HomeMy WebLinkAboutMN-CC-1993-03-03
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. March 3, 1993
PRESENT:
Mayor Nichols
Alderpersons (9) - Booth, Blanchard, Berg, Hoffman, Golder,
Schroeder, Efroymson, Daley, Johnson,
ABSENT:
Alderperson (1) - Romanowski (excused)
OTHERS PRESENT:
City Attorney - Guttman
Deputy City Controller - Thayer
City Clerk - Paolangeli
Police Chief - McEwen
Planning and Development Director - VanCort
Deputy Planning and Development Director - Sieverding
Superintendent of Public Works - Gray
Board of Public Works Commissioner - Reeves
Youth Bureau Director - Cohen
Building Commissioner - Eckstrom
Tompkins County Board of Representatives - Mink
Commons Coordinator - Deming
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the February 3, 1993 Common Council Meeting
By Alderperson Johnson: Seconded by Alderperson Hoffman
RESOLVED, That the Minutes of the February 3, 1993 Common Council
meeting be approved as published.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Traffic Reduction and Public Transit Committee
Mayor Nichols announced that the terms of the persons serving on
the Traffic Reduction and Public Transit Committee expired at the
end of February and he is re-appointing the following persons to
that committee with terms to expire March 1, 1995:
Andrew Yale, Chair John Gutenberger
Guy Gerard Daniel Hoffman
Neil Golder Nancy Schuler
Ex-Officio Members:
Nancy Oltz Doug Foster
Dwight Mengel William Wendt
Housing Board of Review
Mayor Nichols announced that he has appointed Scot Raynor, 314
Cornell Street to the Housing Board of Review with a term to
expire December 31, 1995.
COMMUNICATIONS:
Letter from C.S.E.A. President
City Clerk Paolangeli read the following letter from William
Baker, President, C.S.E.A. Administrative Unit, regarding the
appointment of a Lab Director (B&A Item 16.16).
"Once again, the Union must speak out on the City hiring new
employee(s) above Step 1 (one), but what is even more disturbing,
March 3, 1993
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is the City's disregard for their OWN official procedure for
hiring new employees and the on-going disregard of Article V, #2
of the Agreement between the City of Ithaca and C.S.E.A.
Administrative Unit. At the very least, the Common Council should
table 16.16 and follow their Official Procedures.
It is respectfully requested that this memo become part of the
Official Minutes of the Common Council Proceedings of March 3,
1993."
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
State Civil Rights Bill
The following persons spoke to Council in support of Item 21.1 on
tonight's agenda:
Lyn Greenspan Gallo, 14 Dug Road, Lansing
Leslie Ladd Allee, 14 Dug Road, Lansing
Dan Tapper, 116 Penny Lane, Ithaca
Complaint re. Property on 431 North Cayuga Street
Donna Cornelius, 109 Farm Street, spoke to Council regarding the
condition of the property at 431 North Cayuga Street. She stated
that the owner of that property has been very negligent about re-
building and cleaning up that property since the fire that
happened there over a year ago. She urged Council to make the
owner of that property comply with all City regulations as
everyone else is expected to do.
Taxicab Ordinance Amendment
Alan Cohen, 302 East State Street, spoke to Council regarding the
amendment to the Taxicab Ordinance that was passed at the February
Common Council meeting. He stated that he does not feel that the
amendment concerning the rate structure was fair and he is
concerned about a rate war between the cab companies.
REPORT OF BOARD OF REPRESENTATIVES:
Tompkins County Board of Representatives member Barbara Mink spoke
to the Board on the following item:
Sales Tax Increase - The County Board, at their meeting last
evening, discussed the possibility and the interest in negotiating
with the City regarding the Sales Tax increase. She stated that
the County submitted this law to Albany a couple of months ago
having thought that they had reached an accommodation with the
City for a 75%/25% split on the additional one cent sales tax.
Ms. Mink said that the City has been presented with a marvelous
opportunity which she does not begrudge them for seizing on but
the reality is that people are so upset that some County Board
members are willing to forego the additional one percent next
year. She explained that would result in either massive layoffs,
which they are not prepared to do, or a forty-four percent tax
increase, which they are not willing to do.
She further stated that if the County agrees with the City's
request, then the County tax rate, including City taxpayers, would
go up twenty-two percent. If the situation continues as it is,
with the seventy-five, twenty-five percent split, then the County
tax rate will be going up approximately seven percent.
Ms. Mink stated that at the meeting last evening, there was
support to meet with the City and talk about a possibility of
negotiation. She urged Council to look at that as a positive
step.
Government Access Channel - The County has hours designated to
March 3, 1993
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input information about City Committee meetings which will scroll
on Channel 53. Scott Heyman will be in touch with the City
Clerk's Office to discuss this procedure.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
items:
Snow Removal - To date the DPW crews have cleared 42 properties
and the owners of these properties will be receiving a bill for
City services. The charge to the owner for cleaning any such walk
will be the actual cost plus 50% for overhead and administration
for such charges and shall be due 30 days from the date rendered
by the Board of Public Works.
Commissioner Reeves explained the procedure for the public to call
if they are having a problem with snow and ice in their
neighborhood and the Department will act as quickly as possible to
accommodate the removal.
Containers for Recyclables - The containers for recyclables on the
Commons and in Collegetown will be in place by the end of the
week.
Parking Regulations at Bryant and Fairmount Avenues - The parking
regulations for Bryant and Fairmount Avenues were made permanent
at the Board meeting last week.
Pavilion Rates for Stewart and Cass Parks - The Board passed a
resolution increasing the fees for pavilion usage at Stewart and
Cass Parks for 1993.
Disability Advisory Council
Mr. Jon Merritt, Vice Chair of the Disability Advisory Council,
stated that their Committee will continue working with Asst. Supt.
Ferrel regarding the clearing of snow and ice from the sidewalks.
He stated that the DAC is looking forward to the accessibility
modifications that will be done in the Spring at Stewart Park.
Mr. Merritt reported that the DAC is starting to work with Leslie
Chatterton in the Planning Department to develop the federally
mandated evaluation for the Americans with Disabilities Act.
REPORT OF CITY ATTORNEY:
City Attorney Guttman reported that the City has received two
decisions from the Court in the last month. The first one was the
Lower/Carpenter suit. William Lower and Bernard Carpenter had
sued the City of Ithaca Planning Board regarding a negative
environmental declaration which the Planning Board made regarding
a project from Housecraft Builders. The Appellate Court ruled
that the Planning Board had not taken a hard look at the drainage
issue at this site and directed the matter be sent back to the
Planning Board for further proceedings.
The second decision which we received was an appeal that was
brought by Betsy Darlington et.al. against the Board of Zoning
Appeals regarding a Use Variance given to Thorntree Hill
Associates for a commercial building, a small portion of which was
thought to extend into the flood plain zone. Judge Relihan ruled
that Darlington, etc. lacked standing and dismissed the proceeding
on several counts.
Atty. Guttman stated that he has copies of these proceedings if
anyone would like to look at them.
March 3, 1993
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Discussion followed with City Attorney Guttman answering questions
from Council members.
Beech Street Property
City Attorney Guttman reported that last June the Council
authorized him to acquire a small parcel of land on Beech Street
and that matter has now been concluded and the City has obtained
and filed with the Clerk the deed for that property.
NEW BUSINESS:
* 21.1 State Civil Rights Bill
By Alderperson Hoffman: Seconded by Alderperson Berg
WHEREAS, the Common Council of the City of Ithaca supports the
right of all citizens to seek work, housing and education and to
enjoy public accommodations without fear of discrimination based
on prejudice, and
WHEREAS, these basic civil rights have been and continue to be
denied to citizens solely on the basis of their sexual
orientation, and
WHEREAS, the City of Ithaca has in the past recognized the need to
protect these rights by adopting the Fair Practices Ordinance of
1984 and the Domestic Partnership Ordinance of 1990, and
WHEREAS, the New York State Legislature is considering a Civil
Rights Bill that would add the words "sexual orientation" to
existing State law which currently prohibits discrimination in
employment, housing, public accommodations, education and credit,
on the basis of race, color, national origin, age, gender,
religion or physical ability (with exceptions for religious
organizations and owner-occupied housing with two or fewer units);
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca expresses
its strong support for State legislation that prohibits
discrimination on the basis of sexual orientation; and
specifically, this Common Council endorses Civil Rights Bill A.
1336, which was passed by the New York State Assembly on February
1, 1993, and be it further
RESOLVED, That this Common Council strongly encourages the State
Senate and specifically State Senator James Seward, who represents
the City of Ithaca, to support such legislation, which is pending
in the State Senate (S. 1890), and be it further
RESOLVED, That the City Clerk is directed to send copies of this
resolution to Senator James Seward, Assemblyman Marty Luster,
Senate Majority Leader Ralph Marino, Assembly Speaker Saul Weprin
and Governor Mario Cuomo.
Carried Unanimously (9-0)
PLANNING AND DEVELOPMENT COMMITTEE:
* 14.1 An Ordinance Amending Section 325-8 of Chapter 325 Entitled
`Zoning' of the City of Ithaca Municipal Code Regarding Transfer
Stations for Recyclable Materials - Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, That Ordinance No. 93 entitled "An Ordinance
Amending Section 325-8 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
March 3, 1993
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at the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, April 7, 1993, at
7:00 p.m., and be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of 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. This 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 (9-0)
Alderperson Schroeder explained the proposed amendments to the
Ordinance.
The Ordinance to be considered is as follows:
WHEREAS, transfer stations for recyclable materials are currently
allowed in B-4 and B-5 zones, and
WHEREAS, this land use generates a level and type of activity that
is generally incompatible with the retail and commercial uses
allowed in these zones, and
WHEREAS, transfer stations for recyclable materials are more
appropriately located in industrial zones; now, therefore, be it
RESOLVED, That Section 325 entitled "Zoning" and in particular
Section 325-8 authorizing the District Regulations chart be
amended to delete from the Permitted Primary Uses in the B-4 and
B-5 zones "transfer station for recyclable materials", and be it
further
RESOLVED, That these same sections be amended to add to the
Permitted Primary Uses in the I-1 zone "transfer station for
recyclable materials", and be it further
RESOLVED, That Section 325-3, "Definitions and Word Usage" be
amended such that the definition for Transfer Station for
Recyclable Materials be amended as follows: "A completely
enclosed facility for the bulk sorting and/or packaging of glass,
paper, and other light recyclable materials", and the following be
deleted from the definition: "Further processing of these
materials is not allowed in said station".
Back/Side Yard Parking Regulation - Report
Alderperson Schroeder reported that the Building Commissioner is
reviewing the whole section on parking in the Zoning Ordinance.
We will be working to improve it, to remove inconsistencies and to
add provisions for shared parking which the Planning Committee has
talked about in the past. We will also be dealing with issues of
parking in areas where parking is totally unregulated now, such as
in P zones and dealing with strategies for regulating back and
side yard parking.
CBD Business Improvement District - Report
Alderperson Schroeder reported that there have been three meetings
recently and there appears to be considerable interest in
exploring the idea of a business improvement district downtown.
At the Planning Committee meeting next month, the committee will
March 3, 1993
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consider a Local Law that would be a basic authorizing law that
would allow business improvement districts to be established in
Ithaca.
Visit of `National Parks" Officials to Discuss Inlet Island -
Report
Alderperson Schroeder reported that National Parks officials
visited Ithaca in early February to get an impression of what the
Inlet Island plan consisted of, what the substitute park
properties were like and to give their initial input whether they
thought this was a reasonable plan to implement from the National
Parks point of view. Their initial opinion is that removing
federally-funded park status from Inlet Island is acceptable, and
that only three
substitute parcels are acceptable. One is the Sheldrake parcel, a
second is a parcel that would broaden the green space next to the
Cayuga Inlet Trail along the flood control channel and the third
area would be Ithaca Falls.
* 14.5 Post Office
By Alderperson Schroeder: Seconded by Alderperson Johnson
WHEREAS, the United States Postal Service has taken unilateral
action to reduce postal services and hours at the downtown Ithaca
post office and transferred certain of these services to a post
office located in the Town of Lansing, thereby converting the
downtown Ithaca post office from a main post office to, what the
Postmaster has referred to as a "classified station", and
WHEREAS, such unilateral action has been taken without the City
and persons served by the Ithaca post office having an opportunity
to provide formal input into this decision and without the notice
required under Federal law, and
WHEREAS, the Mayor has prepared the following Complaint
challenging this action and requesting that the Postal Service
Commission enter an injunction requiring the reinstatement of all
such services until the proper notice and comment period have been
provided; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca formally
endorses, approves and joins in the Complaint by the Mayor to the
Postal Service.
Extensive discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously (9-0)
COMPLAINT:
BEFORE THE POSTAL RATE COMMISSION
|
Benjamin Nichols |
Complainant, |
|
v. |
|
|
The United States Postal Service |
Respondent. |
|
March 3, 1993
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COMPLAINT OF SERVICES NOT IN CONFORMITY WITH
39 USCS 404(b)(1),(3),(4)
Benjamin Nichols, as Mayor of the City of Ithaca, by Charles
Guttman, Corporate Counsel of the City of Ithaca, alleges:
I.
The complainant's full name is Benjamin Nichols, and his
address is Ithaca City Hall, 108 East Green Street, Ithaca, New
York, 14850. Charles Guttman, City Attorney of 108 East Green
Street, Ithaca, New York, 14850 is authorized to receive service
on behalf of the complainant of any document relating to this
proceeding.
II.
This is a proceeding pursuant to 39 USCS §404(b) wherein the
Mayor contends that Respondent is rendering services not in
conformity with policies set forth in the Postal Reorganization
Act.
III.
The City of Ithaca is a City with the population of 29,541
persons, as determined by the 1990 census. It is the County seat
of Tompkins County, it is also the geographical, business and
cultural center of Tompkins County.
IV.
Prior to November 1992, a full service post office was
located and operated in downtown Ithaca.
V.
Beginning on or about November 1, 1992, Respondent took
unilateral action to eliminate registered, hold mail, postage due,
package delivery and express mail services at the Ithaca post
office. These services were transferred to a Post Office located
in the Town of Lansing outside the municipal boundaries of the
City of Ithaca. In addition, Respondent took unilateral action to
decrease the number of hours the Ithaca Post Office was opened and
to decrease bulk mail and other services. The Ithaca Post Office
was changed from a full post office to what Respondent has
referred to as a "classified station". This consolidation of the
Ithaca post office with the Lansing post office was undertaken
without any notice to the persons served by the Ithaca post office
and without providing the required notice of its intention to
close or consolidate such post office at least 60 days prior to
the proposed date of consolidation to ensure that persons served
by such post office will have an opportunity to present their
views. Furthermore, no written determination to consolidate the
Ithaca post office was issued or made available to persons served
by such post office, as required under 39 USCS §404(b). The
consolidation of services was made despite the absence of such
written determination and the absence of such required notice.
VI.
The downtown Ithaca post office cannot be considered as a
station of the Lansing post office under §113.12 of the Domestic
Mail Manual, in that it is not located within the corporate limits
March 3, 1993
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of the Town of Lansing where the new post office, which is taking
over the services previously provided the downtown post office, is
located
VII.
The mayor is aggrieved by the above conduct of respondent in
that he both personally and as mayor of the City of Ithaca
receives registered and hold mail from the post office and will be
forced to travel to a neighboring town in order to receive such
services in the future. Such consolidation of services has
greatly impaired and damaged the efficiency and reliability of the
services provided by Respondent.
VIII.
Upon information and belief, the above conduct of the
Respondent further failed to conform with §404(b) of 39 USC in
that the postal service, prior to taking such unilateral action,
failed to consider the affect of such consolidation/closing on
the Ithaca community and on the employees of the postal service
employed at the Ithaca post office. The postal service further
failed to consider the other criteria set forth in §404(b).
Furthermore, the postal service failed to make the required
findings of fact.
IX.
The conduct of the Respondent adversely affects all residents
and businesses located in the City of Ithaca and the City of
Ithaca as a municipal entity and all of its residents and business
are aggrieved by the conduct of Respondent
X.
There is no public transportation to the site of the Lansing
post office and the conduct of the Respondent particularly
adversely impacts individuals who need or desire to travel by
public transportation to the post office.
XI.
The conduct of the Respondent also impacts adversely on the
large number of persons who reside outside the City of Ithaca, but
who work in downtown Ithaca. Prior to this consolidation, those
persons would have been able to use the centrally located downtown
Ithaca post office for the services which are being terminated.
They will now be unable to do so.
XII.
The lack of a full service downtown post office in the City
of Ithaca adversely affects the entire city by diminishing its
attractiveness as a business center, thereby adversely affecting
the tax base of the City of Ithaca.
XIII.
The consolidation being undertaken by the Respondent results
in a loss of jobs and a reduction in the quality of services
provided to persons served by the Ithaca post office.
XIV.
The above conduct of Respondent fails to conform with the
policies set forth in the Postal Reorganization Act in that the
consolidation of services has not been preceded by adequate notice
March 3, 1993
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to persons served by such post office to insure that such persons
will have an opportunity to be heard, and that the determination
of the Postal Service to close or consolidate the post office was
not issued by the Postal Service and was not made available to
persons served by such post office as required by 39 USCS §404
(b)(3), and violates the requirement of 39 USC §101(a) of "prompt,
reliable, and efficient service to patrons in all areas".
XV.
The class of persons believed by Mayor Nichols to be
similarly affected by the matter complained of herein are all post
office box renters and citizens of Ithaca who rely on registered
mail service, hold mail service, postage due service, and express
mail service to conduct their business, the City of Ithaca as a
municipality, and all other persons who are served by the Ithaca
post office.
XVI.
Copies of all correspondence and other written communications
between the parties hereto relating to the subject matter of this
complaint are attached to the complaint and made a part hereof.
In particular, attached hereto is a copy of a letter from Charles
Guttman, Corporate Council of the City of Ithaca to Karl Anderson,
Postmaster, dated January 26, 1993. Neither Mr. Guttman nor the
City of Ithaca has received any response to this letter other than
an acknowledgment by the postal service that the letter has been
received and that a reply will be forthcoming.
WHEREFORE, the Mayor requests that the Commission enter an
injunction to reinstate all services until proper notice and
comment period is given, reimbursement of attorney fees for
complainant, and all costs and other expenses as may be proper.
Dated March , 1993
Benjamin Nichols
108 E. Green Street
Ithaca, New York 14850
HUMAN SERVICES COMMITTEE:
Alderperson Johnson reported that the Committee has done strategic
planning for the activities which the Committee has set priorities
for this year. They are doing some long-range establishment of
goals of things that they would like to see the Human Services
Committee bring to Council.
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Fire Department - Request to Approve Contract For Ice
Rescue Training
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, The Ithaca Fire Department is requesting to enter into an
agreement with Eastern Artificial Insemination Cooperative for use
of their pond for ice rescue training, and
WHEREAS, The agreement has been reviewed and approved by the City
Attorney and the City's Insurance Agent; now, therefore, be it
RESOLVED, That the Ithaca Fire Department be authorized to enter
into an agreement with Eastern Artificial Insemination Cooperative
for use of the fire pond located on Sheffield Road for the purpose
of ice rescue training, and be it further
March 3, 1993
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RESOLVED, That the proper insurance clauses, including Hold
Harmless, be included in the agreement.
Carried Unanimously (9-0)
* 16.2 DPW - Request to Authorize Mayor to Sign 1993 Transit
Funding Agreement
By Alderperson Booth: Seconded by Alderperson
WHEREAS, The City has become a member of the newly formed
Metropolitan Planning Organization (MPO) which was created in
response to the designation of any "Urban Area" within Tompkins
County in accordance with the Federal Transit Act of 1964, and
WHEREAS, currently, the County is the designated recipient of
Section 9 funds for all transit operators within the designated
Urban Area, and
WHEREAS, all funds actually received and dispersed within the
Urban Area are budgeted and approved through the MPO; now,
therefore, be it
RESOLVED, That the Mayor be authorized to enter into an agreement
with Tompkins County, for the period January 1, 1993 to December
31, 1993 and a City share of $213,677, to prepare and receive
grant funds for Section 9 funds on terms and conditions that are
acceptable to the Mayor, City Attorney, and the Superintendent of
Public Works.
There was no vote taken on 16.2 as Alderperson Booth moved the
following substitute resolution:
Authorization for Mayor to Sign Transit Funding Agreement
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the Secretary of the U.S. Department of Transportation is
authorized to make grants for mass transportation projects
pursuant to the Federal transit Act of 1964, as amended, and
WHEREAS, the County of Tompkins is the designated recipient of
Section 9 Urban transit funds applying on behalf of the City of
Ithaca and other transit operators to receive and use said funds,
and
WHEREAS, the County, as applicant has designated the City of
Ithaca a Section 9 grant recipient and has authorized the County
Administrator to execute a supplemental grant agreement with the
City of Ithaca, and
WHEREAS, this agreement contains the following general provisions:
1.the County shall perform all necessary grant management for
Section 9 funding including grant preparation, filing,
reporting, management and audits,
2.the County designates the City as an eligible recipient of
Section 9 funds,
3.the County transfers to the City all rights, obligations and
responsibilities under the grant agreement,
4.the City releases the County from any liability acting as grant
recipient,
March 3, 1993
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5.the City and County agree to annually negotiate the allocation
of Section 9 funds within the Ithaca urbanized area and to
refer the results of this allocation process to the Ithaca
Tompkins Transportation Council for approval,
6.either party may rescind this agreement and not affect the
rights and obligations of both parties under the Section 9
program;
now, therefore, be it
RESOLVED, That the Mayor be authorized to enter into the
aforementioned agreement with the County of Tompkins.
Carried Unanimously (9-0)
* 16.3 DPW - Request to Appropriate Joint Activity Capital
Reserve Funds
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, The Sewer Joint Subcommittee and the Board of Public
Works have recommended Stearns and Wheler of Cazenovia, New York
to perform the Plant Capacity Study at the Ithaca Area Waste Water
Treatment Plant; now, therefore, be it
RESOLVED, That Stearns and Wheler of Cazenovia, New York be
authorized to perform the Plant Capacity Study at the Ithaca Area
Waste Water Treatment Plant for an amount not to exceed $20,000,
and be it further
RESOLVED, That an amount not to exceed $20,000 be appropriated
from the Joint Activity Capital Reserve #J-1 for the purpose of
said study.
Extensive discussion followed on the floor with Superintendent
Gray answering questions from Council members.
A vote on the resolution resulted as follows:
Ayes (8) - Booth, Johnson, Schroeder, Golder, Berg,
Blanchard,
Efroymson, Daley
Nay (1) - Hoffman
Carried
* 16.4 DPW - Request to Temporarily Adjust City Forester Hours
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, John Friedeborn was appointed to the position of City
Forester by Common Council at their regular meeting of February 3,
1993; now, therefore, be it
RESOLVED, That the Personnel Roster of the DPW be temporarily
amended by reducing the full-time position of City Forester to
twenty-five (25) hours per week from February 16, 1993 to August
16, 1993 at the request of the City Forester.
Carried Unanimously (9-0)
* 16.5 Police Department - Request to Authorize and Execute 1993
Stop-DWI Contract
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Ithaca Police Chief be authorized to execute
the 1993 Stop-DWI Contract between the Ithaca Police Department
and Tompkins County for the period January 1, 1993 to December 31,
1993, and be it further
RESOLVED, That the Police Chief be authorized to execute any
renewals or extensions to the agreement unless the changes are
March 3, 1993
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substantial, in which case Common Council's approval would be
required.
Carried Unanimously (9-0)
* 16.6 Finance Department - Personnel - Request to Extend Part-
Time Status for Personnel Administrator
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Common Council approved at their regular meeting of
January 6, 1993, part-time status, twenty-eight (28) hours per
week, for the Personnel Administrator; now, therefore be it
RESOLVED, That the part-time status, twenty-eight (28) hours per
week, of the Personnel Administrator be extended through May 28,
1993 as requested by the Personnel Administrator and approved by
the Mayor.
Carried Unanimously (9-0)
* 16.7 Police Department - Request to Assign Senior Police
Dispatch Position to CSEA Administrative Unit
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the position of Senior Police Dispatcher, at forty
(40) hours per week, be assigned to the CSEA Administrative Unit
at grade 20A with a salary range of ($17,373 - $21,982), as
recommended by the Personnel Administrator and the Police Chief.
Carried Unanimously (9-0)
* 16.8 Youth Bureau - Request to Approve Daily Fees and Seasonal
Rates for Cass Park/Alex Haley Pool
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the 1993 Cass Park Pool and Rink rates and Alex
Haley Pool seasonal rates be established and approved as follows:
Daily Rates - Cass Park Pool Child* $ .75
Student** $1.50
Adult*** $2.00
- Cass Park Rink Child $1.00
Student $2.00
Adult $2.50
Seasonal Pass - Cass Park Pool/
Alex Haley Pool Child $10.00
Student
$15.00
Adult $20.00
- Cass Park Rink Child $25.00
Student
$50.00
Adult $60.00
*Child (12 and under)
**Student (13-17)
***Adult (18 and over)
Pool - under one (1) admitted free
- over 55 pay Student Rate ($1.50)
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That a further Resolved clause to added to read as
follows:
"Resolved, That seasonal passes for Cass Park Pool and Rink and
the Alex Haley Pool shall be issued only to residents of the City
March 3, 1993
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of Ithaca, and residents of those municipalities participating
with the City in the provision of recreational services."
Carried Unanimously (9-0)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (9-0)
*16.9 Youth Bureau-GIAC - Request to Amend 1993 Authorized
Personnel Roster and Budget
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the 1993 GIAC Authorized Personnel Roster be
amended as follows:
Add: One (1) Youth Worker
Delete Funding: One (1) Educational Instructor -
position to be unfunded and open
And be it further
RESOLVED, That Marisol Fontanez be provisionally upgraded from the
position of Educational Instructor to the position of Youth
Worker, and be it further
RESOLVED, That Marisol Fontanez's salary be upgraded to $17,748,
that being Step Four (4) on the 1992 Compensation Plan for the
C.S.E.A. Administrative Unit, effective March 8, 1993, and be it
further
RESOLVED, That $2,275 be transferred from Account A1990
Unrestricted Contingency to Account A7311-110 GIAC Staff Salaries
to fund said upgrade.
Carried Unanimously (9-0)
* 16.10 Common Council - Request to Increase State Retirement
Credit for Common Council Members
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, A study of Common Council Members' monthly hours has
revealed that members work an average of sixty (60) hours per
month on Council activities, and
WHEREAS, The current New York State Retirement credit for Common
Council members is sixteen (16) hours per month; now, therefore be
it
RESOLVED, That Common Council authorizes the City Controller
and/or Personnel Administrator to make appropriate applications to
the New York State Retirement System to change the current New
York State Retirement credit hours from sixteen (16) hours per
month to sixty (60) hours per month, and be it further
RESOLVED, That the application be submitted as retroactive to 1991
if possible.
Carried Unanimously (9-0)
* 16.11 Finance Department - Chamberlain - Request to Extend
County Tax Warrant
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the
1993 taxes until May 28, 1993.
Carried Unanimously (9-0)
* 16.12 Finance Department - Chamberlain - Request Correction to
March 3, 1993
14
1993 City Tax Roll
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, an investigation of error of essential fact pursuant to
Section 554 (4A) of the Real Property Tax Law revealed that
communication property on East State Street did not exist in the
City of Ithaca for the 1992 and 1993 City Tax Roll; now,
therefore, be it
RESOLVED, That the City Chamberlain is authorized and directed to
make the appropriate changes to the tax rolls.
Carried Unanimously (9-0)
* 16.13 Finance Department - Controller - Request to Purchase
Payroll System Software
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, The City Controller is recommending a Payroll Software
System upgrade to provide the City with the ability to process and
track employee leave time, and
WHEREAS, The City has received a proposal from its current
software support company to provide said upgrade to the existing
Finance/Payroll computer system in the amount of $11,000, and
WHEREAS, The City has asked the City of Saratoga to participate in
this purchase in which, if approved, they would share one-half of
the City of Ithaca's cost to purchase the payroll software; now,
therefore, be it
RESOLVED, That the City Controller be authorized to enter into an
agreement with New England Systems and Software, Inc. for an
amount not to exceed $11,000 to implement a payroll leave time
system software program, and be it further
RESOLVED, That the funding for said project will be derived as
follows:
Computer Acquisition Capital Project #211 $3,800
Account A1990 Unrestricted Contingency $6,200
Account A1315-476 Equipment Maintenance $1,000
and be it further
RESOLVED, That if the City of Saratoga's Common Council approves
sharing the cost of the payroll system upgrade, the City's portion
will not exceed $5,500 and the above funding allocation will be
decreased appropriately.
Carried Unanimously (9-0)
* 16.14 City Attorney - Approval of Ithaca Paid Fire Fighters
Association Contract
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the Agreement between the City of Ithaca and the
Ithaca Paid Fire Fighters Association for a new two-year contract
retroactive to January 1, 1993 and expiring on December 31, 1994,
be approved as recommended by the Assistant City Attorney, and
that the Mayor and City Clerk be authorized and directed to sign
and execute the contract on behalf of the City under its corporate
seal.
Ayes (8) - Booth, Schroeder, Efroymson, Daley, Golder,
Hoffman, Berg, Blanchard
Nay (1) - Johnson
Carried
* 16.15 Audit
March 3, 1993
15
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the bills presented, as listed on Audit Abstract
#2/1993 in the total amount of $39,403.34 be approved for payment.
Carried Unanimously (9-0)
* 16.16 DPW - Appointment of Laboratory Director
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That Jose Lozano be hired as Laboratory Director
at Step 6 on the Administrative Unit 1993 Compensation Plan
(1992 Step 6 is $28,254), effective March 8, 1993.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (7) - Booth, Schroeder, Berg, Blanchard, Efroymson,
Daley, Johnson
Nays (2) - Hoffman, Golder
Carried
RECESS:
Common Council recessed at 8:55 p.m. and reconvened in regular
session at 9:05 p.m.
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 Amendments to Mobile Vending Cart Regulations (Raising
number of potential permits from 6 to 12; changing the cart sites;
establishing reduced fees for non-profit organizations; and
permitting operation outside regular hours)
By Alderperson Hoffman: Seconded by Alderperson Golder
ORDINANCE NO. 93 -
An Ordinance amending Chapter A352 "Commons Operations Manual and
Vending Cart Regulations" 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. Chapter A352 entitled "Commons Operations Manual
and Vending Cart Regulations" is amended as follows:
1.) Section 352-10(B) is hereby deleted and replaced with
the following: "The Commons Advisory Board is authorized to
determine appropriate locations where vending shall take place.
The Commons Advisory Board shall maintain and make available to
the public a list of approved vending locations."
2.) Section 352-11 is hereby revised to read as follows:
"Hours of operation. Operating hours for mobile vending carts are
between 8:00 a.m. and 10:00 p.m. Carts must be removed from the
Commons between the hours of 10:00 p.m. and 8:00 a.m. Cart owners
may petition the CAB to operate outside regular hours on special
occasions or for late night hours at special locations subject to
an additional fee of $25.00 per month."
3.) Section 352-12(A) is hereby revised to read as follows:
"A. The CAB may issue up to nine (9) permits annually for
mobile vending on the Commons. The CAB may refuse to issue a
permit:
(1) To any eligible permit holder in excess of nine (9);
(2) To any applicant who fails to satisfy the application
March 3, 1993
16
requirements; and
(3) To any applicant whose proposed cart design and
appearance is incompatible with the overall design of the Commons
and the surrounding buildings."
4.) A new subdivision to Section 352-12(C)(1) is hereby
added to read as follows:
"(i) Applicants shall demonstrate that they shall have a New
York State Sales Tax Certificate at all times when they are
vending."
5.) Section 352-12(F) is hereby revised to read as follows:
"(F) After consideration according to the guidelines set
forth in these regulations, a pool of eligible permit holders will
be established by the CAB or designated subcommittee. Notice of
intent to vote on pending applications will be distributed in
writing to members of the CAB and all applicants in advance. If
there are more eligible permit holders than permits to be issued,
previous permit holders with satisfactory performance records will
be issued permits. The remainder of the permits will be
distributed among the remaining eligible permit holders by
lottery. The remainder of the eligible permit holders will be
placed on an official waiting list. Fixed locations for permits
granted in this procedure will be assigned by lot by the CAB. If
a fixed location is vacated for any reason during the season, that
location may be filled by the CAB. The vacated location will be
assigned by lot to an eligible permit holder whose name appears on
the waiting list. If there are nine (9) or less permit
applications per season, the applicant may choose the site desired
in the order of earliest date of receipt of application. A
previous permit holder with a satisfactory performance record will
be given priority in choosing sites."
6. A new subdivision to Section 352-12(J) shall be added to
read as follows:
"(5) Display a copy of their New York State Sales Tax
Certificate on their cart."
7.) A new subdivision to be known and designated as
subdivision M of Section A352-12 entitled "Permits" is hereby
added to said chapter to read as follows:
"M. Notwithstanding the above, the Commons Advisory Board
is authorized to issue additional permits for mobile vending on
the Commons on the following terms:
1. Any permits issued pursuant to this section shall be in
addition to the permits the CAB is authorized to issue pursuant to
Section A352-12 (a), provided that the total number of permits
issued pursuant to this Section and to Section 352-12(A) combined
do not exceed twelve (12).
2. Permits issued pursuant to this section shall only be
issued to persons who would be vending on the Commons in
connection with an approved or funded City project, or to
organizations to which contributions are deductible pursuant to
Section 501(C)(3) of the Internal Revenue Code or to corporations
established under the not-for-profit corporation law in the State
of New York.
3. Permits shall be issued pursuant to this section for a
specified number of months not to exceed 6 months and at specified
locations.
March 3, 1993
17
4. An application for permits issued pursuant to this
section shall include all information required under Section A352-
12 (c)(1) and shall also include information detailing the
applicant's relationship to the City approved or funded project,
or the organization's tax or corporate status.
5. The fee to operate a mobile vending cart on the Commons
pursuant to this section shall be $60.00 per month, payable
monthly in advance.
6. Section A352-12 (e), (h), (o), (j), (k) and (l) shall
apply to permits issued pursuant to this section.
7. An individual or business who receives a permit pursuant
to this section shall be ineligible to receive a permit pursuant
to this section in any subsequent year. It is not the intention
to prevent a sponsoring organization from receiving permits
pursuant to this Section year after year.
8.) A new Section to be known and designated as Section 352-
14 entitled "Exceptions" is hereby added to said Chapter to read
as follows:
"14. Exceptions: Persons holding a license pursuant to
Section 32 of the General Business Law, to the extent legally
permitted, shall be required to abide by all regulations except
those concerning fees.
Section 2. The Ordinance shall take effect immediately.
Alderperson Hoffman explained the changes in the Ordinance.
Discussion followed on the floor with Commons Coordinator Deming
answering questions from the Council.
Amending Resolution
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, That in the third line of Item #7, under "M" , the words
"in any subsequent year" be deleted and the words "for two
subsequent years" be inserted in their place.
Alderperson Daley explained the reason for the amendment.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Carried Unanimously (9-0)
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (9-0)
* 17.2 Official Listing of City's Complaints Regarding Non-
Compliance with Cable Television Franchise
By Alderperson Hoffman: Seconded by Alderperson Efroymson
WHEREAS, the City has entered into a Franchise Agreement with
American Community Cablevision under which American Community
Cablevision (ACC) is operating and maintaining a cable
communications system within the City of Ithaca, and
WHEREAS, pursuant to Article XXII of such Franchise Agreement
entitled "Breech" it is provided that in the event that the City
has reason to believe that ACC has defaulted in the performance of
March 3, 1993
18
any provision of the Franchise Agreement that the City shall
notify ACC in writing of the provision or provisions which the
City believes may be in default; that ACC shall have a period of
time to respond to the City testing the City's assertion or curing
such default; and in the event ACC fails to cure the default
within the stated period that the City shall convene a public
hearing on reasonable notice at which hearing ACC may be heard and
afterwards the City shall specify the complaint against ACC, and
WHEREAS, the above procedural steps have been completed; now,
therefore, be it
RESOLVED, That the City of Ithaca hereby specifies the following
allegations as its complaint against ACC:
1. ACC has failed to provide 9 downstream channels
designated for public, governmental and educational access as
required by Section 14.1 (A) (1) of the Franchise Agreement.
2. ACC has failed to make available to access users, local
origination equipment as required by Section 14.1 (C) (1) of the
Franchise Agreement.
3. ACC has failed to provide 2% of gross City revenues for
PEG access equipment replacement and expansion as required by
Section 14.1 (C)(3) of the Franchise Agreement.
4. ACC has failed to maintain and/or replace in a manner
consistent with good operating practice, PEG municipal access and
local origination equipment as required by Section 14.1(C)(4) of
the Franchise Agreement.
5. ACC has failed to construct and maintain a midsplit 300
megahertz institutional network with 8 upstream and downstream
channels, free drops and necessary video converters as required by
Section 15.1 of the Franchise Agreement.
6. ACC has failed to maintain and install dedicated cables
as required by Section 15.2 of the Franchise Agreement.
7. ACC has failed to provide an all channel audio emergency
alert system as required by Section 15.4 of the Franchise
Agreement.
8. ACC has failed to designate one upstream channel for City
and public sector uses as required by Section 15.5 of the
Franchise Agreement.
9. ACC has failed to publish all rates for subscriber
services and leasing of channels as required by Section 16.4 of
the Franchise Agreement.
10. ACC has raised basic rates higher than the schedule set
forth in Section 19.1 of the Franchise Agreement.
11. ACC has failed to pay to the City the franchise fee set
forth in Article 20 of the Franchise Agreement.
and be it further
RESOLVED, That the City Attorney is directed to forward a copy of
such complaint to the appropriate officials at ACC and is further
directed to continue in proceedings against ACC.
Carried Unanimously (9-0)
March 3, 1993
19
Proposal to Prohibit Hunting at Treman Marina Park - Report
Alderperson Hoffman reported that the Charter and Ordinance
Committee has voted to recommend to Common Council that hunting at
Treman Marina Park be prohibited. A resolution will be
forthcoming to the Council.
Proposed Amendments to Landmarks Preservation Ordinance - Report
Alderperson Hoffman reported that the Charter and Ordinance
Committee has received a proposal from the Landmarks Preservation
Commission for changes in the Preservation Ordinance. The
proposed change would eliminate appeals of the Landmarks
Preservation Commission decisions to Common Council and would
require that those appeals be taken through the Court system
instead. The matter will be considered at a later meeting of the
Charter and Ordinance Committee.
UNFINISHED AND MISCELLANEOUS BUSINESS:
* 20.1 Sale of Strand Theater
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the City of Ithaca has received an offer from RHP
Properties, Inc. to acquire the City's interest in property known
as the Strand Theatre, and
WHEREAS, this Common Council intends to consider whether to accept
this offer at its April 7, 1993 meeting; now, therefore, be it
RESOLVED, That the Ithaca City Clerk is directed to give public
notice of the terms of the proposed sale.
City Attorney Guttman summarized the terms of the offer from RHP
Properties, Inc.
Extensive discussion followed on the floor.
A statement will be forthcoming from City Attorney Guttman for
inclusion in the April Common Council Minutes.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Hoffman
RESOLVED, That the second Whereas clause be deleted from the
resolution.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (3) - Efroymson, Hoffman, Golder
Nays (6) - Booth, Blanchard, Daley, Johnson, Schroeder, Berg
Motion Fails
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (7) - Booth, Efroymson, Daley, Johnson, Schroeder, Berg,
Blanchard
Nays (2) - Golder, Hoffman
Carried
* 20.2 Comex/McCurdy's
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the City obtained an Urban Development Action Grant
(UDAG) in 1983 in the amount of $475,000 to fund the renovation of
March 3, 1993
20
the former Rothschild building in order to attract the S. F.
Iszard Company to downtown Ithaca, and
WHEREAS, the UDAG was structured as a loan from the City to the
Tompkins County Industrial Development Agency (IDA) and Comex
Plaza Associates, and
WHEREAS, Comex Plaza Associates entered into long term lease
agreement with the S. F. Iszard Company, which was later assumed
by McCurdy and Company, and
WHEREAS, the mortgage agreement between the City and the IDA/Comex
Plaza Associates states that this lease agreement is part of the
collateral securing the City's UDAG loan, and
WHEREAS, the mortgage agreement also states that modifications to
the lease require City approval, and
WHEREAS, the City has been notified by Comex Plaza Associates that
the McCurdy Company is terminating its lease with Comex Plaza
Associates, and
WHEREAS, Comex Plaza Associates has requested the City's consent
to this termination of the lease agreement, and
WHEREAS, the IGR Committee recommends that the City consent to the
lease termination, now, therefore be it
RESOLVED, That the City consents to the termination of the lease
agreement between Comex Plaza and the McCurdy Company.
City Attorney Guttman, for the record, explained that this
resolution is stating that the City consents that the lease with
McCurdy's is terminated and leaves in place all other terms of the
agreements, the loan documents and the mortgage which the City
holds, which includes approvals for the use of the property and
for the changes to the physical structure of the property.
A vote on the resolution resulted as follows:
Carried Unanimously (9-0)
NEW BUSINESS:
* 21.2 110 Sears Street - DeWitt Park Historic District - Kuckes
Appeal
Alderperson Schroeder explained how the appeal will proceed.
Mrs. Martha Kuckes, residing at 114 East Court Street, stated that
she and her husband are appealing the Ithaca Landmarks
Preservation Commission's decision to deny their application to
use vinyl siding on their rental property at 110 Sears Street.
Mrs. Kuckes quoted from the City Ordinance, Section 228-4(E)1(d).
She argued that vinyl should be able to be used on this property
so that a reasonable return can be made on that property.
Ms. Leslie Chatterton, Preservation/Neighborhood Planner, quoted
from the Landmarks Preservation Commission ordinance and presented
the Commission's reasons for refusing the appeal from Mr. and Mrs.
Kuckes.
Questions followed from Council members to Mr. & Mrs. Kuckes and
Ms. Chatterton.
Mr. Kuckes presented rebuttal arguments and Ms. Chatterton spoke
for the Commission.
March 3, 1993
21
Extensive discussion followed on the floor.
Motion by Council to Affirm Ithaca Landmarks Preservation
Commission's Decision
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, Martha Kuckes and Arthur Kuckes, hereinafter referred to
as "Kuckes" have appealed to the Common Council in the City of
Ithaca from a decision of the Ithaca Landmarks Preservation
Commission dated January 14, 1993 denying a Certificate of
Appropriateness to replace existing clapboards with vinyl siding
on the residence at 110 Sears Street, Ithaca, NY in the DeWitt
Park historic district, and
WHEREAS, both Kuckes and the Ithaca Landmarks Preservation
Commission, hereinafter referred to as "ILPC" have had an
opportunity to present their positions to the Common Council
NOW THEREFORE, after due deliberation, the Common Council of the
City of Ithaca makes the following findings of fact and
determinations:
FINDINGS OF FACT
1. Kuckes applied for a building permit for their property
at 110 Sears Street, Ithaca, NY to apply vinyl siding to the
property.
2. The property at 110 Sears Street is within the DeWitt
Park Local Historic District.
3. The permit application was properly referred to the ILPC
to consider the issuance of a Certificate of Appropriateness since
the proposed plans involved a material change of appearance of a
structure within the Historic District as provided in Section 228-
4(E) of the City of Ithaca Municipal Code.
4. The Commission met on July 9, 1992, at which time it
considered the application.
5. The Commission determined that the property is
architecturally and historically significant as a representative
example of the modest "worker" residences constructed in that area
in the late Nineteenth Century.
6. The Commission further determined that the structure
retains a modest level of integrity.
7. The Commission further determined that the visual
relationship of existing clapboards and trim are an integral part
of the historic and architectural character of the structure and
that the existing clapboards and trim are components of the
original historical fabric and, although in need of painting, are
in relatively good condition.
8. The Commission further determined that the structure
exhibits characteristics of a moisture problem which might be
exacerbated by the application of synthetic siding.
9. The Commission further noted that the building is
located within ten feet of the pedestrian right-of-way and that
the proposed alteration would be highly visible.
10. The Commission voted and determined that the proposal by
Kuckes did not meet the criteria for approval under the Ithaca
Landmarks Preservation Ordinance and denied the request for a
Certificate of Appropriateness.
March 3, 1993
22
11. The Commission, pursuant to Section 228-5, stated its
reasons for denying the Certificate of Appropriateness and
transmitted a record of such action and the reasons therefor to
the Building Commissioner and to the applicant.
12. Kuckes appealed the decision of the ILPC to Common
Council.
13. Common Council on October 7, 1992 determined that the
Commission did not properly consider and make findings of fact
regarding applicants ability to earn a reasonable return on the
property and other relevant financial considerations.
14. Common Council remanded the matter to the Ithaca
Landmarks Preservation Commission to reconsider the request by
Kuckes.
15. ILPC reheard the matter on November 17, 1992, at which
time financial factors were considered.
16. ILPC on November 17, 1992, voted and determined that the
proposal by Kuckes did not meet the criteria for approval under
the Ithaca Landmarks Preservation Ordinance and denied the request
for Certificate of Appropriateness.
17. Kuckes requested ILPC to reconsider its decision at its
January 1993 meeting, on the basis of new information provided in
a revised financial statement.
18. ILPC on January 14, 1993 reviewed the revised financial
statement and reconsidered its decision.
19. On January 14, 1993, the ILPC again determined that the
Kuckes proposal did not meet the criteria of the ordinance for
the issuance of a Certificate of Appropriateness and denied
Kuckes' request for a Certificate of Appropriateness.
20. The Commission, pursuant to Section 228-5, stated its
reasons for denying the Certificate of Appropriateness and
transmitted a record of such action and the reasons therefore to
the Building Commissioner and to the applicant.
DETERMINATIONS
1. That the Commission duly considered the application by
Kuckes.
2. That the decision of the Commission was not outside the
scope of their authority and was neither arbitrary nor capricious.
NOW THEREFORE, BE IT RESOLVED that the Common Council of the
City of Ithaca does hereby affirm and uphold the decision of the
Ithaca Landmarks Preservation Commission and does hereby deny the
appeal of Martha Kuckes and Arthur Kuckes.
A vote on the resolution resulted as follows:
Ayes (6) - Booth, Schroeder, Hoffman, Berg, Johnson,
Efroymson
Nays (3) - Golder, Blanchard, Daley
Carried
Sales Tax Discussion
Mayor Nichols stated that City representatives have met with
representatives from the County Board regarding the possibility
March 3, 1993
23
that the County might consider negotiating with the City for
payments for services in lieu of a percentage of the sales tax.
Discussion followed on the floor.
It was the consensus of the Mayor and Council members that there
will be a SPECIAL COMMON COUNCIL MEETING HELD ON THURSDAY, MARCH
11, 1993 AT 7:00 P.M. to consider the negotiations being discussed
by representatives from the City and County.
ADJOURNMENT:
On a motion the meeting adjourned at 11:25 p.m.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor