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