Loading...
HomeMy WebLinkAboutMN-CC-1995-08-02August 2, 1995 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting8:00 p.m. August 2, 1995 PRESENT: Mayor Nichols Alderpersons (9) - Booth, Johnson, Schroeder, Mackesey, Sams, Gray, Efroymson, Shenk, Hanna OTHERS PRESENT: City Attorney - Guttman City Clerk - Conley Holcomb City Controller - Cafferillo Superintendent of Public Works - Gray Planning and Development Director - Van Cort Board of Public Works Commissioner - Reeves Building Commissioner - Eckstrom EXCUSED: Alderperson Thorpe PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the June 7, 1995 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Shenk RESOLVED, That the Minutes of the June 7, 1995 Common Council meeting be approved with the corrections made by Alderperson Schroeder. Carried Unanimously Approval of Minutes of the July 5, 1995 Common Council Meeting By Alderperson Johnson: Seconded by Alderperson Shenk RESOLVED, That the Minutes of the July 5, 1995 Common Council meeting be approved with the corrections made by Alderperson Schroeder. Carried Unanimously YOUTH AWARD: Alderperson Shenk presented Herbert Mack with the Youth Award. Alderperson Shenk spoke of many of Herbert's attributes, as well as his leadership skills. Herbert will be a Senior at Ithaca High School in the fall. MAYOR'S APPOINTMENTS: Rental Housing Advisory Commission Mayor Nichols requested Council approval for the appointment of Theresa Alt, 206 Eddy Street, to the Rental Housing Advisory Commission with a term to expire December 31, 1997. Resolution By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That Council approves the appointment of Theresa Alt to the Rental Housing Advisory Commission with a term to expire December 31, 1997. Carried Unanimously Mayoral Appointments Not Requiring Council Approval: Six Mile Creek Advisory Committee Mayor Nichols announced that he has appointed Jill Tripp (Board of Public Works), 114 Monroe Street; Richard Fischer (Town of Ithaca Conservation Advisory Council), 135 Pine Tree Road; Daniel Hoffman (City of Ithaca Conservation Advisory Council), 607 North Tioga Street; and John Johnson (Common Council), 946 East State Street to the Six Mile Creek Advisory Committee with terms to expire December 31, 1997. Affirmative Action Committee August 2, 1995 Mayor Nichols announced that he has appointed Phyllis Radke, Deputy Building Commissioner, to the Affirmative Action Committee. COMMUNICATIONS: GIAC Lake Cruise Alderperson Sams noted that GIAC is sponsoring a lake cruise on August 17, 1995 as a fund raiser. Empire State Games Alderperson Johnson apologized for the misfortune that the Common Council meeting was scheduled on the same night of the opening ceremonies of the Empire State Games. He further welcomed all of the New York State athletes to Ithaca. Mayor Nichols stated that he has had very good communications with the Director of the Empire State Games, the local organizing committee, and the State Director of Parks, and they understood the scheduling of this meeting, and felt that the City had done a very good job of welcoming the athletes and preparing for the games. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Police Uniforms Ms. Doria Higgins stated that she believes the City of Ithaca is showing poor judgement in the selection of Police summer uniforms. She further stated that the dark colored heavy clothing absorbs heat and also diminishes their visibility at night. She suggested that the City purchase light weight, light colored summer uniforms, along with some type of light weight hat that will provide ventilation and shade for the officers. Ithaca Performing Arts Center Mr. Jim Salk addressed Council in support of the application for release of funds for IPAC. He noted the many improvements that have been made at the State Theater. Bed-and-Breakfast Ordinance Mr. Alan Cohen, 408 Hector Street, addressed Council regarding the Bed-and-Breakfast Establishments legislation. Mr. Cohen voiced concern regarding the notification process. He further stated that he would prefer to see both B&B Homes and Inns owner- occupied, and that he thinks the R-1 zone should be put back into the ordinance. Mr. Fred Somkin, Cornell Walk, noted that the Zoning Ordinance is supposed to be discriminatory, and that he is in favor of the deletion of the R-1 zone from the Bed & Breakfast Ordinance. RESPONSE TO PUBLIC: Police Uniforms Alderperson Mackesey stated that she agrees with Ms. Higgins remarks regarding the summer uniforms of the Ithaca Police Department, and that the matter should investigated. Neighborhood Notification Process Mayor Nichols responded to Mr. Cohen that the notification process for neighborhood response to an application for a Bed & Breakfast facility included all properties within the 200 foot radius. REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES: Board of Public Works Commissioner Reeves reported that the Board of Public Works considered the following matters in July, 1995: The Board granted a request for free State Street bricks to Historic Ithaca. The Board changed the parking regulations in the 100 block of Delaware Avenue between Mitchell Street and Oxford Place, August 2, 1995 restricting parking from 12 noon to 3:00 p.m., Monday through Friday. The Board passed a resolution regarding the Golf Course Clubhouse renovations. The Golf Course sub-committee reviewed a plan to separate the clubhouse/concession area from the pro shop with the intention of leasing the food and beverage concession to a private enterprise for the 1996 season. The Board is reviewing a list of traffic requests in accordance with the recently adopted procedures. REPORT OF THE CITY ATTORNEY: Time Warner City Attorney Guttman reported that continuous progress is being made in obtaining credits to local subscribers from Time Warner. These credits relate to the introduction of the Cable Plus Service which was introduced last summer. NEW BUSINESS: (Agenda Item by Mayor Nichols) By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Ithaca Performing Arts Center (IPAC) has requested that the remaining $4,000 set aside as contingency reserve in the 1995 budget be now granted to IPAC, and WHEREAS, IPAC has provided information to the City that shows improvement in the management and operation of IPAC in the past seven months, and WHEREAS, IPAC has satisfied the conditions set by Council for release of the remaining funds; now, therefore, be it RESOLVED, That the $4,000 in contingency reserve be added to the existing contract between the City and IPAC for 1995. Mayor Nichols explained the situation involving IPAC's request for funds. Discussion followed on the floor. Motion to Refer By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the request from IPAC for continued funding be referred to the Budget and Administration Committee for discussion and be brought back to Council in September. Ayes (8) - Booth, Johnson, Shenk, Mackesey, Hanna, Gray, Sams, Schroeder Nays (0) Abstention (1) - Efroymson Carried (8-0-1) PLANNING COMMITTEE: * 19.3 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 Public Hearing By Alderperson Schroeder: Seconded by Alderperson Shenk 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” is hereby 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, September 6, 1995, at 7:00 p.m., and be it further August 2, 1995 RESOLVED, That the City Clerk shall 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. This 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 and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Alderperson Schroeder explained the changes that have been made to the proposed ordinance including the exclusion of the R-1 zone. Extensive discussion followed on the floor. A vote on the call for public hearing resulted as follows: Carried (9-0) The proposed 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 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 August 2, 1995 primary uses in the 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- or two-family home 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: [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- August 2, 1995 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. [f] Food service shall only be provided to guests taking lodging in the bed-and-breakfast home or inn. [g] In 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, August 2, 1995 as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant or deny the special permit. [3] A special permit granted for a bed-and-breakfast home located in an 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-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. INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE: * 16.1 Approval of Tompkins County Intermunicipal Cable TV Commission Membership By Alderperson Efroymson: Seconded by Alderperson Gray WHEREAS, issues pertaining to cable television and service are growing ever more complex because of changes in regulations, technology and available choices; and WHEREAS, the City of Ithaca has previously recognized the value to its constituents of intermunicipal cooperation in the regulation of cable television by agreeing to participate in the Tompkins County Intermunicipal Cable Television Commission (TCICTC), an advisory body to the City of Ithaca, and approving a representative to the same; and WHEREAS, this commission has formulated, endorsed and forwarded a charter and by-laws dated October 12, 1994, conveying its actions to the City of Ithaca for its review, consideration and approval; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca authorizes the Mayor to affix his signature to said document affirming the approval by this Council of the Charter and By-Laws of the TCICTC, provided that prior to the Mayor affixing his August 2, 1995 signature to said document that the following changes be made to the document: 1. A new Section 12(G) be added which would provide: "In all subsequent years of operation the levy to any party shall not exceed two times the levy imposed in the prior year without the consent of the legislative body of said party." 2. That Section 14 be revised to provide that any participating municipality may withdraw from the agreement at any time rather than upon one year's notice. Alderperson Efroymson explained the intention of the resolution. Extensive discussion followed on the floor regarding the charge of the TCICTC. A vote on the resolution resulted as follows: Carried (9-0) Media Forum Alderperson Efroymson noted that the Inter-Institutional and Community Information Committee is going to hold a media forum August 8, 1995, to discuss ways to get information to the public and how the media can assist in this effort. BUDGET AND ADMINISTRATION COMMITTEE: * 17.1 Finance/Chamberlain - Denial of Tax Penalty Refund By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the property owner at 203 Williams Street and 308 Eddy Street has requested an expungement of penalties on school tax bills, and WHEREAS, the City Chamberlain and Budget and Administration Committee have reviewed the request and supporting documentation and have determined based on New York State Real Property Tax Law that the failure to receive a tax bill does not affect the validity of the tax or penalty; now, therefore, be it RESOLVED, That the request for tax penalty refunds be denied. Carried (9-0) * 17.2 Finance/Controller - Request Funds for Purchase of Computer UPS By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the City Hall Network servers are currently unprotected from electrical surges and temporary power outages that could result from electrical storms during the summer season, and WHEREAS, the Computer Committee is recommending the purchase of two UPS (Uninterruptable Power Supply) protection devices at an estimated cost of $1,650.; now, therefore, be it RESOLVED, That an amount not to exceed $1,650. be transferred from Account A1990 Unrestricted Contingency to A1315-476 Equipment Maintenance to purchase said UPS equipment. Carried (9-0) * 17.3 Finance/Controller - Request to Approve 95-96 Civil Service Agreement By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period of July 1, 1995 to June 30, 1996, in the amount of $23,074., payable to the City of Ithaca on or before November 1, 1995. Carried (9-0) August 2, 1995 * 17.4 Request to Provide Funds for 1995 City Employee Recognition Picnic By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the 1995 City of Ithaca Employee Recognition Picnic will be held on Friday, September 15, 1995 starting at 1:00 p.m.; now, therefore, be it RESOLVED, That an amount not to exceed $2,000. be transferred from the Unrestricted Contingency Account A1990 to Account A1430- 440 in order to pay for the 1995 City of Ithaca Employee Recognition Picnic. Carried (9-0) PLANNING COMMITTEE: * 19.1 Authorization to Prepare Business Improvement District Plan By Alderperson Schroeder: Seconded by Alderperson Mackesey WHEREAS, a BID Research Committee, a group consisting of property owners, merchants and other private sector participants, has recently completed a survey of 302 property owners and businesses in a 14-block area centered on the Commons that indicated strong support for a smaller Business Improvement District than previously proposed, and WHEREAS, the BID Research Committee is requesting that the Common Council authorize the preparation of a Business Improvement District Plan which will describe the organization, operation, management and funding of the proposed BID, and WHEREAS, the preparation of a BID plan can commence 30 days after adoption of a local law making applicable Article 19-A of General Municipal Law which allows the establishment of Business Improvement Districts in the City of Ithaca, provided a petition requesting a permissive referendum has not been filed with the City Clerk, and WHEREAS, such a local law was adopted by Common Council on April 7, 1993 and no such petition has been filed, and WHEREAS, Article 19-A states that the preparation of a district plan shall be prepared by, or under the direction of municipal officers or employees as determined by the legislative body and that the expenses incurred in preparing a district plan shall be a municipal charge, such charge to be reimbursed by the BID after its establishment; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby authorizes the preparation of a district plan pursuant to Sections 980-a (Contents of a District Plan) and 980-d (District Plan) of Article 19-A of General Municipal Law, and be it further RESOLVED, That said plan shall be prepared by the BID Research Committee with the assistance of the Department of Planning and Development, and that the expenses incurred for the preparation of said plan, which are not expected to exceed $900., shall be paid by the City of Ithaca and be reimbursed by the BID when it is established. Discussion followed on the floor with Charles Schlough, member of the BID Research Committee, answering questions from Council members. A vote on the resolution resulted as follows: Carried (9-0) * 19.2 Revised Agreement with Mutual Housing Association By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, the City of Ithaca and the Mutual Housing Association of Tompkins County (MHATC) previously entered into an agreement August 2, 1995 which gave the MHATC an option to acquire a parcel of land adjacent to the MHA first phase development site, and WHEREAS, this option agreement expired on October 30, 1993, and WHEREAS, this agreement was extended to April 30, 1995, and WHEREAS, this option has also expired, and WHEREAS, the City wishes to reestablish an option agreement with MHATC, with this new option covering a different property configuration than set forth in the previous options; now, therefore, be it RESOLVED, that the Mayor is authorized and directed to enter into the agreement with MHATC titled "Agreement Between the City of Ithaca and the Mutual Housing Association of Tompkins County", dated August 2, 1995, granting MHATC an option to acquire a parcel now owned by the City of Ithaca adjacent to the MHATC first phase development site, and be it further RESOLVED, that the Mayor is authorized to execute any and all instruments necessary to carry out this resolution. Alderperson Schroeder explained recent corrections that have been made to the agreement and the land configuration. A vote on the resolution resulted as follows: Ayes (8) - Schroeder, Booth, Johnson, Mackesey, Gray, Hanna, Shenk, Efroymson Nays (0) Abstention (1) - Sams Carried (8-0-1) Inventory of City-owned Properties - Report Alderperson Schroeder reported that an inventory of 187 City owned properties has been completed. Of those 187 properties, 54 may be under-utilized. The next step is to review those 54 properties and determine if they are needed for municipal purposes or if they are surplus parcels that the City should dispose of. Inlet Island Land Use Plan: Federal Conversion Process - Report Alderperson Schroeder reported that the Federal government is strongly encouraging the City to hold another public meeting on the Federal park land conversion process relating to the Inlet Island Land Use Plan. He stated that there will be an opportunity for public comment on the proposed removal from park status of some park land on Inlet Island, and its replacement with park land at Ithaca Falls, in Six Mile Creek, and along the Cayuga Inlet, at the next Planning Committee meeting. REPORT OF COUNCIL LIAISONS: Closing of Shelter Alderperson Mackesey reported that the EOC hopes to close the Galvin House shelter and consolidate services with the Chartwell House on Meadow Street in August. She stated that if Council members have concerns or wish to comment on this plan, they should contact Joyce Walker at EOC. Six Mile Creek Committee Alderperson Johnson reported that the Six Mile Creek Committee has recommended the purchase of the Pakala property for the past two years, and nothing has happened to date. The Committee is interested in meeting with the Mayor, Planning Department, and City Attorney staff to discuss this matter. City Attorney Guttman stated that he has met with Mr. Pakala recently to discuss the purchase of his property. August 2, 1995 IT Operations Committee Alderperson Booth reported that the Operations Committee, that oversees the Joint Transit Facility, has been notified that the City's share of Federal aid will be reduced by 50%-70% in 1996. EXECUTIVE SESSION: By Alderperson Johnson: Seconded by Alderperson Booth RESOLVED, That Council adjourn into Executive Session to discuss a personnel item. Carried (9-0) REGULAR SESSION: Common Council reconvened in regular session and presented the following resolution: * 17.5 Finance/Clerk - Transfer of Leave Time By Alderperson Booth: Seconded by Alderperson Hanna WHEREAS, it has been and is the policy of the City of Ithaca not to permit an employee to transfer accrued personal leave time when that employee leaves one of the City's bargaining units and enters another unit of the City government, unless the new unit also grants the same type (or a very similar type) of leave time, and WHEREAS, in April of 1995 Bill Kaupe was transferred from the Building Department where he was a member of the CSEA Administrative Unit to the position of Deputy City Clerk; and WHEREAS, prior to his transfer he had accrued a certain amount of personal leave time; and WHEREAS, prior to his transfer he requested an opinion from the City of Ithaca as to whether he would be entitled to convert the accrued personal time to annual leave or whether that accrued personal time would be lost; and WHEREAS, he had been advised prior to April 1995 that should he transfer to the position of Deputy City Clerk he might lose the accrued personal time; and WHEREAS, prior to his transfer the Building Commissioner asked him not to take the accrued personal time because there were many tasks that were either partially completed or needed to be handled by Mr. Kaupe due to his unique skills which made it a significant benefit to the Building Department for him to continue to work until his transfer rather than use the accrued leave time; and WHEREAS, Mr. Kaupe at the request of the Building Department worked on these tasks rather than taking the accrued leave time; and WHEREAS, no decision had been submitted to Mr. Kaupe as to whether or not he would be able to transfer the accrued leave time prior to his transfer; and WHEREAS, this Council determines that due to the unique specific facts of this situation, it would be fair and equitable to make an exception to the aforesaid City policy and to allow Mr. Kaupe to transfer three days of personal leave time to his position as Deputy City Clerk; now, therefore, be it RESOLVED, That this Council reaffirms the aforesaid City policy, makes an exception to that policy in the particular case involving Mr. Kaupe, which exception shall not establish a precedent respecting the future implementation of such policy and authorizes the transfer of 3 days of personal leave time to Mr. Kaupe's current position and further directs appropriate City personnel to take all necessary actions to effectuate the transfer of this personal leave time. Carried (9-0) August 2, 1995 ADJOURNMENT: On a motion the meeting adjourned at 9:45 p.m. Julie Conley Holcomb Benjamin Nichols City Clerk Mayor