Unanimously
Reorganization of Offices of Civil Service and Personnel
ByAlderperson Schlather: Seconded by Alderperson Dennis
W1IERI:AS, the duly constituted Charter Revision Commission
by recommendation dated December 1983 encouraged the consolidation
of the Offices of Civil Service and Personnel in the administration
of the Ithaca city government, and
297
t
298
-24- July 8, 1987
WHEREAS, after extensive discussion, research and public
comment including input from the Ithaca City Civil Service
Commission and review of practices in other municipalities
it appears that in the interest of economy, efficiency and
accountability it is desirable to incorporate the existing
Office of Civil Service into a reorganized Personnel Department
within the city, and
WHEREAS, it is the intent of this Common Council to preserve
the autonomy of the Civil Service Commission and ensure that
it receives the same level of secretarial service and guidance
as presently, and
WHEREAS, the Personnel Administrator by report dated March
13, 1987 has recommended various options including the
following, now, therefore be it
RESOLVED, That this Common Council does herewith reorganize
the Civil Service Office and the Office of Personnel within
the City of Ithaca as follows;
(1) The Ithaca City Civil. Service Commission shall continue
in existence as an autonomous lay commission, as
presently without change;
(2) the position of Executive Secretary to the Civil
Service Commission is abolished effective October
1, 1987;
(3) the functions and present responsibilities of the
Office of Civil Service shall be assumed by the
Personnel Department and consolidated into that
department;
(4) the position of Personnel Associate shall be created
in the Department of Personnel; the job specifications
and salary line for this position shall be established
upon recommendation of the Budget and Administration
Committee;
(S) the newly organized Office of Personnel will be
responsible for all clerical and secretarial functions
and responsibilities necessary in servicing the City
of Ithaca Civil Service Commission.
Discussion followed on the floor.
Alderperson Dennis gave background information on reasons
for consolidating the Offices of Civil Service and Personnel.
Alderperson Schlather reviewed the public hearing that was
held in May. He explained that what was being proposed was
not the abolition of the Civil Service Commission itself.
The Commission will continue as an autonomous body. They
are simply talking about the reorganization of the functions
of the office of Executive Secretary so that it would be
consolidated or combined with the Office of Personnel for
reasons of coordination, accountability and efficiency. These
were the recommendations of the Charter Revision Commission
in December of 1983.
Alderperson Lytel moved to table the resolution then withdrew
the motion so that discussion could continue.
Alderperson Hoffman stated that he was concerned that the
current members of the Civil Service Commission, the Chair
of the Affirmative Action Advisory Committee and several
employees have raised issues regarding consolidation
of these offices. He would prefer to try and clear up any
misconceptions before the resolution is passed.
-25- July 8, 1987 299
Alderperson Romanowski stated that he preferred to give it and
more month before the issue is put to a vote.
Resolution to Table
By Alderperson Romanowski: Seconded by Alderperson Cummings
RESOLVED, That the matter of the reorganization of the Civil
Service and Personnel Offices be tabled.
A vote on the tabling resolution resulted as follows:
Ayes (8) - Booth, Lytel, Romanowski, Haine, Cummings
(awov Hoffman, Peterson, Schlather
Nay (1) - Dennis
Carried
Introduction of Local Law No. of 1987 adding Section
4.20 to the City Charter entitled 'Centennial Fund' - Lay
on Table
Alderperson Schlather laid the following Local Law on the
table.
LOCAL-LAW NO. OF 1987
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
On SECTION 1. ADDING SECTION 4.20 TO THE CHARTER OF THE
CITY OF ITHACA.
M A new Section to be known and designated as Section 4.20
Q entitled 'Centennial Fund' is hereby made a part of the City
of Ithaca Municipal Code to read as follows:
SECTION 4.20 CENTENNIAL FUND
There is hereby established a fund for the commemoration
of the Centennial Celebration of the City of Ithaca which
is authorized to raise by general taxation a sum not exceeding
'(Now/ ten thousand dollars for the year 1987 and 1988, respectively.
SECTION 2. EFFECTIVE DATE.
This Local Law shall take effect 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 L,aw.
Charter and Ordinance Committee Agenda
Alderperson Schlather stated that there is a critical item
on the C&O agenda for July 20th. It is an ordinance estab-
lishing guidelines for Cable Television Franchises in the
City of Ithaca and hopefully there will be a resolution for
the August Sth Common Council meeting. Director of Planning
and Development Van Cort has sent a copy of the ordinance
to Council members and he asked Council to please read it
and comment before the meeting on the 20th.
INTERGOVERNMENTAL RELATIONS COMMITTEE:
Youth Services
Mayor lutenberger stated that the City is in the process
of developing information on the provision of youth services
and the cost to the city. We have sent the breakdown of
those costs to the Town of Ithaca and the Village of Lansing.
Further discussion will continue at a later date.
NEW BUSINESS:
Bader Than Leroy Brown
By Alderperson Peterson: Seconded by Alderperson Cummings
WHEREAS, Pit Bull dogs and other types of dogs bred and trained
for similar lethal utility, appear increasingly unleased
upon American communities, and
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300 -26- July 8, 1987
WHEREAS, the appearance of these creatures could arise in
this community at great risk to the people, and
WHEREAS, if these Pit Bull type animals are resident in this
community, they should be enumerated and dealt with "with
extreme prejudice "; now, therefore, be it
RESOLVED, That this concern be referred to the Human Services
Committee of the Common Council to produce a most expeditious
but thorough lnfoi'illatlOnal rCpor'L w' th recollllllel (- ]_( 1 fo -
decisive action if deemed appropriate, and be it further
RESOLVED, That knowledgeable authorities such as SPCA, State
Wildlife officials, Cornell University Vet officials as well
as private veternarians, kennel operators, dog trainers
and others be invited to help formulate a city position.
Additionally the City Attorney should apprise us of the need
to amend local law to deal with this threat particularly
with the onset of the new academic year.
Resolution to Refer to Committee
By Alderperson Peterson: Seconded by Alderperson Cummings
RESOLVED, That the matter of Pit Bull dogs be referred to
the human Services Committee for review and report back to
Common Council.
Carried Unanimously
Environmental Quality Review
By Alderperson Booth: Seconded by ALderperson Schlather
WHEREAS, the City of Ithaca has acted in many ways to protect
its natural and built environments, including its adoption
and implementation of Chapter 36 - Environmental Quality
Review -of the Ithaca Municipal Code, and
WHEREAS, the environmental review provisions of said Chapter
36 have not been applied to decisions involving the issuance
of building permits because those decisions have been treated
as ministerial actions, and
WHEREAS, any new construction and development activities
occurring in or next to critical environmental areas may
have significant, adverse effects on those areas and on
the surrounding environment, and
WHEREAS, city officials should carefully review and consider
those potential impacts as provided in said Chapter 36, and
WHEREAS, Ithaca's gorges are among its most fragile and important
environmental resources; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca adopts
the following amendment to Chapter 36 of the Ithaca Municipal
Code.
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 30 - ENVIRONMENTAL QUALITY
REVIEW -OF THE CITY 01, ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
Section I. Amending Section 36.2 of Chapter 36 of the
City of Ithaca Municipal Code.
That paragraph 1S, Subdivision A, Section 36.2 be amended
as follows:
-27- July 8, 1987 301
1S. Ministerial action: an action performed upon a given
statement of facts in a prescribed manner imposed by
law without the exercise of any judgment or discretion
as to the propriety of the action, such as the grant
of a driver's license, although such law may require,
in some degree, a construction of its language or intent.
Provided that, "ministerial action" shall not include
the issuance of any building permit, or any other permit
or approval that allows any land alteration, new construction,
or significant expansion of any existing structure or
facility for any project occurring wholly or partially
within or contiguous to any critical area listed in
Subparagraph 1, Paragraph I, Subdivision B of Section
36.5 of this Chapter. (new language underlined.)
Section 2: Amending Section 36.5 of said Chapter
That Part iii, Subparagraph 1, paragraph 1, Subdivision
B of Section 36.5 be amended as follows:
(iii) Fall Creek (including its associated gorge between
�. the outlet of Beebe Lake and Lake Street), Six Mile
Iq Creek (includin its associated gorge between the
southern boundary of the city and Aurora Street ,
Cascadilla Creek (including its associated or e
(n between Campus Road and Linn Street , Silver Creek,
Q and the Cayuga Inlet, along their entire courses
within City boundaries. (new language underlined)
Section 3. Effective Date.
"This ordinance shall take effect immediately and in accorda,,ce
with law upon publication of a notice as provided in Section
3.11(13) of the Ithaca City Charter.
Discussion followed on the floor.
Resolution to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Dennis
RESOLVED, That the Environmental Quality Review be referred
to the Charter and Ordinance Committee and the Planning and
Development Committee for review.
Carried Unanimously
Search Committee for Police Chief
Mayor Giitenberger stated that Common Council must appoint
three of their members to serve on the interviewing committee
for the position of Police Chief.
Resolution
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That Alderpersons Dennis, Peterson and Romanowski
will serve on the Search Committee for Police Chief.
Carried Unanimously
Executive Session
Common Council adjourned into Executive Session at 11:20
p.m. and reconvened in Regular Session at 11:50 p.m.
Deputy City Clerk Appointment
Mayor Gutenberger requested approval of the appointment of
Betty F.Poole, 420 Hayts Road, Ithaca, NY, to the position
of Deputy City Clerk, at an annual salary of $18,229, that
being Step 5 on the City of Ithaca CSIA - Administrative
Unit Compensation Plan, effective date to be arranged between
the employee and the Clerk's Office.
302
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July 8, 1987
Resolution
By Alderperson Booth: Seconded by Alderperson Schlather
RESOLVED, That this Common Council approves the appointment
of Betty F. Poole to the position of Deputy City Clerk, at
an annual salary of $18,229, that being Step 5 of the City
of Ithaca CSEA - Administrative Unit Compensatiuii Plan, effective
date to be arranged between the employee and the Clerk's
Office.
Ayes (8) - Booth, Schlather, Dennis, Hoffman, Peterson
Lytel, Haine, Romanowski
Nay (1) - Cummings
Carried
Acting Police Chief
Mayor Gutenberger requested approval of the appointment of
Walter Pagliaro as Acting Police Chief_, and that during the
time as Acting Police Chief he will receive a ten percent
salary increase on top of his base salary.
Resolution
By Alderperson Romanowski: Seconded by Alderperson Booth
RESOLVED, That this Common Council approves the appointment
of Walter Pagliaro as Acting Police Chief with a ten percent
increase in salary on top of his base salary during the time
that he is Acting Police Chief.
Discussion followed on the floor.
Alderperson Schlather stated that he would support an 8%
increase rather than 10 %.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Dennis, Lytel, Romanowski, Hoffman
Maine, Peterson
Nays (2) - Schlather, Cummings
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 11:55 p.m.
Callista F. Paolang -el i
City Clerk
�Y
ohn C. Gut
enberger
Mayor �.
0