HomeMy WebLinkAboutMN-CC-1995-12-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. December 6, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Thorpe, Gray, Efroymson,
Sams,
Mackesey, Hanna Shenk, Schroeder
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Controller - Cafferillo
City Attorney - Guttman
Deputy City Controller - Thayer
Planning and Development Director - Van Cort
Planning and Development Deputy Director - Sieverding
Building Commissioner - Eckstrom
Police Chief - McEwen
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
Youth Bureau Director - Cohen
Superintendent of Public Works - Gray
Commons Coordinator - Deming
Community Development Administrator - Stevenson
Alderperson-elect - Marcham
Mayor-elect - Cohen
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the October 4, 1995 Common Council
Meeting
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Minutes of the October 4, 1995 Common Council
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the October 25, 1995 Special Common
Council Meeting
By Alderperson Efroymson: Seconded by Alderperson Hanna
RESOLVED, That the Minutes of the October 25, 1995 Special Common
Council meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Special Order of Business
Mayor Nichols requested the addition of a public hearing
regarding modifications to the Community Development Block Grant.
No Council member objected.
New Business
Mayor Nichols requested the addition of Item 20.1 - Compensation
Agreement for the Tompkins County Solid Waste Facility - possible
Resolution.
No Council member objected.
Budget and Administration Committee
Alderperson Booth requested the addition of Item 19.1 - An
Ordinance Amending Sections 146-37 and 146-38 of Article V,
Entitled "Electricians" of Chapter 146 Entitled "Building
Construction" of the City of Ithaca Municipal Code.
No Council member objected.
Alderperson Booth requested the addition of Item 19.11 -
Establishment of Salary Ranges for the City Attorney and City
Prosecutor Positions - Resolution - Executive Session.
No Council member objected.
YOUTH AWARD:
Alderperson Booth announced that on behalf of the Third Ward
Representatives, and Common Council, the December 1995 Youth
Award is awarded to a group of Ithaca High School students
belonging to an organization named SPARC (Students Promoting
Alternative Resolutions to Conflict). He noted that
approximately 30 students participate in this organization, and
their mission is to provide a peer oriented mechanism for
handling disputes between students.
Alderperson Booth introduced the students who were in attendance,
and presented them a certificate of merit, and a gift
certificate.
MAYOR'S APPOINTMENTS:
Ithaca Urban Renewal Agency
Mayor Nichols requested Council approval for the re-appointment
of Susan Cummings, 214 Fayette Street, to the Ithaca Urban
Renewal Agency, with a term to expire June 30, 1999.
Resolution
By Alderperson Johnson: Seconded by Alderperson Schroeder
RESOLVED, That Common Council approves the re-appointment of
Susan Cummings to the Ithaca Urban Renewal Agency, with a term to
expire June 30, 1999.
Carried Unanimously
Planning and Development Board
Mayor Nichols requested Council approval for the appointment of
Steven Ehrhardt to the Planning and Development Board, as the
Board of Public Works Liaison, replacing Denise Rusoff.
Resolution
By Alderperson Shenk: Seconded by Alderperson Efroymson
RESOLVED, That Common Council approves the appointment of Steven
Ehrhardt to the Planning and Development Board as the Board of
Public Works Liaison.
Carried Unanimously
Six Mile Creek Committee
Mayor Nichols requested Council approval for the re-appointment
of John F. (Jack) Booker, 308 Eastwood Avenue, to the Six Mile
Creek Advisory Committee with a term to expire December 31, 1997.
Resolution
By Alderperson Hanna: Seconded by Alderperson Mackesey
RESOLVED, That Common Council approves the re-appointment of John
F. (Jack) Booker to the Six Mile Creek Committee with a term to
expire December 31, 1997.
Carried Unanimously
Board of Public Works
Mayor Nichols requested Council approval for the appointment of
Al Davidoff, 407 Utica Street, to the Board of Public Works, with
a term to expire December 31, 1996, replacing Denise Rusoff.
Resolution
By Alderperson Shenk: Seconded by Alderperson Thorpe
RESOLVED, That Common Council approves the appointment of Al
Davidoff to the Board of Public Works with a term to expire
December 31, 1996.
Carried Unanimously
Ithaca Housing Authority
Mayor Nichols announced that he has appointed Gerald Coles, 502
Warren Place, and Theresa Alt, 206 Eddy Street, to the Ithaca
Housing Authority with terms to expire October 17, 2000 and
October 17, 1999, respectively.
COMMUNICATIONS:
City Clerk Conley Holcomb read the following letter from Joe
Cassaniti into the record:
"I am asking you to reinstate the Community Service Officer to a
full time position of 40 hours vs. the 25 hours proposed.
I am an adamant believer in preventative maintenance and the
Community Service Officer in the Building Department is doing a
very good job.
Susan Kittel has worked closely with me on several occasions:
West End Breakfast Club, cart issue, garbage cans, EOC homeless
shelter, corner store, etc. She covers all of the City of Ithaca
and does her job fairly to all parties and is a fine Building
Department representative.
When it comes to spending government dollars I am the first to
say NO WAY but filling this position correctly will be an
efficient and correct usage of the taxpayers funds.
Please keep this preventive job going at 40 hours. It will be a
wise choice for Common Council members to make."
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Community Service Officer
The following persons spoke to Council in support of the
Community Service Officer position being maintained at 40 hours
per week:
Jim Hardesty - 309 Second Street
Barbara Balluffi - 312 Second Street
Veet Deha - 319 South Albany Street
Judy Hardesty - 309 Second Street
Michael A. Robinson - 248 Floral Avenue,
Sidewalks/Floral Avenue
Mr. Michael A. Robinson, 248 Floral Avenue, addressed Council
regarding the need for sidewalks on Floral Avenue.
Resolution of Appreciation to Mayor Nichols
Mr. Michael A. Robinson read the following resolution of
appreciation to Mayor Nichols and asked that Council consider it
as a New Business Item:
"WHEREAS, Benjamin Nichols has served the City of Ithaca, New
York and its citizens for six years as Mayor, and
WHEREAS, he has distinguished himself and his office throughout
his three terms of office, and
WHEREAS, his many abilities, caring, concern, courage, dedication
and diligence have resulted in numerous benefits to the City and
its citizens, and
WHEREAS, he has shown tremendous courage, willingly subjecting
himself to considerable, often unjust criticism in the defense of
his lofty principles, and
WHEREAS, his commitment, dignity, integrity and perseverance have
established new model standards of performance for the future,
and
WHEREAS, his accomplishments, ethical behavior, leadership and
overall performance have assured him a well earned and much
deserved place among Ithaca's Mayoral Elite; now, therefore, be
it
RESOLVED, That Common Council, representing all of the citizens
of the City of Ithaca hereby acknowledges and recognizes Ben
Nichol's outstanding achievements as Mayor; thanks him for the
many sacrifices he has made, and the tremendous service he has
given; and extends its sincerest best wishes for the continued
success of him and his family in the years to come, and be it
further
RESOLVED, That a copy of this Resolution be spread upon the
official minutes of the City for the scrutiny of present and
future generations."
Proposed Exterior Property Maintenance Ordinance
Mr. Scot Raynor, 314 Cornell Street, a landlord and treasurer of
the Landlords Association of Tompkins County, addressed Council
regarding the proposed Exterior Property Maintenance Ordinance.
He stated that the Association received drafts of the proposed
ordinance, including the November 29, 1995 version, but
unfortunately, they didn't receive the first draft in time to
review it before the Planning Committee meeting on November 21,
1995. He requested that the Association be notified in a more
timely fashion in the future about proposed legislation that
affects property owners, especially rental property owners and
managers.
Mr. Raynor noted the Association formed a committee to review the
latest draft of the property maintenance legislation, and they
are in agreement that several chapters of the Municipal Code
should be consolidated into the zoning chapter, and the language
clarified so that City officials, property owners and tenants
alike, can easily access and understand this information.
He stated that the Association has several questions and concerns
about the proposed legislation, and asked that the Common Council
delay their decision until these items can be discussed further.
Octopus Project - Parking Issue
Ms. Cynthia Yahn, 610 West Buffalo Street, addressed Council
regarding the Buffalo Street parking issue in connection with the
Octopus project. She presented a petition to Council members
requesting that parking not be removed from the 600 block of West
Buffalo Street.
Snow and Ice Removal
Mr. Larry Roberts, 406 South Plain Street, Program Director for
the Finger Lakes Independence Center, announced that the Finger
Lakes Independence Center is starting its 1995 snow and ice
removal campaign, reminding citizens that the City of Ithaca has
an ordinance requiring them to remove snow and ice from their
sidewalks and curb cuts within a specific time period.
1996 Budget - Parking Fees
Mr. Eric Hintz, President of the Downtown Ithaca Inc., spoke to
Council regarding the proposed increase to municipal parking
rates in the 1996 budget. He stated that Downtown Ithaca Inc. is
opposed to any increase in parking rates. He asked Council to
reconsider the possible effects of this proposed increase.
Recycling and Solid Waste Center Compensation Program
Mr. Henry Vaughan, 304 Eastwood Avenue, Chairman of the Tompkins
County Neighborhood Advisory Committee for the Recycling and
Solid Waste Center, addressed Council concerning the compensation
program regarding the Recycling and Solid Waste Center. He
stated that there was significant opposition from the commercial
interests and Spencer Road residents when the County announced
that it was considering locating the solid waste processing
facility on Commercial Avenue.
Mr. Vaughan further stated that under the leadership of Mayor
Nichols, the City opposed the County's plan, and eventually a
settlement was reached that permitted the County to proceed with
the facility, under several conditions. One of the conditions
was that the County, subject to the approval by the City, would
adopt a formal program under which property and business owners
would be compensated for the negative impacts, if any, of the new
facility.
Mr. Vaughan stated that the assessed value of the properties in
the defined potential impact area is currently about 36 million
dollars. He noted that the long term economic health of this
sector of the City is of vital importance to the long term
economic health of the whole City.
The Neighborhood Advisory Committee has been working on the
compensation program for several years and numerous negotiations
have occurred between various County and City officials. Mr.
Vaughan stated that due to the tremendous efforts of the County,
it now appears that there is little likelihood that the program
will ever be triggered, both the Neighborhood Advisory Committee
and the County are anxious to have an improved program in place.
He said that the program presented to Common Council tonight is
has been approved by the Board of Representatives, and requires
the approval of Common Council.
RESPONSE TO THE PUBLIC:
Alderperson Schroeder apologized to the Landlords Association of
Tompkins County for the delay in the mailing of the proposed
Exterior Property Maintenance Ordinance.
Alderperson Booth stated that he agrees with the comments
regarding raising the downtown hourly parking fees in the 1996
budget.
Alderpersons Efroymson and Hanna voiced their support for funding
the Community Service Officer position for 40 hours.
REPORT OF THE BOARD OF REPRESENTATIVES:
County Memorandum of Understanding
Tompkins County Board Representative Barbara Mink reported that
the Memorandum of Understanding between the County and the City
regarding the downtown location of the County Human Services
building was amended, and passed by the County Board. Ms. Mink
stated that Section 5, Infrastructure, has been rewritten, and
substantive changes were also made to Section 1, Parking, clause
4.
Extensive discussion followed on the floor regarding the
Memorandum of Understanding.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters:
The Assistant City Attorney is preparing bid documents and
specifications for the Golf Course concession.
The Board opposes parking permit and fee changes in City lots and
ramps. One of the Board's biggest concerns is for business
operators, who may lose business if people choose not come
downtown due to increased rates.
Commissioner Reeves is working with the Tompkins County Senior
Citizens Council and the Office for the Aging regarding the
recruitment of volunteers to assist the elderly with snow and ice
removal.
Yard waste pick up ends on December 15, 1995.
Disability Advisory Council
Mr. Larry Roberts, member of the Disability Advisory Council,
reported to Council on the following matters:
Handicapped accessibility issues in the City of Ithaca need to be
reviewed with Common Council.
The Disability Advisory Council will be reviewing the City's Dog
Ordinance to see if it needs to be strengthened in regard to
service dogs, and seeing eye dogs.
The Disability Advisory Council will be reviewing the Municipal
Fire Code regarding visual smoke detectors in rental properties
for people who are deaf or hearing impaired.
COMMUNICATIONS FROM THE MAYOR:
1996 Budget
Mayor Nichols explained several aspects of the proposed 1996
budget. He stated that Ithaca and many other cities, are in
great hardship due to the economy, and aid reductions from the
State and Federal governments. He noted that the City's per
capita aid has been drastically reduced, which places increased
stress on City taxpayers. Mayor Nichols further noted the many
difficult decisions that he, Council, and staff have faced during
the budget process, and thanked everyone for their hard work.
County Memorandum of Understanding
Mayor Nichols noted the changes made to the Memorandum of
Understanding with Tompkins County regarding the downtown
relocation of the Human Services building, and recommended that
Council approve it.
Proclamations
Mayor Nichols made the following proclamations:
Aids Awareness Week - November 30, 1995 - December 7, 1995
World Aids Day - December 1, 1995
Human Rights Days - December 9-10, 1995
REPORT OF THE CITY ATTORNEY:
Same Sex Marriage Licenses
City Attorney Guttman reported that earlier this week he released
an opinion regarding the right and/or the responsibility of the
City of Ithaca to issue a marriage license to two individuals who
are of the same sex.
City Attorney Guttman noted that in his personal opinion, and an
opinion shared by the Mayor, the denial of a marriage license to
a same sex couple appears to violate their due process and equal
protection rights. However, neither the Federal nor the New York
State Courts have yet reached that conclusion. The New York
State Health Department, Division of Legal Affairs, has advised
that City Clerk's should not issue a marriage license to persons
of the same sex.
City Attorney Guttman stated that the City of Ithaca, as any
other city in New York State, has the obligation of enforcing
fundamental constitutional privileges. However, the Courts, in
discussing this obligation, have made it clear, the City's
responsibility to uphold such constitutional rights, and its duty
to prevent actions by the City which would violate individuals
constitutional rights are those constitutional rights as
interpreted by the judiciary.
Last month the New York Court of Appeals issued a ruling and
granted a lesbian partner the right of adoption as a second
parent of a child. In that case the Court overturned a lower
Court ruling which had prevented the lesbian couple from both
being considered as adoptive parents of the child. City Attorney
Guttman stated that there was language in that decision which
convinced him that the Courts are not ready at this time, to find
that an opposite sex requirement for marriage is a violation of
the couple's equal protection rights, or a violation of that
couple's fundamental right to marry. He further stated that it
is his hope and expectation that in the near future these
committed, loving relationships will be granted with full legal
status. This cannot be accomplished however, until either the
legislature or the Courts open that door, and therefore, it was
with great reluctance and disappointment that he issued the
opinion earlier this week.
SPECIAL ORDER OF BUSINESS:
A Public Hearing to Consider Community Development Block Grant
Reprogramming
Resolution to Open Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to consider Community
Development Block Grant reprogramming be declared open.
Carried Unanimously
Mr. Paul Stevenson, Community Development Administrator,
explained several aspects of the Block Grant reprogramming, and
answered questions from Council regarding the Glyph Technologies
proposal.
No one appeared to address the Council.
Resolution to Close Public Hearing
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That the Public Hearing to consider Community
Development Block Grant reprogramming be declared closed.
Carried Unanimously
PLANNING COMMITTEE:
* 17.2 Community Development Block Grant Reprogramming
By Alderperson Schroeder: Seconded by Alderperson Hanna
WHEREAS, the City of Ithaca received Community Development Block
Grant (CDBG) fund in 1992 for the West Inlet Housing Development
Project, and in 1993 for the Landmark Square Housing
Rehabilitation Project, and
WHEREAS, neither project could be implemented according to plan,
thus leaving approximately $650,000 in CDBG funds to be allocated
or “reprogrammed” for other uses, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) requested
proposals, with a preference for projects involving affordable
housing, job creation and the revitalization of West State
Street, and following consultations with the Citizens Advisory
Committee, the IURA has identified two projects for
recommendation the Common Council for reprogramming, and
WHEREAS, the first recommendation is for a loan to Glyph
Technologies, which produces and markets digital sound recording
equipment, with the loan anticipated to produce five or more
jobs, and
WHEREAS, the second recommendation involves Ithaca Neighborhood
Housing Services (INHS) for a house recycling program, to be
initially concentrated in the Cleveland Avenue/Southside
Neighborhood, and
WHEREAS, both the IURA and the Planning Committee of the Common
Council recommend to the Common Council that the two proposals
described be approved as part of the reprogramming request to the
US Department of Housing and Urban Development (HUD), subject to
a public comment process; now, therefore, be it
RESOLVED, That the Common Council approves the reprogramming
proposal for Glyph Technologies for $100,000, for submission to
HUD for final approval, and authorizes the Mayor to sign all
related documents, and be it further
RESOLVED, That the Common Council gives conceptual agreement to
the INHS proposal, pending consultation with neighborhood
residents and with final approval required by the Common Council.
Discussion followed on the floor regarding additional Block Grant
applications.
A vote on the Amended Resolution resulted as follows:
Carried Unanimously
* 17.1 Memorandum of Understanding with Tompkins County
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, Tompkins County is considering the construction of an
approximately 65,000 square foot Human Services Building on the
300 block of West State Street, and
WHEREAS, the construction of this office building is a welcomed
public investment in the West State Street area that may act as
an inducement to private investment that will lead to a
revitalization of this important area of the City’s Central
Business District, and
WHEREAS, the design, review and approval, construction and
operation of the proposed office building will only be realized
by the City of Ithaca and Tompkins County working cooperatively
with each other in the development of this project, and
WHEREAS, there are issues regarding parking, zoning, site plan
and environmental review, and infrastructure that must be
resolved in order to realize this project, and
WHEREAS, the framework for resolving these development issues has
been negotiated and is described in the attached ?? “Memorandum
of Understanding Between the City of Ithaca and Tompkins County
Concerning the Construction of the Human Services Building on
West State Street” dated December 6, 1995, and
WHEREAS, it is the City's understanding that the area within the
two block radius referred to in Section 1, paragraph 7 is the
shaded area on the map, dated December 6, 1995, and
WHEREAS, it is the City's understanding that the extent of the of
the City's obligation under Section 5, Public Infrastructure, is
limited to the $100,000 referred to in that Section, and
WHEREAS, this document revises the terms of a similar Memorandum
of Understanding between the City and County adopted by Common
Council on November 1, 1995; now, therefore, be it
RESOLVED, That the Common Council agrees to the terms of the
following revised Memorandum of Understanding and authorizes the
Mayor to execute this document on behalf of the City of Ithaca.
Alderperson Schroeder explained the revisions to the Memorandum
of Understanding, and extensive discussion followed on the floor
with County Board Representative Mink and Deputy Planning and
Development Director Sieverding answering questions from Council
members.
A vote on the amended resolution resulted as follows:
Carried Unanimously
The Memorandum of Understanding reads as follows:
Memorandum of Understanding
Between the City of Ithaca and Tompkins County
Concerning the Construction of a County Office Building on
West State Street
December 6, 1995
The County of Tompkins, a municipal corporation having its
principal place of business at 125 East Court Street, Ithaca, NY
and hereinafter referred to as the “County,” intends to construct
an office building, parking lot and associated site improvements
for its offices of the Social Services, Probation and Youth
Bureau Departments. The site for this building is comprised of
approximately eight parcels located on the block bounded by West
State, North Plain, West Seneca and North Albany Streets (Tax Map
71, Block 2) in the City of Ithaca.
This Memorandum of Understanding establishes the conditions under
which the County will agree to locate this office building on
this preferred site and the guidelines by which the County and
City of Ithaca will interact during the design, approval,
construction, and operation of the new office building
hereinafter referred to as the “Human Services Building.”
The City of Ithaca, a municipal corporation having its principal
place of business at 108 East Green Street, Ithaca, NY and
hereinafter referred to as the “City,” and the County agree to
the following:
1. Parking
Although the existing zoning for the sites under consideration
have no on-site parking requirement, the City and County
acknowledge that the proposed construction of the Human Services
Building will create a parking demand. To meet this demand at
least 51 spaces will be provided, by the County, on or near the
site of the proposed office building. Additional off-street
parking will be provided by the date of occupancy of the new
office building as follows:
1. 20 spaces to be provided by the City to the County,
at no cost to the County except as described in section 5 below,
at the recently reconstructed West State Street parking lot in
front of the Central Fire Station.
2. This lot will be provided with lighting and maintained to
the standards of other off-street parking facilities operated by
the City of Ithaca at its sole cost.
3. 71 spaces to be provided by the County at a new
parking lot to be constructed by the County on the block bounded
by West State, North Albany, West Seneca and North Geneva Streets
(Tax Map 71, Block 3) in accordance with the attached Map
entitled “Proposed 71 Space Parking Lot” and dated November 21,
1995. If as a result of a environmental assessment of this site
the County determines that major environmental remediation is
necessary the County shall have the option of providing these
parking spaces at a different location. For purposes of this
section “major” shall be defined as the cost of environmental
remediation being greater than one half the lowest appraised
value of the land (as appraised by Midland Appraisal Associates,
Inc. on November 16, 1995) on which the environmental hazard
exists. If the County elects to provide parking elsewhere, the
City shall have input into the site selection process. Should
the County decides to increase the size of this parking lot, the
design for the expansion will be jointly planned by the County
and City. The County will ensure that this parking lot will be
available to the general public during non-business hours.
4. The City and County recognize that various City parking and
downtown revitalization studies have identified this site (Tax
Map 71, Block 3) as the preferred location for a possible parking
garage. The City and County, therefore, agree that in the event,
within 12 years from the date the Human Services Building is
occupied by the County, the City decides to a construct a parking
garage at this site, the County will convey to the City, at no
cost to the City, those parcels of this block it then owns. In
consideration of this conveyance, the City will provide to the
County, at no cost to the County and for so long as the Human
Services Building is owned by the County and used for municipal
purposes, a number of parking spaces in the parking garage (or
during construction of a parking garage at other reasonable
sites) equal to the number of surface-level spaces the County had
available on the site.
5. If the County needs additional parking, the County will
purchase up to 20 parking permits for the spaces referred to in
Paragraph 1.1 beginning with the first day of the month the Human
Services Building is occupied by any County Department.
Purchases of the parking permits shall continue for a period of
240 months commencing upon occupancy of the building and
continuing for so long as the Human Services Building is owned by
the County and used for municipal purposes. The rate for the
parking permits shall be the lowest rate the City charges for
monthly parking permits in its off-street parking facilities in
the Central Business District or in Collegetown. The County shall
pay such amounts annually in advance or monthly. In the event
the City decides on an alternate use for this property during the
240-month period referred to above, the City will provide 20
parking spaces at a location that is no more distant from the
Human Services Building than Tax Map 71, Block 3.
6. The County will retain the balance of funds in the Mental
Health Building escrowed parking account and the $31,000 annual
payment will end upon commencement of the construction of the
Human Services Building and parking lot as contemplated in this
agreement.
7. Subject to the possible modifications described in Section
9 below, the City will not extend the zones for one and two-hour
parking or install additional meters within a two-block radius of
the preferred site so long as the Human Services Building is
owned by the County and used for municipal purposes.
8. At no time will the City request any payment in lieu of
taxes with respect to this building, site, or the activities
which are performed within so long as the Human Services Building
is owned by the County and used for municipal purposes.
9. The City and County, furthermore, agree that the future
impact of parking generated by the proposed new office building
will be assessed no later than three years from the date of
occupancy of the building. If such an assessment shows a
negative parking impact on the neighborhoods surrounding the
proposed facility, the City and County will attempt to negotiate
a mutually acceptable plan that may include the provision of more
off-street parking, the evaluation of the restriction on the
geographic extent of time limited or metered parking and
consideration of park and ride, incentives and other measures to
encourage the use of public transit. If a negative impact is
found and these negotiations are not successful in producing a
mutually acceptable plan or the County does not agree that a
negative impact exists or otherwise mitigate a negative impact,
both the City and County agree to submit to mediation.
10. The City and County agree to work together to develop an
incentive program for City and County employees to encourage and
promote the use of public transportation, car pooling and other
traffic reducing measures as a means of commuting to work.
2. Zoning
The site under consideration is primarily in the B-2c zone.
There is a 50-foot maximum building height provision in the B-2c
zone. The County has proposed, in its schematic design, a four
story building. The City recognizes that it may not be possible
to construct the proposed building with an appropriate level of
amenity and parking on the proposed site if the height limitation
is strictly adhered to. The City agrees to take reasonable steps
to accommodate the County should a minimum adjustment to the
height limitation in this zone be necessary to accommodate the
proposed four story building. The means by which this could be
achieved are either through a variance by the Board of Zoning
Appeals or through a rezoning by the Common Council or by an
agreement to waive the zoning requirements for this building.
3. Site Development Plan Review
The City stipulates that Site Development Plan Review for this
facility by the City’s Planning and Development Board will be an
advisory process. The City will encourage the Planning and
Development Board to review any proposal for the Human Services
Building facility on the proposed site in an expeditious and
cooperative manner.
4. Environmental Quality Review Regulations
Recognizing that the Site Development Plan Review process is
advisory, the County, as the agency primarily responsible for the
action, should be lead agency for the review.
5. Public Infrastructure
The City agrees that improvements to the environment and
appearance of West State Street are important to the success of
the project and agrees to include in the 1996 City budget a
$100,000 public infrastructure improvement project to be
completed, at the sole cost of the City, prior to the opening of
the Human Services Building. This project will be focused on
enhancing the pedestrian environment in the immediate vicinity of
the Human Services Building on West State Street and will at
least include improved street lighting, street landscaping, curbs
and sidewalks, all at the sole cost of the City. The lighting
shall be provided so that pedestrians experience light levels on
both sides of the street within the improvement area that conform
to ANSI/IES (American National Standards Institute and
Illuminating Engineers Society) standards for commercial and
residential areas. The City will consult with the County and
other property owners on West State Street on the specific design
details of this project before its implementation.
In addition to the above mentioned project, the City agrees to
develop a long-range project for the Corridor that includes
safety and amenity improvements to support revitalization of the
area and ensure that the full public benefit from locating the
Human Services Building along the Corridor is realized.
The City agrees to make available to the Human Services
Building the downtown fiber optic network by installing a
conduit, at City expense, to the proposed building site that is
connected to the rest of that downtown network. Specific network
connections, including all wiring cable, and hardware, shall be
arranged between County and City engineering departments and
installed at County expense.
6. County Office Building
The County shall purchase land, perform demolition,
environmental remediation, design, and construction of the Human
Services Building. The building shall be available for occupancy
no later than January, 1999. The County agrees to provide
approximately 180 square feet of finished office space in the
Human Services Building for the Community Policing Program. This
space shall be provided at no cost to the City so long as at
least one full-time Police Officer is assigned to provide regular
community policing services based from the Human Services
Building. This office will be equipped with electrical outlets,
lighting, telephone jacks, and information network hookup.
If said building is not constructed by the County, this
agreement shall be canceled and neither party will be
obligated to the other.
It is understood by both parties that this agreement is
subject to the annual appropriation of funds by the County of
Tompkins Board of Representatives and the City of Ithaca Common
Council. It is also understood that this agreement supersedes
the Mental Health Building Agreement of June 24, 1992.
SIGNATURES
RECESS:
Common Council recessed at 9:10 p.m. and reconvened at 9:20 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 19.1 An Ordinance Amending Sections 146-37 and 146-38 of
Article V, Entitled "Electricians" of Chapter 146 Entitled
"Building Construction" of the City of Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Efroymson
ORDINANCE NO. -95
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code, Sections 146-37 and
146-38 of Article V, entitled "Electricians" of Chapter 146
entitled "Building Construction" of the City of Ithaca Municipal
Code is hereby amended as follows:
146-37. License application and fees; transferability.
A. All persons desiring to be examined shall make
application to the Building Commissioner of the city in such form
and detail as may be required. Such application shall be
accompanied by payment of an examination fee of one hundred
dollars ($100).
B. The fee for an original license is included in the
examination fee.
C. Licenses may be renewed annually upon payment of a fee of
as follows: fifty dollars ($50) for the year of 1996, seventy
five dollars ($75) for the year of 1997, and one hundred ($100)
in subsequent years.
146-38. Electrical permits; fees.
A. No alterations or additions shall be made in or to the
existing wiring in any building nor shall any new construction be
wired for the use of electric current without first obtaining a
building permit or a building permit for electrical work from the
office of the Building Department.
B. When the electrical work is being done as a portion of a
construction project covered by a building permit, the fee for a
building permit shall cover the fee for the electrical permit. In
cases where the electrical installation, addition, repair or
alteration is the only work scheduled to be performed, the fee
shall be equal to the equivalent building permit fee using the
schedule in section 146-7.C.(2) based on the valuation of the
work.
Section 2. Effective Date.
This ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Building Commissioner Eckstrom explained that the fee changes
noted above have been incorporated into the proposed 1996 budget.
Alderperson Booth stated that there were additional substantive
changes that have been removed from this Ordinance, and will be
discussed further at the January Budget and Administration
Committee meeting.
A vote on the ordinance resulted as follows:
Carried Unanimously
* 19.2 Adoption of 1996 Budget
By Alderperson Booth: Seconded by Alderperson Thorpe
WHEREAS, this Common Council is now considering adoption of the
Amended Executive Budget for 1996 as approved by the Budget and
Administration Committee, and
WHEREAS, it is the consensus of this Common Council that the
total appropriations and estimated revenues, as set forth in said
Amended Executive Budget for 1996 and as those amounts may be
altered by action of this Common Council at its December 6, 1995
meeting, are adequate for the operation of the City during 1996;
now, therefore be it
RESOLVED, That this Common Council accepts and approves said
Amended Executive Budget for 1996, together with any additional
changes made in said budget at Council's December 6, 1995 meeting
as the City of Ithaca Budget for 1996, in the total amount of
$35,393,619., and be it further
RESOLVED, That the following sections of the 1996 Budget be
approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Joint Activity Fund Appropriations
E) Solid Waste Fund Appropriations
F) General Fund Revenues
G) Water Fund Revenues
H) Sewer Fund Revenues
I) Joint Activity Fund Revenues
J) Solid Waste Fund Revenues
K) Debt Retirement Schedule
L) Capital Projects
M) Schedule of Salaries and Positions - General Fund
N) Schedule of Salaries and Positions - Water & Sewer Fund
O) Schedule of Salaries and Positions - Joint Activity Fund
P) Schedule of Salaries and Positions - Solid Waste Fund
Q) Authorized Equipment - General Fund
R) Authorized Equipment - Water Fund
S) Authorized Equipment - Sewer Fund
T) Authorized Equipment - Joint Activity Fund
U) Authorized Equipment - Solid Waste Fund
Alderperson Booth stated that he is making this motion with the
understanding that the existing language involving the Vacancy
Committee will remain until Council subsequently changes that
language, which was a ruling by the City Attorney.
Alderperson Booth further stated that at the last budget meeting,
the City Controller was directed to make an additional $15,000 in
adjustments to maintain the Mayor's proposed tax increase of 4%.
Adjustments to the 1996 Mayor's Budget, Requested by Common
Council to Maintain the 4% Tax Increase from $8.33 to $8.663
Reflected in the Mayor's Budget
By Alderperson Booth: Seconded by Alderperson Hanna
RESOLVED, That the following adjustments be made to the Mayor's
proposed budget for 1996:
A. Reduced Finance Department equipment line by $1,000 -
downsized printer and fax machine:
A1315-120 ($1,000)
B. Reduced Police Department equipment request by $2,000 -
downsized several computer components:
A3120-120 ($2,000)
C. Reduced Fire Department equipment request by $2,000 -
downsized two laptop computers:
A3410-210 ($2,000)
D. 1. Reduced DPW Maintenance of Streets Equipment request
by $1,600 by removing 1 Tamp for road patching:
A5111-225 ($1,600)
2. Reduced DPW Stewart Park equipment request by $2,000
by decreasing the picnic table line item:
A7112-225 ($2,000)
3. Reduced DPW Storm Sewer request by $1,000 by deleting
the fire hose (Fire Dept. to provide required hose from
their replacement program):
A8141-225 ($1,000)
E. Adjustments to Youth Bureau Programs as follows:
1. Delete one circulating pump from Cass Park
(replaced in 1995):
A7182-225 ($1,500)
2. Reduced Cafe Program part-time seasonal:
A7310-120-1203 ($400)
3. Reduced RMS office expense line:
A7310-425-1600 ($200)
4. Reduced Cass Park Rink contractual services:
A7310-435-1304 ($400)
5. Reduced Small Fry Football program supplies:
A7310-460-1306 ($500)
6. Reduced Center for Expressive Arts program supplies:
A7310-460-1350 ($100)
F. The Planning Department's request for matching funds of
$5,000 for a Waterfront study in the West End can
appropriately be charged to Capital Project #207 for
West End Development (not previously submitted for
inclusion in the Mayor's Budget). This project has
been used to fund appraisals, surveys and other related
planning costs:
Cap.Proj. #207 ($5,000)
Net Potential Adjustments ($17,700)
Requested to fund amended budget as of
11/28/95 meeting $15,000
Net available to fund other potential changes $2,700
Discussion followed on the floor with City Controller Cafferillo
answering questions from Council members.
A vote on the budget adjustments resulted as follows:
Ayes (9) - Booth, Johnson, Hanna, Gray, Mackesey, Sams,
Schroeder, Shenk, Thorpe
Nay (1) - Efroymson
Carried
Budget Adjustments - Parking Revenues
By Alderperson Thorpe: Seconded by Alderperson Shenk
RESOLVED, That the downtown hourly parking rates be increased to
$.40 per hour per the Mayor's proposed budget.
Ayes (6) - Johnson, Gray, Hanna, Shenk, Thorpe, Schroeder
Nays (4) - Efroymson, Sams, Mackesey, Booth
Carried
By Alderperson Schroeder: Seconded by Alderperson Hanna
RESOLVED, That the Dryden Road ramp hourly parking rate be
decreased from $.75 to $.70 in the Mayor's proposed budget.
Ayes (3) - Sams, Hanna, Schroeder
Nays (7) - Booth, Johnson, Shenk, Gray, Thorpe, Mackesey,
Efroymson
Motion Failed
By Alderperson Hanna: Seconded by Alderperson Johnson
RESOLVED, That the fee for monthly parking permits be increased
an average of 12% in the Mayor's proposed budget.
Ayes (2) - Hanna, Shenk
Nays (8) - Booth, Gray, Johnson, Thorpe, Mackesey, Sams,
Schroeder, Efroymson
Motion Failed
By Alderperson Efroymson: Seconded by Alderperson Sams
RESOLVED, That the downtown hourly parking rate be set at $.35,
the Dryden Road ramp hourly rate be set at $.70, monthly parking
permits be increased an average of 15%.
Ayes (2) - Efroymson, Sams
Nays (8) - Booth, Gray, Hanna, Johnson, Thorpe, Shenk,
Schroeder, Mackesey
Motion Failed
Budget Adjustment - Community Service Officer - Building
Department
By Alderperson Efroymson: Seconded by Alderperson Hanna
RESOLVED, That the position of Community Service Officer in the
Building Department be raised to 35 hours per week, to be funded
according to Building Commissioner Eckstrom's memorandum dated
December 6, 1995.
Deputy Building Commissioner Radke spoke to Council regarding the
Building Department's goals regarding affirmative action hiring,
and extensive discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (6) - Efroymson, Hanna, Sams, Gray, Shenk, Schroeder
Nays (4) - Macksey, Booth, Johnson, Thorpe
Carried
ADOPTION OF THE 1996 BUDGET AS AMENDED:
A vote on the Mayor's proposed 1996 City Budget, as amended,
resulted as follows:
Carried Unanimously
* 19.3 Adoption of 1996 Tax Rate
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the 1996 City of Ithaca Budget was approved, adopted and
confirmed in the total amount of $35,393,619 on December 6, 1995,
in accordance with a detailed Budget on file in the Office of the
City Controller, and
WHEREAS, available and estimated revenues total $28,080,192
leaving $7,313,427 as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 1996, certified and filed by the
Assessment Department of Tompkins County, has been footed and
approved and shows the total net taxable valuation as
$844,214,073, and
WHEREAS, under Charter provisions, the tax limit for City
purposes amount to $20,280,545 for 1996; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal
year 1996, be, and the same hereby is, established and fixed at
8.663 per $1,000 of taxable valuation as shown, certified and
extended against the respective properties on the 1996 Tax Roll,
thereby making a total tax levy, as near as may be, of $7,313,427
and be it further
RESOLVED, That the amount of said tax levy be spread, and the
same hereby is levied upon and against the respective properties
as shown on said City Tax Roll, in accordance with their
respective net taxable valuation, at the rate of 8.663 per $1,000
of such taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed
to extend and apportion the City Tax as above, and that upon the
completion of the extension of said Roll, the City Clerk shall
prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized
and directed to sign and affix the corporate seal to such warrant
and forthwith to file the same with said Tax Roll with the City
Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and
Tax Roll with the City Chamberlain, the amounts of the City Tax
set opposite each and every property shall hereby become liens,
due, payable and collectible in accordance with provisions of the
City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $35,393,619 be appropriated in
accordance with the Budget adopted, to the respective Boards,
Offices and Departments of the City, for the purposes
respectively set forth therein. The 1996 Assessment Roll has
been completed and approved by the Assessment Department of
Tompkins County and resulted in the following valuation:
Total Value of Real Property $2,029,136,886
Less: Value of Exempt Property $1,205,517,774
Sub-total $823,619,112
Plus: Value of Special Franchises $20,594,961
Net Value of Taxable Property $844,214,073
Carried Unanimously
INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE:
* 15.1 Internet Contract with Tompkins County
By Alderperson Efroymson: Seconded by Alderperson Gray
WHEREAS, Tompkins County has established a very favorable
contract for an economical link to the Internet, and
WHEREAS, having a link to the Internet will help meet needs of
City Departments across the City, and
WHEREAS, this link has been part of the Computer Committee's
plan, and
WHEREAS, this link will provide the basis for improved public
access to City information, and
WHEREAS, the funds necessary to secure this contract have already
been included as part of the 1996 computer capital project; now,
therefore, be it
RESOLVED, That the Mayor be authorized to sign a contract with
Tompkins County to provide the City with an Internet connection.
Carried Unanimously
PLANNING COMMITTEE:
* 17.3a An Ordinance Amending Sections 1-1, 325-23, 325-47 and
331-4 of the City of Ithaca Municipal Code, Regarding Exterior
Property Maintenance - Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That Ordinance 95-___ entitled “An Ordinance Amending
Sections 1-1, 325-23, 325-47 and 331-4 of the City of Ithaca
Municipal Code, regarding Exterior Property Maintenance,” 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 in
the Common Council Chambers, City Hall, 108 East Green Street, in
the City of Ithaca, New York, on Wednesday, January 3, 1996, 7:00
p.m., and be it further
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 15
(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.
Carried Unanimously
The Ordinance to be considered is as follows:
ORDINANCE NO. --- 96
An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of
the City of Ithaca Municipal Code, Regarding Exterior Property
Maintenance.
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code is hereby amended
to add to Section 325-23.B. a new Subsection 325-23.B.(2),
entitled "Exterior Property Maintenance," which shall read as
follows:
"(2) Exterior property maintenance.
(a) Declaration of Purpose. The purpose of this subsection is
to provide a minimum standard for the maintenance of the exterior
grounds and visible facades of all properties within the City.
This ordinance is intended to help provide stable and attractive
neighborhoods as well as neat and inviting business and
commercial districts, and to promote public health and safety by
prohibiting certain deficiencies in exterior property maintenance
which create or contribute to unsightly, unhealthy or hazardous
conditions. This ordinance is also intended to impose on property
owners and to a limited extent, tenants and occupants, the
obligation to perform such repair and maintenance of properties
as will prevent deficiencies in exterior property maintenance
from becoming an attractive nuisance to children, trespassers,
insects, vermin and animals.
The adoption and enforcement of this subsection is intended to
serve as a deterrence to substandard exterior property
maintenance and as a tool for protecting property investment, the
tax base, and the health, safety and welfare of all City
residents.
(b) Definitions. For the purposes of this subsection, the
following definitions shall apply:
[1] COMPOSTING MATERIALS shall mean a method of storing
vegetable, leafy or similar organic matter for the purpose of
natural transformation into "compost" in a container or pile of
less than 125 cubic feet that (1) is maintained and operated in a
safe, nuisance-free manner; (2) contains no sewage, sludge or
septage; (3) contains no inorganic materials, such as metal,
plastic or glass; and (4) follows generally accepted methods of
composting that minimize odors and produce a useful end product.
[2] GARBAGE shall mean food wastes, food wrappers,
containers, non-recyclables or other materials resulting from the
use, consumption, and preparation of food or drink, as well as
other expended, used or discarded materials, such as paper,
plastic, metal, rags, or glass, etc., or any other wastes
generated from the day-to-day activities of a household,
business, or public or quasi-public facility. The term garbage
does not include properly prepared and stored recyclable
materials or properly maintained compost areas.
[3] The terms GROUNDS and EXTERIOR PROPERTY shall mean any
area of a building or lot, excluding PORCH AREAS, not enclosed
within the walls of a building. These terms include any public
rights-of-way which pass through or are adjacent to a property,
including the sidewalk and any area between the sidewalk, if
there is one, and the street pavement.
[4] The term PORCH AREA shall include any open and or
partially enclosed porches or decks, as well as any entranceways
or exitways which are in the PUBLIC VIEW.
[5] The term PUBLIC VIEW shall mean areas of any property
that are visible by pedestrian or vehicular traffic in the public
right-of-way or visible from adjoining properties or properties
within 100 feet of the subject property.
[6] The term SOLID WASTE shall include materials or
substances that are discarded or rejected as being spent,
worthless, useless or in excess to the owners at the time of such
discard or rejection, including but not limited to materials or
substances such as garbage, refuse, industrial and commercial
wastes, sludge from air or water treatment facilities, rubbish,
tires, ashes, incinerator residue, construction and demolition
debris, discarded automobiles, discarded household and commercial
appliances, and discarded furniture. An object shall be presumed
to be discarded or rejected solid waste when the object is
stored, placed or left on the grounds or exterior of the property
in the view of neighbors or passersby under circumstances which
meet any of the following criteria:
[a] The object produces an offensive smell;
[b] The object is of a type designed for interior use or made
of materials which are only suitable for interior use and
the object is left outside and exposed to precipitation;
[c] The object has reached a degree of dilapidation that
renders the material unsuitable for or incapable of being
used for its original intended purpose or some other
reasonable purpose;
[d] The object is left, placed or stored in a manner which
appears likely to cause injuries.
(c) Standards for Grounds and Exterior Property. It shall be
the duty and responsibility of all owners of property in the City
of Ithaca to ensure:
[1] That all grounds and exterior property are kept clean and
free of solid waste.
[2] That all garbage, when placed outside, is stored and
completely contained in durable, nonabsorbent, water-tight
containers having a tight-fitting lid in place. Strong, water-
proof liners of a material including plastic, may be used inside
such containers for the accumulation of garbage, and may be
removed, securely tied and placed at the curbside for collection
on the evening before scheduled collections or may be taken to an
approved refuse disposal site. Plastic bags are not considered
durable containers unless they are being used to store yard
wastes, such as leaves and grass. Composting materials, so long
as they are maintained as defined by this section, shall not be
considered garbage.
[3] That solid waste, other than garbage stored in proper
containers as described above, is not stored in the public view,
except that construction and demolition debris related to an
ongoing construction project with a valid building permit may not
be stored in the public view for more than thirty days.
[4] That unlicensed motor vehicles in an obviously inoperable
condition are not stored in the public view. A motor vehicle is
presumed to be inoperable if it is missing doors, wheels,
windows, an engine or similar significant parts or when it has
suffered severe structural damage.
[5] That grass, weeds or other vegetation on grounds and
exterior property, except for trees, bushes and vegetation
planted, maintained or kept for some ornamental or other useful
purpose, are maintained at a height of less than 9".
[6] That the area along public rights-of-way adjacent to or
encompassed by the property, including but not limited to the
area between the front property line and the curb or street
pavement, is maintained in a reasonably clean and sanitary
condition free of garbage and/or solid waste, with any grass,
weeds and brush in said area cut or trimmed in compliance with
Section 325-23.B.(2)(c)[5] above. Premises situated at street
intersections or on curved streets shall be kept in such a
condition as to give a clear and unobstructed view of the
intersection or curve.
[7] That trees and shrubs are pruned in a manner that will
not obstruct the passage of pedestrians on sidewalks.
[8] That fences and walls are maintained in a safe and
structurally sound condition.
[9] That steps, walks, driveways, parking spaces and other
similar paved areas are maintained so as to afford safe passage
under normal use and weather conditions.
[10] That sidewalks are kept substantially clear of snow, ice
and other obstructions, including but not limited to free flowing
water from drains, ditches, and/or downspouts located on the
property. All sidewalks, ramps and curb cuts shall be cleared of
such obstructions within twenty four (24) hours of when the
obstruction initially occurs. For properties that abut the
intersection of two (2) streets, the sidewalks that must be kept
substantially clear of snow, ice and other obstructions shall
include that portion of the sidewalk which runs to the curbline
of any street and shall include any access ramps therein. (See
Section 285-5.)
(d) Standards for Porch Areas. It shall be the duty and
responsibility of all owners of property in the City of Ithaca to
ensure:
[1] That porch areas are kept clean and free of garbage,
unless stored in proper containers as described below, and of
construction and demolition debris located on porch areas for
longer than thirty (30) days; and discarded or rejected household
appliances or commercial appliances. Such appliances on porch
areas shall be presumed to be discarded or rejected when they are
stored, placed or left on a porch area in the public view under
circumstances which meet any of the following criteria:
[i] The appliance is designed for interior use or made of
materials which are only suitable for interior use and the
appliance is left on a porch area in a manner which exposes the appl
[ii] The appliance has reached a degree of dilapidation that renders
[iii] The appliance is left, stored or placed in a manner which ap
[iv] The appliance is left, stored or placed on a porch area for long
[2] That garbage when placed on porch areas, is stored and
completely contained in durable, nonabsorbent, water-tight
containers having a tight-fitting lid in place. Strong, water-
proof liners may be used inside such containers for the
accumulation of garbage, and may be removed, securely tied and
placed at the curbside for collection on the evening before
scheduled collections or may be taken to an approved refuse
disposal site. Plastic bags are not considered durable
containers.
(e) Responsibilities of agents and/or tenants or occupants.
[1] The responsibilities outlined in Section 325-23.B.(2)(c)
may be delegated to an agent by the property owner, so long as at
the time of any violation of this ordinance, an agency agreement
is on file in the City Building Department which contains the
following information: the identity of the owner and the agent,
the owner's and agent's addresses and current phone numbers, the
property or properties the agent is accepting responsibility for,
the beginning and ending date of the agreement, the exact
sections of this Code assigned to the agent, and the signatures
of both the property owner and agent. The agent must be a
resident of or maintain an office for the transaction of business
in Tompkins County. Post office boxes will not be accepted as
addresses for agents.
[2] The tenant(s) or occupant(s) of a property may be held
responsible for adherence to the listed exterior property
maintenance standards, and charged with a violation of such
standards, providing that a copy of the agreement or lease
between the property owner or rental agent and the tenant(s) is
provided to the City Building Department and the lease or
agreement includes an explicit agreement by the tenant(s) that
the tenant(s) will perform clearly-listed types of property
maintenance. The lease or agreement must identify the standards
for which the tenant(s) has/have agreed to assume responsibility.
The beginning and ending date of the agreement must be stated, as
well as the tenant's or tenants' name(s) and address(es) and
phone numbers, if any, and the agreement must be signed by the
tenant(s) and property owner. Provided that all of the above
criteria have been met, and the tenant(s) are within the
jurisdiction of the Ithaca City Court, the Building Commissioner
may thereafter charge any tenant or occupant for violations of
the standards outlined in Section 325-23.B.(2)(c) or (d) which
occurred during the tenant's or tenants' possession or occupancy
of the property."
Section 2. Current Municipal Code Section 325-23.B.(2) and
Section 325-23.B.(3) shall be renumbered respectively as Section
325-23.B.(3) and Section 325-23.B.(4), and the first sentence of
the newly renumbered Section 325-23.B.(3) shall be amended to
read as follows, without changes to the subsequent sentences:
"In any case in which the City intends to correct a violation of
Sections 325-23.B(1) or 325-23.B.(2) and then bill the property
owner for the correction of the violation, the Building
Commissioner or his/her designee shall notify the owner of the
property, and, where relevant, the registered agent or tenant who
has assumed responsibility as outlined in Section 325-23.B (2)(e)
of this Code, in writing, of any violation of this section."
Section 3. The following language shall be added to the end of
Municipal Code Section 325-47, entitled "Penalties for offenses":
"C. Violations of Section 325-23.B.(2) shall be punishable in
accordance with Section 1-1 of this Code."
Section 4. Current Municipal Code Section 1-1.B. shall be
amended to read as follows:
"B. Notwithstanding the penalty provisions of the preceding
subsection or other penalties specified in subsequent sections of
this Code, the penalties for violation of the Code sections
listed below shall be: not more than forty dollars ($40) nor less
than twenty dollars ($20) for a first offense at the same
property; not more than sixty dollars ($60) nor less than thirty
dollars ($30) for a second offense at the same property; and not
more than one hundred dollars ($100) nor less than fifty dollars
($50) for a third offense at the same property, if a conviction
for such offense occurs within the same twelve-month period.
Each day on which the condition exists may be charged and shall
be considered as a separate offense.
CODE SECTION
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36.C. (Accessory structures)
210-38 (Garbage and refuse)
272-4.D. (Mobile signs)
272-4.E. (Banners and pennants)
285-5 (Sidewalks)
325-20.A.(5) (Front yard parking)
325-23.B.(1) (Yard maintenance)
325-23.B.(2) (Exterior property maintenance)"
Section 5. Current Municipal Code Section 331-4 shall be amended
to read as follows:
"Section 331-4 Prohibited actions. No person shall throw, cast,
drop, put or place, or having accidentally dropped, fail to pick
up, any bag, bottle, bottle cap, box, container, garbage, paper,
piece of paper, wrapper or any other trash or litter in or upon
any public or private park or outdoor place, except in
receptacles provided for such purposes."
Section 6. Effective Date.
This ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter, but shall expire on February 6, 1997.
Extensive discussion followed on the floor regarding several
sections of the proposed ordinance.
Amending Resolution
By Alderperson Schroeder: Seconded by Alderperson Mackesey
RESOLVED, That (d)[1] shall read as follows: "Porch areas are
kept clean and free of garbage unless stored in proper containers
as described below; and construction and demolition debris
located on porch areas for longer than thirty (30) days.", and
that subsections (d)[i], [ii], [iii], [iv] be deleted.
Carried Unanimously
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the following wording be added to the end of
Section (e)[2]: "Notwithstanding any decision holding a tenant
liable under this subdivision, a landlord may still be held
liable."
Carried Unanimously
* 17.3b Declaration of Lead Agency Status for Environmental
Review
By Alderperson Schroeder: Seconded by Alderperson Johnson
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 1-1, 325-23, 325-47
and 331-4 of the City of Ithaca Municipal Code 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 amendments to the City Code.
Carried Unanimously
NEW BUSINESS:
Compensation Agreement with Tompkins County Regarding the Solid
Waste and Recycling Facility
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Mayor be authorized to execute the
Compensation Agreement with Tompkins County regarding the County
Solid Waste and Recycling Facility.
City Attorney Guttman explained the background of the agreement.
Motion to Refer to Committee
By Alderperson Booth: Seconded by Alderperson Mackesey
RESOLVED, That the Compensation Agreement with Tompkins County
regarding the Solid Waste and Recycling Facility be referred to
the Budget & Administration Committee for further discussion.
Carried Unanimously
PLANNING COMMITTEE:
* 17.4 Geographic Information System Agreement
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, the City of Ithaca has, by previous resolution, entered
into an agreement with the County of Tompkins, the Town of
Ithaca, Cornell University and New York State Electric and Gas to
develop a photogrammetric map which has formed the basis of a
geographic information system for the area, and
WHEREAS, the first interim agreement expires at the end of 1995,
and
WHEREAS, it is in the interest of all parties to control the use
of the data by means of an agreement such as the original interim
agreement, and
WHEREAS, representatives from the City of Ithaca, the County of
Tompkins, the Town of Ithaca, the Town of Dryden, Cornell
University and New York State Electric and Gas have jointly
developed a Second Interim License Agreement; now, therefore, be
it
RESOLVED, That the Mayor is hereby authorized and directed to
sign the Second Interim License Agreement upon the advice of the
City Attorney and the Director of Planning and Development.
Carried Unanimously
* 17.5 Application for Transportation Enhancement Program Grants
By Alderperson Schroeder: Seconded by Alderperson
WHEREAS, the City of Ithaca wishes to improve conditions for
walking and bicycling within the City, and
WHEREAS, assistance in funding such improvements is offered
through the Transportation Enhancement Program of the Intermodal
Surface Transportation Efficiency Act, as grants to be matched by
the sponsor with at least twenty percent (20%) of estimated
project costs, and
WHEREAS, seven potentially eligible enhancement projects have
been identified, for which pre-applications are proposed to be
submitted by December 11, 1995, as follow:
_ Cayuga Inlet Bike/Pedestrian Bridge and Pathway, extending and
connecting the trail in Cass Park from the Octopus south along
the flood channel, crossing the channel on a new bridge in the
vicinity of West Clinton Street.
Estimated project cost $200,000 City share $40,000
_ Old Inlet Trail, a bike/pedestrian facility that will be an
important link in the access system between West Hill and Stewart
Park, serving important destinations such as the Farmers' Market.
Estimated project cost $405,000 City share $81,000
_ Elmira Road Bicycle and Pedestrian Access Improvements (300
and 400 blocks), serving the pedestrian and bicycle users of this
extensive, important commercial area.
Estimated project cost $420,000 City share $84,000
_ Circle Greenway Handicapped Access Improvements, providing
access to the Mulholland Wildflower Preserve and the adjoining
natural area in the City’s lower watershed at Van Natta’s Dam.
Estimated project cost $10,000 City share $2,000
_ Farmer’s Market Branch Path, upgrading the deficient path and
footbridge connecting the Stewart Park bike route and the Fall
Creek neighborhood to the market.
Estimated project cost $24,000 City share $4,800
_ Steamboat Landing Bicycle/Pedestrian Access System, a major
component in a network of routes connecting residential
neighborhoods, major recreational facilities, commercial areas
throughout the northern and western parts of the city.
Estimated project cost $428,000 City share $85,600
_ Buttermilk Gateway Trail, a critical bicycle/pedestrian
connector between two proposed major trails, the Black Diamond
Regional Trail and the Brewery Hill Trail. This facility will
connect from Buttermilk Falls State Park to Cayuga Inlet via the
abandoned
DL&W RR grade, crossing Route 13 on a new bridge framing this major
gateway entrance between city and town. In addition, a trail
section approximately 4,750 feet long will be built along the RR
ROW from the new bridge to Stone Quarry Road. This project will
be con-sponsored with the Town of Ithaca, which will split the
local share of the cost.
Estimated project cost $320,000 City share $32,000
Town share $32,000
Now, therefore, be it
RESOLVED, That Common Council authorizes submission of said
applications, to be signed by the Mayor as Sponsor, and be it
further
RESOLVED, That funding for the total of the full project costs of all
seven projects shall be provided by the City for reimbursement in
accordance with the provisions of ISTEA and the Transportation
Enhancement Program.
Discussion followed on the floor regarding project costs being
provided by the City. Planning and Development Director Van Cort
explained that to eligible for this grant the City must allocate
money, complete the job, and then request reimbursement from the
Transportation Enhancement Program.
City Attorney Guttman stated, for the record, that this is not a
contract which binds future Councils as it is a contract where
there is consideration on both sides.
A vote on the resolution resulted as follows:
Carried Unanimously
* 19.4 Finance/Chamberlain - Request to Approve Tax Sale Redemption
Extension
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the property owner at 302 Hancock Street has requested an
extension of time for property redemption from the 1992 City Tax
Sale for the property at 302 Hancock Street, and
WHEREAS, the Budget and Administration Committee has reviewed the
request and recommends approval of the extension; now, therefore,
be it
RESOLVED, That the existing owner be permitted to redeem the property
at 302 Hancock Street, up to January 22, 1996, for the total lien
amount outstanding, plus additional interest, penalty and related
costs through the date of the redemption.
Carried Unanimously
* 19.5 Finance/Chamberlain - Request Deletion of Exempt Property from
1995 City Tax Roll
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the following properties were acquired by New York State in
late 1994 for the Octopus project:
701 W. Buffalo Street 59.-8-1
700 Cascadilla Street 43.-2-9.1
723 Cascadilla Street 52.-3-.52
738 Cascadilla Street 43.-2-7.2
Hancock Street 43.-2-9.2
610 N. Meadow Street 43.-2-8
799 W. Seneca Street 73.-5-2.2
802-04 W. Seneca Street 58.-5-1
700 W. State Street 72.-1-1.2
800-04 W. State Street 73.-5-3
and
WHEREAS, Section 404 of the Real Property Tax Law provides for tax
exempt status on the date of acquisition for property required
for highway purposes; now, therefore, be it
RESOLVED, That the City Chamberlain is authorized and directed to make
the appropriate changes to the tax rolls.
Carried Unanimously
* 19.6 DPW - Request to Amend Capital Project #403J IAWWTP Capacity
Upgrade Project
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, by vote of Common Council at its April 5, 1995 and September
6, 1995 Common Council meetings, the City's share of funding for
increasing the IAWWTP treatment capacity and selection of Stearns
and Wheler for the related engineering services was approved in
the amount of $54,800, and
WHEREAS, the Special Joint Sewer Committee, at its regular meeting on
October 17, 1995, voted unanimously to recommend to the Board of
Public Works and to Common Council Amendment No. 2 to the
contract for additional services as follows:
1. Assist owner in completing dye testing and stress testing
as required by the NYSDEC. Anticipated cost $6,300.
2. Provide an Engineer's Representative on-site for one (1)
day during required bypassing of the wastewater
treatment plant associated with installation of a new
raw wastewater pump. Anticipated cost $700.
3. Prepare a set of reproducible record prints of drawings
showing those changes made during the construction
process. Anticipated cost $2,800; now, therefore, be
it
RESOLVED, That Capital Project #403J IAWWTP Capacity Upgrade
Project be amended by an amount not to exceed $9,800, giving a
total project cost of $64,600, for purposes of funding said
additional engineering services, and be it further
RESOLVED, That funds for said amendment shall be derived from the
IAWWTP Capital Reserve J-1 and allocated among the City of
Ithaca, Town of Ithaca, and the Town of Dryden as per the
existing capital cost allocation agreement.
Carried Unanimously
19.7 Request to Approve Ithaca Housing Authority Salaries
By Alderperson Booth: Seconded by Alderperson Mackesey
WHEREAS, the Ithaca Housing Authority is mandated by the
Department of Housing and Urban Development to demonstrate that
the salaries and wages of the employees of said Housing Authority
are comparable with the practices of the local governing body for
all positions of similar responsibility and require competence;
and
WHEREAS, the IHA will be negotiating a Contract with the IHAMEU
Local 2300 UAW for maintenance employees, and
WHEREAS, the City of Ithaca authorized cost of living increases
for 1995, including step increases for qualified employees, and
WHEREAS, the Ithaca Housing Authority authorized an increase not
to exceed 5.5% for all qualified employees to bring the IHA
employees closer to parity, and comparability with City of Ithaca
employees, and
WHEREAS, the IHA has established the following positions,
comparability and salary ranges for its Public Housing Section 8
employees and is covered by its Operating Budget:
Position Comparable Position Salary
Executive Director Director of Planning & $40,250
(Oper.)
Development/Controller 2,750 (Sec.8)
Salary $43,000
Family Self- Supervisor of Caseworkers
Sufficiency Tompkins County DSS
Coordinator Salary $28,088
Principal Account City of Ithaca CSEA
Clerk/Fiscal Officer Salary $37,277
Administrative City of Ithaca CSEA
Secretary (35 hours week) Salary $28,133
Tenant Relations Administrative
Assistant Assistant Salary $24,905
Tenant Relations Administrative
Assistant Assistant Salary $16,538
Sr. Account Clerk- City of Ithaca CSEA
Typist Salary $21,231
Position Comparable Position Salary
Principal Account City of Ithaca CSEA
Clerk Salary $25,200 (Sec. 8)
Resident Initiatives Recreation Supervisor
Coordinator CSEA Salary $30,816
CIAP Program Assistant Civil Engineer
Coordinator (35 hours week) Salary $35,000
Maintenance Supervisor Ithaca City School District
Salary $35,298
Storekeeper City of Ithaca CSEA
Salary $20,436
Building Maintenance Maintainer CSEA
Mechanic Salary $28,064
Building Maintenance Maintainer CSEA
Mechanic Salary $28,064
Maintenance Worker City of Ithaca CSEA
Salary $22,932
Maintenance Worker City of Ithaca CSEA
Salary $20,137
Maintenance Worker City of Ithaca CSEA
Salary $20,137
Maintenance Worker City of Ithaca CSEA
Salary $20,137
Laborer City of Ithaca CSEA
Salary $20,552
Laborer City of Ithaca CSEA
Salary $16,752
SECTION 8 / VOUCHER
Position Comparable Position Salary
Section 8 Administrator Planner II - CSEA
(Sec. 8) Salary $24,150
Account Clerk/Typist City of Ithaca CSEA
(Sec. 8) Salary $18,145
Tenant Relations City of Ithaca CSEA
Assistant Salary $22,350
(Sec. 8)
Tenant Relations City of Ithaca CSEA
Assistant Salary $17,235
(Sec. 8)
Typist City of Ithaca CSEA
(Sec. 8) Salary $15,055
now, therefore, be it
RESOLVED, That pursuant to its responsibilities under Section 3,
Article 32(1) of the New York State Housing Law the Common
Council agrees that the salaries and wages of the employees of
the IHA are comparable to those paid by the City for all
positions of similar responsibility and required competence.
Carried Unanimously
19.8 Request to Approve 1994 Annual Financial Report
By Alderperson Booth: Seconded by Alderperson
RESOLVED, That the 1994 Annual Financial Report prepared by the
Finance Department be approved as presented.
Carried Unanimously
EXECUTIVE SESSION:
On a motion by Alderperson Booth and Seconded by Alderperson
Johnson Council adjourned into Executive Session at 12:20 a.m. to
discuss personnel items, and the possible acquisition of land.
Alderperson Shenk left the meeting at 12:20 a.m. and was not
present for the Executive Session discussions.
REGULAR SESSION:
On a motion Council reconvened into Regular Session at 12:45 a.m.
and considered the following Resolutions:
19.5 DPW - Personnel Item
By Alderperson Mackesey: Seconded by Alderperson Johnson
RESOLVED, That Raymond Benjamin be appointed to the position of
Supervisor of Streets at a 1995 annual salary of $35,600, that
being Grade 2 of the City Executive Association, effective
December 11, 1995.
Carried Unanimously
(Alderperson Shenk Absent)
19.9 City Attorney - Request to Purchase Land
By Alderperson Schroeder: Seconded by Alderperson Johnson
WHEREAS, the City is interested in protecting the lands
surrounding its watershed and has previously established a
capital reserve for the acquisition of these lands; now,
therefore, be it
RESOLVED, That the Mayor is authorized to enter into the annexed
contract dated December 6, 1995 to purchase a parcel of land
situated in the Town of Ithaca, County of Tompkins and State of
New York from Ruth L. Walker and Richard L. Walker, which
premises are more particularly described in the contract, for a
price of $1,500. per acre; now, therefore, be it
RESOLVED, That the funds for this purchase are to be derived from
Capital Reserve Number 26 for watershed land acquisition.
Ayes (8) Mackesey, Sams, Johnson, Booth, Hanna,
Schroeder, Gray, Thorpe
Nays (1) Efroymson
Carried
(Alderperson Shenk Absent)
19.10 City Attorney - Request Approval for Sale of Land
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the state of New York in connection with the Meadow
Street Arterial project has, pursuant to Section 30 of the
Highway Law and the Eminent Domain Procedure Law, appropriated
certain parcels of land owned by the City of Ithaca including
parcel 93 on Map 70, Parcels 47-52, 70, 78-80, 84 and 85 on map
39 and parcel 77 and 81 on map 60 of the said Meadow Street
Arterial project, and
WHEREAS, the State of New York, has appraised the real estate
interest it is appropriating and has made to the City an offer in
the amount of $250,000.00 for said real estate interests, which
offer is more particularly set forth in the agreements for
advanced payment, and
WHEREAS, this Council has considered the value of the property
which is being appropriated by the State of New York, and
WHEREAS, this Council has concluded that the offer made by the
State of New York is equal to the full value of this property;
now, therefore, be it
RESOLVED, The Mayor, subject to the advice of the City Attorney
is authorized to sign the agreements for advanced payment and
such other documents as may be necessary to effectuate the
transfer of these properties to the State of New York and secure
to the City of Ithaca for compensation for these properties.
Carried Unanimously
(Alderperson Shenk Absent)
19.11 Establishment of Salary Ranges for the City Attorney and
City Prosecutor Positions
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the positions of City Attorney and City Prosecutor
be assigned to the City of Ithaca Management Compensation Plan at
the 1995 salary range for the City Attorney of $41,538 to
$61,486, and the 1995 salary range for the City Prosecutor of
$38,731 to $57,331.
Carried Unanimously
(Alderperson Shenk Absent)
ADJOURNMENT:
On a motion the meeting adjourned at 12:50 a.m.
Julie Conley Holcomb Alan J. Cohen
City Clerk Mayor*
* (Mayor-elect on 12/6/95
Mayor on date of signature
2/23/96 - present at meeting