HomeMy WebLinkAboutMN-CC-1994-02-02February 2, 1994
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. February 2, 1994
PRESENT:
Mayor Nichols
Alderpersons (9) - Mackesey, Shenk, Sams, Efroymson, Booth,
ABSENT:
Alderperson Johnson (excused)
OTHERS PRESENT:
City Controller - Cafferillo
City Clerk - Paolangeli
Deputy City Controller - Thayer
Superintendent of Public Works - Gray
City Attorney - Guttman
Building Commissioner - Eckstrom
Youth Development Coordinator - Green
Police Chief - McEwen
Planning and Development Director - Van Cort
Planning and Development Deputy Director - Sieverding
Board of Public Works Commissioner - Reeves
Personnel Administrator - Saul
Board of Representatives - Lerner
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
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, That the Minutes of the December 1, 1993 Common Council
meeting be approved as published with a correction as noted by
Alderperson Efroymson.
Carried Unanimously
Approval of Minutes of the December 29, 1993 Special Common
Council Meeting
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That the Minutes of the December 29, 1993 Special
Common Council meeting be approved as published.
Carried Unanimously
Approval of Minutes of the January 1, 1994 Special Common Council
Meeting
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That the Minutes of the January 1, 1994 Special Common
Council meeting be approved as published with a correction as
noted by Alderperson Schroeder.
Carried Unanimously
Approval of Minutes of the January 5, 1994 Common Council Meeting
By Alderperson Shenk: Seconded by Alderperson Thorpe
RESOLVED, That the Minutes of the January 5, 1994 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Mayor Nichols stated that there will be a resolution added to the
agenda regarding the CSEA Administrative Unit labor contract.
No Council member objected.
New Business
February 2, 1994
Mayor Nichols requested the addition of an Ordinance amending
Chapter 346 entitled "Vehicles and Traffic" in the City of Ithaca
Municipal Code regarding emergency snow routes.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
A Public Hearing to Consider an Ordinance Amending Section 325-47
Entitled "Penalties for Offenses" of Chapter 325 Entitled
"Zoning" of the City of Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, That the public hearing to consider an Ordinance
amending Section 325-47 entitled "Penalties for Offenses" of
Chapter 325 entitled "Zoning" of the City of Ithaca Municipal
Code be declared open.
Carried Unanimously
Alderperson Schroeder explained the proposed changes.
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Mackesey: Seconded by Alderperson Shenk
RESOLVED, That the public hearing to consider an Ordinance
amending Section 325-47 entitled "Penalties for Offenses" of
Chapter 325 entitled "Zoning" of the City of Ithaca Municipal
Code be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
IURA/Citizens Advisory Committee
Mayor Nichols requested Council approval for the following
appointments to the IURA/Citizens Advisory Committee, all with
terms to expire December 31, 1994:
From Target Areas (West Hill, Southside, Northside, Fall Creek)
Michael Cannon Jan Douglas Clay Hamilton
409 West Buffalo St. 515 First St. 516 West Green St.
Andy Foster
216 Wood St.
Agency Representatives
Deidre Silverman - EOC, Red Cross, HOMES, Inc.,
Board - Homeless Agencies Coordination
Lucy Brown/Carol Mallison - Board & Staff INHS
Tom West - Ithaca Department of Public Works
Representatives of other Committees, Boards
Doug Dylla - IURA
Susan Cummings - IURA
City Wide
Alan Cohen Steve Ehrhardt
302 E. State St. 409 S. Albany St.
Matundu Makalani
502 S. Plain St.
Resolution
By Alderperson Mackesey: Seconded by Alderperson Schroeder
RESOLVED, That this Council approves the appointments to the
IURA/Citizens Advisory Committee, as noted above, with terms to
expire December 31, 1994.
Carried Unanimously
Youth Bureau Advisory Council
Mayor Nichols requested Council approval for the appointment of
Angel Sierra, 22 Mather Street, Binghamton, to the Youth Bureau
Advisory Council with a term to expire December 31, 1996.
February 2, 1994
Resolution
By Alderperson Hanna: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the appointment of Angel
Sierra to the Youth Bureau Advisory Council with a term to expire
December 31, 1996.
Carried Unanimously
Bicycle Advisory Council
Mayor Nichols requested Council approval for the appointment of
Martha Fischer, 653 Spencer Road, to the Bicycle Advisory Council
with a term to expire December 31, 1994.
Resolution
By Alderperson Gray: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the appointment of Martha
Fischer to the Bicycle Advisory Council with a term to expire
December 31, 1994.
Carried Unanimously
Conservation Advisory Council
Mayor Nichols requested Council approval for the appointment of
Bart Guetti, 906 N. Tioga Street, to the Conservation Advisory
Council, with a term to expire December 31, 1995.
Resolution
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That this Council approves the appointment of Bart
Guetti to the Conservation Advisory Council with a term to expire
December 31, 1995.
Carried Unanimously
Six Mile Creek Advisory Committee
Mayor Nichols requested Council approval for the appointments as
listed below to the Six Mile Creek Advisory Committee, with terms
to expire as noted:
Nancy Ramage Peter Fortunato
964 E. State Street 172 Pearsall Place
December 31, 1996 December 31, 1995
Marjorie Z. Olds John F. (Jack) Booker
100 Renzetti Place 308 Eastwood Avenue
December 31, 1994 December 31, 1994
Resolution
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the appointments to the Six
Mile Creek Advisory Committee as listed above with terms to
expire as noted.
Carried Unanimously
Six Mile Creek Advisory Committee
Mayor Nichols stated that additional members of the Six Mile
Creek Advisory Committee must be members of other bodies and are
mayoral appointments not requiring Council approval. They will
be:
From Common Council: From Board of Public
Works:
John Johnson Jill Tripp
946 E. State St. 114 Monroe St.
December 31, 1994 December 31, 1994
From Conservation Advisory Council:
(City of Ithaca) From Circle Greenway:
Dan Hoffman Beth Mulholland
607 N. Tioga St. 105 Penny Lane
December 31, 1994 December 31, 1994
February 2, 1994
From Town of Ithaca Conservation Advisory Board:
Richard Fischer
135 Pine Tree Road
December 31, 1994
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL
Sidewalks - Snow and Ice
Ms. Irene Stein, 207 Ithaca Road, Director of the County Office
for the Aging, addressed Council regarding the proposed fees for
residents not clearing their walks of snow and ice. She stated
that she believes this regulation is unfair to the elderly who
cannot afford to get help or who simply cannot find help clearing
their sidewalks. She requested that the appropriate department
take a look at this problem and stated the Office for the Aging
would be glad to work with the City to find a solution to this
problem.
Bike Racks
Ms. Faye Gougakis spoke to Council regarding the need to shovel
the snow from around the bike racks for the bicyclists in the
City.
RESPONSE TO THE PUBLIC:
Sidewalks - Snow and Ice
Alderpersons Shenk, Mackesey, Hanna and Schroeder responded to
Ms. Stein's concerns for the elderly in regard to the problem of
removing snow and ice from their sidewalks.
Mayor Nichols stated that the matter will be reviewed by the
Board of Public Works and solutions should be forthcoming.
REPORT OF COUNTY BOARD OF REPRESENTATIVES:
Mr. Eric Lerner, Second Ward Representative, addressed Council on
the following matters:
Procedures on Liaison Reports Between City and County Government
- The new procedure will be for each of the five City Reps on the
County Board to do one liaison report to Common Council in the
course of the year.
Mr. Lerner stated that in the past the Mayor has periodically
organized meetings for all of Council and the City Reps on the
County Board and he encouraged him to continue to do that.
Changes in County Government - We can expect some changes in how
Tompkins County conducts their business. Everything from the
structure of the committees of the Board of Representatives, how
departments are structured, how the budget is handled, what the
budget process will be, how personnel relations are handled is
being examined and changes can be expected throughout this
process.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Parks Commission
Ms. Jo-anne Cornish-Epps, Chairperson for the Parks Commission,
reported to Council that the commission has been working on
Southwest Park Alienation and recommendations for substitute park
lands; Inlet Island; the Festival Lands and the Draft Master
Plan for Allan H. Treman. They are conducting an ongoing park
inventory and an amenities inventory and proposed improvements
for the parks, as well as signage for the parks. Public awareness
for the dog waste clean-up law is being promoted and they are
also working on an annual report that will be forthcoming to
Council.
Board of Public Works
Commissioner Reeves reported to the Council on the following:
Increase for Parking Garages - At the January 12, 1994 meeting
the Board passed a resolution proposing increases for the parking
garages and the Woolworth lot. After lengthy discussion the Board
February 2, 1994
increased the fees for the uncovered spaces and covered spaces in
the Green Street Ramp and also increased the rates and the number
of permits available for the Woolworth lot. The Board did not do
anything with the Seneca Street Ramp proposal because the DII was
interested in seeing more security measures taken at that
location. The Board will be addressing those issues and
hopefully something will be worked out by June 1. The Council
will be kept posted on the progress of those discussions.
COMMUNICATIONS FROM THE MAYOR:
Snow Emergency Procedures
Mayor Nichols referred to his column in today's Ithaca Journal,
regarding snow removal from the streets and sidewalks.
Mayor Nichols explained the snow emergency procedures that will
be in place once Council passes the Snow Emergency Ordinance.
REPORT OF CITY CLERK:
Annual Disclosure Statements
City Clerk Paolangeli reminded Council members that the Annual
Disclosure Statements need to be turned into her office in the
month of February.
REPORT OF CITY ATTORNEY:
City Attorney Guttman reported to Council on the following
matters:
ACC Dispute - The City's dispute with ACC has been settled. The
agreement has been signed, the Memorandum of Understanding has
been filed in the City Clerk's office. City Attorney Guttman
explained the changes in the agreement.
Board of Zoning Appeals - On January 11, 1994, City Attorney
Guttman went to Albany to argue on behalf of the City an appeal
which was brought by Betsy Darlington, Marty Blodgett and Paul
Glover against the City and the BZA. This case has to do with an
application by Thorntree for a variance for the site which is
proposed for the Wal-Mart development. City Attorney Guttman
explained the background on the matter and said that the judge
should be making a decision soon.
Seacord Property - On January 20, 1994 the City purchased from
Ron Seacord the property at 715-721 Willow Avenue. The City
acquired this property to be part of the Department of Public
Works consolidation.
Center Ithaca Bankruptcy Case - The limited partnership, which
was headed by Stan Goldberg and the Citizens Savings Bank, are
both filing with the bankruptcy court amended plans of re-
organization. These plans provide that the property will be sold
at a public auction. A group of investors, headed by Mack
Travis, has entered into a contract with Citizens and Ithaca
Center Associates. The
basic terms of that contract is that the group will pay the sum
of $3,325,000 for the non-cash assets of the project. The cash
assets, after payment of administrative expenses of the
bankruptcy, will be paid to Citizens Savings Bank.
The offer which the Travis group has submitted provides that all
contracts with respect to the property which includes the atrium
agreements, the operating agreement which covers the elevator and
the public restrooms, as well as all other leases will be assumed
by the buyer. If this plan is approved by the bankruptcy court,
the bankruptcy court will conduct in Albany a public auction.
The Travis group's bid of $3,325,000 will be considered the first
bid in that auction. Anyone who wishes may bid more but the next
bid must be at least $100,000 greater. All subsequent bids must
contain the same terms regarding the assumption of contracts and
everything else which is in the Travis bid. The amended plan
also states that all outstanding real estate taxes will be paid
February 2, 1994
in full. However, other than the payment of real estate taxes,
there will be no payment to the City of Ithaca.
ECONOMIC DEVELOPMENT COMMITTEE:
Committee Plans
Alderperson Mackesey reported that the Economic Development
Committee is formulating goals for the committee. She commented
on the suggestions that the committee is considering pursuing.
Economic Development Zone Application
Alderperson Mackesey stated that the committee is in the process
of working on the application at this time. Hopefully, by the
Economic Development Committee meeting on February 15, 1994 they
will have the application ready to be reviewed by Council
members.
Alderperson Mackesey noted that this application will be ready
for Council action at the February 23, 1994 Committee of the
Whole meeting.
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.1 GIAC - Request to Amend 1994 GIAC Budget
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, G.I.A.C. has been notified that they will receive a
$15,000 grant from the Ben & Jerry's Foundation to continue the
Youth Enterprise Project at G.I.A.C., and
WHEREAS, the funds will be used to educate and assist city youth
on opportunities in business; now, therefore, be it
RESOLVED, That the City of Ithaca accepts the $15,000 grant from
the Ben & Jerry's Foundation, and be it further
RESOLVED, That the 1994 Budget be amended to fund the G.I.A.C.'s
Youth Enterprise Project as follows:
Increase Revenue Account:
A2070 Contributions for Youth $15,000.00
Increase Appropriation Accounts:
A7311-435-1100 GIAC Program - Contracts $7,513.50
A7311-445-1100 GIAC Program - Travel 3,000.00
A7311-460-1100 GIAC Program - Program Supplies
4,486.50
Carried Unanimously
* 17.2 Attorney/Personnel - Request Approval of 1994-1996 City
Executive Association Contract
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the Agreement between the City of Ithaca and the
City Executive Association for a new three-year contract
retroactive to January 1, 1994 and expiring on December 31, 1996,
be approved as recommended by the Assistant City Attorney, and
that the Mayor and City Clerk be authorized and directed to sign
and execute the contract on behalf of the City under its
corporate seal.
Carried Unanimously
* 17.3 Attorney/Personnel - Assignment of Positions to
Management Compensation Plan
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That the positions of City Clerk and City Chamberlain
be, and hereby are, assigned to the Management Compensation Plan
at a 1994 salary range of $34,561 - $51,154.
Carried Unanimously
* 17.4 Attorney/Personnel - Request to Approve Fringe Benefits
for Managerial Personnel
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That the current fringe benefits for managerial
personnel not covered by a bargaining unit be amended as follows:
a. Replace the current Section 1 (Vacation) with the following
section:
February 2, 1994
1. Annual Leave:
Effective January 1, 1994, managerial employees shall earn
annual leave on a monthly basis in accordance with the following
schedule:
Length of Service 40 hours/week 35 hours/week
up to 2 years 10 hr/month 9 hr/month
2 - 7 years 13.5 hr/month 12 hr/month
7 - 20 years 17 hr/month 15
hr/month
20 or more years 20 hr/month 18
hr/month
Annual leave may be accumulated up to a maximum of forty
(40) days; provided, however, that no more than thirty (30) days
of accumulated annual leave shall be paid on separation from
service. Annual leave in excess of this amount may be applied
toward the purchase of health and dental insurance upon
retirement.
An employee may elect to cash in up to ten (10) days of
unused annual leave in December of any calendar year.
b. Amend Section 2 (Holidays) by deleting two floating
holidays.
c. Amend Section 5 (Sick Leave Buyout) by increasing $9,000 to
$10,000.
d. Delete Section 6 (Personal Leave) and renumber the remaining
sections.
e. Amend Section 14 (Educational Assistance) to read as
follows:
14. Educational Assistance:
The City of Ithaca agrees to pay the tuition for education
courses, including technical and trade schools, to assist
employees in furthering their education and enhancing their
ability and effectiveness on the job.
Such assistance shall be limited to courses which are related to
an employee's position and which will further development in the
performance of the employee's duties. Additionally, the employee
must receive a passing grade in the course before reimbursement
will be issued.
Educational assistance shall be limited to two courses per
calendar year for permanent or provisional employees. No
employee shall receive assistance for more than a career limit of
twenty courses. The City shall pay the actual per hour tuition
cost of any approved courses, provided that any employee who
receives educational assistance shall reimburse the City for the
cost of any course if the employee chooses to leave City
employment within six months of the conclusion of that course.
Carried Unanimously
* 17.5 Planning Department - Request Funds for Environmental
Audit of Inlet Island Properties
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Planning Department has requested and received
proposals to perform an Environmental Audit of the Inlet Island
Properties, and
February 2, 1994
WHEREAS, the Environmental Audit will include: a Phase I,
historical study of the Inlet Island properties, and a Phase II,
soil sampling of the Inlet Island properties, and
WHEREAS, the Planning Department staff has reviewed the proposals
and recommends the firm of Gaynor and Associates, Inc. be hired
to perform said environmental audit at a cost of $5,160; now,
therefore, be it
RESOLVED, That the firm of Gaynor and Associates, Inc. be hired
to perform an Environmental Audit of the Inlet Island Properties
at an amount not to exceed $5,160, and be it further
RESOLVED, That the funds for said environmental audit be derived
from Capital Project #207 West End Development.
Aye (8) - Mackesey, Shenk, Sams, Efroymson, Schroeder,
Hanna, Gray, Thorpe
Abstention (1) - Booth (conflict of interest)
Carried (8-1)
PLANNING COMMITTEE:
* 18.1a Designation of Lead Agency Status for Environmental
Review
By Alderperson Schroeder: Seconded by Alderperson Efroymson
WHEREAS, State Law and Section 176.6 of the 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
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment to Section 325-47.A of the
Municipal Code (Zoning) which states
"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."
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
Article X Section 325-47.A. of the Municipal Code.
Carried Unanimously
* 18.1b Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, Planning Committee has recommended an amendment to
Chapter 325 (Zoning), Article X Section 325-47.A. entitled
"Penalties for offenses" which states
"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." and
WHEREAS, appropriate environmental review has been conducted, and
February 2, 1994
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act and is a Type I action
under the City Environmental Quality Review Ordinance, 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,
hereby does adopt as its own the findings and conclusions more
fully set forth on the City's Short Environmental Assessment Form
dated December 7, 1993 and be it further
RESOLVED, That this Common Council as lead agency, hereby does
determine that the proposed action at issue 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
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
* 18.1c An Ordinance Amending Article X Section 325-47.a of
Chapter 325 Entitled "Penalties for Offenses" of Chapter 325
Entitled `Zoning' of the City of Ithaca Municipal Code
By Alderperson Schroeder: Seconded by Alderperson Mackesey
ORDINANCE 94 -
An ordinance amending Article X Section 325-47.A. of Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code regarding
Penalties for offenses.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. That Section 325-47.A. entitled "Penalties for
offenses" is hereby amended to read as follows:
A. 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."
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
* 18.2 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 Thorpe
RESOLVED, That Local Law No. ___ 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 of 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 March 2, 1994, at
7:00 p.m. and be it further
February 2, 1994
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, 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 local law for its report thereon.
Carried Unanimously
The Local Law Shall be as follows:
Local Law No. ___ 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 general laws but
rather special laws, which, pursuant to the Municipal Home Rule
Law, the City of Ithaca 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 of 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,
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 opposed to being
filled 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 were
to be selected by the Zoning Board of Appeals as opposed to being
February 2, 1994
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 of 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 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 the
General City Law, and
WHEREAS, in particular, considering that this Council has
determined that in order to provide for clearly written rules,
regulations and decisions, it would be in the best interest of
the City of Ithaca to provide that rules, regulations and
decisions be filed within 30 days rather than within 5 business
days as set forth in Section 81-a (2) of the General City Law,
and
WHEREAS, in particular, considering that this Council has
determined that it would be in the best interest of the City of
Ithaca to specify in detail in the Municipal Code the procedures
that the Zoning Board of Appeals should follow, and
WHEREAS, in particular, considering that this Council has
determined that it would be in the best interest of the City of
Ithaca to grant to the Zoning Board of Appeals the authority and
power to issue special permits where appropriate; now therefore,
BE IT ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. 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.
February 2, 1994
A. Creation, Appointment and Organization.
1. Appointment of Members. The Mayor, with the
consent of the Common Council, shall appoint a Board of Appeals
consisting of five (5) members. The Board of Appeals, 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 Board of Appeals or the re-establishment of terms of the
existing Board of Appeals, the appointment of members to the
Board of Appeals 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 Board of
Appeals for cause. Any 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 Board of Appeals 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 Board of Appeals.
7. Chairperson's 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 of Appeals 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.
1. Procedure Pursuant to State Law. Except as provided
herein to the contrary, the procedure of the Board of Appeals
shall be governed by Section 81-a of the General City Law of the
State of New York, as follows:
(a) Meetings, minutes, records. Meetings of such
Board of Appeals shall be open to the public to the extent
provided in article seven of the Public Officers Law. Such Board
of Appeals shall keep minutes of its proceedings, showing the
vote of each member upon every question, or if absent or failing
February 2, 1994
to vote, indicating such fact, and shall also keep records of its
examinations and other official actions.
(b) Filing requirements. Every rule, every
regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the Board of Appeals
shall be filed in the office of the City Clerk within thirty (30)
days and shall be a public record.
(c) Assistance to the Board of Appeals. Such Board of
Appeals shall have the authority to call upon any department,
agency or employee of the City for such assistance as shall be
deemed necessary and as shall be authorized by the legislative
body. Such department, agency or employee may be reimbursed for
any expenses incurred as a result of such assistance.
(d) Hearing appeals. Except as otherwise provided by
local law or ordinance, the jurisdiction of the Board of Appeals
shall be appellate only and shall be limited to hearing and
deciding appeals from and reviewing any order, requirement,
decision, interpretation, or determination made by the
administrative official charged with the enforcement of any
ordinance or local law adopted pursuant to this article. The
concurring vote of a majority of the members of the Board of
Appeals shall be necessary to reverse any order, requirement,
decision or determination of any such administrative official, or
to grant a use variance or area variance. Such appeal may be
taken by any person aggrieved, or by an officer, department,
board or bureau of the City.
(e) Time of appeal. Such appeal shall be taken within
sixty days after the filing of any order, requirement, decision,
interpretation or determination of the administrative official
charged with the enforcement of such ordinance or local law by
filing with such administrative official and with the Board of
Appeals a notice of appeal, specifying the grounds thereof and
the relief sought. The administrative official from whom the
appeal is taken shall forthwith transmit to the Board of Appeals
all the papers constituting the record upon which the action
appealed from was taken.
(f) Stay upon appeal. An appeal shall stay all
proceedings in furtherance of the action appealed from, unless
the administrative official charged with the enforcement of such
ordinance or local law, from whom the appeal is taken, certifies
to the Board of Appeals, after the notice of appeal shall have
been filed with the administrative official, that by reason of
facts stated in the certificate a stay would, in the official's
opinion, cause imminent peril to life or property, in which case
proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Board of Appeals or by a court
of record on application, on notice to the administrative
official from whom the appeal is taken and on due cause shown.
(g) Hearing on appeal. The Board of Appeals shall fix
a reasonable time for the hearing of the appeal or other matter
referred to it and give public notice of such hearing by
publication in a paper of general circulation in the City at
least five days prior to the date thereof. The cost of sending
or publishing any notices relating to such appeal, or a
reasonable fee relating thereto, shall be borne by the appealing
party and shall be paid to the Board of Appeals prior to the
hearing of such appeal. Upon the hearing, any party may appear
in person, or by agent or attorney.
(h) Time of decision. The Board of Appeals shall
decide upon the appeal within sixty-two days after the conduct of
said hearing. The time within which the Board of Appeals must
render its decision may be extended by mutual consent of the
applicant and the Board of Appeals.
February 2, 1994
(i) Filing of decision and notice. The decision of
the Board of Appeals on the appeal shall be filed in the office
of the City Clerk or the zoning office if such office has been
established within thirty (30) days after the day such decision
is rendered, and a copy thereof mailed to the applicant.
(j) Notice to park commission or planning agency. At
least five days before such hearing, the Board of Appeals shall
mail notice thereof to the parties; to the regional state park
commission having jurisdiction over any state park or parkway
within five hundred feet of the property affected by such appeal;
and to the county, metropolitan or regional planning agency, as
required by Section two hundred thirty-nine-m of the General
Municipal Law, which notice shall be accompanied by a full
statement of the matter under consideration, as defined in
Subdivision one of Section two hundred thirty-nine-m of the
General Municipal Law.
(k) Compliance with State Environmental Quality Review
Act. The Board of Appeals shall comply with the provisions of
the State Environmental Quality Review Act under Article eight of
the Environmental Conservation Law and its implementing
regulations.
(l) Rehearing. A motion for the Board of Appeals to
hold a rehearing to review any order, decision or determination
of the Board of Appeals not previously reviewed may be made by
any member of the Board of Appeals. A unanimous vote of all
members of the Board of Appeals then present is required for such
rehearing to occur. Such rehearing is subject to the same notice
provisions as an original hearing. Upon such rehearing the Board
of Appeals may reverse, modify or annul its original order,
decision or determination upon the unanimous vote of all members
present, provided the Board of Appeals finds that the rights
vested in persons acting in good faith in reliance upon the
reviewed order, decision or determination will not be prejudiced
thereby.
2. Specific City Procedure. In addition to the above
procedures, the following procedures shall govern the Board of
Appeals.
(a) Requests by applicant for recommendations. Prior
to seeking an area variance, an applicant may also request a
recommendation on a proposed variance request from any city board
or commission with expertise on an issue being considered and
include that recommendation in the appeal to the Board of
Appeals.
(b) Required information. Every appeal or application
for relief shall set forth the interpretation that is claimed or
the use for which a special permit is sought or the details of
the variance applied for and the grounds for which it is claimed
that the variance should be granted, as the case may be. Appeals
and applications shall be in writing, on forms prescribed by the
Board of Appeals and shall be filed with the Secretary of the
Board. The applicant shall provide a site plan and such other
drawings and/or additional information as is necessary for the
Board of Appeals to properly consider the appeal or application
for relief.
(c) Continuances. The Board of Appeals may, on its
own motion or upon request by the applicant, continue the
hearing.
(d) Fees. The appellant shall, at the time of filing
the appeal, pay to the Building Commissioner a fee of seventy-
five dollars ($75.) to help defray the cost of the required legal
notice and other incidental expenses. However, the owner-
occupant of residential property on which are located no more
than two (2) dwelling units shall pay a fee of fifty dollars
February 2, 1994
($50.) and an officer or administrative official of the City of
Ithaca acting in the official's capacity shall not be required to
pay said fee.
(e) Notices to the public. If a variance,
interpretation or a special permit is requested, the appellant
shall send notice of the same by mail to all property owners
within two hundred (200) feet of the boundaries of the lot under
consideration. Such notice shall state the relief sought, the
type of use contemplated and such additional information as shall
be required by the Building Commissioner and shall be mailed five
(5) days prior to the meeting of the Planning Board which next
precedes the public hearing. Proof of such mailing shall be
filed with the Board of Appeals prior to the holding of the
public hearing.
(f) Report by the City Planning and Development Board.
At least seven (7) days before any meeting of the Planning and
Development Board which precedes the date of the hearing required
by law on any application or appeal to the Board of Appeals, the
Secretary of the Board shall transmit to the Planning and
Development Board a copy of said application or appeal, together
with a copy of the notice of the aforesaid hearing. When a
variance, interpretation or special permit is requested, no Board
of Appeals action thereon shall be taken until the Planning and
Development Board has had the opportunity to submit a report as
to conformance with long-range planning objectives. The Planning
and Development Board shall have the right to request that action
by the Board of Appeals be adjourned for one month to allow the
Planning and Development Board to submit such a report as to
conformance with long-range planning objectives.
(g) Publication of notices. Notice of a public
hearing on appeals and adjourned or rescheduled hearings on said
appeals shall be given by publication twice in the official
newspaper of the City of Ithaca, which notice shall state the
relief sought, the appellant's name and the location of the
property and the date of said hearing. The first notice shall be
not less than five (5) days before the date of the public
hearing.
(h) Decision of the Board of Appeals. Every decision
of the Board of Appeals shall contain a full record of the
findings of the Board in the particular case and a written
summary of the evidence presented at the hearing.
(i) Rules and regulations. The Board of Appeals shall
adopt from time to time such rules and regulations as it may deem
necessary to carry into effect the provisions of this Chapter,
and all its orders and resolutions shall be in accordance
therewith.
These rules and regulations shall be in effect when filed with
the City Clerk.
C. Permitted Action by the Board of Appeals.
1. Definitions. As used in this section:
(a) "Use variance" shall mean the authorization by the
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 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.
February 2, 1994
(c) "Special Permit" shall mean an authorization of a
particular land use which is permitted in a zoning ordinance or
local law, subject to requirements imposed by such zoning
ordinance or local law to assure that the proposed use is in
harmony with such zoning ordinance or local law and will not
adversely affect the neighborhood if such requirements are met.
2. Orders, requirements, decisions, interpretations,
determinations. The Board of Appeals may reverse or affirm,
wholly or partly, or may modify the order, requirement, decision,
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 the 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 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 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 of Appeals
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;
February 2, 1994
(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;
(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 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 of Appeals 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. Special Permits (see §325-9). The Board of Appeals
shall have the power to issue special permits for any of the uses
for which this Chapter requires the obtaining of such permits.
6. Imposition of Conditions. The Board of Appeals shall,
in the granting of use variances, area variances and special
permits, 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.
February 2, 1994
7. 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
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 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
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.
8. Appeals. Appeals from decisions of the Board of Appeals
shall be made under Article 78 of the Civil Practice Law and
Rules and 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.
Reactivization of Northside Land Use Committee - Report
Alderperson Schroeder reported that the Planning Committee asked
that the Northside Land Use Committee be reconstituted to
consider a number of issues. One issue is exactly how the Mutual
Housing Association is distributed on the former Pogo Parcel, and
to consider the possibility of the Sciencenter expanding where
the Senior Center was once tentatively slated to be built.
We also need to consider the future of the City-owned parcel that
we recently re-zoned and to look at the whole northside plan.
Feasibility Study for Upper-Story Development - Report
Alderperson Schroeder reported that the Planning Committee asked
Planning staff to look into the possibility of submitting a joint
application with the City of Auburn to investigate ways to foster
use of upper stories of buildings with building code
deficiencies.
Alderperson Schroeder stated that the funding proposal would be
applied for through the Urban Development Corporation of New York
State. The City of Ithaca would not be eligible to apply because
we do not have a City Industrial Development Agency. However,
Auburn has such an agency and we could apply jointly with them.
ISTEA Transportation Enhancement Program Application - Report
Alderperson Schroeder reported that the Planning Committee
directed Planning staff to look into other possible bike or
pedestrian projects that the City could submit for ISTEA
Transportation Enhancement Program which has an April application
deadline.
INTER-INSTITUTIONAL COMMITTEE:
February 2, 1994
Alderperson Efroymson reported that the Committee is working on
their agenda for the year. On February 8 the Committee will
begin to take at look at the fire contract with the Town of
Ithaca, which expires at the end of 1994. The Committee will
also be working on relationship with Cornell University.
OLD BUSINESS:
Mutual Housing Association
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, on April 30, 1992 the City of Ithaca conveyed to the
Mutual Housing Association of Tompkins County, Inc. a parcel of
land being essentially the westerly one-third of the "Pogo
Parcel" and at the same time granted to the Mutual Housing
Association of Tompkins County, Inc., an option to acquire the
middle one-third of the "Pogo Parcel", which option provided that
the purchase price for the middle one-third of the Pogo Parcel
would be the sum of $60,000.00 together with the agreement of the
Mutual Housing Association of Tompkins County to pay one-third of
the cost of the development of a road along the easterly boundary
of this parcel between Franklin Street and Adams Street, with
Mutual Housing Association of Tompkins County, Inc., being
entitled to exercise the option only if they could show, in the
City's sole discretion, that MHA was ready, willing and able to
successfully complete the second phase of the project, i.e. the
constructions of 7 duplexes on the middle one-third of the Pogo
Parcel and had successfully completed the first phase of the
project, and
WHEREAS, Mutual Housing Association of Tompkins County, Inc. is
in the process of submitting grants for funding for the second
phase of this project including the small city CDBG grant, a
grant from the Federal Home Loan Bank, and a grant from the New
York State Division of Housing and Community Renewal (DHCR), and
WHEREAS, in order to submit these grants, MHA needs to
demonstrate that it has site control of the premises; now,
therefore, be it
RESOLVED, That This Common Council hereby authorizes the Mayor to
execute appropriate documents extending the option granted by the
City to the Mutual Housing Association of Tompkins County by the
Deed dated April 30, 1992 until April 30, 1995.
Carried Unanimously
NEW BUSINESS:
An Ordinance Amending Chapter 346 Entitled "Vehicles and Traffic"
of the City of Ithaca Municipal Code (Designation of Emergency
Snow Routes)
By Alderperson Gray: Seconded by Alderperson Mackesey
ORDINANCE NO. 94 -
An Ordinance Amending Chapter 346 Entitled "Vehicles and Traffic"
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 346 entitled "Vehicles and Traffic"
of the City of Ithaca Municipal Code is amended by adding a new
sub- division entitled "Designation of Emergency Snow Routes;
Restrictions pertaining thereto. To read as follows:
Designation of Emergency Snow Routes; Restrictions pertaining
thereto. The Mayor is hereby authorized to declare that a snow
emergency exists. The Board of Public Works is hereby authorized
to determine and to designate and declare emergency snow routes
for the purpose of this section. It shall be unlawful to park or
stand a motor vehicle, except for the expeditious loading or
unloading of passengers, upon any portion of any emergency snow
routes during the period of time the Mayor has declared that a
snow emergency exists.
February 2, 1994
Section 2. This Ordinance shall take effect immediately and
in accordance with law upon publication of notice as provided in
the Ithaca City Charter.
Mayor Nichols explained the proposed amendment to the Ordinance.
Extensive discussion followed on the floor.
A vote on the Resolution resulted as follows:
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson: Booth: Seconded by Alderperson Efroymson
RESOLVED, That Common Council adjourn into Executive Session to
consider labor contracts and personnel items.
Carried Unanimously
REGULAR SESSION
Common Council reconvened in Regular Session at 9:50 p.m. and
offered the following resolutions:
CSEA Administrative Contract
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That the Agreement between the City of Ithaca and the
CSEA Administrative Unit for a new three-year contract commencing
January 1, 1993 and expiring on December 31, 1995, be approved as
recommended by the City's negotiating team and that the Mayor and
City Clerk be authorized and directed to sign and execute the
contract on behalf of the City under its corporate seal.
Carried Unanimously
Designation of Managerial Position
By Alderperson Efroymson: Seconded by Alderperson Booth
RESOLVED, That the position of Deputy City Clerk be and hereby is
designated a managerial position and is hereby assigned to the
Management Compensation Plan at a 1994 salary range of $21,864 -
$32,364.
Carried Unanimously
1993 Compensation for Confidential Employees
By Alderperson Efroymson: Seconded by Alderperson Hanna
RESOLVED, That for the period January 1, 1993 through December
31, 1995, all employees not covered by a formal labor contract,
excluding positions designated as management, be granted salary
increases and fringe benefits in accordance with the provisions
of the CSEA Administrative Unit Contract; provided, however, that
the
monthly posting of vacation time shall commence on the first day
of the month following each employee's individual 1993
anniversary date of employment, and be it further
RESOLVED, That any confidential employee who is currently
receiving free access to Youth Bureau Summer programs shall be
permitted to send the employee's children to Youth Bureau Summer
programs at a cost equivalent to one-half (1/2) the City resident
rate.
Motion Failed Unanimously
1993 Compensation for Confidential Employees
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That for the period January 1, 1993 through December
31, 1995, all employees not covered by a formal labor contract,
excluding positions designated as management, be granted salary
increases and fringe benefits in accordance with the provisions
of the CSEA Administrative Unit Contract; provided, however, that
the monthly posting of vacation time shall commence on the first
day of the month following each employee's individual 1993
anniversary date of employment.
Carried Unanimously
February 2, 1994
Motion to Continue Meeting
By Alderperson Mackesey: Seconded by Alderperson Schroeder
RESOLVED, That this Common Council meeting be continued until the
Committee of the Whole meeting on February 23, 1994, at which
time the Council shall consider the approval of a proposal for an
Economic Development Zone.
Carried Unanimously
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor