HomeMy WebLinkAboutMN-CC-1995-07-05July 5, 1995
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 P.M. July 5, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Efroymson, Hanna, Sams,
Thorpe,
Gray, Mackesey, Shenk, Schroeder
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Guttman
City Controller - Cafferillo
Deputy Planning and Development Director - Sieverding
Police Chief - McEwen
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
Superintendent of Public Works - Gray
Youth Bureau Director - Cohen
Youth Development Coordinator - Green
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the June 7, 1995 Common Council
Meeting
The approval of the Minutes of the June 7, 1995 Common Council
meeting was postponed until the August 2, 1995 Common Council
meeting.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider 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
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That the public hearing to consider 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 be declared open.
Carried Unanimously
Alderperson Schroeder explained the Ordinance.
Ms. Faye Gougakis, 412 E. Tompkins Street, addressed Council in
favor of the Ordinance.
Resolution to Close Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That the public hearing to consider 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 be declared closed.
Carried Unanimously
Public Hearing to Consider 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
Resolution to Open Public Hearing
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That the public hearing to consider 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 be declared open.
Carried Unanimously
July 5, 1995
Alderperson Schroeder explained the Ordinance.
Ms. Susan Hurwitz, 228 Wood Street, thanked Common Council for
time spent on this matter. She stated that bed-and breakfast
establishments will be nice additions to neighborhoods. She
requested that amendments be made to the Ordinance so that
renovations would not be monitored by the Board of Zoning
Appeals, that the five year period of the permit be abolished,
and that another mechanism be provided to address neighborhood
concerns. Ms. Hurwitz suggested that the Ordinance go back to
committee for further discussion, since the last time it was
discussed there seemed to be disagreement on several issues.
Mr. Fred Somkin, Cornell Walk, stated that this Ordinance would
be undermining the City of Ithaca zoning law. He stated that
single-family home ownership in a residential neighborhood is the
investment of a lifetime, an investment made on the assumption of
the integrity of residential zoning. Mr. Somkin further believes
that to inflict a zoning change upon homeowners now, is to rob
them of their investment by forcing them to accept a severe
impairment of the quality of life. Mr. Somkin requested that the
matter be held until Fall when vacationing residents have
returned, and further requested a requirement that all residents
of a neighborhood where a bed-and-breakfast is proposed express
their approval.
Resolution to Close Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Efroymson
RESOLVED, That the public hearing to consider 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 be declared closed.
Carried Unanimously
YOUTH AWARD:
Alderperson Mackesey introduced Tafari Jenkins as the recipient
of the City of Ithaca Youth Award for July, 1995. She stated
that Tafari is the son of Claudia and Sylvester Jenkins, and is a
freshmen at Ithaca High School. Alderperson Mackesey spoke
further of Tafari's interests and talents. Tafari will be
presented with a certificate of merit and a $20 gift certificate
to a City of Ithaca business of his choice.
MAYOR'S APPOINTMENTS:
Advisory Commission on Art and Design for Public Space
Mayor Nichols requested Council approval for the re-appointment
of Richard Driscoll, 114 Bank Street, Newfield to the Advisory
Commission on Art and Design for Public Space, with a term to
expire June 30, 1998.
Resolution
By Alderperson Mackesey: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the re-appointment of
Richard Driscoll to the Advisory Commission on Art and Design for
Public Space, with a term to expire June 30, 1998.
Carried Unanimously
Disability Advisory Commission
Mayor Nichols requested Council approval for the re-appointment
of Richard Farruggio, 317 South Cayuga Street; John Ives, 512
Miller Road, Newfield; and Arthur A. Stern, 637 Sheffield Road,
to the Disability Advisory Commission with terms to expire June
30, 1998.
Resolution
By Alderperson Gray: Seconded by Alderperson Shenk
RESOLVED, That this Council approves the re-appointment of
Richard Farruggio, John Ives and Arthur A. Stern to the
Disability Advisory Commission with terms to expire June 30,
1998.
Carried Unanimously
July 5, 1995
Board of Fire Commissioners
Mayor Nichols requested Council approval for the re-appointment
of Alvin Nelson, 502 South Albany Street, to the Board of Fire
Commissioners, with a term to expire June 30, 1998.
Resolution
By Alderperson Efroymson: Seconded by Alderperson Hanna
RESOLVED, That this Council approves the re-appointment of Alvin
Nelson to the Board of Fire Commissioners with a term to expire
June 30, 1998.
Carried Unanimously
Six Mile Creek Advisory Committee
Mayor Nichols requested Council approval for the re-appointment
of Elizabeth Mulholland, 105 Penny Lane and Marjorie Z. Olds, 100
Renzetti Place, to the Six Mile Creek Advisory Committee with
terms to expire December 31, 1997.
Resolution
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves of the re-appointment of
Elizabeth Mulholland and Marjorie Z. Olds to the Six Mile Creek
Advisory Committee with terms to expire December 31, 1997.
Carried Unanimously
Youth Bureau Advisory Council
Mayor Nichols announced that he has appointed Alice Miller, 421
Hook Place, to the Youth Bureau Advisory Council with a term to
expire December 31, 1997.
Tompkins County Youth Board
Mayor Nichols announced that he has appointed Brenda l. Wickes,
313 Park Place and Don Fredericksen, 205 DeWitt Place, to the
Tompkins County Youth Board with terms to expire December 31,
1996.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Same Sex Marriage Issue
The following persons spoke to Council in support of same sex
marriages:
Ms. Pat Pryor - 508 South Albany Street, representing Coalition
for Children First and Bias Free Schools
Mr. Nick Papatonis - 406 South Plain Street
Mr. Toshav Storrs - 603 Winston Court
Ms. Deirdre Silverman - 100 Traver Road, Willseyville,
representing
Tompkins County Human Rights Commission
Ms. Lynn Greenspan Gallo - 835 Taughannock Boulevard
Mr. Larry Roberts - 406 South Plain Street
Mr. Will Kone - 10 Judd Falls
Ms. Margaret McCarthey - 210 South Albany Street
Mr. Lynn A. Grove - 227 North Willard Way, read a statement
from
the Religious Society of Friends (Quakers)
Ms. Elizabeth Reed - 149 East Lake Road, Lansing
Ms. Sandy Pollack - 313 Washington Street
Ms. Suzanne Reine - 409 Campbell Avenue
Ms. Janet Shortell - 1927 Slaterville Road
Ms. Anne Kornman - 89 West Main Street, Trumansburg
Ms. Margaret Dwyer - 204 West Lincoln Street
Ms. Vera Whisman - 521 Linn Street
Ms. Susan Steigerwalt - 114 Sears Street
Ms. Joyce Muchan - 309 Washington Street
Ms. Katherine Latham - 1354 Slaterville Road
Ms. Sarah Pryor - 407 North Cayuga Street
Ms. Maria Iannacome Coles - 502 Warren Place
Mr. Terrence Calhoun - Ithaca
Mr. Kirby Edmonds - 411 Esty Street
Same Sex Marriage Issue
July 5, 1995
The following persons addressed Council in opposition of the same
sex marriage issue:
Mr. Calvin Criss - Buffalo Street
Mr. John Coggin - 132 Judd Falls Road, submitted a petition with
175 signatures
Mr. Edwin D. Faulks, Jr. - George Street, Lisle
Mr. Douglas Chabra - 47 Bennett Avenue, Binghamton
Ms. Sara Jo Mendez - Ithaca
Newman Golf Course
Mr. Gary Sloane, 6 Janivar Drive, presented a petition to
Council on behalf of the Lou Adesso Golf League at the Newman
Golf Course. He stated that the petition, in support of
reinstating the previous arrangement with Mr. Torrant, was also
presented to the Board of Public Works. Mr. Sloane said that he
has many questions which he will submit to Council in writing.
Prejudice and Institutional Racism Resolution
The following persons spoke to Council in support of the
Prejudice and Institutional Racism resolutions on the agenda:
Mr. Mendez, 246 Floral Avenue, Coalition for Children First and
Bias Free Schools
Mr. Larry Roberts - 406 South Plain Street
Mr. John Coggin - 132 Judd Falls Road
Ms. Margaret McCarthy - 210 South Albany Street
Ms. Sarah Pryor - 407 North Cayuga Street
Mr. Terrence Calhoun - Ithaca
Ms. Faye Gougakis - 412 East Tompkins Street
Fall Creek Dumping
Mr. Nick Papatonis, 406 South Plain Street, spoke to Council
regarding the possibility of dumping in the Beebe Lake, Fall
Creek area which is killing thousands of crayfish, minnows and
other aquatic life.
Candlelight Vigil Invitation
Suzanne Davis, 523 First Street, announced that there will be a
candlelight march and vigil in the honor and support of Kahil
Manning and his family on June 8, 1995 at 7:45 p.m. She invited
the members of Council and the audience to join them, either at
GIAC or Southside.
Cable Archive
Ms. Faye Gougakis, 412 East Tompkins Street, spoke to Council in
support of an archive regarding cable access.
RESPONSE TO PUBLIC:
Alderpersons Thorpe responded to comments made by Mr. Coggin.
Alderpersons Thorpe and Shenk thanked all the people who came
before Council to speak on the same sex marriage issue.
Mayor Nichols requested that the following item be advanced on
the agenda:
YOUTH AND HUMAN SERVICES COMMITTEE:
* 17.1 Support of Same Sex Marriage
By Alderperson Shenk: Seconded by Alderperson Thorpe
WHEREAS, groups and municipalities throughout the nation have
been asked to endorse the following resolution; now, therefore,
be it
RESOLVED, That Common Council adopts the following marriage
resolution:
"Because marriage is a fundamental right under our Constitution,
and because the Constitution guarantees equal protection of the
law,
July 5, 1995
RESOLVED, that New York State should permit same sex couples to
marry and share fully and equally in the rights and
responsibilities of marriage."
Alderperson Mackesey stated that she supports the resolution
because she believes that democracy demands that we provide equal
opportunity for everybody in our country.
Alderpersons Hanna, Efroymson and Schroeder noted their reasons
for supporting the resolution.
Alderperson Booth stated that he strongly endorses this
resolution. This discussion, however, is related to another
issue which is whether the City of Ithaca may properly and
lawfully issue a marriage license to a same sex couple. He
stated that marriage is an institution regulated entirely by the
State of New York, and the City of Ithaca has no authority
independent of the State of New York. Alderperson Booth also
stated that in his opinion the City of Ithaca must abide by the
current state of the law.
Alderperson Booth noted that he will willingly and strongly vote
for this resolution tonight, but he will strongly criticize any
decision to issue a marriage license in contravention of state
law. He further stated that recommending that the legislature
change the law is proper and responsible, but violating state
law, even for a good purpose, is both improper and irresponsible.
Alderperson Shenk stated that she does not believe that the City
is violating the State law.
Alderperson Sams stated that sometimes a law has to be broken to
make things happen, and as a marriage officer she would be happy
to perform marriage ceremonies for same sex couples.
Alderperson Johnson offered an Amendment asking that this
Resolution be forwarded to Assemblyman Luster and Senator Seward
so that it may be introduced into the appropriate committees of
the State Legislature.
Alderperson Thorpe stated that this Resolution should be
forwarded to the Lambda Legal Defense, NYS Pride Agenda and the
Lesbian/Gay/Bisexual Community in Ithaca, and let them decide
when it would be appropriate to forward it to the State
Legislature.
Alderperson Johnson withdrew the Amendment.
Alderperson Thorpe also stated that a lot of research is being
conducted regarding this matter and that anyone who thinks that
the City is rushing into anything is mistaken.
Mayor Nichols stated that the law is not precisely clear in
regards to same sex marriages. He further stated that the New
York State Constitution states that neither the State or any
subdivision thereof shall deny equal protection under the law.
He stated that the City of Ithaca is a subdivision of the State
of New York, and we have the duty to provide equal protection
under the law, and if we believe that equal protection under the
law means that we should issue a marriage license to a same sex
couple, it's not only something that we will do because it's the
right thing to do, it's our duty to do it.
A vote on the resolution resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed at 9:10 p.m. and reconvened in regular
session at 9:20 p.m.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
July 5, 1995
Board of Public Works
Commissioner Reeves reported that the Board of Public Works
considered the following items in June, 1995:
On-site treatment program for contaminated soils
Accepted the Traffic Task Force Report
Adopted procedures on how to address neighborhood traffic
concerns
Permit use of Stewart Park for training dogs that assist disabled
persons
Approved the Amateur Softball contract
Free State Street bricks for IPAC
Denied GIAC request to use the Wood Street Park for the expanded
basketball league program
Commissioner Reeves stated that the Board of Public Works would
like to be involved with the Planning Committee's discussions
regarding Cornell rezoning.
REPORT OF THE CITY ATTORNEY:
Time Warner Cable
City Attorney Guttman reported that Time Warner will be issuing
refunds for over-charges of the Cable-plus Tier.
Wal-Mart Environmental Review Issue
City Attorney Guttman reported that the lawsuit against the City
regarding the Wal-Mart environmental review issue has been
dismissed.
PLANNING COMMITTEE:
* 16.2 An Ordinance Amending Sections 325-3, 325-8, 325-9 and
325-20 of Chapter 325, Regarding Bed-and-Breakfast Uses
a. Designation of Lead Agency Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Efroymson
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment of Sections 325-3, 325-8, 325-9
and 325-20 of Chapter 325 of the City Code is an Unlisted Action
pursuant to SEQR, and a Type I Action pursuant to CEQR which
requires review under the City's Environmental Quality Review
Ordinance; now, therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendment of Sections 325-3, 325-8, 325-9 and 325-20 of
Chapter 325.
Carried Unanimously
b. Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, an Ordinance Amending Sections 325-3, 325-8, 325-9 and
325-20 of Chapter 325, regarding Bed-and-Breakfast Uses has been
submitted to Common Council for consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
July 5, 1995
RESOLVED, that this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Long Environmental Assessment Form
dated June 27, 1995, and be it further
RESOLVED, that this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, that this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and she is, hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Extensive discussion followed on the floor regarding the possible
negative impacts to neighborhoods.
A vote on the resolution resulted follows:
Ayes (8) - Schroeder, Mackesey, Shenk, Thorpe, Gray, Booth,
Sams, Efroymson
Nay (1) - Johnson
Abstention (1) - Hanna
Carried (8-1-1)
c. 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
By Alderperson Schroeder: Seconded by Alderperson Shenk
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
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
July 5, 1995
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:
[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:
July 5, 1995
[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
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.
[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
July 5, 1995
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 have a negative impact on
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.
Extensive discussion followed on the floor regarding how well
neighborhoods understood the proposed ordinance.
Motion to Postpone
By Alderperson Johnson: Seconded by Alderperson Booth
RESOLVED, That the Ordinance amending Sections 325-3, 325-8,
325-9 and 325-20 of Chapter 325 regarding Bed-and-Breakfast uses
be postponed until the October Common Council meeting.
Ayes (3) - Booth, Johnson, Hanna
Nays (7) - Schroeder, Mackesey, Thorpe, Gray, Efroymson,
Sams, Shenk
Motion Fails (3-7)
July 5, 1995
Further discussion followed on the floor regarding the public
notice that was placed with the Ithaca Journal and the coverage
of the proposed ordinance in the local media.
Motion to Postpone
By Alderperson Mackesey: Seconded by Alderperson Hanna
RESOLVED, That a final vote on the Ordinance amending Sections
325-3, 325-8, 325-9 and 325-20 of Chapter 325 regarding Bed-and-
Breakfast uses be postponed until the September Common Council
meeting.
Ayes (7) - Booth, Johnson, Mackesey, Hanna, Schroeder, Sams,
Shenk
Nays (3) - Gray, Thorpe, Efroymson
Carried (7-3)
Mayor Nichols requested that the following items be advanced on
the agenda:
NEW BUSINESS:
* 21.1 Elimination of Prejudice and Institutional Racism
By Alderperson Sams: Seconded by Alderperson Johnson
WHEREAS, the Ithaca Common Council acknowledges that racism is a
serious problem within our jurisdiction, and
WHEREAS, Common Council recognizes the need for government and
community leadership to take sustained action to address this
problem; now, therefore, be it
RESOLVED, That Common Council agrees to make combating racism in
our community a top priority for the coming year, and be it
further
RESOLVED, That Common Council will see that our budget decisions
reflect this commitment as much as possible, and will make this
issue a top budgeting priority starting in 1996.
Alderpersons Thorpe and Mackesey spoke in favor of the
Resolution.
Carried Unanimously
* 21.2 Bias Related Crimes Resolution
By Alderperson Sams: Seconded by Alderperson Johnson
WHEREAS, Common Council is aware of the dynamics that come into
play to cause bias related crimes, and
WHEREAS, we want to help lessen or eradicate these sorts of
crimes all together, and
WHEREAS, we recognize that one such way is to eliminate bias
crime through education and understanding the impact of ones
crime; now, therefore, be it
RESOLVED, That $3,000 be transferred from Unrestricted
Contingency
July 5, 1995
Account #A1990 to the appropriate line in the City Prosecutor's
budget, such money to be used by the Prosecutor to design and
implement a program to help reduce or eradicate crimes which may
involve bias and to develop an appropriate information base for
the Prosecutor's use relative to said crimes.
Discussion followed on the floor regarding the wording of the
Resolution, and the City Prosecutor's ability to use the funds
for any type of bias related crimes. The City Prosector stated
her belief that the Resolution gave her sufficient flexibility to
use the funds appropriately.
Alderperson Hanna stated that he is in favor of the purpose of
this Resolution but he is opposed to the implementation process
proposed.
A vote on the resolution resulted as follows:
Ayes (9) - Sams, Johnson, Efroymson, Shenk, Gray, Thorpe,
Schroeder, Mackesey, Booth
Nay (1) - Hanna
Carried (9-1)
PLANNING COMMITTEE:
* 16.1 An Ordinance Amending Sections 325-3 and 325-8 of Chapter
325, Regarding Adult Entertainment Establishments
a. Designation of Lead Agency Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Mackesey
WHEREAS, State Law and Section 176.6 of the City Code require
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment of Sections 325-3 and 325-8 of
Chapter 325 of the City Code is an Unlisted Action pursuant to
SEQR, and a Type I Action pursuant to CEQR which requires review
under the City's Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendment of Sections 325-3 and 325-8 of Chapter 325.
Carried Unanimously
b. Declaration of No Significant Environmental Impact
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, an Ordinance Amending Sections 325-3 and 325-8 of
Chapter 325, regarding Adult Entertainment Establishments has
been submitted to Common Council for consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
dated June 27, 1995, and be it further
RESOLVED, that this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
July 5, 1995
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, that this resolution shall constitute notice of this
negative declaration,and the City Clerk be, and she is, hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
c. 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
By Alderperson Schroeder: Seconded by Alderperson Mackesey
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
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 downgrading 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
July 5, 1995
genitals, pubic region, b) human buttock, anus, or c) female
breasts below a point immediately above the top of the areola; or
2) erect penis, 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;
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.”
Carried Unanimously
* 16.3 Minor Revision to Agreement With Comex Plaza Associates
By Alderperson Schroeder: Seconded by Alderperson Shenk
WHEREAS, a Memorandum of Understanding was entered into between
the City of Ithaca and Comex Plaza Associates on December 10,
1993, regarding the use and design of ground floor retail space
in the property known as the “Rothchild’s Building” and
WHEREAS, this agreement was modified by action of the Common
Council dated April 5, 1995, and
WHEREAS, Comex Plaza Associates has requested that the terms of
the Memorandum of Understanding be modified to expand slightly
the permitted tenanted use of the building; now therefore, be it
RESOLVED, for the reasons more particularly stated in the
proposed agreement, the City of Ithaca agrees to amend the
Memorandum of Understanding dated December 10, 1993 and modified
April 5, 1995, and be it further
RESOLVED, that the Mayor is hereby authorized to enter into the
Memorandum of Understanding dated July 5, 1995 amending the
December 10, 1993 Memorandum of Understanding as amended on April
5, 1995.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Johnson, Schroeder, Mackesey, Efroymson,
Sams, Shenk, Thorpe, Gray
Abstention (1) - Hanna (possible conflict of interest)
July 5, 1995
Carried (9-0-1)
*16.4 Acquisition Through Tax Sale of Southwest Park Substitute
Park Land Parcel SW1, Located in the City of Ithaca
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, the City of Ithaca has acquired the tax sale deed to a
4.33 acre parcel (tax parcel 127-1-3) which is part of Negundo
Woods and which is located in the City along the Cayuga Inlet,
and
WHEREAS, this parcel, sometimes known as parcel SW1, has been
identified as substitute park land for Southwest Park, and is
part of the substitute park land called Parcel A1 in Chapter 757
of New York State Laws of 1985, and
WHEREAS, no property taxes have been paid on this parcel for over
three years, and
WHEREAS, Robert Gonet of the New York State Office of Parks,
Recreation and Historic Preservation, Finger Lakes State Parks
Commission, has advised the City that he does not believe the
acquisition of this property now will interfere with the later
use of this property as substitute park land, and
WHEREAS, the City could file the tax deed and establish City
ownership of the land if it pays the taxes which are owed to the
County for this parcel; now, therefore, be it
RESOLVED, Upon the recommendation of the Planning Committee of
Common Council, the Common Council does hereby direct that the
County taxes of approximately $250.00 be paid on this parcel and
that the City take title to the parcel and file the deed for the
parcel with the County Clerk, and be it further
RESOLVED, That the Mayor is hereby authorized and directed upon
the advice of the City Attorney to sign any and all instruments
necessary to carry out this resolution.
Alderperson Booth stated for the record that he will vote in
favor of this Resolution, however, this vote does not indicate
any support for de-parking Southwest Park.
A vote on the resolution resulted as follows:
Carried Unanimously
* 16.5 Procedure for Sale of State Street Bricks
By Alderperson Schroeder: Seconded by Alderperson Hanna
WHEREAS, the City has an ample supply of used paving bricks which
are now stored in the southwest area of the City, and
WHEREAS, Common Council has previously authorized BPW to dispose
of these bricks in accordance with certain policies, and
WHEREAS, Council recognizes that these bricks may be of value to
certain not-for-profit organizations within the City; now,
therefore, be it
RESOLVED, that the Common Council hereby requests that the BPW
consider a modification to the existing policy which would allow
not-for-profit organizations to acquire these bricks at no cost
provided that their use meets the other criteria previously
established for their disposition.
Carried Unanimously
Rezoning of Cornell University - Report
Alderperson Schroeder reported that the Planning Committee is
discussing the rezoning Cornell University and any Council member
who has any ideas or concerns regarding the rezoning is welcome
to attend the next several meetings.
July 5, 1995
Zoning Strategies to Promote Affordable Housing - Report
Alderperson Schroeder distributed the work program for the
summer intern who is working on zoning strategies designed to
encourage creation of affordable housing in the City.
Alderperson Schroeder stated that intern Colin Forth is working
on the Cluster Zoning Ordinance, R-2c Zone, and the investigation
of a floating affordable housing zoning district. Discussions
will be ongoing at the Planning Committee and Planning Board
meetings. Specific proposed ordinances will be forwarded to the
Planning Committee for consideration this Fall.
BUDGET AND ADMINISTRATION COMMITTEE:
* 19.1 Finance/Controller - Request to Transfer Funds for
Computer Network Support Contract
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, Phase I of the City-wide computer network is 95%
implemented, which includes networking City Hall, the Police
Department, and the Fire Department, and
WHEREAS, the Computer Committee has discussed various
alternatives for management of the new network and has determined
that a tier management approach should be instituted, and
WHEREAS, the tier management approach should include: (1) City
Hall floor server managers resolving daily internal network and
PC problems; (2) Basic system and server problem resolution from
Tompkins County computer systems analysts; (3) System support
under a contract with The Computing Center; and (4) Special
system support from additional support contracts already in
place, and
WHEREAS, the Computer Committee is recommending that the City
enter into a contract with The Computing Center to provide for
Network System Support for hardware and software on an as-needed
basis for the remainder of 1995 at a cost not to exceed $10,000,
and
WHEREAS, the Computer Committee will evaluate the network and
related needed system support after the six-month period and make
further recommendations for system network management; now,
therefore, be it
RESOLVED, That an amount not to exceed $10,000 be transferred
from Account A1990 Unrestricted Contingency to Account A1315-435
Contracts for the purpose of providing a Network Service System
contract with The Computing Center for the remainder of 1995.
Carried Unanimously
* 19.2 DPW - Water/Sewer - Request to Temporarily Amend
Personnel Roster
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, Paige Rumsey, since returning from maternity leave, is
working 14.5 hours per week at her position as Account Clerk-
Stenographer and 17.5 hours per week out-of-title as a Principal
Account Clerk, when Joanne Phillips is not working, and
WHEREAS, Joanne Phillips, since covering for Paige Rumsey after
her own maternity leave, is working 20.0 hours per week at least
through December 31, 1995, and
WHEREAS, Beverly Klinko is currently working 16.0 hours per week
as a temporary Account Clerk/Typist, and
WHEREAS, the arrangement to accommodate families, while retaining
job skills the city has helped develop, is working well at less
expense to the city with useful cross-training, and
WHEREAS, the DPW is able to accommodate these particular
arrangements; now, therefore, be it
July 5, 1995
RESOLVED, That the 1995 Water and Sewer Personnel Roster be
temporarily amended by reducing the full-time positions of
Account Clerk-Stenographer and Principal Account Clerk from 35
hours per week to 32 and 20 hours per week respectively, through
December 31, 1995, and be it further
RESOLVED, That a temporary Account Clerk/Typist position be
established for up to 24 hours per week through December 31,
1995.
Carried Unanimously
* 19.3 Finance/Clerk - Request Funds for Purchase of Municipal
Code Software
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, the City Clerk's Office is recommending that PC Codebook
Software be purchased and placed on the City's new network
system, and
WHEREAS, it has been determined that placing PC Codebook on the
City network will reduce staff time spent in maintaining hard-
copy copies of the City Code, reduce staff research time, make
the City Code more accessible to citizens via the City's public
access system, and produce annual cost savings for the City, and
WHEREAS, the initial set up costs and licensing agreement have
been estimated at $3,450 with an annual cost estimated at $6,750;
now, therefore, be it
RESOLVED, That an amount not to exceed $3,450 be transferred from
Account A1990 Unrestricted Contingency to A1315-225 Other
Equipment for the purchase of said codebook software, and be it
further
RESOLVED, That with the purchase of said PC Codebook Software,
the City Clerk shall maintain any hard-copy copies required by
law, and discontinue maintenance of all but approximately 20
existing hard-copy code books.
Carried Unanimously
* 19.4 Planning & Development - Request Funds for Transcript
Cost of ILPC Meeting
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, an Article 78 proceeding has been filed challenging the
actions of the Ithaca Landmarks Preservation Commission (ILPC)
regarding Sage Hall, and
WHEREAS, the City Attorney's office has requested a transcript of
the ILPC meeting at an estimated cost of $1,540; now, therefore,
be it
RESOLVED, That an amount not to exceed $1,540 be transferred from
Account A1990 Unrestricted Contingency to Account A8020-435 for
the purpose of funding said transcript.
Carried Unanimously
* 19.5 Youth Bureau - Ithaca Youth Bureau Acoustic/HVAC Project
After extensive discussion, this item was withdrawn from the
agenda.
* 19.6 Building Department - Request to Transfer Funds
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, at its June 7, 1995 meeting Common Council approved, in
concept, the Building Department's proposed operational changes
that would be required by Dannie Conrad's pending retirement
pursuant to the New York State Retirement Incentive Program, and
WHEREAS, Dannie Conrad will retire effective July 22, 1995 but
will
leave active service June 25, 1995, and
July 5, 1995
WHEREAS, as part of the retirement mitigation plan, a Computer
Network Management Overtime fund in the amount of $1,000 for the
remainder of 1995 will be established and used, as needed, to pay
a Building Department staff member to undertake network repairs
and system set-ups; now, therefore, be it
RESOLVED, That an amount not to exceed $1,000 be transferred from
Account A3620-110 Staff Salaries to Account A3620-125 Overtime to
establish said overtime fund, and be it further
RESOLVED, That the continued establishment of the overtime fund
is contingent on the retirement of Housing Inspector Dannie
Conrad, and subsequent elimination of his position.
Carried Unanimously
* 19.7 Building Department - Request to Promote Personnel
By Alderperson Booth: Seconded by Alderperson Thorpe
WHEREAS, the Building Department was left with an open Code
Inspector position as a result of a recent resignation from the
department, and
WHEREAS, the Building Commissioner is recommending that the open
Code Inspector position be filled by the promotion of Housing
Inspector Linda Jain; now, therefore, be it
RESOLVED, That Linda Jain be promoted from the position of
Housing Inspector and appointed to the position of Code Inspector
at an annual salary of $27,942, that being Grade 16 on the 1995
CSEA Administrative Unit, effective July 6, 1995, and be it
further
RESOLVED, That this promotion is contingent upon the elimination
of the Housing Inspector position.
Carried Unanimously
* 19.8 Building Department - Request to Promote Personnel
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, as part of the Building Department's mitigation plan for
dealing with Dannie Conrad's pending retirement pursuant to the
New York State Retirement Incentive Program, which plan has been
approved in concept by Common Council on June 7, 1995, the
mitigation plan requested by the Department would involve
promoting the current Code Inspector Michael Niechwiadowicz to
Plan Review Officer, and
WHEREAS, the financial implication of the Code Inspector
promotion to Plan Review Officer for the remainder of the year is
$1,400, which can be derived from within the existing 1995
Building Department Budget; now, therefore, be it
RESOLVED, That Michael Niechwiadowicz be promoted from the
position of Code Inspector and appointed to the position of Plan
Review Officer at an annual salary of $36,993, that being Grade
19 on the 1995 CSEA Administrative Unit, effective July 24, 1995,
and be it further
RESOLVED, That the above promotion is contingent on the
retirement of Housing Inspector Dannie Conrad and subsequent
elimination of his position.
Carried Unanimously
* 19.9 Building Department - Request to Amend 1995 Personnel
Roster
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, as part of the Building Department's mitigation plan for
dealing with Dannie Conrad's retirement pursuant to the New York
State Retirement Incentive Program, which plan has been approved
in concept by Common Council on June 7, 1995, the mitigation plan
requested by the Department would involve amending the
Department's typist position from its current part-time status to
a full-time position, and
July 5, 1995
WHEREAS, it has been determined that a full-time typist is needed
in the Building Department to assist in data input and filing,
and
WHEREAS, the financial implication of the increased weekly hours
of the typist position for the remainder of the year is $4,450,
which can be derived from within the existing 1995 Building
Department Budget; now, therefore, be it
RESOLVED, That the 1995 Building Department Personnel Roster be
amended, effective July 24, 1995, as follows:
Delete: (1) Typist Part-time (20 hours) ($8.5184/hour)
Add: (1) Typist Full-time (40 hours) ($8.5184/hour),
Grade 2 of the 1995 CSEA Administrative Unit
and be it further
RESOLVED, That the above personnel amendment is contingent on the
retirement of Housing Inspector Dannie Conrad and subsequent
elimination of his position.
Carried Unanimously
* 19.10 Youth Bureau - Request to Amend 1995 Budget
By Alderperson Booth: Seconded by Alderperson Hanna
WHEREAS, the City of Ithaca has received a grant from the New
York State Division of Youth in the amount of $23,000 to fund the
Community Enterprise Opportunity Program, and
WHEREAS, the Community Enterprise Opportunity Program and this
grant will allow ten young people to set up food vending
operations, design and purchase a food vending cart, and purchase
one computer system, and
WHEREAS, all contracts for this program will be issued to Jeffrey
Furman as lead agent for services for the Community Enterprise
Opportunity Program; now, therefore, be it
RESOLVED, That the 1995 Youth Bureau Budget be amended as follows
for purposes of said grant program:
Increase Revenues Account:
A-3820 State Aid Youth Programs $23,000
Increase Appropriations Account:
A 7310-435-1400 Contracts $23,000
Carried Unanimously
19.11 DPW - Request to Establish Capital Project for Purchase of
Buses
By Alderperson Booth: Seconded by Alderperson Thorpe
WHEREAS, Common Council, at their regular meeting of October 7,
1992, authorized the City to purchase two (2) 19-passenger buses
with the assistance of grant funds from the New York State
Department of Transportation and the United States Department of
Transportation, pursuant to Section 18 of the Urban Mass
Transportation Act of 1964, and
WHEREAS, the City's share of said bus purchase was authorized to
be derived from Capital Reserve #22 Bus Acquisitions based upon a
final project audit by the New York State Department of
Transportation, and
WHEREAS, the final project audit for the two (2) 19-passenger bus
purchases has been received and the funding allocation is as
follows:
Federal Funds (U.S. Dept. of Transportation) $124,491
New York State Funds (Dept. of Transportation)
15,562
Local Share (City of Ithaca) 15,561
July 5, 1995
$155,614
now, therefore, be it
RESOLVED, That Capital Project #312 Transit Bus Purchases be
established in an amount not to exceed $155,614 for said bus
purchases with the City's share of $15,561 being derived from
Capital Reserve #22 Bus Acquisitions as authorized by Common
Council in October, 1992, and be it further
RESOLVED, That the Federal and State reimbursement of $140,053
will be placed in Capital Project #312 upon receipt.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:55 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor