HomeMy WebLinkAboutMN-CC-1995-06-07June 7, 1995
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. June 7, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Mackesey, Gray, Efroymson,
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Controller - Cafferillo
City Attorney - Guttman
Planning and Development Director - Van Cort
Police Chief - McEwen
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 the Minutes of the April 5, 1995 Common Council
Meeting
By Alderperson Schroeder: Seconded by Alderperson Shenk
RESOLVED, That the Minutes of the April 5, 1995 Common Council
meeting be approved with the corrections noted by Alderperson
Schroeder.
Carried Unanimously
Approval of the Minutes of the May 3, 1995 Common Council Meeting
By Alderperson Booth: Seconded by Alderperson Efroymson
RESOLVED, That the Minutes of the May 3, 1995 Common Council
meeting be approved with the correction noted by Alderperson
Booth.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Economic Development Committee
Alderperson Mackesey requested the addition of a resolution
regarding the BT Glass building.
No Council member objected.
New Business
Alderperson Mackesey requested the addition of a resolution
concerning the Civil Service Law.
No Council member objected.
Executive Session
Alderperson Mackesey requested an Executive Session at the end of
the meeting to discuss possible litigation.
No Council member objected.
MAYOR'S APPOINTMENTS:
Cable Commission
Mayor Nichols requested Council approval for the appointment of
Jill Brantley, 613 Utica Street to the Cable Commission with a
term to expire December 31, 1995.
Resolution
By Alderperson Shenk: Seconded by Alderperson Gray
RESOLVED, That Council approves the appointment of Jill Brantley
to the Cable Commission with a term to expire December 31, 1995.
Carried Unanimously
June 7, 1995
Conservation Advisory Council
Mayor Nichols requested Council approval for the appointment of
Martin Violette, 145 Cascadilla Park to the Conservation Advisory
Council with a term to expire December 31, 1995.
Resolution
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That Council approves the appointment of Martin
Violette to the Conservation Advisory Council with a term to
expire December 31, 1995.
Carried Unanimously
Affirmative Action Advisory Committee
Mayor Nichols announced that he has appointed Arleathia "Cissy"
Evans, 417 Cascadilla Street, and Julia Diann Sams, 521 First
Street, to the Affirmative Action Advisory Committee, with terms
to expire December 31, 1996 and December 31, 1997, respectively.
Youth Bureau Advisory Council
Mayor Nichols announced that he has appointed Joan Spielholz, 101
Orchard Place to the Youth Bureau Advisory Council with a term to
expire December 31, 1997.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Octopus Design
Ms. Faye Gougakis, 412 East Tompkins Street, spoke to Council in
opposition to the design of the proposed construction at the
Octopus.
Pedestrian Walkways, Bike Routes on Route 13
Ms. Gougakis stated that she is disappointed to read that the
merchants on Route 13 do not want pedestrian sidewalks or bicycle
routes on Route 13. She further feels that the community should
be promoting non-vehicular roads. She stated that she is also
very disturbed about the widening of the road in front of
Buttermilk Falls State Park, and that there should have been
public hearings held on that matter.
Archive/Cable Access
Ms. Gougakis addressed Council on the issue of an archive for
cable access. She further stated that she thinks the Cable
Commission should be dismantled, and she noted her opposition to
the appointment of Jill Brantley to the Cable Commission.
New York State Cable Commission
Mr. Nick Papatonis, Mayoral candidate, reported to Council that
the New York State Cable Commission is allowing him back on cable
access effective June 8, 1995.
Southside
Mr. Papatonis addressed Council regarding the increasing violence
on the southside of town, and he feels that the police should
patrol that area more.
Policy for Traffic
Mr. Joseph Daley, Chair of the Traffic Task Force, addressed
Council regarding the Traffic Management in Residential
Neighborhoods Resolution. He stated that the resolution
represents a culmination of work by many people including the
Traffic Task Force, Board of Public Works, and the Planning
Committee. He urged Council to support the resolution.
Mr. Steven Ehrhardt, Board of Public Works Commissioner,
explained the guidelines for mitigating negative impacts of
traffic changes. He also urged Council's support for the
resolution.
Cornell University Building Permits
Mr. Alan Cohen, Mayoral candidate, 408 Hector Street, thanked
Mayor Nichols for deciding to issue building permits to Cornell
June 7, 1995
University. He stated that he believes this was the right thing
to do and he hopes that Common Council fully supports the Mayor's
actions in this regard.
Inventory of City Properties
Mr. Cohen referred to an article in the Ithaca Journal concerning
the number of properties the City owns and the attempt to
inventory these properties, and then dispose of appropriate
parcels. He urged caution to the Mayor and Council regarding
disposing of these properties without first looking at the
potential for each of the individual parcels. He used the
example of offering the City Hall Annex to the Town of Ithaca as
an example of how municipalities could be cooperating and
consolidating.
Stop Wal-Mart Campaign
Alderperson Efroymson stated that Tim Allen, one of the
organizers of the Stop Wal-Mart Campaign, requested that the
petition that was turned over to the Mayor, which contained
approximately 7,000 names, be given to Common Council, as well as
become part of the public record. Mr. Allen urges Common Council
to do anything within its power to stop Wal-Mart from being
located at the proposed site.
RESPONSE TO THE PUBLIC:
Route 13 Expansion/Public Hearings
Alderperson Johnson stated that the New York State Department of
Transportation held a public hearing at the Ithaca High School
regarding the Route 13 expansion project. He also noted that the
City had a discussion and vote on the expansion within the City
limits.
Cable Commission Appointment
Alderperson Thorpe stated that she feels that Jill Brantley will
be an excellent addition to the Cable Commission.
Inventory of City Properties
Alderperson Schroeder stated that he agrees that it would be
ideal if the Town of Ithaca wanted to use the City Hall Annex,
but he believes that the Town was approached by the City a couple
of years ago, and the indication was that Town was not interested
in the building. He stated that if the Town is interested in the
building now, he would certainly like to know about it.
Alderperson Booth stated that he agreed with Mr. Cohen's remarks
regarding using caution while considering disposing of City
property.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported that the Board of Public Works
considered the following items:
The Board approved the placement of trash barrels in the West end
for a trial period of three months. The trial period ends June
30, 1995. In order to offset the costs of the trash pick-up, the
Board decided to extend the "Carry-in/Carry-out" policy to Cass
Park.
Approval was given to the Hangar Theater for building
modifications to improve handicap access.
Approval was given for additional bike racks on the Commons.
The Board voted to continue the Cass Park Ballfields Committee
for the purpose of long-range planning.
The Board requested the City Attorney to investigate the process
for de-commissioning a portion of Lake Avenue from Adams Street
to Route 13 for the purpose of establishing a park.
The Board voted to combine Circle Greenway and the Parks
Commission. A Charter change will be required.
June 7, 1995
The Board passed a resolution authorizing a "No Right Turn on
Red" at the intersection of College Avenue and Dryden Road.
The Board voted to change parking regulations on West State
Street in the area of Cramer's Auto Parts.
Approval was given to remove one or two parking spaces at Oneida
and Fairmount Avenue due to a request from a disabled resident.
The Board authorized security lighting and signage at the
Cascadilla Boat House through a request from the Cascadilla Boat
Club.
The Board is conducting discussions regarding re-organization of
the Engineering Office and also procedures for handling
neighborhood traffic requests.
Commissioner Reeves reported that she attended the 9th Annual
Southern Tier Bus Rodeo. There were 36 drivers who competed.
Four Ithaca Transit drivers participated. Ann Ferris took first
place in the Ithaca division; Pete Dzikiewicz came in second and
Sue Barlow came in third. Ann Ferris' high score placed her
eighth out of the 36 drivers.
COMMUNICATIONS FROM THE MAYOR:
Cornell Building Permits
Mayor Nichols read the following statement into the record:
"Over the past few days I have received assurances to convince me
that the opportunity now exists of constructive negotiation to
take place between the City of Ithaca and Cornell University.
I anticipate that these discussions will begin in the very near
future with the goal of reaching a long term agreement covering
all outstanding issues, before the end of the summer.
At the same time City staff will be preparing, as quickly as
possible, a proposal for a revised zoning ordinance, appropriate
to a university zone, for consideration by the Board of Planning
and Development and Common Council.
To enable all parties to focus on the goals of the creation and
enforcement of an improved zoning law and a long term agreement
for cooperation between the City and Cornell, I have issued
instructions to the Building Commissioner to issue the building
permits."
Marriage Licenses for Same Sex Couples
Mayor Nichols reported that the City was approached by two gay
men who requested a marriage license. The City Attorney, City
Clerk, Alderperson Thorpe, as well as people with more experience
in lesbian and gay rights issues have met with the couple several
times.
Mayor Nichols stated that it is his belief that it is appropriate
for same sex marriages to take place, just as it is appropriate
for anyone else to have that right and responsibility. He
further stated that he understands that there is nothing in the
State law
that forbids same sex marriages, and more importantly, it seems
that under the equal protection clause of the constitution,
people should have that right if they wish to exercise it.
Mayor Nichols further remarked that at the moment, because of the
need for further research, the marriage license has not been
issued.
Mayor Nichols suggested that Council take a position on this
issue and consider a resolution that is being distributed state
wide which reads as follows:
June 7, 1995
"Because marriage is a fundamental right under our constitution
and because the constitution guarantees equal protection of the
law,
Resolved, That the state should permit gay and lesbian couples to
marry and share fully and equally in the rights and
responsibilities of marriage."
Mayor Nichols requested that the Youth and Human Services
Committee consider this resolution at their next meeting, and to
bring it back to Council for a vote. He also requested that in
the course of the discussion at committee level, they involve as
many people from the public as possible to get their views, so it
is not simply a matter that is handled by the Mayor and City
Attorney, but is one in which Council and members of the public
have an opportunity to be heard on this issue.
REPORT OF THE CITY CLERK:
NYALGRO Conference
City Clerk Conley Holcomb reported that she attended a seminar
this week for local government records officers, and the City's
computerization efforts have been recognized state-wide. She
stated that a representative from the State Archives and Records
Administration asked her for the specifications for our
electronic Common Council minute index to be used as a model for
other communities. Instructors at the conference also used Bill
Kaupe's, and the Ithacanet's work as an example for the
telecommunications initiative project, as communities that are
already on line and providing public access to records through
computerization.
REPORT OF THE CITY ATTORNEY:
Court Cases
City Attorney Guttman reported that the City of Ithaca and the
Landmarks Preservation Commission have recently been sued by the
Heritage Coalition Inc. and Barbara Ebert. The lawsuit is based
on the conceptual approval for renovations at Sage Hall.
The City of Ithaca and the Planning and Development Board have
recently been sued by Margaret Rumsey, John Kadar, and Guy
Gerard. The lawsuit affects the approval process being
considered by the Planning and Development Board for East Coast
Development Corp. with regard to the WalMart site.
Tompkins County Credit Needs Assessment
City Attorney Guttman noted that last year in connection with the
merger of Citizens Savings Bank and M & T Bank, negotiations took
place and one point agreed upon was that the bank would be
performing a Tompkins County credit needs assessment. Currently
five local financial institutions have agreed to provide funding
for the study including, Tompkins County Trust Company, Fleet
Bank, Alternatives Federal Credit Union, Marine Midland Bank and
M & T Bank. Cornell Federal Credit Union, First Federal Savings
and Loan, Cayuga Mortgage Company, Invested Equity Company,
Norwest Mortgage Company and Chase Manhattan were asked to
participate but declined to do so.
Four specific areas of the population will be surveyed including,
households, small businesses, non-for-profits and community
groups, and municipalities. The survey should be completed by
the end of June and a report will be forwarded to Common Council
at that time.
Cable Television
City Attorney Guttman reported that in a Council Resolution dated
October 5, 1994, the City of Ithaca expressed reservations
concerning Time Warner's introduction of a cable plus service
tier, as well as how they treated public access commitments on
subscriber bills. The matter was referred to the New York State
Commission on Cable Television.
June 7, 1995
On May 11, 1995, the Consumer Services Unit of the State Cable
Commission issued a determination. The Commission specifically
determined that subscribers who were charged for the cable plus
tier for any part of the two month period from July 20 -
September 21 of 1994, the period of time when the cable plus tier
was not scrambled, are entitled to a refund or a credit, such
charge on a pro rata basis. The State Cable Commission has asked
Time Warner to provide a written statement indicating the number
of subscribers who are affected, the total amount of the refund
and in which billing cycle the subscriber accounts will be
adjusted.
With respect to the manner in which public education and
governmental access related payments are reflected on subscriber
bills, the State Cable Commission has determined that no charges
other than that which specifically qualifies as the franchise fee
payment, subject to the 5% ceiling, may be separately itemized as
a line item on the subscriber bill. Time Warner was asked to
reply within ten days
ECONOMIC DEVELOPMENT COMMITTEE:
* 14.1 Commons 20th Anniversary Resolution
By Alderperson Mackesey: Seconded by Alderperson Johnson
WHEREAS, the Ithaca Commons is celebrating its twentieth
anniversary, and
WHEREAS, the Commons was dedicated "to the citizens of Ithaca as
a public gathering place, a commercial center and a community
focal point", and
WHEREAS, Ithaca citizens, businesses and visitors have made full
use of this public space during its lifetime, and
WHEREAS, the Commons has a bright future as the heart of Ithaca,
and
WHEREAS, a celebration is planned for June 22, 1995 on the
Commons; now, therefore, be it
RESOLVED, That Common Council joins with other residents and
businesses in celebrating this landmark and supports its future
good health and vitality.
Carried Unanimously
* 14.2 Sale of the BT Glass Building
By Alderperson Mackesey: Seconded by Alderperson Thorpe
WHEREAS, the City of Ithaca owns the property located at 201-205
Tompkins Street, commonly known as the "BT Glass" building, and
WHEREAS, this Council has determined that the ownership of this
property is not necessary for City purposes, and
WHEREAS, the City of Ithaca has solicited bids for this property,
and
WHEREAS, the City received three (3) bids for the property, the
highest bid being a bid of $91,000.00 by Tony Serviente who owns
a small glass company which designs and makes stained glass and
other forms of glass art work and who intends to occupy the
apartment on the second floor of the building and use the ground
floor for studio, office and small showroom, and
WHEREAS, this Council is aware that the market value is defined
by the Unified Standards of Professional Appraisal Practice as
the most probable price at which a property should sell in a
competitive and open market under all conditions requisite to a
fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue
stimulant, and
June 7, 1995
WHEREAS, the market through the bid process has determined that
the fair market value of the BT Glass property today is
$91,000.00, which price is affected by the current locally soft
real estate market and the fact that the property is very unique
(commercial property in a residential neighborhood) and needs a
significant amount of rehabilitation and renovation work, and
WHEREAS, Tony Serviente has obtained a mortgage commitment from
the Tompkins County Trust Company which will enable him to
purchase the property, and
WHEREAS, due and proper notice of the proposed sale of this
property has been published in the Ithaca Journal; now,
therefore, be it
RESOLVED, that this Council determines that the property at 201-
205 Tompkins Street in the City of Ithaca, commonly known as the
"BT Glass" building is surplus property and may be sold by the
City of Ithaca, and be it further
RESOLVED, that this Council determines that the current fair
market value of this property is the sum of $91,000.00, and be it
further
RESOLVED, that this Council hereby approves the sale of the
aforesaid premises to Tony Serviente for the purchase price of
$91,000.00 and authorizes the Mayor to execute all documents
necessary to effectuate the transfer of the property.
Discussion followed on the floor regarding the proposed uses for
this building.
A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING COMMITTEE:
* 15.1 An Ordinance Amending Sections 325-3 and 325-8 of Chapter
325 Entitled "Zoning" of the City of Ithaca Municipal Code
Regarding Adult Entertainment Establishments--Call for A Public
Hearing
By Alderperson Schroeder: Seconded by Alderperson Gray
RESOLVED, That Ordinance 95-_____ entitled “An Ordinance amending
Sections 325-3 and 325-8 of Chapter 325 entitled “Zoning” of the
City of Ithaca Municipal Code regarding Adult Entertainment
Establishments in the City of Ithaca” be and it hereby is
introduced before the Common Council of the City of Ithaca, New
York and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance to be held at
the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, July 5, 1995, 7:00
p.m., and be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed Ordinance for its report thereon.
Carried Unanimously
THE PROPOSED ORDINANCE READS AS FOLLOWS:
WHEREAS, the City of Ithaca in the exercise of its rights and
powers as a municipality to provide for the health, safety, and
welfare of existing and future residents desires to enact and
enforce regulations on adult entertainment uses, and
June 7, 1995
WHEREAS, Council has assessed the potential impacts of adult
entertainment uses on the City of Ithaca and determined that
there is convincing evidence that live performances of sexually-
oriented adult entertainment uses, because of their very nature,
have serious objectionable operational characteristics, and have
a deleterious effect on both the existing businesses around them
and the surrounding residential areas, causing increased crime
and down-grading of property values, and
WHEREAS, Council desires to control the adverse effects brought
on by sexually oriented businesses and thereby protect the
health, safety and general welfare of the citizenry, protect the
citizens from increased crime, preserve the quality of life in
the City and preserve property values and the unique natural
environment which characterizes the City of Ithaca, and
WHEREAS, secondary effects in the form of deterioration, blight
and economic decline associated with the establishment and
operation of adult entertainment uses have been documented in
other communities, and
WHEREAS, the United States Supreme Court and the Court of Appeals
for the State of New York have determined that certain types of
adult entertainment are protected as constitutional expressions
of speech and may not be prohibited, but only limited in their
location within a community, and
WHEREAS, the Council has determined that locating adult
entertainment establishments, as that term shall be described in
the subsequent ordinance, in a specified zone is in the interest
of the health, safety, morals and general welfare of the people
of the city; now, therefore be it
ORDAINED as follows:
That Chapter 325 of the Municipal Code entitled "Zoning" shall
be amended to add the following definition to Section 325-3:
Adult entertainment establishment is any establishment or
place of business where any person engages in, conducts,
operates, carries on, or permits to be engaged in, conducted,
operated or carried on 1) live performances which are
characterized by an emphasis on "specified anatomical areas" or
"specified sexual activities"; or 2) where employees, as part of
their employment, regularly expose to patrons, "specified
anatomical areas".
"Specified anatomical areas" as used in this definition
include: 1) less than completely and opaquely concealed: a) human
genitals, pubic region, b) human buttock, anus, or c) female
breasts below a point immediately above the top of the areola; or
2) human male genitals in a discernable turgid state, even if
completely and opaquely concealed. For the purposes of this
definition of adult entertainment establishment the term
"specified sexual activities" includes: 1) human genitals in a
state of sexual stimulation or arousal; 2) actual or simulated
acts of human masturbation, sexual intercourse or sodomy; or 3)
fondling or other erotic touching of human genitals, pubic
region, buttock, anus or female breasts.
Adult entertainment establishments may not be located in any
zone except I-1 use districts and may not be located, when
initially opened as or converted to an adult entertainment
establishment, within three hundred and fifty feet of any of the
following:
1) the boundary of any residential zoning district;
June 7, 1995
2) any property, including the exterior lot, used as a
licensed day care facility;
3) any structure, including the exterior lot, which has tax
exempt status as a religious or educational use;
4) any waterfront, park or farmers' market;
5) any gymnastic center, library or museum.
Adult entertainment establishments may not front on those
portions of Meadow Street, Route 13 or Fulton Street which are
bounded on the north by Cascadilla Street and on the south by
Clinton Street.
II. Amend Section 325-8: District Regulations Chart, to
include for the I-1 zone a new paragraph 5 to read "Adult
Entertainment Establishments" in the second column of the
District Regulations chart entitled "Permitted Primary Uses" and
add a notation "with further limitations as described in the
definition of this use.".
Discussion followed on the floor regarding the areas that Adult
Entertainment Establishments will be allowed. Alderperson Booth
stated that a map has been prepared showing a reasonable amount
of locations that meet the criteria for this type of
entertainment.
* 15.2 An Ordinance Amending Sections 325-3, 325-8, 325-9, and
325-20 of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code Regarding Bed-and-Breakfast Uses--Call for A
Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That Ordinance 95-_____ entitled “An Ordinance amending
Sections 325-3, 325-8, 325-9 and 325-20 of Chapter 325 entitled
“Zoning” of the City of Ithaca Municipal Code regarding Bed-and-
Breakfast Uses in the City of Ithaca” be and it hereby is
introduced before the Common Council of the City of Ithaca, New
York and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance to be held at
the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, July 5, 1995, 7:00
p.m., and be it further
RESOLVED, That the City Clerk give notice of such public hearing
by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. Such notice shall be published once at least fifteen
days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board a true and exact copy of the
proposed Ordinance for its report thereon.
Carried Unanimously
THE PROPOSED ORDINANCE READS AS FOLLOWS:
ORDINANCE 95 -_________
An Ordinance Amending Sections 325-3, 325-8, 325-9 and 325-20 of
Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal
Code Regarding Bed-and-Breakfast Uses.
WHEREAS, bed-and-breakfast uses can strengthen the economic base
of communities by introducing new business opportunities; by
creating business income from non-income-producing property; and
June 7, 1995
by increasing the economic viability of neighborhoods without
diminishing residential character, and
WHEREAS, bed-and-breakfast uses promote the community's tourism
and travel industry by providing an alternative type of transient
accommodation that increases the lodging choices available to
tourists and travelers; by attracting lodgers who avoid hotels or
motels in favor of bed-and-breakfasts; by providing
accommodations for travelers at tourism sites whose settings are
not amenable to commercial hotels and motels; and by relieving
any shortage of rooms during special events or seasonal high-
occupancy periods, and
WHEREAS, bed-and-breakfast uses encourage maintenance,
rehabilitation and historic preservation of older residential
buildings in areas where the housing stock is sound but
deteriorating, thereby promoting neighborhood revitalization and
conversion, and
WHEREAS, bed-and-breakfast uses are an appropriate adaptive reuse
for large older houses, when the original use as a single-family
dwelling is obsolete and the dwelling can be converted from
multiple tenancy back to an owner-occupied bed-and-breakfast,
thereby encouraging owner occupancy, and
WHEREAS, the ordinance provision limiting in certain zones the
proximity of bed-and-breakfast homes to each other is intended to
ensure such uses do not, through concentration, diminish the
residential character of neighborhoods in which they may be
established; now, therefore, be it
ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to add to the permitted
primary uses in the R-1, R-2, R-3 and R-U zones "Bed-and-
breakfast home by special permit from the Board of Zoning
Appeals, such permit requiring renewal by this Board every five
years."
Section 2. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to add to the permitted
primary uses in the R-3 and R-U zones "Bed-and breakfast inn by
special permit from the Board of Zoning Appeals, such permit
requiring renewal by this Board every five years."
Section 3. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to delete "Tourist
home" from the permitted primary uses in the R-3 zone.
Section 4. That the current Section 325-3 entitled
"Definitions and word usage" be amended by adding the following
items under the heading "B. Specific terms or words":
"BED-AND-BREAKFAST HOME -- An owner-managed occupation conducted
by the owner-occupant of a one-family dwelling in R-1 districts,
or of a one- or two-family home in other districts permitting
residential uses, that provides one (1) to four (4) rooms for
paying guests on an overnight basis. Guest occupancy periods
shall not exceed twenty-one (21) consecutive days. The occupancy
of such a bed-and-breakfast home is limited to two (2) persons or
one (1) family per lodging unit or guest room.
BED-AND-BREAKFAST INN -- An owner-managed occupation that
provides five (5) to ten (10) guest rooms, limited to two (2)
persons or one (1) family per lodging unit or guest room, on an
overnight basis for periods not to exceed twenty-one (21) days."
June 7, 1995
Section 5. That the current Section 325-3 entitled
"Definitions and word usage" be amended by deleting the current
item "TOURIST HOME" and its definition and by deleting the words
"and `tourist home'" currently appearing at the end of the
definition of the item "BOARDING HOUSE." An historical note
shall be added to the Code referring to the former "TOURIST HOME"
definition, and noting that this former use required one off-
street parking space per guest room.
Section 6. That the current Section 325-9 entitled
"Standards" be amended by adding a new Subsection 325-9.C (1)(r)
which shall read as follows:
"(r) Bed-and-breakfast homes and bed-and-breakfast inns."
Section 7. That the current Section 325-9 entitled
"Standards" be amended by adding a new Subsection 325-9.C.(4)(g)
which shall read as follows:
"(g) Bed-and-breakfast homes and bed-and-breakfast inns:
[1] The Board of Zoning Appeals shall only grant a
special permit for a bed-and-breakfast home or a bed-
and-breakfast inn (in those districts allowing such
uses) if the following special conditions are met and
adhered to during the period the bed-and-breakfast use
is in operation:
[a] Each such use before it commences must obtain a
Certificate of Occupancy from the Building
Commissioner.
[b] A bed-and-breakfast home must be owner-
occupied and owner-managed. A bed-and-breakfast
inn must be owner-managed.
(i) An owner-occupant is an individual who
owns at least a one-half interest in the
real estate on which the bed-and-
breakfast home is located and also owns
at least a one-half interest in the
business of running the bed-and-
breakfast home and who primarily resides
in and lives in the bed-and-breakfast
home for at least eighty per cent of the
days (in each calendar year) when the
bed-and-breakfast home is open for
business as a bed-and-breakfast home.
(ii) An owner-manager is an individual who owns
at least a one-half ownership interest
in the real estate on which the bed-and-
breakfast home or bed-and-breakfast inn
is located and owns at least a one-half
interest in the business of the bed-and-
breakfast home or bed-and-breakfast inn
and who is primarily responsible for the
management of the bed-and-breakfast home
or bed-and-breakfast inn and is
physically present in the bed-and-
breakfast home or bed-and-breakfast inn
at least once per day for eighty per
cent of the days (in each calendar year)
when the bed-and-breakfast home or bed-
and-breakfast inn is open for business.
[c] Bed-and-breakfast homes or inns in residential
zones must be compatible with the surrounding
residential neighborhood. No alterations to the
exterior of the house for the purpose of
establishing or expanding bed-and-breakfast
June 7, 1995
operations shall be permitted except for historic
restoration or for requirements related to safety
or handicapped accessibility. There shall be no
exterior indication of a business except the one
permitted sign as described below and required
parking. Drawings illustrating any proposed
exterior modifications must be submitted with the
special permit application.
[d] Drawings illustrating any major proposed
interior modifications (excluding plumbing, wiring
or other utility work) directly related to
establishing or continuing the bed-and-breakfast
use must be submitted with the special permit
application. Examples of major interior
modifications are the removal, replacement or
installation of staircases or partitioning walls.
Any such major interior modifications shall
maintain or restore the basic historic integrity
and arrangement of the interior spaces.
[e] No cooking facilities are permitted in the
individual guest rooms.
[f] Food service shall only be provided to guests
taking lodging in the bed-and-breakfast home or
inn.
[g] In R-1 and R-2 zones, no bed-and-breakfast home
may be located on a lot closer than five hundred
(500) feet from any other lot containing a bed-
and-breakfast home, with only one such
establishment permitted per block face.
[h] There shall be no more than one (1) sign. Such
sign shall not be self-illuminated and shall not
exceed five (5) square feet in area. The wording
on this sign shall be limited to the name of the
bed-and-breakfast home or inn and the name of its
owner. Additional requirements described in
Chapter 272 entitled "Signs" of this Code shall be
met.
[2] The response of those notified by the appellant as
required in the procedures set forth in Section 325-41,
as well as that expressed at the public hearing, should
be a principal factor in the Board's decision to grant
the special permit.
[3] A special permit granted for a bed-and-breakfast
home or a bed-and-breakfast inn shall expire after a
period of five (5) years. All the requirements
pertaining to the application for and granting of a
first-time special permit for a bed-and-breakfast home
or a bed-and-breakfast inn shall also apply to the
application for and granting of a renewed special
permit for such use, including the notification
procedures set forth in Section 325-41 and the
expiration of such renewed special permit after five
(5) years"
Section 8. That the current Section 325-20.A.(4)(a), a table
detailing the off-street parking spaces required for certain
uses, be amended by adding the following category:
"Bed-and-breakfast home or bed-and-breakfast inn -- 1 per
guest room. *
* Unless the Zoning Board of Appeals, upon consideration of
all relevant factors, including but not limited to the easy
June 7, 1995
availability of on-street parking or the expectation that a
lesser parking requirement will meet the parking needs of the
use, determines during consideration of the bed-and-breakfast
home or bed-and-breakfast inn special permit that a lesser off-
street parking requirement is appropriate and will not negatively
impact the surrounding neighborhood."
and that the same Section 325-20.A.(4)(a) table be amended by
replacing the category "Hotel, motel or tourist home -- 1 per
guest room" with the following revised category:
"Hotel or motel -- 1 per guest room"
Section 9. Effective date. This ordinance shall take effect
immediately in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
Alderperson Schroeder explained the background of the Ordinance.
Extensive discussion followed on the floor regarding the
requirements of the Ordinance.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That "[3]" under Section 7 be changed to read as
follows:
"A special permit granted for a bed-and-breakfast home located in
an R-1 or R-2 zone shall expire after a period of five (5) years.
All the requirements pertaining to the application for and
granting of a first-time special permit for a bed-and-breakfast
home shall also apply to the application for and granting of a
renewed special permit for a bed-and-breakfast home located in an
R-1 or R-2 zone, including the notification procedures set forth
in Section 325-41 and the expiration of such renewed special
permit after five (5) years."
Carried Unanimously
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That in Section 1, the words "R-1, R-2, R-3 and R-U
zones" be replaced with the words "R-1 and R-2 zones."
Carried Unanimously
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That in Section 2, after the words "R-3 and R-U zones",
the words "bed-and breakfast home and" be added, and that at the
end of the paragraph, the words "such permit requiring renewal by
this Board every five years" be deleted.
Carried Unanimously
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Thorpe
RESOLVED, That in Section 7, under "[c]", the word "historic" be
deleted and the following words be inserted in its place:
"routine maintenance, alterations not requiring a building
permit," and that the word "for" be deleted before the phrase
"requirements related to safety."
Extensive discussion followed on the amending resolution.
A vote on the amending resolution resulted as follows:
Ayes (9) - Schroeder, Mackesey, Booth, Johnson, Gray, Sams,
Thorpe, Shenk, Efroymson
Nay (1) - Hanna
Carried (9-1)
Amending Resolution
June 7, 1995
By Alderperson Shenk: Seconded by Alderperson Hanna
RESOLVED, That in Section 7, under "[d]", at the end of the
paragraph, delete the words "Any such major interior
modifications shall maintain or restore the basic historic
integrity and arrangement of the interior spaces."
Ayes (7) - Shenk, Hanna, Booth, Thorpe, Johnson, Efroymson,
Mackesey
Nays (3) - Sams, Schroeder, Gray
Carried (7-3)
Amending Resolution
By Alderperson Hanna: Seconded by Alderperson Booth
RESOLVED, That in Section 7, under "[g]" delete the entire
paragraph.
Discussion followed on the floor regarding the possible effects
on neighborhoods.
A vote on the resolution resulted as follows:
Ayes (2) - Hanna, Booth
Nays (8) - Johnson, Shenk, Efroymson, Schroeder, Thorpe, Sams,
Gray, Mackesey
Motion Failed
Amending Resolution
By Alderperson Thorpe: Seconded by Alderperson Shenk
RESOLVED, That in Section 7, under "[h]" delete the following
words: "The wording on this sign shall be limited to the name of
the bed-and-breakfast home or inn and the name of its owner."
Ayes (6) - Hanna, Thorpe, Shenk, Sams, Mackesey, Efroymson
Nays (4) -Schroeder, Gray, Booth, Johnson
Carried (6-4)
THE AMENDED ORDINANCE READS AS FOLLOWS:
ORDINANCE NO. 95 ____
AN ORDINANCE AMENDING SECTIONS 325-3, 325-8, 325-9 AND 325-20 OF
CHAPTER 325 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL
CODE REGARDING BED-AND-BREAKFAST USES.
WHEREAS, bed-and-breakfast uses can strengthen the economic base
of communities by introducing new business opportunities; by
creating business income from non-income-producing property; and
by increasing the economic viability of neighborhoods without
diminishing residential character, and
WHEREAS, bed-and-breakfast uses promote the community's tourism
and travel industry by providing an alternative type of transient
accommodation that increases the lodging choices available to
tourists and travelers; by attracting lodgers who avoid hotels or
motels in favor of bed-and-breakfasts; by providing
accommodations for travelers at tourism sites whose settings are
not amenable to commercial hotels and motels; and by relieving
any shortage of rooms during special events or seasonal high-
occupancy periods, and
WHEREAS, bed-and-breakfast uses encourage maintenance,
rehabilitation and historic preservation of older residential
buildings in areas where the housing stock is sound but
deteriorating, thereby promoting neighborhood revitalization and
conservation, and
WHEREAS, bed-and-breakfast uses are an appropriate adaptive reuse
for large older houses, when the original uses as a single-family
dwelling is obsolete and the dwelling can be converted from
June 7, 1995
multiple tenancy back to an owner-occupied bed-and-breakfast,
thereby encouraging owner occupancy, and
WHEREAS, the ordinance provision limiting in certain zones the
proximity of bed-and-breakfast homes to each other is intended to
ensure such uses do not, through concentration, diminish the
residential character of neighborhoods in which they may be
established; now, therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to add to the permitted
primary uses in the R-1 and R-2 zones "Bed-and-breakfast home by
special permit from the Board of Zoning Appeals, such permit
requiring renewal by this Board every five years."
Section 2. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to add to the permitted
primary uses in the R-3 and R-U zones "Bed-and-breakfast home and
bed-and-breakfast inn by special permit from the Board of Zoning
Appeals."
Section 3. That Section 325-8 entitled "District Regulations
Chart" and the official zoning map of the City of Ithaca, New
York, as last amended, are hereby amended to delete "Tourist
home" from the permitted primary uses in the R-3 zone.
Section 4. That the current Section 325-3 entitled "Definitions
and word usage" be amended by adding the following items under
the heading "B. Specific terms or words":
"BED-AND-BREAKFAST HOME -- An owner-managed occupation conducted
by the owner-occupant of a one-family dwelling in R-1 districts,
or of a one- or two-family home in other districts permitting
residential uses, that provides one (1) to four (4) rooms for
paying guests on an overnight basis. Guest occupancy periods
shall not exceed twenty-one (21) consecutive days. The occupancy
of such a bed-and-breakfast home is limited to two (2) persons or
one (1) family per lodging unit or guest room.
BED-AND-BREAKFAST INN -- An owner-managed occupation that
provides five (5) to ten (10) guest rooms, limited to two (2)
persons or one (1) family per lodging unit or guest room, on an
overnight basis for periods not to exceed twenty-one (21) days."
Section 5. That the current Section 325-3 entitled "Definitions
and word usage" be amended by deleting the current item "TOURIST
HOME" and its definition and by deleting the words "and `tourist
home'" currently appearing at the end of the definition of the
item "BOARDING HOUSE." An historical note shall be added to the
Code referring to the former "TOURIST HOME" definition, and
noting that this former use required one off-street parking space
per guest room.
Section 6. That the current Section 325-9 entitled "Standards"
be amended by adding a new Subsection 325-9.C.(1)(r) which shall
read as follows:
"(r) Bed-and-breakfast homes and bed-and-breakfast inns."
Section 7. That the current Section 325-9 entitled "Standards"
be amended by adding a new Subsection 325-9.C.(4)(g) which shall
read as follows:
"(g) Bed-and-breakfast homes and bed-and-breakfast inns:
June 7, 1995
[1] The Board of Zoning Appeals shall only grant a
special permit for a bed-and-breakfast home or a bed-
and-breakfast inn (in those districts allowing such
uses) if the following special conditions are met and
adhered to during the period the bed-and-breakfast use
is in operation:
[a] Each such use before it commences must obtain a
Certificate of Occupancy from the Building
Commissioner.
[b] A bed-and-breakfast home must be owner-occupied
and owner-managed. A bed-and-breakfast inn must
be owner-managed.
(i) An owner-occupant is an individual who
owns at least a one-half interest in the real
estate on which the bed-and-breakfast home is
located and also owns at least a one-half
interest in the business of running the bed-
and-breakfast home and who primarily resides
in and lives in the bed-and-breakfast home
for at least eighty per cent of the days (in
each calendar year) when the bed-and-
breakfast home is open for business as a bed-
and-breakfast home.
(ii) An owner-manager is an individual who
owns at least a one-half ownership interest
in the real estate on which the bed-and-
breakfast home or bed-and-breakfast inn is
located and also owns at least a one-half
interest in the business of the bed-and-
breakfast home or bed-and-breakfast inn and
who is primarily responsible for the
management of the bed-and-breakfast home or
bed-and-breakfast inn and is physically
present in the bed-and-breakfast home or bed-
and breakfast inn at least once per day for
eighty per cent of the days (in each calendar
year) when the bed-and- breakfast home or
bed-and-breakfast inn is open for business.
[c] Bed-and-breakfast homes or inns in residential
zones must be compatible with the surrounding
residential neighborhood. No alterations to the
exterior of the house for the purpose of
establishing or expanding bed-and-breakfast
operations shall be permitted except for routine
maintenance, alterations not requiring a building
permit, restoration or requirements related to
safety or handicapped accessibility. There shall
be no exterior indication of a business except the
one permitted sign as indicated below and required
parking. Drawings illustrating any proposed
exterior modifications must be submitted with the
special permit application.
[d] Drawings illustrating any major proposed
interior modifications (excluding plumbing, wiring
or other utility work) directly related to
establishing or continuing the bed-and-breakfast
use must be submitted with the special permit
application. Examples of major interior
modifications are the removal, replacement or
installation of staircases or partitioning walls.
[e] No cooking facilities are permitted in the
individual guest rooms.
June 7, 1995
[f] Food service shall only be provided to guests
taking lodging in the bed-and-breakfast home or
inn.
[g] In R-1 and R-2 zones, no bed-and-breakfast home
may be located on a lot closer than five hundred
(500) feet from any other lot containing a bed-
and-breakfast home, with only one such
establishment permitted per block face.
[h] There shall be no more than one (1) sign. Such
sign shall not be self-illuminated and shall not
exceed five (5) square feet in area. Additional
requirements described in Chapter 272 entitled
"Signs" of this Code shall be met.
[2] The response of those notified by the appellant as
required in the procedures set forth in Section 325-41,
as well as that expressed at the public hearing, should
be a principal factor in the Board's decision to grant
the special permit.
[3] A special permit granted for a bed-and-breakfast
home located in an R-1 or R-2 zone shall expire after a
period of five (5) years. All the requirements
pertaining to the application for and granting of a
first-time special permit for a bed-and-breakfast home
shall also apply to the application for and granting of
a renewed special permit for a bed-and-breakfast home
located in an R-1 or R-2 zone, including the
notification procedures set forth in Section 325-41 and
the expiration of such renewed special permit after
five (5) years."
Section 8. That the current Section 325-20.A.(4)(a), a table
detailing the off-street parking spaces required for certain
uses, be amended by adding the following category:
"Bed-and-breakfast home or bed-and-breakfast inn -- 1
per guest room.*
* Unless the Zoning Board of Appeals, upon consideration
of all relevant factors, including but not
limited to the easy availability of on-street parking
or the expectation that a lesser parking requirement
will meet the parking needs of the use, determines
during consideration of the bed-and breakfast home or
bed-and-breakfast inn special permit that a lesser off-
street parking requirement is appropriate and will not
negatively impact the surrounding neighborhood."
and that the same Section 325-20.A.(4)(a) table be amended by
replacing the category "Hotel, motel or tourist home -- 1 per
guest room" with the following revised category:
"Hotel or motel -- 1 per guest room"
Section 9. Effective Date. This ordinance shall take effect
immediately in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
* 15.4 General Principles to Guide the City’s Policy on Traffic
Management in Residential Neighborhoods
By Alderperson Schroeder: Seconded by Alderperson Johnson
WHEREAS, the Mayor appointed a Task Force on Traffic Issues to
report on the City’s traffic problems and propose solutions, and
WHEREAS, the Task Force on Traffic Issues submitted a report to
the Board of Public Works and the Planning Committee of Common
Council in June of 1994 which identified traffic problems
throughout the
June 7, 1995
City and suggested numerous possible remedies, and
WHEREAS, the Board of Public Works has accepted for consideration
and action the recommendations contained in the Report of the
Task Force on Traffic Issues, and
WHEREAS, the Common Council agrees with the Board of Public Works
and the Task Force on Traffic Issues that traffic management on
Ithaca’s residential streets is a problem and that mitigating the
negative impact of traffic on residential streets is a
responsibility of the City, and
WHEREAS, the Common Council also agrees with the Board and the
Task Force that virtually all streets in Ithaca are residential
streets and that changes to traffic patterns on one street affect
traffic patterns on neighboring streets, and
WHEREAS, the Common Council also agrees that residential
neighborhoods along the City’s more heavily traveled streets are
particularly threatened by the negative impacts associated with a
high volume of traffic, that these impacts are a significant
contributing factor in eroding the residential character of these
neighborhoods, and that it is not in the City’s interest to allow
this erosion to continue; now, therefore, be it
RESOLVED, That Common Council joins the Board of Public Works and
the Task Force on Traffic Issues in stating that the following
general principles shall be used to guide the City’s policy on
traffic management in residential neighborhoods:
First, that the City will, where possible, take action to
mitigate the negative impact of existing levels of traffic
on the City’s residents, focusing on those streets where the
quality of residential life is most threatened by traffic,
particularly, but not limited to, streets experiencing a
heavy volume of traffic, and
Second, in the process of granting approval to traffic
calming and traffic management measures designed to benefit
a target area, the City will make an assessment of the
potential negative impacts on residents of nearby streets
that may result from the effects of any such measure, singly
or cumulatively, and will take steps to mitigate any
significant negative impacts.
Carried Unanimously
Recess
Common Council recessed at 9:00 p.m. and reconvened in regular
session at 9:10 p.m.
* 15.3 Alienation and Substitution of Park Land Pursuant to
Inlet Island Land Use Plan: Home Rule Request Concerning
Slightly Amended Alienation Bill
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, the City of Ithaca submitted a Home Rule Request to the
New York State Legislature in April to pass into law Assembly
bill No. 6480-A and Senate bill No. 3827-A regarding alienation
and substitution of park land pursuant to the Inlet Island Land
Use Plan, and
WHEREAS, the New York State Office of Parks, Recreation and
Historic Preservation has requested a change to that bill, and
WHEREAS, the Cities Subcommittee of the Assembly has also
requested that changes be made to the bill, and
WHEREAS, the State Legislature has drafted a new bill
incorporating these amendments to the bill, and
WHEREAS, the amended bill differs from the bill recorded in the
April 5, 1995 Common Council minutes in the following ways:
June 7, 1995
--Section 1 in the amended bill reads as follows:
Section 1. Notwithstanding any provision of law, rule or
regulation to the contrary, concurrent with acquiring title
in fee simple by the City of Ithaca to all of the lands
described in section three of this act, the City of Ithaca,
in the county of Tompkins, is hereby authorized and
empowered to discontinue the use as park lands and to sell
and convey for fair market value and upon such terms and
conditions as it shall deem appropriate the lands described
in section two of this act, which had been acquired,
reserved or designated by the city of Ithaca for park and
recreation purposes and are no longer useful for such
purposes; provided the proceeds of such sale are used for
the acquisition of replacement park lands as described in
section three of this act and/or capital improvements to the
parks of such city. Such city is authorized to execute and
deliver a deed of conveyance of valid title in fee simple of
the real property described in section two of this act or
any part thereof.
--Sections 4 and 5 in the amended bill read as follows:
Section 4. The conveyance of park lands authorized by this
act shall not occur until any federal requirements
pertaining to alienation or conversion, including any
required replacement of lands being alienated have been
complied with.
Section 5. This act shall take effect immediately.
and
WHEREAS, passage of the amended bill is contingent on Common
Council submitting a new Home Rule Request referring to the
amended bill, and
WHEREAS, Common Council intends this action to be one step toward
implementation of the Land Use Plan illustrated on Map 8 of the
1992 Report of the Inlet Island Land Use Committee; now,
therefore, be it
RESOLVED, That the Mayor and the City Clerk are hereby authorized
and directed to file another Home Rule Request with the New York
State Legislature requesting that the New York State Legislature
enact a special law entitled “An act to authorize the City of
Ithaca, in the County of Tompkins, to discontinue the use of
certain real property owned for park purposes,” Assembly No.
6480-B and Senate No. 3827-B.
Carried Unanimously
* 15.5 Reaffirmation That the City of Ithaca Intends to Use
Parcels A1 and A2, as Identified in Chapter 757 of N.Y.S. Laws of
1985, as Substitute Park Land for Southwest Park
By Alderperson Schroeder: Seconded by Alderperson Hanna
WHEREAS, Tax Parcels 31-2-5 and 31-2-6 situate in the Town of
Ithaca, have previously been designated as appropriate substitute
park land for Southwest Park, and
WHEREAS, the County taxes on said parcels have not been paid and
those parcels had been scheduled for sale at the County Tax Sale
held on January 27, 1995, and
WHEREAS, both the City of Ithaca and Town of Ithaca requested
that these parcels not be sold at the January 1995 tax sale,
which request was agreed to by Tompkins County, and
WHEREAS, discussions have taken place between the City of Ithaca
and the Town of Ithaca regarding the possibility of the Town
purchasing these parcels from Tompkins County and holding them
for possible later transfer to the City, at which time they would
be used by the City as substitute park land, and
June 7, 1995
WHEREAS, the Town of Ithaca is unwilling to purchase these
properties unless and until a satisfactory environmental site
assessment has been conducted, and unless and until the City of
Ithaca reaffirms its intention to use these parcels as substitute
park land for Southwest Park, and
WHEREAS, it is in the interest of the City for these parcels to
be purchased by the Town and to remain undeveloped, and
WHEREAS, these parcels are an integral part of approximately 56
acres of land described and authorized as substitute park land
for an alienated Southwest Park in Chapter 757 of N.Y.S. laws of
1985, an act which the State adopted in accordance with a Home
Rule Request approved by Common Council on June 5, 1985, and
WHEREAS, approximately half of the relevant substitute park land
in Chapter 757 is called Parcel A1 and is located south of the
Cayuga Inlet in the City, and whereas the remainder is called
Parcel A2 and is located north of the Inlet in the Town, and
WHEREAS, current Town of Ithaca planning documents, including the
1984 Park and Open Space Plan and the 1993 Comprehensive Plan,
continue to call for the joint City-Town park envisioned in
Chapter 757, and
WHEREAS, numerous City of Ithaca planning documents -- including
the 1966 Inlet Valley Development Plan, the 1968 Recreation and
Open Space Plan, the 1971 General Plan, the 1976 Ithaca Waterways
Study, and the 1977 Ithaca's Southwest: A Development Study --
call for the creation of park or protected green space on all or
part of the above Chapter 757 lands, and
WHEREAS, the recently submitted Southwest Area Land Use Study,
written at the request of Common Council, again recommends use of
the above Chapter 757 lands as Southwest Park substitute park
land, and
WHEREAS, the Conservation Advisory Council in a statement dated
May 24, 1995 reaffirmed its support for protection of the entire
area described in Chapter 757 as a major new public natural area,
and
WHEREAS, the City already owns a substantial portion of Parcel A1
and a small portion of Parcel A2, these portions having been
purchased by the City in 1986 with the intention that they become
Southwest Park substitute park land; now, therefore, be it
RESOLVED, That Common Council reaffirms the City of Ithaca's
intention to use Parcels A1 and A2, as described in Chapter 757
of New York State laws of 1985, as substitute park land for
Southwest Park.
Extensive discussion followed on the floor regarding the use of
this property.
A vote on the resolution resulted as follows:
Ayes (7) - Schroeder, Mackesey, Gray, Sams, Shenk, Hanna, Th
Nays (3) - Booth, Efroymson, Johnson
Carried (7-3)
* 15.6 Endorsement of Proposed State Legislation Which Would
Enhance Local Court Authority in Land Use Matters
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, bills have been introduced in the State Senate and
Assembly which are identified as S. 1381 and A. 2054, and
WHEREAS, these bills would allow courts in the State of New York
to issue preliminary injunctions and temporary restraining orders
June 7, 1995
in the enforcement of laws regarding land use, building
regulations and fire prevention codes; now, therefore, be it
RESOLVED, That the City of Ithaca does hereby express its support
for the proposed legislation and does request that State Senator
James Seward and Assemblyman Martin Luster support the proposed
legislation, and be it further
RESOLVED, That the City Clerk is hereby directed to transmit a
copy of this resolution to the Senator and Assemblyman at the
earliest possible date.
Carried Unanimously
Zoning Strategies to Promote Affordable Housing - Report
Alderperson Schroeder reported that the Mayor has hired a student
of City and Regional Planning to work on zoning strategies to
promote affordable housing. A draft work program will be
developed for this student by the Mayor, the Planning and
Development Director, the Chair of the Rental Housing Advisory
Committee, the Chair of the Planning Committee, and the Chair of
the Planning Board.
Mayor Nichols requested that the following item be moved forward
on the agenda:
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.3 Common Council - Request Funds for Downtown Banners
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the City of Ithaca has been working in partnership with
Downtown Ithaca, Inc. to design, purchase and install colorful
banners in the Central Business District, and
WHEREAS, the purchase and installation of such banners will serve
to enhance the City's Central Business District, and
WHEREAS, the estimated cost of the first phase of this banner
project is $22,000 not including installation, and
WHEREAS, in addition to providing installation and $1,200 for the
design of the banners, the City would like to join with the
business community in the fund-raising effort for this project;
now therefore, be it
RESOLVED, That the City of Ithaca will donate $2,000 to purchase
banners for the Downtown Community project, and be it further
RESOLVED, That an amount not to exceed $2,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1210-425 to
purchase said banners.
Beverly Apgar, Downtown Ithaca Inc., described the proposed
location of the banners, and also explained the history and goals
of the banner program.
Carried Unanimously
YOUTH AND HUMAN SERVICES COMMITTEE:
* 16.1 Youth Recognition Award
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, at its February, 1995 meeting the Common Council decided
to bestow awards on selected youth, and
WHEREAS, there are regularly youth whose character,
accomplishments, and activities go unnoticed by the majority of
the City's population, and
WHEREAS, Common Council recognizes the importance of
acknowledging the contributions of youth; now, therefore, be it
RESOLVED, That each member of Common Council, on a rotating
basis, shall choose a youth, or group of youths, from the City of
Ithaca, and be it further
June 7, 1995
RESOLVED, That such youth be presented at a monthly Common
Council meeting as the recipient of Ithaca Common Council's
"Distinguished Youth Award", and be it further
RESOLVED, That in addition to a certificate of merit, the youth
will receive from the Jack Kiely Scholarship Account, a twenty
dollar ($20) gift certificate to the City of Ithaca business of
their choice.
Ayes (9) - Johnson, Shenk, Mackesey, Sams, Thorpe, Gray,
Efroymson, Schroeder, Hanna
Nay (1) - Booth
Carried (9-1)
* 16.2 Authority for Youth Bureau Staff to Sign Appropriate
Documents
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, Youth Bureau programs and activities often take place at
locations, fields, parks and facilities other than those of the
City of Ithaca, and
WHEREAS, permission to use these locations often requires the
City to sign a form issued by the appropriate agency or
government body, and
WHEREAS, the City Attorney's office has suggested that the Youth
Bureau Director or the Director's designee(s) be authorized by
Common Council to sign such forms; now, therefore, be it
RESOLVED, That authority be provided to the Youth Bureau Director
or the Director's designee(s) to sign such forms, and be it
further
RESOLVED, That the broad issue of authority to sign documents in
the name of the City be reviewed by Department Heads with a
report to Common Council.
Carried Unanimously
INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE:
Cable Commission Report
Alderperson Efroymson reported that the Inter-Institutional and
Community Information Committee had a discussion with the Cable
Commission regarding the archive issue. He stated that the
Commission is still grappling with that issue and he feels it is
inappropriate for Council to intervene at this point.
Alderperson Efroymson stated that the Committee requested that
City Attorney Guttman conduct preliminary research on the
legality of an archive.
City Attorney Guttman stated that he has not reviewed some of the
trademark issues which exist. In terms of the legal authority,
the first amendment rights, there is at least one major case from
the District Court in the District of Columbia. He stated from
the preliminary research that he has completed he believes it is
proper for the City to establish an archive, if it is doing it
for certain purposes. There has to be a very clear determination
if an archive is established, exactly what purpose is being
served and what the City is trying to accomplish by it.
City-wide Computer System Report
Alderperson Efroymson reported that the Computer Committee is in
the process of developing a flow chart of the overall networking
project to show what has been completed to date, what still needs
to be done, and what the project long-terms goals are.
Alderperson Shenk stated that she would like to see information
related to employee computer training (what has been done, and
what needs to be done) as one of the factors on the flow chart.
June 7, 1995
BUDGET AND ADMINISTRATION COMMITTEE:
* 18.1 GIAC - Request to Transfer Funds to Purchase Program
Supplies
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the GIAC Summer Camp Learn To Swim Program is in need of
various pool supplies to allow the program to be utilized to the
greatest degree by community youth swimming at the Alex Haley
Pool, and
WHEREAS, the cost of these pool supplies has been estimated at
$1,500, and
WHEREAS, the funds can be derived from a portion of the savings
resulting from the open Recreation Supervisor position at GIAC;
now, therefore, be it
RESOLVED, That $1,500 be transferred from Account A7311-110-1102
Staff Salaries to Account A7311-460-1102 Program Supplies for the
purpose of acquiring Alex Haley Pool supplies for the Learn To
Swim Program.
Carried Unanimously
* 18.2 Youth Bureau - Request to Amend 1995 Youth Development
Budget
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, the Youth Bureau will be receiving a $1,270 grant from
Tompkins County to support the expansion of the Municipal Jobs
Program, and
WHEREAS, the funding will allow the Youth Bureau to hire two
additional youths from the City for the summer to participate in
the Municipal Jobs Program; now, therefore, be it
RESOLVED, That the 1995 Youth Development budget shall be amended
as follows:
Increase Revenue Account:
A2350 Youth Services Other Governments $1,270
Increase Appropriation Accounts:
A7310-120-1202 Hourly P/T $1,150
A9030 Social Security 98
A9040 Workers Compensation 22
Carried Unanimously
* 18.4 Finance/Chamberlain - Request to Temporarily Amend
Personnel Roster and Funds for Temporary Office Help
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the Finance Department is currently converting the
City's financial computer system, which activity will take most
of 1995 to complete, and
WHEREAS, the Chamberlain Office staff can not continue to
maintain its normal work load and convert the City's financial
computer system concurrently with the current staff levels,
summer vacation schedule and maternity leave schedule, and
WHEREAS, the Finance Department has recommended that to alleviate
the time constraint and staffing problems the City should hire
temporary office assistance and increase the Chamberlain's Office
Manager hours to forty (40) hours through the end of the year;
now, therefore, be it
RESOLVED, That the Personnel Roster of the Finance Department is
hereby temporarily amended by increasing the full-time position
June 7, 1995
of the office manager from 35 hours to 40 hours per week from
June 12, 1995 to January 31, 1996, and be it further
RESOLVED, That an amount not to exceed $6,900 be transferred from
Account A1990 Unrestricted Contingency to the following
appropriation accounts for said personnel roster amendment and
temporary office assistance:
Account:
A1315-110 Staff $2,900
A1315-435 Contracts $4,000
Carried Unanimously
* 18.5 Finance/Chamberlain - Request Approval of Safe Deposit
Box Contract
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Debra Parsons, as City Chamberlain, is authorized
to enter into a contract to lease safe deposit boxes in the name
of the City of Ithaca at Tompkins County Trust Company, and be it
further
RESOLVED, That Dominick Cafferillo, Steven Thayer, Debra Parsons,
Joyce Day, and Marna McNeal are authorized to access safe deposit
boxes so leased at Tompkins County Trust Company.
Carried Unanimously
* 18.6 Attorney/Chamberlain - Request to Extend Tax Sale
Redemption Period
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, Fleet Bank, which represents the successor in interest
to the mortgagee of 602 West State Street, requested and received
extensions of the date for property redemption at Common
Council's regular meetings of September 7, 1994 and March 1,
1995, and
WHEREAS, Fleet Bank has requested an additional two month
extension to permit redemption of said property, and
WHEREAS, the City Chamberlain, City Attorney, and the Budget and
Administration Committee have reviewed written documentation
requesting an additional extension for property redemption at 602
West State Street; now, therefore, be it
RESOLVED, That Fleet Bank be permitted to redeem the property at
602 West State Street up to July 21, 1995, for the total lien
amount outstanding, plus additional interest, penalty, and
related costs through the date of redemption.
Carried Unanimously
* 18.7 Attorney - Request Approval of City Judge and Acting
Judge Positions
By Alderperson Booth: Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca currently has two City Court Judges,
including an elected one-half time position and an appointed one-
quarter time position; and
WHEREAS, Common Council is aware that the individual who
previously held the one-half time elected position (Honorable M.
John Sherman, now Tompkins County Judge) and the person who
currently holds the elected one-half time position (Honorable
Judith A. Rossiter) both needed to spend significantly more than
forty (40) hours per week
to meet the requirements of the Court based on Court activity so
that, de facto, the City of Ithaca received the benefit of at
least one full-time judicial position in addition to a one-
quarter time position; and
WHEREAS, based on statistics regarding case load activity which
have been compiled by the Ithaca City Court and the New York
State Office of Court Administration, it is clear that there is
more than sufficient case load activity to support the argument
June 7, 1995
that there should be at least one full-time and one one-quarter
time judge for the Ithaca City Court; and
WHEREAS, Common Council is aware that an act has been introduced
into the New York State Legislature which would result in the
Ithaca City Court being served by one full-time judge and an
approximately one-twentieth (1/20th) time acting City Court Judge
which law, if passed will effectively decrease the quantity of
judicial presence in the Ithaca City Court; and
WHEREAS, the increase in the position of the elected City Court
Judge from one-half time to full-time is not, according to the
proposed legislation, to take effect until the expiration of the
term of office commencing after April 1, 1996 which would be
January 1, 2002; now, therefore, be it
RESOLVED, as follows:
The Common Council of the City of Ithaca recommends:
1. That the proposed State Legislation be modified to
provide that the Ithaca City Court be served by one full-time
elected judge and, in addition, by a second appointed judge who
would serve, at least, one-quarter time so that the judicial
needs of the Court can be adequately served.
2. That the said law, on being passed, be effective in 1996
for both positions so that the current existing needs of the
Court can be adequately served.
Carried Unanimously
* 18.8 Finance/Controller - Request Approval of 1995 NYS
Retirement Incentive Program Participants
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City enacted Local Law #1, May 3, 1995, adopting the
1995 Retirement Incentive Program (Chapter 12, Laws of 1995), and
WHEREAS, the applicable departments have carefully evaluated the
effects of eliminating the following targeted positions where
required, or the replacement of experienced personnel where
authorized by Chapter 12 of the Laws of 1995, and
WHEREAS, based on such examination, and subject to operational
adjustments and considerations recognized in concept as a part of
this resolution, departments have determined that in each
instance services and related supervision can be provided on a
reasonable basis, should the employees involved in the following
targeted positions exercise their option to retire during the
authorized open period; now, therefore, be it
RESOLVED, That the following positions and incumbent employees be
targeted for inclusion in the 1995 Targeted Retirement Incentive
Program (Chapter 12, Laws of 1995):
Working Supervisor, Parks and Forestry Division, Department of
Public Works, Adam J. Carman, Jr.
Working Supervisor, Building Systems, Department of Public
Works, Joseph R. Edsall
Mechanic, Water and Sewer Treatment Plants, Department of
Public Works, John Harding
Engineering Technician, Water and Sewer Division, Department
of Public Works, John DeBell
Assistant Chief Water Treatment Plant Operator, Department of
Public Works, Robert N. Simpson
Housing Inspector, Building Department, Dannie L. Conrad
June 7, 1995
Recreation Coordinator, Youth Bureau, John N. Wilson
Recreation Supervisor, Youth Bureau, John D. Stone
and be it further
RESOLVED, That the Controller's memorandum dated May 31, 1995 is
accepted, in concept, to indicate the operational changes set
forth by the applicable departments in the interest of continuing
a consistent level of service and related supervision, each
subject to future Common Council action where required.
Mayor Nichols noted for the record that all the positions being
targeted are voluntary.
A vote on the resolution resulted as follows:
Carried Unanimously
NEW BUSINESS:
Resolution Urging Amendment of the Civil Service Law in Relation
to Appointment or Promotions
By Alderperson Mackesey: Seconded by Alderperson Hanna
WHEREAS, the New York State Constitution requires appointments
and promotions in the Civil Service of the State of New York and
all political subdivisions thereof be made according to merit and
fitness by competitive examination as much as practicable, and
WHEREAS, under current Civil Service Law, appointment to a
position in the competitive class off an eligible list is
restricted to selecting one of the three persons ("Rule of
Three") standing highest on an eligible list who is willing to
accept such appointment, and
WHEREAS, no selection method is mandated from an eligible list
comprised of less than three persons, and
WHEREAS, legislation recently introduced amending the Civil
Service Law to increase selection from one of three persons to
one of ten persons standing highest on the eligible list will
provide a greater pool of qualified applicants, thereby enhancing
the selection process, and
WHEREAS, selection from the top ten on the eligible list
emphasizes the mandatory probation period which more accurately
measures the ability of an individual to perform job duties and
responsibilities, placing a greater emphasis on the individual's
job performance rather than on exam score, and
WHEREAS, this Resolution will in no way affect an appointment
from an existing promotional list, which will remain with the
current "Rule of Three"; now, therefore, be it
RESOLVED, That the City of Ithaca goes on record urging the State
Legislature to approve the appropriate legislation, and be it
further
RESOLVED, That copies of this Resolution be submitted to Gov.
Pataki and the relevant State officials, including Assemblyman
Luster and Senator Seward.
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Thorpe
RESOLVED, That a final Whereas clause be added to the resolution
to read as follows:
"WHEREAS, this legislation will expand the City's ability to meet
its affirmative action goals and to promote existing City
employees."
Carried Unanimously
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
June 7, 1995
EXECUTIVE SESSION:
By Alderperson Booth: Seconded by Alderperson Thorpe
RESOLVED, That Common Council adjourn into Executive Session to
discuss possible litigation at 10:10 p.m.
REGULAR SESSION AND ADJOURNMENT:
Common Council reconvened into Regular Session with no actions
forthcoming, and adjourned the meeting at 10:30 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor