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HomeMy WebLinkAboutMN-CC-1988-09-0721'7 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. September 7, 1988 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Hoffman, Johnson, Killeen, Lytel, Nichols, Peterson, Romanowski, Schlather OTHERS PRESENT: City Attorney - Nash City Controller - Spano (40001, Deputy City Controller - Cafferillo City - Clerk- Paolangeli Director, Planning and Development- Van Cort Deputy Director, Planning and Development - Mazzarella Personnel Administrator - Baker Assistant Personnel Administrator - Walker Building Commissioner - Hoard Fire Chief - Olmstead Ln Acting Police Chief - Pagliaro Superintendent of Public Works - Dougherty Iq Lo PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the m American flag. Q SPECIAL ORDER OF BUSINESS: Public Hearing - An Ordinance Amending Section 30.25 of Chapter 30 Entitled "Zoning" of the City of Ithaca Municipal Code - District Regulations Chart Resolution To Open Public Hearing By Alderperson Johnson: Seconded by Alderperson Lytel RESOLVED, That the Public Hearing to consider amendment to Section 30.25 of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal (awe Code - District Regulations Chart, be declared open. Carried Unanimously Alderperson Booth briefly described the proposed amendment as a series of technical amendments to the Zoning Ordinance which will clean up some of the ambiguity and provisions, for example, in the District Regulations Chart, things which the Building Commissioner and the Board of Zoning Appeals have identified as uncertainties. He said the Charter & Ordinance Committee view them as technical amendments; there has been no controversy. Mayor Gutenberger asked if anyone present wished to speak regarding the proposed amendment. No one spoke to the Public Hearing. Resolution To Close Public Hearing By Alderperson Booth: Seconded by Alderperson Peterson RESOLVED, That the Public hearing to consider amendment to Section 30.25 of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code - District Regulations Chart, be declared closed. Carried Unanimously Public Hearing - An Ordinance Amending the Zoning Map of Chapter 30 Entitled "Zoning" of the City of Ithaca Municipal Code Resolution To Open Public Hearing By Alderperson Nichols: Seconded by Alderperson Booth RESOLVED, That the Public Hearing to consider amending the Zoning Map of Chapter 30 entitled "Zoning" of the City of Ithaca Municipal Code be declared open. Carried Unanimously Alderperson Booth explained that this item has been on the Common Council's agenda for many months. The so- called Watts Lot was pro- posed for rezoning from a' business classification, B -2a to a resi- dential. classification, R -2b. The Council has held several public 218 - 2 - September 7, 1988 hearings on it. It requires 8 votes for the Council to pass this proposed zoning amendment because of a protest filed by the property owner and the Council has been unable to garner the necessary 8 votes in the past; therefore, they were holding another public hearing and would have another vote that night. Mayor Gutenberger asked if anyone in the audience wished to address Council on the item. Marjorie Olds, 415 North Tioga Street, President of the Northside Civic Association, renewed the neighborhood's request that the Council put a "safety net" in place as a precautionary measure. If the R -2 zone were in place the neighborhood could work with the Common Council and City Planning to ensure that the development that goes in there will meet the citywide housing needs as well as the needs of the neighborhood, and that whatever development goes in there will be in scale with the existing neighborhood. She asked that the Council not gamble with the future but to put the "safety net" in place in order to have some control over how the development goes. Francis Paolangeli, 125 Ridgecrest Road, owner of the "Pogo Parcel ", addressed the Council, saying he believes that Mark Fickelstein, who has an option on the parcel, will not exercise his option to purchase all the parcel. He expressed the opinion that Mark had not received cooperation regardless of what he proposed. Therefore, if he does not exercise his option, Mr. Paolangeli told the Council he wishes to pick up the ball where Mark leaves off, work with Council to come up with some plan which will work on the parcel. He said he thinks one year is enough time for Council to decide what they want to-do. Laura Lewis, 509 Willow Avenue, strongly urge waffle on this issue, but to for once try to hoods by rezoning the parcel as residential. more and more what is going on on a national little attention to inner cities that people is happening in Ithaca. E�d Common Council not to preserve Ithaca neighbor - She said she fears that trend, that is paying so are moving out of them, Mark Walker, 513 Willow Avenue, reminded the Council that several months ago the Council were presented the results of a survey showing that the majority of the people in the neighborhood favor rezoning the Watts Lot. He asked that the Council acknowledge the results of that survey when they cast their votes and let the survey speak for the neighborhood residents who are interested that they don't have to face the concerns of high density housing and increased traffic on the streets near their neighborhood. Mark Fickelstein, 304 East State Street, explained that until Sunday, September 11, he will be holder of the option on the Watts Lot "Pogo Parcel." He said it is not his intention to exercise the option, he regrets he cannot go ahead under the circumstances as there has been no agreement reached concerning the parcel. He doesn't believe the Council's role has been as constructive as the other actors involved in the process. He mentioned that Alderpersons Romanowski, Lytel and Cummings voted not to rezone the Watts Lot which took a lot of courage and he thinks by doing that they stood up for two principles, the first being an attempt to address the needs for housing in the city; secondly they encouraged cooperation between neighbors and developers. He urged the Council to work with Francis Paolangeli in trying to work out a solution. He said he believes it would be unwise to 11,48) rezone the parcel. Resolution To Close Public Hearing By Alderperson Booth: Seconded by RESOLVED, That the Public Hearing of Chapter 30 entitled "Zoning" of be declared closed. Alderperson Schlather to consider amending the Zoning Map the City of Ithaca Municipal Code, Carried Unanimously 21.E -3- September 7, 1988 Public Hearing for Possible Urban Development Action Grant (UDAG) Wilcox Press Mayor Gutenberger reported that he had been informed late that after- noon that Wilcox Press is not interested in pursuing this any further since there are no longer guaranteed funds set aside by the current administration in Washington for this particular type of project. Therefore, the request has been withdrawn at this time. Intergovernmental Relations Committee Alderperson Cummings requested the addition of Item 18.1 "Report on LO Annex Sale on Negotiations." No Council member objected. Iq LO Charter and Ordinance Committee Alderperson Booth advised the Council that Item 14.9, An Ordinance Amending Chapter 64 Entitled "Cable Communications" of the City of Ithaca Municipal Code, be removed from the agenda because it was not Q ready to be voted on that evening. He said he realized it would cause some difficulties in terms of timing of certain agreements with ACC, but the changes are fairly substantial. Alderperson Schlather asked if it would be advisable to leave it on the agenda so that the entire Council can understand what the problems are, and then pass a motion to table until ready. Alderperson Booth agreed, and accepted the suggestion. No Council member objected. Mayor's Appointments Alderperson Booth informed Mayor Gutenberger that with regard to an appointment the Mayor was expecting to make that evening, he intended to request an Executive Session before voting on it. For the information of Council Alderperson Booth informed them that with regard to the Smoking Ordinance a page 6 had been placed on their desks because it had been left out of some copies of the agenda. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: John Beau Saul, 120 East Clinton Street, President of the Ithaca Police Benevolent Association, the union that represents 94 percent of the officers of the City of Ithaca Police Department, read the following statement: "Mr. Mayor, Ladies and Gentlemen, Common Council, the police officers of the PBA and their families have come here tonight very troubled, very discouraged to address this board of elected officials in refer- ence to the innuendo and malicious comments made by one of your colleagues, Ms. Susan Cummings, concerning our integrity, our honesty, our ethical being. The politically unsophisticated accusations have brought our families and us here tonight. First, we would like our city and the residents of Ithaca, to whom we are sworn to lay down our lives to protect, to know that we un- equivocally and categorically deny these aggrievious falsehoods. Alderperson Cummings, you in your role as an elected official have perpetrated fraud on the people of Ithaca. You have disfranchised the people from the Police Department. Far from helping the city that you serve and the people you represent, you have instead made the situation worse by taking mere opinion and making it sound like fact. It is unconscionable; it reeks of character assassination and guilt by association. Alderperson Cummings, you have misused your public office. ADDITIONS Planning TO THE AGENDA: and Development Committee Alderperson Cummings called attention to an error in the numbering of Planning and Development Committee agenda items. Item 15.7 should read "An Ordinance Amending Article I, Section 30.3 and Article II of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code (Cluster Subdivision)." Item 15.8 should read "Transfer /Baling Station - Report." Intergovernmental Relations Committee Alderperson Cummings requested the addition of Item 18.1 "Report on LO Annex Sale on Negotiations." No Council member objected. Iq LO Charter and Ordinance Committee Alderperson Booth advised the Council that Item 14.9, An Ordinance Amending Chapter 64 Entitled "Cable Communications" of the City of Ithaca Municipal Code, be removed from the agenda because it was not Q ready to be voted on that evening. He said he realized it would cause some difficulties in terms of timing of certain agreements with ACC, but the changes are fairly substantial. Alderperson Schlather asked if it would be advisable to leave it on the agenda so that the entire Council can understand what the problems are, and then pass a motion to table until ready. Alderperson Booth agreed, and accepted the suggestion. No Council member objected. Mayor's Appointments Alderperson Booth informed Mayor Gutenberger that with regard to an appointment the Mayor was expecting to make that evening, he intended to request an Executive Session before voting on it. For the information of Council Alderperson Booth informed them that with regard to the Smoking Ordinance a page 6 had been placed on their desks because it had been left out of some copies of the agenda. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: John Beau Saul, 120 East Clinton Street, President of the Ithaca Police Benevolent Association, the union that represents 94 percent of the officers of the City of Ithaca Police Department, read the following statement: "Mr. Mayor, Ladies and Gentlemen, Common Council, the police officers of the PBA and their families have come here tonight very troubled, very discouraged to address this board of elected officials in refer- ence to the innuendo and malicious comments made by one of your colleagues, Ms. Susan Cummings, concerning our integrity, our honesty, our ethical being. The politically unsophisticated accusations have brought our families and us here tonight. First, we would like our city and the residents of Ithaca, to whom we are sworn to lay down our lives to protect, to know that we un- equivocally and categorically deny these aggrievious falsehoods. Alderperson Cummings, you in your role as an elected official have perpetrated fraud on the people of Ithaca. You have disfranchised the people from the Police Department. Far from helping the city that you serve and the people you represent, you have instead made the situation worse by taking mere opinion and making it sound like fact. It is unconscionable; it reeks of character assassination and guilt by association. Alderperson Cummings, you have misused your public office. 220 Miss Cummings, do Cruise, an Ithaca sible quote in The walk both sides of officers. -4- September 7, 1988 you know this officer? This is Officer Alan City police officer for 60 days. Your irrespon- Grapevine 'police are on the take' and 'police the street' is directed at Alan as it is at all Alderperson Cummings, this is Officer Dan Slattery, an Ithaca City police officer for 4 years and a lifelong resident of this city's first ward. You have accused him of being on the take, of being a crooked cop. Dan is the most recent one of us to receive a death threat. That very explicit assassination threat is a direct result of drug enforcement in your ward. Alderperson Cummings, this is Officer Joanie Russell, city police officer for 3 years. She is one of at least three officers that live in the very ward that you represent. You have accused one of your own constituents, a working mother of two, a person who has to put on a bullet proof vest every day before going to work, of being corrupt. Somewhere in the back, Ms. Cummings, is Detective BillBurin who has been an Ithaca City police officer for 25 years. You have accused this man, a Juvenile Division detective, a man who provides shelter, clothing and a home to countless children as a foster parent; you have accused this man of being a crooked cop. When was he on the take Alderperson Cummings? When was he selling drugs? One quarter of a century of service to this city, and you call him corrupt. Do you realize what you have done? How would you like to be painted with the same broad brush that you painted Alan, Joanie, Dan, Bill and all of the 67 people who put their lives on the line every day for this city and the residents? Alderperson Cummings, this young lady is Sharon Bowman, married to Officer Doug Bowman, an Ithaca police officer for 6 years. You have accused her husband of being corrupt. She has had to deal with her friends in the community because of your irresponsible statements. How is she to fend off allegations because of what you have said as an elected city official? Alderperson Cummings, also in this group of dedicated men and women and their families are the children of the city's police officers. Already some of them, who we consider our most precious possessions, have been confronted by neighbors, other children and strangers due to your irresponsible statements. Again, do you realize what you have done? What you stated are not merely printed words on a piece of paper, but rather they have impact far, far beyond what you have said. They have impacted actual people and our loved ones. The PBA stands ready to work cooperatively with Common Council as we have always done. The PBA pledges to do so in a mature, courageous and forthright manner, notashamed or afraid of what any investigation will uncover since we have absolutely nothing to hide. But,absent the Common Council undertaking an investigation we demand these irresponsible allegations and actions be censured by Common Council. You on Common Council have a responsi- bility as elected officials to assure and protect the institution of Common Council from losing its credibility. The social contract you have with the people of our city demands that you censure Ms. Cummings for her malicious, unfounded statements of corruption within the 'Ithaca City Police Department. From you Alderperson Cummings, at the very least, the very least that decency demands is an immediate public apology." Scott Wexler, 23 Elk Street, Albany, N.Y. 12207, Executive Director of the United Restaurant, Hotel, Tavern Association of New York State, appeared at the request of Richard Leonardo, President of Local Chapter of Tompkins County United Restaurant, Tavern, Hotel Owners Association to comment on the proposed Smoking Ordinance and asked the Council to delay passage until reviewing suggestions provided by him which would create a more uniform ordinance with other places in the state. 5- September 7, 1988 221 Mr. Wexler also referred to Senate bill 7959C which, if approved by the state legislature and signed by Governor Cuomo, will create a uniform smoking law in the state. Richard Leonardo, 101 West State Street, spoke regarding the pro- posed ordinance, asking that Council postpone passage until reviewing the Association's suggestions and giving them consideration. At the request of the PBA, and with approval of Mayor Gutenberger, Alderperson Cummings presented her response to the PBA at this time: "In American government there is a separation of powers for good reason so that we can act as checks and balances to each other. While we all work together for the good of Ithaca we each have very different responsibilities. Those of an alderperson are different than those of a police officer or PBA. It is the job and the moral duty of the PBA to speak out in eloquent support of its membership and their rights. It is the job of an alderperson similarly to speak on behalf of his or her constituents' concerns. What we abso- lLD utely share in common is the obligation to speak truthfully, and also I think more important in this case, to speak clearly so that we can each be absolutely certain what it is that we have said to LD the other. I think much of the crux of the matter lies in the-second part. We must speak' "clearly and understandably "so that what we have to say is-not something that is open to misinterpretation. I Q am sincerely sorry that perceptions held by our officers of my recent remarks has caused so much personal distress. As you can see, per- ceptions can be very strong and very destructive. Similarly, many of my constituents have been concerned by what they have believed to be true, or fear to be true. I certainly had a range of people'speak. It is my job as an alderperson to say publicly what it is that many of my constituents ask me to say. That is a very difficult thing to do. It is very difficult to stand or sit here in this room before all of you. I think my constituents have expressed a range of things to me which I absolutely would not say publicly. That is utterly inappropriate conduct for an alderperson.It would also be utterly in- appropriate if I had said 'I know,' ' I believe' that there is ob- struction in the Police Department. What I have said in every forum where I have talked directly to a person and said repeatedly is 'my constituents believe.' There is a perception there of belief on the part of many, fear on the part of others. That is true. Whether or not that fear, or in some cases that belief, is based on reality is not clear. I think it is most healthy for the City of Ithaca to clear the air. It is definitely damaging to us to have whispered rumor and innuendo because you all know you cannot confront that directly; you cannot address it. In order to have a strong, effective, respected police department we must be able to hear what it is people are saying out loud, not whispered. You never can deal with what people are saying behind your back. I'm genuinely sorry if people feel that I accuse them personally. I accuse no one. I bring to the public what it is my constituents ex- pect. Many of them are afr &id. I have spoken to appropriate and related individuals, asking them whether or not they have heard these similar rumors. For me, the first time I heard them has been in the last two months and it was shocking to me. Others said 'oh yes, for such and such a period of time I have heard it.' I felt it was my duty as soon as I heard this to speak to people involved, to approach Police Commissioners, to speak with colleagues on Council, to ask whether or not people in the Human Services Committee had heard these rumors, whether or not liaisons to the Police Commission had heard the rumors, whether or not the Mayor had heard the rumors and I also have talked to other city officials. Am I the only person hearing these things? Other people to a much lesser degree and some to a much greater degree indicated they had. That distressed me. I did not like being in the position of saying 'I -heard it but I don't 'chow .what I can do about it.' I think that what we can do about it is talk about it. I appreciate the dedication which brings all of you here tonight and appreciate Officer Saul's offer to work together to seek an answer to the questions which have been raised repeatedly by the public and which I, on their behalf, have raised." 222 -6- September 7, 1988 Members of the Common Council commented as follows: Alderperson Lytel, also a representative of the. Second Ward, reported that he had heard many of the same things as Ms. Cummings and, in fact, made his own reference to what he heard in the newspaper last week. He said it disturbed him that the response from the people who have brought them information is the unwillingness to take it to the police; he said we need to maintain the credibility of the people who give us information necessary to do something about the crime problems that they live with every day. He had his own theory as to how the newspaper had access to a letter that was not intended to be a public li document. The response from Acting Chief Pagliaro was to that docume nt He said the virtual publication of a letter which was never meant to be made public and the response to that letter has been opportunism on the part of the news media to take something that looks like a good issue and blow it way up. He thinks he and Ms. Cummings have exercised their responsibility to try to maintain the faith that they hope they have with the people they represent without in any way being accusatory toward any individual member of the department. Alderperson Killeen spoke to the point about the request to censure Alderperson Cummings. He said he cannot in any way agree to that for a number of reasons. He said he believes she was honestly and genuinely doing her job as she explained; secondly in so censuring her he would have to censure himself. Indeed, he would have to willingly see the majority of council members censure themselves for thinking the same thoughts and whispering the same things that he has heard over many years. They shouldn't have truth or creed ascribed to them, but ascribe something to the fact of the whispering. He said we have the opportunity with a new chief, the likelihood of a new PBA contract, a new mission by the police commissioners and a chance to act upon the Human Services Committee Police report of a year ago which has been on the shelf; we have a real, genuine honesty and opportunity to get down to what are the facts. He said the matter of censure is beyond the scope of his capacity. Alderperson Booth said he found the whole matter very troubling. As a member of the Human Services Committee over the last several years and a participant in the drafting of a report on the Police Department, he thinks it fair and legitimate to say there are a number of concerns about the Police Department that have been raised by many members of the public; this latest round of public discussions has taken a number of things a number of steps further. He said he didn't read or under- stand the comments to be an accusation of the police force in general, or any particular individual, but as expressing concerns. He thinks in the kind of society-we have public discussion of important issues often sensitive, difficult, is the only real way we have of getting at the truth of issues. If we stop doing that, then we severely hurt ourselves. He thinks that to censure a member of the city legislature for raising concerns which she or he believes are important simply would be an erroneous and serious step when trying to get at the truth about issues which are admittedly very difficult. Alderperson Schlather added the further dimension that the same First Amendment which governs the rights of free speech and comment allows for the comment not only as presented here this evening by Beau Saul on behalf of the PBA, but it also allows and indeed encourages the comment that has been in the press recently with respect to this prob- lem. For the Council to take any steps to chill that right he thinks will do a greater disservice to this community than to allow this dis- cussion to continue. He said his only concern is that, in fact, people have been hurt and to the extent that innocent people have suf- fered by reason of these comments he doesn't think there is a person on Council who is not sorry about that. The letter he got from Ms. Cummings which was addressed to him as chair of the B &A Committee was clearly stamped "Personal and Confidential," was personally delivered to him, was in an effort to be as discreet as possible, at least in these beginning stages, to determine exactly what could be done with respect to these perceptions and clearly they were just perceptions. However, it has now become a topic of public debate; it is now in the public arena; it cannot be simply swept under the rug. He thinks the 223 -7- September 7, 1988 Council as a body should either put the rumors to rest once and for all through constructive action as opposed to destructive action and get on with the very important task of protecting our fundamental laws including the First Amendment, the right of free speech. He said that although he appreciates the debate at this junction, which certainly wasn't anticipated at the beginning, he is not inclined to chill that in any respect through such a vehicle as' censure or other device. Alderperson Romanowski expressed concern for the context in which the remarks were taken. He said that even though he doesn't agree with Susan Cummings a lot of times, he does not believe she did this in a spirit of meanness. He said during the five years he has been on the Council, working with various committees and individual police officers, he doesn't think anywhere in this country they could find a more dedi- cated police department than the one we have. By and large he believes this is a great police department, there are outstanding individuals who work in it to give of their time, sacrifice family and other things we take for granted. He said he looks for great things happening with the new chief coming in; He expressed appreciation of Deputy Chief Pagliaro's dedication, twice stepping in and helping out the City of Ithaca. He said he had complete faith in the Police Department; he wishes they would look at this issue a little closer; it is innuendo LD but they are from the public. Whether malicious or the public believes it, to make this an even better department we have to put the issue M to rest, once and for all. Q Alderperson Peterson added her support because it is the only way they can go. As chairperson of the Human Services Committee who deal with many of the police issues, she thinks they have to work together, even though it may be a little difficult the first few months. She feels the best way to start that out is to state support for the Police Department. Alderperson Hoffman said he understands that the events of the last week or so have produced very strong feelings; he also sees that the events of the past few years - the increase in the crime rate, concern about drug abuse and drug sales in our community have also raised strong feelings. He thinks it is unfortunate the way these concerns have come out and he is very sorry that it has caused personal pain for the individual city employees. He hopes, that in spite of these strong feelings which need to be brought out, we don't get distracted from the genuine problems that we all agree exist in our community. He said we should express our opinions and then get to work on these other issues. He made a plea to the community and perhaps those responsible for the remarks that Susan and David made, if they have any shred of evidence or facts or leads that would point to genuine wrongdoing they must bring those to people who can act on that - to members of Common Council, judges or someone they trust. Otherwise they remain rumor and innuendo; they are very destructive and the air cannot be cleared. Alderperson Johnson said that almost every Council member has probably sat in some meeting when a member of our police force has been commended. We have all been proud to be a friend or neighbor of such a person and to have such a person in our community. We are also aware that we have a lot of difficulties and problems in our community. Ile said he didn't have all the information but thinks that the events of the past two weeks create a very sad situation. Right now we have to continue to look for the way we can get past this point and stop pointing the finger at either the Police Department or the Council and seek a way that we can make our city safe. Alderperson Nichols commented that none of these allegations regard- ing the Police Department have come to him so he was amazed when he read the letter from Susan. If there is truth behind that it is very shocking and he would agree that it is important to pursue that and put these innuendos aside. He is hopeful that they are innuendos and have no basis in fact. He said in his contacts with the police force he has absolutely nothing to complain about and feel that they are doing the job to the best of their ability. He said over the years he had perceived problems with the Ithaca police force, not the officers, but a less than perfect administration from the top. 224 -8- September 7, 1988 Certainly over the last year with chiefs leaving and coming on, it can't be a very good situation to get the kind of program going that we should have. He thinks with an airing in a proper way of the allegations now that they have been published, and put to rest we can go on with what has to be done. He added that though he respects Susan Cummings' intentions in this letter, he didn't think she went at it in the right way. He certainly doesn't think that means censuring, he has probably done things in the wrong way himself. He said they have to recognize as elected officials that they have a very special obligation to the people who work for the city, not only the police but the Department of Public Works and all others, that they are more than just individuals expressing the First Amendment rights when they bring forth or put into position of pain or distress people who work for the city of which they are the officials. They have a very special obligation as to how they pursue questions of this sort. The thing to do now is to go on together, hopefully in a constructive way. Mayor Gutenberger reiterated what he has said since this issue was brought forth publicly - if there is anyone in this community who has perceptions, has facts, has rumors, anything, if they would please come forward. If they don't feel comfortable in going to a police commissioner who is a representative of the community, or an alderperson who is a representative of the community, then they should come to his office. If there is any information we have to know it, the public demands to know it and most importantly, the officers of the Ithaca Police Department demand to know if there are allegations out there that they be made public and give the oppor- tunity to discuss those things. So far no one has come forward. To the family members of the Ithaca Police Department present, we in this community and certainly in this administration of mine understand and appreciate and are proud of the efforts that your spouses are doing. We have an excellent Ithaca Police Department, it is one that this community can take pride in. If there are things we should know, Mayor Gutenberger thinks the first people on the line that would be demanding that something be done about any problem is the PBA. To the family members he said the community is aware of the act of the dedication your spouses give to this community. Recess The Council recessed at 9:25 p.m. and reconvened in Regular session at 9:40 p.m. Ken Hughes, 303 East Court Street addressed the Council, telling them that while most members of Common Council were trying to make up for the bad things they had said about the Ithaca Police Department, one member of Common Council said a bad thing about everybody in his pro- fession which is reporters. Alderman Lytel referred to journalistic opportunism which he thinks is responsible for Ms. Cummings' comments so Mr. Hughes said he would like to fill them in on how exactly Cable News Center 7 came to hear about it and also what he knows about how the Grapevine picked up on it. He said they heard about it interest- ingly enough first through the Ithaca PBA, not because they wanted to spread Ms. Cumming's comments but because Ms. Cummings made her comments to the candidates for the Chief of Police here in Ithaca. John Beau Saul of PBA told them what he feared was those candidates would then go back to their communities and, like human beings, talk and what the would say is that in Ithaca there is corruption and thus the rumors would spread. That's how he heard about it first. He said he under- stood the Grapevine article which was the first public airing of these charges was done basically from an on- the - record interview with Ms. Cummings. This talk about a secret letter was news to him. He said he hasn't personally been following this story for his news organiza- tion but he did know how they picked up on it. So, here is what a reporter does when confronted with this kind of information. When you hear that Ms. Cummings had been saying some things to some people what you do is you go and you ask Ms. Cummings about it. That's what we do. When you hear that Ms. Cummings is sending a letter to various people on Common Council saying something 225 -9- September 7, 1988 about the Ithaca Police Department you go and try to find the letter. This is not journalistic opportunism; this is journalistic responsi- bility. This is what the 're paid to do. Go to the source; get to the fact. He said he was not accustomed to speaking in public; all reporters are not accustomed to speaking in public in that way. Because they don't speak politicians and community groups often blame problems that they have caused on them. Tonight he was tired of it; tonight he decided to speak. Doria Higgins, 2 Hillcrest Drive, member of Citizens To Save Our Parks, spoke to the Council, telling them they have been misinformed in some instances about the situation concerning the possible trans- fer of the Festival Lands at Cass Park to the Treman Marina; she provided copies for filing of the April 6, 1983 Resolution of Common Council, the January 2, 1985 Resolution and page 2 of the March 21, 1985 License signed by Mayor Gutenberger and Andrew Mazzella of State of New York Office of Parks Recreation and Historic Preservation. She said her group think that these three documents read together show either a lack of understanding on the part of those involved in writing them or else an attempt to urge Common Council to act on in- LO complete information. They think all further action on this matter ,q should be scrutinized with care. LO Ms. Higgins added that the Group would like to support the resolution from the Conservation Advisory Council that a park be created at the M site of the old sewage plant. However, it would not be acceptable Q for the city to offer as substitute land for Inlet Island Park. More Parks is what we need, not less. Will Burbank, 222 Utica Street, responded to some of the comments made by Mr. Wexler regarding the proposed Smoking Ordinance. He thinks their comments are very late and unfortunately, poorly timed. He disagreed with Mr. Wexler's statement that it should not be necessary to have a totally separate and enclosed room in order to permit smoking in part of a food service establishment. Addressing the issue of uniformity on the state level. he said a classic response when you don't want some kind of legislation is to say, "it's a good idea but it ought to be done at another level of jurisdiction." Mr. Burbank encouraged the Council to act that night to go with the very well thought out and carefully pondered proposed ordinance. If it needs to be amended at a later date, fine. Larry Church, owner and operator of Joe's Restaurant and Plum's Restaurant, informed the Council he has in his employ approximately 100 people with a payroll of $750,000 per year. He said if the proposed Smoking Ordinance were enacted it would seriously affect their jobs in that he believes many of their services would have to be cut back or curtailed. Consequently there would be loss of em- ployment. He said he didn't think the law should be passed that evening. He added that we live in a free society where the free market system prevails. If people would like to exercise a choice of going to an establishment having a non - smoking policy, let them do so and let the free market see if that, in fact, will prevail. He recalled that both New York State and the federal government have considered bans very similar to this. Neither of those bodies chose to enact them because they felt that there was a very difficult (400" problem with their standing any scrutiny from the courts. He said he happens to agree that this violates many rights and that if Council enacts it they will get the city into a lawsuit that will be both costly and unwinnable by the city. Florence Hoard, 42 Cornell Street, addressed the Council saying her neighborhood is concerned because Bus #5 is no longer serving their area. She said the bus is very essential to them and they would like to have another try at having the bus again. David Reuther, 1191 East Shore Drive, spoke saying he hoped that nothing he or anyone else has said tonight distracts us from a very 226 -10- important issue. Public confidence in the need to resolve this. Ithaca does have a growing one. If we don't get underway in way we are in trouble. He hoped this can not just accusing each other. We need to September 7, 1988 police is essential; we drug problem, it's a a unified non - accusatory be settled and people are work together. He said he was in Stewart Park a couple of weeks ago and noticed that some small changes are happening. There is new equipment but he noted there is no Interim Parks Commission which was supposed to take care of Stewart Park. He thinks the preservation of the buildings should be done soon. He noted there would be discussed that night an emergency over -the- tracks, over - the -canal access in the South End. He thinks this is a great idea. However, the population growth seems to be in the North End, the Lansing side. Not to say that he doesn't approve, he hoped the proposal would go ahead but he thinks they may also need an overpass downtown. Regarding the Developer Impact Fee Program, he suggested the Council consider that every parking space required in a development, the developers. be charged a fee equal to the real cost to the city of providing that parking space. He said it will probably have to be in a parking structure at this point as there simply isn't any open land. Betsy Darlington, chairperson of the Conservation Advisory Council, welcomed back City.Clerk Paolangeli. Ms. Darlington urged support from the Conservation Advisory Council that the old sewage treatment plant site be designated as a neighbor- hood park which would serve not just the North Central Neighborhood but the Fall Creek Neighborhood and other areas. She said it appears that there is a tremendous need for parks in the area. Valerie McDougal, 315 South Albany Street, commented on the lack of affordable housing and she urged Council to do something more for parks because when she can no longer afford a home in the town she would like a choice of places to sleep in. RESPONSE TO THE PUBLIC: Bus #5 In response to the issue of Bus #5, issue is before the Board of Public meeting earlier that day. There is back to the old situation, being su, alderperson would be talking to the Alderperson Nichols said the Works. It was discussed at their a possible change, not completely 4gested; he said he assumed the people about it. North End Master Plan Alderperson Cummings spoke with regard to Northside parks integration of park planning into anything going on in the North End, Watts Lot, city -owned site. It is something that Planning and Development Committee has talked about and they need at this point to decide how rapidly they are going to go ahead with the North End Master Plan. She said there are amenities in there that need to be enhanced and can provide recreational opportunities in a mixed use fashion. COMMUNICATIONS FROM THE MAYOR: Route 96 Mayor Gutenberger reported that he was notified the previous week that, in fact, the documents have been signed by the Federal Highway Administration in Washington, D.C. which will allow the process to go forward. He said he received a call that day from the Regional DoT that they had, in fact, seen the signatures. The DEIS will be back from the printer, available to be distributed to the public in about 4 -6 weeks, or about mid - October. Public Hearing(s) as nece- ssary will be held in mid - November followed by an additional month for the public to get written comments to the DoT. 227 -11- September 7, 1988 MAYOR'S APPOINTMENTS: Assistant City Attorney Mayor Gutenberger requested approval of Council for the appointment of Margaret Beers Schnock, 18 Dug Road, Lansing, N.Y., as Assistant City Attorney, to replace Jennifer Saunders who left the community, for a term of office to expire December 31, 1989. Resolution By Alderperson Killeen: Seconded by Alderperson Peterson RESOLVED, That this Council approves the appointment of Margaret Beers Schnock as Assistant City Attorney for a term of office to expire December 31, 1989. Carried Unanimously Ms. Schnock took the Oath of Office and was sworn in by City Clerk Paolangeli. T.V. Cable Commission Mayor Gutenberger requested approval of Council for the appointment of Richard Herskowitz, 6 Hillcrest Drive, to the T.V. Cable Commis- LO sion, to replace Betty Burke, for a term of office to expire July 30, d- 1993. He noted this appointment requires a waiver of residency LO requirement. Resolution M By Alderperson Nichols: Seconded by Alderperson Killeen Q RESOLVED, That this Council approves the appointment of Richard Herskowitz to the T.V. Cable Commission for a term of office to ex- pire July 30, 1993, residency requirement waived. Carried Unanimously Board of Zoning Appeals Mayor Gutenberger requested approval of the Council for appointment of Beatrice Mac Leod, 957 East State Street, to the Board of Zoning Appeals, to replace Stewart Schnock, for a term of office to expire December 31, 1990. Resolution By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED, That this Council approves the appointment of Beatrice Mac Leod to the Board of Zoning Appeals for a term of office to expire December 31, 1990. Ayes (9) - Booth, Hoffman, Johnson, Killeen, Lytel, Nichols, Peterson, Romanowski, Schlather Nays (1) - Cummings Carried Records Management Officer Mayor Gutenberger informed the Council that the New York Local Government Records Law requires the City to appoint a records management officer by December 31, 1988, appointment subject to approval of Common Council. The Mayor requested approval of the Council for appointment of Callista F. Paolangeli, City Clerk, as the Records Management Officer of the City. Resolution By Alderperson RESOLVED, That F. Paolangeli Ithaca. Romanowski: Seconded by Alderperson Peterson this Council approves the appointment of Callista s the Records Management Officer of the City of Carried Unanimously Official Band of the City Mayor Gutenberger requested approval of Council for appointment of the Ithaca Concert Band as the official band of the City. Resolution By Alderperson Romanowski: Seconded by Alderperson Schlather WHEREAS, the City of Ithaca has a long tradition of enjoyment and support of music performed by our local community bands, and 22 -12- J��Pirn,,6.t_7, 1988 WHEREAS, Ithaca was the home of the world famous Patsy Conway Band which not only performed music but also provided the public with an uplifting cultural education, and WHEREAS, today the Ithaca Concert Band carries on this rich band tradition, preserving a link with the past and a valuable cultural institution, and WHEREAS, the Ithaca Concert Band performs to enthusiastic and appreciative audiences at formal winter concerts as well as outdoor summer performances; now, therefore, be it RESOLVED, That in recognition of their outstanding contributions to the musical heritage of this community the Ithaca Concert Band is hereby designated as The Official Band of the City of Ithaca. Carried Unanimously Ithaca Police Chief Mayor Gutenberger requested concurrence of Council for appointment of Harlin Mc Ewen, 422 Winthrop Drive, to the position of Police Chief, effective October 24, 1988, and approval of salary at $49,940, maxi- mum of the salary range. Mr. Mc Ewen was recommended for appointment by the Police Chief Search Committee of Common Council who found him to be the most qualified candidate of the five candidates who were being considered. Mayor Gutenberger commented that Mr. Mc Ewen is an outstanding individual and will serve this community extremely well and he feels the city is very fortunate to have a person of this caliber consider the position. He added that all five candidates were excellent candidates from which to choose. Resolution Calling for Executive Session By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Council adjourn into Executive Session for discus- sion of a personnel appointment. Carried Unanimously The Council adjourned into Executive Session at 9:15 p.m. and recon- vened in Regular Session at 9:35 p.m. Resolution By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, Harlin R. Mc Ewen has been recommended by the City of Ithaca Police Chief Search Committee and by Mayor John C. Gutenberger as the person most qualified to fill the vacant position of Chief of Police; now, therefore, be it RESOLVED, That Harlin R. Mc Ewen is hereby appointed to the position of Chief of Police for the City of Ithaca, effective October 24, 1988, at an annual salary of $49,940. Carried Unanimously J Alderperson Schlather expressed agreement with Mayor Gutenberger and commented that this is a very good opportunity for the city to mend fences. The city has a tremendous opportunity in Chief Mc Ewen assuming this very important position. He is a top -notch administrator, comes highly recommended and most importantly, he is able to work with the community and rally the loyalty of his officers which is most important at this difficult time. Mayor Gutenberger expressed his and the community's gratitude to Walter Pagliaro for again jumping into the.void of not having a police chief and fulfilling not only his own, but the additional duties of the chief as well. He said Walter Pagliaro had done one fantastic job for the community. CITY ATTOENEY'S REPORT: Sears Street Demolition Permit Alderperson Cummings asked City Atty. Nash if he had had a chance to discuss the request for a Sears Street demolition permit that they talked about earlier that day. He responded that the permit has not been granted yet. The applicant was in sometime the previous week 229 -13- September 7, 1988 to reactivate the permit application that was filed more than a year ago. He said it seemed appropriate to him to have the same waiting period as a new application. He thinks the Building Commissioner is in accord with the normal waiting period of 10 days. Alderperson Lytel asked if there is any legal way to prevent the demolition and Atty. Nash said there isn't. Wilcox Property Alderperson Killeen asked about the Wilcox property at 708 E. Buffalo Street which appears to continue to be occupied. City Atty. Nash responded that it is his understanding that there has not been compliance with the Building Commissioner's order to Jason Fane, owner of the property. He said they discussed legal enforcement of that order the previous week. Currently the City Attorney's office is in the process of drafting accusatories in'City Court for violations of the Building and Zoning Codes. Responding to Alderperson Killeen concerning the penalty, Atty. Nash said the LO City Code provides a $250 -500 fine and each day can be considered a separate violation of the Code. LO Mayor Gutenberger said that even though it was not the order of the agenda, they would take up items concerning the "Pogo" parcel and M the proposed Smoking Ordinance first. In addition, Alderperson Cummings requested the Intergovernmental Relations Committee item Q and the Establishment of the Ithaca Rental Housing Task Force be taken up early. CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending the Zoning Map of Chapter 30 Entitled Watts Lot /Pogo Parcel By Alderperson Booth: Seconded by Alderperson Schlather BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING ZONING MAP 1. That the "Official Zoning Map of the City of Ithaca, New York, as last amended, is hereby amended and changed so that all that tract or parcel of land within the following described area presently located in the B -2a, Business District is reclassified and changed to the R -2b, Residential District. A. Beginning at a point on the northwest corner of tax parcel number 25 -3 -1, thence northeasterly a distance of approximately 264 feet along the south boundary of the right -of -way of Franklin Street to a point on the northeast corner of tax parcel number 25 -3 -1, thence southeasterly a distance of approximately 325 feet along the west boundary of the right -of -way of Lake Avenue to a point on the southeast corner of tax parcel number 25 -3 -1, thence southwesterly a distance of approximately 269 feet along the north boundary of the right -of -way of Adams Street to a point on the southwest corner of tax parcel number 25 -3 -1, thence northwesterly a distance of approxi- mately 330 feet along the east boundary of the right -of -way of First Street to the point of beginning. The above described area includes all of tax parcel number 25 -3 -1. 2. That in accordance herewith the City Clerk is hereby directed to make or cause to be made the necessary changes on said zoning map. SEC`T'ION 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. Alderman Schlather commented that Mr. Paolangeli has offered the olive branch in respect to this parcel and he doesn't think that should go unheeded. He thinks by this action it shouldn't be con- strued in any way as a declination to deal. He thinks the city is 230 -14- September 7, 1988 very anxious to work with any owner of that property or any developer of the parcel in a manner that is consistent with and compatible with neighborhood concerns and plans. The city has a stake there as well - the old sewage treatment plant site. Alderperson Nichols said he would support plans that do not neces- sarily conform specifically with R -2b in the future as a means of getting the city's position in negotiations which he hopes will be cooperative in developing a plan and which will, he hopes, lead to some kind of affordable housing in the area. Alderperson Cummings said she shares Alderperson Nichols' concerns for being able to provide affordable housing in that area as well as many of the other community requests for open space, green space, parks, possible mixed use, possible offices, etc. She thinks the Council should move forward and say exactly what it is they want and do it with dispatch. Alderperson Romanowski expressed disappointment at the withdrawal of the proposals which he thought were exciting, had merit and should have been discussed further; also, that the R -2c zoning propositions never came to pass. He is also disappointed that in a city which needs all kinds of diversified housing sometimes he heard "not in my neighborhood" syndrome. He asked, "what is afford- able housing? That term has never been defined for me and I can't get a grasp on it. Mr. Paolangeli has been both a personal friend and also someone that I explicitly trust on his business dealings. I wish to work with him; I had hoped they would come up with some- thing that would be beneficial for both the community and this city." Alderperson Lytel commented that the situation has been described accurately as a stand -off for quite some time with bringing it to Council and consistently tabling it. He thinks there was a reason behind that and the feeling was that by immediately going to R -2b that it would stand in the way of being able to bring forth a housing proposal that would put housing in that space that would not necessarily be consistent with R -2b. He said some new things have happened. The city is considerably closer to having the old sewage treatment plant land available; they have on their list of planning priorities the consideration and master planning of a broader area than just this particular parcel. They had, in fact, on their agenda that night "cluster subdivision process" which they didn't have before. He thinks it critical that the city continue to work cooperatively on the development of the Northside site. There is adequate space on the entire parcel to include a park component in addition to housing. A vote on the resolution resulted as follows: Ayes (8) - Booth, Hoffman, Johnson, Killeen, Lytel, Nichols, Peterson, Schlather Nays (2) - Cummings, Romanowski Carried Environmental Review Regarding Proposed Smoking ordinance - Determi- nation of Non - Significance By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, the matter of the adoption of an ordinance regulating I-sj smoking in public places is currently under consideration by this 'Common Council, and WHEREAS, appropriate environmental review has been conducted, in- cluding the preparation of a Short Environmental Assessment Form (SEAF) and a Long Environmental Assessment Form (LEAF), and WHEREAS, it appears that the proposed action is an "unlisted" action under the State Environmental Quality Review Act (SEQR), including the Part 617 regulations thereunder, and may be a Type I action under the City Environmental Review Act (EQR Section 36.5 (B) (5)), and WHEREAS, it appears that the proposed action will not have a signifi- cant effect on the environment; now, therefore, be it 231 -15- September 7, 1988 RESOLVED, That this Common Council, as lead agency in this matter, be and it hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form and Long Environmental Assessment Form, 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 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 (000." negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk's office and forward the same to any other parties as required by law. Carried Unanimously Proposed Smoking Ordinance Alderperson Booth provided the background of the proposed ordinance. By Alderperson Booth: Seconded by Alderperson Schlather Ln (Copy of Ordinance attached to the Minute Book ) Mayor Gutenberger thanked the committee for all the work they have M done on the proposed ordinance. He commented, however, that he Q continually receives questions from the public that despite the committee's efforts, the public at large does not understand what the proposals are. He said that concerns him. The other concern is that by reaching out to the Restaurant Association for their continents and the fact that they had received them tonight, he thinks they should at least take the time to review those comments before passing the ordinance. He asked the Council to table the proposed ordinance for 1 additional month. Alderperson Schlather commented that there is plenty of time from the effective date of October 15, 1988 to the enforcement date of April 15, 1989 for everybody to try to understand the law and to take whatever corrective action is necessary to ensure compliance. He said he would not support a motion to table. Tabling Resolution By Alderperson Lytel: Seconded by Alderperson Cummings RESOLVED, That the proposed Smoking Ordinance be tabled for one month for further questions and comments from the public and review of Mr. Wexler's suggestions. Ayes (4) - Cummings, Nichols, Johnson, Lytel Nays (6) - Schlather, Peterson, Killeen, Booth, Hoffman, Romanowski Motion Defeated Amendment to the Smoking Ordinance By Alderperson Romanowski: Seconded by Alderperson Killeen Additional Conditions for Granting Waiver RESOLVED, That the following subdivision be added to Section 67.10: A Waiver may be granted pursuant to the provisions of this section to permit smoking in a place where this ordinance would otherwise (4000, prohibit smoking, if the owner, operator, manager, sponsor or person in charge of that place demonstrates that a ventilation or electronic air cleansing system with odor removing filters installed at that location will remove at least 900 of the smoke and associated gases from that place on a continuing basis. (Industry standards are: 100 -299 cubic feet per person - 8 -10 changes per hour; 300 -499 cubic feet per person - 6 -8 changes per hour; 500 or more cubic feet per person - 6 -8 changes per hour; Metal Lab Environmental Systems.) 232 -16- September 7, 1988 Discussion followed on the floor. A vote on the amendment resulted as follows: Ayes (5) - Romanowski, Cummings, Lytel, Nichols, Killeen Nays (5) - Schlather, Johnson, Booth, Peterson, Hoffman Mayor Gutenberger voted Aye, breaking the tie vote. Carried A vote on the main motion as amended resulted as follows: Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: Annex Sale Negotiations - Report Alderperson Cummings reported that the committee met twice, three members of the committee present each time. There were 4 items of concern as put forward by the Council at the Council meeting establishing the negotiating committee. To the committee's satis- faction they basically solved the first three items dealing with prohibitions against immediate resale of the annex; insure the tandem nature of the project including the annex and adjacent building; question of financing contingencies. Item #4 which had to do with price - there has been movement, some progress has been made; the members of the committee received a letter as did the Mayor and Paul Mazarella. Alderperson Schlather commented that his assessment of this is that the negotiations are not going to produce the result that is satis- factory and that the Council ought to send this back to committee.to develop a specific set of criteria that they wish to include in a bid request; then they should readvertise and bid it. He thinks they are fooling themselves and will simply be wasting another month if they do otherwise. Alderperson Killeen asked what they can do now; City Atty. Nash responded that they can do anything they want to as long as they sell it for full value. He said they are not bound to any particular process. Mayor Gutenberger commented that he personally would oppose very vigorously any mechanism that considers proposals that came in after an advertised deadline. The city's credibility is at stake here. The City of Ithaca offered at public sale a piece of property owned by the public with an upset price with a number of conditions attached for people to respond to in their proposals. They went through that process. He said he thinks it's highly immoral and unethical once the amount of the bid submissions were made public for those who want to bid higher to have the opportunity to come in after everybody else has met the deadline and made their bids known publicly. The city's integrity is at stake here. Alderperson Romanowski agreed with Mayor Gutenberger that the City would be allowing people to gain by not going through the process. D Alderperson Schlather said he thought words like immoral and integrity are awfully strong words to describe this situation. He thinks the city invited proposals; didn't know that they wanted done with this building; they weren't sure; they knew they wanted to sell it, that was the only thing they knew. So they invited people to make pro - ,posals. Hence they got a bushel basket of apples, oranges and pears, with respect to the buildings and the conditions that were originally presented. They made it very clear that they reserved all rights to reject any and all proposals. There is nothing unethical or immoral; they're dealing here with business people who understand how the world works. In this particular case he thinks the city has bent over back- wards with this particular proposal and commented on the bid procedures. He said they have learned something from this experience and what they've learned is that now they know what the market is and can now draft the parameters of an offer, noting the conditions of sale, put into it the bid document, request people's proposals and not do anybody a disservice. 233 -17- September 7, 1988 Mayor Gutenberger countered that the time to set the price and exercise their fiduciary responsibility was the time they did set the price. Obviously this Council decided the minimum price they would sell it for was exercising their fiduciary responsibility. Alderperson Booth echoed what Alderperson Schlather and City Attorney Nash said, that this is a bargaining process; they amended the law to give them the authority to go out and make a decision on selling it to a person that, in addition to full value, met other criteria which they set. He doesn't see that they're doing anything that's incon- sistent with that. The reality is that they are considering pro- posals now that are very different from the criteria they laid out. He thinks the Mayor characterizes this incorrectly. Alderperson Nichols commented that he expected a committee report but they seem to have individual comments. He would like a committee recommendation. Alderperson Cummings responded that the complete committee has not gotten back together after receiving the communication and suggested LO the committee do that. Iq (o Mayor Gutenberger said he would not allow committee work on the floor. The issue is in committee and he hoped the committee would continue M to work and bring this to a conclusion somehow with a recommendation. Q PLANNING AND DEVELOPMENT COMMITTEE: Establishment of the Ithaca Rental Housing Task Force By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, two - thirds of Ithaca's housing is rental housing, and RESOLVED, That a Task Force on Rental Housing be established which shall be charged with performing the following tasks: 1) to provide a forum for the discussion of rental housing issues by all parties with an interest in those issues, 2) to investigate current local conditions and trends with regard to the cost, availability and condition of rental housing, 3) to investigate issues relating to landlord /tenant relations, fair housing practices and rental housing occupancy require- ments, 4) to investigate possible actions that might be undertaken by either private organizations and /or public agencies, to improve rental housing conditions in the City of Ithaca, 5) to make recommendations to the Common Council concerning the implementation of actions that are designed to address rental housing concerns, including specifically the forma- tion, construction, stipulated authority, and staff support of a Rental Housing Board, 6) to review and make recommendations about any other rental housing concerns that the Task Force determines is important, and be it further RESOLVED, That said Task Force shall report its recommendations to Common Council by no later than six months after its first meeting, and be it further RESOLVED, That the members including the Chair and Vice -chair of the Rental Housing Task Force shall be appointed by the Mayor with the approval of Common Council, and be it further WHEREAS, issues relating to the condition, affordability, and availa- bility of rental housing has been a major concern in the City of Ithaca, and WHEREAS, currently there is no public agency with specific authority over rental housing issues, policies, and procedures, now, therefore, be it RESOLVED, That a Task Force on Rental Housing be established which shall be charged with performing the following tasks: 1) to provide a forum for the discussion of rental housing issues by all parties with an interest in those issues, 2) to investigate current local conditions and trends with regard to the cost, availability and condition of rental housing, 3) to investigate issues relating to landlord /tenant relations, fair housing practices and rental housing occupancy require- ments, 4) to investigate possible actions that might be undertaken by either private organizations and /or public agencies, to improve rental housing conditions in the City of Ithaca, 5) to make recommendations to the Common Council concerning the implementation of actions that are designed to address rental housing concerns, including specifically the forma- tion, construction, stipulated authority, and staff support of a Rental Housing Board, 6) to review and make recommendations about any other rental housing concerns that the Task Force determines is important, and be it further RESOLVED, That said Task Force shall report its recommendations to Common Council by no later than six months after its first meeting, and be it further RESOLVED, That the members including the Chair and Vice -chair of the Rental Housing Task Force shall be appointed by the Mayor with the approval of Common Council, and be it further 234 September 7, 1988 RESOLVED, That the Task Force shall report regularly to the Planning and Development Committee of Common Council on its activities, pro- gress, and needs, and be it further RESOLVED, That the Task Force shall have nine voting members of whom at least four shall be renters, and to the extent feasible shall in- clude: 1) tenants or representatives of tenants' organizations 2) tenants or advocates of subsidized housing (IHA, EOC, INHS, DSS, Mental Health, Red Cross, Homeless) 3) a student tenant 4) a member or advocate of the senior citizens' community 5) a rental housing property owner or property manager 6) a realtor or mortgage officer from the banking community 7) a member of organized labor 8) a member of the Planning and Development Board 9) a member of the Planning and Development Committee of Common Council 10) a member from a neighborhood civic association, as feasible. Carried Unanimously CHARTER AND ORDINANCE COMMITTEE: An Ordinance Amending Section 30 25, District Regulations, of Chi 30 Entitled 'Zoning' of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson ,icn.iacner (Copy of Ordinance attached to Minute Book ) A Local Law Pertaining to Failure of Adjoining Sidewalks: Local Law Laid on Table for Counci By Alderperson Booth: Seconded by Alderperson Carried Unanimously Landowners Action Schlather LOCAL LAW NO. OF THE YEAR 1988 CITY OF ITHACA to Repair A LOCAL LAW AMENDING ARTICLE 5, SECTION 5.27(2), ENTITLED "SIDEWALKS, CONSTRUCTION, AND REPAIR" OF THE CITY OF ITHACA CHARTER. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SUBDIVISION 2 OF SECTION 5.27 OF THE CITY OF ITHACA CHARTER. Article 5, Section 5.27(2) of the City of Ithaca Charter is hereby amended to read as follows: 2. Duty of Owner The owner of lands abutting any such street, highway, alley or other public place in the City, shall construct, repair and maintain the sidewalks, approaches or street driveways adjoining his lands and shall keep the same in a safe state of repair and free from defects and free and clear of and from snow, ice and all other obstructions. Isil Such owner shall be liable for any injury or damage by reason of omission, failure or negligence to make, maintain or repair such side- walk and keep it free from defects or to remove snow, ice or other ' '/obstruction therefrom or for a violation or non - observance of any ordinance or regulation relating to making, maintaining and repairing sidewalks and keeping them free from defects and the removal of snow, ice and other obstructions from sidewalks, approaches and street driveways. SECTION 2. EFFECTIVE DATE This local law shall take effect immediately after filing in the office of the secretary of state. 235 -19- September 7, 1988 Discussion followed on the floor. Alderperson Nichols pointed out that the issue was raised as to problems that might arise on sidewalks in which the city plows snow back onto the sidewalk after the homeowner has cleared the sidewalk. This was brought up at the Board of Public Works meeting. It was stated that it is the policy of the city to clear such sidewalks and Jack Dougherty was to provide that in writing. A vote on the resolution resulted as follows: Carried Unanimously A Local Law Pertaining to Designating Employees of the Department of Public Works to Enforce Parking Regulations: Local Law laid on table for Council action By Alderperson Booth: Seconded by Alderperson Schlather LOCAL LAW NO. OF THE YEAR 1988 LO CITY OF ITHACA Iq A LOCAL LAW AMENDING CHAPTER 60 OF THE MUNICIPAL CODE OF THE CITY (D OF ITHACA TO ENABLE DESIGNATED EMPLOYEES OF THE DEPARTMENT OF PUBLIC WORKS TO ENFORCE PARKING REGULATIONS OF THE CITY OF ITHACA AND THE M STATE OF NEW YORK Q BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. ADDING SECTION 60.49 TO THE MUNICIPAL CODE OF THE CITY OF ITHACA. A new section 60.49 entitled "Enforcement of Parking Regulations'! is hereby added to Chapter 60 of the Municipal Code of the City of (Wool Ithaca entitled "Traffic and Vehicles," Article IV thereof, entitled "Parking, Standing and Stopping" to read as follows: Section 60.49 Enforcement of Parking Regulations Employees of the Department of Public Works of the City of Ithaca duly designated by the Board of Public Works as Parking Regulations Enforcement Officers shall be authorized to issue appearance tickets for violation of any provisions of Article IV of Chapter 60 of the Municipal Code of the City of Ithaca and for violation of any pro- visions of Article 32 of the Vehicle and Traffic Law of the State of New YORK. SECTION 2. EFFECTIVE DATE This local law shall take effect immediately after filing in the office of the Secretary of State. City Atty. Nash responded to questions of what they could do: In addition to meter work, no parking areas, blocking a driveway, hydrants - just parking violations, citywide, including night time, if Council decides on this. A vote on the resolution resulted as follows: Carried Unanimously (6wo., Local Laws Authorizing the City of Ithaca to Establish, Own, and Operate Public Utility Services and to Hold a Public Referendum on Said Local Laws: These Local Laws laid on table for Council action Resolution Regarding Consideration of Local Law By Alderperson Booth: Seconded by Alderperson Nichols WHEREAS, Federal Law encourages the construction of Hydropower facilities by both public and private developers, and the City of Ithaca, due to municipal preference, has received a permit to develop hydropower on Fall Creek at Ithaca Falls, and WHEREAS, construction must begin by September 1991 and be complete by September 1993 in order to be in compliance with this permit, and 23 f) -20- September 7, 1988 WHEREAS, Ithaca Falls is valuable to Ithaca residents and visitors for its scenic beauty, fishing, rare plants, and historic signifi- cance, and WHEREAS, maximizing environmental protection is of paramount concern in the development of hydropower at this site and the City of Ithaca wishes to control development in order to maximize environmental protection, and WHEREAS, development of hydroelectric power at this site is a source of long -term revenues for the City, and WHEREAS, hydroelectric power is a clean, renewal energy source, and WHEREAS, the final version of the local law was placed on the desks of the Common Council members on August 30, 1988; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca considers adoption of the local law and upon adoption of said local law that the City Clerk be directed to publish this local law in the Ithaca Journal in accordance with Section 360.5 of the General Municipal Law, once per week for the six weeks immediately preceding the next General Election, and That the City Attorney is hereby directed to submit, within ten days, an abstract of this local law and a proposition to the local Board of Elections in order that it might appear on the ballot for the next General Election. LOCAL LAW NO. OF THE YEAR 1988 CITY OF ITHACA A LOCAL LAW AUTHORIZING THE CITY OF ITHACA TO ESTABLISH, OWN, AND OPERATE PUBLIC UTILITY SERVICES - ITHACA FALLS BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. The City of Ithaca, Tompkins County, New York is hereby authorized to establish, own and operate public utility service systems within and /or without its territorial limits for the purpose of furnishing to itself, or for sale to other electric service pro- viders and for compensation to its inhabitants or inhabitants of any other local jurisdiction in the State of New York, any service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law. Notwithstanding any general or special law, pursuant to the provisions of subdivision 2 of Section 360 of the General Municipal Law, said City may construct, lease, purchase, own, acquire, use and /or operate any public utility service within or without its territorial limits for said purpose. SECTION 2. The proposed method of providing such public utility service system is by purchasing and /or condemning real property and/ or water power rights at the following site and constructing and operating hydroelectric generating and distributing facilities at said site and by purchasing and /or condemning property and /or property rights sufficient for the necessary transfer and /or distribu- tion of the electric power generated by hydroelectric facilities at such site for sale to other electric service providers and /or the inhabitants of the City of Ithaca and any other local jurisdictions in New York State or for furnishing to itself said power. Said authorization shall include authority to take any of the afore- mentioned activities in combination with other public and /or private entities. Hydroelectric Power Site: The proposed Ithaca Falls Hydroelectric Project is located on Fall Creek in the City of Ithaca. The proposed project will reharness the water power that originally provided 237 -21- September 7, 1988 mechanical power for several mills in the early 1800s. The project will utilize the existing dam, intake tunnel and raceway /floor, but will require two new intake structures, penstock, powerhouse and tailrace. The existing dam is a concrete structure on bedrock approximately 5 feet high, 140 feet long and is located 115 feet upstream of Ithaca Falls. The existing intake structure is located approximately 15 feet upstream of the dam. Alderperson Booth recommended, because of the two -year extension and Ln opinions on both sides, delayingthis and not going forward for a year. I' Alderperson Hoffman reported that the Hydropower Commission made the LD same recommendation because they felt there if not enough time left to do an adequate job. M Alderperson Peterson said she didn't think there is adequate time. a Alderperson Johnson asked if postponed, how much time would be needed. Alderperson Hoffman responded that the Hydropower Commission recom- mend conducting the referendum November 1989. Alderperson Nichols said he felt the city should go ahead with the referendum this year. His impression at the Hydropower Committee meeting he attended was that the financial data was not satisfac- torily in hand; they couldn't quite understand it all. He thinks (400" that has been corrected. He said a lot of work has gone on since that meeting by Helen Jones, Dominick and the City Attorney which shouldn't be discarded lightly. All this resolution asks is for the voters to authorize the expenditure of a sum of money which, if we go ahead, should be changed. Council can decide at a later time just when to start. lie gave reasons for going ahead now: pricing mechanisms are changing on the energy and it is important that we go ahead in negotiations with NYSEG as quickly as possible. As to the information available to the public the issue is whether or not it is worthwhile to expend this money both because it will be economically productive in the long run for the city, and secondly, because it enables the city to control what goes on at the plant rather than a private operator. When people are pressed with the fact that in the next week or 2 or 3 they are going to have to vote on this that is when they are interested and that's when the arguments could be presented. He said he is willing to take a chance on the public's judgment now. Alderperson Lytel asked Helen Jones for an explanation of the,time constraints, which she provided. He said that in the interest of getting the best possible deal for the power, and for political reasons, he would like to go ahead this fall. He agreed with Alderperson Nichols that the time when people will be interested is when they have to vote on it. Next fall there will be a great many local races - 5 council members and all of the county board members. Now is the time we have the best possible opportunity to have attention focused on the one local initiative that will be on the ballot. Alderperson Schlather said he is opposed to delaying the vote on this and thinks the city should go forward this November. They have committed a lot of resources, money to studies and updates of the studies so we could go to vote in November. The delay had made the other reports stale and he thinks they will be more stale a year from now. If it loses because it is not properly understood, the city still has another chance to present it to the voters a second time. SECTION 3. The estimated costs of the aforementioned proposed method of providing 5.2 million the aforementioned public dollars. The maximum utility service system is cost of said system authorized by this law is 5.5 million dollars. SECTION 4. This local law shall take effect upon approval by the electors of the City of Ithaca at the general election to be held on November 8, 1988 and filing in the Office of the Secretary of State. Alderperson Booth recommended, because of the two -year extension and Ln opinions on both sides, delayingthis and not going forward for a year. I' Alderperson Hoffman reported that the Hydropower Commission made the LD same recommendation because they felt there if not enough time left to do an adequate job. M Alderperson Peterson said she didn't think there is adequate time. a Alderperson Johnson asked if postponed, how much time would be needed. Alderperson Hoffman responded that the Hydropower Commission recom- mend conducting the referendum November 1989. Alderperson Nichols said he felt the city should go ahead with the referendum this year. His impression at the Hydropower Committee meeting he attended was that the financial data was not satisfac- torily in hand; they couldn't quite understand it all. He thinks (400" that has been corrected. He said a lot of work has gone on since that meeting by Helen Jones, Dominick and the City Attorney which shouldn't be discarded lightly. All this resolution asks is for the voters to authorize the expenditure of a sum of money which, if we go ahead, should be changed. Council can decide at a later time just when to start. lie gave reasons for going ahead now: pricing mechanisms are changing on the energy and it is important that we go ahead in negotiations with NYSEG as quickly as possible. As to the information available to the public the issue is whether or not it is worthwhile to expend this money both because it will be economically productive in the long run for the city, and secondly, because it enables the city to control what goes on at the plant rather than a private operator. When people are pressed with the fact that in the next week or 2 or 3 they are going to have to vote on this that is when they are interested and that's when the arguments could be presented. He said he is willing to take a chance on the public's judgment now. Alderperson Lytel asked Helen Jones for an explanation of the,time constraints, which she provided. He said that in the interest of getting the best possible deal for the power, and for political reasons, he would like to go ahead this fall. He agreed with Alderperson Nichols that the time when people will be interested is when they have to vote on it. Next fall there will be a great many local races - 5 council members and all of the county board members. Now is the time we have the best possible opportunity to have attention focused on the one local initiative that will be on the ballot. Alderperson Schlather said he is opposed to delaying the vote on this and thinks the city should go forward this November. They have committed a lot of resources, money to studies and updates of the studies so we could go to vote in November. The delay had made the other reports stale and he thinks they will be more stale a year from now. If it loses because it is not properly understood, the city still has another chance to present it to the voters a second time. 23S -22- September 7, 1988 Alderperson Peterson asked when the environmental work update will be ready. Helen Jones responded that it will be ready within the next couple of weeks. Alderperson Killeen commented that if the city is obligated to have a referendum it must be done this November and we should respond to what they say. They are going to speak because that is what happens in residential year rather than in mayoral year. P Alderperson Nichols expressed the need to amend the figures cited in of 4.6 million dollars Section 3, page 2, the conservative estimate which includes 20% contingency. The other possible costs above that have to do with whether or not the city would purchase the land from Cornell or lease it. The estimate for purchase of land and water rights is $230,000. That would require negotiation. The budget seen tonight is based upon an annual payment. The other costs have to do with possible improvements of the land around that area as a park. That should not be included in here as the cost of the hydropower development. The proper figures would be the estimated cost of 4.6 million dollars and the maximum would be 5 million dollars. He so Moved: Seconded by Alderperson Schlather provided the City Attorney ruled they could amend a local law which has been laid on the table. City Atty. Nash informed the Council it would take a notation in the record by the Chief Executive that it is crucial for proper considera- tion of the matter of public interest to pass it on this date. Mayor Gutenberger the figures. Ms. rights would need prepared by Roger included are 4.6 water rights. asked Helen Jones and Dominick for any change in Jones responded that the cost of the land and water to be added in. The figure was based on the plan Trancik. She said the two costs which.should be nill-ion dollars estimate and the cost of land and Alderpersons Nichols and Schlather withdrew their motion for amendment. Alderperson Hoffman said he thought a hydropower issue would be lost in the shuffle in a presidential election year. Alderperson Johnson expressed concern at the expense which has gone into it and believes it should be on the ballot this year. A vote on the resolution resulted as follows: Ayes (7) - Cummings, Johnson, Killeen, Lytel, Nichols, Romanowski, Schlather Nays (3) - Peterson Hoffman, Booth Carried Resolution Regarding Consideration of Local Law By Alderperson Booth: Seconded by Alderperson Killeen WHEREAS, the final version of the local law was placed on the desks of the Common Council members on August 30, 1988; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca, consider adoption of the local law and upon adoption of said local law that the City Clerk be directed to publish this local law in the Ithaca Journal in accordance with Section 360.5 of the General Municipal Law, once per week for the six weeks immediately preceding the next General ,Election, and That the City Attorney is hereby directed to submit, within ten days, an abstract of this local law and a proposition to the local Board of Elections in order that it might appear on the ballot for the next General Election. -23_ September 7, 19881,110'1 LOCAL LAW NO. OF THE YEAR 1988 CITY OF ITHACA A LOCAL LAW AUTHORIZING THE CITY OF ITHACA TO ESTABLISH, OWN, AND OPERATE PUBLIC UTILITY SERVICES - SIXTY FOOT DAM BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. The City of Ithaca, Tompkins County, New York is hereby (400.1 authorized to establish, own and operate public utility service systems within and /or without its territorial limits for the purpose Of furnishing to itself, or for sale to other electric service providers and for compensation to its inhabitants or inhabitants of any other local jurisdiction in the State of New York, any service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law. Notwithstanding any general or special law, pursuant to the provisions of subdivision 2 of Section 360 of the General Municipal Law, said City may construct, LD Lease, purchase, own, acquire, use and /or operate any public utility I. service within or without its territorial limits for said purpose. LD SECTION 2. The proposed method of providing such public utility service system is by purchasing and /or condeming real property M and /or water power rights at the following site and constructing Q and operating hydroelectric generating and distributing facilities at said site and by purchasing and /or condeming property and /or property rights sufficient for the necessary transfer and /or distribution of the electric power generated by hydroelectric facilities at such site for sale to other electric service providers and /or inhabitants of the City of Ithaca and any other local jurisdictions in New York State or for furnishing to itself said power. Said authorization shall include authority to take any of the aforementioned activities in combination with other public and /or private entities. Hydroelectric Power Site: The proposed Hydroelectric Power Project would be located at the Sixty Foot Dam on Six Mile Creek, in the Town of Ithaca, Tompkins County, New York. The Sixty Foot Dam impounds the Ithaca Reservoir used as a water supply for the City of Ithaca. The dam is a 220 foot long concrete gravity structure. The proposed generating facility would utilize existing civil works at the dam. Flows from the dam would be diverted through a 1,000 foot pipe to a new powerhouse containing generating equipment and associated controls. SECTION 3. The estimated costs of the aforementioned proposed method of providing the aforementioned public utility service system is 2.5 million dollars. The maximum cost of said system authorized by this law is 3 million dollars. SECTION 4. This local law shall take effect upon approval by the electors of the City of Ithaca at the general election to be held on November 8, 1988 and filing in the Office of the Secretary of State. Alderperson Booth commented that his sense is this proposal does not make sense; the city should not go forward with it on sub- stantive grounds; he urged the Council to defeat it. Alderperson Schlather agreed with Alderperson Booth's assessment; it is economically unfeasible; he thinks, however, to keep their options open, they should simply not put it on the ballot this fall. Alderperson Hoffman informed the Council that the recommendation of the Hydropower Commission was to put this on the ballot this year but, instead of suggesting figures for construction by the city, they suggested the project be leased out to a private developer. If we don't go to referendum this year we may have to relinquish the license which could go to someone else. 240 -24- September 7, 1.988 Alderperson Nichols said he hopes the city will take action to protect it from any other development. A vote on the resolution resulted as follows: Ayes (0) Nays (10) - Booth, Cummings, Hoffman, Johnson, Killeen, Lytel, Nichols, Peterson, Romanowski, Schlather Defeated Unanimously Resolution Regarding Consideration of a Local Law_ By Alderperson Booth: Seconded by Alderperson Schlather WHEREAS, the final version of the local law was placed on the, desks of the Common Council members on August 30, 1988; now, therefore, be it RESOLVED, That Common of the local the City Clerk be dir Journal in accordance once per week for the Election, and Council of the City of Ithaca, consider adoption law and upon adoption of said local law, that acted to publish this local law in the Ithaca with Section 360.5 of the General Municipal Law, six weeks immediately preceding the next General That the City Attorney is hereby directed to submit, within ten days, an abstract of this local law and a proposition to the local Board of Elections in order that it might appear on the ballot for the next General Election. LOCAL LAW NO. OF THE YEAR 1988 A LOCAL LAW AUTHORIZING THE CITY OF ITHACA TO ESTABLISH, OWN AND OPERATE PUBLIC UTILITY SERVICES - VAN NATTA DAM SECTION 1. The City of Ithaca, Tompkins County, New York is hereby authorized to establish, own and operate public utility service systems within and /or without its territorial limits for the purpose of furnishing to itself, or for sale to other electric service providers and for compensation to the inhabitants or inhabitants of any other local jurisdiction in the State of New York, any service similar to that furnished by any public utility company specified in Article 4 of the Public Service Law. Notwithstanding, any general or special law, pursuant to the provisions of subdivision 2 of Section 360 of the General Municipal Law, said city may construct, lease, purchase, own, acquire, use and /or operate any public utility service within or without its territorial limits for said purpose. SECTION 2. The proposed method of providing such public utility service system is by purchasing and /or condemning real property and /or water power rights at the following site and constructing and operating hydroelectric generating and distributing facilities at said site and by purchasing and /or condemning property and /or property rights sufficient for the necessary transfer and /or distribution of the electric power generated by hydroelectric facilities at such site for sale to other electric service providers and /or inhabitants of the City of Ithaca and any other local jurisdictions in New York State or for furnishing to itself said power. Said authorization shall include authority to take any of the aforementioned activities in combination with other public and /or private entities. Hydroelectric Power Site: The proposed Van Natta Dam Hydroelectric ,project is located on Six Mile Creek in the City of Ithaca, New York, adjacent to the Giles Street Bridge. The Van Natta Dam is an existing 18 foot high concrete structure built on a rock ledge. The abandoned pump station at Giles Street which formerly produced hydro mechanical power would be renovated, and new generating equipment and associated controls would be installed. SECTION 3. The estimated costs of the aforementioned proposed method of providing the aforementioned public utility service system is 1.6 million dollars. The maximum cost of said system authorized by this law is 2 million dollars. -25- 241 September 7, 1988 SECTION 4. This local law shall take effect upon approval by the electors of the City of Ithaca at the general election to be held on November 8, 1988 and filing in the office of the Secretary of State. Alderperson Hoffman informed the Council that the recommendation of the Hydropower Commission was that the vote be conducted this year but instead of city expenditure we lease the site to a private developer. Alderperson Nichols asked City Attorney Nash if the City does not' develop the project but leased it to another developer, do we need a referendum? Attorney Nash responded that based upon what he knows at this point, he wouldn't change his legal opinion to go ahead with a referendum. Alderperson Schlather commented that he thought they should vote against this particular resolution because there are some promising possibilities with respect to the Sixty Foot Dam site in connection with other development. We're not jeopardizing anything by delaying LD this a year and we will simply be confusing the debate this fall by ,q putting this on the ballot. LD Halen Jones commented that if they delay until 1989 that does not leave them enough time to start construction and there was one par - M ticular gentleman in the room that night who is very much interested; Q he indicated at the Hydropower meeting that if the city did not go to referendum, he would petition to have us surrender. Further discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (4) - Lytel, Hoffman, Johnson, Peterson Nays (6) - Schlather, Romanowski, Cummings, Nichols, Booth, Killeen Motion Defeated Alternate Side Parking Changes Alderperson Booth reported that the committee discussed alternate side parking but did not resolve it. They will continue discussion on September 15, 1988 at the Charter and Ordinance meeting. An Ordinance Amending Chapter 64 Entitled "Cable Communications" of the City of Ithaca Municipal Code Alderperson Booth reported that City Attorney Nash had sent him amendments in June or July; other amendments have come since then in his negotiations with the ACC people. The committee was not able to discuss the amended ordinance because they did not have it in a form where all of the amendments were right on the document. Attorney Nash called him after the agenda was being prepared and asked that it be put on the agenda so what is there is the amended ordinance and City Attorney Nash's memos - one to the Mayor, one to Alderperson Booth,and perhaps a letter to explain the changes. Alderperson Booth feels the committee should go through it so he said he would not move it that night. The Charter and Ordinance Committee will meet September 15, 1988. Tabling Resolution By Alderperson Booth: Seconded by Alderperson Schlather RESOLVED, That the TV Cable Ordinance be tabled to provide review of the amendments by the Charter and Ordinance Committee. Carried Unanimously 242 -26- September 7, 1988 HUMAN SERVICES COMMITTEE: Shelter for Homeless at Southside Community Center By Alderperson Peterson: Seconded by Alderperson Johnson WHEREAS, the Southside Center Board of Directors has requested that the City of Ithaca designate the Southside Center as a temporary Cold Weather Shelter for the months of October 17, 1988 through April 30, 1989, and WHEREAS, the shelter successfully housed homeless individuals in the early months of 1988, and WHEREAS, close to 100 individuals have come to Southside Center since the temporary cold weather shelter closed to seek assistance because of homelessness, and WHEREAS, Southside Center seems to fill a need for homeless individuals who, for some reason, are not allowed in other shelters or who feel more comfortable at Southside, and WHEREAS, the City of Ithaca is committed to assisting homeless individuals and owns the building that Southside Center occupies, and WHEREAS, questions regarding building and fire codes for such building use have arisen, and WHEREAS, The Human Services Committee has determined that having any individual without shelter during cold weather is a significant emergency and that the building already houses other programs in- cluding a licensed day care facility that must meet state codes and that the shelter program mandates staff that is awake during shelter hours; now, therefore, be it RESOLVED, That Common Council permits Southside Center to be used as a temporary cold weather shelter from October 17, 1988 through April 30, 1989, and be it further RESOLVED, That the current operating procedures, including maintaining security of the building portion that is not used as a shelter and maintaining at least (2) two staff persons each night, be adhered to as a minimum. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously PLANNING AND DEVELOPMENT COMMITTEE: Sale of Fire Station #5 By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council of the City of Ithaca by resolution duly adopted at its regular meeting on October 7, 1987 declared Fire Station #5, Tax Map Number 70 -1 -14, 236 West State Street, with an appraised value of $76,000, to be surplus property and authorized Ithaca Urban Renewal Agency and its Executive Director to solicit proposals for its sale, to evaluate purchase proposals according to the stated criteria of purchase price, proposed reuse and appropriate- ness of any planned alterations to the exterior of the structure, and recommend to the Common Council its selection of purchaser for Common Council review and action. 'WHEREAS, the Ithaca Urban Renewal Agency solicited and evaluated proposals for the sale of Fire Station #5 and recommended to the Common Council the sale of Fire Station #5 to Harvey Ferdschneider and Anne Trovinger for the sum of $80,000, and WHEREAS, the Ithaca Common Council accepted said recommendation at their April 6, 1988 regular meeting; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca declares that Harvey Ferdschneider and Anne Trovinger are the preferred buyers for the purchase of Fire Station #5 for the amount of eighty thousand 24:3 -27- September 7, 1988 dollars ($80,000), and in accordance with the terms of the purchase proposal, and authorizes and directs the Director of Planning and Development to prepare the appropriate notifications for the pro- posed sale of said property to be published in accordance with City Charter Section 3.10(40) so that the Common Council may consider the actual sale of Fire Station #5 at their November 2, 1988 regular meeting. Discussion followed on the floor. Alderperson Cummings explained that this is a preliminary vote to ce accept the terms of the purchase offer, which terms will then be publicly noticed and the Council will vote on them at the November meeting. A vote on the resolution resulted as follows: Carried Unanimously Establishment of a Housing Trust Fund By Alderperson Cummings: Seconded by Alderperson Killeen Ln WHEREAS, the City of Ithaca has recognized that housing affordability Ln and housing conditions are serious problems in the city, and LD WHEREAS, the City of Ithaca has responded to these problems by actively seeking funding from Federal and State programs including the Community M Development Block Grant program, the Urban Development Action Grant Q program, the Housing Development Grant program, the Section 17 Rental Rehabilitation program and the New York State Housing Trust Fund program, and WHEREAS, the total funding allocated to Federal and State programs for affordable housing has steadily diminished over the last decade, making annual funding uncertain and threatening the continued success of Ithaca's efforts to address the problems of housing affordability, and WHEREAS, the City of Ithaca's 1988 Strategic Housing and Neighborhoods Plan recommended the development of a local housing trust fund for the purpose of providing a stable, renewable source of funds that could be used for the development of affordable housing; now, therefore, be it RESOLVED, That the City of Ithaca does hereby authorize the creation of a Housing Trust Fund for the purpose of providing funding for the development of affordable housing in the City of Ithaca, subject to review and enactment by Common Council prior to implementation; and be it further RESOLVED, That the City of Ithaca shall seek to develop, fund, and operate the Housing Trust Fund in accordance with the following ob- jectives: 1) Programs funded by the Housing Trust Fund shall be targeted toward assisting low and moderate income households to obtain affordable housing. 2) Housing Trust Fund programs shall emphasize the creation and maintenance of good quality, affordable housing that will pro- vide long -term benefits to those in the community who are in need of such housing. 3) The administration of Housing Trust Fund programs should be as efficient and cost - effective as possible. 4) Housing Trust Fund programs that leverage additional public and private investment and involve the private sector in financing and construction activities should be encouraged so as to maximize the housing and economic benefits that accrue to the community. 5) The Housing Trust Fund should be funded from stable, annually renewable sources of funds that are adequate to provide a level of funding sufficient to provide significant impact on Ithaca's affordable housing problem. This annual funding minimum is 244 estimated to be at least $300,000 annually. Examples of such sources of funds are UDAG repayments, developer exactions or real estate transfer taxes. These sources may be supplemented at any time by funds from other sources. 6. On an annual basis, or as appropriate, distribution of funds from the Housing Trust Fund shall be made to qualified housing providers in order to accomplish the housing objectives listed above and otherwise established by Common Council. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Mental Health /DSS Parking By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Tompkins County Board of Representatives has decided to locate a new building for Mental Health services on a site in downtown Ithaca on East Green Street, and WHEREAS, this site can also sustain new building space for the Tompkins County Department of Social Services (DSS), and WHEREAS, the Common Council of the City of Ithaca has consistently supported the concept that the DSS offices should be located in downtown Ithaca, and WHEREAS, studies show that it can be economically feasible for the County to relocate the DSS offices from the current location on West Hill in the Town of Ithaca returning the facility to downtown Ithaca, and WHEREAS, a downtown location will best serve the clients of DSS, many of whom live within the city, and WHEREAS, a downtown location will strengthen the central business district, and WHEREAS, a downtown location will return this important county service to a site located in the County seat, and WHEREAS, some members of the County legislature have expressed a concern about the need for increased parking for this facility, and WHEREAS, the State of New York will subsidize seventy -five percent (750) of both the construction and cost of providing any parking space to serve DSS; now, therefore, be it RESOLVED, That on the recommendation of the Planning and Development Committee, the Common Council of the City of Ithaca strongly supports the return of the County Department of Social Services to a central location in the City of Ithaca, and be it further RESOLVED, That the Common Council of the City of Ithaca hereby commits itself to providing the parking spaces required for the DSS on the adjacent Woolworth parking lot, subject to the completion of a study of future parking needs in the Central Business District and the satis- factory completion of an agreement between the City of Ithaca and Tompkins County regarding the financing, ownership, environmental ,review, site design, and management of any new parking spaces to be constructed in the Woolworth lot or suitable alternative. Discussion followed on the floor. Amendment By Alderperson Cummings: Seconded by Alderperson Killeen RESOLVED, That the last WHEREAS be removed from the resolution. Ayes (7) - Lytel, Cummings, NIchols, Johnson, Killeen, Peterson, Booth Nays (3) Hoffman, Romanowski, Schlather Carried 245 -29- September 7, 1988 A vote on the main motion as amended resulted as follows: Ayes (9) - Lytel, Hoffman, Johnson, Peterson, Schlather, Cummings, Nichols, Booth, Killeen Nays (1) - Romanowski Carried Central Business District Parking Study By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, a major factor in the continued viability of Ithaca's Central (moo" Business District is the supply and operation of public parking; and WHEREAS, numerous issues relating to operational policies, enforcement, location and impacts on residential areas have been identified by those concerned about Central Business District parking; and WHEREAS, the evaluation of parking problems and the implementation of solutions to those problems is fragmented among several City of Ithaca boards and departments; and LD WHEREAS, the creation of a committee to research parking issues and Iq make recommendations to the appropriate legislative boards would pro - LO vide the focal point for a more efficient resolution of Central Busi- ness District parking concerns; now, therefore, be it M RESOLVED, That this Common Council does hereby authorize the creation Q of an ad hoc committee to study and make recommendations affecting parking in the Central Business District and the surrounding area; and be it further RESOLVED, That the Central Business District Parking Committee shall be charged with examining, at a minimum, the following issues: 1) The present levels of use of public and private parking in the Central Business District and the projected changes in both the existing supply and demand. 2) The present operational policies for public on- and off - street parking, including cost, allocation to various types of users, location, physical characteristics and secondary impacts. 3) Issues relating to the enforcement of parking regulations. 4) Analysis of the present policy and legislative decision- making structure for public parking. 5) Projected future parking demand generated by the location of County Governmental functions in the Central Business District, and be it further RESOLVED, 'That the Central Business District Parking Committee shall be composed of eleven members including a chair and vice -chair appointed by the Mayor with the concurrence of Common Council.Representatives from each of the following groups shall be appointed to the Committee: 1) Board of Public Works 2) Department of Public Works 3) Planning and Development Board 4) Planning Department 5) Planning and Development Committee and be it further 6) Police Department 7) DIBA /CAB 8) Neighborhood represent- atives RESOLVED, That the City of Ithaca shall hire a consultant who specializes in municipal parking issues to design and undertake a study of local parking needs, and that the Central Business District Parking Committee shall work with the consultant to develop a final report, and be it further RESOLVED, That the Central Business District Parking Committee shall submit a final report to the Common Council and the Board of Public Works by March 1989. 240' -30- September 7, 1988 Amendment By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the second to last RESOLVED be removed. Discussion followed on the floor. Alderperson Cummings stated she thinks it is important to bring in an outside consultant. Mayor Gutenberger agreed. A vote on the amendment resulted as follows: Ayes (3) - Schlather, Romanowski, Hoffman Nays (7) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Peterson Amendment Defeated Alderperson Johnson offered a friendly amendment that the composition of the committee include a member of the Conservation Advisory Commit- tee and a commuting worker who parks downtown. Ms. Cummings accepted the amendment. A friendly amendment was offered by Alderperson Peterson as follows: That under the second RESOLVED Item 6) be added to read: the effective current and projected future demands on the adjacent residential neighborhoods. Ms. Cummings accepted the amendment. Alderperson Hoffman commented that this approach is leaning in favor of simply providing more parking as the solution to increased traffic. He thinks that eventually the city will have to grapple with the fact that too many cars in a restricted downtown area is a real problem. A vote on the resolution resulted as follows: Ayes (9) - Schlather, Romanowski, Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Peterson Nays (1) - Hoffman Carried Industrial Park Development By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, the Common Council is considering the possible sale of the Ithaca Industrial Park property to Tompkins County to serve as a solid waste transfer facility, and WHEREAS, such sale would result in the Department of Housing and Urban Development's recapture of $151,000 in grant funds originally made available for the city purchase of the property, and would further result in the loss of a $150,000 grant to the city from the Appalachian Regional Commission for the site's development, and WHEREAS, the Common Council is interested in examining a possible replacement industrial park site, to be purchased only in the event that the Ithaca Industrial Park property is sold, which would enable the city to reallocate rather than lose the grant resources; now, therefore, be it RESOLVED, That the Common Council authorizes and directs the Director of Planning and Development to contract the appraisal of a parcel of land consisting of approximately thirteen (13) acres, located directly 'south of Cherry Street Industrial Park, at a cost not to exceed three thousand dollars ($3,000), and be it further RESOLVED, That the Common Council authorizes and directs the Director of Planning and Development and the City Attorney to negotiate with the owner(s) of the property to develop a purchase agreement for the property, which shall be subject to the final approval by the Common Council. Discussion followed on the floor. 247 -31- September 7, 1988 Amendment By Alderperson Killeen: Seconded by Alderperson Nichols RESOLVED, That "from unrestricted contingency" be added at the end of the first RESOLVED. A vote on the amendment resulted as follows: Ayes (9) - Nichols, Johnson, Booth, Killeen, Peterson, Romanowski, Hoffman, Lytel, Cummings Nays (1) - Schlather Carried .(600" A vote on the main motion as amended resulted as follows: Ayes (8) - Nichols, Johnson, Booth, Killeen, Romanowski, Hoffman, Lytel, Cummings Nays (2) - Schlather, Peterson Carried Motion to Extend Meeting Deadline LO By Alderperson Nichols; Seconded by Alderperson Johnson 'q RESOLVED, That tonight's meeting deadline be extended until 12:15 a.m. LO Carried Unanimously An Ordinance Amending Article 1, Section 30.3 and Article II of M Chapter 30 Entitled "Zoning" of the City of Ithaca Municipal Code Q (Cluster Subdivision) By Alderperson Cummings: Seconded by Alderperson Schlather RESOLVED, That the proposed Cluster Development Ordinance be referred to the Charter and Ordinance Committee Carried Unanimously Transfer Baling Station No Report BUDGET AND ADMINISTRATION COMMITTEE: Youth Bureau Authorized Equipment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the 1988 Authorized Equipment List of the Youth Bureau be amended to include the purchase of one refrigerator for the Stewart Park concession stand, at a cost not to exceed $439, and be it further RESOLVED, That an amount not to exceed $439 be transferred within the Youth Bureau Budget from Account A7310 -105, Administrative Salaries, to Account A7310 -225, Other Equipment. Carried Unanimously Audit By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the bills presented, as listed on Audit Abstract #16/ 1988, in the total amount of $44,652.50, be approved for payment. Carried Unanimously Printing of Labor Contract Books By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That an amount not to exceed $2,410 be transferred from Account A1990, Contingency, to Personnel Department Account A1430 -425, Office Expense, to pay for the cost of printing the C.S.E.A. Labor Contract Agreement Books, as requested by the Personnel Administrator. Carried Unanimously Dental Insurance Plan By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, Common Council had previously authorized the Personnel Admini- strator to send out requests for proposals for a qualified agent to provide a dental plan; now, therefore, be it RESOLVED, That upon receipt of qualified proposals, a Committee con- sisting of the Deputy City Controller, Personnel Administrator and Purchasing Agent, will review and analyze the proposals and make a recommendation to the Mayor and Budget and Administration Committee no later than November 1, 1988. Carried Unanimously 248 - -32- September 7, 1988 Recycling Coordinator Hours By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the Recycling Coordinator's allotted hours be in- creased from 20 hours to 30 hours per week, through the end of 1988, as requested by the Board of Public Works, effective September 12, 1988. Carried Unanimously Traffic Improvements By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the 1988 Budget included a request for $10,000 to replace the control system on the traffic signal at Dryden and Campus Roads, and WHEREAS, the Belle Sherman School neighborhood has requested a flashing light installation at the Cornell Street crossing, and WHEREAS, the replacement of the traffic control equipment at Dryden and Campus Roads will not exceed $5,000, and WHEREAS, the flashing light installation at the Cornell Street crossing will not exceed $3,400; now, therefore, be it RESOLVED, That this Common Council approves the transfer of $10,000 from A1990, Restricted Contingency, to Traffic Signals Account A3312 -477, as requested by the Board of Public Works, and be it further RESOLVED, That any unused portion of these funds be applied to other safety measures for the safe passage of pedestrians near the Belle Sherman School. Carried Unanimously Bikeway Construction By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the resolution be referred back to the Budget and Administration Committee. Carried Unanimously Ithaca Housing Authority Comparability By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, according to Article 3, Section 32(1), of the New York State Public Housing Law, it is necessary for the local legislative body to approve the compensation of personnel in the local Housing Authority, as fixed by the local Housing Authority, and WHEREAS, this Common Council has received a resolution from the Ithaca Housing Authority establishing positions, comparability, salary range and salaries for its personnel (though the cited City increase of 6% is approximate only); NOW, THEREFORE, BE IT RESOLVED, That this Common Council approves the following positions, comparability, salary range and salaries, as adopted by the Ithaca Housing Authority, for its fiscal year October 1, 1988 to September 30, 1989. Salary Range Position Comparable Position and Salary Executive Director Director of Planning & /Controller $37,093 - $54,907 Salary $44,821 Development 'Assistant Director Deputy Director Plan- $33,047 - $40,207 ning Department Salary $32,012 Principal Account City of Ithaca C.S.E.A. $14,954 - $19,679 Clerk Salary $21,793 Administrative City of Ithaca C.S.E.A. $13,710 - $18,041 Secretary Salary $16,978 Site Manager Planner III $17,190 - $22,621 Salary $19,806 J - WHEREAS, the City, Town of Ithaca, and the Finger Lakes Region of the State Office of Parks, Recreation and Historic Preservation have entered into an agreement to participate in joint development of pathways for cyclists and pedestrians, primarily intended to improve access to the area's parks, and WHEREAS, the city has expressed a preference for an alternate alinement for the Cayuga Inlet Bike Trail, which would require construction of a bridge that was unforseen when the agreement was made, and WHEREAS, the cost of such a bridge has been estimated to increase the cost of the project by $50,000 to $100,000 depending on the scale of the bridge, and WHEREAS, the preferred alinement would directly benefit the city and its residents, and WHEREAS, the Finger Lakes Region has indicated willingness to accept the city's preference if the city will make a substantial contribution to the increased costs of the preferred alinement; now, therefore, be it RESOLVED, That in addition to any costs associated with securing needed rights -of -way for the Cayuga Inlet Bike Trail, the city will contribute $50,000 for a bikeway bridge only, or up to $100,000 for a reinforced bridge capable of carrying emergency vehicles, such funds to be included in the 1989 Capital Budget and paid over at such time and in such manner as Common Council shall agree, in order to promote the expeditious completion of the Cayuga Inlet Bike Trail. (4ww" Superintendent of Ithaca School District Maintenance Salary $23,540 Stock Manager City of Ithaca C.S.E.A. $17,270 - $22,725 Salary $18,060 Building Maintenance Maintainer - C.S.E.A. $6.22 - $7.20 hour Mechanic Ithaca School District * *$17,941 (8.62) IHA $9.61 +0.T.guarantee6 LO LO Salary *$20,613 LO Building Maintenance Maintainer - C.S.E.A. $6.22 - $7.28 /hour Mechanic Ithaca School District * *$17,941 (8.62) M IHA $9.05 +0.T.guaranteed Q Salary *$19,412 Building Maintenance Maintainer - C.S.E.A. $6.22 - $7.28 /hour Mechanic Ithaca School District * *$17,941 (8.62) IHA $7.67 +0.T.guaranteed Salary *$16,452 Maintenance Worker City of Ithaca C.S.E.A. $5.61 - $6.55 IHA $6.89 +0.T.guaranteed Salary *$14,779 Maintenance Worker City of Ithaca C.S.E.A. $5.61 - $6.55 IHA $6.37 +0.T.guarantee6 Salary *$13,664 Maintenance Worker City of Ithaca C.S.E.A. $5.61 - $6.55 IHA $6.23 +0.T.guarantee6 Salary *$13,363 Laborer City of Ithaca C.S.E.A. $5.25 - $6.15 IHA $5.77 +0.T.guaranteed! Salary *$12,452 Laborer City of Ithaca C.S.E.A. $5.25 - $6.15 IHA $5.77 +0.T.guaranteec Salary *$12,452 2 Summer Camp Seasonal Directors 1 at Northside $8.00 /hour 1 at Southview $8.00 /hour 2 Assistant Seasonal Directors 1 at Northside $7.00 /hour 1 at Southview $6.50 /hour 2 Senior Seasonal Counselors 1 at Northside $4.50 /hour 1 at Southview $4.50 /hour 2 Counselors - Seasonal Northside $4.00 /hour Section 8 Planner III - C.S.E.A. $17,190 - $22,621 Administrator Salary $20,295 250 -34- September 7, 1988 Salary Range Position Comparable Position and Salary_ Tenant Selector Administrative Assist- $13,574 - $17,863 ant - C.S.E.A. Salary $13,500 Account Clerk/ City of Ithaca C.S.E.A. $10,464 - $13,771 Typist Salary $10,464 Section 8 Assistant See Site Manager $17,190 - $22,621 (Prorated Salary) Planner III - C.S.E.A. Salary $ 9,903 * Per U.A.W. Union Contract ** No range available from City of Ithaca Civil Service Office Audit Contract Committee By Alderperson Schlather: Seconded by Alderperson Peterson WHEREAS, guidelines governing the preparation of the City's Annual External Audit have been amended by the enactment of Statement on Auditing Standards #61, "Communication With Audit Committees'!; now, therefore, be it RESOLVED, That the Budget and Administration Committee be designated as the City's Audit Contact Committee, in fulfillment of said requirement. Carried Unanimously Developer Impact Program By Alderperson Schlather: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca is investigating the feasibility of developing a program of developer impact fees to fund affordable housing programs, service expansions or infrastructure improvements, and WHEREAS, assistance from qualified consultants will help the City of Ithaca to develop a legally and technically defensible impact fee program, and WHEREAS, the Planning and Development staff has prepared a Request for Proposals to solicit consulting services; now, therefore, be it RESOLVED, Common-Council-does_ hereby authorize the staff of the Department of-,Planning and.Development to send the Request for Proposals, dated August 29, 1988, to consultants who may be interested in submitting proposals for services, and be it further RESOLVED, That the Planning and Development staff shall report to the Budget and Administration Committee on the proposals received and recommendations regarding the hiring of a consultant at the October 27, 1988 Budget and Administration meeting. Discussion followed on the floor. A vote on the resolution resulted as follows: A 7 PR Iql - T,vtPl r'nmmina�. Nir -hnlq. Tnhnson, Booth, Killeen. -35- September 7, 1988 B. The addition of one Municipal Training Officer. 251 C. The addition of one Administrative Secretary's position. D. The total number of positions for the Fire Department be increased to 60, and be it further RESOLVED, That the projected operating costs for the base years 1988 -1990 be amended to reflect the total cost related to said increased staffing level. Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Conservation Advisory Council Recommendation and Resolution Regarding Plastic and Polystyrene Packaging By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That this item be referred to the Charter and Ordinance Committee. Carried Unanimously Conservation Advisory Council Resolution Regarding a Neighborhood Park on the Old Sewage Treatment Plant Site By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That this item be referred to the Planning and Development Committee. Carried Unanimously City /Town Fire Committee Report m Alderperson Killeen reported that the new fire station construction Q and old station renovation schedule is: Bids Sought Thanksgiving 1988 Bids Received Christmas 1988 Bids Awarded Valentine's Day 1989 Motion to Adjourn into Executive Session By Alderperson Schlather; Seconded by Alderperson Killeen (600,el RESOLVED, That the Council adjourn into Executive Session to discuss a personnel item. Carried Unanimously The Council adjourned into Executive Session at 12:10 a.m, and re- convened in Regular Session at 12:25 a.m. BUDGET AND ADMINISTRATION COMMITTEE: Labor Negotiation Agreement By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the City of Ithaca enter into an Agreement with James Dennis, who submitted the lowest cost proposal, to provide professional services in the field of labor negotiations (Police Benevolent Associ- ation), interest arbitration and other assistance, for the period September 15, 1988 to September 15, 1989, at a cost not to exceed $2,500, and be it further RESOLVED, That the Mayor and City Clerk be authorized to sign such Agreement on behalf of the City, subject to review by the City Attorney as to form and content. Ayes (6) - Schlather, Killeen, Hoffman, Romanowski, Lytel, Cummings Nays (3) - Booth, Nichols, Peterson Abstention (1) - Johnson (WO-e Carried ADJOURNMENT: On a motion the meeting adjourned at 12:27 a.m. Callista F. Paolangeli' City Clerk L. ORDINANCE NO. 88 AN ORDINANCE AMENDING SECTION 30.25, DISTRICT REGULATIONS, OF i CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. :'(Woo" BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: j SECTION 1. AMENDING SECTION 30.25 Section 1. Section 30.25, District Regulations, of Chapter 30 is amended to read as follows: § 30.25 District regulations A. The District Regulations Chart is hereby made a part of this Chapter. Column heads on the District Regulations Chart are defined as follows:.... For the text regarding Columns 1 through 13, see the existing text of this Section. Column 14. Yard dimensions. Rear Yard. [ "Percentage of depth."] [Buildings] Subject to the provisions of the following paragraph, buildings hereafter erected in each district must have a rear yard of at least the depth which is the percentage figure listed in this column [, except as provided in Column 15 and subject to the further regulations of § 30.35] . Such percentage shall be taken of the lot depth. If the two side lot lines are of unequal length, the rear yard percentage shall be taken of the average of the two lengths. ( See Illustration VI on page 2 ) -2 L - A%4=_ � L-OT Dr-r rH D - RrAX YAKD DerTH - sTATFO (Fvom cot- 14) c3TrcffeT 71 Ill. VI. Rear yard - 7. lot de•Dth. ST�c�ET 5{Di= LYE- -• �.,� SIDS YARD = �•,' YARD 1=-F-ouT YAZD I 5TFtF_ET Ill- VII. Through -block lot. 2. [Column 15: Yard Dimensions. Rear Yard. "Maximum required. "] In applying the lot depth percentage of (Column 14] this Column (see previous paragraph) , no rear yard shall be required which is a greater number of feet in depth than the maximum footage figure listed in this column 1; however, ]_ However, rear yards of a greater depth shall not be prohibited. For some districts the required rear yard dimensions are stated in terms of minimum footage requirements- In those cases the percentage lot depth and maximum footage figures do not apply. On a corner lot or through -block lot the yard on the opposite side of the lot from the street whose address the lot bears shall be designated as rear yard. (See Illustration VII, above) B. General Notes pertaining to Regulations:- 1. [All development plans shall be subject to approval by the Planning and Development Board and the Common Council.] 9 0 -3- For minimum lot size requirements stated in Column 6 (Area in Square Feet) for all residential use districts, each square footage requirement applies separately to the initial permitted primary use and to each additional permitted primary use located in a separate building on the property in question (e.g., in R2b districts, an area of 3,000 square feet is required for a one - family house or a two- family house and an additional area of 3,000 square feet is required for each additional one - family house or two - family house on the property.) 2. Land filling and bulkheading plans and procedures shall be subject to approval of the Board of Public Works. [and Common Council.] 3. Regulations, standards and permitted uses are generally cumulative, except for the P-1, FW -1 , and- MH -1 districts and except where otherwise indicated by specific prohibition or omission. 4. Where a variance or special permit is required, or where special conditions apply, to allow in one district a use which is permitted by right in another district, the regulations applying to such use shall be those of whichever district has the stricter regulations, unless otherwise determined by the Board of Zoning Appeals. 5. All uses permitted or allowed in any district shall conform to the General Performance Standards as set forth in § 30.40. 6. Any use permitted under this Ordinance shall, if located within the Fl-i -1 Zone, meet the requirements of Section 30.44 in addition to those otherwise applicable to it under district regulations. 7. In R -1 and R -2 districts, minor dependent children in the care of a parent or relative shall be excluded in determining the number of unrelated occupants in a dwelling unit. 8. In all districts where multiple dwellings are permitted, each multiple dwelling shall be required to have a rear yard of at least twenty (20) feet in depth. (This requirement has been imposed so that these structures comply with the New York State Uniform Fire Prevention and Building Code) . 9. In all districts, the New York State Uniform Fire Prevention and Building Code may impose additional requirements pertaining to the location of a structure on a parcel of property including, for example, additional building setback requirements. I -4- 10 All columns established by this section are subject to the supplementar regulations stated in Article III of this ordinance. Section 2. The District Regulations Chart established by Section 30.25 of this Chapter is hereby amended as follows: _ a. Column 15 is deleted b. Column 14 is retitled "Rear" The box entitled "% of Depth" is amended to read "% of lot depth C. or maximum footage required, whichever is less." d. For the respective districts, Column 14 is amended to read as follows: R -la: 25% or 50 feet R -1b: 250 or 50 feet R -2a: 25% or 50 feet R -2b : 25% or 50 feet R -3a: 20% or 25 feet R -3b: 20% or 25 feet R -U: 25% or 50 feet C -SU : • 20% or 25 feet B -la: 15% or 20 feet B -1b: 10% or 15 feet B -2a: 15% or 20 feet B -2b: 10 feet minimum B -2c: leave as is - not to be amended B -3: 10 feet minimum B -4: 15% or 20 feet B -5: 15% or 20 feet 1-1: 15% or 20 feet FW -1: leave as is - not to be amended FH -1 : leave as is -.not to be amended M -1: 15% or 20 feet P -1: 10 feet minimum MH -1: 20% or 25 feet P�r Coe Section 3. Paragraph 3 of subdivision A of. Section 30.33, Height Regulations, of Chapter 30 is amended to read as follows: - 3. Towers or - structures -,including satellite dishes, --for -the -transmission------­. or receipt of radio or other electronic signals for the non - commercial use and enjoyment of occupants of the premises, including television, ham radio, citizens' band, MARS and similar operations in connection with hobbies and home entertainment; 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. NOTE: Material in [brackets] is to be deleted. Underlined material is to be added. 1 Section 1. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, that a new Chapter 67, entitled Regulation of Smoking, be added to the City of Ithaca Municipal Code to read as follows: Chapter 67 Regulation of Smoking A. The City government of Ithaca has an obligation to try to protect persons from involuntary exposure to public health hazards and public nuisances. B. Reliable studies have shown that breathing second -hand smoke is a significant health hazard for several population groups, including children, fetuses, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. These health hazards include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm. C. Exposure to second -hand smoke precipitates and /or aggravates allergic attacks in persons with respiratory allergies, and accelerates such allergic symptoms as eye irritation, nasal symptoms, headaches, coughing, wheezing, sore throats and hoarseness. D. The preponderance of available evidence and the trends reflected in that evidence all indicate that exposure to second- hand smoke is a significant health hazard which exposes members of the public to increased risk for developing disease and adversely affects the public health. This exposure has caused, continues to cause and will continue to cause needless pain, suffering, and death. E. The health hazards caused by second -hand smoke are of variable degree, depending upon such factors as length of exposure and the age and physical condition of those exposed. Section 67.1 Purpose It is the purpose of this ordinance to protect and enhance the public health, safety, and general welfare by limiting the exposure of all persons to second -hand smoke. Section 67.2 Declaration of Findings and Intent A. The City government of Ithaca has an obligation to try to protect persons from involuntary exposure to public health hazards and public nuisances. B. Reliable studies have shown that breathing second -hand smoke is a significant health hazard for several population groups, including children, fetuses, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. These health hazards include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm. C. Exposure to second -hand smoke precipitates and /or aggravates allergic attacks in persons with respiratory allergies, and accelerates such allergic symptoms as eye irritation, nasal symptoms, headaches, coughing, wheezing, sore throats and hoarseness. D. The preponderance of available evidence and the trends reflected in that evidence all indicate that exposure to second- hand smoke is a significant health hazard which exposes members of the public to increased risk for developing disease and adversely affects the public health. This exposure has caused, continues to cause and will continue to cause needless pain, suffering, and death. E. The health hazards caused by second -hand smoke are of variable degree, depending upon such factors as length of exposure and the age and physical condition of those exposed. E F. In addition to the public health problems it causes and the public health threats it poses, second -hand smoke constitutes a public nuisance for many people. G. In some cases, there is a voluntary assumption of the health hazards and public nuisance impacts caused by second -hand smoke. In many other cases, however, there is an involuntary or coerced exposure to these hazards and impacts, and persons are exposed to second -hand smoke against their will in a wide variety of places and circumstances. H. It is understood that regulations addressing the hazards and undesirable impacts of second -hand smoke will cause certain economic dislocations and governmental intrusions into private activities that must be justified by the nature and extent of the public health hazards and public nuisance impacts presented by second -hand smoke. Therefore, a balance must be struck between safeguarding citizens from involuntary exposure to second -hand smoke on the one hand, and minimizing governmental intrusion into the affairs of its citizens on the other. I. It is recognized that certain voluntary efforts have been carried out independent of government intervention seeking to address the problem of second -hand smoke and that it is in the public interest to enact smoking regulations which harmonize with such efforts so long as they do not compromise the public health, safety, and general welfare. J. The widely varying range of conditions under which persons are exposed to second -hand smoke necessitates tailoring the regulation of smoking to match various circumstances. Section 67.3 Definitions Except where the context requires otherwise, the following words and phrases shall the following meanings when used in this ordinance. A. "Bar" means a place devoted to the serving of alcoholic beverages for on -site consumption by patrons and where the service of food is only incidental to the consumption of such beverages. B. "Food service establishment" means any commercial establishment in which food is sold for consumption inside those premises, including but not limited to restaurants, cafeterias, coffee shops, diners, sandwich shops, short order cafes, ice cream and soda shops, and lunch counters. "Food service establishment" does not include a "bar" as defined in this section. 0 3 C. "Indoor area" or "Indoors" means any substantially enclosed area covered by a roof, including a vehicle. D. "Indoor area open to the public" means any publicly or privately owned place where members of the public regularly visit, congregate, conduct business, travel, recreate, eat, pass time, receive instruction or care, worship, or conduct any other activities. These areas include all indoor areas used by the public, regardless of whether or not members of the public require the permission or consent of some person or entity in order to be present on the premises in question. F. "Second -hand smoke" means smoke that comes from a lighted cigarette, cigar, pipe or any other device used for smoking tobacco and that is or may be inhaled by any person other than the smoker (i.e., the person who is smoking the cigarette, cigar, pipe or other smoking device). "Second -hand smoke" includes both smoke that escapes into the air from the lighted end of a cigarette, cigar, pipe, or other smoking device and smoke that has been inhaled, and is discharged to the air by the smoker. E. "Public" includes all of those persons who visit, do business at, attend, congregate or otherwise typically utilize an indoor area open to the public. Provided, "public" does not include persons who normally live at the particular place in room from other parts of the building in question and a question, or their private guests or invitees, or persons who are from that room to the ambient air outside the building in which regularly employed at that place. F. "Second -hand smoke" means smoke that comes from a lighted cigarette, cigar, pipe or any other device used for smoking tobacco and that is or may be inhaled by any person other than the smoker (i.e., the person who is smoking the cigarette, cigar, pipe or other smoking device). "Second -hand smoke" includes both smoke that escapes into the air from the lighted end of a cigarette, cigar, pipe, or other smoking device and smoke that has been inhaled, and is discharged to the air by the smoker. I. "Smoke -free work area" means an enclosed room where no smoking is permitted. Such a room shall have solid walls that reach from ceiling to floor and separate that room from other parts of the building in question. All the doors to such a room must be capable of being shut. G. "Separate enclosed room" means a room set aside for use as a smoking room by the owner, operator, manager, sponsor, or person in charge of a particular facility, which room shall have solid walls that reach from ceiling to floor and separate that room from other parts of the building in question and a ventilation system that removes air, smoke and associated gases from that room to the ambient air outside the building in which the room is located. All of the doors to such a room must be capable of being shut. H. "Smoke -free area" means an indoor area where smoking is not permitted by any persons and where smoke is normally prevented from entering by a combination of walls, doors and /or ventilation mechanisms. I. "Smoke -free work area" means an enclosed room where no smoking is permitted. Such a room shall have solid walls that reach from ceiling to floor and separate that room from other parts of the building in question. All the doors to such a room must be capable of being shut. 4 Section 67.4 General Smoking Restrictions A. Except as otherwise provided in this ordinance, the provisions of this section shall govern smoking in all indoor areas open to the public. B. No person shall smoke or carry a lighted cigar, cigarette, pipe or any other form of object or device used for smoking tobacco in any indoor area open to the public. This provision prohibits smoking in all indoor areas regularly utilized by the public. Where a building or other indoor facility contains some areas that the public regularly utilizes and other areas that the public does not regularly utilize, this provision prohibits smoking in the areas commonly used by the public but not in those areas that the public does not commonly use. The indoor areas covered by this provision include but are not limited to the following types of areas. It is recognized that many of these items overlap each other (for example, hallways open to the public exist in many of the specifically identified types of facilities). The purpose of this listing is to illustrate the broad coverage of this provision and not to limit its applicability in any way. 1. museums; 2. theaters or any other area primarily used for or primarily designed for the purpose of exhibiting any motion picture, stage drama, musical recital, dance, lecture or other performance; 3. food markets, stores, food service establishment, laundromats, banks, and all other commercial service establishments; 4. arenas, enclosed stadiums, gymnasiums, auditoriums, clubhouses, service clubs, bowling establishments, bingo establishments, enclosed areas containing swimming pools, spas and health clubs, and other enclosed athletic facilities; 5. elevators, lobbies, stairways, waiting rooms and waiting areas, restrooms, hallways, and atriums; 6. enclosed bus stops; 7. meeting rooms, offices, and other facilities where the public routinely conducts business; 8. all public transportation vehicles, including but not limited to taxicabs; limousines; charter buses; and interstate, intrastate, and local buses; 5 9. police vehicles while being used to transport members of the public; 10. hospitals, residential health care facilities licensed by the State of New York, and all other facilities and offices that provide health services; 11. schools, including elementary and secondary schools, colleges, and other educational and vocational institutions; 12. places of worship; 13. libraries; 14. hotels, motels and all other places of public accommodation that can accommodate ten or more persons; 15. public buildings. Section 67.5 Exceptions to General Smoking Restrictions in Indoor Public Places Notwithstanding the provisions of section 67.4 of this ordinance, smoking may be permitted in those places and circumstances covered by this section. The provisions of this section shall be interpreted narrowly so that the general prohibitions of section 67.4 shall have the broadest possible applicability. A. Smoking may be permitted in a convention of a private group or groups where the persons participating in that convention are individually identified by the sponsor or organizer of the convention. B. Smoking may be permitted in any convention, meeting, or trade show open to the public if the sponsor or organizer gives (600" notice in any promotional materials or advertisements for that event that smoking will not be restricted there and prominently posts notice at the entrance to the convention, meeting or trade show advising the public that smoking will not be restricted at that event. C. Smoking may be permitted in a separate enclosed room or rooms in a food service establishment, clubhouse, or service club. Provided, any such room, or any such rooms taken collectively, that the owner, operator, manager, sponsor or person in charge of that facility provides for smoking purposes shall not exceed thirty percent of the seating capacity of that establishment or of the area occupied by customers in that establishment, whichever calculation results in the larger area 0 being maintained as a smoke -free area. Where such a room or rooms is provided for smoking, notice thereof shall be prominently posted at each entrance to the facility. In those establishments in which one or more separate enclosed rooms are provided for smoking, each patron shall be given an opportunity to state his /her preference regarding where the patron wishes to be seated. D. Smoking may be permitted in the concourse area of a bowling establishment. For the purposes of this provision, the concourse area shall constitute that area that is behind and separated from the bowling lanes and the areas occupied by bowlers while keeping score and actually bowling. Smoking may not be permitted in any other area of a bowling establishment. Where smoking is permitted in a bowling establishment pursuant to this subdivision, notice thereof shall be prominently posted at each entrance to that facility. E. (1) Smoking may be permitted in a bar that does not contain or adjoin a food service establishment. (2) Smoking may be permitted in a bar that contains or adjoins a food service establishment only if the bar is in a separate enclosed room or rooms vis -a -vis that food service establishment. (3) Notice shall be prominently posted at the main entrance(s) to each bar stating the smoking policy established for that facility. F. Smoking may be permitted in a bingo establishment, provided that the organizer or sponsor establishes a contiguous non - smoking area sufficient to meet patron demand. If at least 70 percent of that establishment's seating capacity is designated for non - smokers, demand will be deemed to have been met. Notwithstanding the foregoing, at least 30 percent of the seating capacity must be designated for non - smokers. Notice shall be prominently posted at each entrance stating that a non - smoking section is available. G. Smoking may be permitted in not more than 70 percent of the individual rooms rented to guests at hotels, motels, and all other places of public accommodation that can accommodate ten or more persons. The owner, operator, manager, or person in charge of any such establishment where smoking is permitted in certain individual rooms shall maintain at least thirty percent of the rooms in that facility as smoke -free areas. Notices advising guests of the availability of smoke -free rooms shall be prominently posted in each hotel, motel or other public accommodation covered by this provision. H. Smoking may be permitted in retail tobacco stores where 19 O 7 the sale of items other than tobacco is only incidental. I. Smoking may be participating in a theatrical J. Smoking may be permi rooms in any indoor area open of such room or rooms is to occur separate from the other permitted by performers while production. tted in a separate enclosed room or to the public where the primary use provide an area where smoking may public areas of that facility. K. The judge presiding at a trial may permit smoking in jury deliberation rooms during that trial, provided that the rights of non - smokers are protected. Section 67.6 Regulation of Smoking in the Workplace A. 1. Every employee who works indoors shall be entitled..to work in a smoke -free work area at his or her primary work station. Accordingly, for every employee who works indoors and desires to work in a smoke -free area, every employer shall provide a smoke -free work area at that employee's primary work station, and smoking is hereby prohibited in those smoke -free work areas. 2. Every employee who is required to utilize a vehicle during the course of his or her employment shall be entitled to use a smoke -free vehicle. Accordingly, every employer shall prohibit smoking, and this ordinance hereby prohibits smoking, in every vehicle owned by the employer or under the employer's control that is utilized during the course of employment by an employee who desires to use a smoke -free vehicle during his or her employment. 3. This subdivision shall not be deemed to prevent an employer from assigning an employee to work in a place where smoking is permitted in accord with Section 67.5 of this ordinance. 4. This subdivision shall not apply to any work area covered by the exemptions provided in Section 67.8 of this ordinance. B. Within ninety days of the enactment of this ordinance every employer covered by subdivision A of this section shall adopt, or if a collective bargaining unit exists, negotiate through the negotiating process, and subsequently implement and maintain a written policy regarding smoking in the workplace, including vehicles owned by or under control of the employer and used in the course of employment. This policy shall require at C least the following: 1. Smoking shall be prohibited in any enclosed indoor work area occupied by more than one person unless such area is occupied exclusively by smokers. 2. Smoking shall be prohibited in any vehicle owned by or under the control of the employer and used by employees during the course of employment if that vehicle is used by an employee who wishes to work in a smoke -free area. 3. Smoking shall be prohibited in commonly used work areas, including but not limited to auditoriums, classrooms, conference rooms, meeting rooms, elevators, hallways, mail rooms, supply rooms, recreation rooms, restrooms, employee medical facilities, and rooms or areas containing photocopying or other equipment used by employees in common. 4. Contiguous non - smoking areas shall be designated ..in cafeterias, lunchrooms and employee lounges, which non - smoking areas shall constitute at least 70 percent of the seating capacity and 70 percent of the gross floor area of these facilities. 5. The employer shall use its best efforts to comply with requests from non - smoking employees to be assigned to areas where smoking is prohibited by Section 67.4 of this ordinance and to avoid being assigned to areas covered by Section 67.5 of this ordinance. The employer shall keep written documentation concerning such efforts and make such documentation available to the City upon request. C. In those areas that constitute both work places and indoor areas open to the public, the provisions of Section 67.4 of this ordinance shall govern. D. In those places covered by Section 67.4 of this ordinance an employer may designate a separate enclosed room or rooms not open to the public for use by employees as a smoking room(s). E. No employee shall be penalized or discriminated against in any way for stating his or her preference for working in a smoke -free area or for working in an area where smoking is allowed, and no employee shall be penalized or discriminated against in any way for seeking full compliance with this ordinance in that employee's work place. F. It shall be the responsibility of every employer to adequately guarantee the protection of both the rights of smoking and non - smoking employees. D G7 G. Nothing in this ordinance shall be construed to deny any employee the right to designate the entire place of employment, or any portion thereof, as a smoke -free work area, subject to any employee negotiations pursuant to subdivision B of this section. H. Every employer shall prominently post a written copy of the smoking policy for that work place, including any amendments thereto, in the work place, shall provide a written copy of that policy to every employee, and shall provide a written copy of that policy to every prospective employee. Section 67.7 Posting of Signs (600e "Smoking" or "No Smoking" signs, or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be prominently and conspicuously posted in every place where smoking is regulated by this ordinance by the owner, operator, manager, or other person having control of such place. Such signs shall be protected from tampering, damage, removal or concealment. Section 67.8 Smoking Restrictions Inapplicable The smoking restrictions in this ordinance shall not apply to the following: A. Private homes, private apartments and dwelling rooms, and private motor vehicles (other than motor vehicles owned or controlled by an employer and used by that employer's employees in the course of their employment). B. Any place where a private social function is being held during which the arrangements, including but not limited to seating, are under the control of the sponsor of the function and not the owner, operator, manager, or person in charge of such place. This exception shall apply only during the course of such function. C. Public accommodation facilities that can accommodate fewer than ten people. D. Common residential areas in a fraternity house, a sorority house, a multiple dwelling, a rooming or boarding house, or a dormitory that are utilized collectively by the residents of those facilities and /or by members of the public. Common residential areas in those facilities include but are not limited to lounges, hallways, recreation rooms, mail rooms, laundry areas, bathrooms, meeting rooms, dining rooms, cafeterias, 10 elevators, lobbies, stairways, waiting rooms and waiting areas that are used in common by the residents of those facilities. Section 67.9 General Provisions A. Nothing in this ordinance shall be construed to deny the owner, operator, manager, or person in charge of any indoor place (including but not limited to those places covered by section 67.5 and 67.8 of this ordinance) the right to designate the entire place, or any part thereof, as a smoke -free area. B. Any question concerning the construction of this ordinance shall be resolved in a manner that will provide the greatest protection to all persons from second -hand smoke. C. This ordinance does not permit, and shall not be construed in any way to permit smoking in any place where it is otherwise prohibited by any law, rule, or regulation. D. The owner, operator, manager, or person in charge of a place covered by this ordinance shall request compliance with this ordinance by all persons in such place and shall ask persons who do not comply with this ordinance to leave those premises. Section 67.10 Waivers A. The Mayor or a person specifically designated by the Mayor pursuant to this section may grant a waiver from the application of a specific provision of this ordinance, provided that prior to the granting of any such waiver the applicant for a waiver shall establish in writing that compliance with a specific provision of this ordinance would cause the applicant undue financial hardship or that other factors exist which would render strict compliance unreasonable. It is the purpose of this section to provide an opportunity for waivers to be granted in truly exceptional cases. It is not the purpose of this section to provide a means for avoiding the spirit and letter of this ordinance in the usual cases where compliance with this ordinance will impose some level of burden on those who must take specific actions in order to comply with it. B. Every waiver granted pursuant to this section shall be stated in writing, shall state the basis for granting the waiver, and shall be subject to such conditions or restrictions as may be necessary to minimize the adverse effects of the waiver upon persons subject to an involuntary exposure to second -hand smoke and to ensure that the waiver is consistent with the general purpose and intent of this ordinance. 0 11 C. Waivers granted pursuant to this section shall be valid for a period of not more than twelve months and may be renewed upon application. Applications for renewal shall be reviewed in the same manner as provided for applications for waivers. D. The Mayor or the Mayor's designee may adopt any procedure appropriate for consideration of waivers and waiver renewals under this section. E. Waivers granted pursuant to this section shall not be transferred to any other party without prior written approval by the Mayor or the Mayor's designee. F. A waiver may be granted pursuant to the provisions of (400" this section to permit smoking in a place where this ordinance would otherwise prohibit smoking, if the owner, operator, manager, sponsor or person in charge of that place demonstrates that a ventilation or electronic air cleansing system with odor removing filters installed at that location will remove at least 90% of the smoke and associated gases from that place on a continuing basis. (Industry standards are: 100 -299 cubic feet per person- 8 - 10 changes per hour; 300 -499 cubic feet per person- 6 - 8 changes per hour; 500 or more cubic feet per person - 6 changes per hour; Metal Lab Environmental Systems.) Any waiver granted pursuant to this subdivision shall contain a condition that the waiver shall be revoked should the ventilation and /or electronic air cleansing system fail to meet the above performance specifications or not be adequately maintained - (i.e. filter changes per manufacturer specifications.) Section 67.11 Penalties and Enforcement A. Any person who smokes in any place where this ordinance prohibits smoking shall be guilty of a violation and subject to a civil penalty not to exceed $50.00. Each separate act of smoking in a place where this ordinance prohibits smoking shall constitute a separate offense. B. Any owner, operator, manager, or person in charge of any place in which this ordinance prohibits or otherwise regulates smoking who fails to comply with its provisions in the operation and management of such place (including but not limited to creating smoke -free areas, requesting that persons who come to that place comply with the provisions of this ordinance or leave 12 the premises, and posting no- smoking signs) shall be guilty of a violation and subject to a civil penalty not to exceed $200.00. Each day that any such owner, operator, manager, or person in charge fails to comply with this ordinance shall constitute a separate offense. C. The City Attorney and the City Prosecutor shall have authority to prosecute persons who violate this ordinance through proceedings filed in City Court. D. In order to enforce this ordinance, the City may seek appropriate injunctive relief in a court of competent jurisdiction. E. As part of other inspections which their departments routinely conduct, the Building Commissioner and the Fire Chief shall make provision for inspecting smoke -free areas and no- smoking signs required pursuant to this ordinance. In addition, the Building Commissioner and the Fire Chief shall include standard language in permits or other approvals their respective departments issue requiring the persons who hold those permits or approvals to comply with the provisions of this ordinance. F. The Superintendent of Public Works shall make provision for inspecting on a regular basis all smoke -free areas and no- smoking signs required by this ordinance in all buildings and other structures owned by the City. In addition, the Superintendent of Public Works shall include standard language in permits or other approvals issued by the Department of Public Works for use of City property requiring the persons who hold those permits or approvals to comply with the provisions of this ordinance. G. Where the Mayor determines that any inspection in addition to those covered by subdivision E or F of this section is necessary to enforce this ordinance, the Mayor shall have authority to designate the appropriate City official to carry out such inspection. H. Any person who observes what he or she believes to be a violation of this ordinance may file with the City Attorney a written complaint concerning the alleged violation. Section 67.12 Severability If any provision of this ordinance or the application thereof is held invalid, the remainder of this ordinance and the application thereof to other persons or circumstances shall not be affected by such holding and shall remain in full force and effect. It 13 Section 2. This ordinance shall take effect on October 15, 1988 following publication of a notice as provided in Section 3.11 (B) of the Ithaca City Charter, provided that the penalties and enforcement provisions set forth in Section 67.11 shall not apply until April 15, 1989. OFFICE OF CITY CLERK �i 7 CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 TELEPHONE: 272 -1713 CODE 607 MEMORANDUM TO: MAYOR GUTENBERGER ATTY . NASH ALDERPERSONS FROM: C. PAOLANGELI, CLERK er DATE: OCTOBER 20, 1988 SUBJ: ADDITION TO OCTOBER 5, 1988 COMMON COUNCIL MINUTES Alderperson Nichols has requested that the following addition be made to the CC minutes of 10 /5/88. After the resolution on Hydropower - Request to Cornell for Lease of Land and Water Rights (page 4) instead of "Discussion followed on the floor ", the following be aided: " Alderperson Nichols stated that he had been informed by the Mayor that discussions were already taking place with Cornell relevant to the proposed request. He would move that the resolution be referred to the Planning & Development Committee and the Hydropower Commission with the understanding that the Mayor will keep those Committees informed about those discussions.." <V An Equal Opportunity Employer with an AlGrmalive Action Program'