HomeMy WebLinkAboutMN-CC-1992-10-07 317
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7 :00 p.m. October 7, 1992
PRESENT:
Mayor Nichols
Alderpersons ( 10) - Blanchard, Romanowski, Efroymson, Daley, Booth,
Johnson, Schroeder, Golder, Hoffman, Berg
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
Police Chief - McEwen
Fire Chief - Olmstead
Deputy City Controller - Thayer
City Controller - Cafferillo
Youth Bureau Director - Cohen
Planning and Development Director - VanCort
T— Building Commissioner - Eckstrom
N Superintendent of Public Works - Gray
Board of Public Works Commissioner - Reeves
m Tompkins County Board of Representatives - Lerner
Z PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES•
Approval of Minutes of the September 2, 1992 Common Council Meeting
By Alderperson Johnson: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the September 2 , 1992 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Booth requested the addition of Item 15 . 16, Provisional
Appointment of Deputy Police Chief .
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider the Request of the South Side Community
Center for a Waiver from Section 325-8 Column 4 Minimum Off-
street Parking, and Column 10 Minimum Front-yard Dimension of the
Zonift-Ordinance
Resolution to Open Public Hearing
By d�erperson Daley: Seconde8' by Alderperson Johnson
RESOLVED, That the Public Hearing to consider the request of the
South Side Community Center for a waiver from Section 325-8, Column
4, minimum off-street parking, and Column 10, minimum front-yard
dimension of the Zoning Ordinance be declared open.
Carried Unanimously
No one appeared to address the Council .
Resolution to Close Public Hearing
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, That" the Public Hearing to consider the request of the
South Side Community Center for a waiver from Section 325-8, Column
4, minimum off-street parking, and Column 10, minimum front-yard
dimension of the Zoning Ordinance be declared closed.
Carried Unanimously
1
318
October 7 , 1992
MAYOR'S APPOINTMENTS:
Ithaca Urban Renewal Agency
Mayor Nichols explained that appointment, to the IURA now require
that we set term limits for the member;. He stated that he is
appointing all the present members , with the variou-6� terms as
listed and requested that the Council approve his appointments .
Resolution
By Alderperson Schroeder: Seconded by Al.derperson,.,Daley
RESOLVED, That this Council approves the appointment of the
following persons with the listed terms to the Ithaca Urban Renewal
Agency as requested by the Mayor :
Anne T. Jones - June 30, 1993
Clarence H. Reed - June 30, 1994
Susan Cummings - June 30, 1995
Doug Dylla - June 30, 1996
Carried Unanimously
Board of Fire Commissioners
Mayor Nichols requested Council approval for the appointmenCti H.
Clayton Hamilton, 111 Hyers Street, to the Board " of, Fire
Commissioners, with a term to expire June 30, 1995 .
Resolution
By Alderperson Daley: Seconded by Alderperson Berg: ,
RESOLVED, That this Council approves the appointment of H. Clayton
Hamilton to the Board of Fire Commissioners with a term to expire
June 30, 1995 .
Carried Unanimously
Mr. Hamilton was sworn in as a member of the Board of Fire
Commissioners by City Clerk Paolangeli .
COMMUNICATIONS•
Mayor Nichols stated that on October 1 lie sent a statement to all
members of the County Board requesting that they review the
County' s solid waste plan and because of recent developments
consider the moving the transfer station to another site .
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Citizens to Save Our Parks J
Ms . Doria Higgins, representing Citizens to Save Our Parks, read a
statement asking the City to determine whether City lands known as
the Festival Lands is park land . She presented a petition with 437
signatures of persons who are testifying that they have used the
Festival Lands for park and recreational purposes . She stated that
these people, with these signatures , are not taking a stand for or
against any plans to develop the area . She asked that the City
give due recognition to the fact that the Festival Lands is park
land by "implied dedication" and that according to New York State
Law the City will need eight votes and not just six to dispose of
it . Her statement and the petition are filed in the City Clerk' s
Office.
Tompkins Residents for Affordable_ Solid Waste Handling
Mr. Ernest Bury, representing a. new committee named T.R.A. S .H. ,
explained the goals of the group that has been formed. He stated
that the first goal is to stop the Central Processing Facility, the
other one is to contain costs by privatization, and the third goal
is to start a dialogue between various branches of the County that
seem to be unable or unwilling to talk to the citizens about what
is happenii-g with regards to trash handling. Mr. Bury urged
Council to bring an injunction against the County to stop the
progress at the Central Processing Facility. He read a resolution
from the County Affairs Committee of the Tompkins County Chamber of
Commerce urging that a freeze be insti.tut-.ed on further work for the
Central Processing Facility and related projects at the Commercial
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319
October 7, 1992
Avenue site until the County has completed its review of the County
Solid Waste Management Plan and pending receipt of a permit for a
revised Central Processing Facility from the Department of
Environmental Conservation of New York State .
Rental Housing (Security Deposit
The following persons spoke to Council regarding the Security
Deposit legislation on tonight ' s agenda :
Mr. Larry Beck Mr . Timothy Terpening
Mr. Chris Anagnost Mr . Mark Finkelstein
Central Processing Facility
Mr. Mark Finkelstein urged Council to adopt the resolution that
will be introduced by Alderpersons Romanowski , Schroeder and Daley
calling upon the County to freeze the construction of the CPF.
RESPONSE TO THE PUBLIC:
�— Mayor Nichols responded to comments made by Mr . Beck regarding the
(� security deposit issue and delay in issuing trash tag fines . This
(V procedure has now been changed so that notification of the fine
m will be well within 30 days .
z Alderperson Hoffman, for clarification, quoted from the Security
G Deposit legislation in regard to what the obligation of the
G property owner is under the proposed legislation .
REPORT OF BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, lst ward representative, addressed Council on the
following issues :
Solid Waste Out-of-County Hauli_nq - The Board has voted to extend
the hold on DR-7 for an additional three months to finish
researching what the options would be in terms of long-term hauling
out-of-county. It is not a settled .issue but it is increasingly
likely that the county may go forward with long-term out-of-county
hauling and discontinue work on the DR- 7 site .
Solid Waste and Recycling. C_enter - There is ongoing discussion
regarding the solid waste and recycli.rrg center on Commercial
Avenue, most of it in Executive Session . A complicated factor in
discussion of the solid waste center is that the State has created
a new kind of procurement process for this kind of facility,
which is required by law to be confidential and the bidders and
vendors can-. sue the county if the confidentiality is broken.
Mr. Lerner answered questions from Council members and the Mayor
rega'2aing the site on Commercial Avenue .
REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS:
Board of Public Works
Commissioner Reeves reported to Council on the following items :
Neighborhood Parking and Traffic Issues
South Hill Civic Assqciation - Request for "No Thru Traffic"
sign at Turner and Prospect was turned down by Board.
Preliminary design, including a cost est i_mate is being prepared for
the intersection of College Avenue and Mitchell Street .
Traffic problems on the South side i.ncludi.ng South Titus Avenue,
Fair and South Streets and South Plain St reet. are under discussion.
The intersection of Tioga and Farm Streets is undergoing changes to
alert motorists of a potentially hazardous intersection .
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320
October 7 , 1992
The Board is reassessing the corner of East State and North Aurora
and considering placing a pedestrian walk cycle at that corner .
Recycling Containers for Commons and Collegetown - The Board is
looking into the possibility of placing recycling contaih'ers on the
Commons and in Collegetown .
Department of Public Works - The Board tece.ived an invitation from
the DPW to spend some time, a day or a few lours, with Department
employees on the job so that the Commissioners can get a better
idea of what occurs in the day of ali employee of the DPW.
Commissioner Reeves extended an invitaL:i.on ,to Council members to do
the same.
Commissioner Reeves answered questions from Council members .
Rental Housing Commission
Mr. Mark Finkelstein asked that he be allowed to address Council in
the absence of the Chair of the Rental Housing Commission. He
called Council ' s attention to a resglul.ion that was adopted .by the
Commission at its meeting last weak requesting Common Counci to
consider changing the membership rules by removing •t4e,. .City
residency requirement for people appointed to the Rental H$usi.ng
Commission who serve as representatives of non-profit agencies so
long as the non-profit agency is located in the City.
'4w
Mayor Nichols stated that the Planning and Development Committee is
looking at the whole issue of the Rental. Housing Commission and
that the resolution will be passed on to them for their review.
CHARTER AND ORDINANCE COMMITTEE:
* 17 .6 An Ordinance Amending the City_of__Ithaca Municipal Code by
Adding a New Chapter 258 to be Entitled "Rental Housing" (Security
Deposits
By Alderperson Hoffman: Seconded by Alderperson Efroymson
ORDINANCE 92-
An ordinance to amend the Code of the City of Ithaca by adding
a new Chapter 258, to be entitled "Rental Housing. "
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows :
Section I . The Municipal Code of the City of Ithaca is
hereby amended by adding thereto a new Chapter to be Chapter 258,
Rental Housing, to read as follows :
258. 1 Findings of Fact and Statement of Purpose .
A. The City of Ithaca has a significant tenant population .
B. Equitable landlord-tenant relations are a matter of
public welfare .
C. Prompt, reasonable return of security deposits is an
important factor in tenants being able to obtain subsequent
housing.
D. The issue of return of security deposits is a source of
potential conflict between landlords and tenants which may result
in a burdensome effect on the court system.
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October 7 , 1992
258.2 Definitions .
A. Landlord: Person who has the right to exclusive
possession of certain premises and who, for consideration under a
rental agreement, agrees to relinquish that right to another
temporarily, retaining a right of reversion of the premises upon
termination of such agreement .
B. Normal wear and tear : The det.er. ioration which occurs,
based on the use for which the residenLial unit is intended,
without negligence, carelessness, acc,i.dent. or abuse of the premises
or equipment or chattels by the tenants or members of his/her
household or their invitee or guests . The term "normal wear-and-
tear" does not include sums or labor expended by the landlord in
removing from such residential. unit articles abandoned by the
tenant such as trash. If a rental unit was leased to a tenant in
a habitable condition or if it was put in a habitable condition by
the landlord during the term of the tenancy, "normal wear-and-tear"
t-- does not include sums required to be expended by the landlord to
(� return the rental unit to a habitable condition, unless expenditure
N of those sums was necessitated by action of the landlord, events
m beyond the control of the tenant, or actions of someone other than
the tenant or members of his/her household or their invitee or
z guests .
G C. Rental Agreement: A written or, oral agreement embodying
and fixing the terms and conditions for the transfer of possession
and the use and occupancy of premises whether or not for a definite
period of time .
D. Residential Unit : Any premises which are used for
residential purposes under the terms of a rental agreement .
E. Security Deposit : The total of all payments and
deposits given by a tenant to the landlord as security for the
performance of the tenant ' s obligations .
F. Tenant : A person entitled to exclusive possession and
occupancy of a residential unit and t;he right of use of the
appropriate appurtenances as provided in a rental agreement
including any other person eighteen ( 18 ) years of age or over who
shares such unit with the' knowledge and consent of the landlord.
258.3 Ownership of Security Deposit./Trust Provisions .
1'M'enever a tenant shall deposit w i t.h the landlord a security
deposit, such deposit, or any portion thereof, until repaid or
righT*P'ully applied for obligations of the tenant to the landlord,
shall continue to be the money of the tenant and shall be held in
trust by the landlord with whom such deposit shall be made and
shall not be mingled with the personal. monies or become an asset of
the landlord.
258.4 Notification to Tenant .
r,
Whenever a tenant shall provide to the landlord a security
deposit, the landlord shall provide to the tenant a written receipt
for the security deposit and shall further inform the tenant, in
writing, of the location where the deposit. is held; if the deposit
is being held in a banking organization , the name and address of
the banking organization in whi-ch the security deposit is being
held; and a statement as to whether or not. the deposit is being
held in an^..,interest-bearing account .
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322
October 7 , 1992
258.5 Obligation of Tenant to Clean Premises .
The tenant shall have the obligation of placing the
residential unit in as overall clean condition as it was when the
tenancy commenced, excepting normal wear and tear.
258.6 Return of Security Deposit. by Landlord to
Tenant.
Within thirty ( 30 ) days after the 1-.errnination of tenancy or
the surrender of the premises , whichever occurs later, the landlord
shall return to the tenant the full sec.ui. i.t:,y deposit deposited with
the landlord by the tenant, or, if there '- is actual cause for
retaining the security deposit or any portion of it, the landlord
shall provide to the tenant a written statement specifying the
reasons for such retention, including a good faith estimate of the
cost for each item of damage. The written statement specifying the
reasons for the retention of any portion of the security deposit
shall be accompanied by a full payment of the difference between
the security deposit and the amount, ,retained. Nothing contai;pp,d in
this section shall preclude the landlord from retaining all,'or a
portion of the security deposit to cover_ the costs oft zing
and/or disposing of unclaimed property, for non-payment -of rent,
and for non-payment of utility charges which the tenant was
required to pay directly to the landlord .
258.7 Wrongful Retention of the Security Deposit by
the Landlord.
In the event that the landlord willfully and without good
cause fails to return all or a portion of the security deposit, a
court may award to the tenant up to triple the amount of that
portion of the security deposit wrongfully withheld from the
tenant, together with reasonable attor'ney ' s fees and court costs .
In determining whether to award such treble damages and/or
attorney' s fees, the court may consider the past practices of the
landlord regarding return of other security deposits . Treble
damages and/or attorney' s fees shall not be awarded pursuant to
this Section where a landlord has made a good faith effort to
estimate the amounts which properly should be withheld from the
security deposit and has returned to the tenant the balance of the
security deposit in a timely manner . Should the landlord, within
the aforesaid thirty ( 30 ) day period, fail to return the entire the
security deposit or fail to provide the aforesaid written statement
specifying the reasons for the retention of all or a portion of the
security deposit, accompanied by full payment of the difference
between the security deposit and the amount retained, it shall be
presumed that the landlord is willfully and without good cause
retaining the security deposit .
258.8 Burden of Proof .
In any court action brought by a tenant for the return of the
security deposit, the landlord shall bear the burden of proving
that the withholding of the security deposit, or any portion of it,
was justified.
258.9 Waiver of Provisions Void .
Any attempted waiver of the terms of this ordinance by a
landlord or tenant by contract or otherwise, shall be deemed to be
against public policy and shall be considered void and
unenforceable.
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323
October 7, 1992
Section II . Severability .
In the event that any portion of th i s ordinance for any reason
be declared void and/or unenforceable, such finding shall not
effect the enforceability of the remaining sections of this
ordinance.
Section III . Effective Date.
The ordinance shall take effect immediately and in accordance
with law upon publication of a notice as provided in the Ithaca
City Charter, provided however it shall. only apply to rental
agreements entered into or renewed on or after November 1 , 1992 .
Alderperson Hoffman explained the ordinance.
Amending Resolution
By Alderperson Romanowski : Seconded by Alderperson Johnson
RESOLVED, That in Sections 258 . 6 and 258. 7 , the words "thirty ( 30)
days" be changed to read "forty-five ( 45 ) days" .
N
m Extensive discussion followed on the floor .
z A vote on the amendment resulted as follows :
Ayes (5 ) - Romanowski, Blanchard, Daley, Booth, Johnson
Nays ( 6) - Golder, Schroeder, Hoffman , Berg, Efroymson, Mayor
Nichols
Motion Fails
Amending Resolution
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That an additional paragraph be added to Section 258 . 6,
at the end, to read as follows :
"Whenever the landlord does , not return to the tenant the full
security deposit within thirty ( 30 ) days after termination of the
tenancy, the landlord shall, in addition to providing to the tenant
a written statement specifying the reasons for such retention,
shall file in the office of the Building Department of the City of
Ithaca, a copy of such written statement: specifying the reasons for
such retention, which statement shall be placed in the appropriate
Building Department file for that property . "
Discussion ,followed regarding the amendment .
A vote'°on'- the amending resolution resin i.ed as follows :
Ayes ( 1 ) - Johnson
Nays ( 9 ) - Blanchard, Romanowski, Efroymson, Daley, Booth,
Schroeder, Golder, Hoffman, Berg
Motion Fails
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Golder
RESOLVED, That another paragraph be added to Section 258 . 6 to read
- as follows :
"Nothing in this Section shall be construed to imply other than it
is the landlord' s responsibility to ret.urn the tenant ' s security
deposit or balance as soon as reasonably possible. "
Discussion . followed on the amending resolution .
A vote on the amending resolution resulted as follows :
Carried Unanimously
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324
October 7, 1992
Amending Resolution
By Alderperson Efroymson : Seconded by Al.de.rperson Golder
RESOLVED, That at the end of the above paragraph the following
words be added:
" In no case shall the final accounting t:.ake longer than 45 days . "
Discussion followed on the floor on the amendment .
City Attorney Guttman offered the following substitute wording for
the amending resolution:
"Within 45 days the landlord shall have final figures and shall
return to the tenant the entire security deposit less amounts which
are properly withheld. "
Alderperson Efroymson accepted City Attorney Guttman ' s wording as
a friendly amendment.
Further discussion followed on the .,floor .
A vote on the amending resolution resulted as follows: {,
Ayes (2 ) - Efroymson, Berg
Nays ( 8 ) - Booth, Johnson, Golder, Daley, Blanchard,
Schroeder, Hoffman, Romanowski ,.;
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, That a new Section 258 . 10 be added to read as follows :
"Section 258 . 10 . Exemptions .
This Ordinance shall not apply to any building in which the owner
of said building maintains his/her primary residence and which
contains not more than three residential units , including the unit
occupied by the owner. "
Discussion followed on the floor .
A vote on the amending resolution resulted as follows :
Ayes ( 1 ) - Booth
Nays ( 9 ) - Daley, Blanchard, Romanowski, Efroymson, Johnson,
Schroeder, Golder, Hoffman, Berg
Motion Fails
Amending Resolution
By Alderperson Golder:
RESOLVED, That at the end of 258 . 3, the following words be added:
"Such deposits shall be returned to the tenant per State Law"
Alderperson Golder' s amendment failed for the lack of a second.
Alderperson Booth, for the record, stated that he is going to
support the ordinance but he thinks it is considerably weaker than
it should be in that it does not contain a written check-in and
check-out procedure.
City Attorney Guttman stated he thinks the minutes should reflect
that in 258 . 7 we list factors that the Court may consider in
determining whether the landlord willfully and without good cause
fails to return a security deposit . He stated that obviously the
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325
October 7 , 1992
Court may consider whatever it deems appropriate . City Attorney
Guttman thinks that it should be clear that Council does not
disagree, but what Council is saying i �; that these are factors
which this Council thinks are important for the Court to be aware
of .
Further discussion followed on the Main Motion as amended.
A vote on the Main Motion as Amended resulted as follows :
Ayes ( 8) - Efroymson, Daley, Johnson, Booth, Schroeder,
Golder, Hoffman, Berg
Nays (2 ) - Blanchard, Romanowski
Carried
The Main Motion as Amended shall read as follows:
ORDINANCE 92-
T— An ordinance to amend the Code of the City of Ithaca by adding
a new Chapter 258, to be entitled "Rental Housing. "
co W BE IT ORDAINED AND ENACTED by the Common Council of the City
Z of Ithaca as follows :
Section I . The Municipal Code of the City of Ithaca is hereby
amended by adding thereto a new Chapter to be Chapter 258, Rental
Housing, to read as follows :
258. 1 Findings of Fact and Statement of Purpose.
A. The City of Ithaca has a significant tenant population.
B. Equitable landlord-tenant relations are a matter of
public welfare.
C. Prompt, reasonable return of security deposits is an
important factor in tenants being able to obtain subsequent
housing.
D. The issue of return of security deposits is a source of
potentia,. conflict between landlords and tenants which may result
in a burdensome effect on the court system.
252.2 Definitions .
A:_. '-Landlord: Person who has the right to exclusive
posse's;ion of certain premises-. 'and who, for consideration under a
rental agreement, agrees to relinquish that right to 'another
temporarily, retaining a right of reversion of the premises upon
termination of such agreement .
B. Normal wear and tear : The deterioration which occurs,
based on the use for which the residential unit is intended,
without negligence, carelessness, accident or abuse of the premises
or equipment or chattels by the tenants or members of his/her
household or their invitee or guests . The term "normal wear-and-
tear" does not include sums or labor expended by the landlord in
removing from such residential unit articles abandoned by the
tenant such as trash . If a rental unit. was leased to a tenant in
a habitable condition or if it was put in a habitable condition by
the landlord during the term of the tenancy, "normal wear-and-tear"
does not include sums required to be expended by the landlord to
return the.rental unit to a habitable condition, unless expenditure
of those sums was necessitated by action of the landlord, events
beyond the control of the tenant, or actions of someone other than
the tenant or members of his/her household or their invitee or
guests .
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326
October 7, 1992
C. Rental Agreement: A written or oral agreement embodying
and fixing the terms and conditions for the transfer of possession
and the use and occupancy of premises whether or not for a definite
period of time.
D. Residential Unit : Any pr.emi.ses which are used for
residential purposes under the terms of a rental agreement .
E . Security Deposit : The total. of all ,..: payments and
deposits given by a tenant to the landlord as security for the
performance of the tenant ' s obligations .
F. Tenant: A person entitled to exclusive possession and
occupancy of a residential unit and 1-he right of use of the
appropriate appurtenances as provided in a rental agreement
including any other person eighteen ( 18 ) years of age or over who
shares such unit with the knowledge and consent of the landlord.
258.3 Ownership of Security Deposit./Trust Provisions .
Whenever a tenant shall deposit with the landlord a security
deposit, such deposit, or any portion thereof, until reE.5h�o or
rightfully applied for obligations of the tenant to the Landlord,
shall continue to be the money of the tenant and shall be held in
trust by the landlord with whom such deposit shall be made and
shall not be mingled with the personal monies or become an,Zsset of
the landlord.
258.4 Notification to Tenant .
Whenever a tenant shall provide to the landlord a security
deposit, the landlord shall provide to, the tenant a written receipt
for the security deposit and shall further inform the tenant, in
writing, of the location where the deposit is held; if the deposit
is being held in a banking organization, the name and address of
the banking organization in which the security deposit is being
held; and a statement as to whether or not the deposit is being
held in an interest-bearing account .
258. 5 Obligation of Tenant to Clean Premises .
The tenant shall have the obligation of placing the
residential unit in as overall clean condition as it was when the
tenancy commenced, excepting normal wear and tear.
258.6 Return of Security Deposit by Landlord to Tenant.
Within thirty ( 30 ) days after the termination of tenancy or
the surrender of the premises, whichever occurs later, the landlord
shall return to the tenant the full secur.i.ty deposit deposited with
the landlord by the tenant, or, if there is actual cause for
retaining the security deposit or any portion of it, the landlord
shall provide to the tenant a written statement specifying the
reasons for such retention, including a good faith estimate of the
cost for each item of damage . The written statement specifying the
reasons for the retention of any portion of the security deposit
shall be accompanied by a 'full payment of the difference between
the security deposit and the amount retained. Nothing contained in
this section shall preclude the landlord from retaining all or a
portion of the security deposit to cover the costs of storing
and/or disposing of unclaimed property, for non-payment of rent,
and for non-payment of utility charges which the tenant was
required to pay directly to the landlord .
Nothing in this Section shall be construed to imply other than
it is the landlord' s responsibility to return the tenant ' s security
deposit or balance as soon as reasonably possible.
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327
October 7, 1992
258.7 Wrongful Retention of the Security Deposit by
the Landlord.
In the event that the landlord willfully and without good
cause fails to return all or a portion of the security deposit, a
court may award to the tenant up to triple the amount of that
portion of the security deposit wrongfully withheld from the
tenant, together with reasonable attorney ' s fees and court costs .
In determining whether to award such treble damages and/or
attorney' s fees, the court may consider the past practices of the
landlord regarding return of other security deposits . Treble
damages and/or attorney' s fees shall not be awarded pursuant to
this Section where a landlord has made a good faith effort to
estimate the amounts which properly should be withheld from the
security deposit and has returned to the tenant the balance of the
security deposit in a timely manner . Should the landlord, within
the aforesaid thirty ( 30) day period, fail to return the entire the
security deposit or fail to provide the aforesaid written statement
r specifying the reasons for the retention of all or a portion of the
(� security deposit, accompanied by full payment of the difference
N between the security deposit and the amount retained, it shall be
m presumed that the landlord is willfully and without good cause
Z retaining the security deposit .
C 258. 8 Burden of Proof .
e In any court action brought by a tenant for the return of the
security deposit, the landlord shall bear the burden of proving
that the withholding of the security deposit, or any portion of it,
was justified.
258.9 Waiver of Provisions Void .
Any attempted waiver of the terms of this ordinance by a
landlord or tenant by contract or otherwise, shall be deemed to be
against public policy and shall be considered void and
unenforceable.
Section II . Severability.
In the event that any portion of this ordinance for any reason
be declaxed void and/or-' unenforceable, such finding shall not
effect the enforceability of the remaining sections of this
ordinance .
!��6ction III . Effective Date .
,' "Ifhe ordinance shall take Effect immediately and in accordance
with law upon publication of a notice as provided in the Ithaca
City Charter, provided however it shall only apply to rental
agreements entered into or renewed on or after November 1 , 1992 .
NEW BUSINESS•
*22 .3 Resolution Regarding CentralPro_cessing Facility
By Alderperson Schroeder : Seconded by .4lderperson Daley
WHEREAS, the proposed Tompkins County landfill at the DR-7 site in
the Town of Dryden may never be built, and
WHEREAS, the proposal to locate a landfill in Dryden was a crucial
element in the County' s decision to place a Central Processing
Facility ( for baling garbage and processing recyclables ) on
Commercial Avenue in the City, and
WHEREAS, the County' s current evaluation of alternatives to
constructing a landfill is causing fundamental changes to the
original scope and purpose of the Central Processing Facility
(recently renamed the Solid Waste and Resource Recovery Center) ,
and
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328
October 7 , 1992
WHEREAS, statements and findings in the Environmental Impact
Statement for the Central Processing Facility, which were used by
the Department of Environmental Conservation in its licensing
procedure, were based on underlying assumptions that may now be
partly or wholly invalid, and
WHEREAS, the County is now considering n5i.ng the Commercial Avenue
site as a garbage exchange point , where loads from smaller trucks
would be transferred loose into larger trucks for transport to an
out-of-county landfill, and
WHEREAS, this new operation (compared to the originally intended
garbage baling operation) would heighten the likelihood of loose,
blowing trash and of a major increase in truck traffic on an
already-congested highway, while decreasing the likely success of
any attempted mitigating measures, and
WHEREAS, both the County' s old and new proposed uses for the
Commercial Avenue site could have major negative environmental and
financial impacts on nearby motels , restaurants and , other
businesses, as well as on the' City ' s plans to use adjacent
Southwest Park for future residentia] , commercial , munic4,"� l or
recreational purposes; now, therefore, be it
RESOLVED, That the City requests the County:
( 1 ) To freeze all work on the proposed Solid Waste and Resource
Recovery Center on Commercial Avenue, just as it has frozen
all work on the proposed DR-7 landfill;
(2 ) To reconsider all aspects of its solid waste planning,
including whether -- under the cur.rent changed circumstances -
- it is logical, efficient or in the best interest of County
taxpayers to place a garbage transfer and recycling center in
a prime business district of the County Seat; and
(3 ) To provide adequate staff assistance to the Central Processing
Facility Neighborhood Advisory Committee .
Discussion followed on the floor .
It was the consensus of the Council that. Ttem #3 under the Resolved
clause be deleted from the resolution .
Amending Resolution
By Alderperson Blanchard: Seconded by Alderperson Booth
RESOLVED, That the sixth Whereas Clause read as follows :
"WHEREAS, there has not been sufficient environmental assessment of
the impact of the proposed new operation"
Carried Unanimously
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That in the seventh Whereas Clause, the word "both" , and
the words "old and" be deleted from the .first line.
Carried Unanimously
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That in #2 under the Resolved Clause, the words "in a
prime business district of the County Seat" be deleted and the
words "on the Commercial Avenue site" be inserted in their place.
Ayes ( 9 ) - Booth, Blanchard, Romanowski. , Efroymson, Daley,
Johnson, Golder, Hoffman, Berg
Nay ( 1 ) - Schroeder
Carried
12
329
October 7, 1992
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That the words "in a major City business district" be
inserted after the words "Commercial Avenue site" .
Ayes ( 5 ) - Schroeder, Daley, Romanowski, Johnson, Efroymson
Nays ( 6 ) - Berg, Golder, Booth, Hoffman, Blanchard, Mayor
Nichols
Motion Fails
Further discussion followed on the floor .
Amending Resolution
By Alderperson Hoffman : Seconded by Alderperson Booth
RESOLVED, That in #1 under the Resolved clause, the words "to
consider a freeze" . . . be added at the beginning of the sentence.
Mayor Nichols, for the record, stated that there has been a sincere
T. attempt on the part of the Solid Waste Administrator and others to
meet with City staff to discuss the whole site plan for this new
N facility, to take into account all the questions that we had about
m that, to try to give us as much input into this RFP process as they
could without disclosure of confidential information.
Z
Mayor Nichols stated that he does not think this has been entirely
confrontational recently. He thinks there has been an attempt to
allay our fears; that does not change the fact that there has not
been a willingness to say this is a mistake, let' s change it . He
thinks that is the point we are dealing with and he does not think
we should suggest that we are dealing with people who do not want
to discuss anything
Further discussion followed on the floor .
A vote on the amending resolution result-.ed as follows :
Ayes ( 3) - Hoffman, Booth, Golder
Nays (7 ) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Schroeder, Berg
Motion Fails
Main Motit.on as Amended -
A vote on the Main Motion as Amended resulted as follows :
Carried Unanimously
The l; `ain Motion as Amended shall read as follows:
WHERLAS, the proposed Tompkins-County landfill at the DR-7 site in
the Town of Dryden may never be built, and
WHEREAS, the proposal to locate a landfill in Dryden was a crucial
element in the County' s decision to place a Central Processing
Facility ( for baling garbage and processing recyclables ) on
Commercial Avenue in the City, and
WHEREAS, the County' s , current evaluation of alternatives to
constructing a landfill is causing fundamental changes to the
original scope and purpose of the Central Processing Facility
(recently renamed the Solid Waste and Resource Recovery Center) ,
and
WHEREAS, statements and findings in the Environmental Impact
Statement for the Central Processing Facility, which were used by
the Department of Environmental Conservation in its licensing
procedure, were based on underlying assumptions that may now be
partly or wholly invalid, and
13
330
October 7 , 1992
WHEREAS, the County is now considering using the Commercial Avenue
site as a garbage exchange point, where .loads from smaller trucks
would be transferred loose into larger. IT-ticks for transport to an
out-of-county landfill, and
WHEREAS, there has not been sufficient environmental assessment of
the impact of the proposed new operation; and
WHEREAS, the County' s new proposed uses for the Co.mmbrcial Avenue
site could have major negative environmental and financial impacts
on nearby motels, restaurants and other: businesses, as well as on
the City' s plans to use adjacent Southwest Park for future -
residential, commercial, municipal or recreational purposes; now,
therefore, be it
RESOLVED, That the City requests the County:
( 1 ) To freeze all work on the proposed Solid Waste and Resource
Recovery Center on Commercial Avenue, just as it has frozen
all work on the proposed DR-7 ,,landfill ;
(2 ) To reconsider all aspects of its solid waste •pla'iW* ing,
including whether -- under the current changed cirEUmstanoes -
- it is logical , efficient or in the best interest of County
taxpayers to place a garbage transfer and recycling center on
the Commercial Avenue site . �}..
Recess
Common Council recessed at 9 : 20 p.m. and reconvened in regular
session at 9 : 30 p.m.
HUMAN SERVICES COMMITTEE:
1993 Human Services Agency Funding Recommendations - Report
Alderperson Johnson reported that the Human Services Coalition,
after their lengthy review process had recommended that the funding
for the various human service agencies for 1993 be $165, 300 . 00 . He
stated that the Human Services Committee has voted 2-1 that the
committee recommend to the Mayor that the amount stand as
recommended by the Coalition .
Community Services Funding _ fCommunity _ Gardens, Cooperative
Extension) - Report
Alderperson Johnson reported that the Community Gardens and
Cooperative Extension came before the Council. Review Committee and
Human Services Committee again . The recommendation from both
Committees is that the City fund the Community Gardens for $800 and
Cooperative Extension for $4, 500 for 1993 .
Ethics- Report
Alderperson Johnson reported that the Committee is sending a
proposed ordinance that is based on the Town of Ithaca' s Ethics
Ordinance to the Charter and Ordinance Committee for drafting and
to be brought to Council .
Community Police Relations Steering _Committee - Report
Alderperson Johnson reported that the Steering Committee has all
the reports from the four various sub-committees and
recommendations have been made . The Steering Committee will be
meeting again on the 19th and a full report will be submitted to
Council . _ -
14
331
October 7, 1992
BUDGET AND ADMINISTRATION COMMITTEE:
*16. 1 Police Department__= __Request to Standardize on Computer
Equipment
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve the
standardization of Hewlett Packard Computer equipment for the
Police Department ' s main computer system, and
WHEREAS, a significant capital investment has been made in existing
software systems which were designed operate on said Hewlett
Packard Computer hardware; now, therefore, be it
RESOLVED, That pursuant to Section 103 , Subdivision 5 of the
General Municipal Law of the State of New York, this Common Council
hereby authorizes the standardization of Hewlett Packard Computer
hardware as the type of equipment to be used and purchased by the
City of Ithaca Police Department .
i— Carried Unanimously
N * 16.2 Police Department - Request to Authorize Computer System
m Upgrade Agreement
z By Alderperson Booth: Seconded by Al.decperson Berg
WHEREAS, the Police Department has recommended the acquisition of
C new Hewlett Packard Computer hardware in the interest of improving
rG record retrieval time, decreasing the cost of hardware and software
maintenance and increasing the overall capacity and capability of
their in-house computer system, and
WHEREAS, the upgrade of said computer system, inclusive of hardware
and software maintenance, can be accomplished by a lease purchase
agreement consistent with the level. of existing budgeted
_. appropriations; now, therefore, be it
RESOLVED, That the Chief of Police shall be authorized to enter
into a lease purchase agreement with the Hewlett Packard Corp. , for
the acquisition and maintenance of related computer hardware and
software for a period of five years at a monthly cost not to exceed
$2 , 000/month in 1993, subject to the review of the City Attorney
and the City Controller.
Carried Unanimously
* 16.3 DPW - Request to Transfer Funds
By Alderperson Booth: Seconded by Alder-person Berg
WHERE�S, 'certain highway and bridge projects have been held up due
to w,aher patterns during the summer months, and
WHEREAS, the Streets and Facilities Division has had an abnormally
high number of full' time employees off work due to compensation
claims, and
WHEREAS, Streets and Facilities needs t.o retain several seasonal
employees longer than budgeted in order to accomplish several
projects; now, therefore, be it
RESOLVED, That $12 , 000, be transferred from A20-5-5111-115 to
Account A20-5-5111-120 for the Highway account and $2, 391 be
transferred from A20-5-5120-115 to A20-- 5-5120-120 for the Bridge
account .
Carried Unanimously
15
332
October 7 , 1992
* 16.4 DPW - Request to Authorize_ Contract for Purchase of Buses
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca has submitted a request for a grant of
funds to the New York State Department of Transportation and the
United States Department of Transportation, pursuant to-7,�Section 18
of the Urban Mass Transportation Act of 1964 as amended, for a
project to purchase two ( 2 ) 24-foot passenger buses and related
equipment, and
WHEREAS, the project has been approved by the New York State
Department of Transportation and the Federal Government for Federal
and State financial assistance; now, therefore, be it
RESOLVED, That the Mayor be authorized to sign the Agreement
between the City of Ithaca and the State of New York for the above
named project, and be it further
RESOLVED, That the Mayor is authorized to pursue and complete the
above project, and be it further
RESOLVED, That the City of Ithac.a 'agrees to provide its share of
the project cost, which is estimated' to be $14, 000, accorcli�g to
the terms of said Agreement, and hereby. certifies the availa8 lity
of this amount for this purpose, and be it further
RESOLVED, That the City of Ithaca ' s actual project cost-,,,phall be
determined by the final project Audit, and shall be that which is
not reimbursed by Federal Section 18 and State Mass Transportation
funds, and be it further
RESOLVED, That the funds for said purchase be derived from Capital
Reserve #22 for Bus Acquisitions .
Carried Unanimously
* 16.5 Finance/Controller - Request to Transfer Funds for Payment
of Community Gardens 1991 Water Bill
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That $601 be transferred into account A1989 Miscellaneous
from account A1990 Unrestricted Contingency for the purpose of
paying the Community Gardens 1991 water bill, and be it further
RESOLVED, That City payment of future Community _Garden water bills
shall be requested by Project Growing Hope through an annual
application to the Human Services Committee for Human Services
funding.
Carried Unanimously
* 16.6 Youth Bureau/GIAC - Reauest_ to Amend 1992 GIAC Budget for
D.P.O.E. Program
By Alderperson Booth : Seconded by Alderperson Efroymson
WHEREAS, the GIAC Division of the Youth Bureau has received
approval from the New York State Division of Criminal Justice
Services for second year funding of the Discover Potential through
Opportunities Enrichment Program (D. P .O . E . ) ; now, therefore, be it
RESOLVED, That contingent upon the execution of said agreement with
the State Division for Youth and the receipt of said grant funds,
the Youth Bureau is requesting that the 1992 General Fund Budget be
amended as follows :
16
333
October 7, 1992
Increase Appropriation Accounts :
A7311-110 Personnel Services $8,915
A7311-435 $4, 750
A7311-440 $ 200
A7311-460 $1 , 170
A7311-445 $ 150
A9000 Applicable Benefit Lines $2, 675
Total $17 , 860
Increase Revenue Account :
A3820 State Aid for Youth Services $17 , 860
Carried Unanimously
* 16.7 GIAC - Request to Amend_1992_GIAC Budget, Personnel Roster
i— and Hire Youth Worker
By Alderperson Booth : Seconded by Alderperson Efroymson
N WHEREAS, the extension of the Discover Potential through
m Opportunities Enrichment (D.P .O.E . ) necessitates a realignment of
responsibilities within existing staff at the Youth Bureau; now,
z therefore, be it
RESOLVED, That the roster be amended as follows :
Delete: One Youth Development. Program Leader
Add One Youth Program Coordinator and fill a Youth Worker
position if its current occupant becomes a Youth
Program Coordinator
and be it further
RESOLVED, That this position is established on a temporary basis,
contingent upon the continuation of said grant agreement with the
State Division for Youth .
Carried Unanimously
* 16.8 Youth Bureau - Request to Amend 1992. Youth Bureau Budget
and Roster
By Alderperson Booth : Seconded by Alderperson Johnson
WHEREAS,- the GIAC Division of the Youth Bureau has received
confirmation of the receipt of grant funds in the amount of $25, 000
from'4tffe Office of Housing and Urban Development and $15, 000 from
the $e'fi and Jerry' s Foundation, to provide a Youth Enterprise
Proj'kt during 1992 and 1993 for young adults; now, therefore, be
it
RESOLVED, That the 1992 Youth Bureau/GIAC Budget be amended to
reflect the current year activity of said project as follows :
Increase Appropriations :
A7311-120 Part-time and Seasonal $1 , 127
A7311-435 Contracts $4, 233
A7311-445 Program Travel $ 500
A73,11`-460 Program Supplies $ 300
Increase Revenue:
,k,2070 Contribution for Youth $2 , 310
A4820 Youth Programs $3, 850
and be it further
17
334
October 7 , 1992
RESOLVED, That the roster for the Youth Bureau be hereby amended by
adding one temporary 20 hour per week Youth Worker position for the
duration of this Grant Program.
Carried Unanimously
*16.9 Planning Department.----- Request to Au_th_ orizeAgreement for
Engineering Services for Parking Garages
By Alderperson Booth : Seconded by Alderperson Daley
WHEREAS, the Downtown Parking Garage Committee has proposed that
the city investigate the establishment of a city wide parking
benefit assessment district, and
WHEREAS, in addition to the regular operating and maintenance
expenses associated with all of the city' s off street parking
facilities, a capital reserve account for major repairs should be
established as part of the total cost of maintaining the city' s
parking system, and
WHEREAS, the Downtown Parking Garage Committee has received a
proposal from Novelli & Co. , consulting engineers , to evaluate the
existing parking structures in terfns of construction, maintenance
requirements, future capital repair and construction regizi'epents
expressed in a detailed future maintenance and capital .repa`i 'cost
schedule, and
WHEREAS, these conclusions may be part of the estimated total
revenue requirements for parking which may be raised in part by a
benefit assessment district, and
WHEREAS, the Parking Committee recommends that Novelli & Co. be
retained to perform this analysis; now, therefore, be it
RESOLVED, That Novelli & Co. be retained to perform the scope of
services outlined in its August 27 proposal at a cost not to exceed
$5, 200, and that the Mayor be authorized to execute the necessary
contract documents upon the recommendation of the City Attorney and
Superintendent of Public Works .
Discussion followed on the floor .
A vote on the resolution resulted as follows :
Ayes (7 ) - Booth, Johnson, Berg, Schroeder, Blanchard, Daley,
Romanowski
Nays ( 3) - Golder, Hoffman, Efroymson
Carried
* 16.10 DPW - Request to Appoint Water and Sewer Principal Account
Clerk
By Alderperson Booth: Seconded Alderperson Hoffman
WHEREAS, the position of Principal Account. Clerk has been approved
by the Vacancy Review Committee, and
WHEREAS, the interviews and reference cheeks have been completed by
staff; now, therefore, be it
RESOLVED, That the Common Council approves the provisional
appointment of Joanne Phillips as Principal Account Clerk at an
annual salary of $18, 837 ( Step 4 ) which is commensurate with the
candidate' s education and experience.
Ayes ( 8 ) - Booth, Hoffman, Efroymson, Daley, Blanchard,
Romanowski, Schroeder, Berg
Nays (2 ) - Golder, Johnson
Carried
18
335
October 7, 1992
* 16. 11 Youth Bureau - Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Hoffman
WHEREAS, the Youth Bureau Director has recommended Youth
Development Program Coordinator Alan Green for an employee
incentive award pursuant to the terms of the CSEA Administrative
Unit Contract, and
WHEREAS, the Youth Bureau Director has provided the Budget and
Administration Committee with substantial justification for
granting this employee incentive award, and
WHEREAS, the Youth Bureau Director' s recommendation complies with
procedures and guidelines outlined in the CSEA Administrative Unit
Contract; now, therefore, be it
RESOLVED, That Alan Green ' s salary be increased by four ( 4% )
percent to an annual salary of $31 , 671 . , effective September 17 ,
1992 , and be it further
T
(� RESOLVED, That the funding for such increase shall be derived from
N the Unrestricted Contingency account .
m Discussion followed on the floor .
Z
C A vote on the resolution resulted as follows :
G
Ayes ( 6 ) - Booth, Hoffman, Schroeder-, Berg, Romanowski,
Daley
Nays (4) - Golder, Johnson, Efroymson, Blanchard
Carried
All Council members voting in the negative indicated that they
recognize the merit of the individual .
* 16. 12 Finance/Chamberlain _-_ Request City_to Purchase Tax Sale
Liens -
By Alderperson Booth: Seconded by Alderperson Romanowski
RESOLVED, that pursuant to Ithaca City Charter, Section C-44(E) ,
the City Chamberlain is hereby authorized and directed on behalf of
the City of Ithaca to purchase all lands except for Tax Parcel
Number 69 . -1-8 (the Strand Theater) at Lhe 1992 City Tax Sale,
without :eompetitive bidding, for the gross amount due.
Carried Unanimously
* 16. 13 Finance/Controller - Bond Resolution for State Retirement
By A166tperson Booth : Seconded by Alderperson Johnson
BOND "kESOLUTION DATED OCTOBER 7; 1992 .
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1, 575,000 SERIAL BONDS OF
THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF
AMORTIZED AMOUNTS OUTSTANDING FOR RETIREMENT CONTRIBUTIONS OF SAID
CITY.
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 the
cost of amortized amounts outstanding f_oi_ retirement contributions
of the City of Ithaca, Tompkins County, New york, pursuant to
Sections 17-a and 317-a of the Reti.remenk and Social Security Law,
there are hereby authorized to be issued 1 , 575, 000 serial bonds of
the City o,,f. Ithaca, Tompkins County, New York, pursuant to the
provisions'of the Local Finance Law.
19
336
October 7, 1992
Section 2 . It is hereby determined that the maximum estimated
cost of the aforesaid specific object or purpose is $1 , 575, 000 and
that the plan for the financing thereof i-s by the issuance of the
$1 , 575, 000 serial bonds of said City authorized to be issued
pursuant to the provisions of this resolution .
Section 3 . It is hereby det:eTmined that the period of
p robable usefulness of the aforesaid specific object or purpose is
fourteen years, pursuant to subdivision 85 of paragraph a of
Section 11 . 00 of the Local Finance Law.
Section 4 . Subject to the prow-i. siops 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 Iir 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 bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed in
the name of the City of Ithaca, Tompkins County, New York, by the
manual or facsimile signature of ;the City Controller and a
facsimile of its corporate seal shall be imprinted and attested by
the manual or facsimile signature of the City Clerk.
Section 7 . The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller- applicable to the sale of
municipal bonds . The receipt of the City Controller shall be a
full acquittance to the purchase of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section S. All other matters, except as provided herein
relating to such bonds, including pr'escr'ibing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for the recording of ownership of said bonds , appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a fiscal
agent or of a designated official. of the City) , the date,
denomination, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not to
impose and collect from registered owners of such serial bonds any
charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70 . 00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent . Such bonds
20
337
October 7 , 1992
shall contain substantially the rec:.i.tal of validity clause
provided for in section 52 . 00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals in addition to
those required by section 52 .00 of the Local Finance Law, as the
City Controller shall determine.
I
Section 9. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section 1 . 103
-
18(f) . Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10. 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
T
(� 2 ) The provisions of law which should be complied with at
the date of publication of this resolution are not
j substantially complied with,
z and an action, suit or proceeding coiii_esting such validity is
C commenced within twenty days after the date of such publication, or
G 3 ) Such obligations are authorized in violation of the
provisions of the Constitution .
{ Section 11 . 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. .
City Controller Cafferillo explained the Bond Resolution.
The foregoing resolution was put to a roll call vote which
resulted as follows :
Blanchard - Aye Romanowski Aye
Efro:ymson - Aye Daley - Aye
Johnson - Aye Booth - Aye
Schroeder - Aye Golder - Aye
Hoffman - Aye Berg - Aye
Ayes.' ( 10)
Carried Unanimously
* 16. 14 Audit
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the bills presented, as listed on Audit Abstract
#16/1992 in the total amount of $29 , 631 . 90 be approved for payment.
Carried Unanimously
* 16. 15 Deputy Police (thief Appointment
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Chief of Police has appointed Captain David P. Barnes
on a provisional basis to the position of Deputy Chief of Police,
effective October 19 , 1992 , and
WHEREAS, the Chief of Police has recommended that the annual salary
for said position be established at $54 , 260 . 00; now, therefore, be
it
21
i
338
October 7 , 1992
RESOLVED, That Common Council hereby approves the provisional
salary of $54, 260 . 00 for said appointinerit-., within existing Police
Department budgeted appropriations .
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
* 17 . 1 Curfew (Peace and Good Order Ord inanc J__- Resolution to
Extend Ordinance from 90 Days to 120 Days
By Alderperson Hoffman : Seconded by Alderperson R.omanowski
WHEREAS, on August 5, 1992 , Council amended Chapter 250 of the
Municipal Code entitled "Peace and Good Order" by adding a section
known and designated as Section 250--9 " entitled "Curfew" and -"
provided that the ordinance would take effect immediately in
accordance with law upon publication and notice as provided in the
Ithaca City Charter, provided however that unless extended the
provisions of this ordinance would automatically terminate in
ninety days after the ordinance became effective; and
WHEREAS, the Charter and Ordinance Committee of Common Council has
begun consideration of whether or not this Section should remain in
the Municipal Code and, if so, how-''it should be amended; and"
WHEREAS, the Charter and Ordinance Committee has decided �!If&t as
part of its decision-making process , it. should a hold "a public
hearing on the subject; and
WHEREAS, the Charter and Ordinance Commiftee does not believe that
it will be able to complete the fact finding and make a
recommendation to the full Council by the November 1992 Council
meeting;
NOW THEREFORE, in order to give the Charter and Ordinance Committee
additional time to consider the above matter in the period of time
which must elapse before the ordinance automatically expires it is
extended from ninety days to one-hundred and eighty days ( 180) days
after the ordinance became effective .
Ayes ( 8 ) - Hoffman, Johnson, Golder, Berg, Booth, Daley,
Romanowski, Blanchard
Nays (2 ) - Schroeder, Efroymson
Carried
Alderperson Golder, for the record, stated that he is against a
curfew, but he voted in favor of the resolution because it will
bring it into public discussion .
* 17 .2 Ordinance Amending Subdivision C of Section 325-9
(Satellite Dishes and Towers) - Call for Public Hearing
By Alderperson Hoffman : Seconded by Alderperson Berg
AN ORDINANCE AMENDING SUBDIVISION C OF SECTION 325-9 OF CHAPTER 325
ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE
BE AND IT HEREBY IS INTRODUCED before the Common Council of
the City of Ithaca, New York, and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid Ordinance to be held at
the Common Council Chambers, City Hall at 1.08 East Green Street in
the City of Ithaca, New York on Wednesday, November 4, 1992 , at
7 : 00 P.M. of that day, and be it further
RESOLVED, That the City Clerk shall give notice of public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
Ordinance. Such notice shall be publ -shed once at least fifteen
( 15 ) days prior to the public hearing, and be it further
22
339
October 7, 1992
RESOLVED, That the City Clerk shall i.ransmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed zoning ordinance for its report thereon.
Carried Unanimously
Following is the Ordinance to be considered:
ORDINANCE AMENDING SUBDIVISION C OF SECTION 325-9 OF CHAPTER 325
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 SUBDIVISION C OF SECTION 325-9 .
That subdivision C( 1 ) (k) of Section 325-9 is hereby amended to
read as follows :
.r "C( 1 ) . . .uses . . . which require a special permit . . .
N (k) In any district, towers or structures for the
m transmission or receipt of radio or other electronic communications
signals [ in any district for commercial or business related
5z purposes ] , unless :
L i . The towers or structures are antennas or satellite dishes
with a maximum dimension of _ six (_6_) feet or_ less, and
-ii . Such antennas or satellite dishes are not in a front
yard, and
iii. The maximum height j t__op_-to__bottom — of such antenna or
satellite dish, when combined with _attached_mounting supports, is
10 (ten) feet or less , and
iv. Such antennas or satellite dishes,_ if they are to be
located where they would ordinarily- be Visible from a public way
adjoining the property, are subject___to..._the_-following conditions :
(a) If in a residential zone, they shall be screened
from such view.
(b) If in a non-residential zone,,__.they shall be
screened from such _view or be of a color and/or in a
location that will minimize their visual impact .
SECTION 2 . EFFECTIVE DATE .
This Ordinance shall take effect i_nuned.iately and in accordance
with laws upon publication of a notice as provided in the Ithaca
City Charter.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Romanowski
RESOLVED, That (a) ar+d (b) shall read as follows :
" (a) If they are in a residential zone or in a lot that abuts
a lot in a residential zone, they will be screened from such view.
(b) If they are in a non-residential zone other than that
which abuts a property which is in a residential zone, etc . . . "
Discussion—followed on the amending resolution.
City Attorney Guttman suggested the following wording for (a) and
(b) :
23
340
October 7, 1992
" (a) If in a residential zone, or on a lot abutting or across
a street or waterway from a residential zone, they shall
be screened from such view.
(b) In all other locations , they shall be screened from such
view or be of a color and/or in a location that will
minimize their visual impact . "
Alderperson Daley accepted City Attorney Guttman' s wording.
A vote on the amending resolution with City Attorney Guttman ' s
wording resulted as follows : �.
Carried Unanimously
Amending Resolution
By Alderperson Booth : Seconded by Alderperson Johnson
RESOLVED, That in C(k) i, the words "six ( 6 ) feet" be changed to
read "three ( 3 ) feet" .
Ayes ( 1 ) - Booth
Nays ( 9 ) - Johnson, Blanchard, Romanowski, Daley, froymson,
Schroeder, Golder, Hoffman, Berg
Motion Fails
Main Motion as Amended
A vote on the Main Motion as Amended r.esiilted as follows:'
Ayes (9 ) - Hoffman, Berg, Golder, Schroeder, Johnson, Daley,
Efroymson, Romanowski, Blanchard
Nay ( 1 ) - Booth
Carried
* 17 .3 ACC Resolution - Call for Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Berg:
WHEREAS, the City has reason to believe that American Community _ .
Cablevision (ACC) has defaulted in the performance of certain
provisions of the franchise existing between the City and ACC; and
WHEREAS, the City has notified ACC in writing of the provisions
which the City believes may be in default.; and
WHEREAS, ACC has responded to the City in writing contesting the
City' s assertion of default; and
WHEREAS, the City still has reason to believe that ACC may be in
default in the performance of certain provisions of the franchise
which defaults have not been cured; and
WHEREAS, the franchise agreement provides that in such event the
City shall convene a public hearing, on reasonable notice, at which
hearing ACC may be heard and afterwards the City shall specify
their complaints against ACC; now, therefore, be it
RESOLVED, That a public hearing shall be held at the Charter and
Ordinance Committee Meeting of this Common Council at 7 : 30 p.m. on
December 10, 1992 , and be it further
RESOLVED, That the City Clerk shall provide appropriate notice as
required by the franchise agreement .
Carried Unanimously
* 17 .4 An Ordinance Amending _ Chapter_ 179 Entitled "Fill,
Excavation and Stockpiling"
By Alderperson Hoffman: Seconded by Alderperson Blanchard
An ordinance to amend the Municipal Code of the City of Ithaca
by amending Chapter 179 entitled "Fill, Excavation and
Stockpiling" .
24
341
October 7, 1992
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows :
SECTION I . The Municipal Code ()f. the City of Ithaca is
hereby amending Section 179-4 to read as follows :
"Section 179-4 . The Board of Public Works shall not be
required to obtain a permit pursuant. P.o this Ordinance for the
deposit or removal of fill, but shall ensure that in connection
with every project of the Department of Public Works in which more
than fifty (50 ) cubic yards of fill are deposited on or removed
from any parcel that the project is designed and carried out in a
manner which promotes and protects the objectives and policies
behind this Ordinance . "
SECTION 2 . The Municipal Code of the City of Ithaca is
hereby amended by amending Section 179-20 to read as follows :
�-- "Section 179-9 . No person shall. deposit on any parcel more
(� than fifty (50) cubic yards of fill or other materials for sale or
(V resale, except in connection with a public work on the property,
m without a permit to be granted by the Building Commissioner . The
Board of Public Works shall not be required to obtain a permit
z pursuant to this ordinance for the deposit of fill or other
C materials for sale or resale, but shall insure that in connection
G with every project of the Department of Public Works in which more
than fifty (50 ) cubic yards of fill or other materials are
deposited for sale or resale, that the project is designed and
carried out in a manner which promotes and protects the objectives
and policies behind this Ordinance . "
SECTION 3 . This Ordinance shall take effect immediately
and in accordance with law upon publication of notice as provided
in Ithaca City Charter.
Carried Unanimously
* 17 . 5 Local Law No. --- of 1992 AmendingSection C-73 Entitled
"Sidewalk Assessments" in the Charter of the City of Ithaca
By Alderperson Hoffman : Seconded by Alderperson Berg
Local Law
of the Year 1992
City of Ithaca
Ldca1 Law amending Section C-73 of the Charter of the City
of Ithaca
BE IT ENACTED by the Common Council of City of Ithaca, New
York as follows :
SECTION 1. Amending Section C-73 entitled "Sidewalks" of
the Charter of the City of Ithaca .
Section C-73(D) ( 2 ) of the Ithaca City Charter is hereby
amended to read as fgl.lows :
,
" (2 ) Collection of expense . Any expense incurred by the Board
pursuant to the provisions of Subsections A and C shall
be ,collected in the following manner : The Superintendent
of Public Works shall report to the Board the expense
incurred in behalf of each owner . The Board thereupon
shall review the same and, if found to be correct, shall
,so certify to the Superintendent of Public Works, who
shall forthwith mail to the owner at the address
appearing upon the tax roll. a notice of assessment,
stating the date the expense was incurred, the nature
thereof and the cost, together with a penalty of twenty-
five percent ( 25% ) thereon . The owner may protest such
25
342
October 7, 1992
assessment within thirty ( 30 ) days of the date of such
notice either by personal appearance at a regular meeting
of the Board or by a written protest filed with the
Superintendent of Public Works . The Board shall
thereupon review such assessment and make such adjustment
thereon as it may determine just and equitable, whereupon
such assessment shall become f i_nal . The Board shall upon
finalizing such assessments, request Common Council to
direct the City Chamberlain to collect such assessments
under such terms and conditions as Council may
determine. "
SECTION 2 . Section C-73 (D( 3 ) of the A thaca City Charter is
hereby amended to read as follows :
" ( 3 ) Not later than the first day of December in each year,
the Chamberlain shall certify to the Common Council the
amount of each assessment or annual installment payment
as authorized in the original assessment warrant,
including accrued interest, remaining unpaid at the end
of October, and the Common Council shall thereupon direct
the inclusion thereof in the City Tax for the next, ear,
to be collected in the same manner and subject -W'
ubject - �c5 the
same penalties and procedures as the ' City Tax.
SECTION 3 . Effective date. ,.
This local law shall take effect immediately after filing in
the Office of the Secretary of State .
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
* 18.1 An Ordinance Amending Home Occupation Definitions and
Special Permit Requirements of Chapter 325 Entitled "Zoning" of the
City of Ithaca Municipal Code _- Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Blanchard
AN ORDINANCE AMENDING SECTION 325-3, SUBDIVISION C. (1) (j ) OF
SECTION 325-9 AND SUBDIVISION A OF SECTION 325-8 OF CHAPTER 325
ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE - CALL FOR
PUBLIC HEARING
RESOLVED, that Ordinance No . entitled "An Ordinance Amending
Section 325-3, and Subdivisions C . ( 1 ) ( j ) of Section 325-9 and
Subdivision A of Section 325-8 of Chapter 325 entitled ' Zoning' of
the City of Ithaca Municipal Code" is hereby introduced before
Common Council of the City of Ithaca, New York; and be it further
RESOLVED, that the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid ordinance to be held at
the Common Council Chambers, City Hall , at 108 East Green Street in
the City of Ithaca, New York on Wednesday, November 4, 1992 at 7 : 00
P .M, and be it further
RESOLVED, that the City Clerk shall give notice of public hearing
by the publication of a notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
( 15 ) days prior to the public hearing, and be it further
RESOLVED, that the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
Board true and exact copies of the proposed zoning ordinance for
their reports thereon.
Carried Unanimously
Alderperson Schroeder explained the proposed ordinance.
26
343
October 7, 1992
I' Following is the Ordinance that is to be considered:
AN ORDINANCE AMENDING HOME OCCUPATION DEFINITIONS AND SPECIAL
PERMIT REQUIREMENTS OF CHAPTER 325 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 THE HOME OCCUPATION DEFINITION OF SECTION 325-3
That the home occupation definition of Section 325-3 is hereby
amended to read as follows :
HOME OCCUPATION:
( 1 ) A subordinate use of a nonresidential nature which is
conducted within a dwelling unit or a building accessory thereto by
T an occupant of the dwelling unit, which is clearly incidental and
accessory or secondary to the use of the property for residential
N purposes and which meets the following additional conditions :
m (a) The occupation or activity is carried on wholly within
z the principal building or within a building or other structure
accessory thereto or the occupation _ or activity is the
administration or management_ofa_bus iness_ that has no impact on
the surrounding neighborhood other than that permitted by the
following criteria . (See the definition of "accessory building. " )
(b) Not more than two ( 2 ) persons who are not residents of
[outside] the [ resident] household are employed or participate in
the occupation at the residence .
(c) There are no exterior displays or signs except as
permitted under Chapter 272, Signs, of this Code[ , ]_ [no exterior
storage of materials and no other exterior indication of the "home
occupation" or variation from the residential character of the lot
or of the surrounding neighborhood. ]
(d) No offensive odor, noise, vibration, smoke, dust, heat or
glare is produced. ( See Sec . 325-23 of this chapter. )
(e) The "home occupation" does not generate traffic in any
greater volume than would normally be expected in [a] the affected
residential.neighborhood, and any need for parking generated by the
occuj�$t:ion is met, off the 'street and in accordance with the
regul'at'ions of Section 325-20 of - this chapter .
( f) The occupation occupies._nomore than_ 25% of the dwelling
unit nor more than 500 square__feet including_ accessory structures .
(g) There is no exterior storage of materials , nor in an R1
zone more than a single marked or signed._vehicle used by or
advertising the occupation are not _stored in buildings ,
similarly no more thap two such vehi_cles in R2 zones , and in R3 and
in all other zones no more than three such vehicles . There is no
other exterior indication of the "home or variation
from the residential character of the lot or of the surrounding
neighborhood
( 2 ) In particular, a "home occupation" includes but is not
limited to the following: an art studio, dressmaking, teaching
[ (with musical instruction limited to a single pupil at a time) ]
and the professional office of a lawyer, engineer, architect, real
estate broker or insurance agent within a dwelling occupied by the
27
344
October 7 , 1992
same . Home occupations include the use of space in the home for
business record keeping, storage of_ goods used or sold by the
occupation, or parking vehicles used in the occupation even if the
occupation primarily conducts business off premises .
SECTION 2 . AMENDING THE SUBDIVISION C OF SECTION 325-9
That subdivision C. ( 1 ) ( j ) of Section 325-9 is hereby amended to
read as follows :
( j ) Home occupations in all R1 and R2. districts require a
special permit unless the home occupat_ io_n_--,meets all the following
criteria:
_( 1) the occupation does not carry_a stock of merchandise
or store materials for -resale or use in the occupation,
except a reasonable supply__of office supplies customarily
incidental to a small office.
(2 ) the occupation does, upt_ create_ traffic or need for
parking beyond that which is customarily incident' l to
the residential use of the ' oerty_. Factors that -&r'e not
to be considered incidental to residential us'6` are
regularly scheduled events such as deliveries, c-lient or
customer visits, or similar events .
( 3 ) the occupation requires . or performs no exterior
alterations nor maintains an exterior display visible
from outside the _residence_ except a name plate as
permitted by municipal code_ chapter 272 , including
vehicles with signage marked outside of buildings .
(4) the occupation does not create any noise, vibration,
smoke, dust, or objectionable effects not customarily
incidental and accessory__to__the_. residential use of the
property.
SECTION 3 . AMENDING THE SUBDIVISION A OF SECTION 325-8
That zoning chart provided for in subdivision A. of Section 325-9
is hereby amended to read as follows :
R1 zones add in column 3 a new item numbered 8 . to read as follows :
8 . Home Occupations : Special-__permits _are required in certain
situations (see section 325-9 .C�jlj_)_ and_ section 325-3 )
R2 zones delete from column 3 item ( 2 . BY SPECIAL PERMIT. . .Home
Occupation see definition. . . ]
SECTION 4. EFFECTIVE DATE.
This ordinance shall take effect immediately and in accordance with
laws upon publication of a notice as provided in the Ithaca City
Charter.
* 18.2 Support for Reuse of Emerson Electric Building #24
By Alderperson Schroeder: Seconded by Al.derperson Blanchard
WHEREAS, Emerson Electric Building #24 , located on South Hill in
the City of Ithaca has been vacant since 1986, and -
WHEREAS, the Building is in good condition and contains over
100, 000 sq. ft. of space, and
WHEREAS, Emerson, the owners, have expressed an interest in working
with the community in redeveloping the building, and
28
3�{5
October 7 , 1992
WHEREAS, the redevelopment of the building is an important economic
development goal of the City and could generate considerable
employment opportunities and tax revenues for the community, and
WHEREAS, Tompkins County Area Development Corporation, Inc . and
Cornell University' s Real Estate Department have and are prepared
to continue to invest substantial time and resources in an attempt
to redevelop the building to be used as permitted under existing
zoning, now, therefore, be it
RESOLVED, That the City of Ithaca does hereby express its continued
support in principle for the reuse of Emerson Electric Building #24
under existing zoning and does hereby express its appreciation to
Tompkins County Area Development Corporation and Cornell University
Real Estate Department for their willingness to work with the City
on this important project.
Carried Unanimously
Substitute Parkland for Inlet Island Alienation/Conversion - Report
Alderperson Schroeder reported that the committee had a discussion
and presentation from Doug Foster of potential substitute park
land. He stated that the areas in general that are being
m investigated currently by staff are the recommendations from the
(o Inlet Island report along the Cayuga Inlet and an additional parcel
Q of land just south of the City line, not far from Route 13,
that would be an alternate route for the Cayuga Inlet trail which
would allow it to go under Route 13 at the place where the existing
railroad bridge passes under Route 13 .
Alderperson Schroeder further reported that another possibility
which came up recently in the second tier, is Ithaca Falls . Cornell
University has expressed some interest to the City in relinquishing
their ownership of Ithaca Falls and selling it to the City, perhaps
for a nominal price.
Alderperson Schroeder stated that the third possibility, and this
would only be used if additional value is needed, is parcels in the
Six Mile Creek Watershed area. Staff is currently investigating
potential boundaries for these various areas of park land and once
these are refined there will be a proposal going to the Budget and
Administration Committee for an appraisal of the Inlet Island land
that is-suggested for alienation and conversion and also an
appraisal of the potential substitute park land parcels so that we
can have a package of land values that match, to meet Federal
requj ements so that a Bill can go to the New York Legislature in
Janu' Y.
INTERGOVERNMENTAL RELATIONS COMMITTEE
* 19. 1 An Ordinance to Amend Chapter 196 of the Municipal Code of
the City of Ithaca Entitled "Garbage, Rubbish and Refuse"
By Alderperson Hoffman: Seconded by Alderperson Johnson
AN ORDINANCE TO AMEND CHAPTER 196 OF THE MUNICIPAL CODE OF THE CITY
OF ITHACA, ENTITLED "GARBAGE, RUBBISH AND REFUSE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows :
SECTION 1 . The Municipal Code of the City of Ithaca is hereby
amended to read as follows :
Chapter 196
GARBAGE, RUBBISH AND REFUSE
§ 196- 1. Definitions.
§ 196- 2 . Collection.
§ 196- 3 . Preparation and placement at curb.
§ 196- 4. Removal of empty containers.
§ 196- 5. Removal of uncollected materials.
29
October 7 , 1992
§ 196- 6. Noncompliance; special service charges.
§ 196- 7 . Primary Commons .
§ 196- 8. Collection or removal of recyclables.
§ 196- 9. Private waste haulers.
§ 196-10. Containers for recyclable materials.
§ 196-11 . Additional regulations.
§ 196- 1. Definitions.
For the purposes of this chapter, 1-he following terms shall
have the meanings stated in this section :
BOARD - The Board of Public Works . '
BRUSH - Tree branches not exceeding two (2 ) inches in
diameter, twigs and shrub and hedge clippings .
BULK ITEMS - Large items and materials, including furniture
(other than aluminum yard furniture) , house furnishings and
large appliances, such as refrigerators, stoves, wa,�shing
machines and clothes dryers .
COLLECTIBLE YARD WASTES - Grass , leaves and waste plant and
dirt materials from vegetable and flow gardens; lawns and
yards; and brush.
COUNTY - The County of Tompkins .
DEPARTMENT - The Department of Public Works .
INDUSTRIAL WASTE - Chemical waste generated by any industrial
process or operation .
PERSON - One ( 1 ) or more individuals; any partnership,
corporation, firm, association, trust, estate or governmental
entity; or any other entity whatsoever .
PRIMARY COMMONS - That area of public property between the
south building lines on the north side and the north building
lines on the south side of the former bed and associated
sidewalks of East State Street between the east line of Cayuga
Street and the west line of Aurora Street and that area of
public property between the west building lines on the east
side and the east building lines on the west side of the
former bed and associated sidewalks of North Tioga Street
between the north line of State Street and the south line of
Seneca Street .
RECYCLABLE MATERIALS OR RECYCLABLES - These include materials
defined as recyclable materials or recyclables pursuant to
County law #8 of the year 1992 .
REFUSE - The rubbish, recyclable materials and collectible
yard wastes resulting from the normal day-to-day operation of
a household. "Refuse" may be generated by a household, a
business establishment or a public or quasi-public facility.
"Refuse" does not include rubble, bulk items, industrial
waste, automobile or other motor vehicle tires or any other
material not covered under this definition.
RUBBISH -
A. Includes :
( 1 ) Food wastes, including but not limited to table
cleaning; fruit, vegetable and animal matter
30
October 7, 1992
parings and scraps; decaying or spoiled vegetable,
animal and fruit matter; and fallen fruit .
(2 ) Any paper, plastic, cardboard or other material
used to wrap, cover or contain food, other than
certain materials defined in this section as
"recyclable materials, " and any other household
waste resulting from the use, consumption and
preparation of food.
( 3 ) Any other waste materials other than those
materials defined as recyclables such as plastic,
metal , rags, drugs, health aids and materials,
sweepings, excelsior, rubber, leather, cloth,
clothing, waste materials from normal maintenance
and repair activities , pasteboard, crockery,
shells, dirt, filth, ashes, wood, glass and brick .
B. "Rubbish" does not include recyclable materials as
LD 00 include in this section . However, "rubbish" shall
include recyclable materials which cannot be recycled
because of secondary household use .
OD RUBBLE - Waste material typically resulting from construction,
m demolition and major renovation activities, including but not
Q limited to waste cement, concrete, masonry, bricks, tiles,
sheetrock, plaster, shingles, ] umber, telephone poles,
railroad tiles, wooden pallets, doors and door frames, windows
and window frames and any similar material .
SECONDARY HOUSEHOLD USE - A household use which contaminates
recyclable materials, making them unsuitable for recycling.
SUPERINTENDENT - The Superintendent; of Public Works .
§ 196- 2 . Collection.
A. The Department is authorized to collect on a regular
basis those waste materials that constitute refuse,
namely rubbish, recyclable materials and collectible yard
wastes .
B. The Department is also authorized to collect any
additional waste materials that the Superintendent may
announce will be collected on particular days or during
particular time periods . These additional waste
materials may include, - for example, bulk items, trees,
tree stumps and large branches . The Department is
authorized to collect any such additional waste materials
on the days or during the time periods announced by the
Superintendent.
C. The Department shall not be responsible for collecting
any waste materials that have been placed or prepared in
ways that coo not comply with all the provisions of this
chapter. In particular, the Department shall not be
responsible for collecting waste materials in which
recyclable materials are m.lxed together and other
materials or in which recyclable materials have not been
placed or prepared in accord with this chapter.
§ 196- 3 . Preparation and placement at curb.
A. No person shall place any waste materials at or near any
curb, sidewalk or street for purposes of collection by
the Department other than the following:
( 1 ) Refuse .
31
348
October 7, 1992
(2 ) On particular days or during particular time
periods, any other waste material that the
Superintendent has announced the Department will
collect at those times .
B. No person shall place any rubbish at or near any curb,
sidewalk or street for purposes of collection by the
Department unless that person complies with one ( 1 ) or
both of the following requirements :
( 1 ) Each person shall provide and utilize separate
containers for disposal Qf rubbish . Any such
containers shall be made of metal, plastic or other
suitable material , shall have tight-fitting covers,
shall have handles on the top and sides and shall
be shaped so that all materials flow freely when
the container is dumped . No such container shall
exceed thirty-two ( 32 ) gallons in capacity; and,
when filled, no such container shall weight more
than one hundred ( 10,,0 ) pounds .
(2 ) Each person shall provide and utilize d'is ? able
plastic bags for disposal of rubbish . Any. sAh bag
shall be at least one and five-tenths ( 1Y5 ) mils
thick and sufficiently strong to contain the
materials enclosed . When filled, each -such bag
shall be securely tied and shall weigh no more than
fifty ( 50 ) pounds .
C. No person shall place any collectible yard wastes at or
near any curb, sidewalk or street for purposes of
collection by the Department unless that person complies
with the following requirements :
( 1 ) For purposes of disposing of collectible yard waste
other than brush, each person shall provide and
utilize containers that meet the requirements of
Subsection B( 1 ) of this section and/or plastic bags
that meet the requirements of Subsection B( 2 ) of
this section .
(2 ) Each person shall securely tie brush in bundles,
with no individual bundle exceeding forty-eight
(48) inches in length or fifty (50 ) pounds in
weight . No person shall put out more than two (2 )
such bundles of brush for any one ( 1 ) collection by
the Department .
D. No person shall place any recyclable materials at or near
any curb, sidewalk or street for purposes of collection
by the Department unless that person separates the
recyclable materials and prepares and places them at or
near the curb, sidewalk or street in a manner consistent
with that required by County and State rules and
regulations .
E. When the Superintendent has announced that waste
materials other than refuse will be collected on
particular days or during particular periods, any person
placing any waste other than refuse at or near any curb, --
sidewalk or street for purposes of collection by the
Department shall comply with the following:
( 1 ) The waste material shall be of the type announced
by the Superintendent .
(2 ) The waste material shall be placed for collection
at the times specified by the Superintendent .
32
349
October 7, 1992
( 3 ) The waste material shall be collected, bound,
contained, placed or otherwise treated in the
manner specified by the SLiperintendent .
F. Refuse, as well as any other waste material the
Superintendent announces will be collected, shall be
placed for collection by the Department at or near a
curb, sidewalk or street after 2 : 00 p.m. on the day prior
to the day designated for collection and before 5 : 30 a.m.
on the day designated for collection . There will be no
call-backs to collect refuse or any other wastes that are
placed for collection after 5 : 30 a .m. on the designated
collection day.
G. No person shall place any wasl.e material at or near any
curb, sidewalk or street other than the curb, sidewalk or
street immediately in front of the property from which
such waste material was generated .
§ 196- 4. Removal of empty containers.
Q7 All empty refuse containers and any other empty waste
m containers shall be removed from the curb, sidewalk or street where
Co they have been placed as soon as possible after collection by the
Q Department and, in any event, on the same day as collection . Empty
refuse containers or other empty waste containers remaining at or
near the curb, sidewalk or street on the day after collection may
be picked up and disposed of by the Department .
§ 196- 5. Removal of uncollected materials.
Where the Department has not collected certain refuse and/or
waste materials because those materials were not placed or prepared
in accord with the provisions of this chapter, the person
responsible for putting those waste materials at or near a curb,
sidewalk or street for collection by the Department shall remove
those wastes from that location as soon as possible after the
Department has refused collection and, in any event, by the end of
the designated collection day.
§ 196- 6. Noncompliance; special service charges.
A. Whenever a person places refuse or other waste material
at or near a curb, sidewalk or street for collection by
the Department without complying with all the provisions
of this chapter or fails to comply with § 196-5, the
Department may do either of the following:
( 1 ) The Department may choose not to collect the refuse
or other waste material . In such case, the
Department shall affix a notice to the waste
material which gives the reason why the Department
may also notify the property owner of the property
from which such uncollected waste material was
gener4ted why the Department did not collect that
material : That notice shall be either verbal or
-- written, as the Department determines is
appropriate, and shall be provided as soon as
feasible after the Department refuses to collect
that material; or
33
350
October 7, 1992
( 2 ) The Department may collect the refuse or other
waste material notwithstanding the fact that it
does not comply with the provisions of this
chapter . In such cases , effective June 1 , 1988,
the Department shall assess a special service
charge, in addition to the cost of the tag fee,
against the owner of the property from which such
waste material was generated.
(a) Such special service charge shall be in accord
with the following:
1 ) Residential Units : '-` Twenty dollars ( $20)
per each occasion requiring a service
charge .
2 ) Commercial or other units : Forty dollars
( $40 ) per each occasion requiring a
service charge .
(b) The Departmerit' sliall provide written notice of
said special service charge to said p ,,., erty
owner as soon as feasible after the Department
collects the waste in question. Such special
service charge shall be levied in accord with
the City of Ithaca- Charter § C-76ti Such
special service charge shall be payable at the
City Chamberlain ' s office, either in person or
by mail .
B. Whenever refuse or other waste material has been placed
for collection after 5 : 30 a .m. on the day of collection,
the Department may, in its own discretion, determine to
respond positively or negatively to a request by the
property owner of the property from which such waste was
generated that the Department return to such property and
collect that waste material . When the Department agrees
to return to the property and collect that material, it
shall assess a special service charge against that
property owner in accord with Subsection A( 2 ) of this
section.
C. For any nonscheduled collection of waste material by the
Department, the Department shall assess a special service
charge against the responsible property owner . Such
special collection charge shall be in accord with the
provisions of Subsection A( 2 ) of this section.
9 196- 7 . Primary Commons.
A. Notwithstanding any other provision of this chapter,
collection of refuse and other wastes generated on the
Primary Commons shall. be governed by the provisions of
this section .
( 1 ) Recyclable materials generated on the Primary
Commons shall be placed only at locations
designated by the Superintendent.
(2 ) All refuse other than recyclable materials
generated on the Commons shall be placed for
collection in disposable plastic bags that meet the
requirements of S 196-3B( 2 ) .
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'351
October 7 , 1992
( 3 ) All refuse and other waste material to be collected
from the Primary Commons shall be placed in the
proper locations after 4 : 30 p.m. on the day prior
to the designated collection day and before 4 : 00
a.m. on the designated collection day.
B. Except as otherwise provided in Subsection A( 1 ) through
( 3) of this section, all of the provisions of this
-- chapter shall govern the collection of refuse and other
wastes generated on the Primary Commons .
§ 196- 8. Collection or removal of recyclables.
From the time any person places any recyclable materials at or
near any curb, sidewalk or street for purposes of collection by the
Department, no person who is not acting under authority of the City
or its authorized agent shall collect, pick up, remove or cause to
be collected, picked up or removed any recyclable materials so
placed for collection, and each such unauthorized collection,
LO pickup or removal shall constitute a separate violation of this
Go chapter. However, where the Department has refused to collect
certain recyclable materials because they have not been placed or
treated in accord with the provisions of this chapter, the person
mresponsible for initially placing those materials for collection
Q may and shall remove those materials from any curb, sidewalk or
street side in accord with the provisions of this chapter.
§ 196- 9. Private waste haulers.
Nothing in this chapter shall be deemed to prevent any person
from entering into a contractual agreement with an authorized
private waste hauler for the removal of refuse and other waste
materials generated by that person or by property owned by that
person.
§ 196-10. Containers for recyclable materials.
The Board is authorized to establish an appropriate mechanism
for selling or facilitating the sale of waste containers for
recyclable materials that meet the requirements of this chapter.
§ 196-11,.. Additional regulations .
The Board shall have authority to adopt whatever regulations
are consistent with this chapter and to continue to enforce any
exisjA-)g regulations that are' consistent with this chapter.
SECT±bN 2 . Effective Date.
This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City
Charter.
Discussion followed on the floor with Superintendent Gray answering
questions from Counckl members .
�
It was the consensus of Council that in Section 196-6 (2 ) , the
words "in addition to the cost of the tag fee, " be added after the
word "charge"'. in line six.
A vote on the Ordinance resulted as follows :
Carried Unanimously
35
352
October 7, 1992
NEW BUSINESS•
* 22 . 1 Strand Theater DEIS
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the proposed disposition of the Strand Theater is an
action that requires review under the City ' s Environmental Quality
Review Ordinance, the State Environmental Quality Review Act, and
may require review under the National Environmental Policy Act,
and
WHEREAS, the Common Council declared itself lead agency in
accordance with State Law and Section 176 . 6 of the Municipal Code,
and
WHEREAS, the Common Council has filed a positive declaration and
authorized preparation of an Environmental Impact Statement, (EIS) ,
and,
WHEREAS, the Common Council retained the L.A. Group to prepare a
draft EIS which was submitted on September 23 , 1992; now,
therefore, be it
RESOLVED, That in accordance with Section 176-8 (C.^) ,o j. the
Municipal Code, the Common Council directs the City Clerk t 6. file
a notice of completion of the draft EIS and to file the draft EIS
in accordance with the requirement of Section 176-10 (C)' and 176-10
(D) of the Code; and be it further
RESOLVED, That Common Council shall establish a public comment
period to commence immediately and close on November 16, 1992; and
be it further
RESOLVED, That a public hearing on the. dr.aft EIS shall be conducted
by the City Attorney or another City official appointed by the
Mayor on behalf of Common Council and be held no later than
November 4, 1992; and be it further
RESOLVED, That the City Clerk shall file and publish the
appropriate notice in accordance with Section 176-10 (A) (5) of the
Code.
Discussion followed on the floor .
A vote on the resolution resulted as follows :
Carried Unanimously
* 22.2 Southside Community Center - Extension of Zoning Waiver
By Alderperson Daley: Seconded by Alderperson Efroymson
WHEREAS, the City is the sole fee simple absolute owner of the
premises located at 305 South Plain Street in the City of Ithaca,
subject to restrictions and conditions contained in a Deed of
Conveyance to the City of Ithaca, dated April 6, 1936 (Liber 239 of
Deeds, Page 246 ) , and a Deed of Conveyance to the City of Ithaca
dated August 22 , 1975 (Liber 547 of Deeds, Page 680 ) , and
WHEREAS, Southside is the sole fee simple absolute owner of a strip
of land known as tax parcel 80-5-16 . 2 , located on the south side of
tax parcel 80-5-15, the tax parcel on which the building known as
305 South Plain Street is located, said parcel containing
approximately 11 feet of frontage on South Plain Street and having
a depth of approximately 89 feet, and
WHEREAS, in 1991 , Southside, by authorization of the City' s Common
Council, had made application to the New York State for Youth for
a grant to rehabilitate the Southside Community Center building,
which grant, if approved, would include funding for an
approximately 1 , 028-foot addition to the building, and
36
J 53
October 7, 1992
WHEREAS, although that grant was not received, Southside is making
application for another grant to rehabilitate the Southside
Community Center building which grant, if approved, would include
funding for enlarged public recreation and community center
activities, and
WHEREAS, the use of the building for public recreation, day care
and education uses are allowable uses in the P-1 zone, and
WHEREAS, currently no off-street parking spaces exist and the
creation of none are contemplated, and
WHEREAS, currently there is a seven-foot. zoning deficiency in the
front yard setback which area deficiency would not be exacerbated
by the proposed addition, and
WHEREAS, this Common Council, at its November 6, 1991 meeting,
determined that taken in its totality the increased non-conformity
produced by the then-proposed addition represented a relatively
minor deviation from the Zoning Ordinance area requirements; that
the improvement of the Southside Community Center as contemplated
would produce a substantial improvement in the quality of service
that could be provided by the Southside Center to the neighborhood;
and that on balance, the public interest would be served by the
Q granting of a waiver of said deficiencies; and granted a waiver
from zoning ordinance deficiencies for the then proposed addition,
and
WHEREAS, this Common Council , at its December 4, 1991 meeting,
authorized the Mayor to execute a lease agreement with the
Southside Community Center in which the Southside Community Center
leased to the City of Ithaca, at an annual rental of one dollar
( $1 . 00 ) per year, tax parcel 80-5-16 . 2 , being the above-mentioned
11 foot by 89 foot parcel of land, the term of said lease to
commence at such time as the City/Southside obtained the aforesaid
grant and to run for a period of fifty ( 50 ) years; said lease
further providing that in the event that by December 31 , 1992, the
grant had not been obtained this agreement would terminate and be
of no further force and effect, and
WHEREAS, the Southside Community Center is , at this time,
requesting that the Common Council extend the date by which the
Southside Community Center must obtain this grant without the lease
terminating, and
WHERS", the Southside Community Center has further requested that
the Common Council continue the waiver for zoning area
deficiencies; now therefore, b'e• it
RESOLVED, That the Common Council authorizes the Mayor to execute
a modification to Paragraph 2 of the aforesaid lease agreement
between the City and the Southside Community Center, Inc . extending
the December 31 , 1992 date to December 31 , 1993, and be it further
RESOLVED, that the Common Council hereby extends the waiver for the
zoning area deficiencie6 granted on November 6, 1991 .
Discussion followed on the floor with Building Commissioner
Eckstrom answering questions from the Council regarding the area
zoning deficiencies . Commissioner Eckst.rom noted that a new plan
had been submitted that increases the deficiencies and a new public
hearing will be needed.
Mayor Nichols was requested to write a letter of support for the
program that Southside intends to operate but because of the
increased size of the project a new waiver will need to be granted.
37
354
October 7 , 1992
Amending Resolution
By Alderperson Daley: Seconded by Al.dei- person Efroymson
RESOLVED, That Common Council approves the continuance of the
existing waiver and that a Public Hearing be called for the
November 4 , 1992 meeting to solicit comments on wheth4t a waiver
should be granted on the new plan and that proper public notice be
given.
Ayes ( 6) - Daley, Efroymson, Blanchard, Johnson, Schroeder,
Golder
Nays (4) - Berg, Hoffman, Booth, Romanowski
a Carried
Ilk.
A vote on the main motion as amended resulted as follows :
Ayes ( 6) - Blanchard, Johnson, Efroymson, Golder, Daley,
Schroeder
Nays (4) - Hoffman, Romanowski, Berg, Booth
Carried
Resolution to Honor the Memory of Charles M. Weaver Y
Mayor Nichols read the following resolut;i_on into the minutes the
meeting and requested Council approval :
WHEREAS, Charles M. Weaver died September 30 , 1992 , one week ago
today, at the age of 75, and _ tom•
WHEREAS, "Charlie" Weaver was born in Ithaca, attended local
schools, and was a bunker at the No. 9 Fire Station while a student
at Cornell, and
WHEREAS, he worked for the Ithaca Fire Department from the end of
World War II until his retirement in 1979 , and
WHEREAS, from 1958 until his retirement he was Chief of the Ithaca
Fire Department, and
WHEREAS, he also served as public library trustee, chairman of the
Ithaca Board of Zoning Appeals, as well as on many advisory boards
and committees, and
WHEREAS, in all of these capacities he performed in a professional
manner that brought honor to the City of Ithaca, and
WHEREAS, his thoughtfulness, courtesy, and good humor were valued
by all who knew him; now, therefore, be it
RESOLVED, That, upon behalf of the citizens of the City of Ithaca,
this Common Council expresses its sorrow at the passing of Charles
M. Weaver and pays honor to his memory.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11 : 35 p.m.
I
Callista F. Paolang Benjar8in Nichols
City Clerk Mayor
38