HomeMy WebLinkAboutMN-CC-1987-09-02325
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:30 P.M. September 2, 1987
PRESENT:
Mayor Gutenberger
Alderpersons (10) - Booth, Cummings, Dennis (arrived at 8:10 p.m.)
Haine, Hoffman, Killeen, Lytel, Peterson,
Romanowski, Schlather
OTHERS PRESENT:
City Attorney - Nash
City Controller- Spano
Deputy City Controller - Cafferillo
City Clerk - Paolangeli
Supt. of Public Works - Dougherty
Director, Planning & Development - Van Cort
Fire Chief - Olmstead
Personnel Administrator - Baker
B.P.W. Commissioners - Reeves, Nichols
Building Commissioner - Hoard
2nd Ward Candidate - Dickerson
,q Recycling Coordinator - Leopold
Lo Preservation /Neighborhood Planner - Chatterton
PLEDGE OF ALLEGIANCE:
m Mayor Gutenberger led all present in the Pledge of Allegiance
Q to the American flag.
MINUTES:
Approval of Minutes of August 5, 1987 Meeting
By Alderperson Booth: Seconded by Alderperson Killeen
ASOLVED, That the Minutes of the August 5, 1987 Common Council
Meeting be approved as published.
Carried Unanimously
ADDITIONS TO THE AGENDA:
Charter and Ordinance Committee
Alderperson Booth requested an amendment to Items C and D
- An Ordinance Amending Title IV of the City of Ithaca Municipal
Code by adding a New Chapter 60. He requested that the Chapter
number be changed to 69.
No Council member objected.
Alderperson Schlather stated that the attachment to Item
B with reference to the Resolution "Determination of Non - Significance"
was, in fact, not attached to the Agenda and that City Clerk
Paolangeli had placed the Resolution on the desks of all the
Alderpersons, Mayor and City Attorney.
Human Services Committee
Alderperson Peterson requested
the progress made in the search
No Council member objected.
the addition of a report on
for a Police Chief.
New Business
Alderperson Schlather requested the addition of a resolution
directing Rice Associates to file an exemption petition with
the Federal Communications Commission allowing the City of
Ithaca to regulate basic cable service rates within the City
of Ithaca.
No Council member objected.
Budget and Administration Committee
Alderperson Hoffman requested the addition of a report on
the Public Hearing with reference to the proposed Bikeway
No Council member objected.
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September 2, 1987
Report of Special Committees and Council Liaisons
Alderperson Killeen requested the addition of a brief report
from the New Fire Stations Committee.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Presentation of Bric from Ithaca, Michigan
Mayor Guten erger introduced to Council members Steve and
Frances Vaneck, two young people who have bicycled across
the country. The Vanecks presented a brick to Mayor Gutenberger
which was a gift from the Mayor of Ithaca, Michigan. The ,
brick had originally been a part of the Michigan Mayor's
furniture store, which store was destroyed by fire. A brief
description was given of the route taken by the Vanecks in
their trip across the country.
Citizens to Save Stewart Park
Doria Higgins, 2 Hillcrest Drive, asked Common Council to
vote approval of the Landmarks Preservation Commission's
proposal to designate Stewart Park, both buildings and grounds
as a unit, as a landmark and urged that the existing_layout
of grounds and roadways become the accepted model for such
preservation. She also requested the formation of a Parks
Commission with criteria for membership carefully spelled
out and adhered to so that it does not become a committee
rubber stamping City Hall decisions.
ACC Statement
Michael Whitiam, General Manager of American Community Cable -
vision, presented the following statement to Common Council:
"For the record, my name is Michael Whitiam and I am the
General Manager of American Community Cablevision. I'd like
to take a few minutes tonight to respond to Common Council's
August Sth vote to pass a cable television ordinance and
also to deny our franchise renewal proposal. My purpose
is to let Council know exactly what we are thinking following
your actions of August Sth, and to offer some insight into
the directions the franchise renewal process may take during
the coming weeks. During the course of my short presentation
I want to quickly review the issues that have led to our
impasse, restate our primary concerns relating to those issues,
and explain to council the options that we see for proceeding
toward a final resolution of the franchise renewal process.
Before I begin I want to state again that we will continue
to work toward a negotiated franchise renewal. We will,
however, at the same time take whatever steps we feel are
necessary to protect our legal position during the course
of this process. Toward that end, we will deliver to the
City Planning Office tomorrow a letter formally requesting
that the City of Ithaca schedule an administrative hearing
to review the facts relating to your decision to reject our
proposal. The letter will also include a request to schedule
a negotiation session.
There are two
primary issues that currently divide the
City and ACC; The
ordinance and the
City's decision to pass a
City's request for nearly
cable television
one - quarter of
a million dollars
in additional capital for
the support and
development of public
access television and
two -way data
communications.
This $240,000 is only an initial capital outlay for this
equipment and does not reflect additional capital costs we
would incur over the life of a franchise. It also does not
reflect the additional costs necessary to provide the services
the City feels this equipment would support, costs which
will eventually be passed on to customers.
327
-3- September 2, 1987
The ordinance passed last month contains a number of provisions
which are unacceptable to American Community Cablevision.
Some provisions violate our rights to operate as a business,
some violate provisions of the Federal Cable Act, and others
simply do not reflect the realities of operating an efficient
cable television company. While the City certainly has a
right to pass any local ordinance it deems appropriate, this
ordinance, coupled with the City's stated intent to have
the ordinance fully incorporated into any franchise agreement,
presents a significant roadblock to the final resolution
of the renewal process. We will not sign a franchise agreement
.that incorporates the ordinance as currently written.
Further, throughout our meetings with the City's negotiating
committee it was made very clear to us that our comments
relating to the ordinance were not part of the negotiation
process. The City's negotiating committee stated repeatedly
that we were merely providing input into the ordinance and
that the City would, at its discretion, pass the ordinance
in the form it felt most comfortable with.
This is troublesome to us given the fact that the vast
majority of our time in the negotiation sessions was spent
=reviewing language in the ordinance. The issues addressed
m by the City's ordinance are part of the negotiations process
under the Federal Cable Act. The Cable Act set ground rules
Q for both cities and cable operators to work toward negotiated
franchise agreements. The City's decision to pass an ordinance
indicates an unwillingnessto reach a negotiated agreement
and appears to be an attempt to dictate the terms of the
renewal. This action clearly violates the spirit of the
Cable Act, and it may possibly violate the letter of the
Cable Act.
When we resume discussions with the City of Ithaca, among
our first requests will be a series of revisions to the City's
cable television ordinance that would make that ordinance
acceptable to us should it be incorporated into a franchise
agreement.
Our concern with the City's request for additional capital
and the associated operating support for public access and
• two -way communication system is simple: we have prepared
• proposal that balances the City's twin desires for expanded
service with its desire for the lowest possible cable prices.
The nearly one - quarter of a million dollars initial investment
for this equipment that the City has requested, plus the
additional expenses that we would incur over the life of
the franchise, can do nothing but drive cable prices up.
The City has made very strong statements about the importance
of public access television and two -way communications to
this community, yet the City has refused throughout our dis-
cussions to invest any of its own resources into the development
of these two areas. We find this particularly troublesome
given the fact that franchise fee payments under a new franchise
will approach $100,000 in 1989 and will approach $150,000
per year by the end of the franchise term. The City seems
to view ACC as a source of continued underwriting for services
and capabilities which are within the City government's interest
to provide if they are truly needed by the community.
Given the City's concern for keeping cable prices as low
as possible, I can only suggest and hope that the City reconsider
its position and discuss funding some of these additional
services through its own resources, if the City views them
as important community needs.
328 -4- September 2, 1987
I'd like to take just a moment and explain to you the
options that we see for resolving our impasse.
First, as I've said, we are willing to work toward a negotiated
agreement assuming that the City is prepared to modify its
cable television ordinance.
Second, we are requesting that the administrative hearing
provided for in the Cable Act be scheduled.
Third, we are withdrawing our offer to drop the portion
of the lawsuit between the City and ACC relating to the payment
of refranchising costs. We will move promptly to initiate
the legal steps that will bring this issue to trial. This
offer was extended in an effort to bring about a prompt and
successful conclusion to our negotiations, and such an offer
has clearly not been appropriately received.
Fourth, we are seriously considering exercising the automatic
renewal clause in our current franchise. This clause allows
us to extend the expiration date of our franchise until May
1991.
Let me explain why we might exercise this option. Our
proposal calls for a total rebuild of our system within the
City by February 1, 1989. In order to meet that deadline,
we must start pre- construction work, including engineering
design and utility pole clearances, no later than early November
of this year. If we have not reached an agreement by that
time, we will have to reconsider our construction timetable
and may elect to begin rebuilding our county -wide system
in areas outside the City of Ithaca.
We could elect to exercise our renewal option in two ways.
First, we could exercise the option, withdraw our current
proposal, and simply wait until May of 1988 to start the
federally - mandated renewal process from scratch. Second,
we could exercise the option and continue to negotiate with 1J
the City, building a revised construction timetable into
our renewal agreement.
Finally, we have legal options which our attorneys are
currently researching which we may elect to persue.
It is most unfortunate that the City and ACC have reached
an impasse and that it is necessary to take such strong steps
to resolve a dispute. The real loser in this battle is the
cable customer in the City. The customer will not receive
expanded cable service until the dispute is resolved. Even
more important, the customer will pay for the costs of this
battle through both the tax dollar and their cable bill.
Reasonable expectations for cable service from the City could
bring this dispute to a quick resolution."
Mobile Hog Dog Vending
Louis Cassaniti, Interlaken, New York, asked Common Council
to give him approval to add other foods, besides the hot
dogs he now sells, to his cart for the remainder of this
season, which ends September 30, and an option covering the
month of October. He stated that many of his customers have
requested that he seek such approval. The addition of other
foods would require the use of a gas grill.
Resolution
By Alderperson Dennis: Seconded by Alderperson Booth
RESOLVED, That the request of Louis Cassaniti to add additional
foods to his mobile cart, which is presently located on the
Commons, be referred to the Commons Advisory Board for review
and report back to the Council.
Carried Unanimously
329
-S- September 2, 1987
Farmers Market
Joseph 0. Ciaschi, owner of Station Restaurant and Valley
House; Peter DeGraff, owner of Ithaca Boating Center, 43S
Taughannock Boulevard; Joe Barnes, owner of Captains Joe's
Reef, 41S Taughannock Boulevard; Mark Zaharis of "Pete's ",
714 West Buffalo Street; and Peter Zaharis of 206 Taughannock
Boulevard, all addressed Council on why the Farmers Market
should not be allowed to continue at its present Taughannock
Boulevard site. They stated they are heavy tax payers, try
to keep their respective properties in good condition, but
have no rights against the damage that is done by customers
of the Farmers Market. The West End merchants are all united
(4410W in the feeling that something should be done immediately
and that the Farmers Market license should not be renewed
at the West End location another year.
Mandatory Recycling Ordinance
Stanley Podufalski, 613 West Buffalo Street; Gary Jaynes,
61S West Buffalo Street and Neal Howard, a representative
of Carey Property Management, 427 N. Cayuga Street, spoke
to Council with reference to the problems they will be faced
with due to the mandatory recycling ordinance. They stated
that students will not bother to sort garbage and the older
LO people will have to make additional trips to get their garbage
= out in compliance with the ordinance. They felt more research
m should be done before the Recycling Ordinance goes into effect.
Q Special Assessment District for Collegetown
Jason Fane, real estate developer, and Kaaren Hoback, The
Travel Center, 119 Dryden Road, addressed Council concerning
the proposal for a Special Assessment District to cover part
of the costs of the new parking garage that has been built
in Collegetown. They questioned the right of the City to
form such a District and the logic and policies for doing
so inasmuch as the downtown area around the Green Street
ramp did not have such an assessment district. She stated
that the merchants intend to obtain counsel to determine
if they can have this action vacated.
Mandatory Recycling Ordinance
Maryann Kozak of the Recycling Task Force spoke, urging Council
to pass the Mandatory Recycling Ordinance. She stressed
the point that landfill sites are very hard to find and that
the present landfills should be helped to last as long as
possible.
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS
B.P.W. Commissioner Nichols spoke on the following subjects:
Recycling Ordinance
The Board of Public Works has endorsed the Recycling Ordinance
and the Department is prepared to begin the process of pickup
on October 1. He urged the passing of the ordinance at this
meeting so that proper information can be given out to the
public before the October 1 date. He also urged the passing
of the resolution whereby funds will be made available for
advertising. No extra fees for violation of the ordinance
will be imposed until June 1,1988, so that the public will
have a chance to become familiar with what is expected under
the ordinance.
Stewart Park
The Board ot Public Works endorses the designation of the
Stewart Park buildings as historic landmarks, but not the
grounds. It is expected that in the process of the work
of'the Trowbridge Planning and the Stewart Park Advisory
Group recommendations will be made for the formation of a
Parks Commission and a brief report was given as to the people
who will serve on such a Commission, as well as what the
duties will entail. Commissioner Nichols urged that any action
on the desi.gnatiob of' the grounds as historic landmarks be
deferred until the Board and Council can act on the appropriate
provisions for a Park Commission.
330
-6- September 2, 1987
Enforcement of Parking Regulations
Because of the parking problems in many of the neighborhoods,
the present time is an appropriate time to delegate more
power to the Department of Public Works for enforcing parking
regulations. It is more economical for the Department of
Public Works to do this type of enforcement and will give
the patrolmen more time to do the jobs they should be doing.
Farmers' Market
The Board of Public Works will be reviewing the license renewal
for the Farmers' Market in November and in view of the problems
that are created, especially traffic, in the area of the
Market, the problems will have to be dealt with before granting
a permit for another year.
There was a question and answer discussion concerning the
Collegetown Parking Garage and the Farmers' Market.
COMMUNICATIONS FROM THE MAYOR:
Route 96
Mayor Gutenberger reported that the last information that
he had from the State with reference to Route 96 contained
the information that the City would have the draft Environmental
Impact Statement by late Summer or early Fall. fie called
D.O.T. and understands that D.O.T. will finish its internal
review of the draft E.I.S. by the end of October of this
year. Mayor Gutenberger mentioned the steps that have to
be taken before the E.I.S. can be released. It is not likely
that anything will be seen on this project until January
or February of 1988.
MAYOR'S APPOINTMENTS
Conservation Advisory Council
Mayor Gutenberger requested approval of the appointment of
John Wertis, 111 West York Street, to the Conservation Advisory
Council, for a term to expire December 31, 1988.
Resolution
By Alderperson Dennis: Seconded by Alderperson Hoffman
RESOLVED, That this Council approves the appointment of John
Wertis to the Conservation Advisory Council, for a term to
expire December 31, 1988.
Carried Unanimously
CITY ATTORNEY'S REPORT:
Subsitun: Parkland Acquistion Process
City Attorney Nash stated that it looks like the City,.if
it wants to go forward on this project, will have to go through
the acquisition process for the substitute park lands. Such
process is going to take time because most of the property
owners do not agree to a purchase at this time; there are
still some disputes over land value.
Wilcox Press
City Attorney Nash reported that the noise expert had been
at Wilcox Press on August 6. He took a lot of readings and
tests (up until 9:00 p.m.), recorded the readings and tests
and took them with him to analyse. Attorney Nash stated
that he does not have a report back as yet and would prefer
to wait until he receives it before discussing the matter.
American Community Cablevision
Alderperson Schlather asked City Attorney Nash whether the
City had received a request for an administrative hearing
pursuant to the Cable Communications Act. Attorney Nash
had not received a written request but was of the opinion,
from Michael Whitiam's statement, that Withiam was to deliver
it the next day.
19,
19
331
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September 2, 1987
Alderperson Schlather stated that it was his recollection
that Georgia Griffiths, on behalf of ACC, wrote a letter
to the City a couple of years ago, at the beginning of this
refranchising process, wherein she made it very clear that
the ACC was electing not to exercise its option to renew.
Attorney Nash was asked to locate the letter and review it
with Thys Van Cort.
HUMAN SERVICES COMMITTEE:
Human Services Agencies Funding
Alderperson Peterson reported that at a meeting a couple
of weeks ago the Human Services Committee had looked at seventeen
funding requests from Human Service agencies. Each of the
agencies had respected Council's wishes in requesting about
the same amount of funding as last year. The Committee has
reviewed everything carefully and made its recommendations.
Alderperson Peterson said at this point the Committee is
waiting to see what the County Human Services Committee does
by way of ranking of the several agencies requesting funding.
The County has a different criteria for ranking than the
City does. Persons from Council asked questions regarding
�- funding and a future Human Services Funding Plan was briefly
LD discussed.
Police Chief Selection
(n Alderperson Peterson reported that the Special Committee
Q appointed to review and search for candidates for the position
of Police Chief has been meeting regularly. A very thorough
interview process has been set up and help from Council is
being requested to find people to help in the interviewing.
Full day interviews will be held and included in the interviewing
will be representatives from civic associations, neighborhood
groups, representatives from the P.B.A., etc., since the
position is a far reaching one and assistance is needed throughout
the community in analysing the candidates. Alderperson Peterson
reported on the schedule that has been set up for interviews,
starting Spetember 11th and continuing on Mondays, Wednesdays
and Fridays throughout the month of September.
Discussion followed amoung the Council people regarding how
people doing the interviewing will be picked. Council members
aro invited to attend the interviewing sessions.
BUDGET AND ADMINISTRATION COMMITTEE:
Alderperson's Salary - Local Law - Lift From Table
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the matter of Alderperson's salary - Local Law -
be lifted from the table.
Carried Unanimously
LOCAL LAW NO.
BE IT ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. Establishing the annual salary of the Alderpersons
of the City of Ithaca.
The annual salary of the Alderpersons of the
City of Ithaca is hereby established and set
at $6,000 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.
332
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September 2, 1987
The foregoing resolution was duly put to a vote on roll call
which resulted as follows:
Ayes (6) - Lytel, Haine, Romanowski, Killeen, Cummings,
Dennis
Nays (4) - Hoffman, Booth, Peterson, Schlather
Carried
Audit
By Alderperson Dennis: Seconded by Alderperson Killeen
RESOLVED, That the bills presented, as listed on Audit Abstract
#16/19871 in the total amount of $12,765.60, be approved
for payment.
Carried Unanimously
D.P.W. Authorized Equipment List
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the 1987 Authorized Equipmnet List of the
Department of Public Works be amended to include the purchase
of a multi - purpose saw, at a cost not to exceed $675.00,
as requested by the Board of Public Works, and be it further
RESOLVED, That an amount not to exceed $675.00 be transferred
within the accounts of the Department of Public Works, from
AS111 -215, Motor Vehicles, to A5111 -225, Other Equipment.
Carried Unanimously
Education Coordinator for Recycling
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the hours of Lynn Leopold, Education Coordinator
for Ithaca Recycles be increased from 12 to 20 hours per
week from September 1, 1987 to December 31, 1987, at a cost
not to exceed $896.00, and be it further
RESOLVED, That an amount not to excced $896.00 be transferred
within the accounts of the Department of Public Works, from
A8161 -115, Hourly Payroll, to A8161 -435, Contractual Services.
Carried Unanimously
Recycling Program - Publicity
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That an amount not to exceed $3,000 be authorized
to provide publicity regarding the Recycling Program, as
requested by the Board of Public Works, and be it further
RESOLVED, That an amount not to exceed $3,000 be transferred
within the accounts of the Department of Public Works, as
follows:
From: A8161 -115, Hourly Payroll $3,000
To A8161 -425, Office Expense 1,500
A8161 =450 Advertising 1,500
Carried Unanimously
Technical Assistance Grant
By Alderperson Dennis: Seconded by Alderperson Schlather
WHEREAS, grant funds are available through the New York State
Energy Office to assist localities in funding a Technical
Assistance Study for energy improvements to buildings; now,
therefore, be it
RESOLVED, That Mayor John C. Gutenberger be authorized and
directed to sign such application as may be required to secure
such grant funds, and be it further
RESOLVED, That an amount not to exceed $2,000 be provided
from Capital Reserve No. 24 - Energy Improvements to provide
for a study of the City Hall building.
Carried Unanimously
'j-
J
F,
Youth Bureau Authorized
By Alderperson Dennis:
RESOLVED, That the 1987
Youth Bureau be amended
lift for the Mechanical
exceed $4,800 provided
net Youth Bureau Budget
-9- September 2, 1987
Equipment List
Seconded by Alderperson Killeen
Authorized Equipment List of the
to include the purchase of a car
All Star Program, at a cost not to
that funds can be found within the
for 1987.
Carried Unanimously
Youth Services Contracts
By Alderperson Dennis: Seconded by Alderperson Schlather
RESOLVED, That the Mayor and Inter - governmental Committee
proceed immediately to meet with representatives of the Town
of Ithaca and the Village of Lansing to conclude negotiations
for Youth Services Contracts for the year 1988, and be it
further
RESOLVED, That the City Controller's Office, in cooperation
with the Youth Bureau and the City Attorney as necessary,
recommend a comprehensive fee schedule for the delivery of
youth services to non -City residents no later than November
d. 1, 1987.
LO Discussion followed on the floor.
the resulted as follows:
m A vote on te resolution Carried Unanimously
all
Collegetown Special Tax Benefit District
A report on the Collegetown Special Tax Benefit District
from Paul Mazzarella, Deputy Planning Director was received
by Mayor Gutenberger and all Council members explaining the
authority to develop the district, the proposed boundaries,
methods of apportioning costs, etc. Alderperson Peterson
asked what the next step would be. City Attorney Nash said
that the city will now come up with a definitive proposal
to take before the Board of Public Works for review, a public
hearing will be scheduled so that any property owners can
express their opinions, the Board will come up with an adjusted
schedule, if they make any adjustments, then send it on the
Common Council for approval before it can, in fact, become
a levy to appear on property owner's bills.
Some Alderpersons expressed concern regarding the Special
Tax Benefit District. Alderperson Schlather explained how
the cost is being arrived at and that it shold not cost a
property owner or tenant much more than about $70.00 per
year per 1,000 sq. ft. of space.
After much discussion it was the consensus of Council that
the Collegetown Special Tax Benefit matter should be put
on the Budget and Administration Agenda for the September
meeting before final recommendations are made.
Public Hearing on Bikeway
Alderperson Hoffman reported on the public hearing that was
conducted concerning the proposal to put a bikeway between
Floral Avenue and the Flood Control Channel. About a half
dozen people spoke at that meeting; some were represented
by counsel. It was suggested that another route on the other
side of the Flood Control Channel be used where supposedly
there would be no opposition. It is Alderperson Hoffman's
understanding that the State is the body in the position
to propose an alternate route or study an alternate route
and the State is apparently preparing the E.I.S. on the project
itself. The City's role is to decide whether we want to
proceed with the condemnation.
333
334
-10- September 2, 1987
City Attorney Nash explained that the City basically made
a deal with the State to acquire these lands in consideration
of other things. The feeling has always been that the State
is the lead agency. He said he had talked with Margo Clynes
the day after the hearing and asked her what the State's
response was to the alternate route. The State is reviewing
and giving consideration to the alternate route and, hopefully,
the City will have some word within the next ninety days.
Attorney Nash said the project will have to go back to Council
for approval of whatever the findings and determination is
before going ahead.
Alderperson Schlather requested that the matter be kept on
the Budget and Administration agenda for the September meeting
and possibly take action on it in October. In the meantime
the City will stay in contact with the State.
RECESS:
Common Council recessed at 9:55 p.m. and reconvened in regular
session at 10:20 p.m.
CHARTER AND ORDINANCE COMMITTEE:
Introduction of Amendment of Environmental Quality Review
Ordinance - Chapter 36 (Ministerial Act Provisions) and Provision
for Public Hearing and Public Notice
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That Ordinance NO. 87 - entitled "AN ORDINANCE
AMENDING CHAPTER 36 - ENVIRONMENTAL QUALITY REVIEW -OF THE
CITY 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
to be held in the Council Chambers, City Hall, at No. 108
East Green Street in the City of Ithaca, New York, on Wednesday
the 7th day of October, 1987 at 7:30 P.M., and be it further
RESOLVED, That the City Clerk give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public
hearing will be held, and in general terms describing the
proposed ordinance. Such notice shall be published once
at least fifteen days prior to the public hearing.
ORDINANCE NO. 87 -
AN ORDINANCE AMENDING CHAPTER 36 - ENVIRONMENTAL QUALITY
REVIEW -OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York, as follows:
Section 1. Amending Section 36.2 of Chapter 36 of the
City of Ithaca Municipal Code.
That Subdivision A, Section 36.2 be amended to read as
follows:
A. Unless the context shall otherwise require or unless
otherwise provided in this Section, the terms, phrases, words
and their derivatives used in this ordinance shall have the
same meaning as those defined in Section 8 - 0105 of the
Environmental Conservation Law and Part 617 of Title 6 of
the New York Code of Rules and Regulations (NYCRR).
Section 2. Amending Section 36.2 of Chapter 36 of the
City of Ithaca Municipal Code.
That paragraph 15, subdivision A, Section 36.2 be amended
to read as follows:
It
K_
335
-11- September 2, 1987
1S. Ministerial action: an action performed upon a given
statement of facts in a precribed 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 substantially contiguous to any critical area
awoe listed in Subparagraph I, Paragraph 1, Subdivision B
of Section 36.S of this Chapter.
Section 3. Amending Section 36.S of said Chapter
That Part iii, Subparagraph I, Paragraph 1, Subdivision
B of Section 36.S be amended to read as follows:
S i (iii) Fall Creek (including its associated gorge and rim
d. area between the outlet of Beebe Lake and Lake Street),
Six Mile Creek (including its associated gorge and
LD rim area between the southern boundary of the City
and Aurora Street), Cascadilla Creek (including its
m associated gorge and rim area between Campus Road
CZ and Linn Street), Silver Creek (also known as Cliff
Park Brook), and the Cayuga Inlet, along their courses
within City boundaries.
Section 4. 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
An Ordinance Amending Title IV of the City of Ithaca Municipal
Code by Adding a New Chapter y Entitled 'Collection of Refuse,
Including Recyclable Materials, and other Waste Materials"
(Recycling Ordinance) - Determination of Non - Significance
By Alderperson Schlather: Seconded by Alderperson Booth
WHEREAS, an ordinance amending Title IV of the City of Ithaca
Municipal Code by adding thereto a New Chapter 69 entitled
"Collection of Refuse, including Recyclable Materials, and
Other Waste Materials ", is currently under consideration
by this Common Council, and
WHEREAS, appropriate environmental review has been conducted,
including the preparation of a Short Environmental Assessment
Form (SERF) and a Long Environmental Assessment Form (LEAF),
filed in the City Clerk's Office, and
WHEREAS, mandatory recycling is one way to conserve natural
resources and reduce future landfill expenses and will have
a generally beneficial impact on the environment; now, therefore,
be it
RESOLVED, That this Common Council, as lead agency in this
matter, be and it hereby does adopt at its own the findings
and conclusions more fully set forth in the attached SEAF
and LEAF, and be it further
RESOLVED, That this Common Council, as lead agency, be and
it hereby does determine that the proposed action at issue
will not have a significant negative effect on the environment,
and that further environmental review is unnecessary under
the circumstances, and be it further
33E►
-12- September 2, 1987
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 the Planning Department and any other
parties required by law.
Carried Unanimously
An Ordinance Amending Title IV of the City of Ithaca Municipal
Code by Adding a new Chapter b9 Entitled "Collection of Refuse,
including Recyclable Materials and Other Waste Materials"
Recycling Ordinance)
By Alderperson Schl.ather: Seconded by Alderperson Booth
WHEREAS, our natural resources, including those necessary
for the production of glass, paper, cardboard and aluminum,
are finite and should be conserved for future generations,
and
WHEREAS, a program of voluntary recycling of glass, paper,
cardboard and aluminum has been in place in the City of Ithaca
for over two years, and
WHEREAS, Tompkins County is in the process of siting and
building a new county landfill at great expense to the community,
and
WHEREAS, mandatory recycling is one way to conserve natural
resources and reduce future landfill expenses, and
WHEREAS, a strong public education program, together with
a system of positive incentives to recycle, should encourage
broad public participation in a recycling program, and
WHEREAS, the Recycling Task Force, the Board of Public Works
and the Charter and Ordinance Committee all recommend enactment
of a mandatory recycling program; now, therefore, be it Ij
RESOLVED, That the Common Council does herewith enact the
so- called "RECYCLING ORDINANCE" in the form and substance
attached hereto and does herewith amend its Municipal Code
accordingly, and be it further
RESOLVED, That the Recycling Coordinator be and she hereby
is directed to implement a strong, comprehensive public education
program simultaneously with the effective date of the "Recycling
Ordinance ", and, continuing thereafter, within the constraints
of her budget, and be it finally
RESOLVED, That the Recycling Coordinator in cooperation with
the Board of Public Works, the Recycling Task Force and the
City Attorney, recommend a positive incentives program for
review by the Budget and Administration Committee of this
Council no later than at its September committee meeting,
with report and recommendations for possible funding thereafter
to this Council at its October 7th meeting.
ORDINANCE NO. 87 -
An Ordinance amending Title IV of the City of Ithaca Municipal
Code by adding thereto a new Chapter 69 entitled "Collection
of Refuse, Including Recyclable Materials, and Other Waste -Ij
Materials."
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York, as follows:
Section 1. A new Chapter 69 entitled "Collection of Refuse,
including Recyclable Materials and Other Waste Materials"
is hereby added to Title IV of the City of Ithaca Municipal
Code, said Chapter to read as follows:
-13- September 2, 1987
Collection of Refuse, including Recyclable Materials, 337
and other Waste Materials
Section 69.1 Definitions
For the purposes of this Article the following terms shall
have the meanings stated in this Section.
A. "Aluminum" means pure aluminum in any form, including
but not limited to cans, cooking utensils, and lawn
furniture.
B. "Board" means the Board of Public Works.
C. "Brush" means tree branches not exceeding two inches
in diameter, twigs, and shrub and hedge clippings.
D. "Bulk items" means large items and materials, including
furniture, (other than aluminum yard furniture), house
furnishings, and large appliances such as refrigerators,
stoves, washing machines, and clothes dryers.
E. "Collectible yard wastes" means grass, leaves, and
waste plant and dirt materials from vegetable and
flower gardens, lawns, and yards; and "brush ".
F. "Corrugated cardboard" means cardboard shipping containers.
G. "Department" means the Department of Public Works.
Q H. "Industrial Waste" means chemical waste generated
by any industrial process or operation.
I. "Newspapers" means newsprint. It does not include
glossy magazines or materials.
J. "Person" means one or more individuals; any partnership,
corporation, firm, association, trust, estate, or
governmental entity; and any other entity whatsoever.
K. "Primary Commons" means that area of public property between
the south building lines of the north side and the north
building lines on the south side of the former bed and
associated sidewalks of East State Street between the
east line of Cayuga Street and the west line of Aurora
Street and that area of public property between the west
building lines on the east side and the east building
lines on the west side of the former bed and associated
sidewalks of North Tioga Street between the north line
of State Street and the south line of Seneca Street.
L. "Recyclable materials" means (1) clear (flint), green
and brown glass bottles, jugs and jars; (2) aluminum;
(3) newspapers; and (4) corrugated cardboard. "Recyclable
materials" does not include plate glass, window glass,
or any other type of glass not specified in this definition.
M. "Refuse" means the "rubbish ", "recyclable materials ",
and "collectible yard wastes" resulting from the normal,
day -to -day operation of a household; refuse may be
generated by a household, a business establishment,
or a public or quasi- public facility. "Refuse" does
not include "rubble ", "bulk items'.', "industrial waste ".
338
-14- September 2, 1987
automobile or other motor vehicle tires, or any other
material not covered under this definition.
N. "Rubbish" means (1) food wastes, including but not
limited to table cleanings; fruit, vegetable, and
animal matter parings and scraps; decaying or spoiled
vegetable, animal and fruit matter; and fallen fruit;
(2) any paper, plastic, cardboard or other material
used to wrap, cover, or contain food, other than certain
glass jars, jugs, or bottles defined in this Section
as "recyclable materials "; and any other household
waste resulting from the use, consumption, and preparation
of food; and (3) plastic, metal (other than pure aluminum),
rags, drugs, health aids and materials, sweepings,
excelsior, rubber, leather, cloth, clothing, magazines,
paper (other than newspapers), waste materials from
normal maintenance and repair activities, pasteboard,
crockery, shells, dirt, filth, ashes, wood, glass
(other than certain glass bottles, jugs, and jars
defined in this Section as "recyclable wastes "), brick,
and any other similar waste material. "Rubbish" does
not include "recyclable materials" as defined in this
Section. However, "rubbish" shall include recyclable
materials which cannot be recycled because of secondary
household use.
0. "Rubble" means waste material typically resulting
from construction, demolition, and major renovation
activities, including but not limited to waste cement,
concrete, masonry, bricks, tiles, sheetrock, plaster,
shingles, lumber, telephone poles, railroad ties,
wooden pallets, doors and door frames, windows and
window frames; and any similar material.
P. "Superintendent" means the Superintendent of Public
Works.
Section 69.2 Waste Materials to be Collected
A. The Department shall be responsible for collecting
on a regular basis only those waste materials that constitute
refuse, namely rubbish, recyclable materials, and collectible
yard wastes.
B. The department shall also be responsible for collecting
any additional waste materials that the Superintendent may
announce will be collected on particular days or during particular
time periods; these additional waste materials may include,
for example, bulk items, trees, tree stumps, and large branches.
The Department shall be responsible for collecting any such
additional waste materials only on the days or during the
time periods announced by the Superintendent.
It-
19
It
339
-is-
September 2, 1987
C. The Department shall not be responsible for collecting
any waste materials that have been placed or prepared ways
that do not comply with all the provisions of this Article.
In particular, the Department shall not be responsible for
collecting waste materials in which recyclable materials
are mixed together with other materials or in which recyclable
materials have not been placed or prepared in accord with
this Article.
Section 69.3 Depositing Refuse and Other Waste Materials
for Collection
A. No person shall place any waste materials at or near
any curb, sidewalk, or street for purposes of collection
by the Department other than the following: (1) refuse;
and (2) on particular days or during particular time periods,
any other waste material that the Superintendent has announced
LD the Department will collect at those times.
= B. No person shall place any rubbish at or near any curb,
m sidewalk or street for purposes of collection by the Department
Q unless that person complies with one or both of the following
requirements:
(1) Each person shall provide and utilize separate containers
for disposal of rubbish. Any such container shall
be made of metal, plastic or other suitable material,
shall have tight fitting covers, shall have handles
on the top and sides, and shall be shaped so that
all materials flow freely when the container is dumped.
No such container shall exceed 32 gallons in capacity,
and when filled, no such container shall weigh more
than 100 pounds.
(2) Each person shall provide and utilize disposable
plastic bags for disposal of rubbish. Any such bag
shall be at least 1.5 mils thick and sufficiently
strong to contain the materials enclosed. When filled,
each such bag shall be securely tied and weigh no
more than SO pounds.
C. No person shall place any collectible yard wastes
at or near any curb, sidewalk or street for purposes of collection
by the Department unless that person complies with the following
requirements:
(1) For purposes of disposing of collectible yard waste
other than brush each person shall provide and utilize
containers that meet the requirements of paragraph
B (1) of this Section and /or plastic bags that meet
the requirements of paragraph B (2) of this Section.
340
-16-
September 2, 1987
(2) Each person shall securely tie brush in bundles,
with no individual bundle exceeding 48 inches in
length or SO pounds in weight. No person shall put
out more than two such bundles of brush for any one
collection by the Department.
D. No person shall place any recyclable materials at
or near any curb, sidewalk, or street for purposes of collection
by the Department unless that person satisfies the following
requirements:
(1) Recyclable materials shall be placed separately from
any refuse or other waste material placed for collection
by the Department.
(2) (a) Newspapers shall be piled and securely tied in
bundles, with no individual bundle weighing more
than SO pounds; or newspapers shall be placed
in paper bags strong enough to contain them;
newspapers placed in plastic bags must be securely
tied in bundles.
(b) Newspapers shall not contain magazines, any glossy
material frequently inserted in newspapers, or
any other waste paper.
(c) Newspapers shall be kept dry by appropriate means
before they are collected by the Department.
(3) (a) Glass bottles, jugs, and jars shall be clean
and shall have all neck rings, foil, metal, styra-
foam and other plastic removed. Paper labels
may be left on bottles, jugs and jars.
(b) Such glass shall be placed in one or more separate
containers. Each container shall be clearly
marked with an "R" or labelled "Recycle" in letters
at least 3 inches high. No such container shall
be any larger than 32 gallons or smaller than
4 gallons.
(c) Clear (flint), brown or green glass bottles,
Jars and jugs are the only glass materials initially
treated as recyclable materials by this Article.
(d) Glass bottles, jugs and jars shall be separated
by color so that such glass of any one color
is in a separate container that complies with
the provisions of subparagraph (b) of this paragraph
and is not mixed together with glass of other colors
(4) Aluminum shall be pure and clean. Any fabric on
lawn furniture shall be removed before the aluminum
is placed for recycling. Aluminum shall be placed
in one or more separate containers. Each container
-17- September 2, 1987 341
All empty refuse containers and any other empty waste
containers shall be removed from the curb, sidewalk or street
where they have been placed as soon as possible after collection
by the Department and, in any event, on the same day as collection.
shall be clearly marked with an "R" or labelled
"Recycle" in letters at least 3 inches high. No such
container shall be larger than 32 gallons or smaller
than 4 gallons.
(5) Corrugated cardboard shall be flattened, folded and
securely tied in bundles no larger than 36 inches
by 36 inches by 36 inches in size, and weighing no
-
more than 50 pounds.
(wove
(6) Different kinds of recyclable materials shall not
Each
be mixed together in a disposal container.
kind of recyclable material shall be placed in a
separate container, or separate wrapper or bundle
within a container, and otherwise treated in accord
with the provisions of this subdivision. Where different
kinds of recyclable materials in separate wrappers
or bundles are placed together in a disposal container,
LO
each such wrapper or container shall be placed therein
m
in such a way that it can be easily removed by hand
Q
from that container.
E. When the Superintendent has announced that waste materials
other than refuse will be collected on particular days or
during particular periods, any person placing any waste other
than refuse at or near any curb, sidewalk or street for purposes
of collection by the Department, shall comply with the following:
(1) the waste material shall be of the type announced
by the Superintendent; and
(2) the waste material shall be placed for collection
at the times specified by the Superintendent; and
(3) the waste material shall be collected, bound, contained,
placed, or otherwise treated in the manner specified
by the Superintendent.
F. Refuse, as well as any other waste material the Superin-
tendent announces will be collected, shall be placed for
collection by the Department at or near a curb, sidewalk
or street after 2:00 p.m. on the day prior to the day designated
for collection and before 5:30 a.m. on the day designated
for collection. There will be no call -backs to collect refuse
or any other wastes that are placed for collection after
5:30 a.m. on the designated collection day.
G. No person shall place any waste material at or near
any curb, sidewalk or street other than the curb, sidewalk
from which
or street immediately in front of the property
such waste material was generated.
Section 69.4 Empty Refuse Containers and Other Empty
Waste Containers
All empty refuse containers and any other empty waste
containers shall be removed from the curb, sidewalk or street
where they have been placed as soon as possible after collection
by the Department and, in any event, on the same day as collection.
342
-18- September 2, 1987
Empty refuse containers or other empty waste containers remaining
at or near the curb, sidewalk or street on the day after
collection may be picked up and disposed of by the Department.
Section 69.5 Uncollected Refuse and Uncollected Waste
1Via tori al
Where the Department has not collected certain refuse
and /or waste material because those materials were not placed
or'prepared in accord with the provisions of this Article,
the person responsible for putting those waste materials
at or near a curb, sidewalk or street for collection by the
Department shall remove those wastes from that location as
soon as possible after the Department has refused collection
and, in any,event, by the end of the designated collection day.
Section 69.6 Non - compliance with Provisions of this Article
A. Whenever a person places refuse or other waste material
at or near a curb, sidewalk or street for collection by the
Department without complying with all the provisions of this
Article or fails to comply with Section 69.5, the Department
may do either of the following:
(1) The Department may choose not to collect the refuse
or other waste material. In such a case the Department
shall affix a notice to the waste material which
gives the reason why the Department did not collect
that material. The Department may also notify the
property owner of the property from which such uncollected
waste material was generated why the Department did
not collect that material. That notice shall be
either verbal or written as the Department determines
is appropriate and shall be provided as soon as feasible
after the Department refuse to collect that material.
OR
(2) The Department may collect the refuse or other waste
material notwithstanding the fact that it does not
comply with the provisions of this Article. In such
cases, effective June 1, 1988, the Department shall
assess a special service charge against the owner
of the property from which such waste material was
generated. Such special service charge shall be
in accord with the following:
Single family dwelling -
$15.00 per
each occasion
requiring
a service charge
Two family dwelling -
$20.00 per
each occasion
requiring
a service charge
Multi- residential -
$25.00 per
each occasion
requiring
a service charge
Commercial or other -
$30.00 per
each occasion
requiring
a service charge
343
-19- September 2, 1987
The Department shall provide written notice of said
special service charge to said property owner as
soon as feasible after the Department collects the
waste in question. Such special service charge shall
be levied in accord with the City of Ithaca Charter,
Section 5.33. Such special service charge shall
be payable at the City Chamberlain's Office, either
in person or by mail.
B. Whenever refuse or other waste material has been
placed for collection by the Department after 5:30 a.m. on
the day of collection, the Department may, in its own discretion,
determine to respond positively or negatively to a request
by the property owner of the property from which such waste
Ni was generated that the Department return to such property
I- and collect that waste material. When the Department agrees
Lo to return to the property and collect that material, it shall
= assess a special service charge against that property owner
m in accord with paragraph A(2) of this Section.
Q
C. For any non - scheduled collection of waste material
by the Department, the Department shall assess a
special service charge against the responsible property
owner. Such special collection charge shall be in
accord with the provisions of paragraph A(2) of this
Section.
Section 69.7 Primary Commons
Nothwithstanding any other provision of this Article,
collection of refuse and other wastes generated on the Primary
Commons shall be governed by the provisions of this Section.
A. Except as otherwise provided in subdivisions B - D
of this Section, all of the provisions of this Article
shall govern collection of refuse and other wastes
generated on the Primary Commons.
B. Recyclable materials generated on the Primary Commons
shall be placed only at locations designated by the
Superintendent.
C. All refuse other than recyclable materials generated
on the Commons shall be placed for collection in dis-
posable plastic bags that meet the requirements of
paragraph B(2) of Section 69.3
D. All refuse and other waste material to be collected
from the Primary Commons shall be placed in the proper
locations after 4:30 p.m. on the day prior to the
designated collection day and before 4:00 a.m. on
the designated collection day.
344
-20- September 2, 1987
Section 69.8 City's Ownership of Recyclable Materials
Placed for Collection by the Department
From the time any person places any recyclable materials
at or near any curb, sidewalk or street for purposes of collection
by the Department, those recyclable materials shall become
and be the property of the City of Ithaca or its authorized
agent. No person who is not acting under authority of the
City or its authorized agent shall collect, pick up, remove
or cause to be collected, picked up or removed, any recyclable
materials so placed for collection; each such unauthorized
collection, pick up or removal shall constitute a separate
violation of this Article. Provided, however, where the
Department has refused to collect certain recyclable materials
because they have not been placed or treated in accord with
the provisions of this Article, the person responsible for
initially placing those materials for collection may and
shall remove those materials from any curb, sidewalk or street
side in accord with the provisions of this Article.
Section 69.9 Private Waste Haulers
Nothing in this Article shall be deemed to prevent any
person from entering into a contractual agreement with a
private waste hauler for the removal of refuse and other
waste materials generated by that person or by property owned
by that person.
Section 69.10 Containers for Recyclable Materials
The Board is authorized to establish an appropriate mechanism
for selling or facilitating the sale of waste containers
for recyclable materials that meet the requirements of this
Article.
Section 69.11 Regulations
The Board shall have authority to adopt whatever regulations
are consistent with this Article and to continue to enforce
any existing regulations that are consistent with this Article.
Section 69.12 Effective Date
This ordinance shall be effective October 1, 1987
Discussion followed with remarks made by Alderpersons Romanowski,
Schlather, Haine and Booth.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Cummings, Dennis, Haine, Hoffman, Lytel,
Peterson, Schlather, Killeen
Nay (1) - Romanowski
Carried
J
J
345
-21- September 2, 1987
Reorganization of Offices of Civil Service and Personnel
- Lift From Table
By Alderperson Schlather: Seconded by Alderperson Dennis
RESOLVED, That the resolution on the matter of Reorganization
of Offices of Civil Service and Personnel be lifted from
the table.
Carried Unanimously
WHEREAS, 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
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
'q the autonomy of the Civil Service Commission and ensure that
LD it receives the same level of secretarial service and guidance
= as presently, and
M WHEREAS, the Personnel Administrator, by report dated March
Q 13, 1987, has recommended various options, including the
following; 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;
(5) the newly reorganized 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.
Amending Resolution
By Aldeperson Lytel: Seconded by Alderperson Haine
RESOLVED, That the RESOLVED paragraph, item (2) be amended
to read to as follows: "The position of Executive Secretary
to the Civil Service Commission be placed under the authority
of the Personnel Department, with a corresponding modification
of the job specifications of that position "; and that items
(3) and (4) under the RESOLVED paragraph be eliminated.
Further discussion followed on the floor.
34h
-22- September 2, 1987
A vote on the amendment resulted as follows:
Ayes (3) - Lytel, Hoffman, Romanowski
Nays (7) - Killeen, Booth, Haine, Dennis, Schlather, Peterson,
Cummings
Motion Defeated
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That item (2) of the RESOLVED paragraph be amended
to read as follows: "the position of Executive Secretary
to the Civil Service Commission is abolished effective January
1, 1988."
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) - Booth, Cummings, Dennis, Hoffman, Killeen,
Lytel, Peterson, Schlather
Nays (2) - Romanowski, Haine
Carried
Thanks to Recycling Task Force
Alderperson Schlather wished to have put into the Minutes
the thanks of Council to the Recycling Task Force and to
Lynn Leopold for all of the work they have put into the
Recycling Ordinance. Council is very, very grateful to them
for all their efforts. Council and the Mayor concurred in
passing along the thanks.
PLANNING AND DEVELOPMENT COMMITTEE:
Proposal for Local Designation of Stewart Park
Alderperson Cummings spoke at length about a proposal that
has been made by the Landmarks Commission for local designation
of Stewart Park as an historic landmark. The Landmarks Commission
recommends that both the structures and the surrounding grounds
of Stewart Park be so designated. She explained the process
regarding such designations and said that several questions
were asked when the Landmarks Commission presented the recommenda-
tion to the Planning and Development Committee that Stewart
Park be designated as an histroic landmark.
Alderperson Cummings stated that the Planning and Development
Board had asked about the possibility of the creation of
a Parks Commission which would perhaps have a greater range
of expertise to deal with natural environment issues. What
natural environment issues are properly historic issues,
which the Landmarks Commission should have input on, and
what are topics that the Parks Commission should handle?
How would you avoid swamping the City in yet another layer
of bureaucracy by creating yet another Commission?
Alderperson Cummings stated that there was a presentation
to the P&D Committee by the subcommittee of SPAG in order
to assess the feasibility of a Parks Commission. The recommneda-
tion of the SPAG subcommittee was that a Parks Commission
should be comprised of professionals in a range of fields,
such as ecology, conservation, botany, horticulture, ornothology,
equatic biology, etc., as well as users and a member of the
Board of Public Works. The subcommittee also recommended
that a staff position entitled 'Parks Manager' be created
to carry out the directives of the Parks Commission as well
as to oversee the day -to -day maintenance of the City parks.
Mayor Gutenberger stressed the importance of having close
communications between the Board of Public Works, Department
of Public Works and the other committees working on this
project.
lr�
347
-23- September 2, 1987
Alderperson Cummings said there will be a presentation with
reference to the topics that she has discussed at this meeting,
one at the Planning and Development Board meeting on Tuesday,
September 22nd, and the other on Wednesday, September 23rd,
at the Planning and Development Commitee meeting. She urged
those Councilraembers who have not already attended a presentation
by the Landmarks Commission to try to attend one of the
mentioned meetings.
Proposal to Nominate Cornell Heights to National Register
Resolution
(600v By Alderperson Cummings: Seconded by Alderperson Peterson
WHEREAS, the Common Council of the City of Ithaca gave authoriza-
tion to the Department of Planning and Development to submit
a Certified Local Government Subgrant application for the
purpose of conducting an in -depth historic and architectural
resources survey of Cornell Heights and to prepare a National
Register nomination, and
WHEREAS, upon consultation between staff from the New York
State Office of Parks, Recreation and Historic Preservation
�. and the City of Ithaca Department of Planning and Development,
it was determined that the proposed Cornell Heights District
LO as described in that attached materials is of sufficient
= significance and integrity to warrant nomination to the State
�] and National Registers of Historic Places, and
Q WHEREAS, the City of Ithaca was notified that the State Review
Board is scheduled to consider the nomination of Cornell
Heights to the State and National Register at the September
3 -4, 1987 meeting, and
WHEREAS, the majority of property owners in Cornell Heights
favor listing on the State and National Registers at the
soonest possible date, and
WHEREAS, the City has learned that consideration of the Cornell
Heights National Register Nomination may be postponed until
the December hearing at the request of a single property
owner, and
WHEREAS, Cornell Heights is a sensitive neighborhood and
one particularly vulnerable to building activity; now, therefore,
be it
RESOLVED, That the City of Ithaca Common Council urges the
Commissioner to consider the nomination of Cornell Heights
at the September 3 -4, 1987 Hearing, as scheduled.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Lytel, Hoffman, Dennis, Schlather, Peterson,
Cummings, Haine, Killeen
Abstention (1) - Romanowski (business conflict)
Carried
Cornell Housing Plans
Alderperson Cummings reported that there hasn't been any
new housing built. Cornell Housing indicated to the Planning
and Development Committee that its difficulty in getting
additional housing built is because it is a division of the
university which operates as an enterprise division and therefore
needs to have balanced books. There are plenty of sites
on which to build but there is a need to come up with innovative
ways to finance these projects and sell them to the Board
of Trustees within the constraints put upon the organization.
345
-24- September 2, 1987
Alderperson Cummings said that the proposal that came
from the Planning and Development Committee was that contact
should be made with the Cornell Board of Trustees members
on the appropriate Buildings and Properties Committee when
such members are in town. Since they make only a couple
of quick trips to Cornell and Ithaca each year, to them it
looks like the community is a lovely place, with no problems.
She believes they should be given the opportunity to see
the seriousness of the impact that Cornell is making on the
community and is working on setting up a meeting for a tour
of the area inasmuch as people talking about the problem
can carry more weight than all the pages of a report.
Front Yard Parking Regulations/Proposed Amendments
Alderperson Cummings stated that in going over the problem
at the Planning and Development Committee meeting, they came
up with a difinition to control or prohibit the unsightly
problem of front yard parking. That definition is being
passed on to the Charter and Ordinance Committee for a final
bout with it. The wording that the PiD Committee came up
with seemed to eliminate many of the difficulties. Alderperson
Cummings said that the Planning and Development Committee
is working with several civic association representatives
on this problem.
Disposition of City Hall Annex
Resolution
By Alderperson Cummings: Seconded by Alderperson Haine
WHEREAS, 122 South Cayuga Street (City flail Annex) is owned
by the City of Ithaca, and
WHEREAS, The City Hall Annex was previously occupied by the
Tompkins County Social Services Department, and is now unused,
and
WHEREAS, the City has caused to be prepared an appraisal
to establish the fair market value of the property; now,
therefore, be it
RESOLVED, That Common Council finds the annex to be surplus
property, and be it further
RESOLVED, That the Council declares its intention to dispose
of the property and directs the Department of Planning and
Development, with the assistance of the City Attorney, to
bring back to Common Council, at its October 7, 1987 meeting,
a proposal for the means of disposal of this property for
its consideration and action.
Alderperson Cummings remarked about the mechanisms which
had been discussed by the PF,D Committee with reference to
disposal of the building. To dispose of it in such a way
that we have some facade protection and for a project that
would be in keeping with long -range city goals. Staff was
asked to come up with a very generalized solicitation for
proposals and staff is presently working with City Attorney
Nash on that sort of wording. Alderperson Cummings urged
Council to vote on this resolution so that an announcement
can be made that we are disposing of the property.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
J
349
-2S-
September 2, 1987
REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS:
New Fire Stations
Alderperson Killeen reported that the New Fire Stations Committee
had met on the evening of September 1 to hear the architect's
presentation on the design he has executed, which design
will fit both the South Hill and the West Hill sites. The
target date for review of the design by the Ithaca College
Board of Trustees is early October on the South Hill site.
Alderperson Killeen said that the Budget and Administration
Committee will be discussing some of the financing mechanisms
in late September.
It was mentioned that there is a specific piece of land on
South Hill that has been offered by Ithaca College, whereas
the site on West Hill is less specific. Mayor Gutenberger
stated that he had hoped to have information tonight from
Cornell, in writing, as to the specific land that would be
available for the building of a new fire station. He is hoping
that the information will be available by the end of the
week.
Alderperson Killeen said that it is the hope and intention
of the architect to get construction under way by this Spring,
LD with a six months build period. If that happens, we are
still looking at Thanksgiving of 1988 for new stations.
UNFINISHED AND MISCELLANEOUS BUSINESS:
Q Federal Communications Commission Filing
Resolution
By Alderperson Schlather: Seconded by Alderperson Dennis
WHEREAS, the citizens of Ithaca have long known that off -air
television reception is poor or non - existent in the City,
and
WHEREAS, the Common Council has caused to be prepared certain
engineering studies which verify that off -air signals are
'(400.1 not available to the vast majority of households in the City;
now, therefore, be it
RESOLVED, That the Mayor is authorized and directed to file
with the Federal Communications Commission a petition requesting
an exemption which would allow the City of Ithaca to regulate
basic cable service rates within the City of Ithaca, and
be it further
RESOLVED, That Rice Associates, in cooperation with the City
Attorney and the Director of Planning and Development, is
directed to prepare any and all necessary documents for such
filing.
Alderperson Schlather made reference to the August 31, 1987
memo of Rice Associates wherein the engineering study substantiate
the fact that off -air television reception is available to
less than 10% of the areas of the city. Only some portions
of the city (the extreme northwest and the northeast) can
get off -air reception without cable. He explained why the
city should go forward in filing a petition requesting an
exemption allowing the city to regulate basic cable service
rates before the FCC changes the present rules. Alderperson
Schlather stated the approximate cost of filing the petition
and where the funds will come from.
Mayor Gutenberger urged Council to give
City Attorney the authority to make the
it will be money well spent and the Cit
the basic rate payers, especially those
category, as the City is the only voice
concerning cable rates.
his office and the
filing. He said
y needs to protect
in the lower income
those people have
A vote on the resolution resolution resulted as follows:
Carried Unanimously
350 -26- September 2, 1987
ADJOURNMENT:
n a motion the meeting adjourned at 11:45 P.M.
allista F. Paolang i
City Clerk
L
Gutenberger
(Mayor ,
J