HomeMy WebLinkAboutMN-CC-1989-07-05rya
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
MAYOR'S APPOINTMENTS:
Conservation Advisory Council
Mayor Gutenberger requested Council's approval for the
appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the
Conservation Advisory Council with a term to expire December 31,
1989.
Resolution
By Alderperson Peterson: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the appointment of J. Keith
Waldron to the Conservation Advisory Council with a term to
expire December 31, 1989.
Carried (9 -0)
Planning and Development Board
Mayor Gutenberger requested Council's approval for the
appointment of David Gooding, 105 Eddy Street, to the Planning
and Development Board with a term to expire December 31, 1989, to
replace Martin Sampson who has resigned.
Regular Meeting 7:00 P.M. July 5, 1989
PRESENT:
Mayor Gutenberger
Alderpersons (9) - Booth, Cummings, Johnson, Nichols, Hoffman,
Killeen, Peterson, Schlather, Romanowski
ABSENT:
Alderperson Lytel
OTHERS PRESENT:
City Attorney - Nash
City Clerk - Paolangeli
City Controller - Cafferillo
Director, Planning and Development - Van Cort
Deputy Director, Planning and Development - Mazzarella
t"
Police Chief - McEwen
Personnel Administrator - Walker
Building Commissioner - Datz
Fire Chief - Olmstead
Assistant Superintendent of Public Works - Fabbroni
Director, Youth Bureau - Cohen
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
MINUTES:
Addition to Minutes of June 7, 1989 Common Council Meeting
Alderperson Peterson (for Alderperson Lytel) requested that on
page 17, under 17.1, Shelter for Homeless, the following be
added to the end of the paragraph that begins 'Alderperson Lytel
argued': "Work that Kathy Evans is doing is investigatory work
leading to a possible application to the State for money for a
new shelter. The $3,000 does not buy the City a completed
application."
of Minutes of June 7, 1989 Common Council Meeting
_Approval
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the June 7, 1989 Common Council
meeting be approved with the above addition.
Carried (9 -0)
MAYOR'S APPOINTMENTS:
Conservation Advisory Council
Mayor Gutenberger requested Council's approval for the
appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the
Conservation Advisory Council with a term to expire December 31,
1989.
Resolution
By Alderperson Peterson: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the appointment of J. Keith
Waldron to the Conservation Advisory Council with a term to
expire December 31, 1989.
Carried (9 -0)
Planning and Development Board
Mayor Gutenberger requested Council's approval for the
appointment of David Gooding, 105 Eddy Street, to the Planning
and Development Board with a term to expire December 31, 1989, to
replace Martin Sampson who has resigned.
30
2 July 5, 1989
Resolution
By Alderperson Killeen: Seconded by Alderperson Booth
RESOLVED, That this Council approves the appointment of David
Gooding to the Planning and Development Board with a term to
expire December 31, 1989.
Carried (9 -0)
Mr. Gooding took the oath of office and was sworn in by City
Clerk Paolangeli.
ADDITIONS TO THE AGENDA:
New Business
Alderperson Johnson requested that Item 21.3, a resolution
regarding the closing of the psychiatric unit at Tompkins
Community Hospital, be added to the agenda.
No Council member objected.
Budget and Administration Committee
Alderperson Schlather noted that there is an amendment to Item
16.24, Renewal Contract with Blue Cross /Blue Shield.
No Council member objected.
Charter and Ordinance Committee
Alderperson Booth requested the addition of Items 17.4, Report on
City's Environmental Review Ordinance and 17.5, Report on City's
Noise Ordinance.
No Council member objected.
DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Schlather requested the deletion of Item 16.8,
Resolution requesting appointment of Engineering Technician.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL:
GIAC Renovations
Diann Sams, 412 Hector Street, addressed the Council and stated
that she wanted to clarify the GIAC Board of Directors position
on renovations to GIAC. She read the following statement:
"We as a Board, as a whole, would like to state that we are all
in support of Day Care and recognize the need. We also recognize
the need for after - school care programming for children 4 to 12
and 13 to 18. We are saying that if day care expands in the
building, as planned, we cannot service these groups in the
capacity that we have been. We would have to cut back on program
services and the number of children served. Our adult program
would be seriously affected also. Our stance is that we
recognize the loss that we would have. We had to evaluate the
kinds of services we could offer and to whom. Considering this
day and age of child abuse, drugs, crime, teen pregnancies, and
suicide with confused youngsters we felt we could not afford to
offer any less to these children, but really need to offer more.
Our question is, if we cannot continue to offer a place for these
youngsters to go, where will they go? Does the library, once
again, want to assume a place for them? Do our store owners want
to see them wandering in and out of their stores? Do our
neighbors want to see them walking the streets or become what is
now known as 'latch -key children"? We certainly have as much a
commitment to children as any. After a child enters a day care
center at six months in less than 4 years we see them at GIAC.
3�
3
July 5, 1989
Only if we have space, and we must be allowed to continue to have
space, can we continue to accommodate these children. We at
GIAC recognize day care but also recognize the needs of all
children we serve.
I urge you to please re -read your copy of the Memorandum of
Understanding between the Drop -in Child Care Center and the GIAC,
in regard to the spacing agreement. Also I encourage you to re-
read Linda Sterk's extensive report on spacing at GIAC."
[•.s. Sams also said that the School District needs to have some
kind of information as to whether the City plans on investigating
the possibility of using Markles Flats for day care and if so
they need to know because they do have tenants in that building.
Paul Sayvetz, 201 Elm Street, spoke regarding the Strand
Theatre. He said that he thinks there is a strong grass -roots
desire for that building to get saved even if it has to be moth-
balled for a number of years until we become more enlightened as
a community and see the value of the building. He said that he
was at both of the inspection tours of the building and he thinks
that it is in much better condition than what has been reported.
Southwest Park
Mr. Sayvetz also spoke of the new 'No Trespassing' signs at
Southwest Park. He referred to the Land and Water Conservation
Fund Grants Manual and cited that "the facility shall be kept
open for public use at reasonable hours and times of the year,
according to the type of area or facility ". He said that he
thinks the padlock on Southwest Park should be removed and that
the signs should be taken down.
Housing Issues in the City
The following persons spoke to Council regarding housing issues
in the City of Ithaca:
Valerie MacDougall - 315 South Albany Street
John Schroeder - 618 Stewart Avenue
Fay Gougakis - 412 Tompkins Street
Jeanne Fudala - 615 North Aurora Street
RESPONSE TO THE PUBLIC:
Shade Tree Committee
Alderperson Cummings requested Council to work on the landscape
guidelines and the issue of trees on private property.
Tree Ordinance
Nina Bassuk, 1345
Mecklenburg Road, Chair of the Shade Tree
-�
Advisory Committee,
spoke in support of the Shade Tree Ordinance
lD
and urged the Council to pass the ordinance.
Mayor Gutenberger
thanked Nina Bassuk and the Committee for all
the work that went
into the report and the Ordinance.
<
Housing Crisis in City
John Efroymson,
420 North Cayuga Street, representing an
organization called 'The Affordable Housing Agenda', addressed
Council. He stated that they have collected over the last couple
of months over 200
signatures on a petition which he presented to
Mayor Gutenberger.
The petition is asking the City to take some
real serious steps
now. He referred to several points that need
to be addressed by
the City, such as Building Codes, Certificates
of Occupancy,etc.
Mr. Efroymson also spoke on rent control and
tenants rights.
Strand Theatre
Joseph Moore, 706
South Plain Street, spoke to Council and urged
the preservation
of the Strand Theatre as a Performing Arts
Center.
Paul Sayvetz, 201 Elm Street, spoke regarding the Strand
Theatre. He said that he thinks there is a strong grass -roots
desire for that building to get saved even if it has to be moth-
balled for a number of years until we become more enlightened as
a community and see the value of the building. He said that he
was at both of the inspection tours of the building and he thinks
that it is in much better condition than what has been reported.
Southwest Park
Mr. Sayvetz also spoke of the new 'No Trespassing' signs at
Southwest Park. He referred to the Land and Water Conservation
Fund Grants Manual and cited that "the facility shall be kept
open for public use at reasonable hours and times of the year,
according to the type of area or facility ". He said that he
thinks the padlock on Southwest Park should be removed and that
the signs should be taken down.
Housing Issues in the City
The following persons spoke to Council regarding housing issues
in the City of Ithaca:
Valerie MacDougall - 315 South Albany Street
John Schroeder - 618 Stewart Avenue
Fay Gougakis - 412 Tompkins Street
Jeanne Fudala - 615 North Aurora Street
RESPONSE TO THE PUBLIC:
Shade Tree Committee
Alderperson Cummings requested Council to work on the landscape
guidelines and the issue of trees on private property.
c
4 July 5, 1989
Alderperson Nichols thanked the Shade Tree Committee and noted
that the ordinance comes with the support of the Board of Public
Works. On the question of Southwest Park, he thinks the Council
needs an answer to Mr. Sayvetz's question. He asked for a report
on that issue as soon as possible.
Affordable Housing
Alderperson Romanowski spoke on the affordable housing issue and
asked for clarification as to what the public means when they
talk about affordable housing.
Maplewood Apartments /Cornell University
Mayor Gutenberger stated that he has met with Cornell University
regarding the Maplewood Apartments going up at the old Cornell
Quarters. He has insisted that Cornell University fulfill its
commitment to this community to put graduate student housing in
the Maplewood Apartments.
REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS:
Rental Housing Task Force
Steve Jackson, 142 Giles Street, Chair of the Rental Housing Task
Force, presented the final report to the Council from the Rental
Housing Task Force. He commented on components of the report.
Mayor Gutenberger thanked Mr. Jackson, Alderperson Killeen and
members of the committee for all the work that went into this
study.
Mr. Jackson answered questions from Alderpersons regarding this
study.
Board of Public Works
Commissioner Reeves reported on the following for the Board of
Public Works:
"No Trespassing" Signs at Southwest Park - Comm. Reeves stated
that the reason for the "No Trespassing" signs and the locked
gate at Southwest Park was that there was quite a bit of
unauthorized dumping of trash in the park by unknown persons.
Recycling - Comm. Reeves stated that the City pick up of
recyclable materials will be expanded this Fall to include
plastics. Lynn Leopold, Recycling Coordinator, is working on the
publicity. It will be on a voluntary basis, it will not be part
of the mandatory recycling program, at this time.
Re- bricking of Stewart Avenue - Comm. Reeves reported that the
Streets and Facilities highway crews have been working on the re-
bricking of Stewart Avenue.
Transit Roadeo - Comm. Reeves reported that the Transit Roadeo
was held on June 11th at Cass Park. There were six transit
systems involved. The entire Roadeo was a great success.
Privatization Issue - Comm. Reeves referred to Item 21.1, under
New Business on tonight's agenda. She stated that the Board of
Public Works wishes to proceed with the investigation into
privatization. She said that the Board had a copy of a letter
from Ron Denmark at the Wastewater Treatment Plant to Larry
Fabbroni dated July 5, 1989 regarding this subject. The letter
reads as follows:
"In circumstances such as this there are always a great deal of
rumors and I would like to inform you of my position on this
matter and hope that you will consider the opinion of the staff
at this facility when making a final decision in this matter.
I feel strongly that we should discuss the matter with a
representative from a contracting firm. I would very much like
to hear directly from such a representative as I know some
•e�
5 July 5, 1989
operators from privately operated wastewater treatment facilities
that speak highly of privatization. After talking with such a
representative I would like to request that the City involve the
employees in any decision they make and the signatures below
represent interest in privatization by allowing a representative
to discuss the possibilities ".
Comm. Reeves stated that there are 11 signatures on the letter.
She said that the employees and staff will be taken into
consideration and the Board of Public Works will continue to seek
input from all involved. She stated that the Board of Public
Works strongly urges Council to vote "No" on Alderperson Nichols'
resolution in which he recommends the Board of Public Works be
denied the opportunity to investigate the privatization issue.
Comm. Reeves answered questions from Council.
Discussion followed on the floor regarding the recycling of
,rn plastics and why it is not being made mandatory. Asst. Supt.
Fabbroni answered questions from Council on this matter and
indicated staff would be studying the matter further.
Alderperson Cummings thanked the Board of Public Works and staff
for working on the lighting of Council Chambers for the
telecasting of Council meetings.
Youth Bureau Board
Alderperson Booth reported for the Youth Bureau Board that there
is a need for people to volunteer to serve on the Youth Bureau
Board, to act as policy overseers of the Youth Bureau in its
operations. He said that the County Youth Bureau Board is also
(tm� in need of members. He urged Council members who have
suggestions to make and persons that might be desirous of serving
their community in this way to let the Mayor, the Youth Bureau
Director Sam Cohen or the County know of their interest.
COMMUNICATIONS FROM THE MAYOR:
Petition - Banning Cars
Mayor Gutenberger stated that there was a petition delivered on
June 12 to his office requesting the City of Ithaca to ban all
cars from the City. He presented the petition to the City Clerk.
Route 96 Update
Mayor Gutenberger stated that the report is in its final stage of
review and should be received by the end of next week.
Community Development Grant
Mayor Gutenberger reported that the City of Ithaca was verbally
informed that our Community Development Grant application was
successful. The grant is for $555,800.
CITY ATTORNEY'S REPORT:
Sale of the Strand Theater
City Attorney Nash reported that the sale of the Strand Theatre
which was scheduled for July 7th has been postponed, due to
problems meeting all the legal requirements necessary to conduct
the sale of that building as they originally envisioned. At this
time there is no new date set for the sale.
Alderperson Johnson asked if City Attorney Nash could specify
what the legal problems are with the sale of the Strand. City
Attorney Nash replied that all the owners have not agreed to the
sale at this point.
Cable Franchise
Alderperson Schlather referred to a memo from City Attorney Nash
dated June 30, 1989, relative to the cable franchise. He asked
about the time frame in regard to approval for the transfer of
the franchise to Paramount. The City Attorney said that the time
frame is 120 days. Alderperson Schlather requested that the
34
6 July 5, 1989
matter be referred to the Charter and Ordinance Committee and the
Cable Commission.
Alderperson Schlather asked the following questions of City
Attorney Nash:
1. Would he investigate and advise the Council as to whether the
City will be able to charge the cost of evaluating the
proposed transfer either to ACC or Paramount?
2. Could we also have clarification with respect to the
advertising on channel 6, which is now an issue and the
question of the franchise fee overpayment, since it appears
that we may be running into a potential lawsuit on that issue
as well.
Alderperson Booth asked if it would be appropriate or feasible
for City Attorney Nash and Planning Director Van Cort to scope
out what sorts of criteria considerations the City should go
through in order to make a judgment as to whether or not we
should approve the transfer.
Alderperson Cummings wished to clarify that it is not only the
advertising on Channel 6 that we are against; it is the whole
Channel.
Fane Lawsuit
Alderperson Killeen referred to the Jason Fane lawsuit regarding
705 East Buffalo Street. He stated that he knows it is working
its way through the legal process. He said that he filed a
second complaint last week because a new sign has gone up
advertising the availability of rooms at that same historic home.
He asked City Attorney Nash if there is no way that this matter
can be brought to a closure. He asked what is holding up
compliance with the 'cease and desist order' that was issued a
year ago.
City Attorney Nash stated that one of the problems has been the
scheduling of a re- inspection of the premises. It was initially
inspected in December 1988 to see if it then complied with the
applicable codes as a multiple residence and the Building
Commissioner took the position that since it seemed to be
occupied as a fraternity, which would have different
requirements, he did not want to inspect it as a multiple
residence. He said that he hopes it will be re- inspected within
the next two weeks so at least the City can ascertain whether it
now meets Building and Housing Code requirements.
City Attorney Nash further stated that the Court case, of course,
involves past violations and whether or not it is now legal does
not remedy the fact that it once was illegal, as the City
contends. The process is long and drawn out. The matter is
scheduled to return to Court on July 21st to dispose of the final
motions in the case and a trial date will be set at that time.
Further discussion followed on the floor between Alderperson
Killeen and City Attorney Nash. Building Commissioner Datz
answered questions from the floor.
HUMAN SERVICES COMMITTEE:
GIAC Renovations - City Contract - Report
Alderperson Peterson stated that the Human Services Committee
voted to proceed on the renovations as long as there was adequate
funding set aside through our budget process to cover all the
renovations that were necessary for GIAC programs and to provide
for expanded day care. The GIAC Board, however, have come up
with more concrete figures as to use of space which the committee
needs to examine thoroughly.
I rn
c� :9
7 July 5, 1989
Alderperson Peterson said that she has sent a letter to the
School Board and the Board of Representatives asking about the
Markles Flats building, both for day care and for GIAC programs.
The old jail was also mentioned, as it has been renovated into
child care space. She further stated that Meadow House will be
vacant because the facility will be moved to the new Mental
Health building, so we might want to keep that in mind for child
care space.
Alderperson Peterson further stated that tied in with the
discussion on day care and GIAC renovations, there has been a
subcommittee meeting to talk about a contract that would be
signed between the City and GIAC. There has been contract
proposals for 6 or 7 years and we have never signed one. The
final suggested language, with a couple of key questions, has
been sent to City Attorney Nash for his review.
Alderperson Johnson remarked that as a member of that committee,
�.i.i he thinks it is important that it be noted that there were
f! several members who were very concerned that we had spent an
extensive amount of money on recommendations and an architect's
s report and that the concerns for the programs were not taken into
account at the time that study was done.
Mayor Gutenberger stated that there was a lot of discussion on
the programs at GIAC but the space allocation report never got
done as it was supposed to.
Alderperson Schlather noted that there was a Comprehensive
Facilities Committee that had met at GIAC, under Bob Cutia.
There were representatives of staff, the Youth Bureau, and the
Board of Public Works to discuss the reuse and renovation of that
facility. The end;1�esu_�l/t was that architect, Bob Boehlecke, was
commissioned to,idt the renovatiOns. It should be understood that
at that time the GIAC facility was being used for GIAC purposes
only on the first floor. The second floor was being rented out
to EOC, and in fact, had only then become vacant. As a
consequence there was some discussion by GIAC about moving some
of its programs temporarily up to the second floor.
Alderperson Schlather further stated that at the time it appeared
very reasonable to accommodate the drop -in center as a full time
day care center on the first floor provided that we could assure
GIAC programs full access to the second floor by means of an
elevator. He said that now there is some concern that GIAC
programs have expanded significantly but he certainly would not
suggest that at the time that the original studies were done,
that they were done without adequate information. It was done
very comprehensively and there is still some disagreement on the
Board as to whether or not we cannot accommodate the drop -in
center as a full time program on the first floor.
Homeless Shelter - Report
Alderperson Peterson reported that the sub - committee on the
permanent homeless shelter has been meeting regularly. They
expect to have some money from EOC to help defray a substantial
portion of the cost of the Southside Shelter for 1989 -90. The
sub - committee is also going to look at the usage and client
profiles of Southside as compared to the Red Cross Shelter. She
said that the sub - committee would also like Southside to approach
the Department of Social Services to ask about DSS reimbursements
for clients who use Southside as DSS reimburses clients who use
Red Cross or the motels.
Further discussion
followed on the
floor on exploring the Markle
Flats building as
an alternative.
Alderperson Peterson
remarked
that she thinks it
space allocation at
is now time to
GIAC. It may
look at Linda Sterk's
be time to have an
study of
architect
look at that and
see if there
is some space that
has been
overlooked.
Homeless Shelter - Report
Alderperson Peterson reported that the sub - committee on the
permanent homeless shelter has been meeting regularly. They
expect to have some money from EOC to help defray a substantial
portion of the cost of the Southside Shelter for 1989 -90. The
sub - committee is also going to look at the usage and client
profiles of Southside as compared to the Red Cross Shelter. She
said that the sub - committee would also like Southside to approach
the Department of Social Services to ask about DSS reimbursements
for clients who use Southside as DSS reimburses clients who use
Red Cross or the motels.
36)
0
July 5, 1989
Alderperson Peterson said that there will be additional requests
both from the City and County Human Service fundings for
emergency shelters. We need to think about what our priorities
as a city should be for human services funding.
* 14.3 Support for "Housing Now!"
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the City Council has recognized the community's need for
available, affordable housing for many sectors of the public,
including the most needy and homeless, and
WHEREAS, a local effort spearheaded by the "Housing Now!"
Coalition is underway to stimulate participation in both national
and local efforts to attack the housing crisis, and
WHEREAS, Common Council's encouragement of such grass -roots
involvement in housing issues is consistent with and beneficial
to its own work on affordable housing; now, therefore, be it
RESOLVED, That Common Council urges support for the "Housing
Now! "Coalition efforts, including participation in their meetings
and a special rally to be held September 9, 1989, and be it
further
RESOLVED, That the "Housing Now!" Coalition be invited to the
September 6, 1989 Council meeting to report on its local
progress regarding their agenda on tackling the housing crisis.
Carried (9 -0)
PLANNING AND DEVELOPMENT COMMITTEE:
Hydropower - Report
Alderperson Cummings reported that they are waiting for the Van
Natta Dam proposals to come back. They hope to have a
recommendation on Van Natta Dam in time for the August Council
meeting.
Alderperson Cummings referred to the Fall Creek designation and
stated that it appears that the strategy of designating the river
as a mechanism to prevent hydropower seems very questionable.
She further stated that as a Council we have an obligation to do
two things - to make sure that what goes in there is carefully
controlled and environmentally compatible and a financial
obligation to the city to check out where the negotiations with
NYSEG are on this. She asked that if people have concerns and
questions they should be directed to Alderperson Hoffman and the
Hydropower Commission.
Discussion followed on the setting of boundaries for designation
of Fall Creek. Alderperson Hoffman remarked that the Citizens
Group cannot decide on the boundaries. They can simply make
recommendations to the State, as the City can also do.
Mayor Gutenberger remarked that the final setting of the
boundaries must also go through the Public Hearing process so
that everyone has the opportunity to be heard. He further stated
that staff is working on many questions at the State and Federal
level.
Alderperson Cummings requested that we look seriously at the
European style Hyrdo - plant. Alderperson Hoffman replied that
this is being done.
* 15.2 West Hill Master j?-Lan
Environmental Review
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the Department of Planning and Development has prepared
a new master plan for the West Hill portion of the City of
Ithaca, and
0J
July 5, 1989
WHEREAS, the State Environmental Quality Review Act and the City
of Ithaca's Environmental Quality Review Ordinance require that
an environmental review of the West Hill Master Plan be completed
before its adoption, and
WHEREAS, the Board of Planning and Development has requested that
Common Council designate the Planning and Development Board as
lead agency for the environmental review of the West Hill Master
Plan; now, therefore, be it
RESOLVED, That the Board of Planning and Development is hereby
designated as the lead agency for the environmental review of the
West Hill Master Plan.
Alderperson Schlather asked if there was any discussion about
dove - tailing this environmental review with the generic
environmental review that we were talking about with Mr. Nolan.
He said that it seemed to him that a key component of his
tom) proposal is exactly that kind of environmental review; a so-
called generic environmental review that could be then used as a
key document in evaluating development proposals within a master
plan area.
`{ Deputy Director Mazzarella stated that while we have not come up
with the exact subjects on this environmental review for the West
Hill Master Plan, he thinks that a lot of the attention will be
focused on the impact of roads and traffic, public utilities,
emergency vehicle access and similar kinds of subjects which he
does not think will be the subject of Mr. Nolan's generic
environmental impact statement which will deal primarily with
housing development and affordibility of housing.
(400.", Alderperson Schlather remarked that another concern of his is the
question of lead agency and the question of giving up of a
certain amount of authority. He said that it may very well be
that as part of the master plan, especially with respect to the
lower parts of West Hill, there is going to be a request for
rezoning certain areas. He would hate to be in the position of
having the Planning Board say to the City 'we will not sign off
on this West Hill Master Plan unless you agree to rezone lower
parts of West Hill'. He would not want the City to have to do
something at the behest of the Planning Board simply because we
want to get the Master Plan approved. He thinks Common Council
should reserve unto itself that kind of policy making decisions
as opposed to the Planning Board.
Alderperson Cummings responded that this was discussed and the
sense of going with the Planning Board was because it is the
agency that has been involved thus far in bringing this project
along, and is capable of doing a very close scrutiny in the
review.
Further discussion followed on the floor.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
(awel RESOLVED, That the third Whereas be stricken and that the
Resolved be changed to read: "RESOLVED, That Common Council be,
and it is hereby designated, as the lead agency for the environ-
mental review of the West Hill Master Plan."
Discussion followed on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (3) - Schlather, Romanowski, Peterson
Nays (6) - Booth, Cummings, Nichols, Johnson, Killeen,
Hoffman
Motion Defeated (3 -6)
q�
10 July 5, 1989
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (7) - Cummings, Nichols, Johnson, Booth, Hoffman,
Peterson, Killeen
Nays (2) - Schlather, Romanowski
Carried (7 -2)
* 15.3 Amendments to Section 30.3 30.21 30.25 and 30.26 of the
Zoning Ordinance (R -2c zone)
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the Common Council of the City of
Ithaca, New York, and
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on Tuesday, August 1, 1989 at 7:00 p.m., and
RESOLVED, That the City
by the publication of
specifying the time when
will be held, and in
ordinance. Such notice
days prior to the public
Clerk give notice of such public hearing
a notice in the official newspaper,
and the place where such public hearing
general terms describing the proposed
shall be published once at least fifteen
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.3, 30.21, 30.25 AND 30.26
OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL
CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
SECTION 1. AMENDING SECTION 30.3, DEFINITIONS.
1. That the definition for "Dwelling, one - family" shall be
amended to read as follows:
"'Dwelling, one - family' shall mean a dwelling unit
occupied exclusively for residential purposes by an individual or
family and not more than one (1) unrelated individual, or a
functional family unit. In the R -1 zones, occupancy by an
individual or a family plus not more than two (2) unrelated
individuals is permitted if the dwelling is owner - occupied. In
the R -2 and R -3 zones, occupancy by an individual or a family
plus not more than two (2) unrelated individuals is permitted. A
one - family dwelling may be constructed in any of the following
configurations, as permitted in specific zoning districts:
A. One - family detached dwelling - A building containing
not more than one dwelling unit.
B. One - family detached dwelling, zero lot line - A
building containing not more than one dwelling unit
which is sited so that the side of the building is on
or near the side property line of the parcel on which
it is built.
C. One - family semi - detached dwelling - A building
containing not more than two one - family dwellings, each
lr�
r)r/
11 July 5, 1989
of which shares a party wall or other common
structural elements with the other dwelling unit in the
building.
D. One - family attached dwelling - A building containing
three or more one - family dwellings, each of which
shares one or more party walls or structural elements
with the other one - family dwellings in the building. A
maximum of six (6) dwelling units may be attached to
form a single building.
2. That a new definition for "Legal Occupant ", be added as
follows:
11104. 'Legal Occupant' shall mean a person that is
permitted to reside in a dwelling unit or building that contains
s habitable space. The minimum amounts of habitable space that are
required for legal occupancy by one or more persons are shown in
Section 27.9 of the City of Ithaca Municipal Code."
r .
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING
DISTRICTS.
That Section 30.21, Establishment of Zoning Districts, be
amended to add the following new zoning district, to be
inserted after the words 11R -2b Residential ":
11R -2c Residential".
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS
(400.1 1. That Section 30.25, District Regulations Chart, be amended
as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, change "One- family dwelling" to "One- family
detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, change "One- family dwelling" to "One- family
detached or semi - detached dwelling ".
C. Under Column 2, Permitted Primary Uses, add the
following:
11R -2c only: Single - family detached dwelling, zero -lot
line.
R -2c only: Single - family attached dwelling."
D. Under Column 2, Permitted Primary Uses, for the R -3
districts, change "One- or two- family dwelling" to "One
family detached, semi - detached or attached dwelling or
two - family dwelling."
E. Under Column 2, Permitted Primary Uses, for the R -U
(,move, district, change "One- or two - family dwelling" to
"One- family detached, semi - detached or attached
dwelling or two - family dwelling."
F. Under Column 3, Permitted Accessory Uses, for the R -2
districts, add "3. R -2c only; Private garage for not
more than six (6) cars per building."
G. Under Column 6, Minimum Lot Size, Area in Square Feet
change the following:
1. For the R -la zone, change "One- family dwelling" to
"One- family detached dwelling."
40
12 July 5, 1989
2.
For the R -lb zone, change "One- family dwelling" to
"One- family detached dwelling."
Column 7, Minimum Lot Size, Width
3.
For the R -2a zone, change "One-
or two - family
dwelling" to "One- family detached or
semi - detached
dwelling" to
dwelling or two - family dwelling ".
"One- family detached dwelling ".
4.
For the R -2b zone, change "One-
or two - family
dwelling" to
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
For the R -2a zone, change "One- or two - family
5.
For the R -3a zone, change "One-
or two - family
dwelling" to "One- family detached or
semi - detached
4.
dwelling or two - family dwelling ".
6.
For the R -3b zone, change One-
or two - family
dwelling or two - family dwelling ".
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
7.
For the R -U zone, change "One- family
dwelling" to
"One- family detached dwelling ".
8.
For the R -U zone, change "Two- family
dwelling" to
"One- family semi - detached dwelling
or two - family
dwelling ".
H. Under Column 6, Minimum Lot Size, Area
in Square Feet
add
under the subdistrict heading "R -2c":
"1.
One - family detached: 2500 for the first legal
occupant, plus 500 for each additional legal
occupant.
2.
One - family semi - detached: 2000
for the first
legal occupant in each dwelling unit, plus 400 for
each additional legal occupant in
each dwelling
unit.
3. One - family attached: 1500 for the first legal
occupant in each dwelling unit, plus 300 for each
additional legal occupant in each dwelling unit,
plus 500 for each additional legal occupant in
each dwelling unit in excess of five (5) legal
occupants.
4. Two - family dwelling: 2000 for the first legal
occupant in each dwelling unit, plus 400 for each
additional legal occupant in each dwelling unit.
5.
Other uses: 400011.
I. Under
Column 7, Minimum Lot Size, Width
in Feet at
Street
Line, change the following:
1.
For the R -la zone, change "One- family
dwelling" to
"One- family detached dwelling ".
2.
For the R -1b zone, change "One- family
dwelling" to
"One- family detached dwelling ".
3.
For the R -2a zone, change "One- or two - family
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
4.
For the R -2b zone, change "One- or two - family
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
I V&
I rn
41
13 July 5, 1989
5. For the R -3a zone, change "One- or two - family
dwelling" to "One- family detached or semi - detached
dwelling or two - family dwelling ".
6. For the R -3b zone, change "One- or two - family
dwelling" to "One- family detached or semi - detached
dwelling or two - family dwelling ".
(000, 7. For the R -U zone, change "One- family dwelling" to
"One- family detached dwelling ".
8. For the R -U zone, change the "Two- family dwelling"
to "One- family semi - detached or two - family
dwelling ".
J. Under Column 7, Minimum Lot Size, Width in Feet at
Street Line, add under the subdistrict heading "R-
�� 2 c" :
1. One - family detached: 40
s 2. One - family semi - detached: 50
1�)
Q:'l° 3. One - family attached: 50
4. Two - family: 50
5. Other Uses: 40
K. Under Column 8, Maximum Building Height, Number of
Stories, add under the subdistrict heading "R -2c ":
n3".
(600" L. Under Column 9, Maximum Building Height, Height in
Feet, add under the subdistrict heading "R -2c ": 1135 ".
M. Under Column 10, Maximum Percent Lot Coverage By
Buildings, add under the subdistrict heading: "R -2c ":
1. One - family detached: 35
2. One - family semi - detached: 40
3. One - family attached: 50
4. Two - family: 40
5. Other Uses: 35
N. Under Column 11, Yard Dimensions, Front, Minimum
Required, add under the subdistrict heading "R -2c ":
"10".
O. Under Column 12, Yard Dimensions, Side, One Side at
Least, add under the subdistrict heading "R -2c ":
1. One - family detached: 10
2. One - family detached,
zero lot line: 15
3. One - family semi-
detached, unattached sides
only: 10
4. One - family attached,
unattached sides only: 10
5. Two - family: 10
14 July 5, 1989
P. Under Column 13, Yard Dimensions, Side, Other Side at
Least, add under the subdistrict heading "R -2c ":
1. One - family detached: 5
2. One- family detached,
zero -lot line: 0
3. One - family detached, zero -
lot line, on side abutting a
non - zero -lot line building: 5
4. One - family semi - detached,
attached sides: 0
5. One - family attached,
attached sides: 0
6. Two - family: 5
Q. Under Column 14, Yard Dimensions, Rear, Percent of
Depth, add under the subdistrict heading "R -2c ":
"25".
R. Under Column 15, Yard Dimensions, Rear, Maximum
Required in Feet, add under the subdistrict heading 11R-
2c ": 115011
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, Group Care
Residence, be amended by adding the following under "3.
Density controls at individual facility level:"
DISTRICT R -2c
TOTAL AREA IN SQUARE FEET
WIDTH IN FEET AT STREET LINE
SIDE YARDS
MAXIMUM NUMBER OF RESIDENTS
3,000 for first 6
residents + 1,000
for each add'1
resident
40
10 - 10
10
2. That Section 30.26(C), Special Permits, be amended by adding
the following under Paragraph 4 (iv) after the label "R -2b ":
"R -2c".
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Alderperson Cummings gave background information on the
amendments and discussion followed on the floor. Deputy Director
Mazzarella answered questions from Council members.
Motion to Refer to Committee
By Alderperson Nichols: Seconded by Alderperson Booth
RESOLVED, That the amendments to Sections 30.3, 30.21, 30.25 and
30.26 of the Zoning Ordinance (R -2c zone) be referred to the
Charter and Ordinance Committee for review and report back to the
Council.
Carried (9 -0)
15 July 5, 1989
Finger Lakes Parks Improvements - Report
Alderperson Cummings reported that Mr. Andy Mazzella from Finger
Lakes Parks came to the Planning and Development Committee
meeting to give a comprehensive overview of what projects were
being undertaken, including the proposed addition of a pier at
the marina. He updated the committee on the additional
activities that were taking place including the 30 acres of land
acquisition at Treman State Park and enhancement of day use
picnic facilities in that area. In addition, the bike paths,
phases 1, 2 and 3 were discussed.
Mr. Mazzella asked the committee to request Council to move
forward on making land available for the additional pier and he
updated the committee on the changes in the plans that had
happened in that immediate area including the definition of
boundaries of Hog's Hole, the expansion of that area to include
some additional woodlands, planned enhancements of Hog's Hole by
creating additional wetland habitat within the area, and
ij relocation and moving of proposed parking areas slightly away
r
from it.
1 Alderperson Cummings asked the City Attorney about a resolution
C. =�i passed at a previous Council meeting directing him to draw up any
lz-
necessary transfer documents and what form that transfer had to
take. The Committee is now requesting that we move expeditiously
on this matter.
Alderperson Schlather asked City Attorney Nash if he could look
into the possibility of the City entering into some kind of a
revocable license agreement on the marina which would ultimately
result in the transfer of the lands once all the other things
(48so" that the State is talking about are done.
Alderperson Peterson stated that if the State wants to expand the
Marina into our lands she would like some kind of concession from
the State regarding Hog's Hole.
City Attorney Nash will look into the matter.
Recess
Common Council recessed at 10:00 p.m. and reconvened in regular
session at 10:15 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Police Department Computer Software RFP
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Police Chief is hereby authorized to
circulate a request for proposals for the acquisition and
installation of a Law Enforcement Software.
Carried (9 -0)
* 16.2 Youth Bureau Personnel Roster Amendment
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the Youth Bureau Personnel Roster be amended as
follows:
Delete 1 20 hour per week Youth Worker
Delete 1 17.5 hour per week Youth Worker
Establish 1 full time Youth Worker Position
Carried (9 -0)
* 16.3 Youth Bureau Program Budget Amendment
By Alderperson Schlather: Seconded by Alderperson Hoffman
WHEREAS, The Youth Bureau has received confirmation of a New
York State Education Department grant for the establishment of a
Youth at Risk and Community Partnership Program, now therefore be
it
4R 4
16
July 5, 1989
RESOLVED, That contingent upon actual receipt of said grant, the
1989 Budget appropriations for Youth Bureau purposes be amended
as follows:
Increase A7310 -120 $5,525
A7310 -440 100
A7310 -445 100
A7310 -460 275
and be it further
RESOLVED, That General Fund Estimated Revenues be increased to
reflect the anticipated receipt of State Aid (A3820) in the
amount of $6,000.
Carried (9 -0)
* 16.4 Lease of New Fire Stations Sites From Town of Ithaca
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Mayor be authorized to sign an agreement with
the Town Of Ithaca for the lease of the West Hill and South Hill
Fire Station sites, in accordance with terms and conditions as
set forth in the 1987 Fire Protection Contract.
Carried (9 -0)
*16.5 Request to Board of Public Works to Abandon Tioga Street
South of Green Street
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That Common Council hereby requests, that the Board of
Public Works abandon the roadbed at Tioga Street, south of Green
Street, in order to allow steps to be taken to transfer necessary
lands to the County as part of its development project, and be it
further
RESOLVED, That the Common Council requests prompt and complete
resolution of outstanding parking issues pertaining to this
project.
Carried (9 -0)
* 16.6 Public Works Employee Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Romano
wski
RESOLVED, That Lisa Cornell be permanently appointed to the
position of Administrative Secretary to the Superintendent of
Public Works, and be it further
RESOLVED, That her salary be increased by four percent to
$17,159, which is Step 2 on the 1989 Compensation Plan for 40
hour confidential employees not covered by a bargaining unit,
effective July 10, 1989.
Carried (9 -0)
* 16.7 Authorization to Expend Capital Reserve Fund Moneys for
Purchase of DPW Equipment
By Alderperson Schlather: Seconded by Alderperson Nichols
RESOLVED, That an amount not to exceed $20,000 be appropriated
from Capital Reserve #23 for the acquisition of Department of
Public Works equipment relative to in -house sign preparation as
follows:
A. Sign Machine $12,500
B. Pressure Sensitive Sign Applicator 2,250
C. Graffiti Remover 4,500
D. Pullers and Push Pullers 750
$20,000
Carried (9 -0)
15
* 16.9 Increase Capital P
By Alderperson Schlather:
RESOLVED, That Capital
increased by $64,000 for
curbing on Hillview Place
further
17 July 5, 1989
ro-ject for Curbing Construction
Seconded by Alderperson Booth
Project 206 for street curbing be
the purpose of constructing granite
and upper Mitchell Street, and be it
RESOLVED, That $48,000 in available C.H.I.P.S. moneys and
$16,000 in encumbered funds be transferred from A690 -2 and A5111-
700 for the purpose of financing said project increase.
Carried (9 -0)
* 16.10 Fire Department Request to Amend Roster
By Alderperson Schlather: Seconded by Alderperson Hoffman
WHEREAS, Fire Fighter Juddson Leonard has been placed on a
permanent disability status, and has been assigned to a light
duty position which involves non -fire fighting duties, now
therefore be it
t)) RESOLVED, That the Fire Department Roster be increased by one
fire fighter position, contingent upon formal approval by the
Board of Fire Commissioners, and be it further,
-� RESOLVED, That said roster be reduced to its original staffing
level should the permanently disabled fire fighter in question
retire, and be it finally
RESOLVED, That the Town of Ithaca be notified of such roster
change in order to permit inclusion inapplicable fire protection
contract payments.
Alderperson Schlather gave background information on the
resolution and discussion followed on the floor.
me
Mayor Gutenberger was asked to convey the resolution to the Town
of Ithaca.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 16.11 Amendments to Fire Department Authorized Equipment List
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That authorized equipment list for the Fire Department
be amended as follows:
A.
1
Lot of SCBA Equipment
$1,386.30
B.
2
Chain Saws
1,626.00
C.
1
Rescue Mannequin
350.00
D.
1
Vacuum Cleaner
663.76
and be it further
RESOLVED, That $663.76 be transferred from account A3410 -477,
Equipment Parts and Supplies, to account A3410 -225, Other
Equipment , with the balance of $3,362.30 to be paid from
existing funds available in account A3410 -225, and be it further
RESOLVED, That this authorization is contingent upon formal
approval by the Board of Fire Commissioners at its next meeting.
Carried (9 -0)
* 16.12 Health Insurance Premiums for 1987 Retirees
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, three employees, Robert Breene, James Diamond, and
Richard Ellis, had applied for retirement prior to the July 1,
1987 effective date of the Health Insurance Retirement Incentive
Program, now therefore, be it
461
M
July 5, 1989
RESOLVED, That said employees Health Insurance accounts be
credited retroactively with payments made in excess of the fixed
incentive program rates, as established in the Health Insurance
Retirement Incentive Program which went into effect July 1, 1987.
Alderperson Schlather explained that the foregoing resolution is
being offered to correct inequities for these three individuals.
Carried (9 -0)
* 16.13 Recruitment and Selection Procedure for Department Heads
and Managerial Personnel
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Common Council does herewith adopt the following
Recruitment and Selection Procedure for Department Heads and
Managerial Personnel, effective immediately:
RECRUITMENT AND SELECTION PROCEDURE
FOR
DEPARTMENT HEADS AND MANAGERIAL PERSONNEL
I. RECRUITMENT
A. Upon notice of a vacancy in any of the positions
specified in Section 2.27 of the City Charter, the
Personnel Department shall initiate a state -wide
recruitment campaign. Newspaper advertisements and job
announcements shall be circulated as follows:
Newspapers
Albany Times -Union
Binghamton Press and Sun - Bulletin
Buffalo News
Cortland Standard
Elmira Star - Gazette
Ethnic News
Ithaca Journal
New York Times (if applicable)
Syracuse Herald - American
Job Announcements
All local community outreach agencies
All municipal Personnel Departments in New York State
All local employment agencies
All major College Placement Offices in New York State
All Minority Placement Agencies in New York State
Professional Journals and Publications
Any that are applicable
Recruitment campaigns may be extended into national
searches, if the position dictates that a national
search would be advisable.
A minimum of thirty (30) days will be allowed for the
submission of applications. If possible, the
application period will be extended to sixty (60) days.
B. Upon the receipt of a resume, the Personnel Department
shall send a blind Equal Employment Opportunity
questionnaire to the applicant. The Equal Employment
Opportunity questionnaire shall be used for statistical
purposes only and shall not contain any information
which can be used to identify the candidate.
WF
r f,
19 July 5, 1989
C. Upon the return of the EEO questionnaire, the Personnel
Department shall establish a profile of the applicant
pool with respect to sex, race, age, handicapped status
and veteran status.
D. The Personnel Department shall review all applications
and resumes received for the position against the
established position qualifications. The Personnel
Department shall then prepare a summary of the
credentials of the qualified candidates.
II. SEARCH COMMITTEE
A. A Search Committee for the vacant position shall be
established by the Mayor pursuant to Section 2.27 of
the City Charter. The Mayor shall then notify the
Personnel Department of the composition of the Search
If the Search Committee determines that the Applicant
Pool Profile reflects an adequate recruitment effort,
the Committee shall select approximately six to eight
candidates for interviews.
D. Prior to conducting the interviews, the Search
Committee shall, in consultation with the Mayor,
determine the qualities being sought for the position
and establish the criteria which shall be used to
evaluate the candidates. Once these criteria have been
determined, the Search Committee shall develop
questions designed to elicit responses which can be
used to evaluate candidates against the criteria.
III. INTERVIEW PROCESS
A. The Personnel Department shall schedule interviews with
the candidates selected by the Search Committee.
Approximately one (1) hour shall be reserved for each
interview.
B. Prior to the interviews, the Personnel Department shall
prepare an informational packet for each Search
Committee member. Said packets shall contain copies of
the applications, copies of the interview questions,
candidate evaluation sheets, the position job
description, relevant salary and benefit information,
and relevant information pertaining to the department
involved, its organization, its staffing and its
responsibilities. The Personnel Department shall also
include an informational sheet regarding questions
which are prohibited under the New York State Human
Rights Law.
Committee.
B. Following the closing date for the submission of
vy
applications, the Personnel Department shall organize
the initial Search Committee meeting. The Personnel
�.
Department shall supply each Search Committee member
with the summary of candidate credentials, copies of
all approved applications, and a copy of the Applicant
Pool Profile prior to the initial meeting. The Search
Committee members shall independently review the above
information prior to meeting, and shall bring their
comments and recommendations on the candidate pool to
the initial meeting.
C. At its initial meeting, the Search Committee shall
review the Applicant Pool Profile and determine whether
it is necessary to re- advertise the position. If a
decision to re- advertise is made, it shall be made in
consultation with the Mayor.
If the Search Committee determines that the Applicant
Pool Profile reflects an adequate recruitment effort,
the Committee shall select approximately six to eight
candidates for interviews.
D. Prior to conducting the interviews, the Search
Committee shall, in consultation with the Mayor,
determine the qualities being sought for the position
and establish the criteria which shall be used to
evaluate the candidates. Once these criteria have been
determined, the Search Committee shall develop
questions designed to elicit responses which can be
used to evaluate candidates against the criteria.
III. INTERVIEW PROCESS
A. The Personnel Department shall schedule interviews with
the candidates selected by the Search Committee.
Approximately one (1) hour shall be reserved for each
interview.
B. Prior to the interviews, the Personnel Department shall
prepare an informational packet for each Search
Committee member. Said packets shall contain copies of
the applications, copies of the interview questions,
candidate evaluation sheets, the position job
description, relevant salary and benefit information,
and relevant information pertaining to the department
involved, its organization, its staffing and its
responsibilities. The Personnel Department shall also
include an informational sheet regarding questions
which are prohibited under the New York State Human
Rights Law.
IV.
V.
VI.
20
July 5, 1989
An information packet shall also be prepared for the
Mayor, and the Personnel Department shall invited the
Mayor to attend the Search Committee interviews.
C. During the interviews, the Search Committee will
attempt to ask similar questions of all candidates, so
that all candidates are judged by the same standards.
It is understood, however, that different follow -up
questions will probably be necessitated by the various
candidate responses.
D. Reasonable travel and interview expenses shall be paid
to candidates upon the submission of a City voucher.
All efforts shall be made for candidates to use the
least expensive mode of transportation to Ithaca, and
to avoid the need for lodging expenses unless
candidates reside more than four (4) hours from Ithaca.
E. Throughout the Search Process, the Personnel Department
shall keep candidates apprised of the status of the
search.
COMMITTEE RECOMMENDATIONS
A. Following the candidate interviews, the Search
Committee shall discuss and evaluate the candidates.
The Search Committee may request that the Personnel
Department solicit candidate references prior to making
recommendations to the Mayor. After discussion and
evaluations, the Committee shall choose the top three
candidates and forward their names to the Mayor for
consideration, with comments in support of each
recommendation.
B. It shall be the decision of the Search Committee as to
whether the names recommended to the Mayor are or are
not ranked.
C. At the request of the Search Committee, the Personnel
Department shall prepare the Committee's
recommendations and forward them to the Mayor.
MAYOR'S SELECTION
A. The Mayor shall conduct interviews with one or more of
the candidates recommended by the Search Committee, at
his /her discretion.
B. Following the selection of a candidate, the Mayor shall
notify the Common Council and the Search Committee of
his /her selection and shall forward his /her salary
recommendations to the Budget and Administration
Committee for their review.
C. It shall be the decision of the Mayor as to whether a
public announcement of the selection shall be made
prior to or following the official appointment of the
candidate.
D. Once the Mayor has offered the position to a candidate
and the candidate has accepted the position, but prior
to the public announcement of the selection, the Mayor
shall direct the Personnel Department to notify all
remaining candidates that a selection has been made.
AFFIRMATIVE ACTION
A. The City's Affirmative Action Policies will apply
in all stages throughout this process.
1 f)
21 July 5, 1989
Discussion followed on the floor on the wording of IIC under the
Search Committee heading.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That under IIC, in the second paragraph, it reads as
follows: "If the Search Committee determines that the Applicant
Pool Profile reflects an adequate recruitment effort, the
Committee shall select an appropriate number of candidates for
interviews.
Ayes (6) - Johnson, Nichols, Peterson, Hoffman, Booth,
Romanowski
Nays (3) - Schlather, Cummings, Killeen
Carried (6 -3)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried (9 -0)
`) *16.14 Planning Department - Planner II Salary Adjustment
i.� By Alderperson Schlather: Seconded by Alderperson Cummings
`Y RESOLVED, That the salary of Helen Jones be increased to
$26,388, which is Step 7 on the Planner II line of the
Administrative Unit Compensation Plan, effective July 10, 1989.
Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson,
Hoffman, Peterson, Romanowski
Nay (1) - Schlather
Carried (8 -1)
* 16.15 Planning Department - Planner II Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the salary of Leslie Chatterton be increased to
$25,373, which is Step 6 on the Planner II line of the
Administrative Unit Compensation Plan, effective July 10,1989.
Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson,
Hoffman, Peterson, Romanowski
Nay (1) - Schlather
Carried (8 -1)
* 16.16 Planning Department - Consulting Services/Nolan_ Contract
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That a proposal from Nolan Associates, Inc. be
accepted for the provision of consulting services in connection
with an Environmental Impact Mitigation program, inclusive of an
allowance for reimbursable expense, in an amount not to exceed
$13,500, and be it further
RESOLVED, That $13,500 be transferred from account A1990,
Restricted Contingency, to account A8020 -435, Planning Department
Contractual Services.
Discussion followed on the floor regarding a schedule and time -
frame in regards to Mr. Nolan's contract.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 16.17 Planning Department_ - Hydro RFP Consulting Services
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That an amount not to exceed $2,600 be appropriated
for consulting services relative to the review of VanNatta Dam
request for proposals expected to be received on or before July
14, 1989, and be it further
50
22 July 5, 1989
RESOLVED, That $2,600 be transferred from A1990, Unrestricted
Contingency, to account A8020 -435, Planning Department
Contractual Services for such purpose.
Carried (9 -0)
* 16.18 Bond Resolution - New Fire Stations
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That a resolution authorizing the issuance of
$2,185,000 Serial Bonds of the City of Ithaca, Tompkins County,
New York, to pay part of the cost of the construction of new City
Fire Stations be hereby approved.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,185,000 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO
PAY PART OF THE COST OF THE CONSTRUCTION OF NEW CITY FIRE
STATIONS.
WHEREAS, the capital project hereinafter described has been
determined to be an "Unlisted Action" for purposes of the State
Environmental Quality Review Act which will not result in any
significant environmental effects, and
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
part of the cost of the construction of new City fire stations,
one station to be constructed on a parcel of land to be leased
from the Town of Ithaca and located on Trumansburg Road on the
former Odd Fellows Farm, such fire station to be known as the
West Hill Fire Station, and the other fire station to be
constructed on a parcel of land to be leased from the Town of
Ithaca and located on the southwestern end of the Ithaca College
campus on Danby Road, such fire station to be known as South Hill
Fire Station, there are hereby authorized to be issued $2,185,000
serial bonds of the City of Ithaca, Tompkins County, New York,
pursuant to the provisions of the Local Finance Law. Further
details concerning said bonds will be prescribed in a further
resolution or resolutions of this Common Council.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$2,300,000 and that the plan for the financing thereof is as
follows:
a. by the issuance of the $2,185,000 serial bonds of said
City authorized to be issued pursuant to the provisions
of this resolution; and
b. by the expenditure of $115,000 monies of said City,
which monies are hereby appropriated therefor and which
monies shall constitute the down payment required by
Section 107.00 of the Local Finance Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is thirty years, pursuant to subdivision 11 (a)(1) of paragraph a
of Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
WE
I rn
51
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
�S 1
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
�S. 2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
23 July 5, 1989
Aye
the serial bonds herein authorized, including renewals of such
Aye
notes, is hereby delegated to the City Controller, the chief
Aye
fiscal officer. Such notes shall be of such terms, form and
Aye
contents, and shall be sold in such manner, as may be prescribed
Aye
by said City Controller, consistent with the provisions of the
Aye
Local Finance Law.
ka"',
Section 5. The faith and credit of said City of Ithaca,
Aye
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
Ayes (9)
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
�S 1
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
�S. 2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Romanowski
Aye
- Schlather
Aye
- Nichols
Aye
- Johnson
Aye
- Cummings
Aye
- Peterson
Aye
- Killeen
Aye
- Hoffman
Aye
- Booth
Ayes (9)
Carried
* 16.19 Bond Resolution - Fire Station Renovations
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That a resolution authorizing the issuance of $950,000
in Serial Bonds of the City of Ithaca, Tompkins County, New York,
to pay part of the cost of reconstruction of City Fire Stations
be hereby approved.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $950,000 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO
PAY PART OF THE COST OF THE RECONSTRUCTION OF CITY FIRE
STATIONS.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
5")
24
July 5, 1989
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the class of objects or purposes of paying
part of the cost of the reconstruction of fire stations of the
City of Ithaca, Tompkins County, New York, there are hereby
authorized to be issued $950,000 serial bonds of the City of
Ithaca, Tompkins County, New York, pursuant to the provisions of
the Local Finance Law. Further details concerning said bonds
will be prescribed in a further resolution or resolutions of this
Common Council.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$1,000,000 and that the plan for the financing thereof is as
follows:
a. by the issuance of the $950,000 serial bonds of said
City authorized to be issued pursuant to the provisions
of this resolution; and
b. by the expenditure of $50,000 monies of said City,
which monies are hereby appropriated therefor and which
monies shall constitute the down payment required by
Section 107.00 of the Local Finance Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a
of Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
B
3
25 July 5, 1989
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Romanowski
Aye
- Schlather
Aye
- Nichols
Aye
- Hoffman
Aye
- Johnson
Aye
- Killeen
Aye
- Booth
Aye
- Peterson
Aye -
Cummings
Ayes (9)
Carried
* 16.20 Bond Resolution Reconstruction Stewart Avenue Bridge
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That a resolution authorizing the issuance of $430,000
in Serial Bonds of the City of Ithaca, Tompkins County, New York,
to pay part of the cost of reconstruction of the Stewart Avenue
Bridge be hereby approved.
A RESOLUTION AUTHORIZING THE
BONDS OF THE CITY OF ITHACA,
PAY PART OF THE COST OF THE
AVENUE BRIDGE IN AND FOR SAID
ISSUANCE OF $430,000 SERIAL
TOMPKINS COUNTY, NEW YORK, TO
RECONSTRUCTION OF THE STEWART
CITY.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
part of the cost of the reconstruction of the Stewart Avenue
Bridge in and for the City of Ithaca, Tompkins County, New York,
there are hereby authorized to be issued $430,000 serial bonds
of the City of Ithaca, Tompkins County, New York, pursuant to the
provisions of the Local Finance Law. Further details concerning
said bonds will be prescribed in a further resolution or
resolutions of this Common Council.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$530,000 and that the plan for the financing thereof is as
follows:
a. by the issuance of the $430,000 serial bonds of said
City authorized to be issued pursuant to the provisions
of this resolution; and
b. by the expenditure of $100,000 monies received by said
City from the State Department of Transportation as aid
for such project, which monies are hereby appropriated
therefor and which monies shall constitute the down
payment required by Section 107.00 of the Local Finance
Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is twenty years, pursuant to subdivision 10 of paragraph a of
Section 11.00 of the Local Finance Law.
5:1
511
26 July 5, 1989
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Schlather
Aye
- Cummings
Aye
- Peterson
Aye
- Nichols
Aye
- Killeen
Ayes (9)
* 16.21 Finance Departme
By Alderperson Schlather:
RESOLVED, That Connie J.
Acting Deputy City Clerk
24, 1989.
Aye -
Booth
Aye -
Romanowski
Aye -
Hoffman
Aye
- Johnson
Carried
nt Appointment Acting Deputy City Clerk
Seconded by Alderperson Romanowski
Holcomb be appointed to the position of
at a salary of $19,399, effective July
Carried (9 -0)
* 16.22 Finance Department - Amend Authorized Equipment List
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the authorized equipment list for the Finance
Department be amended to include one FAX machine at an estimated
cost of $1,900 and be it further
RESOLVED, That said acquisition be financed by transferring
$1,900 to account A1315 -225, Other Equipment, from the following
accounts:
0
14
i) 1
27
A1990 Unrestricted Contingency
Trust And Agency /Building & Fire
Code Enforcement Aid
F8311 -425
G8111 -425
J8150 -425
Total
July 5, 1989
$700
300
300
300
300
$1,900
Carried (9 -0)
* 16.23 Audit
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That bills presented, as listed on Audit Abstract
#12/1989, in the total amount of $13,325.58, be approved for
payment.
Carried (9 -0)
* 16.24 Renewal Contract with Blue Cross /Blue Shield
(\J By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Mayor be authorized to sign the renewal
contract with Blue Cross Blue Shield for provision of Health
Insurance Services and related stop -loss coverages, for the
period July 1, 1989 - December 31, 1990, and be it further
RESOLVED, That in lieu of purchase of a surety bond in connection
therewith, the City Controller be and is hereby authorized to
invest $322,000 of available fund balance in the Tompkins County
Trust Company at competitive interest rates as required by the
New York State Insurance Department.
Carried (9 -0)
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 An Ordinance Adding a New Chapter 67, Entitled
'Protection and Maintenance of Trees and Shrubs on City
Property', to the City of Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, the City of Ithaca enjoys a beautiful and healthy
environment in which many persons live and work, and
WHEREAS, the protection and maintenance of trees and shrubs on
City property are important in preserving the beauty of the City
and the integrity and vitality of our urban environment, and
WHEREAS, the City of Ithaca wishes to provide for the protection
and maintenance of trees and shrubs on City property; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does
hereby adopt Chapter 67, entitled 'Protection and Maintenance of
Trees and Shrubs on City Property' as follows:
CHAPTER 67
PROTECTION AND MAINTENANCE OF
TREES AND SHRUBS ON
CITY PROPERTY
1. BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, County of Tompkins, State of New York.
Section 67.1 Purpose
This ordinance regulates the planting, maintenance,
protection and removal of trees and shrubs on public streets,
parks and other city -owned property; provides for a Shade Tree
Advisory Committee;,and establishes the office of a City Forester
in the Department of Public Works. This ordinance also provides
for the issuing of permits for the planting, maintenance,
protection and removal of trees and shrubs in city -owned places.
RE
Section 67.2 Short Title
July 5, 1989
This ordinance shall be known and may be cited as the "City
Tree Ordinance ".
Section 67.3 Definitions
The following terms shall have meanings provided in this
section, unless their context requires otherwise:
1. "City agency means any department, board, commission,
committee, or other entity within the government of the
City of Ithaca.
2. "Person" means any corporation, firm, partnership,
association, trust, estate, one or more individuals,
and any unit of government or agency or subdivision
thereof except for a city agency.
3. "Trees and shrubs" means any woody plants which have
self- supporting, viable above ground parts which are
viable year round.
Section 67.4 Authority and Responsibilities
1. The office of the City Forester is hereby established
in the Department of Public Works.
2. The City Forester, in consultation with the Shade Tree
Advisory Committee (STAC) and the Board of Public
Works, shall have the authority to implement and
enforce the provisions of this ordinance.
3. In furtherance of the purpose of this ordinance, the
Board of Public Works, in consultation with the City
Forester and STAC, shall have the authority to adopt
rules and regulations regarding arboricultural
specifications and standards of practice and such
additional rules and regulations as the Board
determines are necessary. These regulations shall
govern the planting, maintenance, removal,
fertilization, pruning and protection of trees and
shrubs on public streets, parks or other city property.
4. In the absence of the City Forester, the duties of that
office shall be the responsibility of the Supervisor of
Parks and Forestry within the Department of Public
Works.
Section 67.5 Shade Tree Advisory Committee
There shall be a Shade Tree Advisory Committee consisting of
the following: at least six persons appointed by the Mayor with
the consent of Common Council, two - thirds of which must be city
residents. Members shall serve terms of three years, with two of
the original members serving three years terms beginning in 1989,
two of the original members serving two year terms beginning in
1989, and two of the original members serving one year terms
beginning in 1989. Members may be reappointed for additional
terms. The members of the committee shall pick a chairperson at
the first meeting of each year on or following January 1.
Section 67.6 Planting, Maintenance, Removal or Replacement
1. No person or city agency shall plant, spray, fertilize,
prune, remove, replace, or otherwise disturb any tree
or shrub on any public street, park or other city -owned
property without first submitting a written request
therefor and obtaining written permission from the City
Forester. Requests for written permission shall be
Jd
29 July 5, 1989
acted on within 5 business days of filing the written
request with the City Forester. All work for which
such permission is given shall be done in accordance
with the Department of Public Works' rules and
regulations adopted pursuant to section 67.4 of this
ordinance.
(4mo", 2. Persons or city agencies conducting regular maintenance
work on trees or shrubs may be granted general permits
to cover their work on a yearly basis.
(6w, 5. Wherever it is necessary to remove a tree or shrub from
a public right -of -way in connection with the paving of
a sidewalk, or the paving or widening of a street, the
city or responsible agency or person shall replant
such tree or shrub or replace it. If conditions
prevent re- planting in the right -of -way, this
requirement may be satisfied by planting on the
adjoining property if the property owner agrees.
6. Requests from private citizens that new street trees be
planted near their property shall be accommodated in
accordance with planting priorities set by the City
Forester in consultation with STAC and the Board of
Public Works.
Section 67.7 Abuse or Mutilation of Public Trees and Shrubs
Unless specifically authorized in writing by the City
Forester, no person or city agency shall intentionally damage,
cut, carve, transplant, or remove any tree or shrub on city owned
property; attach any rope, wire, nails, advertising posters, or
other contrivance to any such tree or shrub; allow any gas,
liquid, or solid substance which is harmful to any such tree or
shrub to come in contact with it; or set fire or permit any fire
to burn when such fire or heat thereof will injure any portion of
any tree or shrub on city property. Written authorizations for
any action governed by this section may be obtained in the same
manner as provided in section 67.6 of this ordinance.
Section 67.8 Protection of Public Trees and Shrubs
1. Without written permission from the City Forester, no
person or city agency shall a) undertake any
construction or development activity, (including but
not limited to the excavation of any ditches, tunnels,
or trenches, or the laying of pavement), within the
3. Whenever a
person or city agency obtains written
permission pursuant to subdivision one of this section
to remove a
tree or shrub from any city -owned land for
the purpose
of construction, or for any other reason,
such person
or agency shall subsequently replace the
tree or shrub within one year of the issuance of the
tree removal
permit. Such replacement shall meet the
�j
standards of size, species, and placement as provided
for in the
tree removal permit issued by the City
Forester.
The permit holder shall bear the cost of
-
removal and
replacement of all trees or shrubs removed
F =� j
f•..
pursuant to
the permit.
4. It is the
responsibility of the City Forester to
determine if
trees or shrubs on city -owned property are
hazardous and to remove dead or hazardous trees or
shrubs from
city -owned property. If replacement is
recommended
by the City Forester, the city shall
replace the
tree or shrub within one year of removal.
(6w, 5. Wherever it is necessary to remove a tree or shrub from
a public right -of -way in connection with the paving of
a sidewalk, or the paving or widening of a street, the
city or responsible agency or person shall replant
such tree or shrub or replace it. If conditions
prevent re- planting in the right -of -way, this
requirement may be satisfied by planting on the
adjoining property if the property owner agrees.
6. Requests from private citizens that new street trees be
planted near their property shall be accommodated in
accordance with planting priorities set by the City
Forester in consultation with STAC and the Board of
Public Works.
Section 67.7 Abuse or Mutilation of Public Trees and Shrubs
Unless specifically authorized in writing by the City
Forester, no person or city agency shall intentionally damage,
cut, carve, transplant, or remove any tree or shrub on city owned
property; attach any rope, wire, nails, advertising posters, or
other contrivance to any such tree or shrub; allow any gas,
liquid, or solid substance which is harmful to any such tree or
shrub to come in contact with it; or set fire or permit any fire
to burn when such fire or heat thereof will injure any portion of
any tree or shrub on city property. Written authorizations for
any action governed by this section may be obtained in the same
manner as provided in section 67.6 of this ordinance.
Section 67.8 Protection of Public Trees and Shrubs
1. Without written permission from the City Forester, no
person or city agency shall a) undertake any
construction or development activity, (including but
not limited to the excavation of any ditches, tunnels,
or trenches, or the laying of pavement), within the
58
30 July 5, 1989
dripline of any city tree or shrub, or b) move or park
vehicles associated with any construction or
development activity which may affect any tree or shrub
on city property.
2. All trees or shrubs on any public street or other city
owned property directly impinging on any excavation or
construction of any building, structure, or street
work, shall be guarded as follows: a) for trees or
shrubs with a crown spread of eight feet or less, a
substantial fence, frame or box not less than four feet
high and eight feet square shall surround the tree or
shrub; b) for a tree or shrub with a crown spread over
eight feet, a fence not less than 4 feet high shall be
placed at least at the tree or shrub's dripline, or at
a distance prescribed by the City Forester. All
building material, soil, or debris shall be kept
outside these barriers.
3. No person or city agency shall deposit, place, store,
or maintain upon any public place of the city any
stone, brick, sand, concrete, or other materials which
may impede the free passage of water, air, and
fertilizer to the roots on any tree or shrub growing
thereon, except by written permit of the City Forester.
4. Any written permission required by this section may be
obtained in the same manner as provided for in section
67.6.
Section 67.9 Obstructions Caused by Trees or Shrubs on
Property Adjoining Public Streets
1. It shall be the duty of any person owning real property
bordering on a public street to ensure that trees and
shrubs on that property are pruned in a manner that
will not obstruct or shade street lights, obstruct the
passage of pedestrians on sidewalks, obstruct vision of
traffic signs, or obstruct the view of any street or
alley intersection. If trees are interfering with
utility wires, it is the obligation of the appropriate
utility company to correct the situation.
2. Should any person owning real property bordering on any
public street fail to comply as herein above provided,
the City Forester shall order the owner to take
corrective action within 15 days after receipt of
written notice.
3. The order required herein shall be served by mailing a
copy of it to the last known address of the property
owner.
4. When a person to whom an order is directed shall fail
to comply within the specified time, it shall be lawful
for the city to prune such trees or shrubs, or to pay
for such pruning, and the cost thereof shall be
assessed to the owner.
Section 67.10 Emergency Work
1. This ordinance shall not govern any emergency activity
immediately necessary to protect life, safety or
property, or to maintain access to any property. Any
such activity shall incorporate reasonable efforts to
protect trees and shrubs on city property from
unnecessary damage.
11�
31
July 5, 1989
2. Any person or city agency engaged in any action covered
by subdivision 1 shall make a reasonable effort to
notify the City Forester prior to commencing that
action and shall in any event, provide written notice
of the emergency and the work done by the City Forester
within three calendar days of commencing that work.
Section 67.11 Violation and Penalty
Any person who violates or fails to comply with any of the
provisions of this ordinance shall be guilty of a violation, and
upon conviction thereof shall be fined a sum not more than $250
plus the cost of rectifying damage to any tree or shrub on city -
owned property.
Discussion followed on the floor regarding the City Forester
position. Mayor Gutenberger expressed concern that Section
67.6, states that 'action will be taken by the City Forester
within 5 business days.' He asked what would happen if the City
Forester does not act within that time frame.
Alderperson Booth responded that as he understands New York State
law a time period is only directory unless it specifically says
it is mandatory. He asked that the record reflect that if the
City Forester is absent or if there is no City Forester at the
time, the matter would be handled by another City official.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 17.2 An Ordinance Amending Section 60.59 of Chapter 60
Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal
Code (Parking Meter Violations)
By Alderperson Booth: Seconded by Alderperson Schlather
AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60
ENTITLED 'TRAFFIC AND VEHICLES' OF THE
ITHACA CITY MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
(400" of Ithaca, New York as follows:
Section 1. That Section 60.59 of Chapter 60 entitled
'Traffic and Vehicles' of the Ithaca City Municipal Code be and
it is hereby amended to read as follows:
Notwithstanding the provisions of Section 60.100 and
in full acquittance of any violation for parking for a longer
period of time than is permitted, a civil penalty in the sum of
[Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such
sum is paid within twenty -four (24) hours of such violation.
Section 67.12 Separability
Should any section, clause, or
provision of
this ordinance
be declared by a court of competent
jurisdiction
to be invalid,
the same shall not affect the validity of the
ordinance as a
whole, or parts thereof, other than
the part so
declared to be
invalid.
2. This ordinance shall take effect
on August 1,
1989 following
publication of a notice as provided
in Section
3.11(B) of the
Ithaca City Charter.
Discussion followed on the floor regarding the City Forester
position. Mayor Gutenberger expressed concern that Section
67.6, states that 'action will be taken by the City Forester
within 5 business days.' He asked what would happen if the City
Forester does not act within that time frame.
Alderperson Booth responded that as he understands New York State
law a time period is only directory unless it specifically says
it is mandatory. He asked that the record reflect that if the
City Forester is absent or if there is no City Forester at the
time, the matter would be handled by another City official.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 17.2 An Ordinance Amending Section 60.59 of Chapter 60
Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal
Code (Parking Meter Violations)
By Alderperson Booth: Seconded by Alderperson Schlather
AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60
ENTITLED 'TRAFFIC AND VEHICLES' OF THE
ITHACA CITY MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
(400" of Ithaca, New York as follows:
Section 1. That Section 60.59 of Chapter 60 entitled
'Traffic and Vehicles' of the Ithaca City Municipal Code be and
it is hereby amended to read as follows:
Notwithstanding the provisions of Section 60.100 and
in full acquittance of any violation for parking for a longer
period of time than is permitted, a civil penalty in the sum of
[Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such
sum is paid within twenty -four (24) hours of such violation.
GO
32 July 5, 1989
Section 2. Effective Date.
This ordinance shall take effect on August 1, 1989 upon
publication of a notice as provided in Section 3.11(B) of the
Ithaca City Charter.
Alderperson Booth gave background information on the resolution
and discussion followed on the floor regarding the raising of
parking fines. It was pointed out by Alderperson Schlather that
the last time the fine was raised was in 1984.
A vote on the resolution resulted as follows:
Carried (9 -0)
An Ordinance Amending Chapter 31, Entitled 'Subdivision
Regulations' of the city of Ithaca Municipal Code (Pertaining to
City Exactions of Money for Park Purposes) - Report
Alderperson Booth reported that discussions are still ongoing on
this subject in the Planning and Development Committee and the
Planning and Development Board. When the Charter and ordinance
Committee receives a report back, they will bring it back to
Council.
Amending the City's Environmental Review Ordinance - Report
Alderperson Booth reported that the revision on this ordinance is
in the Clerk's Office to be re- typed. He will be distributing
copies to Council and Department Heads when it is completed.
Amending the Noise Ordinance -.Report
Alderperson Booth reported that the Noise Ordinance has been
revised and is also in the Clerk's Office to be re- typed. He
will be distributing copies to Council and Department Heads when
it is completed.
NEW BUSINESS•
Privatization for Public Utilities
By Alderperson Nichols: Seconded by Alderperson Johnson
WHEREAS, the Board of Public Works has on its Committee of the
Whole agenda the subject of "privatization" of the City's water
and wastewater treatment plants, and
WHEREAS, the provision of services that affect the lives and
well -being of our citizens are too important to take any chances
with their operation by private parties, and
WHEREAS, the device of "privatization" should not be used to
bypass the protections provided to our employees by Civil Service
Law, and
WHEREAS, whatever problems may exist in the present or future
operations of the water and wastewater treatment plants should be
dealt with directly, within the framework of the City's continued
direct control and operation, and
WHEREAS, prompt action by Council on the City's policy in regard
to privatization could save much time and controversy regarding
that possibility, which time would be better spent in planning
whatever changes are necessary in the City's operation of the
water and wastewater treatment plants; now, therefore, be it
RESOLVED, That it is the policy of the City of Ithaca that its
public utilities will not be turned over to private operation.
Alderperson Nichols stated that it is his firm belief that as a
matter of principle, such public functions that are so
environmentally significant to the public at large, such as a
water plant or a waste water treatment plant, should be carried
out as a public function, as a city function. He further
believes that the Board of Public Works should be spending more
time on issues of re- organization of the Department facilites,
61
33 July 5, 1989
parking, traffic, etc. He believes that if a great deal of time
is spent on this question of privatization, valuable time will be
lost in studying and working on other very important issues. If
it is true, that in the end, members of Council believe in this
principle of government operation then the whole discussion will
turn out to be fruitless.
He believes that Council should set the policy on this question
and set it reasonably quickly. However, Alderperson Nichols
stated, he understands Council reluctance in taking an action on
a motion of this kind without some committee discussion and he
would not object to a referral to committee. He did ask that
Council move on this and set a policy as quickly as possible.
Alderperson Schlather remarked the Alderperson's points are well
taken but he did not wish to foreclose discussion on the issue.
He therefore recommended it be referred to the Budget and
E_E Administration Committee.
pi)
Motion to Refer to Committee
-3 By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the matter of privatization be referred to the
�..!� Budget and Administration Committee for review.
Discussion followed on the floor on whether or not this issue
should be referred to the Committee of the Whole.
Amending Motion to Refer to Committee
By Alderperson Nichols: Seconded by Alderperson Booth
RESOLVED, That the motion to refer to committee be amended to
read "RESOLVED, That the matter of privatization be referred to
the Budget and Administration Committee for review, and be it
further RESOLVED, That all members of Council who attend the
meeting to discuss this issue shall be entitled to vote at the
committee level on that issue."
Ayes (5) - Nichols, Johnson, Booth, Hoffman, Peterson
Nays (4) - Schlather, Romanowski, Killeen, Cummings
Carried (5 -4)
Discussion continued regarding referral motion.
Main Motion as Amended
A Vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Schlather, Nichols, Killeen, Booth, Johnson,
Peterson, Hoffman
Nays (2) - Cummings, Romanowski
Carried (7 -2)
Extension of Meeting Time
By Alderperson Romanowski: Seconded by Alderperson Cummings
RESOLVED, That this meeting of Common Council shall be extended
to 12:00 midnight.
Carried (9 -0)
* 21.2 Request for Human Services Committee to Study State
Assembly Bill 6731
By Alderperson Nichols: Seconded by Alderperson Schlather
WHEREAS, a bill (6731) has been introduced in the State Assembly
which would amend the labor law in relation to establishing a job
stabilization act; now, therefore, be it
RESOLVED, That the Human Services Committee study the proposed
bill with a view toward the possible endorsement of such
legislation by Common Council, and be it further
RESOLVED, That the Human Services Committee study include a
review of job stability of the downtown Ithaca Post Office.
Carried (9 -0)
),1
34
July 5, 1989
* 21 .3 Tompkins Community Hospital In- patient Psychiatric
Service
By Alderperson Johnson: Seconded by Alderperson Killeen
WHEREAS, the In- patient Psychiatric Unit at Tompkins Community
Hospital has been a vital resource to those city and county
residents needing comprehensive treatment in a protective
hospital setting, and
WHEREAS, the proposed closing of the In- patient Psychiatric Unit
will leave a serious gap in the services provided to those
residents who require periodic hospitalization, and
WHEREAS, hospitalization in New York State, and /or private
facilities places undue hardships of travel and isolation on
patients and their families, and
WHEREAS, placement in these out of county facilities makes it
extremely difficult, if not impossible, for re- integration of
residents into our community; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
urges the Board of Directors of Tompkins Community Hospital and
the hospital managers to do all that is necessary so that we can
continue to have this vital service provided in our local
community hospital.
Carried (9 -0)
Executive Session
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That this Council adjourns into Executive Session to
discuss proposed land purchase and a possible personnel item.
Carried (9 -0)
ADJOURNMENT:
On a motion the meeting adjourned into Executive Session at 11:30
P.M. Council CamC out of I,RCC(]tiX_C SCSsion and the mCCtiiAacljou1,1100 at 12:00 p.m.
C-e/�v
Callista F. Paola 'eli ohn C. Gutenberger
City Clerk Mayor
rya
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
MAYOR'S APPOINTMENTS:
Conservation Advisory Council
Mayor Gutenberger requested Council's approval for the
appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the
Conservation Advisory Council with a term to expire December 31,
1989.
Resolution
By Alderperson Peterson: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the appointment of J. Keith
Waldron to the Conservation Advisory Council with a term to
expire December 31, 1989.
Carried (9 -0)
Planning and Development Board
Mayor Gutenberger requested Council's approval for the
appointment of David Gooding, 105 Eddy Street, to the Planning
and Development Board with a term to expire December 31, 1989, to
replace Martin Sampson who has resigned.
Regular Meeting 7:00 P.M. July 5, 1989
PRESENT:
Mayor Gutenberger
Alderpersons (9) - Booth, Cummings, Johnson, Nichols, Hoffman,
Killeen, Peterson, Schlather, Romanowski
ABSENT:
Alderperson Lytel
OTHERS PRESENT:
City Attorney - Nash
City Clerk - Paolangeli
City Controller - Cafferillo
Director, Planning and Development - Van Cort
Deputy Director, Planning and Development - Mazzarella
t"
Police Chief - McEwen
Personnel Administrator - Walker
Building Commissioner - Datz
Fire Chief - Olmstead
Assistant Superintendent of Public Works - Fabbroni
Director, Youth Bureau - Cohen
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Gutenberger led all present in the Pledge of Allegiance to
the American flag.
MINUTES:
Addition to Minutes of June 7, 1989 Common Council Meeting
Alderperson Peterson (for Alderperson Lytel) requested that on
page 17, under 17.1, Shelter for Homeless, the following be
added to the end of the paragraph that begins 'Alderperson Lytel
argued': "Work that Kathy Evans is doing is investigatory work
leading to a possible application to the State for money for a
new shelter. The $3,000 does not buy the City a completed
application."
of Minutes of June 7, 1989 Common Council Meeting
_Approval
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the June 7, 1989 Common Council
meeting be approved with the above addition.
Carried (9 -0)
MAYOR'S APPOINTMENTS:
Conservation Advisory Council
Mayor Gutenberger requested Council's approval for the
appointment of J. Keith Waldron, 896 Cayuga Heights Road, to the
Conservation Advisory Council with a term to expire December 31,
1989.
Resolution
By Alderperson Peterson: Seconded by Alderperson Killeen
RESOLVED, That this Council approves the appointment of J. Keith
Waldron to the Conservation Advisory Council with a term to
expire December 31, 1989.
Carried (9 -0)
Planning and Development Board
Mayor Gutenberger requested Council's approval for the
appointment of David Gooding, 105 Eddy Street, to the Planning
and Development Board with a term to expire December 31, 1989, to
replace Martin Sampson who has resigned.
30
2 July 5, 1989
Resolution
By Alderperson Killeen: Seconded by Alderperson Booth
RESOLVED, That this Council approves the appointment of David
Gooding to the Planning and Development Board with a term to
expire December 31, 1989.
Carried (9 -0)
Mr. Gooding took the oath of office and was sworn in by City
Clerk Paolangeli.
ADDITIONS TO THE AGENDA:
New Business
Alderperson Johnson requested that Item 21.3, a resolution
regarding the closing of the psychiatric unit at Tompkins
Community Hospital, be added to the agenda.
No Council member objected.
Budget and Administration Committee
Alderperson Schlather noted that there is an amendment to Item
16.24, Renewal Contract with Blue Cross /Blue Shield.
No Council member objected.
Charter and Ordinance Committee
Alderperson Booth requested the addition of Items 17.4, Report on
City's Environmental Review Ordinance and 17.5, Report on City's
Noise Ordinance.
No Council member objected.
DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Schlather requested the deletion of Item 16.8,
Resolution requesting appointment of Engineering Technician.
No Council member objected.
PETITIONS AND HEARINGS OF PERSONS BEFORE COMMON COUNCIL:
GIAC Renovations
Diann Sams, 412 Hector Street, addressed the Council and stated
that she wanted to clarify the GIAC Board of Directors position
on renovations to GIAC. She read the following statement:
"We as a Board, as a whole, would like to state that we are all
in support of Day Care and recognize the need. We also recognize
the need for after - school care programming for children 4 to 12
and 13 to 18. We are saying that if day care expands in the
building, as planned, we cannot service these groups in the
capacity that we have been. We would have to cut back on program
services and the number of children served. Our adult program
would be seriously affected also. Our stance is that we
recognize the loss that we would have. We had to evaluate the
kinds of services we could offer and to whom. Considering this
day and age of child abuse, drugs, crime, teen pregnancies, and
suicide with confused youngsters we felt we could not afford to
offer any less to these children, but really need to offer more.
Our question is, if we cannot continue to offer a place for these
youngsters to go, where will they go? Does the library, once
again, want to assume a place for them? Do our store owners want
to see them wandering in and out of their stores? Do our
neighbors want to see them walking the streets or become what is
now known as 'latch -key children"? We certainly have as much a
commitment to children as any. After a child enters a day care
center at six months in less than 4 years we see them at GIAC.
3�
3
July 5, 1989
Only if we have space, and we must be allowed to continue to have
space, can we continue to accommodate these children. We at
GIAC recognize day care but also recognize the needs of all
children we serve.
I urge you to please re -read your copy of the Memorandum of
Understanding between the Drop -in Child Care Center and the GIAC,
in regard to the spacing agreement. Also I encourage you to re-
read Linda Sterk's extensive report on spacing at GIAC."
[•.s. Sams also said that the School District needs to have some
kind of information as to whether the City plans on investigating
the possibility of using Markles Flats for day care and if so
they need to know because they do have tenants in that building.
Paul Sayvetz, 201 Elm Street, spoke regarding the Strand
Theatre. He said that he thinks there is a strong grass -roots
desire for that building to get saved even if it has to be moth-
balled for a number of years until we become more enlightened as
a community and see the value of the building. He said that he
was at both of the inspection tours of the building and he thinks
that it is in much better condition than what has been reported.
Southwest Park
Mr. Sayvetz also spoke of the new 'No Trespassing' signs at
Southwest Park. He referred to the Land and Water Conservation
Fund Grants Manual and cited that "the facility shall be kept
open for public use at reasonable hours and times of the year,
according to the type of area or facility ". He said that he
thinks the padlock on Southwest Park should be removed and that
the signs should be taken down.
Housing Issues in the City
The following persons spoke to Council regarding housing issues
in the City of Ithaca:
Valerie MacDougall - 315 South Albany Street
John Schroeder - 618 Stewart Avenue
Fay Gougakis - 412 Tompkins Street
Jeanne Fudala - 615 North Aurora Street
RESPONSE TO THE PUBLIC:
Shade Tree Committee
Alderperson Cummings requested Council to work on the landscape
guidelines and the issue of trees on private property.
Tree Ordinance
Nina Bassuk, 1345
Mecklenburg Road, Chair of the Shade Tree
-�
Advisory Committee,
spoke in support of the Shade Tree Ordinance
lD
and urged the Council to pass the ordinance.
Mayor Gutenberger
thanked Nina Bassuk and the Committee for all
the work that went
into the report and the Ordinance.
<
Housing Crisis in City
John Efroymson,
420 North Cayuga Street, representing an
organization called 'The Affordable Housing Agenda', addressed
Council. He stated that they have collected over the last couple
of months over 200
signatures on a petition which he presented to
Mayor Gutenberger.
The petition is asking the City to take some
real serious steps
now. He referred to several points that need
to be addressed by
the City, such as Building Codes, Certificates
of Occupancy,etc.
Mr. Efroymson also spoke on rent control and
tenants rights.
Strand Theatre
Joseph Moore, 706
South Plain Street, spoke to Council and urged
the preservation
of the Strand Theatre as a Performing Arts
Center.
Paul Sayvetz, 201 Elm Street, spoke regarding the Strand
Theatre. He said that he thinks there is a strong grass -roots
desire for that building to get saved even if it has to be moth-
balled for a number of years until we become more enlightened as
a community and see the value of the building. He said that he
was at both of the inspection tours of the building and he thinks
that it is in much better condition than what has been reported.
Southwest Park
Mr. Sayvetz also spoke of the new 'No Trespassing' signs at
Southwest Park. He referred to the Land and Water Conservation
Fund Grants Manual and cited that "the facility shall be kept
open for public use at reasonable hours and times of the year,
according to the type of area or facility ". He said that he
thinks the padlock on Southwest Park should be removed and that
the signs should be taken down.
Housing Issues in the City
The following persons spoke to Council regarding housing issues
in the City of Ithaca:
Valerie MacDougall - 315 South Albany Street
John Schroeder - 618 Stewart Avenue
Fay Gougakis - 412 Tompkins Street
Jeanne Fudala - 615 North Aurora Street
RESPONSE TO THE PUBLIC:
Shade Tree Committee
Alderperson Cummings requested Council to work on the landscape
guidelines and the issue of trees on private property.
c
4 July 5, 1989
Alderperson Nichols thanked the Shade Tree Committee and noted
that the ordinance comes with the support of the Board of Public
Works. On the question of Southwest Park, he thinks the Council
needs an answer to Mr. Sayvetz's question. He asked for a report
on that issue as soon as possible.
Affordable Housing
Alderperson Romanowski spoke on the affordable housing issue and
asked for clarification as to what the public means when they
talk about affordable housing.
Maplewood Apartments /Cornell University
Mayor Gutenberger stated that he has met with Cornell University
regarding the Maplewood Apartments going up at the old Cornell
Quarters. He has insisted that Cornell University fulfill its
commitment to this community to put graduate student housing in
the Maplewood Apartments.
REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS:
Rental Housing Task Force
Steve Jackson, 142 Giles Street, Chair of the Rental Housing Task
Force, presented the final report to the Council from the Rental
Housing Task Force. He commented on components of the report.
Mayor Gutenberger thanked Mr. Jackson, Alderperson Killeen and
members of the committee for all the work that went into this
study.
Mr. Jackson answered questions from Alderpersons regarding this
study.
Board of Public Works
Commissioner Reeves reported on the following for the Board of
Public Works:
"No Trespassing" Signs at Southwest Park - Comm. Reeves stated
that the reason for the "No Trespassing" signs and the locked
gate at Southwest Park was that there was quite a bit of
unauthorized dumping of trash in the park by unknown persons.
Recycling - Comm. Reeves stated that the City pick up of
recyclable materials will be expanded this Fall to include
plastics. Lynn Leopold, Recycling Coordinator, is working on the
publicity. It will be on a voluntary basis, it will not be part
of the mandatory recycling program, at this time.
Re- bricking of Stewart Avenue - Comm. Reeves reported that the
Streets and Facilities highway crews have been working on the re-
bricking of Stewart Avenue.
Transit Roadeo - Comm. Reeves reported that the Transit Roadeo
was held on June 11th at Cass Park. There were six transit
systems involved. The entire Roadeo was a great success.
Privatization Issue - Comm. Reeves referred to Item 21.1, under
New Business on tonight's agenda. She stated that the Board of
Public Works wishes to proceed with the investigation into
privatization. She said that the Board had a copy of a letter
from Ron Denmark at the Wastewater Treatment Plant to Larry
Fabbroni dated July 5, 1989 regarding this subject. The letter
reads as follows:
"In circumstances such as this there are always a great deal of
rumors and I would like to inform you of my position on this
matter and hope that you will consider the opinion of the staff
at this facility when making a final decision in this matter.
I feel strongly that we should discuss the matter with a
representative from a contracting firm. I would very much like
to hear directly from such a representative as I know some
•e�
5 July 5, 1989
operators from privately operated wastewater treatment facilities
that speak highly of privatization. After talking with such a
representative I would like to request that the City involve the
employees in any decision they make and the signatures below
represent interest in privatization by allowing a representative
to discuss the possibilities ".
Comm. Reeves stated that there are 11 signatures on the letter.
She said that the employees and staff will be taken into
consideration and the Board of Public Works will continue to seek
input from all involved. She stated that the Board of Public
Works strongly urges Council to vote "No" on Alderperson Nichols'
resolution in which he recommends the Board of Public Works be
denied the opportunity to investigate the privatization issue.
Comm. Reeves answered questions from Council.
Discussion followed on the floor regarding the recycling of
,rn plastics and why it is not being made mandatory. Asst. Supt.
Fabbroni answered questions from Council on this matter and
indicated staff would be studying the matter further.
Alderperson Cummings thanked the Board of Public Works and staff
for working on the lighting of Council Chambers for the
telecasting of Council meetings.
Youth Bureau Board
Alderperson Booth reported for the Youth Bureau Board that there
is a need for people to volunteer to serve on the Youth Bureau
Board, to act as policy overseers of the Youth Bureau in its
operations. He said that the County Youth Bureau Board is also
(tm� in need of members. He urged Council members who have
suggestions to make and persons that might be desirous of serving
their community in this way to let the Mayor, the Youth Bureau
Director Sam Cohen or the County know of their interest.
COMMUNICATIONS FROM THE MAYOR:
Petition - Banning Cars
Mayor Gutenberger stated that there was a petition delivered on
June 12 to his office requesting the City of Ithaca to ban all
cars from the City. He presented the petition to the City Clerk.
Route 96 Update
Mayor Gutenberger stated that the report is in its final stage of
review and should be received by the end of next week.
Community Development Grant
Mayor Gutenberger reported that the City of Ithaca was verbally
informed that our Community Development Grant application was
successful. The grant is for $555,800.
CITY ATTORNEY'S REPORT:
Sale of the Strand Theater
City Attorney Nash reported that the sale of the Strand Theatre
which was scheduled for July 7th has been postponed, due to
problems meeting all the legal requirements necessary to conduct
the sale of that building as they originally envisioned. At this
time there is no new date set for the sale.
Alderperson Johnson asked if City Attorney Nash could specify
what the legal problems are with the sale of the Strand. City
Attorney Nash replied that all the owners have not agreed to the
sale at this point.
Cable Franchise
Alderperson Schlather referred to a memo from City Attorney Nash
dated June 30, 1989, relative to the cable franchise. He asked
about the time frame in regard to approval for the transfer of
the franchise to Paramount. The City Attorney said that the time
frame is 120 days. Alderperson Schlather requested that the
34
6 July 5, 1989
matter be referred to the Charter and Ordinance Committee and the
Cable Commission.
Alderperson Schlather asked the following questions of City
Attorney Nash:
1. Would he investigate and advise the Council as to whether the
City will be able to charge the cost of evaluating the
proposed transfer either to ACC or Paramount?
2. Could we also have clarification with respect to the
advertising on channel 6, which is now an issue and the
question of the franchise fee overpayment, since it appears
that we may be running into a potential lawsuit on that issue
as well.
Alderperson Booth asked if it would be appropriate or feasible
for City Attorney Nash and Planning Director Van Cort to scope
out what sorts of criteria considerations the City should go
through in order to make a judgment as to whether or not we
should approve the transfer.
Alderperson Cummings wished to clarify that it is not only the
advertising on Channel 6 that we are against; it is the whole
Channel.
Fane Lawsuit
Alderperson Killeen referred to the Jason Fane lawsuit regarding
705 East Buffalo Street. He stated that he knows it is working
its way through the legal process. He said that he filed a
second complaint last week because a new sign has gone up
advertising the availability of rooms at that same historic home.
He asked City Attorney Nash if there is no way that this matter
can be brought to a closure. He asked what is holding up
compliance with the 'cease and desist order' that was issued a
year ago.
City Attorney Nash stated that one of the problems has been the
scheduling of a re- inspection of the premises. It was initially
inspected in December 1988 to see if it then complied with the
applicable codes as a multiple residence and the Building
Commissioner took the position that since it seemed to be
occupied as a fraternity, which would have different
requirements, he did not want to inspect it as a multiple
residence. He said that he hopes it will be re- inspected within
the next two weeks so at least the City can ascertain whether it
now meets Building and Housing Code requirements.
City Attorney Nash further stated that the Court case, of course,
involves past violations and whether or not it is now legal does
not remedy the fact that it once was illegal, as the City
contends. The process is long and drawn out. The matter is
scheduled to return to Court on July 21st to dispose of the final
motions in the case and a trial date will be set at that time.
Further discussion followed on the floor between Alderperson
Killeen and City Attorney Nash. Building Commissioner Datz
answered questions from the floor.
HUMAN SERVICES COMMITTEE:
GIAC Renovations - City Contract - Report
Alderperson Peterson stated that the Human Services Committee
voted to proceed on the renovations as long as there was adequate
funding set aside through our budget process to cover all the
renovations that were necessary for GIAC programs and to provide
for expanded day care. The GIAC Board, however, have come up
with more concrete figures as to use of space which the committee
needs to examine thoroughly.
I rn
c� :9
7 July 5, 1989
Alderperson Peterson said that she has sent a letter to the
School Board and the Board of Representatives asking about the
Markles Flats building, both for day care and for GIAC programs.
The old jail was also mentioned, as it has been renovated into
child care space. She further stated that Meadow House will be
vacant because the facility will be moved to the new Mental
Health building, so we might want to keep that in mind for child
care space.
Alderperson Peterson further stated that tied in with the
discussion on day care and GIAC renovations, there has been a
subcommittee meeting to talk about a contract that would be
signed between the City and GIAC. There has been contract
proposals for 6 or 7 years and we have never signed one. The
final suggested language, with a couple of key questions, has
been sent to City Attorney Nash for his review.
Alderperson Johnson remarked that as a member of that committee,
�.i.i he thinks it is important that it be noted that there were
f! several members who were very concerned that we had spent an
extensive amount of money on recommendations and an architect's
s report and that the concerns for the programs were not taken into
account at the time that study was done.
Mayor Gutenberger stated that there was a lot of discussion on
the programs at GIAC but the space allocation report never got
done as it was supposed to.
Alderperson Schlather noted that there was a Comprehensive
Facilities Committee that had met at GIAC, under Bob Cutia.
There were representatives of staff, the Youth Bureau, and the
Board of Public Works to discuss the reuse and renovation of that
facility. The end;1�esu_�l/t was that architect, Bob Boehlecke, was
commissioned to,idt the renovatiOns. It should be understood that
at that time the GIAC facility was being used for GIAC purposes
only on the first floor. The second floor was being rented out
to EOC, and in fact, had only then become vacant. As a
consequence there was some discussion by GIAC about moving some
of its programs temporarily up to the second floor.
Alderperson Schlather further stated that at the time it appeared
very reasonable to accommodate the drop -in center as a full time
day care center on the first floor provided that we could assure
GIAC programs full access to the second floor by means of an
elevator. He said that now there is some concern that GIAC
programs have expanded significantly but he certainly would not
suggest that at the time that the original studies were done,
that they were done without adequate information. It was done
very comprehensively and there is still some disagreement on the
Board as to whether or not we cannot accommodate the drop -in
center as a full time program on the first floor.
Homeless Shelter - Report
Alderperson Peterson reported that the sub - committee on the
permanent homeless shelter has been meeting regularly. They
expect to have some money from EOC to help defray a substantial
portion of the cost of the Southside Shelter for 1989 -90. The
sub - committee is also going to look at the usage and client
profiles of Southside as compared to the Red Cross Shelter. She
said that the sub - committee would also like Southside to approach
the Department of Social Services to ask about DSS reimbursements
for clients who use Southside as DSS reimburses clients who use
Red Cross or the motels.
Further discussion
followed on the
floor on exploring the Markle
Flats building as
an alternative.
Alderperson Peterson
remarked
that she thinks it
space allocation at
is now time to
GIAC. It may
look at Linda Sterk's
be time to have an
study of
architect
look at that and
see if there
is some space that
has been
overlooked.
Homeless Shelter - Report
Alderperson Peterson reported that the sub - committee on the
permanent homeless shelter has been meeting regularly. They
expect to have some money from EOC to help defray a substantial
portion of the cost of the Southside Shelter for 1989 -90. The
sub - committee is also going to look at the usage and client
profiles of Southside as compared to the Red Cross Shelter. She
said that the sub - committee would also like Southside to approach
the Department of Social Services to ask about DSS reimbursements
for clients who use Southside as DSS reimburses clients who use
Red Cross or the motels.
36)
0
July 5, 1989
Alderperson Peterson said that there will be additional requests
both from the City and County Human Service fundings for
emergency shelters. We need to think about what our priorities
as a city should be for human services funding.
* 14.3 Support for "Housing Now!"
By Alderperson Peterson: Seconded by Alderperson Johnson
WHEREAS, the City Council has recognized the community's need for
available, affordable housing for many sectors of the public,
including the most needy and homeless, and
WHEREAS, a local effort spearheaded by the "Housing Now!"
Coalition is underway to stimulate participation in both national
and local efforts to attack the housing crisis, and
WHEREAS, Common Council's encouragement of such grass -roots
involvement in housing issues is consistent with and beneficial
to its own work on affordable housing; now, therefore, be it
RESOLVED, That Common Council urges support for the "Housing
Now! "Coalition efforts, including participation in their meetings
and a special rally to be held September 9, 1989, and be it
further
RESOLVED, That the "Housing Now!" Coalition be invited to the
September 6, 1989 Council meeting to report on its local
progress regarding their agenda on tackling the housing crisis.
Carried (9 -0)
PLANNING AND DEVELOPMENT COMMITTEE:
Hydropower - Report
Alderperson Cummings reported that they are waiting for the Van
Natta Dam proposals to come back. They hope to have a
recommendation on Van Natta Dam in time for the August Council
meeting.
Alderperson Cummings referred to the Fall Creek designation and
stated that it appears that the strategy of designating the river
as a mechanism to prevent hydropower seems very questionable.
She further stated that as a Council we have an obligation to do
two things - to make sure that what goes in there is carefully
controlled and environmentally compatible and a financial
obligation to the city to check out where the negotiations with
NYSEG are on this. She asked that if people have concerns and
questions they should be directed to Alderperson Hoffman and the
Hydropower Commission.
Discussion followed on the setting of boundaries for designation
of Fall Creek. Alderperson Hoffman remarked that the Citizens
Group cannot decide on the boundaries. They can simply make
recommendations to the State, as the City can also do.
Mayor Gutenberger remarked that the final setting of the
boundaries must also go through the Public Hearing process so
that everyone has the opportunity to be heard. He further stated
that staff is working on many questions at the State and Federal
level.
Alderperson Cummings requested that we look seriously at the
European style Hyrdo - plant. Alderperson Hoffman replied that
this is being done.
* 15.2 West Hill Master j?-Lan
Environmental Review
By Alderperson Cummings: Seconded by Alderperson Killeen
WHEREAS, the Department of Planning and Development has prepared
a new master plan for the West Hill portion of the City of
Ithaca, and
0J
July 5, 1989
WHEREAS, the State Environmental Quality Review Act and the City
of Ithaca's Environmental Quality Review Ordinance require that
an environmental review of the West Hill Master Plan be completed
before its adoption, and
WHEREAS, the Board of Planning and Development has requested that
Common Council designate the Planning and Development Board as
lead agency for the environmental review of the West Hill Master
Plan; now, therefore, be it
RESOLVED, That the Board of Planning and Development is hereby
designated as the lead agency for the environmental review of the
West Hill Master Plan.
Alderperson Schlather asked if there was any discussion about
dove - tailing this environmental review with the generic
environmental review that we were talking about with Mr. Nolan.
He said that it seemed to him that a key component of his
tom) proposal is exactly that kind of environmental review; a so-
called generic environmental review that could be then used as a
key document in evaluating development proposals within a master
plan area.
`{ Deputy Director Mazzarella stated that while we have not come up
with the exact subjects on this environmental review for the West
Hill Master Plan, he thinks that a lot of the attention will be
focused on the impact of roads and traffic, public utilities,
emergency vehicle access and similar kinds of subjects which he
does not think will be the subject of Mr. Nolan's generic
environmental impact statement which will deal primarily with
housing development and affordibility of housing.
(400.", Alderperson Schlather remarked that another concern of his is the
question of lead agency and the question of giving up of a
certain amount of authority. He said that it may very well be
that as part of the master plan, especially with respect to the
lower parts of West Hill, there is going to be a request for
rezoning certain areas. He would hate to be in the position of
having the Planning Board say to the City 'we will not sign off
on this West Hill Master Plan unless you agree to rezone lower
parts of West Hill'. He would not want the City to have to do
something at the behest of the Planning Board simply because we
want to get the Master Plan approved. He thinks Common Council
should reserve unto itself that kind of policy making decisions
as opposed to the Planning Board.
Alderperson Cummings responded that this was discussed and the
sense of going with the Planning Board was because it is the
agency that has been involved thus far in bringing this project
along, and is capable of doing a very close scrutiny in the
review.
Further discussion followed on the floor.
Amending Resolution
By Alderperson Schlather: Seconded by Alderperson Romanowski
(awel RESOLVED, That the third Whereas be stricken and that the
Resolved be changed to read: "RESOLVED, That Common Council be,
and it is hereby designated, as the lead agency for the environ-
mental review of the West Hill Master Plan."
Discussion followed on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (3) - Schlather, Romanowski, Peterson
Nays (6) - Booth, Cummings, Nichols, Johnson, Killeen,
Hoffman
Motion Defeated (3 -6)
q�
10 July 5, 1989
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (7) - Cummings, Nichols, Johnson, Booth, Hoffman,
Peterson, Killeen
Nays (2) - Schlather, Romanowski
Carried (7 -2)
* 15.3 Amendments to Section 30.3 30.21 30.25 and 30.26 of the
Zoning Ordinance (R -2c zone)
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That Ordinance Number 89 - entitled "An Ordinance
Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30
Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it
hereby is introduced before the Common Council of the City of
Ithaca, New York, and
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York on Tuesday, August 1, 1989 at 7:00 p.m., and
RESOLVED, That the City
by the publication of
specifying the time when
will be held, and in
ordinance. Such notice
days prior to the public
Clerk give notice of such public hearing
a notice in the official newspaper,
and the place where such public hearing
general terms describing the proposed
shall be published once at least fifteen
hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Board of Planning and Development and the Tompkins County
Planning Board a true and exact copy of the proposed ordinance
for its report thereon.
ORDINANCE NO. 89 -
AN ORDINANCE AMENDING SECTIONS 30.3, 30.21, 30.25 AND 30.26
OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL
CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
SECTION 1. AMENDING SECTION 30.3, DEFINITIONS.
1. That the definition for "Dwelling, one - family" shall be
amended to read as follows:
"'Dwelling, one - family' shall mean a dwelling unit
occupied exclusively for residential purposes by an individual or
family and not more than one (1) unrelated individual, or a
functional family unit. In the R -1 zones, occupancy by an
individual or a family plus not more than two (2) unrelated
individuals is permitted if the dwelling is owner - occupied. In
the R -2 and R -3 zones, occupancy by an individual or a family
plus not more than two (2) unrelated individuals is permitted. A
one - family dwelling may be constructed in any of the following
configurations, as permitted in specific zoning districts:
A. One - family detached dwelling - A building containing
not more than one dwelling unit.
B. One - family detached dwelling, zero lot line - A
building containing not more than one dwelling unit
which is sited so that the side of the building is on
or near the side property line of the parcel on which
it is built.
C. One - family semi - detached dwelling - A building
containing not more than two one - family dwellings, each
lr�
r)r/
11 July 5, 1989
of which shares a party wall or other common
structural elements with the other dwelling unit in the
building.
D. One - family attached dwelling - A building containing
three or more one - family dwellings, each of which
shares one or more party walls or structural elements
with the other one - family dwellings in the building. A
maximum of six (6) dwelling units may be attached to
form a single building.
2. That a new definition for "Legal Occupant ", be added as
follows:
11104. 'Legal Occupant' shall mean a person that is
permitted to reside in a dwelling unit or building that contains
s habitable space. The minimum amounts of habitable space that are
required for legal occupancy by one or more persons are shown in
Section 27.9 of the City of Ithaca Municipal Code."
r .
SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING
DISTRICTS.
That Section 30.21, Establishment of Zoning Districts, be
amended to add the following new zoning district, to be
inserted after the words 11R -2b Residential ":
11R -2c Residential".
SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS
(400.1 1. That Section 30.25, District Regulations Chart, be amended
as follows:
A. Under Column 2, Permitted Primary Uses, for the R -1
districts, change "One- family dwelling" to "One- family
detached dwelling ".
B. Under Column 2, Permitted Primary Uses, for the R -2
districts, change "One- family dwelling" to "One- family
detached or semi - detached dwelling ".
C. Under Column 2, Permitted Primary Uses, add the
following:
11R -2c only: Single - family detached dwelling, zero -lot
line.
R -2c only: Single - family attached dwelling."
D. Under Column 2, Permitted Primary Uses, for the R -3
districts, change "One- or two- family dwelling" to "One
family detached, semi - detached or attached dwelling or
two - family dwelling."
E. Under Column 2, Permitted Primary Uses, for the R -U
(,move, district, change "One- or two - family dwelling" to
"One- family detached, semi - detached or attached
dwelling or two - family dwelling."
F. Under Column 3, Permitted Accessory Uses, for the R -2
districts, add "3. R -2c only; Private garage for not
more than six (6) cars per building."
G. Under Column 6, Minimum Lot Size, Area in Square Feet
change the following:
1. For the R -la zone, change "One- family dwelling" to
"One- family detached dwelling."
40
12 July 5, 1989
2.
For the R -lb zone, change "One- family dwelling" to
"One- family detached dwelling."
Column 7, Minimum Lot Size, Width
3.
For the R -2a zone, change "One-
or two - family
dwelling" to "One- family detached or
semi - detached
dwelling" to
dwelling or two - family dwelling ".
"One- family detached dwelling ".
4.
For the R -2b zone, change "One-
or two - family
dwelling" to
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
For the R -2a zone, change "One- or two - family
5.
For the R -3a zone, change "One-
or two - family
dwelling" to "One- family detached or
semi - detached
4.
dwelling or two - family dwelling ".
6.
For the R -3b zone, change One-
or two - family
dwelling or two - family dwelling ".
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
7.
For the R -U zone, change "One- family
dwelling" to
"One- family detached dwelling ".
8.
For the R -U zone, change "Two- family
dwelling" to
"One- family semi - detached dwelling
or two - family
dwelling ".
H. Under Column 6, Minimum Lot Size, Area
in Square Feet
add
under the subdistrict heading "R -2c":
"1.
One - family detached: 2500 for the first legal
occupant, plus 500 for each additional legal
occupant.
2.
One - family semi - detached: 2000
for the first
legal occupant in each dwelling unit, plus 400 for
each additional legal occupant in
each dwelling
unit.
3. One - family attached: 1500 for the first legal
occupant in each dwelling unit, plus 300 for each
additional legal occupant in each dwelling unit,
plus 500 for each additional legal occupant in
each dwelling unit in excess of five (5) legal
occupants.
4. Two - family dwelling: 2000 for the first legal
occupant in each dwelling unit, plus 400 for each
additional legal occupant in each dwelling unit.
5.
Other uses: 400011.
I. Under
Column 7, Minimum Lot Size, Width
in Feet at
Street
Line, change the following:
1.
For the R -la zone, change "One- family
dwelling" to
"One- family detached dwelling ".
2.
For the R -1b zone, change "One- family
dwelling" to
"One- family detached dwelling ".
3.
For the R -2a zone, change "One- or two - family
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
4.
For the R -2b zone, change "One- or two - family
dwelling" to "One- family detached or
semi - detached
dwelling or two - family dwelling ".
I V&
I rn
41
13 July 5, 1989
5. For the R -3a zone, change "One- or two - family
dwelling" to "One- family detached or semi - detached
dwelling or two - family dwelling ".
6. For the R -3b zone, change "One- or two - family
dwelling" to "One- family detached or semi - detached
dwelling or two - family dwelling ".
(000, 7. For the R -U zone, change "One- family dwelling" to
"One- family detached dwelling ".
8. For the R -U zone, change the "Two- family dwelling"
to "One- family semi - detached or two - family
dwelling ".
J. Under Column 7, Minimum Lot Size, Width in Feet at
Street Line, add under the subdistrict heading "R-
�� 2 c" :
1. One - family detached: 40
s 2. One - family semi - detached: 50
1�)
Q:'l° 3. One - family attached: 50
4. Two - family: 50
5. Other Uses: 40
K. Under Column 8, Maximum Building Height, Number of
Stories, add under the subdistrict heading "R -2c ":
n3".
(600" L. Under Column 9, Maximum Building Height, Height in
Feet, add under the subdistrict heading "R -2c ": 1135 ".
M. Under Column 10, Maximum Percent Lot Coverage By
Buildings, add under the subdistrict heading: "R -2c ":
1. One - family detached: 35
2. One - family semi - detached: 40
3. One - family attached: 50
4. Two - family: 40
5. Other Uses: 35
N. Under Column 11, Yard Dimensions, Front, Minimum
Required, add under the subdistrict heading "R -2c ":
"10".
O. Under Column 12, Yard Dimensions, Side, One Side at
Least, add under the subdistrict heading "R -2c ":
1. One - family detached: 10
2. One - family detached,
zero lot line: 15
3. One - family semi-
detached, unattached sides
only: 10
4. One - family attached,
unattached sides only: 10
5. Two - family: 10
14 July 5, 1989
P. Under Column 13, Yard Dimensions, Side, Other Side at
Least, add under the subdistrict heading "R -2c ":
1. One - family detached: 5
2. One- family detached,
zero -lot line: 0
3. One - family detached, zero -
lot line, on side abutting a
non - zero -lot line building: 5
4. One - family semi - detached,
attached sides: 0
5. One - family attached,
attached sides: 0
6. Two - family: 5
Q. Under Column 14, Yard Dimensions, Rear, Percent of
Depth, add under the subdistrict heading "R -2c ":
"25".
R. Under Column 15, Yard Dimensions, Rear, Maximum
Required in Feet, add under the subdistrict heading 11R-
2c ": 115011
SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL
CONDITIONS AND SPECIAL PERMITS.
1. That Section 30.26(B), Special Conditions, Group Care
Residence, be amended by adding the following under "3.
Density controls at individual facility level:"
DISTRICT R -2c
TOTAL AREA IN SQUARE FEET
WIDTH IN FEET AT STREET LINE
SIDE YARDS
MAXIMUM NUMBER OF RESIDENTS
3,000 for first 6
residents + 1,000
for each add'1
resident
40
10 - 10
10
2. That Section 30.26(C), Special Permits, be amended by adding
the following under Paragraph 4 (iv) after the label "R -2b ":
"R -2c".
SECTION 5. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in Section
3.11(B) of the Ithaca City Charter.
Alderperson Cummings gave background information on the
amendments and discussion followed on the floor. Deputy Director
Mazzarella answered questions from Council members.
Motion to Refer to Committee
By Alderperson Nichols: Seconded by Alderperson Booth
RESOLVED, That the amendments to Sections 30.3, 30.21, 30.25 and
30.26 of the Zoning Ordinance (R -2c zone) be referred to the
Charter and Ordinance Committee for review and report back to the
Council.
Carried (9 -0)
15 July 5, 1989
Finger Lakes Parks Improvements - Report
Alderperson Cummings reported that Mr. Andy Mazzella from Finger
Lakes Parks came to the Planning and Development Committee
meeting to give a comprehensive overview of what projects were
being undertaken, including the proposed addition of a pier at
the marina. He updated the committee on the additional
activities that were taking place including the 30 acres of land
acquisition at Treman State Park and enhancement of day use
picnic facilities in that area. In addition, the bike paths,
phases 1, 2 and 3 were discussed.
Mr. Mazzella asked the committee to request Council to move
forward on making land available for the additional pier and he
updated the committee on the changes in the plans that had
happened in that immediate area including the definition of
boundaries of Hog's Hole, the expansion of that area to include
some additional woodlands, planned enhancements of Hog's Hole by
creating additional wetland habitat within the area, and
ij relocation and moving of proposed parking areas slightly away
r
from it.
1 Alderperson Cummings asked the City Attorney about a resolution
C. =�i passed at a previous Council meeting directing him to draw up any
lz-
necessary transfer documents and what form that transfer had to
take. The Committee is now requesting that we move expeditiously
on this matter.
Alderperson Schlather asked City Attorney Nash if he could look
into the possibility of the City entering into some kind of a
revocable license agreement on the marina which would ultimately
result in the transfer of the lands once all the other things
(48so" that the State is talking about are done.
Alderperson Peterson stated that if the State wants to expand the
Marina into our lands she would like some kind of concession from
the State regarding Hog's Hole.
City Attorney Nash will look into the matter.
Recess
Common Council recessed at 10:00 p.m. and reconvened in regular
session at 10:15 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Police Department Computer Software RFP
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the Police Chief is hereby authorized to
circulate a request for proposals for the acquisition and
installation of a Law Enforcement Software.
Carried (9 -0)
* 16.2 Youth Bureau Personnel Roster Amendment
By Alderperson Schlather: Seconded by Alderperson Booth
RESOLVED, That the Youth Bureau Personnel Roster be amended as
follows:
Delete 1 20 hour per week Youth Worker
Delete 1 17.5 hour per week Youth Worker
Establish 1 full time Youth Worker Position
Carried (9 -0)
* 16.3 Youth Bureau Program Budget Amendment
By Alderperson Schlather: Seconded by Alderperson Hoffman
WHEREAS, The Youth Bureau has received confirmation of a New
York State Education Department grant for the establishment of a
Youth at Risk and Community Partnership Program, now therefore be
it
4R 4
16
July 5, 1989
RESOLVED, That contingent upon actual receipt of said grant, the
1989 Budget appropriations for Youth Bureau purposes be amended
as follows:
Increase A7310 -120 $5,525
A7310 -440 100
A7310 -445 100
A7310 -460 275
and be it further
RESOLVED, That General Fund Estimated Revenues be increased to
reflect the anticipated receipt of State Aid (A3820) in the
amount of $6,000.
Carried (9 -0)
* 16.4 Lease of New Fire Stations Sites From Town of Ithaca
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Mayor be authorized to sign an agreement with
the Town Of Ithaca for the lease of the West Hill and South Hill
Fire Station sites, in accordance with terms and conditions as
set forth in the 1987 Fire Protection Contract.
Carried (9 -0)
*16.5 Request to Board of Public Works to Abandon Tioga Street
South of Green Street
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That Common Council hereby requests, that the Board of
Public Works abandon the roadbed at Tioga Street, south of Green
Street, in order to allow steps to be taken to transfer necessary
lands to the County as part of its development project, and be it
further
RESOLVED, That the Common Council requests prompt and complete
resolution of outstanding parking issues pertaining to this
project.
Carried (9 -0)
* 16.6 Public Works Employee Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Romano
wski
RESOLVED, That Lisa Cornell be permanently appointed to the
position of Administrative Secretary to the Superintendent of
Public Works, and be it further
RESOLVED, That her salary be increased by four percent to
$17,159, which is Step 2 on the 1989 Compensation Plan for 40
hour confidential employees not covered by a bargaining unit,
effective July 10, 1989.
Carried (9 -0)
* 16.7 Authorization to Expend Capital Reserve Fund Moneys for
Purchase of DPW Equipment
By Alderperson Schlather: Seconded by Alderperson Nichols
RESOLVED, That an amount not to exceed $20,000 be appropriated
from Capital Reserve #23 for the acquisition of Department of
Public Works equipment relative to in -house sign preparation as
follows:
A. Sign Machine $12,500
B. Pressure Sensitive Sign Applicator 2,250
C. Graffiti Remover 4,500
D. Pullers and Push Pullers 750
$20,000
Carried (9 -0)
15
* 16.9 Increase Capital P
By Alderperson Schlather:
RESOLVED, That Capital
increased by $64,000 for
curbing on Hillview Place
further
17 July 5, 1989
ro-ject for Curbing Construction
Seconded by Alderperson Booth
Project 206 for street curbing be
the purpose of constructing granite
and upper Mitchell Street, and be it
RESOLVED, That $48,000 in available C.H.I.P.S. moneys and
$16,000 in encumbered funds be transferred from A690 -2 and A5111-
700 for the purpose of financing said project increase.
Carried (9 -0)
* 16.10 Fire Department Request to Amend Roster
By Alderperson Schlather: Seconded by Alderperson Hoffman
WHEREAS, Fire Fighter Juddson Leonard has been placed on a
permanent disability status, and has been assigned to a light
duty position which involves non -fire fighting duties, now
therefore be it
t)) RESOLVED, That the Fire Department Roster be increased by one
fire fighter position, contingent upon formal approval by the
Board of Fire Commissioners, and be it further,
-� RESOLVED, That said roster be reduced to its original staffing
level should the permanently disabled fire fighter in question
retire, and be it finally
RESOLVED, That the Town of Ithaca be notified of such roster
change in order to permit inclusion inapplicable fire protection
contract payments.
Alderperson Schlather gave background information on the
resolution and discussion followed on the floor.
me
Mayor Gutenberger was asked to convey the resolution to the Town
of Ithaca.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 16.11 Amendments to Fire Department Authorized Equipment List
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That authorized equipment list for the Fire Department
be amended as follows:
A.
1
Lot of SCBA Equipment
$1,386.30
B.
2
Chain Saws
1,626.00
C.
1
Rescue Mannequin
350.00
D.
1
Vacuum Cleaner
663.76
and be it further
RESOLVED, That $663.76 be transferred from account A3410 -477,
Equipment Parts and Supplies, to account A3410 -225, Other
Equipment , with the balance of $3,362.30 to be paid from
existing funds available in account A3410 -225, and be it further
RESOLVED, That this authorization is contingent upon formal
approval by the Board of Fire Commissioners at its next meeting.
Carried (9 -0)
* 16.12 Health Insurance Premiums for 1987 Retirees
By Alderperson Schlather: Seconded by Alderperson Killeen
WHEREAS, three employees, Robert Breene, James Diamond, and
Richard Ellis, had applied for retirement prior to the July 1,
1987 effective date of the Health Insurance Retirement Incentive
Program, now therefore, be it
461
M
July 5, 1989
RESOLVED, That said employees Health Insurance accounts be
credited retroactively with payments made in excess of the fixed
incentive program rates, as established in the Health Insurance
Retirement Incentive Program which went into effect July 1, 1987.
Alderperson Schlather explained that the foregoing resolution is
being offered to correct inequities for these three individuals.
Carried (9 -0)
* 16.13 Recruitment and Selection Procedure for Department Heads
and Managerial Personnel
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That Common Council does herewith adopt the following
Recruitment and Selection Procedure for Department Heads and
Managerial Personnel, effective immediately:
RECRUITMENT AND SELECTION PROCEDURE
FOR
DEPARTMENT HEADS AND MANAGERIAL PERSONNEL
I. RECRUITMENT
A. Upon notice of a vacancy in any of the positions
specified in Section 2.27 of the City Charter, the
Personnel Department shall initiate a state -wide
recruitment campaign. Newspaper advertisements and job
announcements shall be circulated as follows:
Newspapers
Albany Times -Union
Binghamton Press and Sun - Bulletin
Buffalo News
Cortland Standard
Elmira Star - Gazette
Ethnic News
Ithaca Journal
New York Times (if applicable)
Syracuse Herald - American
Job Announcements
All local community outreach agencies
All municipal Personnel Departments in New York State
All local employment agencies
All major College Placement Offices in New York State
All Minority Placement Agencies in New York State
Professional Journals and Publications
Any that are applicable
Recruitment campaigns may be extended into national
searches, if the position dictates that a national
search would be advisable.
A minimum of thirty (30) days will be allowed for the
submission of applications. If possible, the
application period will be extended to sixty (60) days.
B. Upon the receipt of a resume, the Personnel Department
shall send a blind Equal Employment Opportunity
questionnaire to the applicant. The Equal Employment
Opportunity questionnaire shall be used for statistical
purposes only and shall not contain any information
which can be used to identify the candidate.
WF
r f,
19 July 5, 1989
C. Upon the return of the EEO questionnaire, the Personnel
Department shall establish a profile of the applicant
pool with respect to sex, race, age, handicapped status
and veteran status.
D. The Personnel Department shall review all applications
and resumes received for the position against the
established position qualifications. The Personnel
Department shall then prepare a summary of the
credentials of the qualified candidates.
II. SEARCH COMMITTEE
A. A Search Committee for the vacant position shall be
established by the Mayor pursuant to Section 2.27 of
the City Charter. The Mayor shall then notify the
Personnel Department of the composition of the Search
If the Search Committee determines that the Applicant
Pool Profile reflects an adequate recruitment effort,
the Committee shall select approximately six to eight
candidates for interviews.
D. Prior to conducting the interviews, the Search
Committee shall, in consultation with the Mayor,
determine the qualities being sought for the position
and establish the criteria which shall be used to
evaluate the candidates. Once these criteria have been
determined, the Search Committee shall develop
questions designed to elicit responses which can be
used to evaluate candidates against the criteria.
III. INTERVIEW PROCESS
A. The Personnel Department shall schedule interviews with
the candidates selected by the Search Committee.
Approximately one (1) hour shall be reserved for each
interview.
B. Prior to the interviews, the Personnel Department shall
prepare an informational packet for each Search
Committee member. Said packets shall contain copies of
the applications, copies of the interview questions,
candidate evaluation sheets, the position job
description, relevant salary and benefit information,
and relevant information pertaining to the department
involved, its organization, its staffing and its
responsibilities. The Personnel Department shall also
include an informational sheet regarding questions
which are prohibited under the New York State Human
Rights Law.
Committee.
B. Following the closing date for the submission of
vy
applications, the Personnel Department shall organize
the initial Search Committee meeting. The Personnel
�.
Department shall supply each Search Committee member
with the summary of candidate credentials, copies of
all approved applications, and a copy of the Applicant
Pool Profile prior to the initial meeting. The Search
Committee members shall independently review the above
information prior to meeting, and shall bring their
comments and recommendations on the candidate pool to
the initial meeting.
C. At its initial meeting, the Search Committee shall
review the Applicant Pool Profile and determine whether
it is necessary to re- advertise the position. If a
decision to re- advertise is made, it shall be made in
consultation with the Mayor.
If the Search Committee determines that the Applicant
Pool Profile reflects an adequate recruitment effort,
the Committee shall select approximately six to eight
candidates for interviews.
D. Prior to conducting the interviews, the Search
Committee shall, in consultation with the Mayor,
determine the qualities being sought for the position
and establish the criteria which shall be used to
evaluate the candidates. Once these criteria have been
determined, the Search Committee shall develop
questions designed to elicit responses which can be
used to evaluate candidates against the criteria.
III. INTERVIEW PROCESS
A. The Personnel Department shall schedule interviews with
the candidates selected by the Search Committee.
Approximately one (1) hour shall be reserved for each
interview.
B. Prior to the interviews, the Personnel Department shall
prepare an informational packet for each Search
Committee member. Said packets shall contain copies of
the applications, copies of the interview questions,
candidate evaluation sheets, the position job
description, relevant salary and benefit information,
and relevant information pertaining to the department
involved, its organization, its staffing and its
responsibilities. The Personnel Department shall also
include an informational sheet regarding questions
which are prohibited under the New York State Human
Rights Law.
IV.
V.
VI.
20
July 5, 1989
An information packet shall also be prepared for the
Mayor, and the Personnel Department shall invited the
Mayor to attend the Search Committee interviews.
C. During the interviews, the Search Committee will
attempt to ask similar questions of all candidates, so
that all candidates are judged by the same standards.
It is understood, however, that different follow -up
questions will probably be necessitated by the various
candidate responses.
D. Reasonable travel and interview expenses shall be paid
to candidates upon the submission of a City voucher.
All efforts shall be made for candidates to use the
least expensive mode of transportation to Ithaca, and
to avoid the need for lodging expenses unless
candidates reside more than four (4) hours from Ithaca.
E. Throughout the Search Process, the Personnel Department
shall keep candidates apprised of the status of the
search.
COMMITTEE RECOMMENDATIONS
A. Following the candidate interviews, the Search
Committee shall discuss and evaluate the candidates.
The Search Committee may request that the Personnel
Department solicit candidate references prior to making
recommendations to the Mayor. After discussion and
evaluations, the Committee shall choose the top three
candidates and forward their names to the Mayor for
consideration, with comments in support of each
recommendation.
B. It shall be the decision of the Search Committee as to
whether the names recommended to the Mayor are or are
not ranked.
C. At the request of the Search Committee, the Personnel
Department shall prepare the Committee's
recommendations and forward them to the Mayor.
MAYOR'S SELECTION
A. The Mayor shall conduct interviews with one or more of
the candidates recommended by the Search Committee, at
his /her discretion.
B. Following the selection of a candidate, the Mayor shall
notify the Common Council and the Search Committee of
his /her selection and shall forward his /her salary
recommendations to the Budget and Administration
Committee for their review.
C. It shall be the decision of the Mayor as to whether a
public announcement of the selection shall be made
prior to or following the official appointment of the
candidate.
D. Once the Mayor has offered the position to a candidate
and the candidate has accepted the position, but prior
to the public announcement of the selection, the Mayor
shall direct the Personnel Department to notify all
remaining candidates that a selection has been made.
AFFIRMATIVE ACTION
A. The City's Affirmative Action Policies will apply
in all stages throughout this process.
1 f)
21 July 5, 1989
Discussion followed on the floor on the wording of IIC under the
Search Committee heading.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That under IIC, in the second paragraph, it reads as
follows: "If the Search Committee determines that the Applicant
Pool Profile reflects an adequate recruitment effort, the
Committee shall select an appropriate number of candidates for
interviews.
Ayes (6) - Johnson, Nichols, Peterson, Hoffman, Booth,
Romanowski
Nays (3) - Schlather, Cummings, Killeen
Carried (6 -3)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried (9 -0)
`) *16.14 Planning Department - Planner II Salary Adjustment
i.� By Alderperson Schlather: Seconded by Alderperson Cummings
`Y RESOLVED, That the salary of Helen Jones be increased to
$26,388, which is Step 7 on the Planner II line of the
Administrative Unit Compensation Plan, effective July 10, 1989.
Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson,
Hoffman, Peterson, Romanowski
Nay (1) - Schlather
Carried (8 -1)
* 16.15 Planning Department - Planner II Salary Adjustment
By Alderperson Schlather: Seconded by Alderperson Cummings
RESOLVED, That the salary of Leslie Chatterton be increased to
$25,373, which is Step 6 on the Planner II line of the
Administrative Unit Compensation Plan, effective July 10,1989.
Ayes (8) - Booth, Cummings, Nichols, Killeen, Johnson,
Hoffman, Peterson, Romanowski
Nay (1) - Schlather
Carried (8 -1)
* 16.16 Planning Department - Consulting Services/Nolan_ Contract
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That a proposal from Nolan Associates, Inc. be
accepted for the provision of consulting services in connection
with an Environmental Impact Mitigation program, inclusive of an
allowance for reimbursable expense, in an amount not to exceed
$13,500, and be it further
RESOLVED, That $13,500 be transferred from account A1990,
Restricted Contingency, to account A8020 -435, Planning Department
Contractual Services.
Discussion followed on the floor regarding a schedule and time -
frame in regards to Mr. Nolan's contract.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 16.17 Planning Department_ - Hydro RFP Consulting Services
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That an amount not to exceed $2,600 be appropriated
for consulting services relative to the review of VanNatta Dam
request for proposals expected to be received on or before July
14, 1989, and be it further
50
22 July 5, 1989
RESOLVED, That $2,600 be transferred from A1990, Unrestricted
Contingency, to account A8020 -435, Planning Department
Contractual Services for such purpose.
Carried (9 -0)
* 16.18 Bond Resolution - New Fire Stations
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That a resolution authorizing the issuance of
$2,185,000 Serial Bonds of the City of Ithaca, Tompkins County,
New York, to pay part of the cost of the construction of new City
Fire Stations be hereby approved.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,185,000 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO
PAY PART OF THE COST OF THE CONSTRUCTION OF NEW CITY FIRE
STATIONS.
WHEREAS, the capital project hereinafter described has been
determined to be an "Unlisted Action" for purposes of the State
Environmental Quality Review Act which will not result in any
significant environmental effects, and
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
part of the cost of the construction of new City fire stations,
one station to be constructed on a parcel of land to be leased
from the Town of Ithaca and located on Trumansburg Road on the
former Odd Fellows Farm, such fire station to be known as the
West Hill Fire Station, and the other fire station to be
constructed on a parcel of land to be leased from the Town of
Ithaca and located on the southwestern end of the Ithaca College
campus on Danby Road, such fire station to be known as South Hill
Fire Station, there are hereby authorized to be issued $2,185,000
serial bonds of the City of Ithaca, Tompkins County, New York,
pursuant to the provisions of the Local Finance Law. Further
details concerning said bonds will be prescribed in a further
resolution or resolutions of this Common Council.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$2,300,000 and that the plan for the financing thereof is as
follows:
a. by the issuance of the $2,185,000 serial bonds of said
City authorized to be issued pursuant to the provisions
of this resolution; and
b. by the expenditure of $115,000 monies of said City,
which monies are hereby appropriated therefor and which
monies shall constitute the down payment required by
Section 107.00 of the Local Finance Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is thirty years, pursuant to subdivision 11 (a)(1) of paragraph a
of Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
WE
I rn
51
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
�S 1
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
�S. 2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
23 July 5, 1989
Aye
the serial bonds herein authorized, including renewals of such
Aye
notes, is hereby delegated to the City Controller, the chief
Aye
fiscal officer. Such notes shall be of such terms, form and
Aye
contents, and shall be sold in such manner, as may be prescribed
Aye
by said City Controller, consistent with the provisions of the
Aye
Local Finance Law.
ka"',
Section 5. The faith and credit of said City of Ithaca,
Aye
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
Ayes (9)
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
�S 1
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
�S. 2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Romanowski
Aye
- Schlather
Aye
- Nichols
Aye
- Johnson
Aye
- Cummings
Aye
- Peterson
Aye
- Killeen
Aye
- Hoffman
Aye
- Booth
Ayes (9)
Carried
* 16.19 Bond Resolution - Fire Station Renovations
By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That a resolution authorizing the issuance of $950,000
in Serial Bonds of the City of Ithaca, Tompkins County, New York,
to pay part of the cost of reconstruction of City Fire Stations
be hereby approved.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $950,000 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO
PAY PART OF THE COST OF THE RECONSTRUCTION OF CITY FIRE
STATIONS.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
5")
24
July 5, 1989
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the class of objects or purposes of paying
part of the cost of the reconstruction of fire stations of the
City of Ithaca, Tompkins County, New York, there are hereby
authorized to be issued $950,000 serial bonds of the City of
Ithaca, Tompkins County, New York, pursuant to the provisions of
the Local Finance Law. Further details concerning said bonds
will be prescribed in a further resolution or resolutions of this
Common Council.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$1,000,000 and that the plan for the financing thereof is as
follows:
a. by the issuance of the $950,000 serial bonds of said
City authorized to be issued pursuant to the provisions
of this resolution; and
b. by the expenditure of $50,000 monies of said City,
which monies are hereby appropriated therefor and which
monies shall constitute the down payment required by
Section 107.00 of the Local Finance Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is twenty years, pursuant to subdivision 12 (a)(1) of paragraph a
of Section 11.00 of the Local Finance Law.
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
B
3
25 July 5, 1989
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Romanowski
Aye
- Schlather
Aye
- Nichols
Aye
- Hoffman
Aye
- Johnson
Aye
- Killeen
Aye
- Booth
Aye
- Peterson
Aye -
Cummings
Ayes (9)
Carried
* 16.20 Bond Resolution Reconstruction Stewart Avenue Bridge
By Alderperson Schlather: Seconded by Alderperson Peterson
RESOLVED, That a resolution authorizing the issuance of $430,000
in Serial Bonds of the City of Ithaca, Tompkins County, New York,
to pay part of the cost of reconstruction of the Stewart Avenue
Bridge be hereby approved.
A RESOLUTION AUTHORIZING THE
BONDS OF THE CITY OF ITHACA,
PAY PART OF THE COST OF THE
AVENUE BRIDGE IN AND FOR SAID
ISSUANCE OF $430,000 SERIAL
TOMPKINS COUNTY, NEW YORK, TO
RECONSTRUCTION OF THE STEWART
CITY.
WHEREAS, all conditions precedent to the financing of the capital
project hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital project; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific object or purpose of paying
part of the cost of the reconstruction of the Stewart Avenue
Bridge in and for the City of Ithaca, Tompkins County, New York,
there are hereby authorized to be issued $430,000 serial bonds
of the City of Ithaca, Tompkins County, New York, pursuant to the
provisions of the Local Finance Law. Further details concerning
said bonds will be prescribed in a further resolution or
resolutions of this Common Council.
Section 2. It is hereby determined that the maximum
estimated cost of the aforesaid specific object or purpose is
$530,000 and that the plan for the financing thereof is as
follows:
a. by the issuance of the $430,000 serial bonds of said
City authorized to be issued pursuant to the provisions
of this resolution; and
b. by the expenditure of $100,000 monies received by said
City from the State Department of Transportation as aid
for such project, which monies are hereby appropriated
therefor and which monies shall constitute the down
payment required by Section 107.00 of the Local Finance
Law.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose
is twenty years, pursuant to subdivision 10 of paragraph a of
Section 11.00 of the Local Finance Law.
5:1
511
26 July 5, 1989
Section 4. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year.
Section 6. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with.
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 7. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
The question of the adoption of the foregoing resolution was duly
put to a vote on roll call which resulted as follows:
Aye
- Schlather
Aye
- Cummings
Aye
- Peterson
Aye
- Nichols
Aye
- Killeen
Ayes (9)
* 16.21 Finance Departme
By Alderperson Schlather:
RESOLVED, That Connie J.
Acting Deputy City Clerk
24, 1989.
Aye -
Booth
Aye -
Romanowski
Aye -
Hoffman
Aye
- Johnson
Carried
nt Appointment Acting Deputy City Clerk
Seconded by Alderperson Romanowski
Holcomb be appointed to the position of
at a salary of $19,399, effective July
Carried (9 -0)
* 16.22 Finance Department - Amend Authorized Equipment List
By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the authorized equipment list for the Finance
Department be amended to include one FAX machine at an estimated
cost of $1,900 and be it further
RESOLVED, That said acquisition be financed by transferring
$1,900 to account A1315 -225, Other Equipment, from the following
accounts:
0
14
i) 1
27
A1990 Unrestricted Contingency
Trust And Agency /Building & Fire
Code Enforcement Aid
F8311 -425
G8111 -425
J8150 -425
Total
July 5, 1989
$700
300
300
300
300
$1,900
Carried (9 -0)
* 16.23 Audit
By Alderperson Schlather: Seconded by Alderperson Johnson
RESOLVED, That bills presented, as listed on Audit Abstract
#12/1989, in the total amount of $13,325.58, be approved for
payment.
Carried (9 -0)
* 16.24 Renewal Contract with Blue Cross /Blue Shield
(\J By Alderperson Schlather: Seconded by Alderperson Killeen
RESOLVED, That the Mayor be authorized to sign the renewal
contract with Blue Cross Blue Shield for provision of Health
Insurance Services and related stop -loss coverages, for the
period July 1, 1989 - December 31, 1990, and be it further
RESOLVED, That in lieu of purchase of a surety bond in connection
therewith, the City Controller be and is hereby authorized to
invest $322,000 of available fund balance in the Tompkins County
Trust Company at competitive interest rates as required by the
New York State Insurance Department.
Carried (9 -0)
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 An Ordinance Adding a New Chapter 67, Entitled
'Protection and Maintenance of Trees and Shrubs on City
Property', to the City of Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Cummings
WHEREAS, the City of Ithaca enjoys a beautiful and healthy
environment in which many persons live and work, and
WHEREAS, the protection and maintenance of trees and shrubs on
City property are important in preserving the beauty of the City
and the integrity and vitality of our urban environment, and
WHEREAS, the City of Ithaca wishes to provide for the protection
and maintenance of trees and shrubs on City property; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does
hereby adopt Chapter 67, entitled 'Protection and Maintenance of
Trees and Shrubs on City Property' as follows:
CHAPTER 67
PROTECTION AND MAINTENANCE OF
TREES AND SHRUBS ON
CITY PROPERTY
1. BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, County of Tompkins, State of New York.
Section 67.1 Purpose
This ordinance regulates the planting, maintenance,
protection and removal of trees and shrubs on public streets,
parks and other city -owned property; provides for a Shade Tree
Advisory Committee;,and establishes the office of a City Forester
in the Department of Public Works. This ordinance also provides
for the issuing of permits for the planting, maintenance,
protection and removal of trees and shrubs in city -owned places.
RE
Section 67.2 Short Title
July 5, 1989
This ordinance shall be known and may be cited as the "City
Tree Ordinance ".
Section 67.3 Definitions
The following terms shall have meanings provided in this
section, unless their context requires otherwise:
1. "City agency means any department, board, commission,
committee, or other entity within the government of the
City of Ithaca.
2. "Person" means any corporation, firm, partnership,
association, trust, estate, one or more individuals,
and any unit of government or agency or subdivision
thereof except for a city agency.
3. "Trees and shrubs" means any woody plants which have
self- supporting, viable above ground parts which are
viable year round.
Section 67.4 Authority and Responsibilities
1. The office of the City Forester is hereby established
in the Department of Public Works.
2. The City Forester, in consultation with the Shade Tree
Advisory Committee (STAC) and the Board of Public
Works, shall have the authority to implement and
enforce the provisions of this ordinance.
3. In furtherance of the purpose of this ordinance, the
Board of Public Works, in consultation with the City
Forester and STAC, shall have the authority to adopt
rules and regulations regarding arboricultural
specifications and standards of practice and such
additional rules and regulations as the Board
determines are necessary. These regulations shall
govern the planting, maintenance, removal,
fertilization, pruning and protection of trees and
shrubs on public streets, parks or other city property.
4. In the absence of the City Forester, the duties of that
office shall be the responsibility of the Supervisor of
Parks and Forestry within the Department of Public
Works.
Section 67.5 Shade Tree Advisory Committee
There shall be a Shade Tree Advisory Committee consisting of
the following: at least six persons appointed by the Mayor with
the consent of Common Council, two - thirds of which must be city
residents. Members shall serve terms of three years, with two of
the original members serving three years terms beginning in 1989,
two of the original members serving two year terms beginning in
1989, and two of the original members serving one year terms
beginning in 1989. Members may be reappointed for additional
terms. The members of the committee shall pick a chairperson at
the first meeting of each year on or following January 1.
Section 67.6 Planting, Maintenance, Removal or Replacement
1. No person or city agency shall plant, spray, fertilize,
prune, remove, replace, or otherwise disturb any tree
or shrub on any public street, park or other city -owned
property without first submitting a written request
therefor and obtaining written permission from the City
Forester. Requests for written permission shall be
Jd
29 July 5, 1989
acted on within 5 business days of filing the written
request with the City Forester. All work for which
such permission is given shall be done in accordance
with the Department of Public Works' rules and
regulations adopted pursuant to section 67.4 of this
ordinance.
(4mo", 2. Persons or city agencies conducting regular maintenance
work on trees or shrubs may be granted general permits
to cover their work on a yearly basis.
(6w, 5. Wherever it is necessary to remove a tree or shrub from
a public right -of -way in connection with the paving of
a sidewalk, or the paving or widening of a street, the
city or responsible agency or person shall replant
such tree or shrub or replace it. If conditions
prevent re- planting in the right -of -way, this
requirement may be satisfied by planting on the
adjoining property if the property owner agrees.
6. Requests from private citizens that new street trees be
planted near their property shall be accommodated in
accordance with planting priorities set by the City
Forester in consultation with STAC and the Board of
Public Works.
Section 67.7 Abuse or Mutilation of Public Trees and Shrubs
Unless specifically authorized in writing by the City
Forester, no person or city agency shall intentionally damage,
cut, carve, transplant, or remove any tree or shrub on city owned
property; attach any rope, wire, nails, advertising posters, or
other contrivance to any such tree or shrub; allow any gas,
liquid, or solid substance which is harmful to any such tree or
shrub to come in contact with it; or set fire or permit any fire
to burn when such fire or heat thereof will injure any portion of
any tree or shrub on city property. Written authorizations for
any action governed by this section may be obtained in the same
manner as provided in section 67.6 of this ordinance.
Section 67.8 Protection of Public Trees and Shrubs
1. Without written permission from the City Forester, no
person or city agency shall a) undertake any
construction or development activity, (including but
not limited to the excavation of any ditches, tunnels,
or trenches, or the laying of pavement), within the
3. Whenever a
person or city agency obtains written
permission pursuant to subdivision one of this section
to remove a
tree or shrub from any city -owned land for
the purpose
of construction, or for any other reason,
such person
or agency shall subsequently replace the
tree or shrub within one year of the issuance of the
tree removal
permit. Such replacement shall meet the
�j
standards of size, species, and placement as provided
for in the
tree removal permit issued by the City
Forester.
The permit holder shall bear the cost of
-
removal and
replacement of all trees or shrubs removed
F =� j
f•..
pursuant to
the permit.
4. It is the
responsibility of the City Forester to
determine if
trees or shrubs on city -owned property are
hazardous and to remove dead or hazardous trees or
shrubs from
city -owned property. If replacement is
recommended
by the City Forester, the city shall
replace the
tree or shrub within one year of removal.
(6w, 5. Wherever it is necessary to remove a tree or shrub from
a public right -of -way in connection with the paving of
a sidewalk, or the paving or widening of a street, the
city or responsible agency or person shall replant
such tree or shrub or replace it. If conditions
prevent re- planting in the right -of -way, this
requirement may be satisfied by planting on the
adjoining property if the property owner agrees.
6. Requests from private citizens that new street trees be
planted near their property shall be accommodated in
accordance with planting priorities set by the City
Forester in consultation with STAC and the Board of
Public Works.
Section 67.7 Abuse or Mutilation of Public Trees and Shrubs
Unless specifically authorized in writing by the City
Forester, no person or city agency shall intentionally damage,
cut, carve, transplant, or remove any tree or shrub on city owned
property; attach any rope, wire, nails, advertising posters, or
other contrivance to any such tree or shrub; allow any gas,
liquid, or solid substance which is harmful to any such tree or
shrub to come in contact with it; or set fire or permit any fire
to burn when such fire or heat thereof will injure any portion of
any tree or shrub on city property. Written authorizations for
any action governed by this section may be obtained in the same
manner as provided in section 67.6 of this ordinance.
Section 67.8 Protection of Public Trees and Shrubs
1. Without written permission from the City Forester, no
person or city agency shall a) undertake any
construction or development activity, (including but
not limited to the excavation of any ditches, tunnels,
or trenches, or the laying of pavement), within the
58
30 July 5, 1989
dripline of any city tree or shrub, or b) move or park
vehicles associated with any construction or
development activity which may affect any tree or shrub
on city property.
2. All trees or shrubs on any public street or other city
owned property directly impinging on any excavation or
construction of any building, structure, or street
work, shall be guarded as follows: a) for trees or
shrubs with a crown spread of eight feet or less, a
substantial fence, frame or box not less than four feet
high and eight feet square shall surround the tree or
shrub; b) for a tree or shrub with a crown spread over
eight feet, a fence not less than 4 feet high shall be
placed at least at the tree or shrub's dripline, or at
a distance prescribed by the City Forester. All
building material, soil, or debris shall be kept
outside these barriers.
3. No person or city agency shall deposit, place, store,
or maintain upon any public place of the city any
stone, brick, sand, concrete, or other materials which
may impede the free passage of water, air, and
fertilizer to the roots on any tree or shrub growing
thereon, except by written permit of the City Forester.
4. Any written permission required by this section may be
obtained in the same manner as provided for in section
67.6.
Section 67.9 Obstructions Caused by Trees or Shrubs on
Property Adjoining Public Streets
1. It shall be the duty of any person owning real property
bordering on a public street to ensure that trees and
shrubs on that property are pruned in a manner that
will not obstruct or shade street lights, obstruct the
passage of pedestrians on sidewalks, obstruct vision of
traffic signs, or obstruct the view of any street or
alley intersection. If trees are interfering with
utility wires, it is the obligation of the appropriate
utility company to correct the situation.
2. Should any person owning real property bordering on any
public street fail to comply as herein above provided,
the City Forester shall order the owner to take
corrective action within 15 days after receipt of
written notice.
3. The order required herein shall be served by mailing a
copy of it to the last known address of the property
owner.
4. When a person to whom an order is directed shall fail
to comply within the specified time, it shall be lawful
for the city to prune such trees or shrubs, or to pay
for such pruning, and the cost thereof shall be
assessed to the owner.
Section 67.10 Emergency Work
1. This ordinance shall not govern any emergency activity
immediately necessary to protect life, safety or
property, or to maintain access to any property. Any
such activity shall incorporate reasonable efforts to
protect trees and shrubs on city property from
unnecessary damage.
11�
31
July 5, 1989
2. Any person or city agency engaged in any action covered
by subdivision 1 shall make a reasonable effort to
notify the City Forester prior to commencing that
action and shall in any event, provide written notice
of the emergency and the work done by the City Forester
within three calendar days of commencing that work.
Section 67.11 Violation and Penalty
Any person who violates or fails to comply with any of the
provisions of this ordinance shall be guilty of a violation, and
upon conviction thereof shall be fined a sum not more than $250
plus the cost of rectifying damage to any tree or shrub on city -
owned property.
Discussion followed on the floor regarding the City Forester
position. Mayor Gutenberger expressed concern that Section
67.6, states that 'action will be taken by the City Forester
within 5 business days.' He asked what would happen if the City
Forester does not act within that time frame.
Alderperson Booth responded that as he understands New York State
law a time period is only directory unless it specifically says
it is mandatory. He asked that the record reflect that if the
City Forester is absent or if there is no City Forester at the
time, the matter would be handled by another City official.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 17.2 An Ordinance Amending Section 60.59 of Chapter 60
Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal
Code (Parking Meter Violations)
By Alderperson Booth: Seconded by Alderperson Schlather
AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60
ENTITLED 'TRAFFIC AND VEHICLES' OF THE
ITHACA CITY MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
(400" of Ithaca, New York as follows:
Section 1. That Section 60.59 of Chapter 60 entitled
'Traffic and Vehicles' of the Ithaca City Municipal Code be and
it is hereby amended to read as follows:
Notwithstanding the provisions of Section 60.100 and
in full acquittance of any violation for parking for a longer
period of time than is permitted, a civil penalty in the sum of
[Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such
sum is paid within twenty -four (24) hours of such violation.
Section 67.12 Separability
Should any section, clause, or
provision of
this ordinance
be declared by a court of competent
jurisdiction
to be invalid,
the same shall not affect the validity of the
ordinance as a
whole, or parts thereof, other than
the part so
declared to be
invalid.
2. This ordinance shall take effect
on August 1,
1989 following
publication of a notice as provided
in Section
3.11(B) of the
Ithaca City Charter.
Discussion followed on the floor regarding the City Forester
position. Mayor Gutenberger expressed concern that Section
67.6, states that 'action will be taken by the City Forester
within 5 business days.' He asked what would happen if the City
Forester does not act within that time frame.
Alderperson Booth responded that as he understands New York State
law a time period is only directory unless it specifically says
it is mandatory. He asked that the record reflect that if the
City Forester is absent or if there is no City Forester at the
time, the matter would be handled by another City official.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried (9 -0)
* 17.2 An Ordinance Amending Section 60.59 of Chapter 60
Entitled 'Traffic and Vehicles' of the City of Ithaca Municipal
Code (Parking Meter Violations)
By Alderperson Booth: Seconded by Alderperson Schlather
AN ORDINANCE AMENDING SECTION 60.59 OF CHAPTER 60
ENTITLED 'TRAFFIC AND VEHICLES' OF THE
ITHACA CITY MUNICIPAL CODE
BE IT ORDAINED AND ENACTED by the Common Council of the City
(400" of Ithaca, New York as follows:
Section 1. That Section 60.59 of Chapter 60 entitled
'Traffic and Vehicles' of the Ithaca City Municipal Code be and
it is hereby amended to read as follows:
Notwithstanding the provisions of Section 60.100 and
in full acquittance of any violation for parking for a longer
period of time than is permitted, a civil penalty in the sum of
[Two Dollars ($2.00)] Three Dollars ($3.00) may be paid if such
sum is paid within twenty -four (24) hours of such violation.
GO
32 July 5, 1989
Section 2. Effective Date.
This ordinance shall take effect on August 1, 1989 upon
publication of a notice as provided in Section 3.11(B) of the
Ithaca City Charter.
Alderperson Booth gave background information on the resolution
and discussion followed on the floor regarding the raising of
parking fines. It was pointed out by Alderperson Schlather that
the last time the fine was raised was in 1984.
A vote on the resolution resulted as follows:
Carried (9 -0)
An Ordinance Amending Chapter 31, Entitled 'Subdivision
Regulations' of the city of Ithaca Municipal Code (Pertaining to
City Exactions of Money for Park Purposes) - Report
Alderperson Booth reported that discussions are still ongoing on
this subject in the Planning and Development Committee and the
Planning and Development Board. When the Charter and ordinance
Committee receives a report back, they will bring it back to
Council.
Amending the City's Environmental Review Ordinance - Report
Alderperson Booth reported that the revision on this ordinance is
in the Clerk's Office to be re- typed. He will be distributing
copies to Council and Department Heads when it is completed.
Amending the Noise Ordinance -.Report
Alderperson Booth reported that the Noise Ordinance has been
revised and is also in the Clerk's Office to be re- typed. He
will be distributing copies to Council and Department Heads when
it is completed.
NEW BUSINESS•
Privatization for Public Utilities
By Alderperson Nichols: Seconded by Alderperson Johnson
WHEREAS, the Board of Public Works has on its Committee of the
Whole agenda the subject of "privatization" of the City's water
and wastewater treatment plants, and
WHEREAS, the provision of services that affect the lives and
well -being of our citizens are too important to take any chances
with their operation by private parties, and
WHEREAS, the device of "privatization" should not be used to
bypass the protections provided to our employees by Civil Service
Law, and
WHEREAS, whatever problems may exist in the present or future
operations of the water and wastewater treatment plants should be
dealt with directly, within the framework of the City's continued
direct control and operation, and
WHEREAS, prompt action by Council on the City's policy in regard
to privatization could save much time and controversy regarding
that possibility, which time would be better spent in planning
whatever changes are necessary in the City's operation of the
water and wastewater treatment plants; now, therefore, be it
RESOLVED, That it is the policy of the City of Ithaca that its
public utilities will not be turned over to private operation.
Alderperson Nichols stated that it is his firm belief that as a
matter of principle, such public functions that are so
environmentally significant to the public at large, such as a
water plant or a waste water treatment plant, should be carried
out as a public function, as a city function. He further
believes that the Board of Public Works should be spending more
time on issues of re- organization of the Department facilites,
61
33 July 5, 1989
parking, traffic, etc. He believes that if a great deal of time
is spent on this question of privatization, valuable time will be
lost in studying and working on other very important issues. If
it is true, that in the end, members of Council believe in this
principle of government operation then the whole discussion will
turn out to be fruitless.
He believes that Council should set the policy on this question
and set it reasonably quickly. However, Alderperson Nichols
stated, he understands Council reluctance in taking an action on
a motion of this kind without some committee discussion and he
would not object to a referral to committee. He did ask that
Council move on this and set a policy as quickly as possible.
Alderperson Schlather remarked the Alderperson's points are well
taken but he did not wish to foreclose discussion on the issue.
He therefore recommended it be referred to the Budget and
E_E Administration Committee.
pi)
Motion to Refer to Committee
-3 By Alderperson Schlather: Seconded by Alderperson Romanowski
RESOLVED, That the matter of privatization be referred to the
�..!� Budget and Administration Committee for review.
Discussion followed on the floor on whether or not this issue
should be referred to the Committee of the Whole.
Amending Motion to Refer to Committee
By Alderperson Nichols: Seconded by Alderperson Booth
RESOLVED, That the motion to refer to committee be amended to
read "RESOLVED, That the matter of privatization be referred to
the Budget and Administration Committee for review, and be it
further RESOLVED, That all members of Council who attend the
meeting to discuss this issue shall be entitled to vote at the
committee level on that issue."
Ayes (5) - Nichols, Johnson, Booth, Hoffman, Peterson
Nays (4) - Schlather, Romanowski, Killeen, Cummings
Carried (5 -4)
Discussion continued regarding referral motion.
Main Motion as Amended
A Vote on the Main Motion as Amended resulted as follows:
Ayes (7) - Schlather, Nichols, Killeen, Booth, Johnson,
Peterson, Hoffman
Nays (2) - Cummings, Romanowski
Carried (7 -2)
Extension of Meeting Time
By Alderperson Romanowski: Seconded by Alderperson Cummings
RESOLVED, That this meeting of Common Council shall be extended
to 12:00 midnight.
Carried (9 -0)
* 21.2 Request for Human Services Committee to Study State
Assembly Bill 6731
By Alderperson Nichols: Seconded by Alderperson Schlather
WHEREAS, a bill (6731) has been introduced in the State Assembly
which would amend the labor law in relation to establishing a job
stabilization act; now, therefore, be it
RESOLVED, That the Human Services Committee study the proposed
bill with a view toward the possible endorsement of such
legislation by Common Council, and be it further
RESOLVED, That the Human Services Committee study include a
review of job stability of the downtown Ithaca Post Office.
Carried (9 -0)
),1
34
July 5, 1989
* 21 .3 Tompkins Community Hospital In- patient Psychiatric
Service
By Alderperson Johnson: Seconded by Alderperson Killeen
WHEREAS, the In- patient Psychiatric Unit at Tompkins Community
Hospital has been a vital resource to those city and county
residents needing comprehensive treatment in a protective
hospital setting, and
WHEREAS, the proposed closing of the In- patient Psychiatric Unit
will leave a serious gap in the services provided to those
residents who require periodic hospitalization, and
WHEREAS, hospitalization in New York State, and /or private
facilities places undue hardships of travel and isolation on
patients and their families, and
WHEREAS, placement in these out of county facilities makes it
extremely difficult, if not impossible, for re- integration of
residents into our community; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
urges the Board of Directors of Tompkins Community Hospital and
the hospital managers to do all that is necessary so that we can
continue to have this vital service provided in our local
community hospital.
Carried (9 -0)
Executive Session
By Alderperson Cummings: Seconded by Alderperson Killeen
RESOLVED, That this Council adjourns into Executive Session to
discuss proposed land purchase and a possible personnel item.
Carried (9 -0)
ADJOURNMENT:
On a motion the meeting adjourned into Executive Session at 11:30
P.M. Council CamC out of I,RCC(]tiX_C SCSsion and the mCCtiiAacljou1,1100 at 12:00 p.m.
C-e/�v
Callista F. Paola 'eli ohn C. Gutenberger
City Clerk Mayor