HomeMy WebLinkAboutMN-CC-1994-01-05January 5, 1994
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 P.M. January 5, 1994
PRESENT:
Mayor Nichols
Alderpersons (9) - Johnson, Shenk, Gray, Booth, Schroeder,
ABSENT:
Alderperson - Thorpe (excused)
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
Superintendent of Public Works - Gray
Planning and Development Director - VanCort
Deputy City Controller - Thayer
Youth Bureau Director - Cohen
Board of Public Works Commissioner - Reeves
Building Commissioner - Eckstrom
Police Chief - McEwen
Planning and Development Deputy Director - Sieverding
Deputy Fire Chief - Dorman
Fire Chief - Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the December 1, 1993 Common Council
Meeting
Mayor Nichols requested that the approval of the Minutes of the
December 1, 1993 Common Council meeting be postponed until the
February 2, 1994 Common Council meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Services Committee
Alderperson Johnson requested that a report on the Human Services
Committee achievements be added to the agenda.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider the Sale of 123 South Cayuga Street
(the City Hall Annex)
Resolution to Open Public Hearing
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to consider the sale of 123
South Cayuga Street (City Hall Annex) be declared open.
Carried Unanimously
City Attorney Guttman explained that the City is in negotiations
for the proposed sale of the City Hall Annex.
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to consider the sale of 123
South Cayuga Street (City Hall Annex) be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Board of Public Works
Mayor Nichols requested Council approval for the reappointment of
Carol C. Reeves, 303 Linn Street and Denise Rusoff, 209 Hudson
January 5, 1994
Street, to the Board of Public Works with terms to expire
December 31, 1996.
Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the re-appointment of Carol
C. Reeves and Denise Rusoff to the Board of Public Works with
terms to expire December 31, 1996.
Carried (9-0)
Bicycle Advisory Council
Mayor Nichols requested Council approval for the re-appointment
of Lois Chaplin, 7 Penny Lane, with a term to expire December 31,
1996; the appointment of Patricia Karr-Segal, 905 North Tioga
Street, with a term to expire December 31, 1996; and the
appointment of Thomas Shevory, 422 North Titus Avenue, with a
term to expire December 31, 1995.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That this Council approves the re-appointment of Lois
Chaplin to the Bicycle Advisory Council with a term to expire
December 31, 1996 and the appointment of Patricia Karr-Segal and
Thomas Shevory to the Bicycle Advisory Council with terms to
expire December 31, 1996 and December 31, 1995 respectively.
Carried (9-0)
Board of Appeals on Building Code
Mayor Nichols requested Council approval for the re-appointment
of Charles R. Wilson, 412 West State Street, to the Board of
Appeals on Building Code, with a term to expire December 31,
1996.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the re-appointment of
Charles R. Wilson to the Board of Appeals on Building Code with a
term to expire December 31, 1996.
Carried (9-0)
Board of Zoning Appeals
Mayor Nichols requested Council approval for the re-appointment
of Constance R. Thomas, 114 Delaware Avenue and Franklin Moore,
116 Dearborn Place, to the Board of Zoning Appeals with terms to
expire December 31, 1996.
Resolution
By Alderperson Gray: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the re-appointment of
Constance R. Thomas and Franklin Moore to the Board of Zoning
Appeals with terms to expire December 31, 1996.
Carried (9-0)
The Cable Commission
Mayor Nichols requested Council approval for the re-appointment
of James A. Ferwerda, 312 First Street and for the appointment of
Helen Grimm, 800 South Plain Street, to The Cable Commission,
with terms to expire December 31, 1998 and December 31, 1995
respectively.
Resolution
By Alderperson Johnson: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the re-appointment of James
A. Ferwerda and the appointment of Helen Grimm to The Cable
Commission with terms to expire December 31, 1998 and December
31, 1995 respectively.
Carried (9-0)
January 5, 1994
Conservation Advisory Council
Mayor Nichols requested Council approval for the re-appointment
of Peter McDonald, 1110 North Tioga Street; the re-appointment of
Rob Shapiro, 313 Columbia Street; and the appointment of Daniel
Hoffman, 607 North Tioga Street, to the Conservation Advisory
Council with terms to expire December 31, 1995.
Resolution
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That this Council approves the re-appointment of Peter
McDonald and Rob Shapiro and the appointment of Daniel Hoffman to
the Conservation Advisory Council with terms to expire December
31, 1995.
Carried (9-0)
Design Review Board
Mayor Nichols requested Council approval for the re-appointment
of William S. Downing, 215 North Cayuga Street and Douglas Look,
105 Cascadilla Park, to the Design Review Board with terms to
expire December 31, 1996.
Resolution
By Alderperson Sams: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the re-appointment of
William S. Downing and Douglas Look to the Design Review Board
with terms to expire December 31, 1996.
Carried (9-0)
Disability Advisory Council
Mayor Nichols requested Council approval for the appointment of
Tina Champion, 324 Spencer Road, and John Ives, 512 Miller Road,
Newfield, to the Disability Advisory Council with terms to expire
June 30, 1996 and June 30, 1995.
Resolution
By Alderperson Sams: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the appointment of Tina
Champion and John Ives to the Disability Advisory Council with
terms to expire June 30, 1996 and June 30, 1995, respectively.
Carried (9-0)
Examining Board of Electricians
Mayor Nichols requested Council approval for the re-appointment
of Joseph A. Kohm, 313 Warren Place, and the appointment of Tom
Blecher, 313 Utica Street, to the Examining Board of
Electricians, with terms to expire December 31, 1996 and December
31, 1995.
Resolution
By Alderperson Johnson: Seconded by Alderperson Hanna
RESOLVED, That this Council approves the re-appointment of
Joseph A. Kohm and the appointment of Tom Blecher to the
Examining Board of Electricians with terms to expire December 31,
1996 and December 31, 1995, respectively.
Carried (9-0)
Ithaca Landmarks Preservation Commission
Mayor Nichols requested Council approval for the re-appointment
of Mary R. Tomlan, 200 Delaware Avenue and Stephen Somogy, 413
Linn Street to the Ithaca Landmarks Preservation Commission with
terms to expire December 31, 1996.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Mackesey
January 5, 1994
RESOLVED, That this Council approves the re-appointment of Mary
R. Tomlan and Stephen Somogy to the Ithaca Landmarks Preservation
Commission with terms to expire December 31, 1996.
Carried (9-0)
Ithaca Landmarks Preservation Commission
Mayor Nichols requested Council approval for the appointment of
Robert Doherty, 314 Taylor Place, to the Ithaca Landmarks
Preservation Commission, with a term to expire December 31, 1996.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the appointment of Robert
Doherty to the Ithaca Landmarks Preservation Commission, with a
term to expire December 31, 1996.
Ayes (7) - Mackesey, Shenk, Sams, Efroymson, Schroeder,
Nays (2) - Booth, Johnson
Carried (7-2)
Alderpersons Booth and Johnson noted that their dissent has
nothing to do with Mr. Doherty but is in support of a current
Board member.
Mayor Nichols stated for the record that this appointment has
nothing whatsoever to do with a lack of competence or any lack of
appreciation for the work of the outgoing Board member, who has
served for many years. He feels that membership on Boards should
keep rotating to some extent.
Parks Commission
Mayor Nichols requested Council approval for the re-appointment
of Nina Bassuk, 1345 Mecklenburg Road; Margaret Hobbie, 966 East
State Street; and Leilani B. Peck, 516 Chestnut Street, to the
Parks Commission with terms to expire December 31, 1996.
Resolution
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That this Council approves the re-appointment of Nina
Bassuk, Margaret Hobbie and Leilani B. Peck to the Parks
Commission with terms to expire December 31, 1996.
Carried (9-0)
Community Police Board
Mayor Nichols requested Council approval for the following:
Re-appointment
Robert Sarachen
103 West Seneca Street Term expires December 31, 1996
Re-appointment
Carol Seligmann
115 Eastwood Terrace Term expires December 31, 1996
Appointment
Rev. William W. Johnson
114 Third Street Term expires December 31, 1995
Appointment
Regi Teasley
207 South Titus Avenue Term expires December 31, 1996
Appointment
Camilla Lappin Lisbe
837 North Aurora Street Term expires December 31, 1994
Resolution
By Alderperson Johnson: Seconded by Alderperson Efroymson
January 5, 1994
RESOLVED, That this Council approves the re-appointments and
appointments to the Police Community Board with terms to expire
as noted.
Carried (9-0)
Shade Tree Advisory Committee
Mayor Nichols requested Council approval for re-appointment of
Nina Bassuk, 1345 Mecklenburg Road, and Mary Ellen Rossiter, 316
North Geneva Street, to the Shade Tree Advisory Committee, with
terms to expire December 31, 1996.
Resolution
By Alderperson Hanna: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the re-appointment of Nina
Bassuk and Mary Ellen Rossiter to the Shade Tree Advisory
Committee with terms to expire December 31, 1996.
Carried (9-0)
Rental Housing Advisory Commission
Mayor Nichols requested Council approval for the following new
appointments to the Rental Housing Advisory Commission:
Charles Johns (landlord)
138 Honness Lane (non-res) Term expires December 31, 1996
Dennis Merryfield (tenant)
311 Turner Place Term expires December 31, 1996
Shari Woodward (non-profit, tenant)
528 West Buffalo Street Term expires December 31, 1996
W. Pearce Brown (tenant)
316 East Court Street Term expires December 31, 1995
Jane Schafrik (landlord)
1491 Trumansburg Road Term expires December 31, 1995
Charles G. Woodcock
406 East Marshall Street Term expires December 31, 1995
Robyn Jenks (tenant, non-res.)
278 Hayts Road Term expires December 31, 1994
Carl Kadlic (non-profit, tenant)
110 Dryden Road Term expires December 31, 1994
George Musser (tenant)
440 East Buffalo Street Term expires December 31, 1994
Resolution
By Alderperson Schroeder: Seconded by Alderperson Hanna
RESOLVED, That this Council approves the appointments to the
Rental Housing Advisory Commission as listed above, with terms to
expire as noted.
Carried (9-0)
City Prosecutor
Mayor Nichols announced that he has appointed Linda Falkson, 405
Salem Drive, as City Prosecutor with a term to expire December
31, 1995.
Housing Board of Review
Mayor Nichols announced that he has appointed the following to
the Housing Board of Review:
Re-appointment
Charette Wheelis
307 Fairmount Avenue Term expires December 31, 1996
Re-appointment
Alvin Nelson
502 South Albany Street Term expires December 31, 1994
Appointment:
Stephen G. Wilson
433 North Geneva Street Term expires December 31, 1996
January 5, 1994
Planning and Development Board
Mayor Nichols announced that he has appointed Carolyn Peterson,
406 East Buffalo Street, to the Planning and Development Board,
with a term to expire December 31, 1996.
Youth Bureau Advisory Council
Mayor Nichols announced that he has re-appointed Heather M.
Tallman, 317 Richard Place and M. John Sherman, 205 Hillview
Place to the Youth Bureau Advisory Council, with terms to expire
December 31, 1996.
Common Council Committees
Mayor Nichols announced his assignments to the following
committees of Council:
Budget and Administration Youth
Booth (Chair) Shenk (Chair)
Gray Efroymson
Johnson Hanna
Shenk Sams
Nichols (ex officio) Nichols (ex officio)
Staff: Controller Staff: Youth Bureau
Director
Planning Inter-Institutional
Schroeder (Chair) Efroymson (Chair)
Mackesey Booth
Sams Hanna
Thorpe Thorpe
Nichols (ex officio) Nichols(ex officio)
Staff: Planning Director Staff: City Attorney
Economic Development
Mackesey (Chair)
Gray
Johnson
Schroeder
Nichols (ex officio)
Staff: Deputy Planning Director
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Mr. Alan Cohen, 224 East State Street, welcomed new Alderpersons
and presented all Alderpersons with the book "Reinventing
Government".
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following:
Parking Change - On December 8 the Board passed a resolution for
a parking change in the 300 block of Columbia Street. The
designation was for "No parking from 9 a.m. to Noon" to help
relieve congestion for the residents.
Unitarian Church Request - The Unitarian Church requested that
they be able to bag meters on Sunday mornings in order to have
handicapped accessible spaces available to them for their Sunday
morning church services and the Board granted that request.
Downtown Ithaca Inc. Request - The Downtown Ithaca Inc.
requested that the Board establish an additional exit out of the
Seneca Street Parking Ramp two weeks prior to Christmas to
alleviate the traffic jams leaving from the Tioga Street exit.
The Board granted the request and opened the exit on the Seneca
Street side and it worked very well.
All Way Stop Signs - As a result of the Board's decision to aid
pedestrian crossing, the Board passed a resolution to place an
All-Way Stop sign at South Plain Street and South Titus Avenue.
January 5, 1994
Parking at the Strand Theatre Site - On December 22, 1993, the
Board passed a resolution authorizing the Mayor to work out an
agreement with RHP for parking at the Strand Theatre site. The
lot is currently set up for two hour parking during the day, with
no parking from 2 a.m. til 6 a.m.
Discussion followed regarding the parking lot at the Strand
Theatre site and Commissioner Reeves answered questions from
Council members.
Disability Advisory Council
Jessica Skinges, a member of the Disability Advisory Council,
welcomed the new Council members and stated that the DAC is
looking forward to working with the new liaison, Diann Sams.
PLANNING AND DEVELOPMENT COMMITTEE:
* 15.1 An Ordinance Amending Section 325-47 Entitled "Penalties
for Offenses" of Chapter 325 Entitled "Zoning" of the City of
Ithaca Municipal Code - Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, That Ordinance No. 94- entitled "An Ordinance
Amending Article X Section 325.47.A" of Chapter 325 entitled
'Zoning' of the City of Ithaca Municipal Code regarding
responsibility for penalties for violation of the provisions of
the Zoning Ordinance 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, February 2, 1994,
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.
Alderperson Schroeder explained the proposed ordinance.
Carried (9-0)
The ordinance to be considered shall be as follows:
ORDINANCE NO. 94 ----
An Ordinance Amending Article X Section 325.47.A
RESOLVED, That Section 325-47.A. of the Municipal Code (Zoning)
be amended to read as follows:
If a property is in violation of any provision of this
chapter, the owner of the property shall be guilty of
an offense. In addition any other person who shall
violate any provision of this chapter shall be guilty
of an offense. Each day's continued violation
constitutes a separate offense unless otherwise
provided herein.
January 5, 1994
* 15.2 A Local Law Amending Section 325-41 Entitled "Board of
Appeals; Variances" of Chapter 325 Entitled "Zoning" of the City
of Ithaca Municipal Code -Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That Local Law No. 1 of the year 1994 amending Section
325.41 of the City of Ithaca Municipal Code regarding the Zoning
Board of Appeals and the granting of variances by the Zoning
Board of Appeals 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 local law to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, February 2, 1994,
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 local
law. 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 local law for its report thereon.
The Local Law to be considered shall be as follows:
Local Law No. 1 of the year 1994
City of Ithaca
A local law amending Section 325-41 of the City of Ithaca
Municipal Code regarding the Zoning Board of Appeals and the
granting of variances by the Zoning Board of Appeals.
WHEREAS, the State of New York by Chapter 208 of the Laws of
1993, among other things, amended the General City Law in
relation to Zoning Boards of Appeals and repealed and amended
certain provisions of the General City Law relating thereto; and
WHEREAS, Chapter 208 amended the General City Law by adding a new
section 81-e which provides that the provisions of Article 5-A
entitled "Buildings and use Districts" shall not apply to any
city having a population in excess of 1,000,000, except that any
such city may, by local law, provide that the article or any
section thereof may apply to such city. Accordingly, Chapter 208
and Article 5-A of the General City Law are not a general laws
but rather special law, which, pursuant to the Municipal Home
Rule Law, the city has the right and authority to supersede; and
WHEREAS, Section 81 of the General City Law, as amended, relates
to the organization, appointment, number of members and duties of
Zoning Boards of Appeals; and
WHEREAS, Section 81-b of the General City Law, as amended sets
forth the powers and duties permitted by the Zoning Board of
Appeals, specifies that the Zoning Board of Appeals may grant use
or area variances, and identifies circumstances under which
variances may be granted; and
WHEREAS, the current Zoning Board of Appeals of the City of
Ithaca and this Council have reviewed Section 81 and Section 81-b
of the General City Law, as amended, and believe that,
considering the special circumstances of the City of Ithaca, that
it would be consistent with the best interest of the City of
Ithaca to supersede certain sections of Section 81 and of Section
81-b; and
WHEREAS, in particular, considering the fact that this Council
takes great interest in the make up of Boards and Commissions,
January 5, 1994
this Council believes that it would be in the best interest of
the City of Ithaca if members of the Zoning Board of Appeals were
appointed and vacancies in the Zoning Board of Appeals were
filled by the Mayor with the consent of Common Council as apposed
to being filed by the Mayor as provided in Sections 81(1) and
81(7) of the General City Law; and
WHEREAS, in particular, considering that members of the Zoning
Board of Appeals are highly qualified individuals and often
professionals, that it would be in the best interest of the City
of Ithaca if the Chairperson of the Zoning Board of Appeals was
to be
elected by the Zoning Board of Appeals as opposed to being
designated by the mayor as provided in Section 81(1) of the
General City Law; and
WHEREAS, in particular, considering that there are many Boards
and Commissions in the City of Ithaca and considering that
service on the Zoning Board of Appeals requires a significant
time commitment, that the City would have better success in
recruiting the most qualified persons to serve on the Zoning
Board of Appeals if the term of office were less than five years
and that therefore, it would be in the best interest of the City
of Ithaca if the term of office for members on the Zoning Board
of Appeals were three years; and
WHEREAS, in particular, considering that this Council has, by
ordinance no 91-14, and on October 2, 1991 by Ordinance No. 91-18
provided that if the Zoning Board of Appeals grants an area or
use variance which requires construction for which a building
permit is necessary and the construction has not been initiated
or completed within a specified period of time that the variance
should become void and Council now believes that such provisions
regarding the expiration of variances are in public interest even
though such provisions are not included in Chapter 208 of the
laws of 1993; and
WHEREAS, in particular, considering that this Council has, in an
attempt to encourage development which would produce a positive
change in the character of neighborhoods; will increase the
accessibility or adaptability of property for handicapped or
disabled persons; will have a positive impact on the amount,
type, price or location of the City's supply of affordable
housing; and will enhance or foster the preservation of the
scenic or natural beauty of the area, its architectural
character, historical resources or other rare or irreplaceable
features, and this Council has previously set forth certain
additional standards which the Zoning Board of Appeals may
consider in evaluating a request for an area variance, this
Council believes that it would be in the best interest of the
City of Ithaca if such additional factors were to be among those
which the Zoning Board of Appeals may consider in determining
whether to grant a request for an area variance, as opposed to
only considering the factors set forth in section 81-b(4) of this
General City Law.
Now Therefore,
BE IT ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. That Section 325-41 entitled "Board of Appeals;
Variances" is hereby repealed in its entirety and replaced with
the following language:
"Section 325-41 Board of Appeals; Variances.
A. Creation, Appointment and Organization.
1. Appointment of members. The Mayor, with the
consent of the Common Council, shall appoint a Board of Appeals
January 5, 1994
consisting of Five (5) members. The Board at the first regular
meeting each year, shall elect one of its own members as
Chairperson. In the absence of the Chairperson at any meeting,
the Board of Appeals may designate a member to serve as acting
Chairperson. The Building Commissioner shall be the Secretary of
the Board of Appeals. In making such appointments, the Mayor may
require Board of Appeals members to complete training and
continuing education courses.
2. Legislative Body Members Ineligible. No person who
is a member of the Common Council shall be eligible for
membership on such Board of Appeals.
3. Terms of Members First Appointed. In the creation
of a new Zoning Board of Appeals or the re-establishment of terms
of the existing Board, the appointment of members to the Board
shall be for terms so fixed so that one member's term shall
expire at the end of 1994; that two member's terms shall expire
at the end of 1995; and that two members terms shall expire at
the end of 1996. At the expiration of each original member's
appointment, the replacement member shall be appointed for a term
of three years.
4. Vacancy in Office. If a vacancy shall occur
otherwise than by expiration of term, the Mayor, with the consent
of Common Council, shall appoint the new member for the unexpired
term.
5. Removal of Members. The Mayor shall have the power
to remove, after public hearing, any member of the Zoning Board
of Appeals for cause. Any Zoning Board of Appeals member may be
removed for non-compliance with any minimum requirements relating
to meeting attendance and training established by the Common
Council.
6. Compatibility of Offices. Municipal officials or
employees on the Board of Appeals shall not, by reason of
membership thereon, forfeit their right to exercise the powers,
perform the duties, or receive the compensation of the municipal
office held by them during such membership. No municipal officer
or employee shall be appointed to the Zoning Board of Appeal in
the event such officer or employee cannot carry out his or her
position without a conflict in the performance of his or her
duties as a member of the Zoning Board of Appeals.
7. Chairpersons Duties. All meetings of the Board of
Appeals shall be held at the call of the Chairperson and at such
other times as the Board may determine. Such chairperson or, in
his or her absence, the acting chairperson, may administer oaths
and compel the attendance of witnesses.
B. Board of Appeals Procedure. The procedure of the Zoning
Board of Appeals shall be governed by Section 81-a of the General
City Law of the State of New York.
C. Permitted Action by the Board of Appeals.
1. Definitions. As used in this section:
(a) "Use variance" shall mean the authorization by the
zoning board of appeals for the use of land for a purpose which
is otherwise not allowed or is prohibited by the applicable
zoning regulations.
(b) "Area variance" shall mean the authorization by
the zoning board of appeals for the use of land in a manner which
is not allowed by the dimensional or physical requirements of the
applicable zoning regulations.
2. Orders, requirements, decisions, interpretations,
determinations. The board of appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
January 5, 1994
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as
in its opinion ought to have been made in the matter by the
administrative official charged with the enforcement of such
ordinance or local law and to that end shall have all the powers
of the administrative official from whose order, requirement,
decision interpretation or determination the appeal is taken.
3. Use variances.
(a) The board of appeals, on appeal from the decision
or determination of the administrative official charged with the
enforcement of such ordinance or local law, shall have the power
to grant use variances, as defined herein.
(b) No such use variance shall be granted by a board
of appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary
hardship. In order to prove such unnecessary hardship the
applicant shall demonstrate to the board of appeals that for each
and every permitted use under the zoning regulations for the
particular district where the property is located:
(i) the applicant cannot realize a reasonable
return, provided that lack of return is substantial as
demonstrated by competent financial evidence;
(ii) that the alleged hardship relating to the
property in question is unique, and does not apply to a
substantial portion of the district or neighborhood;
(iii) that the requested use variance, if
granted, will not alter the essential character of the
neighborhood; and
(iv) that the alleged hardship has not been self-
created.
(c) The board of appeals, in the granting of use
variances, shall grant the minimum variance that it shall deem
necessary and adequate to address the unnecessary hardship proven
by the applicant, and at the same time preserve and protect the
character of the neighborhood and the health, safety and welfare
of the community.
4. Area Variances.
(a) The zoning board of appeals shall have the power,
upon an appeal from a decision or determination of the
administrative official charged with the enforcement of such
ordinance or local law, to grant area variances as defined
herein.
(b) In making its determination, the zoning board of
appeals shall take into consideration the benefit to the
applicant if the variance is granted, as weighed against the
detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination the
board shall also consider:
(i) whether an undesirable change will be
produced in the character of the neighborhood or a detriment to
nearby properties will be created by the granting of the area
variance;
(ii) whether the benefit sought by the applicant
can be achieved by some method feasible for the applicant to
pursue, other than an area variance;
January 5, 1994
(iii) whether the requested area variance is
substantial;
(iv) whether the proposed variance will have an
adverse effect or impact on the physical or environmental
conditions in the neighborhood or district; and
(v) whether the alleged difficulty was self-
created, which consideration shall be relevant to the decision of
the board of appeals, but shall not necessarily preclude the
granting of the area variance.
(c) In making its determination, the zoning board of
appeals may also take into consideration the following factors:
(i) whether the requested variance represents a
relatively minor deviation from the area requirements in
question.
(ii) whether a substantial positive change will
be produced in the character of the neighborhood.
(iii) whether granting the variance will increase
the accessibility or adaptability for handicapped or disabled
persons.
(iv) whether granting the variance will have a
positive impact on the amount, type, price or location of the
City's supply of affordable housing; in order for the board to
consider this factor, the applicant must demonstrate that there
exists a binding legal obligation to provide housing, for a
period not less than 15 years, which is affordable to low - or
moderate - income families or individuals, as defined by federal
regulations or other clearly recognized standards.
(v) whether granting the variance will enhance or
foster the preservation of the scenic or natural beauty of the
area, its architectural character, historic resources or other
rare or irreplaceable features.
If the applicant wishes the board to consider any of these
additional factors, the burden of proof is on the applicant to
clearly identify the factor and to submit sufficient evidence to
establish that this factor applies.
(d) the board of appeals, in the granting of area
variances, shall grant the minimum variance that it shall deem
necessary and adequate and at the same time preserve and protect
the character of the neighborhood and the health, safety and
welfare of the community.
5. Imposition of conditions. The board of appeals shall,
in the granting of both use variances and area variances, have
the authority to impose such reasonable conditions and
restrictions as are directly related to and incidental to the
proposed use of the property. Such conditions shall be consistent
with the spirit and intent of the zoning ordinance, and shall be
imposed for the purpose of minimizing any adverse impact such
variance may have on the neighborhood or community.
6. Expiration of variances.
(a) When an area variance is granted by the Board of
Appeals which enables an applicant to do construction which
requires a building permit or a use variance is granted by the
Board of Appeals and construction which requires a building
permit is necessary for conversion to the use for which the
variance is granted, and the applicant has not obtained a
building permit to construct the building or part thereof for
which the variance has been granted and initiated the
January 5, 1994
construction work within two (2) years from the date of the
granting of the variance, said variance shall become void.
(b) When an area variance is granted by the Board of
Appeals which enables an applicant to do construction which
requires a building permit, or a use variance is granted by the
Board of Appeals and construction which requires a building
permit is necessary for conversion to the use for which the
variance is granted and a building permit is necessary for
conversion to the use for which the variance is granted and a
building permit to construct the building or part thereof for
which the variance has been granted has been obtained, and the
construction has not been substantially completed prior to the
expiration of the building permit, said variance shall become
void.
(c) When a use variance is granted by the Board of
Zoning Appeals and no construction which requires a building
permit is necessary for conversion to the use for which the
variance is granted and the applicant has not obtained a
certificate of occupancy for the use for which the variance was
granted within two (2) years from the date of the granting of the
variance, the variance shall become void.
7. Appeals. Appeals from decisions of the Board of Zoning
Appeals shall be governed by Section 81-c of the General City
Law.
Section 2. Effective date. This local law shall take
effect immediately after filing with the office of the Secretary
of State.
Discussion followed on the floor.
Motion to Refer Back to Committee
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That the Local Law amending Section 325-41 Entitled
"Board of Appeals; Variances" - Call for public hearing, be
referred back to the Planning Committee for further review and
consideration.
Carried (9-0)
* 15.3 Planning Department Work Program 1994
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, the Department of Planning and Development's proposed
1994 Work Program has been reviewed by the Planning and
Development Board and by the Planning and Development Committee;
now therefore be it
RESOLVED, That the Common Council designate the following
projects as "High Priority Projects" for 1994:
- Continuation of Planning Projects Already in
Inlet Island
Southwest Area Land Use Study
Downtown Design Plan.
- Meadow Street Land Use and Rezoning Study
- Transportation Issues:
Rt. 96 Project (coordination with N.Y.S. D.o.T.)
City Bicycle Plan
Odd/Even Parking Revisions
Response to Traffic Task Force
Parking Benefit Assessment District
Provide assistance to M.P.O. for Long Range Trans
- Economic Development:
Apply for Economic Development Zone Status
Seek Tenants for Carpenter Business Park
Consider Expansion of Cherry Street Industrial
January 5, 1994
- Coordination of City/Town/County Planning:
Complete the analysis of comprehensive plan optio
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That the wording under Coordination of City/Town/County
Planning be deleted and that a sixth item be added to read as
follows:
" - Decision on Whether to Undertake New City Comprehensive
Plan
(based on an analysis of comprehensive plan options, inclu
Extensive discussion followed on the floor with Planning and
Development Director Van Cort answering questions from Council
members.
Revision to the Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That the wording under "Coordination of
City/Town/County Planning" be deleted and that a sixth item be
added to read as follows:
" - Decision on Whether to Undertake New City Comprehensive
Plan
(based on an analysis of comprehensive plan options, inclu
the Town of Ithaca and the
County.)"
Ayes (8) - Schroeder, Gray, Hanna, Johnson, Booth, Sams,
Nay (1) - Efroymson
Carried (8-1)
Amending Resolution
By Alderperson Booth:
RESOLVED, That "Southwest Area Land Use Study" be deleted from
Item one.
Discussion followed on the floor.
Motion failed for lack of a second.
Main Motion as Amended
A vote on the Main Motion as amended resulted as follows:
Carried (9-0)
Economic Development Zones - Report on Application to New York
State for Zone Status
Alderperson Schroeder reported that the City is submitting an
application to have the City designated as an Economic
Development Zone City. He explained what elements make a city
eligible for this status.
Discussion followed on the floor with Planning and Development
Deputy Director Sieverding answering questions from Council
members. The application must be completed by the end of
February. Presumably we will be considering this at the February
Committee of the Whole meeting with "Power to Act".
HUMAN SERVICES COMMITTEE:
Report on Committee Work
Alderperson Johnson reported that a great deal of the committee's
work in 1993 involved the consolidation of funding of human
services in the City and the County, as well as the work that was
done with the Police/Community Relations Steering Committee.
He noted that there are many on-going matters that will be need
to be picked up by other committees in 1994.
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.1 Designation of Official Depositories
January 5, 1994
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That pursuant to Section C-34 of the City Charter, the
Tompkins County Trust Company and the Fleet Bank be, and they
are, hereby designated as the official depositories of all City
Funds for the year 1994, as follows:
TOMPKINS COUNTY TRUST COMPANY
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca Operating Fund 01-201-001004
Employees Group Insurance Deductions 08-201-001004
City of Ithaca Payroll Fund 04-201-001004
Guaranty and Bid Deposits 05-201-001004
City Tax Sale Redemption 05-201-001004
Health Facility Agreement 05-201-001004
Deposit on Water Meters 05-201-001004
Sale of Unclaimed Property 05-201-001004
Circle Greenway 05-201-001004
Conference on College and Community 05-201-001004
Center for Expressive Arts 05-201-001004
Peter DeWysocki Memorial Fund 05-201-001004
Cemetery Fund 05-201-001004
Fire Department Recognition Banquet 05-201-001004
Commons Cultural Tourism 05-201-001004
West End Trees 05-201-001004
Gene Slater Memorial Fund 05-201-001004
Jack Kiely Scholarship Fund 05-201-001004
DeWitt Park Improvement Fund 05-201-001004
Employees N.Y.S. Withholding Tax 08-201-001004
Employees U.S. Savings Bonds 08-201-001004
Centennial Art Work 05-201-001004
Central Business District Trees 05-201-001004
N.Y.S. Policemen's and Firemen's
Retirement System 08-201-001004
N.Y.S. Employees Retirement System 08-201-001004
Ithaca Centennial Inc. 01-101-096437
GIAC Youth Enterprise Fund 05-201-001004
Hazardous Material Control Plan 05-201-001004
FICA Overpayment Reimbursement 05-201-001004
Central Business District Trees 05-201-001004
Juvenile Firesetter's Program 05-201-001004
Capital Reserve Fund #4 - Bridges 01-201-001055
Capital Reserve Fund #11 - Parks and
Recreation Areas 01-201-001055
Capital Reserve Fund #14 - Parking Areas 01-201-001055
Capital Reserve Fund #15 - Fire Engine
Replacement 01-201-001055
Capital Reserve Fund #16 - Development of
Water Sources 01-201-001055
Capital Reserve Fund #17 - Sewer Construction 01-201-001055
Capital Reserve Fund #17A - Mandatory
Reserve for Sewer Plant Construction 01-201-001055
Capital Reserve Fund #20 - West Hill Water
and Sewer Replacement 01-201-001055
Capital Reserve Fund #22 - Bus Replacement 01-201-001055
Capital Reserve Fund #23 - Public Works
Equipment 01-201-001055
Capital Reserve Fund #24 - Energy Conservation 01-201-001005
Capital Reserve Fund #25 - Capital Improvements 01-201-001005
Capital Reserve Fund #26 - Land Acquisition 01-201-001005
Capital Reserve Fund - Joint Activity Fund 01-101-099762
FLEET BANK
ACCOUNT NAME ACCOUNT NUMBER
Firemen's Relief Fund 267-010001
City of Ithaca Construction Fund 267-010842
Ithaca Area Wastewater Treatment Plant -
Phase II 267-012276
Ithaca Area Wastewater Treatment Plant -
Phase III 267-365187
January 5, 1994
Carried (9-0)
* 18.2 Designation of Official Newspaper
By Alderperson Booth: Seconded by Alderperson Shenk
RESOLVED, That pursuant to Section C-113 of the City Charter, the
Ithaca Journal be and is hereby designated as the official
newspaper of the City of Ithaca for the year 1994.
Ayes (8) - Booth, Mackesey, Sams, Johnson, Efroymson, Hanna,
Gray, Shenk
Abstention (1) - Schroeder (conflict of interest)
Carried (8-1)
* 18.3 Collateral to Secure Deposits
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the collateral deposited by the Tompkins County
Trust Company and the Fleet Bank as reported, be approved as to
form and sufficiency.
Carried (9-0)
* 18.4 Public Employee's Blanket Bond
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That pursuant to Section 11 of the Public Officers'
Law, the following Bond, which is on file in the Office of the
City Clerk, be, and is hereby approved in all respects for the
year
1994.
Faithful Performance Blanket $250,000 Peerless
Bond Coverage Insurance Co.
Carried (9-0)
* 18.5 Designation of Common Council Meetings
By Alderperson Booth: Seconded by Alderperson Shenk
RESOLVED, That the regular meetings of the Common Council, for
the year 1994, be held at 7:00 P.M., on the first Wednesday of
each month, in the Common Council Chambers, at City Hall, 108
East Green Street, Ithaca, New York, unless otherwise determined
by Common Council.
Carried (9-0)
* 18.6 Finance Department/Controller - Approval of 1994 Community
Services Agencies Contracts
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Mayor be authorized to execute the following
1994 contracts with Community Services Agencies, in accordance
with the adopted 1994 City budget:
Project Growing Hope $ 517
Community Arts Partnership 10,000
Human Services Coalition 12,000
Tompkins County Area Development Corp. 3,000
Finger Lakes Association 1,000
Celebrations - Flag Day 283
Celebrations - Veterans Day 517
Tompkins Cortland Labor Coalition 12,600
DeWitt Historical Society 5,000
Cornell Cooperative Extension 4,260
Partnership for Youth 10,000
Ithaca Festival 5,670
Sciencecenter After School Program 1,500
Leadership and Multicultural Alliance 1,250
Multicultural Resource Center 3,300
Carried (9-0)
* 18.7 Mayor - Request to Release Contingency Funds for Lay
Advocate Program
By Alderperson Booth: Seconded by Alderperson Johnson
January 5, 1994
WHEREAS, a revised plan (dated January 3, 1994) for the
implementation of a Lay Advocacy Program has been submitted by
Chemung County Neighborhood Legal Services Inc., and
WHEREAS, Common Council has reviewed and accepted said proposal,
which provides for and is limited to the selection, training and
supervision of lay advocates; now, therefore, be it
RESOLVED, That $10,000 be transferred from Account 1990
Restricted Contingency to A1012-435 Contractual Services with
Community Service Agencies, for said purpose.
Discussion followed on the floor.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hanna
RESOLVED, That in the second Whereas clause, before the word
"accepted", the word "generally" be inserted.
Carried (9-0)
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That a Resolved Clause be added to the resolution to
read as follows:
"Common Council hereby establishes the following goals and
objectives for the lay advocates program, as recommended by
Chemung County Neighborhood Legal Services, Inc., as follows:
I. Creating a reliable two-way channel of communication
between the Ithaca Police Department and the community.
A. Providing information and advice to community
members who might be hesitant to call the police
or the Police Commissioners.
B. Providing information regarding community
concerns, complaints and inquiries to the
Community Police Board and the Chief of Police.
II. Serving as advocates for individuals or groups within
the community who might want to make complaints to the
Community Police Board or the Chief.
A. Providing information and advice regarding the
complaint procedure.
B. Referring complainants to appropriate community
resources other than the Community Police Board as
appropriate.
C. Assisting and/or representing complainants through
the complaint process as appropriate."
Discussion followed on the floor with Alderperson Booth
explaining why he felt this Resolved Clause should become part of
the resolution.
A vote on the amending resolution resulted as follows:
Carried (9-0)
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That at the end of the final Resolved clause, the
following words be added:
", provided that this authorization of the use of City money
to provide funding for this program does not include any
authorization for Chemung County Neighborhood Legal Services to
provide attorney-client services to any person."
January 5, 1994
Extensive discussion followed on the floor. No vote was taken on
this amending resolution.
Motion to Refer Back to Committee
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the proposal for a Lay Advocates Training Program
be referred back to the Budget and Administration Committee for
further review and consideration.
Carried (9-0)
* 18.8 Police Department - Request to Authorize Police Chief to
Sign SPCA Rabid Animal Contract
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Police Department has recommended that the Society
for the Prevention of Cruelty to Animals (SPCA) be engaged to
pick up
and dispose of suspected rabid raccoons and other rabid animals,
when called in by Police personnel; now, therefore, be it
RESOLVED, That subject to the review of the City Attorney, the
Chief of Police be authorized to execute an agreement with the
SPCA for 1994, at a per incident charge to be determined by the
Police Chief and the City Controller, within existing 1994 budget
appropriations.
Carried (9-0)
* 18.9 Finance Department/Controller - Request to Approve 1992
Single Audit Report
By Alderperson Booth: Seconded by Alderperson Hanna
RESOLVED, That the Single Audit Report for the period of January
1, 1992 through December 31, 1992 prepared by the accounting firm
of Ciaschi, Dietershagen, Little and Mickelson C.P.A.'s, be
accepted to comply with all of the City's applicable Federal
Single Audit and Related Audit requirements.
Carried (9-0)
* 18.10 Planning Department - Request to Approve Cherry Street Option A
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Vegetable Kingdom, Inc., owners of the Moosewood
Restaurant, intends to purchase the Ithaca Soy Foods Company,
Inc. and relocate the business from the Markles Flats Building to
Cherry Street Industrial Park, and
WHEREAS, locating this business in Cherry Street Industrial Park
will retain nine jobs and lead to the creation of additional
employment in a manner consistent with the goals of creating the
industrial park, and
WHEREAS, Ithaca Soy Foods Company is a business which meets the
terms of the leasing policy for the industrial park, and
WHEREAS, an option agreement has been negotiated with the
Vegetable Kingdom which gives Vegetable Kingdom a twelve month
period to design, obtain approval and financing for and commence
construction of an approximately 3,000 sq. ft. building to be
built on a site not to exceed one acre, and
WHEREAS, the Option Agreement will convert to the standard Cherry
Street Industrial Park lease agreement once construction has
commenced on the site, and
WHEREAS, the Economic Development Committee of the I.U.R.A. has
recommended to the I.U.R.A. that this Option Agreement be
executed, now therefore be It,
RESOLVED, that the Mayor, as Chair of the I.U.R.A and subject to
the advice of the City Attorney and Director of Planning and
Development, is authorized to execute said option agreement with
the Vegetable Kingdom, Inc. for a one-half acre to one acre site
in Cherry Street Industrial Park for a period not to exceed
January 5, 1994
twelve months. The exact size of the site will be determined by
the Vegetable Kingdom's projections for future growth and the
size site needed to accommodate that growth, but will, in any
event, not be larger than one acre.
Carried (9-0)
* 18.11 Planning Department - Request to Temporarily Amend
Personnel Roster
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That based on a request initiated by the employee
involved, the personnel roster of the Planning and Development
Department is hereby temporarily amended by reducing the full-
time position of the Environmental and Landscape Planner from 35
hours to 30 hours per week from January 1, 1994 to December 31,
1994, or as the Director of Planning and Development may
determine, and be it further
RESOLVED, That the Director of Planning and Development may
return the position to its full-time status at an earlier date
should he determine that the volume of work requires that the
position return to its full-time 35 hour per week status.
Carried (9-0)
* 18.12 Fire Department - Request to Amend Fire Department Authoriz
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Assistant Fire Chief Edward C. Sharp has announced his
intention to retire, effective March 13, 1994, and
WHEREAS, the Municipal Training Officer (Lee LaBuff) has been
temporarily assigned to cover Assistant Chief Sharp's shift
commander responsibilities, and
WHEREAS, Chief Wilbur has recommended that a sixth Assistant
Chief's position be temporarily established in the interest of
providing shift commander coverage, and allowing the Municipal
Training Officer to return to his normal duties; now, therefore,
be it
RESOLVED, That the authorized roster for the Fire Department be
hereby amended to include a sixth Assistant Fire Chief position,
and be it further
RESOLVED, That the Fire Department's authorized roster shall
return to the normal level of five Assistant Chiefs on the
effective date of Assistant Chief Sharp's retirement.
Carried (9-0)
* 18.13 Fire Department - Request to Amend Current Ithaca Paid
Fire Fighters Association Contract
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Fire Department has recommended amendments to the
1993-94 contract between the City of Ithaca and the Ithaca Paid
Fire Fighters Association, to reflect a change in the hours of
work sections, and the related Kelly Time section, and
WHEREAS, the following amendments have been approved by the
Ithaca Paid Fire Fighters Association; now therefore, be it
RESOLVED, That the following amendments be made to the existing
contract (which amendments will terminate when said contract
comes to an end) between the City of Ithaca and the Ithaca Paid
Fire Fighters Association:
Hours of Work:
(Replace paragraph 2 with the following language)
Tours of duty shall consist of two (2) consecutive day shifts,
followed by two (2) consecutive night shifts, followed by four
(4) days off.
January 5, 1994
Kelly Time:
(Replace item #4 and examples of employee's Kelly Time options #3
with the following)
4. Cash for Kelly Time shall be paid in forty-eight (48)
hour increments.
Examples of Kelly Time Options.
3. 48 hours paid, 48 hours off.
Carried (9-0)
* 18.14 Finance Department/Controller - Request to Approve Purchasi
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca adopted a purchasing policy on
January 7, 1976, and
WHEREAS, Section 104(6) of the General Municipal Law requires the
governing body of every municipality to adopt a procurement
policy for all goods and services which are not required by law
to be publicly bid, and
WHEREAS, comments have been solicited from all officers in the
City of Ithaca involved in the procurement process; now,
therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby
adopt the procurement policy (dated 12/24/93) which is intended
to apply to all goods and services which are not required by law
to be publicly bid.
Carried (9-0)
* 18.15 Bond Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
BOND RESOLUTION DATED JANUARY 5, 1994.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,713,125 SERIAL BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST
OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital
projects hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital projects; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific objects or purposes or classes
of objects or purposes of paying the costs of the following
capital improvements in and for the City of Ithaca, Tompkins
County, New york, there are hereby authorized to be issued
$1,713,125 serial bonds of said City pursuant to the provisions
of the Local Finance Law, apportioned among such improvements in
accordance with the maximum estimated cost of each. Such
improvements are as follows:
a) The reconstruction of various streets and roadways in and
for said City, including incidental improvements and
expenses in connection therewith, at a maximum estimated
cost of $400,000.
January 5, 1994
It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is
fifteen years, pursuant to subdivision 20(c) of paragraph a
of Section 11.00 of the Local Finance Law.
b) The reconstruction of the Linn Street bridge at the
intersection of Linn Street, Court Street and University
Avenue, including incidental improvements and expenses in
connection therewith, at a maximum estimated cost of
$60,000. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or
purpose is twenty years, pursuant to subdivision 10 of
paragraph a of Section 11.00 of the Local Finance Law.
c) The reconstruction of the intersection at the old Elmira
Road with Meadow Street, including incidental improvements
and expenses in connection therewith, at a maximum estimated
cost of $250,000. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is fifteen years, pursuant to the subdivision 20(c)
of paragraph a of Section 11.00 of the Local Finance Law.
d) To pay part of the cost of the reconstruction of various
sidewalks within the City, including incidental improvements
and expenses in connection therewith, at a maximum estimated
cost of $75,000. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or
purposes is ten years, pursuant to subdivision 24 of
paragraph a of Section 11.00 of the Local Finance Law.
e) The reconstruction of the recreational area at the Greater
Ithaca Activities Center, including incidental improvements
expenses in connection therewith, at a maximum estimated
cost of $25,000. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or
purpose is five years, pursuant to subdivision 35 of
paragraph a of Section 11.00 of the Local Finance Law.
f) The reconstruction of the Youth Bureau building by
installation of an air conditioning system, including
incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $100,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is ten years,
pursuant to subdivision 13 of paragraph a of Section 11.00
of the Local Finance Law.
g) The reconstruction of portions of the Central Fire Station,
including incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $73,125. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is twenty years,
pursuant to subdivision 12(a) of paragraph a of Section
11.00 of the Local Finance Law.
h) The purchase of a recycling vehicle, including incidental
expenses in connection therewith, at a maximum estimated
cost of $50,000. It is hereby determined that the period of
probable usefulness if the aforesaid specific object or
purpose is ten years, pursuant to subdivision 6 of paragraph
a of Section 11.00 of the Local Finance Law.
i) The purchase of a garbage packer and body, including
incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $60,000.
It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is
ten years, pursuant to subdivision 6 of paragraph a of
Section 11.00 of the Local Finance Law.
January 5, 1994
j) The purchase and installation of parking meters on Thurston
Avenue, including incidental expenses in connection
therewith, at a maximum estimated cost of $40,000. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is five years,
pursuant to subdivision 50 paragraph a of Section 11.00 of
the Local Finance Law.
k) The purchase of a parcel of land adjacent to an existing
Department of Public Works facility, commonly known as 715-
721 Willow Avenue in the City of Ithaca, Parcel #16-1-4, of
approximately 2.5 acres, including incidental expenses in
connection therewith, for use by the Department of Public
Works, at a maximum estimated cost of $385,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is thirty years,
pursuant to subdivision 21(a) of paragraph a of Section
11.00 of the Local Finance Law.
l) To pay part of the cost of computer equipment for the Fire
Department, including incidental expenses in connection
therewith, at a maximum estimated cost of $15,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is five years,
pursuant to subdivision 35 of paragraph a of Section 11.00
of the Local Finance Law.
m) To pay part of the cost of computer equipment for the
Finance Department, including incidental expenses in
connection therewith, at a maximum estimated cost of
$30,000. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or
purpose is ten years, pursuant to subdivision 81(a) of
paragraph a Section 11.00 of the Local Finance Law.
n) The purchase of a highway paver, including incidental
expenses in connection therewith, at a maximum estimated
cost of $150,000. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or
purpose is fifteen years, pursuant to subdivision 28 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 2. The aggregate maximum estimated cost of the
aforesaid specific objects or purposes or classes of objects or
purposes is $1,713,125., and the plan for the financing thereof
is by the issuance of the serial bonds authorized by Section 1
hereof, allocated to each specific object or purpose or class of
objects or purposes in accordance with the maximum estimated cost
of each.
Section 3. Subject to the provisions of the Local Finance
Law, the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 4. The faith and credit of said City of Ithaca,
Tompkins County, New York, are hereby irrevocably pledged for the
payment of the principal of and interest on such obligations as
the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the
principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the
taxable real property in said City a tax sufficient to pay the
principal of and interest on such obligations as the same become
due and payable.
January 5, 1994
Section 5. The bonds authorized pursuant to this bond
resolution shall be in fully registered form and shall be signed
in the name of the City of Ithaca, Tompkins County, New York, by
the manual or facsimile signature of the City Controller and
facsimile of its corporate seal shall be imprinted or impressed
and attested by the manual of facsimile signature of the City
Clerk.
Section 6. The powers and duties of advertising such bonds
for sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein
relating to such bonds, including prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the
method for recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the printing
and delivery of said bonds (and if said bonds are to be executed
in the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a fiscal
agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with
other issues, shall be determined by the City Controller. It is
hereby determined that it is to the financial advantage of the
City not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring bonds
transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance
Law, no such charges shall be so collected by the fiscal agent.
Such bonds shall contain substantially the recital of validity
clause provided for in Section 52.00 of the Local Finance Law and
shall otherwise be in such form and contain such recitals in
addition to those required by Section 52.00 of the Local Finance
Law, as the City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 9. This resolution shall constitute a statement of
official intent for the purposes of Treasury Regulations Sections
1.150-2(d) and (e). Other than as specified in this resolution,
no monies are, or are reasonably expected to be, reserved,
allocated on long-term basis, or otherwise set aside with respect
to the permanent funding of the object or purpose described
herein.
Section 10. This resolution, which takes effect
immediately, shall be published in full in the Ithaca Journal,
January 5, 1994
the official newspaper, together with a notice of the City Clerk
in substantially the form provided in Section. 81.00 of the Local
Finance Law.
A roll call vote for the bond resolution resulted as follows:
Efroymson - Aye Mackesey - Aye
Booth - Aye Johnson - Aye
Hanna - Aye Gray - Aye
Schroeder - Aye Shenk - Aye
Sams - Aye Thorpe - Absent
Ayes (9)
Nays (0)
Carried (9-0)
* 18.16 Finance Department/Controller - Request to Amend Capital
Project for Computer Acquisition
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the City Controller has recommended that the existing
Finance Department computer be upgraded to a more effective and
compatible system, and
WHEREAS, the City Controller has coordinated the proposed
acquisition of computer equipment and related software and
conversion of existing software applications with the City
Computer Committee, to insure compatibility with future
networking considerations, and
WHEREAS, the costs of the recommended upgrade can be amortized
over a five year period, with effective savings from reduced
hardware maintenance costs covering most of the anticipated
costs; now, therefore, be it
RESOLVED, That Capital Project #211 Computer Acquisition be
increased by an amount not to exceed $30,000 for the acquisition
of hardware and related software, and conversion of existing
software applications, and be it further
RESOLVED, That the funds for such computer upgrade be financed
through the issuance of serial bonds.
Carried (9-0)
* 18.17 Youth Bureau - Request to Temporarily Amend Personnel
Roster
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That based on a request initiated by the employee
involved and on a determination by the Director of the Youth
Bureau that the request will not significantly affect current
department operations, the personnel roster of the Youth Bureau
is hereby temporarily amended by reducing the part-time position
of a Youth Program Coordinator from 25 hours to 17 hours per week
from January 1, 1994 to December 31, 1994.
Carried (9-0)
ADJOURNMENT
On a motion the meeting adjourned at 9:25 p.m.
Callista F. Paolangeli Benjamin Nichols
January 5, 1994
City Clerk Mayor