HomeMy WebLinkAboutMN-CC-1994-03-02March 2, 1994
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. March 2, 1994
PRESENT:
Mayor Nichols
Alderpersons (10) - Mackesey, Shenk, Sams, Efroymson, Johnson,
OTHERS PRESENT:
City Attorney - Guttman
City Clerk - Paolangeli
City Controller - Cafferillo
Deputy Director Planning and Development - Sieverding
Deputy City Controller - Thayer
Police Chief - McEwen
Fire Chief - Wilbur
Building Commissioner - Eckstrom
Superintendent of Public Works - Gray
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the February 2, 1994 Common Council
Meeting
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That the Minutes of the February 2, 1994 Common Council
meeting be approved as published.
Carried Unanimously
Approval of Minutes of the February 15, 1994 Special Common
Council Meeting
By Alderperson Shenk: Seconded by Alderperson Gray
RESOLVED, That the Minutes of the February 15, 1994 Special
Common Council meeting be approved as published.
Carried Unanimously
Approval of Minutes of February 23, 1994 Continuation of the
Common Council Meeting of February 2, 1994
By Alderperson Schroeder: Seconded by Alderperson Shenk
RESOLVED, That the Minutes of the February 23, 1994 Continuation
of the February 2, 1994 Common Council Meeting be approved as
published.
Carried Unanimously
DELETIONS FROM THE AGENDA:
Planning Committee
Alderperson Schroeder requested that item 17.2, Request to Therm
regarding 1993 Varsol Spill be deleted from agenda.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider a Local Law Amending Section 325-41
Entitled "Board of Appeals; Variances" 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 a Local Law
amending Section 325-41 entitled "Board of Appeals; Variances" of
Chapter 325 entitled "Zoning" of the City of Ithaca Municipal
Code be declared open.
Carried Unanimously
Alderperson Schroeder explained the proposed amendments.
No one appeared to address the public hearing.
March 2, 1994
Resolution to Close Public Hearing
By Alderperson Shenk: Seconded by Alderperson Schroeder
RESOLVED, That the Public Hearing to consider a Local Law
amending Section 325-41 entitled "Board of Appeals; Variances" of
Chapter 325 entitled "Zoning" of the City of Ithaca Municipal
Code be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Planning and Development Board
Mayor Nichols reported that he has appointed Susan Blumenthal,
305 Mitchell Street, to the Planning and Development Board, to
replace George Hagood, who has resigned. The term will expire
December 31, 1994.
Commons Advisory Board
Mayor Nichols requested Council approval for the appointment of
Lisa Vetter Boyd, 816 Cliff Street, to the Commons Advisory Board
with a term to expire December 31, 1995.
Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the appointment of Lisa
Vetter Boyd to the Commons Advisory Board with a term to expire
December 31, 1995.
Carried Unanimously
Cable Commission
Mayor Nichols requested Council approval for the appointment of
M. Jean Finley, 211 Schuyler Place, to the Cable Commission to
replace Richard Gray, who has resigned. The term will expire
December 31, 1994.
Resolution
By Alderperson Gray: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the appointment of M. Jean
Finley to the Cable Commission with a term to expire December 31,
1994.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Variance for Canopies at 201 and 203 North Aurora Street
Mr. Ira Brous and Mr. Pat Doyle spoke to Council regarding item
22.1 on tonight's agenda regarding a request for a variance for
canopies at 201 and 203 North Aurora Street. They urged Council
to approve the request for the variance.
Post Office - Sale or Lease of Building on North Tioga Street
Mr. Michael Oates, President of Ithaca American Postal Workers
Union, informed Council that based on reliable information the
Post Office is actively seeking to sell or lease the North Tioga
Street building. He urged Council to take action to ensure that
the Post Office and any potential buyer, knows how strongly this
community feels about that building and the postal services that
residents get at that location.
Child Abuse Prevention Month
Ms. Lisa Marion and Mr. Mel Hibbard spoke to Council regarding
the resolution on tonight's agenda proclaiming April as "Child
Abuse Prevention Month". They urged Council to support the
resolution.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following:
March 2, 1994
Increase in Golf Course Rates - The Board passed a resolution
last month for an increase in the rates for the Golf Course.
Parking Meters on Thurston Avenue - Last year, during the budget
process, Common Council authorized funding for parking meters on
Thurston Avenue. The Bicycle Advisory Council came to the Board
and asked that they review this again because of the proposed
bicycle plan for the City. They specifically asked the Board to
eliminate 14 meters on the south side of Thurston Avenue between
Risley and Fall Creek Drive and to make that a "No Parking" zone
to better accommodate bicycles and the Board has agreed.
Approximately 100 meters will be installed on Thurston Avenue.
Dunmore Place - The Board passed a resolution at its meeting
today to permanently make Dunmore Place a one-way street.
Purchasing of Highway Services - The Board also passed a
resolution authorizing the Department to participate with
Tompkins County in the cooperative purchasing of highway
services.
Procedures for Snow Removal
Building Commissioner Eckstrom and Superintendent Gray explained
procedures for clearing snow and ice from sidewalks and roadways.
Extensive discussion followed on the floor with Superintendent
Gray and Building Commissioner Eckstrom responding to questions
from Alderpersons.
COMMUNICATIONS FROM THE MAYOR:
"Mayor's Corner" Column in the Ithaca Journal
Mayor Nichols called the Council's attention to the "Mayor's
Corner" column which is to be a bi-weekly column in the Ithaca
Journal. He stated that he is open to suggestions or ideas for
the column.
Mayor's Award Program
Mayor Nichols stated that he has received a letter from an
employee at the Youth Bureau asking him to postpone the decision
on the Awards Program as they did not see the notice that was
sent out and have not had time to review it and respond to it.
He has received a letter from the Paid Fire Fighters' Association
endorsing the awards program.
Mayor Nichols explained how the notices were sent out and
explained how the program will work.
REPORT OF THE CITY CONTROLLER:
Snow Removal Budget
City Controller Cafferillo spoke to Council regarding the snow
removal budget shortage. He stated that his office has been
working with the Department of Public Works and they will report
to the Budget and Administration Committee in March. A request
will be made to Council to amend the 1994 budget.
NEW BUSINESS:
* 22.1 Request for Variance for Canopies at 201 and 203 North
Aurora Street
By Alderperson Schroeder: Seconded by Alderperson Hanna
WHEREAS, the Superintendent of Public Works, Commons Advisory
Board, Ithaca Fire Department, the Ithaca Building Department,
and the Planning and Development Board have reviewed the
requested variance from the canopy height and, with the exception
of the Superintendent of Public Works, have raised no objections
to the
granting of this variance, and
WHEREAS, the appellant, Patrick Doyle, on behalf of Ira Brous,
has demonstrated sufficient practical reasons to support the
granting of this variance, and
March 2, 1994
WHEREAS, there may be future costs to the City Department of
Public Works associated with fixed objects in the public right of
way below the level found in the Municipal Code, and
WHEREAS, Common Council recognizes such future costs may occur,
and
WHEREAS, Municipal Code, Section 170.9, paragraph B, authorizes
Common Council to grant such a variance; now, therefore, be it
RESOLVED, That the appeal of Patrick Doyle to allow the canopies
requested on Building Permit applications numbered 14649 and
14650 at 201 and 203 North Aurora Street to be at their lowest
point eight feet (8'0") above the sidewalk instead of nine feet
six inches as required by Section 170.9, paragraph A, be granted.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 16.1 Fire Department - Request to Amend 1994 Budget
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the Fire Department damaged Baker Aerialscope #933 in an
accident, and
WHEREAS, the cost to repair the Aerialscope has been estimated at
$30,737, and
WHEREAS, the City received an insurance reimbursement for the
accident of $30,237; now, therefore, be it
RESOLVED, That the insurance reimbursement of $30,237 be
transferred from Account A2680 Insurance Revenues to Account
A3410-476 Fire Department Equipment Maintenance for repair of
said apparatus.
Carried Unanimously
* 16.2 Mayor - Request to Release Contingency Funds for Mayor's
Awards for Exceptional Service Program
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the 1994 Adopted Budget included $10,000 placed in the
Restricted Contingency Account for the purpose of funding an
employee awards program, and
WHEREAS, the Mayor and the Attorney's Office, with input from
City employees, have proposed an awards program for exceptional
service by City employees; now, therefore, be it
RESOLVED, That the Mayor's Awards For Exceptional Service program
(dated February 24, 1994) be approved for implementation in 1994;
and be it further
RESOLVED, That $10,000 be released from the Restricted
Contingency Account A1990 and transferred to Account A1210-435
for purposes of funding the Mayor's Awards For Exceptional
Service program.
Extensive discussion followed on the floor regarding the merits
of such a program.
Motion to Refer to Budget and Administration Committee
By Alderperson Johnson: Seconded by Alderperson Shenk
RESOLVED, That the request to release Contingency Funds for
Mayor's Awards for Exceptional Service Program be referred to the
Budget and Administration Committee for further review and
consideration.
Discussion followed on the floor.
March 2, 1994
A vote on the Motion to Refer to Committee resulted as follows:
Ayes (8) - Shenk, Sams, Thorpe, Johnson, Efroymson, Gray,
Hanna, Mackesey
Nays (2) - Booth, Schroeder
Carried (8-2)
* 16.3 Department of Public Works - Request to Amend Budget for
SBA Grant
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the City has applied for and received an $11,000 grant
from the New York State Department of Environmental Conservation
for the National Small Business Tree Planting Program; now,
therefore, be it
RESOLVED, That the City's 1994 Budget be amended to reflect the
Small Business Tree Planting Program Grant of $11,000 as follows:
Increase Revenue Account:
A-3989 Home & Community Service $11,000
Increase Appropriations Account:
A-711-435 Parks & Forestry Contractual $11,000
Carried Unanimously
* 16.4 Finance/Chamberlain - Request Extension of County Tax
Warrant
By Alderperson Booth: Seconded by Alderperson Gray
RESOLVED, That the City Chamberlain be authorized to request the
County of Tompkins to extend its warrant for collection of the
1994 taxes until May 27, 1994.
Carried Unanimously
* 16.5 Finance/Chamberlain - Request Partial Expungement of Tax
Penalties
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the property owner of 605 S. Albany Street has requested
expungement of tax penalties in the amount of $57.32 owed to the
City for late payment of City school taxes in October of 1993,
and
WHEREAS, the City Chamberlain and the Budget and Administration
Committee have reviewed written documentation from the property
owner relating to the late payment of school taxes; now,
therefore, be it
RESOLVED, That based on the recommendation of the City
Chamberlain, a partial expungement of tax penalty in the amount
of $40 be granted to the property owner of 605 S. Albany Street,
and be it further
RESOLVED, That the City Chamberlain be authorized to collect
$17.32 of tax penalty from the property owner of 605 S. Albany
Street to cover the City's cost of said transaction.
Carried Unanimously
* 16.6 Finance/Clerk - Request to Support Local Government
Records Management Improvement Fund
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the Local Government Records Management Improvement Fund
was established in Chapter 78, Laws of 1989, with a sunset date
of December 31, 1995, to benefit the local governments of New
York State through grants for records management and through
establishment of a program of regionally-based technical
assistance administered by the New York State Archives and
Records Administration of the New York State Education
Department, and
WHEREAS, these needs are served and programs sustained through
modest surcharges on fees for records filed and recorded by
March 2, 1994
County Clerks of the State of New York and the Register of the
City of New York, without the use of state tax revenues, and
WHEREAS, the grants, consultations, workshops, and other services
to municipalities supported by the Fund have contributed
significantly to the improved management of its records, to the
availability and accessibility of those records to its officials
and citizens, and to economical and responsive administration
saving taxpayers' dollars, and
WHEREAS, the Local Government Records Management Improvement Fund
has enormously benefitted the City of Ithaca through three (3)
grants totalling $100,809., and grants exceeding $200,000. to
Tompkins County municipalities, and
WHEREAS, there is much more to be accomplished in the City,
County and other local governments in New York State, where the
needs will continue as the volume of records increase, and
information technologies present new challenges; now, therefore,
be it
RESOLVED, That the Common Council of the City of Ithaca fully
supports the perpetuation of the Local Government Records
Management Improvement Fund through the elimination of its sunset
provision and supports its continued administration by the New
York State Archives and Records Administration of the New York
State Education Department, and, be it further
RESOLVED, That the City Clerk be directed to forward copies of
this Resolution to the State legislators, and to the Governor of
the State of New York.
Carried Unanimously
* 16.7a Attorney - Request Funds for Services Related to
Acquisition of Real Estate
By Alderperson Booth: Seconded by Alderperson Mackesey
WHEREAS, the City has determined that the acquisition of the so-
called Mancini property, which adjoins Cass Park, would be
favorable to the City, and
WHEREAS, the City needs to proceed with the acquisition of the
Mancini property by the process of condemnation and an updated
appraisal of said property must be completed; now, therefore, be
it
RESOLVED, That the City enter into the process of the acquisition
of the Mancini property by condemnation, and be it further
RESOLVED, That an amount not to exceed $2,500 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-435 Law
Contractual for purposes of funding an updated appraisal for said
property.
Carried Unanimously
* 16.7b Call for Public Hearing
By Alderperson Booth: Seconded by Alderperson Thorpe
RESOLVED, That the Common Council of the City of Ithaca shall
hold a public hearing at the Common Council Chambers, City Hall,
108 East Green Street, in the City of Ithaca on Wednesday, April
6, 1994 at 7:00 p.m. for the purpose of describing and soliciting
public comment on a proposal for the City to acquire, under the
Eminent Domain Procedure Law, a 5.363 acre parcel of land known
as Tax Parcel No. 42-2-2.2, further known as the reapportion of
401 Cliff Street, now or formerly owned by Earland D. Mancini and
Robert R. Mancini, and be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of the notice in the official newspaper as
prescribed by Article 2 of the Eminent Domain Procedure Law and
March 2, 1994
by further mailing a copy of said notice to the owners of the
property and to their attorneys, Harris, Beach, Wilcox, and be it
further
RESOLVED, That the City Attorney is hereby authorized and
directed to make an offer to acquire the property through
negotiations for 100% of a appraised value of the property as
provided in Section 303 of the Eminent Domain Procedure Law.
Carried Unanimously
* 16.8 Attorney - Request Funds for Litigation Fees
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That an amount not to exceed $1,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-425 Law
Office Expense for the purpose of funding litigation fees
relating to future litigation by the City.
Carried Unanimously
PLANNING COMMITTEE:
17.1a A Local Law Amending Section 325-41 Entitled `Board of
Appeals; Variances' of Chapter 325 Entitled "Zoning" of the City
of Ithaca Municipal Code - Designation of Lead Agency Status for
Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Mackesey
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 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 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
Section 325.41 of the City of Ithaca Municipal Code.
Carried Unanimously
* 17.1b Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Hanna
WHEREAS, the Planning Committee has recommended a local law
amending Section 325.41 of Chapter 325 (Zoning), and
WHEREAS, appropriate environmental review has been conducted, and
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 February 22, 1994, 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
March 2, 1994
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
* 17.1c A Local Law Amending Section 325-41 Entitled `Board of
Appeals; Variances' of Chapter 325 Entitled "Zoning" of the City
of Ithaca Municipal Code
By Alderperson Schroeder: Seconded by Alderperson Shenk
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
March 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:
March 2, 1994
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.
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:
March 2, 1994
(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
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.
March 2, 1994
(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.
(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.
March 2, 1994
(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
($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 and Development
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.
March 2, 1994
(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.
(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:
March 2, 1994
(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;
(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
March 2, 1994
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.
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. (Effective date - March 21, 1994)
Carried Unanimously
* 17.3 ISTEA - Transportation Enhancement Program Application
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, the City of Ithaca wishes to improve conditions for
walking and bicycling within the city, and
WHEREAS, assistance in funding such improvements is offered
through the Transportation Enhancement Program of the Intermodal
Surface Transportation Efficiency Act, as grants to be matched by
the sponsor with at least twenty percent (20%) of estimated
project costs, and
WHEREAS, three potentially eligible enhancement projects have
been identified, for which applications are proposed to be
submitted by April 4, 1994, as follows:
* Black Diamond Bike/Pedestrian Bridge over Flood Control
Channel in the vicinity of West Clinton Street.
Estimated project cost $190,000 City share $38,000
* Old Inlet Trail, a bike/pedestrian facility, extending from
Buffalo Street to the Farmers' Market, that will be an
March 2, 1994
important link in the access system between West Hill and
Stewart Park.
Estimated project cost $385,000 City share $77,000
* Elmira Road sidewalks (300 and 400 blocks), serving the
pedestrian users of this extensive, important commercial
area.
Estimated project cost $400,000 City share $80,000
now, therefore, be it
RESOLVED, That Common Council authorizes submission of said
applications, to be signed by the Mayor as Sponsor, and be it
further
RESOLVED, That funding for the total of the full project costs of
all three projects shall be provided by the City for
reimbursement in accordance with the provisions of ISTEA and the
Transportation Enhancement Program.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
Approval Process for City Comprehensive Plan - Report
Alderperson Schroeder reported that the City's long standing
procedure, which was consistent with State law, was that the
Planning and Development Board was the chief agency that would
develop master plans and do environmental review of them before
adopting them and then Common Council would second that by
accepting the master plan. One of the new State laws and one of
the changes to the General Municipal Code, which was enacted in
the past year, states that the legislative body of a municipality
may adopt a comprehensive plan. The Planning Committee discussed
this at their last meeting and they suggest that we maintain the
Planning and Development Board's role. There will be further
discussion at the committee level with more information
forthcoming to the Council.
INTER-INSTITUTIONAL COMMITTEE:
Status of Cornell/Ithaca College Relations - Report
Alderperson Efroymson reported that on Tuesday, March 8 at 4:00
p.m., the Inter-Institutional Committee will be discussing the
City's relationship with both Cornell University and Ithaca
College. He urged Council members to attend the meeting.
Status of Fire Contract - Report
Alderperson Efroymson reported that the committee will be
discussing the status of the Fire Contract with the Town of
Ithaca. The contract expires at the end of 1994 and more
information will be forthcoming.
YOUTH COMMITTEE:
* 19.1 Child Abuse Prevention Month
By Alderperson Hanna: Seconded by Alderperson Johnson
WHEREAS, within New York State our community has consistently
ranked very high on the list in annual official reports of child
maltreatment, and
WHEREAS, the City has a long and distinguished history of
supporting and nurturing programs for the protection of children
and the strengthening of families, and that among these are the
many model programs developed by the City of Ithaca Youth Bureau,
the Greater Ithaca Activities Center, and the Southside Community
Center, and
WHEREAS, such support has also been important in seeding
innovative programs of enduring value, such as the Learning Web,
Community Dispute Resolution Center, and the Partnership for
Youth, and
March 2, 1994
WHEREAS, it is well recognized that prevention of child
maltreatment cannot be accomplished by government alone, but
requires the help and assistance of every member of the
community, and
WHEREAS, the National Committee to Prevent Child Abuse has
established the month of April as National Child Abuse Prevention
Month, and
WHEREAS, the State Chapter of that organization, the Federation
on Child Abuse and Neglect has launched a Blue Ribbon Campaign to
begin in April 1994, and
WHEREAS, the Federation is a national leader in fostering
volunteer efforts at child abuse prevention through its 10,000
Promises for Parents Campaign, in which neighbors help neighbors
make the community a safer place for children and a supportive
place for parents, and
WHEREAS, local citizens, on a voluntary basis, have joined
together with members of Leadership Tompkins to support the Blue
Ribbon Campaign and to foster a one-year effort to secure 1,000
Promises for Parents in our community; now, therefore, be it
RESOLVED, That this Common Council adds its voice in support of
the local Blue Ribbon and Promises for Parents campaigns, and
hereby declares April to be Child Abuse Prevention Month in the
City of Ithaca.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
NEW BUSINESS:
* 22.2 Appointment of Marriage Officers
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, pursuant to Section 11 of the Domestic Relations Law,
the Mayor is authorized to solemnize marriages, and
WHEREAS, pursuant to Section C-33 of the Ithaca City Charter the
Acting Mayor is authorized to act as Mayor only when the Mayor is
unable to perform the duties of his or her office in consequence
of sickness or absence from the City or if there shall be a
vacancy in the office, and
WHEREAS, as a result of the Mayor's schedule, occasions arise
when the Mayor is requested to solemnize a marriage but is unable
to do so, and
WHEREAS, pursuant to Section 11-c of the Domestic Relations Law,
Common Council is authorized to appoint one or more marriage
officers who shall have the authority to solemnize a marriage;
now, therefore, be it
RESOLVED, John Johnson, Pamela Mackesey and J. Diann Sams are
hereby appointed marriage officers for the City of Ithaca,
effective immediately, for a term to expire on December 31, 1995,
to serve in such capacity without compensation.
Carried Unanimously
* 22.3 Resolution Regarding a Call for a Bias-Free School
District
By Alderperson Efroymson: Seconded by Alderperson Sams
WHEREAS, the Coalition for a Bias-Free School District has
presented a twelve-point plan for a bias-free school, and
WHEREAS, there has been much recent discussion in the Ithaca area
about social justice issues, particularly as that topic relates
to bias in the Ithaca City School District, and
March 2, 1994
WHEREAS, the struggle for ending discrimination, wherever it
exists, is a long and difficult journey, and
WHEREAS, Common Council understands and recognizes the great
chalenge before the School Board in addressing this community
problem, and
WHEREAS, Common Council has the ability to set policies in order
to help address the economic and social underpinnings of the
problems addressed by the twelve point program; now, therefore,
be it
RESOLVED, That Common Council supports and encourages the Ithaca
City School District to work with the Coalition for a Bias-Free
School District and initiate, wherever possible, its twelve-point
plan, and be it further
RESOLVED, That Common Council will join in this struggle and
challenge itself to help make the city a safe and bias-free city,
and be it further
RESOLVED, That Common Council will work toward making the City of
Ithaca a place where we can respect and appreciate our
differences.
Discussion followed on the floor regarding the goals of the
resolution.
Motion to Refer to Committee
By Alderperson Johnson: Seconded by Alderperson Booth
RESOLVED, That the resolution regarding a call for a bias-free
school district be referred to the Youth Committee for further
review and consideration.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Mackesey: Seconded by Alderperson Shenk
RESOLVED, That the Common Council adjourn into Executive Session
at 9:10 p.m. for discussion of possible litigation.
Carried Unanimously
ADJOURNMENT:
Common Council reconvened into regular session at 9:25 p.m. and
adjourned.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor