Loading...
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