HomeMy WebLinkAboutMN-CC-1993-09-01 September 1, 1993
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. September 1, 1993
PRESENT:
Mayor Nichols
Alderpersons (9) Blanchard, Romanowski, Daley, Efroymson,
Johnson, Golder, Schroeder, Hoffman, Berg
OTHERS PRESENT:
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Deputy City Clerk - Holcomb
Planning & Development Director - VanCort
Deputy Planning & Development Director - Sieverding
Police Chief - McEwen
Building Commissioner - Eckstrom
Fire Chief - Wilbur
Superintendent of Public Works - Gray
BPW Commissioner - Reeves
County Board of Representatives - Lerner
EXCUSED:
Alderperson Booth
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American Flag.
MINUTES:
Approval of Minutes of the July 7, 1993 Common Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Berg
RESOLVED, That the Minutes of the July 7, 1993 Common Council
meeting be approved as published.
Carried Unanimously
Approval of Minutes of the August 4, 1993 Common Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Berg
RESOLVED, That approval of the Minutes of the August 4, 1993
Common Council meeting be postponed until the October 6, 1993
meeting.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Board of Fire Commissioners
Mayor Nichols requested Council approval for the appointment of
Charles R. Jennings, 304 East Falls Street, Ithaca, to the Board
of Fire Commissioners with a term to expire June 30, 1996.
Resolution
By Alderperson Hoffman: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the appointment of Charles R.
Jennings to the Board of Fire Commissioners with a term to expire
June 30, 1996.
Carried Unanimously
REPORT OF BOARD OF REPRESENTATIVES:
County Board of Representatives member Eric Lerner reported to
Council on the following matters:
Minimum Wage
Representative Lerner reported that the County is also considering
a Resolution regarding an increase in minimum wage.
September 1, 1993
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Consolidation of Services
Discussions between the County and the City are proceeding.
Representative Lerner also suggested that the possibility of
consolidation of police services within the County be reviewed.
Solid Waste Finance Plan
The Board of Representatives will be discussing and possibly
voting on a Solid Waste Plan for 1994 in the month of September.
County Trash Tag Law Amendment
Representative Lerner reported that he has received a copy of the
Resolution which was passed by the Board of Public Works and
Common Council requesting the County to allow the City to amend
the trash tag law. The City requested this amendment so that
alternative methods of collecting trash, based upon the weight of
the trash, could be implemented to alleviate the problem of stolen
trash tags.
Representative Lerner suggested that the City bring a specific
plan to the County, before the County revises the trash tag law.
He also suggested that the City consider using non-soluble glue on
the back of the trash tags as it has in the past, as this may
alleviate some of the problems with stolen tags.
Alderperson Daley stated that the City would like to have the
flexibility to implement different methods as needed without
having to seek County approval each time.
This matter was referred back to the Board of Public Works.
COMMUNITY POLICE BOARD:
Community Police Board Chair, Sara Shenk, reported that the Board
has revised police complaint procedures so that the Board will be
meeting alone with the person making a complaint before there is a
meeting with the Police Chief and Deputy Police Chief. She
further reported that the grievance form is being simplified, and
a brochure is being created regarding how to file a complaint,
etc.
A sub-committee of the Board is reviewing the possibility of
creating a video with a "know your rights" theme, which will be
made in conjunction with the Police Department.
The Police Board has received seven complaints to date in 1993.
CONSOLIDATION/TRANSIT:
Alderperson Blanchard reported that a bicycle exposition will be
held on Saturday, September 11, 1993 at the Ithaca Area Transit
Facility from 9:00 am - 1:00 pm. Speakers will be present, videos
will be shown, and the IPD bicycle patrol will be present.
Alderperson Blanchard also reported that she has submitted a
report to the Mayor and Bob Watros on behalf of the committee that
is working on the transit consolidation project. The report
outlines the committee's mission statement and their intended work
plan, as well as the "Single Identity Project" which would result
in the uniform repainting, and restriping of all of the buses in
all of the fleets. This unified service fleet would become active
in June of 1994 with consolidated schedules, signing, and stops.
DISABILITY ADVISORY COUNCIL:
Disability Advisory Council member LeMoyne Ferrell reported that
the DAC has met with representatives of the Ithaca Festival
concerning issues of accessibility. Suggestions were made
regarding providing necessary equipment to hearing impaired people
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so they could enjoy the concerts at Stewart Park as well as
putting the Ithaca Festival schedule on tape for hearing and sight
impaired people.
Ms. Ferrell also noted several construction sites in the downtown
area that are extremely difficult for disabled people to get
around.
The surveys of accessibility in City departments are proceeding.
REPORT OF CITY ATTORNEY:
Post Office
City Attorney Guttman reported that the Postal Rate Commission has
determined that they lack the jurisdiction to consider the issue
of the Post Office's move to Lansing resulting in reduced services
at the downtown office. This matter will be brought to Federal
Court or to New York State Supreme Court, asking the Court for a
declaratory judgement that the actions undertaken by the Postal
Service were improper, and in violation of Federal law, and an
injunction ordering the Postal Service to consider the downtown
office as the Main Office, and restoring the services. City
Attorney Guttman will report back to Council as this matter
progresses.
REPORT OF CITY CONTROLLER:
Home Rule Message
City Controller Cafferillo reported that he will be requesting
that Common Council approve a Home Rule Message in support of a
constitutional change at the State level that would permit
municipalities to issue level debt service. Currently the City is
required to issue debt in accordance with the 50% rule.
This item would appear on the November ballot as a State
Proposition, and municipalities will attempt to educate the public
on this issue through the media. City Controller Cafferillo will
submit a Resolution for Council's approval at the October Common
Council meeting.
SPECIAL ORDER OF BUSINESS:
Public Hearing on the District Plan for the Business Improvement
District
Motion to Open Public Hearing
By Alderperson Daley: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing on the District Plan for the
Business Improvement District be declared open.
Carried Unanimously
Mayor Nichols asked Ken Walker, Chair of the Business Improvement
District Steering Committee, and member of the former Downtown
Vision Task Force to describe the district plan for the Business
Improvement District.
Mr. Walker explained that the Steering Committee conducted a
survey of the 323 property owners within the BID and received an
approximate 38% response rate. A survey of the tenants that live
within the BID was also conducted. The three major concerns that
were discovered through these surveys were:
1. Security
2. Recruitment/Retention of Businesses
3. Parking
Three public meetings were held to explain the BID, and to hear
input from area residents. By State law only property owners can
vote on the creation of the Business Improvement District. The
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BID Steering Committee will not recommend that Council approve the
creation of the BID if 30% of the property owners are opposed to
it.
A Board of Directors will be elected by the property owners and
the Board would control the expenditures of money. This entity
can be dissolved at any time by a 51% vote of the number of
property owners or 51% of the assessed valuation of the properties
within this district.
The following people addressed Council regarding the creation of a
Business Improvement District:
Ben Stimson, 963 Comfort Road, Spencer
Carol Terrizzi, 120 W. State St, Ithaca - State of the Art Gallery
Dawn Green, 110 S. Corn St, Ithaca
William T. Pritchard, 304 S. Cayuga St, Ithaca
Joseph Lee, 335 W. State St, Ithaca - The Next Step Salon
Betty Cornish, 234 S. Albany St, Ithaca
Rosalind Grippi, 423 E. Seneca St, Ithaca
Susan Blumenthal, Downtown Revitalization Leadership Committee
Albert Smith, 707 N. Cayuga St, Ithaca
Ed Dinger, 214 W. State St, Ithaca - Carpet Bazaar
John A. Taylor, 201 DeWitt Pl, Ithaca
John J. Augustine, Jr., 109 Rich Rd, Ithaca
Jemma Macera, 125 W. Green St, Ithaca
Alan Cohen, 302 E. State St, Ithaca
Kevin Brew, 3 Knoll Tree Rd, Ithaca
Bill Meyers, 313 Hudson St, Ithaca
Chuck Kellogg, 540 W. State St, Ithaca - Chuck's Mobil Station
H. Clayton Hamilton, 516 W. Green St, Ithaca
Elly Hartmanis, 408 W. State St, Ithaca
Beverly Baker, 320 S. Geneva St, Ithaca - Baker Travel
Charles Wilson, W. State St, Ithaca - C.W. Engineering
Raymond DiPasquale, 203 Wycoff Ave, Ithaca
James Kerrigan, W. Seneca St, Ithaca
Betsy Park, Downtown Ithaca Inc.
Motion to Close Public Hearing
By Alderperson Daley: Seconded by Alderperson Efroymson
RESOLVED, That the Public Hearing to consider the creation of a
Business Improvement District be declared closed.
Carried Unanimously
REPORT OF FIRE CHIEF:
Fire Chief Wilbur thanked the emergency service personnel for the
assistance they provided in the tragic fire on South Hill this
past weekend. He further noted that the community support that
the Fire Department has received has been very helpful and
appreciated.
Fire Chief Wilbur stated that the Fire Department will continue
working on their public education and juvenile fire setter
programs. Fire fighter personnel will begin door-to-door sticker
(emergency phone number) distribution, and a county-wide campaign
will be implemented to teach people how to survive a fire in
their homes -EDITH (Exit Drill In The Home). A district wide
neighborhood fire safety campaign will also be created so that
people will know what to do in the event of a fire.
A smoke detector ordinance is currently being discussed with the
Charter and Ordinance Committee, and the Fire Department is also
attempting to enhance their code enforcement capabilities.
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New member training has been revised, and the Fire Chief will
review the department's operational procedures and volunteer
personnel issues.
Mayor Nichols and Common Council commended Chief Wilbur and the
Fire Department for their valiant efforts during the South Hill
fire.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
William Kone, Grandview Court, Ithaca, submitted a petition to
Common Council with 32 signatures that read as follows:
"We the undersigned, request that the Mayor and Common
Council, take immediate action to correct a violation of our civil
rights. Members of the First Ward, Fifth District, (the top of
South Hill) have been assigned to vote at the Tompkins County
Mental Health Clinic on East Green Street. This means that we
must pay to vote. the only parking is either metered or in the
parking lots, the largest and most convenient is the City
Woolworth lot. this over-sight should be corrected before the
September 14th Primary. The attempt of the City to raise money
for the City coffers is unforgivable. The over-sight of the City
in not making prior arrangements is typical.
To force members of the top of South Hill to pay a poll tax,
while having the members of the bottom of South Hill travel to
South Hill Elementary is unfair, and makes no sense. We ask for
quick action." (Petition is on file in the City Clerk's Office)
Mayor Nichols stated that he will look into this matter and
attempt to make arrangements for an hour of free parking for
voters.
Mr. Kone also urged Council not to support the Resolution on the
Agenda regarding a minimum wage increase.
Alan Cohen, 302 E. State Street, also requested that Council
suspend parking fees for election days. Mr. Cohen further urged
Council to support the sale of theater chairs to the Kitchen
Theater Company.
RESPONSE TO THE PUBLIC:
Alderperson Berg stated that he will recommend to the Mayor and
Board of Public Works that voters be given one hour free parking
on election days.
Alderperson Blanchard suggested that the polling places be
reviewed and possibly altered for next year.
Recess:
On a motion the meeting recessed at 9:10 pm and reconvened into
Regular session at 9:20 pm.
COMMUNICATIONS FROM THE MAYOR:
Mayor Nichols stated that issued a proclamation on the Commons
yesterday, which read as follows:
Size Acceptance Month
"WHEREAS, stereotypes about the inadequacies of large people
oppress all persons, especially women, and
WHEREAS, weight prejudice and restrictive dieting compel people to
mistrust themselves, fear their appetites and body sizes, and be
ashamed of their bodies, and
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WHEREAS, restrictive dieting may be damaging to children's self-
esteem and cause an increase in eating disorders, and
WHEREAS, recent scientific research argues strongly that not all
people are meant to be thin, and the attempt to be thinner than
real body size may be harmful, and
WHEREAS, people have the right to be treated with respect
regardless of size, and
WHEREAS, Diet/Weight Liberation, a project of the Center for
Religion, Ethics, and Social Policy at Cornell University has
scheduled numerous events on the Cornell campus and downtown
during the month of September 1993 to encourage Ithacans to free
themselves from the Diet/Weight prison;
NOW, THEREFORE, I, Benjamin Nichols, Mayor of the City of Ithaca,
New York do hereby proclaim the month of September 1993 to be
SIZE ACCEPTANCE MONTH
in the City of Ithaca and urge all Ithacans to condemn prejudice
and discrimination based on size,
IN WITNESS WHEREOF, I have hereunto set my hand and caused the
great seal of the City of Ithaca to be affixed this 31st day of
August, 1993."
HUMAN SERVICES COMMITTEE:
*15.1 Resolution Urging the New York State Labor Commissioner to
Appoint a Wage Board to Study NYS Minimum Wage
By Alderperson Efroymson: Seconded by Alderperson Johnson
WHEREAS, section 653 of the New York State labor Law provides
that, "The Commissioner shall have power on his own motion to
cause an investigation to be made of the wages being paid to
persons employed in any occupation or occupations to ascertain
whether the minimum wages established in accordance with the
provisions of this article are sufficient to provide adequate
maintenance and to protect the health of persons employed in such
occupation or occupations. The Commissioner shall, on the
petition of fifty or more residents of the State engaged in or
affected by an occupation or occupations sought to be
investigated, cause such an investigation of such occupation or
occupations to be conducted. If, on the basis of information in
his possession with or without such an investigation, the
Commissioner is of the opinion that any substantial number of
persons employed in any occupation or occupations are receiving
wages insufficient to provide adequate maintenance and to protect
their health, he shall appoint a wage board to inquire into and
report and recommend adequate minimum wages and regulations for
employees in such occupation or occupations," and
WHEREAS, a petition meeting the requirements of this law has been
delivered to the Labor Commissioner; now, therefore, be it
RESOLVED, That the Ithaca Common Council urges the Labor
Commissioner to act promptly to appoint a wage board in compliance
with New York State Labor Law, and, be it further
RESOLVED, That a copy of this Resolution be forwarded to Labor
Commissioner John Hudacs, Governor Mario Cuomo, Assemblyman Martin
Luster, Frank Barbaro, and State Senator James Seward.
Discussion followed on the floor with Alderperson Efroymson
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explaining the background of the Resolution.
Alderpersons Romanowski and Blanchard spoke in opposition to the
Resolution because of the possibility that a raise in minimum wage
could cause a loss of jobs, and they are in favor of a National
increase as opposed to a State increase.
Alderperson Golder explained that a wage board would review these
types of concerns.
A vote on the Resolution resulted as follows:
Ayes (7) - Daley, Efroymson, Johnson, Golder,
Schroeder, Hoffman, Berg
Nays (2) - Blanchard, Romanowski
Carried
*15.2 Resolution in Support of Youth Activity
By Alderperson Golder: Seconded by Alderperson Efroymson
WHEREAS, a number of Ithaca's young people have come to the Human
Services Committee asking for the City's support, and
WHEREAS, "Unlimited Images" has made a specific proposal that the
City be involved with it to help provide space for young people to
sell crafts, exhibit art, run a cafe, etc., and
WHEREAS, Ithaca Hours is also proposing a community use for public
space; now, therefore, be it
RESOLVED, That the City encourages Unlimited Images and Ithaca
Hours to continue the exploration of a partnership with the City.
Discussion followed on the floor with Alderperson Golder
explaining the requests the City has had as indicated by this
Resolution.
Alderperson Johnson stated that the City already supports programs
at the Youth Bureau, GIAC, Southside Community Center, Youth
Employment Service, Partnership for Youth, etc., and hopes that
this can be coordinated with these existing programs.
Alderperson Blanchard stated that the City also supports an
entrepreneurial program out of GIAC and this request should be
referred to that program. She further stated that she will not
support this Resolution if use of the City Hall Annex is involved.
Alderperson Golder explained that use of the Annex is not
implicated in any way in this Resolution. He further explained
that this request does not fit into the entrepreneurial program as
it is for an alcohol free, night-time, music/arts type club.
Alderperson Romanowski suggested that this program should seek out
private sponsors as opposed to City support.
Alderperson Hoffman stated that this Resolution is very confusing
and suggested that it be referred back to the Human Services
Committee for additional review.
Motion to Refer
By Alderperson Hoffman: Seconded by Alderperson Berg
RESOLVED, That this Resolution be referred back to the Human
Services Committee for additional review.
September 1, 1993
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Ayes (7) - Blanchard, Romanowski, Daley, Johnson,
Schroeder, Hoffman, Berg
Nays (2) - Efroymson, Golder
Carried
*15.3 Community Services - Report
Alderperson Johnson reported that 16+ Community Service Funding
requests representing $ 171,298. have been received. He asked the
members of the Human Services Committee to review these
applications in the Controller's office before the September 9,
1993 meeting.
*15.4 Human Services Coalition Funding - Report
Alderperson Johnson reported that there has been a 30%+ increase
in Human Services Coalition funding requests. Ten agencies have
been through the consolidated review process. The Coalition is
working on a needs assessment that will assist in establishing the
need and the criteria for County-wide funding of Human Services.
PLANNING AND DEVELOPMENT COMMITTEE:
*16.1 Resolution of Support of Application for ISTEA
Transportation Enhancement Funds to be Used to Execute the Cayuga
Inlet Trail Project
By Alderperson Schroeder: Seconded by Alderperson Efroymson
WHEREAS, the completion of a multi-use trail project to connect
the four major recreational facilities under the control of the
New York State Office of Parks, Recreation and Historic
Preservation within Tompkins County is a long-standing priority
project, and
WHEREAS, the Cayuga Inlet Trail has been identified in three
phases to connect Allan H. Treman State Park to Buttermilk Falls
State Park parallel to the Cayuga Inlet (Phase I), to connect
Buttermilk Falls State Park to Robert H. Treman State Park
parallel to Cayuga Inlet Creek South (Phase II), and to connect
Taughannock Falls State Park to Allan H. Treman State Park along
the old Lehigh Valley Railroad corridor, and
WHEREAS, the proposed Cayuga Inlet Trail would traverse an area of
diverse, scenic, natural, and cultural features, and would provide
access to existing and proposed local and regional trails and to
several neighborhoods, and
WHEREAS, the proposed Cayuga Inlet Trail would provide the
citizens and residents of the Town of Ithaca, Town of Ulysses,
City of Ithaca, and Tompkins County with additional recreational
and transportation opportunities in a safe and enjoyable
environment, and
WHEREAS, the New York State Office of Parks, Recreation and
Historic Preservation-Finger Lakes Region intends to file a grant
application for funds available under the Transportation
Enhancement Program of the Intermodal Surface Transportation
Efficiency Act of 1991 as administered by the New York State
Department of Transportation in order to fund necessary planning,
acquisition, and construction of the Cayuga Inlet Trail; now,
therefore, be it
RESOLVED, that the City of Ithaca does hereby support the New York
State Office of Parks, Recreation and Historic Preservation-Finger
Lakes Region's application for funds available under the
September 1, 1993
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Transportation Enhancement Program of the Intermodal Surface
Transportation Efficiency Act of 1991 as administered by the New
York State Department of Transportation, and be it further
RESOLVED, that the City of Ithaca considers the completion of the
Cayuga Inlet Trail to be a priority recreation and transportation
project serving its residents and citizens.
Carried Unanimously
*16.2 Resolution of Support of County ARC Grant Application to
Fund Study of Social Services Consolidation
By Alderperson Schroeder: Alderperson Blanchard
WHEREAS, the Human Services Coalition, with City and County
encouragement, has conducted a preliminary feasibility analysis
regarding a multi-agency human services building downtown which
concluded that a sufficient number of agencies are interested in a
partnership with the private sector in either building a new
structure or renovating an existing building on a long-term lease
basis, and
WHEREAS, more detailed analysis, including architectural services,
cost estimating, and management consulting services, is required
before the requisite commitments can be obtained from the social
service agencies involved in order to move this project forward,
and
WHEREAS, consolidation of these agencies in one building will
promote more efficient delivery of services and should generate
cost savings in terms of reduced overhead for all the agencies
involved, and
WHEREAS, the commitment by these social service agencies to locate
downtown on the public transit system and near other support
agencies is important to the City's downtown revitalization
efforts, now, therefore be it
RESOLVED, That the Common Council supports the Appalachian
Regional Commission grant application prepared and submitted by
Tompkins County on behalf of the Human Services Coalition for
Funding a detailed building consolidation feasibility study, and
be it further
RESOLVED, That the Common Council commits to its share of the
local match which includes up to $2,000 of next year's allocation
to the Human Services Coalition to fund its activities for the
consolidation program and the contribution of City staff time
(Planning Department, Building Department, and Department of
Public Works) in an amount not to exceed $6,000, such staff time
to be directed to the architectural feasibility component of the
study, and, be it further
RESOLVED, That this Resolution does not commit the City to
increasing its funding allocation to the Human Services Coalition
in 1994.
Alderperson Berg voiced his concerns over the amount of money
being requested for a feasibility study. Alderperson Blanchard
explained that grants are rarely fully funded, so the grant
includes three components where the project could be trimmed back
if the funding does not come through. She also stated that this
project would entail extensive architectural, engineering, and
management assistance to the agencies, as well as moving expenses.
A vote on the Resolution resulted as follows:
Carried Unanimously
September 1, 1993
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*16.3 An Ordinance Amending Section 325-8 of Chapter 325 entitled
"Zoning" of the City of Ithaca Municipal Code Regarding Minimum
Height of Buildings - Call for a Public Hearing
By Alderperson Schroeder: By Alderperson Daley
RESOLVED, That Ordinance 93- entitled "An Ordinance Amending the
Section 325-8 of Chapter 325 entitled `Zoning' of the City of
Ithaca Municipal Code regarding minimum height of buildings" 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 in the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
Ithaca, New York, on Wednesday, October 6, 1993 at 7:00 p.m., and
be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed ordinance for its report thereon.
The Ordinance to be considered shall be as follows:
ORDINANCE 93-
An Ordinance Amending Section 325-8 of Chapter 325 Entitled
"Zoning" of the City of Ithaca Municipal Code Regarding Minimum
Height of Buildings.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
Section 1. That Section 325-8(A)(15) entitled "District
Regulations" is hereby amended to read as follows:
"(15) Column 16: Minimum height of building, height in feet.
Buildings hereafter erected shall have a minimum height as
specified herein, provided however that the requirements of this
column shall not apply to development, including additions and/or
expansions of existing development where the new development or
addition or expansion of the existing development does not exceed
a footprint of 500 square feet."
Section 2. Effective Date. This Ordinance shall take effect
immediately, in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
Extensive discussion followed on the floor with Planning and
Development Director VanCort explaining a memo that he and Deputy
Director Sieverding directed to Council regarding their opposition
to the minimum building height amendment.
Alderperson Schroeder explained that this amendment was intended
for minor, accessory additions. He stated that he does not
believe that these types of projects should be required to go to
the Board of Zoning Appeals for a variance.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Berg
RESOLVED, That the 500 square feet figure in the minimum building
September 1, 1993
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heights amendment be amended to read 300 square feet.
Ayes (3) Schroeder, Berg, Johnson
Nays (6) Blanchard, Romanowski, Daley, Efroymson, Golder,
Hoffman
Failed
Motion to Refer to Committee
By Alderperson Blanchard: Seconded by Alderperson Johnson
RESOLVED, That this Ordinance be referred back to the Planning and
Development Committee for additional discussion.
Ayes (3) Blanchard, Romanowski, Johnson
Nays (6) Daley, Efroymson, Golder, Schroeder,
Hoffman, Berg
Failed
Discussion followed on the floor with Alderperson Blanchard
stating that she will not support this Ordinance based on the memo
from staff.
Main Motion to Call for a Public Hearing
A vote on the motion resulted as follows:
Ayes (6) Daley, Efroymson, Golder, Schroeder,
Hoffman, Berg
Nays (3) Blanchard, Romanowski, Johnson
Carried
*16.4 An Ordinance Amending the Zoning Map and Sections 325-3,
325-8, and 325-9 of Chapter 325 Entitled "Zoning" of the City of
Ithaca Municipal Code and Further Amending Section 276-2 of
Chapter 276 Entitled "Site Development Plan Review" Regarding
Redemption Centers - Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That Ordinance 93-_____ entitled "An ordinance amending
the zoning map and §§ 325-3, 325-8, and 325-9 of Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code and further
amending § 276-2 of Chapter 276 entitled "Site Development Plan
Review" of the City of Ithaca Municipal Code regarding redemption
centers 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 in the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, October 6, 1993,
7:00 pm, and, be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication a notice in the official newspaper specifying
the time when and the place where such public hearing will be
held, and in general terms describing the proposed ordinance.
Such notice shall be published once at least fifteen days prior to
the public hearing, and, be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed ordinance for its report thereon.
Carried Unanimously
September 1, 1993
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The Ordinance to be considered shall be as follows:
Ordinance No. 93-___
An ordinance amending the zoning map and §§ 325-3, 325-8, and
325-9 of Chapter 325 entitled "Zoning" of the City of Ithaca
Municipal Code and further amending § 276-2 of Chapter 276
entitled "Site Development Plan Review" of the City of Ithaca
Municipal Code regarding redemption centers
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
SECTION 1. That § 325-3 entitled "Definitions and Word Usage"
be amended to include a definition for a "Redemption Center" to
read as follows:
"Redemption Center - A New York State registered facility for
the collection of mandated, clean, source separated, recyclable
materials such as glass, aluminum, bimetal, and plastic
containers."
SECTION 2. That § 325-8 entitled "District Regulations" and
the official zoning map of the City of Ithaca, New York, as last
amended, are hereby amended to add to the permitted primary uses
in the B-2 zone as a use permitted "by special permit of the Board
of Appeals - redemption centers".
SECTION 3. That § 325-9 entitled "Special Permits" is hereby
amended to add a new section be known and designated as § 325-
9.(C)(1)(q) to read as follows: "(q) Redemptions Centers in B-2
Districts."
SECTION 4. That § 276-2 entitled "Applicability" of Chapter
276 entitled "Site Development Plan Review" is hereby amended to
add a new section to be known and designated as § 276-2(B)(10) to
read as follows:
"(10) not withstanding the above, the provisions of this
Chapter shall apply, in all cases, to the development (including
addition and expansion) of redemption centers as a primary use on
a property, regardless of the size of the redemption center."
SECTION 5. That § 325-8 entitled "District Regulations"
and the official zoning map of the City of Ithaca, New York, as
last amended, are hereby amended to add to the permitted accessory
uses in the B-2 zone "Redemption Centers".
SECTION 6. Effective date. This ordinance shall take effect
immediately, in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
Carried Unanimously
*16.5 An Ordinance Amending the Zoning Map Established Pursuant to
Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code
- Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, that Ordinance 93-_____ entitled "An ordinance amending
the zoning map established pursuant to Chapter 325 entitled
'Zoning' of the City of Ithaca Municipal Code and the zoning of a
parcel of land at Franklin and First Streets in the City of
Ithaca" 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 in the aforesaid ordinance to be held
September 1, 1993
13
at the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, October 6, 1993,
7:00 pm, and, be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication a notice in the official newspaper specifying
the time when and the place where such public hearing will be
held, and in general terms describing the proposed ordinance.
Such notice shall be published once at least fifteen days prior to
the public hearing, and, be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed ordinance for its report thereon.
Carried Unanimously
The Ordinance to be considered shall be as follows:
ORDINANCE 93-___
An Ordinance to amend the Municipal Code of the City of
Ithaca, Chapter 325, entitled "Zoning" to change the zoning
designation of certain areas of the City of Ithaca.
BE IT ORDAINED AND ENACTED, by the Common Council of the City
of Ithaca, as follows:
SECTION 1. That the official zoning map of the City of Ithaca,
New York, as last amended, is hereby amended to change the zoning
designation of the following area from P-1 to B-2a:
All that tract or parcel of land situate in the City of
Ithaca, County of Tompkins, the State of New York, more
particularly bounded and described as follows:
Beginning at the intersection of the center line of First
Street with the southeasterly line of New York State Route 13;
running thence southeasterly along the center line of First Street
to its intersection with the center line of Franklin Street;
running thence southwesterly along the center line of Franklin
Street to its intersection with the southeasterly line of New York
State Route 13; running thence northeasterly along the
southeasterly line of New York State Route 13 to the point or
place of beginning, being a triangular parcel of land bounded on
the east by First Street, on the south by Franklin Street, and on
the northwest by New York State Route 13.
SECTION 2. Effective Date. This ordinance shall take effect
immediately and in accordance with law upon publication of notice
as provided in Ithaca City Charter.
*16.6 An Ordinance Amending the Zoning Map Established Pursuant to
Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code
- Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That Ordinance 93-_____ entitled "An ordinance amending
the zoning map established pursuant to Chapter 325 entitled
`Zoning' of the City of Ithaca Municipal Code regarding the zoning
of a parcel of land at South and Meadow Streets in the City of
Ithaca" 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 in the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, October 6, 1993,
September 1, 1993
14
7:00 in the afternoon of that day, and be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication a notice in the official newspaper specifying
the time when and the place where such public hearing will be
held, and in general terms describing the proposed ordinance.
Such notice shall be published once at least fifteen days prior to
the public hearing.
RESOLVED, that the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed ordinance for its report thereon.
The Ordinance to be considered shall be as follows:
ORDINANCE 93-___
An Ordinance to amend the Municipal Code of the City of
Ithaca, Chapter 325, entitled "Zoning" to change the zoning
designation of certain areas of the City of Ithaca.
BE IT ORDAINED AND ENACTED, by the Common Council of the City
of Ithaca, as follows:
SECTION 1. That the official zoning map of the City of Ithaca,
New York, as last amended, is hereby amended to change the zoning
designation of the following area from R-3b to B-2a:
All that tract or parcel of land situate in the City of
Ithaca, County of Tompkins, the State of New York, more
particularly bounded and described as follows:
Beginning at the intersection of the southerly line of South
Street with the easterly line of Meadow Street; running thence
south 82° 31 minutes east along the southerly line of South Street
220.25 feet to a point; running thence south 7° 30 minutes west
35.70 feet to a point; running thence south 52° 30 minutes west
34.31 feet; running thence south 7° 30 minutes west 224.08 feet to
a point; running thence south 37° 30 minutes east 34.31 feet to a
point; running thence south 7° 30 minutes west 35.70 feet to a
point in the northerly line of Wood Street; running thence north
82° 31 minutes west along the northerly line of Wood Street 138.25
feet to the southeast corner of a parcel of land owned by the City
of Ithaca; running thence north 7° 25 minutes 35 seconds east along
the easterly line said City of Ithaca parcel 49.96 feet to a
point; running thence north 82° 28 minutes 55 seconds west along
the northerly line of City of Ithaca Parcel 81.95 feet to a point
in the easterly line of Meadow Street; running thence north 7° 30
minutes 00 seconds east along the easterly line of Meadow Street
to the point or place of beginning.
SECTION 2. Effective Date. This ordinance shall take effect
immediately and in accordance with law upon publication of notice
as provided in Ithaca City Charter.
Discussion followed on the floor with Alderperson Schroeder
explaining the Ordinance and Deputy Director Sieverding answering
questions from Council.
Motion to Defer
By Alderperson Schroeder: Seconded by Alderperson Daley
RESOLVED, That this Call for Public Hearing be deferred until the
October 6, 1993 Common Council meeting.
September 1, 1993
15
Carried Unanimously
*16.7 Lease Agreement with Project Growing Hope
By Alderperson Schroeder: Seconded by Alderperson Efroymson
WHEREAS, Common Council has reviewed the terms of the proposed
long term lease agreement with Project Growing Hope, Inc. for the
use and occupation of the Community Gardens site in the Carpenter
Business Park, and
WHEREAS, pursuant to the Ithaca City Charter the appropriate
public notice of this proposed lease has been published; now,
therefore, be it
RESOLVED, That Common Council does authorize the long term lease
of the Community Gardens site in the Carpenter Business Park in
accordance with the terms and conditions more particularly set
forth in the lease, and, be it further
RESOLVED, That the Mayor be and is hereby authorized to execute
said lease agreement upon advice of the City Attorney.
Carried Unanimously
CHARTER AND ORDINANCE COMMITTEE:
*17.1 An Ordinance Amending Chapter 1 Entitled "Penalties" of the
City of Ithaca Municipal Code
By Alderperson Hoffman: Seconded by Alderperson Blanchard
ORDINANCE NO. 93-
AN ORDINANCE AMENDING Part I, Administrative Legislation, Chapter
1, General Provisions, Article 1, "Penalties" 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. That Chapter 1 entitled "PENALTIES" of the City of
Ithaca Municipal Code is amended to read as follows:
SECTION 1-1. Penalties for Offenses.
A) Unless a different penalty is specified, violations of
the provisions of this code shall be punishable by a fine of not
more than Two Hundred and Fifty Dollars ($250.00) or imprisonment
for a term of not more than fifteen (15) days, or both. For the
purpose of determining the appropriate fine, each day on which the
violation continues to exist shall be considered a separate
offense. In no case shall a term of imprisonment exceeding
fifteen (15) days be imposed as a penalty for violations of this
code, no matter how many days of violation are charged, unless, by
separate code section, the violation has been classified as a
misdemeanor.
B) Notwithstanding the penalty provisions of the preceding
paragraph, or other penalties specified in subsequent sections of
this code, the penalties for violation of the code sections listed
below shall be: not more than forty dollars ($40.00) for a first
offense; not more than sixty dollars ($60.00) for a second offense
and not more than one-hundred dollars ($100.00) for a third
offense, if a conviction for such offense occurs within the same
twelve month period. Each day on which the condition exists may
be charged and shall be considered as a separate offense.
Code Section
September 1, 1993
16
196-5 (Uncollected Garbage)
210-35 (Open Areas)
210-36C (Accessory Structures)
210-38 (Garbage and Refuse)
272-4.D (Mobile Signs)
272-4.E (Banners and Pennants)
285-5 (Sidewalks)
325-23.B.(1) (Yard Maintenance)
325-20.A.(5) (Front Yard Parking)
C) Notwithstanding any contrary code provision, appearance
tickets may be issued by the Building Commissioner and/or
Commissioner's designee(s) charging violations of any of the above
sections whenever there is probable cause to believe that said
violations have occurred. Any rights to administrative appeals to
any board or commission of the City of Ithaca mentioned in any
subsequent section of this code shall not apply as a condition
precedent to issuing an appearance ticket charging a violation of
any of the above-listed code sections. Any right to an
administrative appeal from a decision or determination of the
Building Commissioner or other City official with regard to the
above code sections shall apply only in cases in which the City
intends to correct the violation and seek to charge to property
owner or other responsible party for the costs of correction.
Section 2. Effective date. This ordinance shall take effect
immediately, in accordance with law, upon publication of a notice
as provided in the Ithaca City Charter.
Carried Unanimously
*17.2 An Ordinance Amending Section 285-6 Entitled "Streets and
Sidewalks" of the City of Ithaca Municipal Code
This Ordinance was withdrawn from the Agenda based on the
recommendation of the City Attorney as he feels that this issue is
already covered by the current language in the City Code.
*17.3 An Ordinance to Amend Chapter 325 Entitled "Zoning" of the
City of Ithaca Municipal Code
A. Declaration of Lead Agency Status
By Alderperson Hoffman: Seconded by Alderperson Berg
WHEREAS, State law and § 176.6 of the Ithaca City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and State
environmental law; and
WHEREAS, State law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
with its primary responsibility for approving and funding or
carrying out the action; and
WHEREAS, the proposed ordinance amending the zoning ordinance
regarding yard maintenance requires review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, that the Common Council does hereby declare itself lead
agency for the environmental review of the proposed amendment to
the Municipal Code of the City of Ithaca regarding yard
maintenance.
Carried Unanimously
B. Negative Declaration of Environmental Impact
By Alderperson Hoffman: Seconded by Alderperson Blanchard
September 1, 1993
17
WHEREAS, an amendment to the City of Ithaca Zoning Ordinance
regarding yard maintenance requires review under State and City
Environmental Quality Review Acts, and
WHEREAS, appropriate environmental review has been conducted,
including the preparation of Short Environmental Assessment Form,
and
WHEREAS, it appears that the proposed action is an "unlisted"
action under the State Environmental Quality Review Act (SEQR)
including the Part 617 regulations thereunder, and is an
"unlisted" action under the City Environmental Quality Review Act
(CEQR), and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
does hereby adopt as its own the findings and conclusions more
fully set forth in the Short Environmental Assessment Form dated
August 19, 1993, and, be it further
RESOLVED, That this Common Council, as lead agency in this matter,
does hereby determine that the proposed action will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and,
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachments
in the City Clerk's office and forward the same to all parties as
required by law.
Carried Unanimously
C. Call for a Public Hearing
By Alderperson Hoffman: Seconded by Alderperson Berg
RESOLVED, That Ordinance 93-_____ entitled "An ordinance amending
chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code
is amended to add a new subparagraph (c) to § 325-23.B(1) "Yard
Maintenance" of the City of Ithaca Municipal Code regarding yard
maintenance 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 in the aforesaid ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, August 25, 1993,
7:00 pm, and, be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication a notice in the official newspaper specifying
the time when and the place where such public hearing will be
held, and in general terms describing the proposed ordinance.
Such notice shall be published once at least fifteen days prior to
the public hearing, and, be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed ordinance for its report thereon.
Carried Unanimously
The Ordinance to be considered shall be as follows:
ORDINANCE NO. 93-
September 1, 1993
18
AN ORDINANCE AMENDING 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. That Chapter 325 entitled "Zoning" of the City of
Ithaca Municipal Code is amended to add a new subparagraph (c) to
§ 325-23.B(1) "Yard Maintenance" to read as follows:
(c) The owners of all private property are hereby required
to cut, trim or remove brush, high grass, rubbish and
weeds from their premises along all public rights-of-way
and to keep such areas in proximity to the public right-
of-way, including, but not limited to the lawn areas
between the sidewalk and the curb, in a reasonably clean
and sanitary condition to prevent the breeding of
insects or vermin and to prevent the spreading of
noxious weeds to adjoining premises, as well as to
permit pedestrian traffic wherever practicable along the
public right-of-way. Premises situated at street
intersections or on curved streets shall be kept in such
condition as to give a clear and unobstructed view of
the intersection or curve.
Section 2. That § 325-23B.(2), entitled "Yard Maintenance" is
amended to add an introductory phrase to the first sentence to
read as follows:
(2) In any case in which the City intends to correct a
violation of § 325-23B.(1) and then bill the property owner for
the correction of the violation, the Building Commissioner shall
notify the owner of the property, in writing, of any violation of
this Section. [The rest of the section remains as in the
original]
Section 3. Effective date. This ordinance shall take effect
immediately, in accordance with law, upon publication of a notice
as provided in the Ithaca City Charter.
BUDGET AND ADMINISTRATION COMMITTEE:
*18.1 DPW - Request to Amend 1993 Authorized Personnel Roster
By Alderperson Romanowski: Seconded by Alderperson Efroymson
WHEREAS, the Department of Public Works has recommended that two
full-time meter checker positions be established to provide for
the necessary coverage in the Metered Parking Department, and
WHEREAS, the Metered Parking Department currently has two open and
funded part-time meter checker positions; now, therefore, be it
RESOLVED, That the Department of Public Works' 1993 Authorized
Personnel roster be amended as follows:
Add: Two (2) full-time meter checker positions
and, be it further
RESOLVED, That the two (2) part-time meter checker positions
remain on the authorized personnel roster, unfunded and vacant,
until all Civil Service issues have been resolved, at which time
the two part-time positions will be deleted from the roster; and
be it further
RESOLVED, That the funding for the two full-time meter checker
positions will be derived from within existing DPW Budgets.
September 1, 1993
19
Discussion followed on the floor with Superintendent Gray
answering questions from Council members. A vote on the
Resolution resulted as follows:
Carried Unanimously
*18.2 DPW - Request to Amend Authorized Personnel Roster
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the Department of Public Works has recommended that one
(1) full-time custodial worker position and one (1) half-time
custodial worker position be filled for the purpose of performing
custodial work in the new City Court Facility, and
WHEREAS, the two positions have been funded in the 1993 budget and
approved by Civil Service, and
WHEREAS, currently a full-time custodial worker from the Youth
Bureau building and a half-time custodial worker in the Police
Station are working in the City Court Facility from unauthorized
positions and are currently needed; now, therefore, be it
RESOLVED, That the 1993 Authorized Personnel Roster be amended to
include the following:
Add: one (1) full-time custodial worker
one (1) half-time (20 hours per week)
custodial worker;
and, be it further
RESOLVED, That the current employees in the unauthorized custodial
positions will fill these new positions with funding derived from
within existing funds in the DPW Budget.
Carried Unanimously
*18.3 DPW - Request to Increase Authorization for City Hall HVAC
Capital Project
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the Department of Public Works has solicited bids for
work performed in connection with energy modifications to various
City facilities, and
WHEREAS, the City has applied for, and received approval of
partial funding for this project, through the New York State
Electric and Gas Demand Side Management Program, in the amount of
$149,900, which shall be expended directly by NYSEG for contract
services, and
WHEREAS, the Department of Public Works has recommended that the
City expend up to $197,100 for a total combined project of
$347,000, with the City share being derived as follows:
1. $142,500 for City Hall HVAC and related costs, to be
expended from Capital Project #247, already established
and funded.
2. $54,600 to be expended from a newly-established capital
project, for the Electrical and Heating and Ventilating
Improvements to various City facilities;
now, therefore, be it
RESOLVED, That Capital Project #263 be hereby established for
Electrical and Heating and Ventilating Improvement to Various City
September 1, 1993
20
Facilities, in an amount not to exceed $54,600, such amount to be
financed through the issuance of serial bonds; and be it further
RESOLVED, That the Mayor be authorized to execute an agreement
with NYSEG for the implementation of said grant program.
Carried Unanimously
*18.4 DPW - Request to Increase Authorization for City
Court/Police Renovations Capital Project
By Alderperson Romanowski: Seconded by Alderperson Berg
WHEREAS, it has been determined that additional modifications to
the Heating Ventilating and Air Conditioning (HVAC) system in the
Police Building are required, and
WHEREAS, the Department of Public Works has recommended that the
Police Building Renovations project be amended to include the
following:
1. Install programmable control modules
2. Replace the existing thermostat compressor
3. Replace thermostats on the 2nd, 3rd, and 4th floors
4. Replace steam valves on existing heating units
5. Replace existing radiators to the extent necessary;
now, therefore, be it
RESOLVED, That the New Court and Police Facilities Capital Project
#242 be hereby increased by an amount not to exceed $75,000, to an
amended total authorization of $3,205,000; and be it further
RESOLVED, That said additional funds be derived from the issuance
of serial bonds.
Carried Unanimously
*18.5 Planning Department - Request for City Participation in BID
Assessment
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the City is one of the major property owners downtown,
and
WHEREAS, the proposed Business Improvement District will provide
services and programs which will benefit all property owners and
tenants in the proposed district, and
WHEREAS, the BID Steering Committee has decided to exempt the
traditionally tax exempt organizations from the full BID
assessment but seek financial participation by some of those
entities on the basis of their role as 'residents' of downtown
and
WHEREAS, the enhanced security program proposed in the BID plan is
one of the services that will particularly benefit the City in
terms of increased safety for its employees and clients, and for
other persons, and
WHEREAS, the City is committed to the BID concept as a vehicle for
promoting the well being of the City's downtown areas and
increasing the sales and property tax base; now, therefore, be it
RESOLVED, That the Common Council requests the Mayor to include in
his 1994 proposed budget $12,775 as the City's 'payment' to the
BID. This amount represents a proportional allocation of the BID
budget for enhanced security to the City based on the assessed
value of City owned property measured against the total assessed
value of all property in the BID.
Alderperson Daley disclosed the fact that he owns property within
September 1, 1993
21
this district. A vote on the Resolution resulted as follows:
Ayes (8) Blanchard, Romanowski, Efroymson, Johnson,
Golder, Schroeder, Berg, Hoffman
Nays (0)
Abstentions (1) Daley
Carried
*18.6 Planning Department - Request to Appropriate Funds for 1993
Employee Recognition Picnic
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the 1993 City of Ithaca Employee Recognition Picnic will
be held on Friday, September 17, 1993 starting at 1:00 P.M.; now,
therefore, be it
RESOLVED, That an amount not to exceed $2,400 be transferred from
the unrestricted contingency account A1990 to Account A1430-440 in
order to pay for the 1993 City of Ithaca Employee Recognition
Picnic.
Carried Unanimously
*18.7 Finance Department/Personnel - Request to Release Restricted
Contingency Funds for Employee Newsletter
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, $640 was placed in the restricted contingency account in
the 1993 Budget for the purpose of funding a city employee
newsletter; now, therefore, be it
RESOLVED, That an amount not to exceed $640 be transferred from
Account A1990 Restricted Contingency to Account A1430-425 for the
purpose of covering copying and software costs related to the city
employee newsletter.
Carried Unanimously
*18.8 Fire Department - Request to Amend Paid Fire Fighters
Contract
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the Fire Department has recommended amendments to the
current contract between the City of Ithaca and the Ithaca Paid
Fire Fighters Association to accommodate certain staffing
proposals for the Fire Department, and
WHEREAS, the following proposals have been approved by the Union,
and the Fire Department is continuing to work towards
implementation of the staffing proposals; now, therefore, be it
RESOLVED, That the following amendments be made to the existing
contract between the City of Ithaca and the Ithaca Paid Fire
Fighters Association.
FLOAT LIEUTENANT:
(Add the following language to the existing language)
Upon assignment of two (2) lieutenants to each shift, this clause
shall become null and void for the duration of this agreement.
DESIGNATED LIEUTENANT:
(Add the following language to the existing language)
When an employee is working overtime in an out of title capacity
(see the "Out of Title Work" clause elsewhere in this agreement),
said employee shall be entitled to time and one half in cash or
time (at the employee's option) at the rate specified in the "Out
of Title Work" clause.
OUT OF TITLE WORK:
September 1, 1993
22
When an employee covered by this agreement is assigned to work at
a job classification higher than his/her regular job
classification, his/her salary shall be equal to the minimum
salary for the higher classification. The higher rate of pay
shall apply for all hours actually worked in the higher
classification.
If an employee covered by this agreement does not desire out of
title work, said employee shall not be required to work in a
higher job classification than his/her regular job classification.
If an employee does not wish to work out of title, he/she may
notify the Fire Chief in writing of said request. Requests for
waiver from out of title work may be rescinded by the employee at
any time during regular business hours.
Selection of an employee to work in a higher classification shall
be based upon criteria mutually agreed upon by the Fire Chief and
the Union.
Carried Unanimously
*18.9 Fire Department - Request to Amend 1993 Authorized Personnel
Roster
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the Fire Department is recommending that the 1993
Authorized Personnel Roster be amended by adding three (3)
lieutenant positions to allow for increased flexibility for the
implementation of various staffing proposals to address the
current needs of the Fire Department, and
WHEREAS, the Civil Service Commission has approved the addition of
three lieutenant positions to the roster; now, therefore, be it
RESOLVED, That the 1993 Authorized Personnel Roster be amended as
follows:
Add: three (3) lieutenant positions;
and be it further
RESOLVED, That said lieutenant positions be funded by transferring
existing funding from the following positions:
One (1) Deputy Chief position
Two (2) Fire Fighter positions;
and be it further
RESOLVED, That, by making the above amendment, the overall
authorized positions in the Fire Department will be increased by
three, but the number of funded positions will remain the same.
Alderperson Efroymson expressed his concerns regarding leaving
unfunded positions open. Chief Wilbur stated that leaving these
positions open is important to him as he is attempting to improve
the efficiency of his department. If this particular staffing
plan does not work he will need to have the flexibility to try
alternate staffing plans.
Chief Wilbur stated that if this staffing plan does work, the Fire
Department will request that the Authorized Personnel Roster be
amended so that it will reflect the current staffing situation.
A vote on the Resolution resulted as follows:
Carried Unanimously
September 1, 1993
23
*18.10 Finance Department/Controller - Request to Release
Restricted Contingency Funds for Gadabout
By Alderperson Romanowski: Seconded by Alderperson Berg
WHEREAS, $30,000 was placed in restricted contingency in the 1993
Budget for the purpose of funding Gadabout's shortfall of funding
with respect to operations of the Ithaca Tompkins Transit Center,
and
WHEREAS, the Gadabout shortfall has been realized, and the $30,000
funding is needed to cover Gadabout's Ithaca Tompkins Transit
Center Expenses; now, therefore, be it
RESOLVED, That the $30,000 placed in the Restricted Contingency
Account 1990 be released and transferred to Account A5630-435 Bus
Operation Contracts for the purpose of funding Gadabout's
shortfall of funds with respect to operations of the Ithaca
Tompkins Transit Center.
Carried Unanimously
*18.11 Finance Department/Chamberlain - Request for Tax Penalty
Expungement
By Alderperson Romanowski: Seconded by Alderperson Berg
WHEREAS, the property owner of 624-628 South Meadow Street has
filed a request to waive a $63.60 penalty on tax bills, stating
that the payment had a metered postmark of June 30, 1993, and
WHEREAS, the City Chamberlain has researched the request and found
that the payment had a Rochester Post Office postmark of July 1,
1993; now, therefore, be it
RESOLVED, That the request to waive the tax penalty be denied.
Carried Unanimously
*18.12 Finance Department/Controller - Approval of Ithaca Housing
Authority Salaries Comparability to City Salaries
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the Ithaca Housing Authority is mandated by the
Department of Housing and Urban Development, its funding agency,
to demonstrate that the salaries and wages of the employees of
said Housing Authority are comparable with the practices of the
local governing body for all positions of similar responsibility
and required competence; and
WHEREAS, the City of Ithaca authorized cost of living increases
for 1993, including step increases for qualified employees; and
WHEREAS, the IHA negotiated a three year Contract with the UAW at
7% per year for maintenance employees; and
WHEREAS, the Ithaca Housing Authority authorized a 7% increase for
all qualified employees to bring the IHA employees closer to
parity and comparability with City of Ithaca employees, and
WHEREAS, the IHA has established the following positions,
comparability and salary ranges for its Public Housing Section and
covered by its Operating Budget:
Position Comparable Position Salary
Executive Director Director of Planning & *$45,734-
67,698
Development/Controller
September 1, 1993
24
(1992)
$52,965
(Oper.)
5,885
(Sec. 8)
Salary $58,850
Family Self- Supervisor of Caseworkers $24,000-33,000
Sufficiency Tompkins County DSS Salary $26,750
Principal Account City of Ithaca CSEA *$16,746-
21,189
Clerk/Fiscal Officer (40 hours) Salary $35,502
(16 years)
Administrative City of Ithaca CSEA *$17,716-22,417
Secretary (14 years) Salary $26,793
Site Manager Planner II *$22,125-27,995
(3-1/2 years) (40 hours) Salary $23,719
Tenant Relations Administrative Assistant *$15,750-19,964
Assistant (40 hours) Salary $15,750
Account Clerk-Typist City of Ithaca CSEA *$13,358-16,902
(8 years) (40 hours) Salary $19,220
Sr. Account Clerk- City of Ithaca CSEA *$14,694-
18,593
Typist (3 yrs, 40 hours) (35 hours) $14,294 (Oper.)
7,697 (Sec. 8)
Salary $21,991
Director of Resident Recreation Supervisor *$19,252-24,360
Services (3 years) CSEA (35 hours) Salary $23,253
Resident Initiatives Recreation Supervisor *$19,252-24,360
Coordinator CSEA Salary $25,680
CIAP Program Assistant Civil Engineer *$28,253-
35,749
Coordinator $28,683
(CIAP)
977
(Mgmt)
Salary $29,660
Working Foreman Ithaca City School District ***Range not
(20 years) (40 hours) available
Salary $33,626
Storekeeper City of Ithaca CSEA *$14,211-
17,981
(2 yrs.) (40 hours) (35 hours) Salary $19,463
Building Maintenance Maintainer CSEA $8.75/hour minimum
Mechanic (16 years) (40 hours) IHA $16.16 + O.T.
guaranteed
Salary $27,861
Position Comparable Position Salary
Building Maintenance Maintainer CSEA $8.75/hour minimum
Mechanic (15 years) (40 hours) IHA $12.24 + O.T.
guaranteed
Salary $26,338
September 1, 1993
25
Maintenance Worker City of Ithaca CSEA $8.11/hour
minimum
(12 years) (40 hours) IHA $10.00 + O.T. guaranteed
Salary $20,647
Maintenance Worker City of Ithaca CSEA $8.11/hour
minimum
(8 years) (40 hours) IHA $8.96 + O.T.
guaranteed
Salary $19,267
Maintenance Worker City of Ithaca CSEA $8.11/hour
minimum
(7 years) (40 hours) IHA $8.78 + O.T.
guaranteed
Salary $18,897
Maintenance Worker City of Ithaca CSEA $8.11/hour
minimum
(7 years) (40 hours) IHA $8.78 + O.T.
guaranteed
Salary $18,897
Laborer City of Ithaca CSEA $7.74/hour
minimum
(7 years) (40 hours) IHA $8.22 + O.T.
guaranteed
Salary $17,740
Laborer City of Ithaca CSEA $7.74/hour
minimum
(3-l/2 years) (40 hours) IHA $7.30 + O.T.
guaranteed
Salary $15,714
*1992 latest salary range available
Laborer (Summer help) Seasonal $5.00/hour
$2,600
Laborer (Summer help) Seasonal $5.00/hour
$2,600
Camp Director & Seasonal $15,336
Counselors
SECTION 8 / VOUCHER
Section 8 Administrator Planner II - CSEA *$22,125-
27,995
(5 years) (40 hours) (35 hours) Salary $24,444
Tenant Selector Administrative Assistant *$15,778-19,964
(2 years) (40 hours) CSEA (35 hours) Salary $19,941
Account Clerk/Typist City of Ithaca CSEA *$13,358-16,902
(4 years) (40 hours) (35 hours) Salary $17,281
Account Clerk/Typist City of Ithaca *$13,358-16,902
(5 years) (40 hours) (35 hours) Salary $18,190
Typist City of Ithaca CSEA *$13,358-
16,902
(New) Salary $14,338
September 1, 1993
26
Now, therefore, be it
RESOLVED, that pursuant to its responsibilities under Section 3,
Article 32(1) of the New York State Housing Law the Common Council
agrees that the salaries and wages of the employees of the IHA are
comparable to those paid by the City for all positions of similar
responsibility and required competence.
*18.13 Fire Department - Request to Transfer Funds for Training
Activity
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, the Fire Department anticipates required certification
courses and Fire Academy training for certain staff members for
the remainder of 1993 in the amount of $8,000., and
WHEREAS, the Fire Department needs to cover current shortfalls in
their training account as a result of mandated training for two
new career fire fighters in the amount of $2,000.; now, therefore,
be it
RESOLVED, That $10,000. be transferred from Account A1990
Restricted Contingency to Account A3410-440 Fire Department Staff
Development to fund said training courses.
Carried Unanimously
*18.14 Audit Report
Deputy City Controller Thayer answered questions from Council
members regarding the Audit.
Motion to Reconsider Item 18.12
By Alderperson Romanowski: Seconded by Alderperson Johnson
RESOLVED, That Budget & Administration Agenda Item 18.12 be
reconsidered.
Carried Unanimously
*18.12 Finance Department/Controller - Approval of Ithaca Housing
Authority Salaries Comparability to City Salaries
Mayor Nichols explained that the Budget & Administration Committee
Chair, Richard Booth had requested that the third and fourth
Whereas clauses be deleted from the Resolution. He further
explained that the deletion of this wording would not affect the
meaning of the Resolution.
Amending Resolution
By Alderperson Johnson: Seconded by Alderperson Berg
RESOLVED, That the third and fourth Whereas clauses be deleted
from Agenda Item 18.12.
Carried Unanimously
INTERGOVERNMENTAL RELATIONS COMMITTEE:
*19.1 Purchase of Property 715-721 Willow Avenue
By Alderperson Romanowski: Seconded by Alderperson Johnson
WHEREAS, it is the intention of the City of Ithaca to consolidate
Public Works functions to the extent possible onto the current
site located northwesterly of Route 13, and
WHEREAS, the acquisition by the City of property at 715-721 Willow
Avenue will assist the City in this consolidation of Public Works
functions; now, therefore, be it
RESOLVED, That the City Attorney is directed to negotiate and the
Mayor is authorized to enter into a contract for the acquisition
of property known as 715-721 Willow Avenue under terms more
particularly set forth in the proposed contract.
Amending Resolution
September 1, 1993
27
By Alderperson Romanowski: Seconded by Alderperson Johnson
RESOLVED, That the following Resolved clause be added to the
Resolution:
"RESOLVED, That should an agreement be entered into relative to
this property acquisition, the funds necessary to acquire the
property shall be derived by the issuance of serial bonds."
Discussion followed on the floor regarding the environmental audit
and the consolidation project.
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
NEW BUSINESS:
*22.1 Sale of Surplus Theater Chairs to Kitchen Theater Company
By Alderperson Daley: Seconded by Alderperson Johnson
WHEREAS, the Kitchen Theater Company should be encouraged to
remain downtown, and
WHEREAS, the City of Ithaca has surplus chairs that were purchased
with ARC funds, and
WHEREAS, these chairs are in danger of severe deterioration as a
result of a roof leak in the storage room, and
WHEREAS, the use of the chairs by the Kitchen Theater Company
would promote a public benefit for the citizens of the City, and
WHEREAS, the building where the chairs are stored is slated for
demolition and the value of the chairs is more than offset by the
cost of moving and storing them; now, therefore, be it
RESOLVED, That the Common Council allow the Kitchen Theater
Company to make use of the theater chairs provided that the
Kitchen Theater removes the chairs in a timely manner, and, be it
further
RESOLVED, That if the transfer were to take place before repayment
of the ARC grant, that permission from ARC be obtained first, or
an appropriate agreement be entered into providing for temporary
use of the chairs by the Kitchen Theater.
Discussion followed on the floor regarding the value of the chairs
and what would happen if the Kitchen Theater Company went out of
business. Alderperson Blanchard stated that the Hangar Theater
also expressed a general interest in any salvageable items from
the Strand including the chairs. Mayor Nichols stated that he is
hoping the City will be able to support the Hangar Theater in the
near future in terms of downtown performances, and he would like
to help both companies.
Alderperson Daley noted that he will abstain from voting on this
Resolution as he is the Treasurer of the Kitchen Theater Company.
A vote on the Resolution resulted as follows:
Ayes (8) Blanchard, Romanowski, Efroymson, Johnson,
Golder, Schroeder, Hoffman, Berg
Nays (0)
Abstentions (1) Daley
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 11:30 pm.
September 1, 1993
28
Julie Conley Holcomb Benjamin Nichols
Deputy City Clerk Mayor