HomeMy WebLinkAboutMN-CC-1994-04-06April 6, 1994
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 P.M. April 6, 1994
Present:
Mayor Nichols
Alderpersons (9) - Thorpe, Mackesey, Johnson, Efroymson, Gray,
ABSENT:
Alderperson Booth (excused)
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Planning and Development Director - VanCort
Planning and Development Deputy Director - Sieverding
Building Commissioner - Eckstrom
Fire Chief - Wilbur
Assistant Superintendent of Water and Sewer - Fabbroni
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 the Minutes of the March 2, 1994 Common Council
Meeting
By Alderperson Efroymson: Seconded by Alderperson Schroeder
RESOLVED, That the Minutes of the March 2, 1994 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM AGENDA:
Budget and Administration Committee
Alderperson Johnson requested the addition of Item 15.10 -
Creation of Interim Positions for Police Department.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing for the Consideration of Acquisition of Real
Estate
Resolution to Open Public Hearing
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing for the consideration of
acquisition of real estate be declared open.
Carried Unanimously
Planning and Development Deputy Director Sieverding gave
background information on the parcel of land to be acquired.
No one appeared to address the Council.
Resolution to Close Public Hearing
By Alderperson Mackesey: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing for the consideration of
acquisition of real estate be declared closed.
Carried Unanimously
Resolution of Commendation (Assistant Fire Chief Edward C. Sharp)
By Alderperson Mackesey: Seconded by Alderperson Johnson
WHEREAS, Edward C. Sharp is retiring after working for the Ithaca
Fire Department for over 35 years, and
WHEREAS, Ed Sharp, affectionately known as "Mother Sharp", has
held the position of Assistant Chief since 1973, and
April 6, 1994
WHEREAS, Assistant Chief Sharp is known by his co-workers as a
plain-speaking and outspoken man who always remained calm in an
emergency but who knew a "Dogan Head" when he saw one, and
WHEREAS, Assistant Chief Sharp has shown a consistent and high
regard for the safety and well-being of the fire fighters he
directed, and
WHEREAS, Assistant Chief Sharp cared about the people around him
and presented many a "Nooggie" as tokens of his affection, and
WHEREAS, Assistant Chief Sharp's fellow workers hold him in high
regard and with great affection, and
WHEREAS, Assistant Chief Sharp has ended many a long and
gruelling fire fight with the simple but reassuring phrase "Let's
Go Home"; now, therefore, be it
RESOLVED, That the Common Council commends Assistant Chief Sharp
for his many years of service to the City of Ithaca and, along
with his co-workers, wishes him well.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Commons Advisory Board
Mayor Nichols requested Council approval for the following
appointments to the Commons Advisory Board with terms to expire
as noted:
Terrence Calhoun
524 Linn Street Term to expire December 31,
1994
Rob Gearhart
23 N. Miller Road Term to expire December 31,
1994
Nancy S. Lieberman
15 Cedar Lane Term to expire December 31,
1994
David Patz
171 East State Street Term to expire December 31,
1994
Jerry Martins
323 E. Seneca Street Term to expire December 31,
1995
Andrew Gillis
213 Cascadilla Park Term to expire December 31,
1995
(re-appointment)
Allison A. Hogue
606 Utica Street Term to expire December 31,
1995
(re-appointment)
Resolution
By Alderperson Shenk: Seconded by Alderperson Mackesey
RESOLVED, That this Council approves the appointments to the
Commons Advisory Board with terms to expire as listed above.
Carried Unanimously
Shade Tree Advisory Committee
Mayor Nichols requested Council approval for the appointment of
Cathy Emilian, 218 South Albany Street, to the Shade Tree
Advisory Committee with a term to expire December 31, 1996.
Resolution
By Alderperson Hanna: Seconded by Alderperson Mackesey
April 6, 1994
RESOLVED, That this Council approves the appointment of Cathy
Emilian to the Shade Tree Advisory Committee with a term to
expire December 31, 1996.
Carried Unanimously
Cable Commission
Mayor Nichols requested Council approval for the appointment of
Dick Cogger, 14 Dove Drive (to replace Peter Hess), with a term
to expire December 31, 1997 and Harvey Gitlin, 2775 Slaterville
Road (to replace Thomas Terrizzi), with a term to expire December
31, 1996.
Resolution
By Alderperson Hanna: Seconded by Alderperson Gray
RESOLVED, That this Council approves the appointment of Dick
Cogger and Harvey Gitlin to the Cable Commission with terms to
expire December 31, 1997 and December 31, 1996, respectively.
Carried Unanimously
MAYORAL APPOINTMENTS NOT REQUIRING COUNCIL APPROVAL:
Tompkins County Economic Opportunity Commission
Mayor Nichols announced that he has appointed Pam Mackesey.
Tompkins County Environmental Management Council
Mayor Nichols announced that he has appointed Peter MacDonald,
with a term to expire December 31, 1996.
Tompkins County Planning Board
Mayor Nichols announced that he has appointed Steven Ehrhardt,
with a term to expire December 31, 1996.
Neighborhood Advisory on the Central Processing Facility
Mayor Nichols announced that he has re-appointed Andy Foster,
with a term to expire December 31, 1996. He has appointed Sara
Shenk as a liaison.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Post Office/Proposed Wal-Mart
Fay Gougakis, 412 East Tompkins Street, spoke to Council
regarding the necessity of keeping the Post Office downtown. She
also spoke in opposition to Wal-Mart at the proposed location.
"10,000 Promises for Parents" Campaign
Mr. Tom McDonald, 202 Nelson Road, Chair of the Tompkins County
"10,000 Promises for Parents" campaign, thanked Council for
designating April as "Child Abuse Prevention Month". He handed
out blue ribbons and pledge cards to members of Council.
Fiber-Optic Network
Alan Cohen, 302 East State Street, spoke to Council in support of
the proposed Fiber-Optic Communication system between City Hall,
Fire Department and Police Department that is on tonight's
agenda.
RESPONSE TO PUBLIC:
Post Office
Mayor Nichols responded to Ms. Gougakis' concerns about the Post
Office being kept downtown. He assured everyone that the City is
working very hard to keep a complete postal service in the
downtown and discussions are continuing with the Postal Service
to make sure a full range of services continue at this location.
Wal-Mart
Alderperson Schroeder stated that Wal-Mart is preparing a full
Environmental Impact Statement and if anyone wishes to review it
they may do so. There will be a public hearing forthcoming
through the Planning and Development Board. The date will be
publicized and everyone will be welcome to speak.
April 6, 1994
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters:
Emergency Snow Routes - There was a meeting with Chief McEwen,
Chief Wilbur and Superintendent of Public Works Gray regarding
criteria about emergency snow routes. The Board has reviewed and
revised the list and it has gone back to the Police and Fire
Chiefs for final approval and a report will be made on the final
decisions at the May meeting of Council.
Spring Cleaning - The Department of Public Works crews have begun
Spring cleaning of the streets. At this time residents can rake
their curb lawns into the street.
Yard Waste Collection Program - The program will continue through
the Fall. This means that on the day that residents put out
their trash, they can also put out yard waste. The yard waste
should be in bags and containers, placed away from garbage and
tree and shrub branches should be bundled with bundles not
exceeding four feet in length.
Commissioner Reeves answered questions from Council members.
Board of Fire Commissioners - Commissioner Hamilton reported to
Council on the following matters:
E911 Task Force - The Board of Fire Commissioners, at their last
meeting, passed a resolution endorsing the recommendations of the
Tompkins County E911 Task Force.
Emergency Medical Personnel Funding - The Board of Fire
Commissioners passed a resolution in support of adequate funding
of the emergency medical services personnel. The resolution will
be sent to the County Board of Representatives.
Volunteer Recruitment - The Board is getting input from the
companies regarding a new process of recruiting, training and
hopefully retaining the volunteer component of our fire fighting
system.
Building Department - Appearance Ticket Program
Commissioner Eckstrom reported that they have been issuing
appearance tickets for two months. There have been 146 tickets
issued, involving 184 total inspector hours in both writing
tickets and issuing warnings ahead of writing a ticket. Of that
we have 51 paid tickets, 76 tickets still pending, 5 hearings are
scheduled and the City Attorney has dismissed 14 tickets. He
stated that the largest amount of tickets (113) was for sidewalk
obstructions; 2 tickets were issued for illegal banners and
pennants and other advertising; 13 for portable signs; 12 for
garbage and refuse handling (all on residential property); 3 for
open area maintenance (litter), 1 ticket was issued for failure
to maintain a minor accessory structure; 1 ticket for removal of
uncollected garbage and 1 for front yard parking.
Discussion followed on the floor and Building Commissioner
Eckstrom answered questions from Council members regarding this
process.
COMMUNICATIONS FROM THE MAYOR:
Tree City
Mayor Nichols announced that the City has been named a "Tree
City" once again. There will be an official program regarding
the award on Arbor Day at the end of April.
Enhancement Program for Bicycle Plan
Mayor Nichols reported that the City received approval for the
application that was submitted to the Tompkins County Enhancement
April 6, 1994
Program regarding the bicycle plan. The City received $80,000,
we have to put in $20,000, thus we have $100,000 for planning and
implementation of a bicycle plan.
Northside Land Use Issue
Mayor Nichols stated that because of the various elements that
are concerned in the northside area, he has reactivated a
Northside Land Use Committee. The group has been working to
bring all interested parties together, including people in the
neighborhood and the Parks Commission, to look at that plan again
and to come up with an overall plan that, as best we can, meets
everyone's needs.
REPORT OF CITY CLERK:
Polling Locations
City Clerk Paolangeli reminded Council members that polling
locations need to be designated at the May meeting. If anyone has
concerns about the locations in their Ward, they need to see her
before the May meeting.
Tompkins County Assessment Board of Review
City Clerk Paolangeli reminded Council members that they need to
make two appointments (Council appointments) to the Tompkins
County Assessment Board of Review which will be meeting on
Tuesday, May 17, 1994.
REPORT OF CITY ATTORNEY:
City Attorney Guttman reported that a suit was brought against
the City by Betsy Darlington, individually and as Chairperson of
the Conservation Advisory Council, and also by Marty Blodgett and
Paul Glover, challenging a decision of the Board of Zoning
Appeals, which in November 1992 granted an application for a Use
Variance in connection with the Wal-Mart proposal. The Appellate
Division dismissed the case.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 Commons Coordinator - Request to Sign Simeon's Revocable
License Agreement
By Alderperson Johnson: Seconded by Alderperson Efroymson
WHEREAS, since 1987 the City of Ithaca has issued a license to
Simeon's restaurant allowing that restaurant to utilize certain
areas along Aurora Street and on the Ithaca Commons for outdoor
dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at Simeon's Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, for the year 1994, that Common Council hereby approves
a revocable license agreement for the outdoor sale and
consumption of alcohol between the City and Simeon's Restaurant
that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum
Dram Shop coverage in the amount of $500,000.00 and Commons
Advisory Board approval for outdoor dining permits.
April 6, 1994
Carried Unanimously
* 15.2 Department of Public Works - Request to Establish Capital
Project for Fiber Optics Communications System
By Alderperson Johnson: Seconded by Alderperson Mackesey
WHEREAS, the Fire and Police Departments have expressed a need
for an emergency communications network between these buildings
and City Hall, and
WHEREAS, the City has the opportunity to install a series of
underground conduits from Central Fire Station to City Hall and
the Police Department for a fiber optic communication network
system related to emergency communication services and to do so
at a reduced cost, and
WHEREAS, installation of the conduits must be completed prior to
the State DOT's completion of the reconstruction of Green Street,
and
WHEREAS, the DPW has estimated the total cost of the Fiber Optic
Communication Network System project to be approximately
$130,000, including all appropriate equipment connection between
and among the Central Fire Station, City Hall, and Police
Department; now, therefore, be it
RESOLVED, That Capital Project #288 Fiber Optic Communication
Network System be established in the amount of $130,000 to
provide for the installation and connection of a fiber optic
communication network system between and among the Central Fire
Station, City Hall, and Police Department, and be it further
RESOLVED, That the funds will be derived from the issuance of
Serial Bonds for said project, and be it further
RESOLVED, That a sub-committee, consisting of the B & A
Chairperson, Vice-Chairperson, and the Mayor, be established to
determine, prior to release of request for bids, if the Fiber
Optic Communication System is a cost effective solution to the
said communication problem.
Extensive discussion followed on the floor. City Controller
Cafferillo answered questions from Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
15.3 Department of Public Works - Snow Removal Budget Adjustment
-Report
City Controller Cafferillo referred to a memo from Asst. Supt.
Ferrel on snow removal costs for the 1993-1994 winter season. He
reported that the total costs were $221,000. The Budget and
Administration Committee has been meeting with the Department of
Public Works and they will bring proposals for consideration by
Common Council to the May Council meeting.
*15.4 Mayor - Request to Release Restricted Contingency Funds
for Lay Advocate Program
By Alderperson Johnson: Seconded by Alderperson Thorpe
WHEREAS, a revised plan, which is on file in the City Clerk's
Office, dated March 25, 1994, for the implementation of a
Community-Police Advocates Program has been submitted by the
Community Dispute Resolution Center, and
WHEREAS, Common Council has reviewed and accepted said proposal,
which provides for the goals of the Community Police Advocates
Program and the program components including the recruitment and
training of Community-Police Advocates, the manner in which a
citizen can initiate action, a procedure for direct conciliation
April 6, 1994
between individual police officers and citizens with concerns,
publicity about citizen options for resolving concerns with the
police, and data collection and reporting, and
WHEREAS, it is understood that upon approval by this Common
Council, the program shall be initiated except that the portion
of the program relating to direct conciliation between individual
police officers and citizens with concerns will only be put into
place upon approval of all relevant parties; now, therefore, be
it
RESOLVED, That $8,000.00 be transferred from account A1990,
Restricted Contingency to account A1012-435, Contractual Services
with Community Service Agencies, for said purpose; and be it
further
RESOLVED, That Common Council hereby approves and endorses the
said Community-Police Advocates Program; and be it further
RESOLVED, That the Mayor is authorized to enter into a contract
with Community Dispute Resolution Center for the provision of the
said services to the City of Ithaca for the sum of $8,000.00 as
set forth in the budget.
Ms. Judith Saul, representing the Community Dispute Resolution
Center, spoke to Council regarding the program and how it will
work.
Extensive discussion followed on the floor, with Ms. Saul
answering questions from Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
* 15.5 Planning Department - Request Funding for Environmental
Site Assessment Phase I for Southwest Park
By Alderperson Johnson: Seconded by Alderperson Schroeder
WHEREAS, the Planning Department has requested and received
proposals to perform an Environmental Site Assessment Phase I for
Southwest Park (approximately 55 acres) and an adjoining City
Parcel (approximately 6.6 acres), and
WHEREAS, the Environmental Site Assessment Phase I will include
an historical study of the Southwest Park and the adjoining City
Parcel, which will be needed for ascertaining the value of the
area to be alienated and would be a prerequisite for any
disposition of said properties, and
WHEREAS, the Planning Department staff has reviewed the proposals
and recommends the firm of Stearns and Wheler, Inc. be hired to
perform said environmental site assessment of the said properties
at a cost of $3,500; now, therefore, be it
RESOLVED, That the firm of Stearns and Wheler, Inc. be hired to
perform an Environmental Site Assessment for Southwest Park and
the adjoining City Parcel at an amount not to exceed $3,500, and
be it further
RESOLVED, That the funds for said environmental site assessment
be derived from Capital Project #208 Southwest Park Development.
Carried Unanimously
* 15.6 Attorney - Contract C.S.E.A. D.P.W. Unit
By Alderperson Johnson: Seconded by Alderperson Shenk
RESOLVED, That the agreement between the City of Ithaca and the
C.S.E.A. D.P.W. Unit for a new four-year contract commencing
January 1, 1994 and expiring on December 31, 1997, be approved as
recommended by the City's negotiating team, and that the Mayor
and City Clerk be authorized and directed to sign and execute the
contract on behalf of the City under its corporate seal, subject
to ratification by said Bargaining Unit.
April 6, 1994
Carried Unanimously
* 15.7a Attorney - Request Funds for Services Related to
Acquisition of Real Estate (Mancini)
By Alderperson Johnson: Seconded by Alderperson Thorpe
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
* 15.7b Attorney - Acquisition of Property
By Alderperson Johnson: Seconded by Alderperson Mackesey
WHEREAS, this Common Council has initiated a proceeding to
consider the advisability and necessity of the City acquiring,
pursuant to eminent domain, the approximately 5.363 acre parcel
of land known as tax parcel #42-2-2.2, which property is
currently believed to be owned by Earland Mancini and Robert
Mancini, and
WHEREAS, the City of Ithaca has held on April 6, 1994 at the
Common Council Chambers at City Hall, 108 East Green Street,
Ithaca, New York, a public hearing for the purpose of describing
and soliciting public comment on this proposal; now therefore, be
it
RESOLVED, That based on information received by Common Council at
such public hearing and the information already in possession of
Common Council, this Common Council makes the following findings
of fact:
1. The 5.363 acre parcel of land known as tax parcel #42-
2-2.2 is located immediately adjacent to Cass Park.
2. The subject parcel of land does not currently contain
frontage on any public highway.
3. It is expected that in the near future there will be a
major realignment of the road system in this area of the City.
4. As a result of the realignment of the road system in
this area of the City, there may be significant changes in the
physical appearance of this parcel and the immediately
surrounding land; a major change in traffic pattern; a major
change in land use in the surrounding area; and impacts directly
on Cass Park.
5. It would be in the public interest and benefit for a
portion of the subject tax parcel to be dedicated as park land to
be combined with Cass Park.
6. That it would also be in the public interest and benefit
and necessary for the City that the remainder of the parcel be
acquired to be used for recreational purposes connected with Cass
Park and to serve as a buffer for Cass Park.
April 6, 1994
It would not be in the interest of the City of Ithaca to dedicate
the remainder of this parcel as park land at this time until the
City has had an opportunity to study the impacts on traffic
patterns, land use, recreation opportunities, etc. resulting from
the Route 96 project.
7. The acquisition of this parcel by the City and its
dedication to park land and as a buffer for Cass Park with
recreational uses would provide additional recreational
opportunities in the City of Ithaca and would expand and protect
Cass Park, and be it further
RESOLVED, That the City hereby determines that it is necessary
and would serve a public use for the City to acquire the premises
pursuant to the Eminent Domain Procedure Law and directs the City
Attorney to proceed to acquire the premises, and be it further
RESOLVED, That the City Clerk is directed to publish a synopsis
of this determination and findings.
Extensive discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (8) - Johnson, Thorpe, Hanna, Sams, Mackesey, Gray,
Schroeder, Shenk
Nay (1) - Efroymson
Carried (8-1)
* 15.8 Common Council - Request to Release Funds for
Neighborhood Trash Program
By Alderperson Efroymson: Seconded by Alderperson Johnson
WHEREAS, Common Council placed $2,000 in the 1994 Restricted
Contingency Account to fund the establishment and implementation
of a City neighborhood trash program, and
WHEREAS, the trash program has been established by Common Council
and approved, in concept, by the Board of Public Works to assist
in the beautification of the City, and
WHEREAS, the established trash program would allow city residents
to voluntarily pick up trash in their neighborhoods, and receive
free trash tags from the City for the trash collected; now,
therefore, be it
RESOLVED, That $2,000 be transferred from Account A1990
Restricted Contingency to Account A1490-435 Public Works
Administration Contracts to fund said neighborhood trash program.
Alderperson Efroymson explained how the proposed program will
work.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
* 15.9 Agreement with Ithaca Festival, Inc.
By Alderperson Johnson: Seconded by Alderperson Mackesey
WHEREAS, the City of Ithaca has previously agreed, and funded in
its budget, a commitment to enter into an agreement with Ithaca
Festival, Inc. which agreement would provide, among other things,
that the City would provide certain sanitation services, police
services and parking and traffic services to be paid for by
Ithaca Festival, Inc. with the express understanding that the
City would give to Ithaca Festival, Inc. a credit line of
$5,670.00 to be applied against such City related costs for the
Festival, and
April 6, 1994
WHEREAS, Ithaca Festival, Inc. has requested, as a result of cash
flow considerations, that the said $5,670.00 be advanced in cash
at this time to Ithaca Festival, Inc., instead of being applied
as a credit against the payment for City services; and
WHEREAS, the City of Ithaca endorses the Ithaca Festival and
acknowledges the benefit which will be provided to the citizens
of the City of Ithaca by the Festival; now, therefore, be it
RESOLVED, That the Mayor is authorized to execute an amended
agreement with Ithaca Festival, Inc. which would provide that the
said $5,670.00 will be advanced in cash at this time to Ithaca
Festival, Inc. and that the total amount of services provided by
the City as specified in that contract would then be paid by
Ithaca Festival, Inc. to the City on or before July 1, 1994.
Carried Unanimously
* 15.10 Police Department - Creation of Interim Positions for
Police Department
By Alderperson Johnson: Seconded by Alderperson Hanna
RESOLVED, That the Authorized Position Roster for the Police
Department be hereby increased by two Police Officer positions on
an interim basis, and be it further
RESOLVED, That the two existing Police Officer positions that
shall become vacant due to the promotion of two current Police
Officers shall be deleted upon the promotion of the officers.
Carried Unanimously
RECESS:
Common Council recessed at 9:15 p.m. and reconvened in regular
session at 9:25 p.m.
PLANNING COMMITTEE:
* 16.1 A Local Law Amending Section 4-23 of the City of Ithaca
Municipal Code Regarding the Planning and Development Board
By Alderperson Schroeder: Seconded by Alderperson Hanna
LOCAL LAW NO. ____ OF THE YEAR 1994
CITY OF ITHACA
A Local Law amending Section 4-23 of the City of Ithaca Municipal
Code regarding the Planning and Development Board.
WHEREAS, the State of New York by Chapter 211 of the laws of
1993, among other things, amended the General City Law in
relation to Planning Boards and repealed and amended certain
provisions of the General City Law relating thereto, and
WHEREAS, Chapter 211 does not apply to any city having a
population having an excess of one million and accordingly is not
a general law but rather a special law which, pursuant to the
Municipal Home Rule Law, the City has the right and authority to
supersede, and
WHEREAS, the current Planning and Development Board of the City
of Ithaca and this Council has reviewed Chapter 211 and believe
that, considering the special circumstances of the City of
Ithaca, it would be consistent with the best interest of the City
of Ithaca to supersede certain sections of Chapter 211, and
WHEREAS, in particular, considering the fact that this Council
takes great interest in the make up of Boards and Commissions,
that this Council believes it would be in the best interest of
the City of Ithaca if members of the Planning and Development
Board were appointed, and vacancies in the Board were filled, by
the Mayor with the consent of Common Council instead of being
appointed by the Mayor as provided in Chapter 211, and
WHEREAS, in particular, considering that there are many Boards
and Commissions in the City of Ithaca and accordingly, a great
April 6, 1994
number of persons interested in the welfare of the City hold
public office as a member of such Board or Commissions that
therefore, it would be in the best interest of the City of Ithaca
to allow more than a minority of the members of the Planning and
Development Board to hold another public office or position in
such City instead of requiring that not more than a minority of
such Board shall hold any other public office or position in such
city as provided in Chapter 211, and
WHEREAS, on particular, considering that this Council has
determined, that in order to provide maximum communication
between this Council and the Planning and Development Board that
a member of this Council sit as a member of the Board and that,
to encourage maximum participation from such member it would be
best to have that member be a voting member of the Board, instead
of requiring that no member of the legislative body of the City
be eligible for membership on the Board as provided in Chapter
211, and
WHEREAS, in particular, considering that service on the Planning
and Development Board requires a significant time commitment,
that the City would have better success in recruiting the most
qualified persons to serve on the Board if the term of office
were less than 7 years and that therefore, it would be in the
best interest of the City of Ithaca if the term of office for the
members of the Planning and Development Board who are appointed
from Common Council and the Board of Public Works shall be a term
of 2 years to coincide with their term of office as members of
Common Council and the Board of Public Works, and that the term
of office for the remaining members of the Planning and
Development Board be a term of 3 years instead of having the term
of office of all members being equal in years to the number of
members on the Board as provided in Chapter 211; now, therefore,
be it
ENACTED, by the Common Council of the City of Ithaca, New York:
Section 1. That Section 4-23 entitled "Planning and
Development Board" is hereby repealed in its entirety and
replaced with the following language:
"Section 4-23. Planning and Development Board.
A. Creation, Appointment and Organization.
1. There shall be a Planning and Development Board,
also known as the Planning Board, consisting of 7 members, each
of whom shall be appointed by the Mayor with the consent of
Common Council. There shall be one member from the Common
Council and one member from the Board of Public Works. The Mayor
shall appoint one member of the Planning and Development Board to
serve as Chairperson. In the absence of a Chairperson, the
Planning and Development Board may designate a member to serve as
Chairperson. In making such appointments, the Mayor may require
Planning and Development Board members to complete training and
continuing education courses in accordance with any local
requirements for the training of such members. The term of
office shall be three years and the terms shall be staggered,
except for members who are appointed from Common Council and the
Board of Public Works. With respect to those members the term of
office shall be two years and shall coincide with their term of
office as a member of Common Council or a member of the Board of
Public Works.
2. Vacancy in Office. If a vacancy shall occur,
otherwise than by expiration of term, the Mayor, with the consent
of Common Council shall appoint a new member for the unexpired
term.
3. Removal of Members. The Mayor shall have the power
to remove, after public hearing, any member of the Planning and
April 6, 1994
Development Board for cause. Any Board member may be removed for
non-compliance with minimum standards relating to meeting
attendance and training as established by the Common Council.
4. Compatibility of Officers. The municipal officials
or employees on such Board 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 or
position held by them during such membership. No municipal
officer or employee shall be appointed to the Planning and
Development Board in the event such officer or employee cannot
carry out the duties of his or her position without a conflict in
the performance of his or her duties as a member of the Board.
5. Chairperson Duties. All meetings of the Planning
and Development Board shall be held at the call of the
Chairperson and at such other times as such Board may determine.
Such Chairperson, or in his or her absence, the acting
Chairperson, may administer oaths and compel the attendance of
witnesses.
6. Service on Other Planning Boards. No person shall
be disqualified from serving as a member of the City Planning and
Development Board by reason of serving as a member of a county
Planning Board.
7. Rules and Regulations. The Planning and
Development Board may recommend to the Common Council regulations
relating to any subject matter over which the Board has
jurisdiction under this article or under any other statute or
under any other local law or ordinance of the city.
B. Powers and Duties. Among its powers and duties, but not
by way of limitation, shall be:
1. Carrying out the statutory responsibilities of a
city planning board, including:
(a) Receiving and acting upon subdivision and
site plan review requests.
(b) Making reports to the Board of Zoning
Appeals, if it so chooses, concerning the granting of variances
and special permits.
(c) Advising the Common Council regarding the
preparation and revision of the city ordinances related to
planning, zoning, site plan review, signs, mobile home parks,
subdivisions, historic landmarks and/or districts, land use and
related subjects properly within its jurisdiction.
(d) Reviewing major capital proposals for
compliance with the comprehensive plan of the city and reporting
thereon.
(e) Developing and, as needed, amending the
official City Map and directing the Engineering Division of the
Department of Public Works to reflect these decisions in the
preparation and promulgation of the City Map.
2. Initiating, preparing and adopting a comprehensive
plan for the city for subsequent adoption by the Common Council,
with staff service provided by the Director of Planning and
Development.
3. Reviewing periodically, preparing and adopting
amendments to the comprehensive plan for subsequent adoption by
the Common Council.
April 6, 1994
4. Making recommendations to the Board of Public Works
and the Common Council regarding the siting of major public
improvements serving the city, in accordance with the
comprehensive plan.
5. Making recommendations to the Common Council and
the Board of Public Works concerning the sale, purchase or use of
city lands and buildings.
6. Initiating and supervising the development of a
data base, including the demographic, economic, social and
business data to support the economic and social needs and
opportunities of the city.
7. Considering, advising upon and supporting
appropriate capital, economic and social programs for the benefit
of the city and its people.
8. Assisting the Director of Planning and Development
in locating and developing sources of financial and other
assistance for physical, economic and social development, and
recommending appropriate action by the Common Council concerning
the same.
9. Advising and assisting in making relevant
neighborhood and functional area studies, including, but not
limited to, economic development, transportation, recreation,
housing, delivery of human services and environmental systems
throughout the city.
10. Making recommendations concerning the annual work
program for the Department of Planning and Development for
subsequent adoption by the Common Council.
11. Making recommendations to the Director of Planning
and Development concerning the organization, budget and internal
operations of the Department of Planning and Development.
12. Serving as a link between the city government and
organizations and private citizens in its field of interest and
competence.
13. Undertaking such related functions and duties as
shall be requested of it by the Mayor or Common Council."
Section 2. Effective Date. This Local Law shall take
effect immediately after filing with the office of the Secretary
of State. (Effective Date: April 21, 1994)
Alderperson Schroeder explained the proposed changes which would
be made to the Local Law.
A vote on the Local Law resulted as follows:
Carried Unanimously
* 16.2 An Ordinance Amending Section 170-9 of Chapter 170
Entitled "Encroachments" of the City of Ithaca Municipal Code,
Regarding Marquees, Canopies and Sunscreens
By Alderperson Schroeder: Seconded by Alderperson Johnson
ORDINANCE NO. 94 -
An Ordinance amending Chapter 170 entitled "Encroachments" of the
City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
SECTION 1. That Chapter 170 entitled "Encroachments", of
the City of Ithaca Municipal Code is amended as follows:
April 6, 1994
1. That Section 170-9 entitled "Marquees, canopies and
sunscreens", is hereby amended to read as follows:
"170-9. Marquees, canopies and sunscreens.
A. Location and installation specifications. Marquees,
solid canopies or sunscreens with a structural metal framework
may be placed over the entrances and fronts of stores, theaters
and hotels and may extend to within eighteen inches (18") of the
curb only on streets where the sidewalk occupies the entire space
from the building line to the curb. The top, front and sides of
such structures may incorporate wire glass, shatter-proof glass
or other safe transparent or translucent material intended to
admit light to the sidewalk below or to allow illumination of any
sign attached to or behind the front or sides of the marquee.
The lowest edge of any marquee, canopy or sunscreen shall not be
less than nine and one-half (9 1/2) feet above the sidewalk,
provided that the lowest edge of any portion of any marquee,
canopy or sunscreen that is located within four (4) feet of the
building shall not be less than eight (8) feet above the
sidewalk. Such structures must be securely fastened to the
building, supported as to outward projection by means of tie rods
or chains securely fastened both to the structure of the marquee,
canopy or sunscreen and to the structure of the building above
it. Ornamental iron or steel brackets may also be included in
the design of such marquees and may extend down on the wall of
the building to a point not less than eight (8) feet above the
sidewalk at the wall of the building. Electric lights may be
used in the illumination of marquees.
B. Conditions prerequisite to installation and operation.
(1) Approval of design. Before erecting any marquee,
canopy or sunscreen, the person or persons
desiring to erect the same shall submit to the
Building Commissioner a request, in writing,
together with a drawing or cut of the proposed
device showing clearly its design and method of
construction and attachment.
(2) Disapproval of design by the Building
Commissioner. Should the Building Commissioner
disapprove an encroachment for any reason, he/she
shall notify the applicant by the most expedient
means, stating the reasons for such disapproval.
In the event that no agreement on an acceptable
encroachment design is reached between applicant
and the Building Commissioner, the applicant shall
have the right to appeal the Building
Commissioner's decision to the Planning and
Development Board, unless the property in question
has been designated an historic landmark or is
within an historic district, in which event, the
appeal shall be to the Ithaca Landmarks
Preservation Commission. In issuing its
determination the Planning and Development Board
or the Ithaca Landmarks Preservation Commission,
as the case may be, may solicit the opinions of
the Superintendent of Public Works, the Police
Chief, the Fire Chief, the Director of Planning
and Development and if applicable the Commons
Coordinator.
(3) Issuance of permit. In the event of approval by
the Building Commissioner or of approval by the
Planning and Development Board or the Ithaca
Landmarks Preservation Commission in case of an
appeal, the Building Commissioner shall issue the
requested permit if all other requirements of this
Chapter are met. In no case shall an applicant
April 6, 1994
begin construction or erection of any encroachment
without a valid permit therefor."
SECTION 2. This Ordinance shall take effect immediately and
in accordance with law upon publication of a notice as provided
in the Ithaca City Charter. (Effective Date: April 12, 1994)
Carried Unanimously
* 16.3 An Ordinance Amending Section A352-3 of Chapter 352
Entitled "Commons Operations Manual and Vending Cart Regulations"
of the City of Ithaca Municipal Code, Regarding Marquees,
Canopies and Sunscreens
By Alderperson Schroeder: Seconded by Alderperson Mackesey
ORDINANCE NO. 94 -
An Ordinance amending Chapter A352 entitled "Commons Operations
Manual and Vending Cart Regulations" of the City of Ithaca
Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. That Chapter A352 entitled "Commons Operations Manual
and Vending Cart Regulations" of the City of Ithaca Municipal
Code is amended as follows:
1. That Section A352-3(A)(2) is hereby amended to read as
follows:
"(2) Type, size and placement of private advertising and
identification signs on the Commons in accordance with Chapter
272, Signs, provided that such review and approval or disapproval
shall not be required when the private advertising and/or
identification sign is in connection with a marquee, canopy or
sunscreen when the permission for the marquee, canopy or
sunscreen has been granted by the Planning and Development Board
or the Ithaca Landmarks Preservation Commission pursuant to
Chapter 170, Encroachments."
2. That Section A352-3(B)(3) is hereby amended to read as
follows:
"(3) Public and private construction, renovation and
rehabilitation of building facades and open spaces (parking
areas, entries, etc.) and demolition in the Tax Benefit District.
Review shall be in terms of aesthetic character, visual effect
and operational impact, provided that such review and advice
shall not be required when the construction, renovation and
rehabilitation applies to a marquee, canopy or sunscreen where
the approval for such marquee, canopy or sunscreen has been
granted by the Planning and Development Board or the Ithaca
Landmarks Preservation Commission pursuant to Chapter 170,
Encroachments."
SECTION 2. This Ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter. (Effective date: April 12, 1994)
Carried Unanimously
* 16.4 An Ordinance amending Chapter 170 entitled "Encroachments"
of the City of Ithaca Municipal Code.
By Alderperson Schroeder: Seconded by Alderperson Johnson
ORDINANCE NO. 94 -
An Ordinance amending Chapter 170 entitled "Encroachments" of the
City of Ithaca Municipal Code.
April 6, 1994
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. That Section 170-5 entitled "Permit Duration and
Fees" of Chapter 170 entitled "Encroachments" of the City of
Ithaca Municipal Code be amended as follows:
"Section 170-5. Permit Duration and Fees.
A. All permits and renewals thereof shall expire on the
first day of the third January following their date of issuance
or renewal, it being the intention that such permits and renewals
thereof shall be valid for a period in excess of two years and
not more than three years.
B. The fee for a permit and for each additional entry of an
encroachment thereon shall be One Hundred Dollars ($100.00); and
the fee for each renewal of such permit, including all additions,
shall be Fifty Dollars ($50.00); and any such fee unpaid at the
next lien date for City taxes shall thereupon become a lien
against said property and be collected as provided by law.
SECTION 2. This Ordinance shall take effect immediately and
in accordance with law upon publication of a notice as provided
in the Ithaca City Charter. (Effective Date: April 12, 1994)
Carried Unanimously
* 16.5 An Ordinance amending Chapter 146 entitled "Building
Construction" of the City of Ithaca Municipal Code.
By Alderperson Schroeder: Seconded by Alderperson Efroymson
ORDINANCE 94 -
An Ordinance amending Chapter 146 entitled "Building
Construction" of the City of Ithaca Municipal Code.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. That Chapter 146 entitled "Building Construction" of
the City of Ithaca is amended as follows:
1) That subdivision C.(3) of Section 146-7 entitled
"Building Permits" is hereby amended to read as follows:
"(3) Any amendment to the application or the plans or
specifications upon which the building permit has been
issued must be filed and an amended building permit obtained
prior to the commencement of any work which is either
inconsistent with or in addition to the application or the
plans or specifications upon which the building permit has
been issued. If there is an increase in the value of the
project as a result of the amendment, an additional fee
shall be paid for that increase, based on the fee schedule
above. If there is no increase in the value of the project
as a result of the amendment, but additional plan review
time is incurred, an additional fee of twenty-eight dollars
($28.00) per hour shall be paid for the additional plan
review time."
2) That subdivision G of Section 146-15 entitled
"Demolition" is hereby repealed.
SECTION 2. This Ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
the Ithaca City Charter. (Effective date: April 12, 1994)
Carried Unanimously
* 16.6 Endorsement of State Enabling Legislation Authorizing
Cities to Use Residential Parking Permits
April 6, 1994
By Alderperson Schroeder: Seconded by Alderperson Thorpe
WHEREAS, the City of Ithaca's Common Council has previously
passed a Home Rule Message requesting State authorization to
enact a local Resident Parking Permit System, and
WHEREAS, such a special Act for the City of Ithaca was not
approved by the State Legislature, and
WHEREAS, in the absence of such enabling legislation, the City of
Ithaca does not have the authority to enact a Resident Parking
Permit System, and
WHEREAS, there are bills before the State Senate and Assembly
known as S.2919 and A.4882, respectively, which will enable local
governments in New York State to establish and operate Resident
Parking Permit Systems within their borders, and
WHEREAS, the Common Council may, some time in the future,
investigate the possibility of establishing such districts in
various neighborhoods in the City of Ithaca, now, therefore be it
RESOLVED, That the Common Council does hereby express its support
for S.2919 and A.4882, and urge Senator James L. Seward and
Assemblyman Martin A. Luster to support the aforementioned bills
and, be it further
RESOLVED, That the Common Council does express its appreciation
to Assemblyman David F. Gantt for his support of this legislation
and to Assemblyman Martin A. Luster for his co-sponsorship of the
bill and, be it further
RESOLVED, That the City Clerk be directed to transmit a true and
exact copy of this resolution to Senator Seward, Assemblyman
Gantt and Assemblyman Luster.
Carried Unanimously
INTER-INSTITUTIONAL COMMITTEE:
Update on Fire Contract - Report
Alderperson Efroymson reported that the Town of Ithaca's fire
contract with the City of Ithaca for fire protection expires on
December 31, 1994. We need to have a new contract in place at
that time. Representatives from the City and Town are meeting
and will continue to do so.
He urged any Council members who may have input for the procedure
to attend the Inter-Institutional Committee meetings.
Cornell University/Ithaca College - Report
Alderperson Efroymson reported that Cornell makes a voluntary
contribution each year to the City in lieu of any taxes that it
might pay for service that it actually gets from the City. For
example, in 1993, 19.3% of all the calls that the Fire Department
responded to were from Cornell University.
Alderperson Efroymson reported that Ithaca College makes no
voluntary contribution for fire protection. He stated that these
matters will be on the agenda for the Inter-Institutional
Committee in the forthcoming months.
YOUTH COMMITTEE:
* 18.1 City/School District Partnership Resolution
By Alderperson Shenk: Seconded by Alderperson Johnson
The Youth Committee of the Ithaca Common Council was created this
year to focus particular energy and attention on improving the
lives of young people in our community. We believe that, like
the Ithaca City School District, the City of Ithaca has a clear
and vested interest in the educational success of our young
people.
Statistics available from the CAR report, and census figures
gathered for the city's Economic Development Zone application,
indicate that our school system is not meeting the needs of all
April 6, 1994
of our students - most notably African American, Latino and
economically disadvantaged youth.
These statistics also require the city to find better ways to
address the underlying problems which create roadblocks to
success, such as unemployment, crime, drug and alcohol addiction.
One way the city plans to begin addressing these issues is to
foster clear communication and coordination among youth service
providers.
Common Council and the Ithaca School Board in their policy-making
roles need to work together if we are to make a significant
impact on the lives of our young people. As policy-making bodies
we have parallel tasks, each being influenced and impacted by the
actions of the other. With good communication and a commitment
to solicit and utilize community input, our efforts can
complement and build on each other.
RESOLVED, That as first steps in forging an enduring city/school
district partnership, the Common Council in conjunction with the
Youth Committee recommends the following:
1) the Mayor appoint a liaison from Common Council to the
School Board;
2) the School Board president be asked to appoint a
liaison to Common Council's Youth Committee, and
3) a copy of this statement be forwarded to the School
Board and to the Superintendent.
Alderperson Shenk explained the need for the City/School District
Partnership. Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
ECONOMIC DEVELOPMENT COMMITTEE:
* 19.1 Authorization to Execute Lease with Stewart Howe Alumni
Service of Ithaca in the Carpenter Business Park
By Alderperson Mackesey: Seconded by Alderperson Johnson
WHEREAS, Stewart Howe Alumni Service, a business providing alumni
services to college organizations and located in the City of
Ithaca since the 1920's, has outgrown the space available in its
current location at 317 West State Street, and
WHEREAS, Stewart Howe has not been able to find suitable and
affordable space in the Central Business District and is,
therefore, considering moving out of the CBD and possibly the
city, and
WHEREAS, it is in the city's interest to maintain this business
and its existing sixteen jobs in the city, and
WHEREAS, Stewart Howe is a business which meets the terms of the
leasing policy for Carpenter Business Park, and
WHEREAS, the company expects to continue its past growth and
expand its employment, and
WHEREAS, Stewart Howe Alumni Service is a business wholly owned
by Peter McChesney, and
WHEREAS, Peter McChesney has already made arrangements for
financing including a first mortgage loan in the amount of
$202,500.00 from a local lending institution and $170,000.00 to
be secured by a second mortgage to the Empire State Certified
Development Corporation, which mortgage will immediately be
assigned to the United States Small Business Administration
pursuant to the SBA 504 Debenture Loan Program, and
WHEREAS, the Economic Development Committee of the Ithaca Urban
Renewal Agency has recommended that the Ithaca Urban Renewal
April 6, 1994
Agency execute a lease agreement with McChesney: now, therefore,
be it
RESOLVED, That the Mayor, as Chair of the Ithaca Urban Renewal
Agency and subject to the advice of the Director of Planning and
Development and the City Attorney, is authorized to execute the
standard Carpenter Business Park lease agreement with Peter
McChesney for an approximately three-quarter acre site in
Carpenter Business Park, subject to the following modifications
to the standard lease agreement. Said lease agreement will have
a clause specifying performance in a timely manner which, if not
met, will cause cancellation of the lease. The standard lease
agreement will be modified as follows:
1. The term of the lease, instead of being for a period of
20 years, will run for a period of 21 years after the lessee has
obtained a certificate of occupancy for the structure which will
be constructed on the premises.
2. The lessee will have the option of purchasing the
premises at any time between the beginning of the twentieth year
of the lease and the termination of the lease.
3. The Ithaca Urban Renewal Agency shall execute a
mortgage to the Empire State Certified Development Corporation,
which mortgage shall be assigned to the U.S. Small Business
Administration mortgaging the fee title to the premises which
mortgage shall provide that the lease conditions shall be
included as restrictive covenants shall run for a period of 20
years and the beginning of the lease term.
4. The Lessee shall secure the payment of the option price
($34,686.00) by depositing in escrow or otherwise providing
appropriate security that if the lessee defaults in his mortgage
with the U.S. Small Business Administration forecloses on the
premises, that the City will receive a $34,686.00 option price.
The terms of such escrow arrangement or security shall be
approved by the Controller and the City Attorney, and be it
further
RESOLVED, That the Mayor, as Chair of the Ithaca Urban Renewal
Agency, and subject to the advice of the Director of Planning and
Development and the City Attorney, is authorized to execute the
aforesaid mortgage to the Empire State Certified Development
Corporation to be assigned to the U.S. Small Business
Administration.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:10 p.m.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor