HomeMy WebLinkAboutMN-CC-1996-04-08 27
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7 : 00 P.M. April 8, 1996
PRESENT:
Mayor Cohen
Alderpersons (9) - Blumenthal, Marcham, Johnson, Gray, Thorpe,
Sams, Hanna, Efroymson, Mackesey
EXCUSED:
Alderperson Shenk
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Deputy Planning and Development Director - Sieverding
Deputy Building Commissioner - Radke
Superintendent of Public Works - Gray
Police Captain - Haus
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
MINUTES :
Approval of the Minutes of the February 7, 1996 Common Council
Meeting
By Alderperson Blumenthal : Seconded by Alderperson Marcham
RESOLVED, That the Minutes of the February 7, 1996 Common Council
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the February 14, 1996 Common Council
Meeting
By Alderperson Thorpe : Seconded by Alderperson Hanna
RESOLVED, That the Minutes of the February 14, 1996 Common Council
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the February 28, 1996 Common Council
Meeting
By Alderperson Gray: Seconded by Alderperson Mackesey
RESOLVED, That the Minutes of the February 28, 1996 Common Council
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the March 6, 1996 Common Council Meeting
Approval of the Minutes of the March 6 , 1996 Common Council meeting
was postponed.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Youth Award
Alderperson Thorpe requested that the Youth Award be postponed
until the May Common Council meeting as the youth to be honored is
out of town.
No Council member objected.
Budget and Administration Committee
Alderperson Marcham requested the addition of Item 17 . 5 -
Appointment of Interim Personnel Administrator - Resolution.
No Council member objected.
1
28
April 8 , 1996
New Business
Alderperson Efroymson requested that Item 19 . 1, Restoration of CDBG
Funds - Resolution, and Item 19 . 3 , Temporary Suspension of
Prohibition of Portable Signs Within or Abutting the Route 96
Project Area - Resolution, be deleted from the agenda.
No Council member objected.
MAYOR' S APPOINTMENTS: pow
Affirmative Action Advisory Council
Mayor Cohen requested Council approval for the appointment of
Patricia Lengermann, 613 Utica Street, to the Affirmative Action
Advisory Council with a term to expire December 31, 1997 .
Resolution
By Alderperson Mackesey: Seconded by Alderperson Thorpe
RESOLVED, That this Council approves the appointment of Patricia
Lengermann to the Affirmative Action Advisory Council with a term
to expire December 31, 1997 .
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
City Lands/State Parks
Ms . Doria Higgins, 2 Hillcrest Drive, representing Citizens to Save
Our Parks, spoke to Council regarding restitution to the City for
land that has been annexed by State Parks for the Allan H. Treman
State Marine Park.
Drug Problems
Mr. Jim Hardesty, 309 Second Street, spoke to Council about the
drug, violence, and weapons problem the Second Ward is facing.
He emphasized the need for Council to work with the community to
find solutions to these problems .
Ms . Gloria Balluffi, 312 Second Street, addressed Council to stress
the need for additional drug investigators .
Ms . Barbara Balluffi, 312 Second Street, spoke to Council regarding
the drug activity in the City and offered possible solutions,
including eviction of residents from crack houses .
Route 96 Construction Project
Mr. Guy Gerard, 209 Giles Street, addressed Council to recommend
enhancing public awareness by mailing notices to residents of areas
that are scheduled to be affected by major construction projects
such as the Route 96 project . He noted that these mailings should
be in addition to the public hearings currently being held.
Stewart Park Clean-up Day
Mr. Dale Flinn, 847 Ridge Road, Lansing, addressed Council to
suggest that a "Stewart Park Family Fun Clean-up Day" be arranged
to clean up Stewart Park after the winter/spring storms . His idea
included combining the use of City personnel and equipment with
community members to reduce the amount of money that the City would
have to expend, and to avoid the need for FEMA money.
West End Breakfast Club
Mr. Joe Cassaniti handed out fliers in regarding to the West End
Breakfast Club, which meets the second Tuesday of each month at the
VFW on West State Street . He extended invitations to all present .
West Buffalo Street Parking
Ms . Cynthia Yahn, 610 West Buffalo Street, representing the
residents of West Buffalo Street, spoke to Council about the
desperate need for a parking area in the West Buffalo Street area
during the Route 96 construction project .
2
29
April 8 , 1996
Child Abuse Prevention Month
Ms . Sonia Bouvier, Educator with the Child Sexual Abuse Project,
thanked Council for the proclamation naming April as Child Abuse
Prevention month. She noted the activities that are scheduled in
the City for the month of April .
REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES•
Board of Public Works
Commissioner Reeves reported to Council on the following matters :
The Board approved an increase to the Golf Course rates .
The Board approved the increase in the engineering contract for the
plant capacity upgrade at the Wastewater Treatment Facility.
The Board passed a Resolution to participate in cooperative
purchasing of highway services with Tompkins County.
The Hangar Theater has a provision in their lease that any and all
capital improvements must be approved by the Board of Public Works .
The Board approved a request for an upgrade of equipment, fixtures,
and fire protection systems . They will also be increasing the
backstage area of the theater which will require an addition to the
back of the building, approximately 18' x 281 .
The Board has discussed Stewart Park clean-up solutions at length.
There have been several requests from community groups to assist
with the clean-up. Further discussions are planned regarding the
City' s legal liability for volunteer crews .
The Board is discussing public notification issues .
COMMUNICATIONS FROM THE MAYOR:
Eric Lerner Recognition
Mayor Cohen read the following proclamation into the record:
WHEREAS, Eric Lerner was elected to the office of City of Ithaca
Second Ward Representative to the Tompkins County Board of
Representatives on January 1, 1990, and
WHEREAS, he has faithfully performed his duty as a City
Representative, giving tirelessly of himself and his time to his
community, and
WHEREAS, during his tenure on the Board of Representatives he has
made worthwhile and significant contributions which have enhanced
the quality of life we enjoy as citizens of the City of Ithaca, and
WHEREAS, it is deemed appropriate to show gratitude for the
dedicated services of Eric Lerner, on behalf of Common Council and
the City of Ithaca, I do hereby express our thanks to Eric Lerner
for his service to the City of Ithaca and Tompkins County, and
further wish Eric success in all his future endeavors .
Mr. Lerner accepted the proclamation with appreciation to the Mayor
and Common Council .
Proclamations for April
Mayor Cohen announced proclamations for the following:
April 1 - 7 Student Employment Week
April 2 - 7 Daffodil Festival Week
April 1 - 15 International Weeks
April 29 Taste of the Nation Day
3
u
April 8 , 1996
Letters to the Mayor
Mayor Cohen noted that he received a letter from John Beach, Stop
DWI Coordinator, reported that Ithaca Police Department has just
completed the most successful year of DWI enforcement by any single
agency in the history of Tompkins County. He commended the Police
Department for those efforts .
Ithaca Journal Editorial
Mayor Cohen referred to an editorial in the Ithaca Journal
regarding the lack of snow removal on Easter Sunday. He stated
that City crews were out plowing snow on Easter Sunday, and they two
did an excellent job.
Removal of Graffiti
Mayor Cohen thanked Officers Torres and Slattery for their
community service by cleaning graffiti off the side of a building
on Plain Street while off duty.
REPORT OF THE CITY ATTORNEY:
Sage Hall Litigation
City Attorney Geldenhuys reported that the City received a decision
in the Sage Hall litigation. The Ithaca Landmark Preservation
Committee and Planning Board' s decisions were upheld in approving
the Sage Hall renovation. The Supreme Court dismissed the petition
on the basis that the Heritage Coalition as an organization did not
have standing to bring this kind of litigation. The Heritage
Coalition has appealed the decision, and it will be heard before
the Appellate Division in Albany.
COMMUNITY ISSUES COMMITTEE:
* 15 .1 Resolution Declaring April 1996 Child Abuse Prevention
Month in the City of Ithaca
By Alderperson Sams : Seconded by Alderperson Johnson
WHEREAS, Common Council has previously declared April Child Abuse
Prevention Month in the City of Ithaca, and
WHEREAS, this follows both state and national commitments made to
declare each April Child Abuse Prevention Month, and
WHEREAS, over the past two years this Resolution by the City of
Ithaca proved to be of great support for local volunteer efforts,
and
WHEREAS, those efforts resulted in more than one thousand
volunteers wearing blue ribbons to raise public awareness, and over
1, 000 promises to be supportive of families were made, and
WHEREAS, the Child Sexual Abuse Project and the prevention office
of the County Department of Social Services have joined in efforts
this year to promote the 10, 000 Promises and the Blue Ribbon
Campaign during April, and
WHEREAS, the Child Sexual Abuse Project and others in this
community are members of the National Committee to Prevent Child
Abuse - New York State, and
WHEREAS, that National Committee is convening an important
statewide conference on child abuse prevention, May 9 and 10, in
Tarrytown, New York, and
WHEREAS, for the first time in memory, both the County Board of
Representatives and the City of Ithaca Common Council have decided
in the same year to make a declaration for Child Abuse Prevention
Month; now, therefore, be it
RESOLVED, That Common Council renews its commitment to positive
community and neighborhood support for parents and hereby declares
4
April 8 , 1996
April 1996 as Ithaca' s Child Abuse Prevention Month, and be it
further
RESOLVED, That the Mayor is directed to issue this Resolution to
the press and to the public, along with any further declaration or
ceremony that would further the purposes of Child Abuse Prevention
and Positive Support for Families in our community.
Carried Unanimously
* 15 .2 Community Issues Committee 1996 Work Plan Items
By Alderperson Sams : Seconded by Alderperson Blumenthal
RESOLVED, That the following is the work plan for the Community
Issues Committee for 1996 :
* Domestic Violence Issues
- Statistical analysis of City Court cases
- Discussion with City Prosecutor
- Community Education in conjunction with Domestic violence
Prevention Month in October
- Elderly violence and neglect
* State of the Ithaca Child: Statistical report from County Youth
Bureau due in April
* Setting Community Standards: Discussion of material provided by
Frank Barry of Cornell' s Family Life Development Center, and
the ICSD' s outcome-based educational objectives
* Review of City-funded community service agencies:
- Community Services Grants
- Southside Community Center
- Ithaca Youth Bureau
- Greater Ithaca Activities Center
- Human Services Coalition
- Labor Council
* Recreation Partnership: Review of planning for after the Youth
Bureau' s two-year pilot program ends in 1996
* Dog Leash Law: Recommendation from the Disability Advisory
Council
* Multi-Cultural Resources Center: Resolution
* Domestic Partners: Proposal on certificates, privileges,
ceremony
* Use of City Letterhead: Resolution
* Bias-related Crime: Re-visit last year' s Council resolution
* Speak-outs or hearings on specific issues to be defined
* Coordinating efforts with Ithaca City School District
* Drug House Issues: Root causes
Discussion followed on the floor regarding prioritization of
issues .
A vote on the resolution resulted as follows :
Carried Unanimously
5
April 8 , 1996
LAW AND GOVERNANCE COMMITTEE:
* 16. 1 An Ordinance Amending Section 320-4 of Chapter 320 Entitled
"Watershed" of the City of Ithaca Municipal Code
By Alderperson Efroymson: Seconded by Alderperson Johnson
ORDINANCE NO. 96-
An Ordinance Amending Section 320-4 of Chapter 320 Entitled
"Watershed" of the City of Ithaca Municipal Code
WHEREAS, the Board of Public Works has received a request from the
Six Mile Creek Advisory Committee to allow exceptions to Section
320-4 of the City of Ithaca Municipal Code, and
WHEREAS, the intent of the exception is to allow the City of
Ithaca' s Youth Bureau' s Outing Program to rock and ice climb in the
Six Mile Creek Natural Area, and
WHEREAS, the Board of Public Works upheld its Resolution passed on
October 10, 1984 prohibiting rock and ice climbing except under the
direct supervision of the Ithaca Youth Bureau; now, therefore
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, Section 320-4 of
Chapter 320 Entitled "Watershed" is hereby amended to read as
follows :
Section 320-4 . Prohibited Activities
The City hereby prohibits the following activities throughout
the gorge area:
A. Swimming.
B. Boating.
C. Ice skating.
D. Camping.
E . Littering.
F. Amplified sound.
G. Wood cutting.
H. Trapping.
I . Rock climbing and rappelling.
J. Hunting and shooting.
K. Motorized vehicle and bicycle riding.
L. Plant digging.
M. Flower picking.
N. Consumption of alcoholic beverages .
O. Fires of any kind.
P. Skiing.
The Board of Public Works is authorized to grant specific,
revocable exceptions to any of the above prohibitions, upon
consultation with the Six Mile Creek Advisory Committee and a find
of special circumstances . When granting such an exception, the
Board shall retain the right of the City to impose reasonable
conditions intended to protect public safety, the water supply
system, the natural environment or to control the City' s potential
liability.
Section 2 . Effective Date.
This Ordinance shall effect immediately in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
6
33
April 8 , 1996
BUDGET AND ADMINISTRATION COMMITTEE:
* 17 . 1 Common Council - Request Funds for Drug Task Force Pilot
Streetlighting Project
By Alderperson Marcham: Seconded by Alderperson Efroymson
WHEREAS, the Drug Task Force is recommending that the City enter
into a one year agreement, dated March 18 , 1996, with New York
State Electric & Gas (NYSEG) to provide services for a Pilot
Streetlighting Project in the City to help in the fight against the
City' s drug problem, and
WHEREAS, the pilot project would provide the City with the
following:
free lighting design for each light location
up to six luminares in the City
up to six moves during the agreement
and,
WHEREAS, the cost of the Pilot Streetlighting Project has been
estimated at $1, 800 for one year, including moving of streetlights
six times, installation of streetlights, and cost of electricity
for streetlights; now, therefore, be it
RESOLVED, That the Mayor be hereby authorized to enter into an
agreement with NYSEG to provide services for said Drug Task Force
Pilot Streetlighting Project, and be it further
RESOLVED, That an amount not to exceed $1, 800 be transferred from
Unrestricted Contingency to Account A1490-435 Public Works
Administration Contracts for purposes of said Pilot Streetlighting
Project .
Carried Unanimously
* 17 .2 DPW - Request to Amend IAWWTP Capacity Upgrade Project
By Alderperson Marcham: Seconded by Alderperson Johnson
WHEREAS, by vote of Common Council at its April 5, 1995, September
6 , 1995, and December 6, 1995 Common Council meetings, the funding
for increasing the Ithaca Area Wastewater Treatment Plant (IAWWTP)
treatment capacity and the selection of Stearns and Wheler for the
related engineering services was approved in the amount of $64 , 600 , '
and
WHEREAS, the Special Joint Sewer Committee, at its regular meeting
on March 19, 1996, voted unanimously to establish the total cost of
the IAWWTP Capacity Upgrade Project at $666, 200, including all
related engineering services, and
WHEREAS, the upgrade project will allow the IAWWTP capacity to
increase from 10 MGD to 13 MGD and will improve the plant' s overall
operation as follows :
- Improve retention time for biological solids in the final
clarifiers;
- Reduce the possibility for solids to short circuit
through the final clarifiers;
- Increase influent pumping capacity to handle high flow
concerns with the addition of a fifth pump;
- Create a physical condition to allow pump testing without
activating the raw sewage bypass line to Cascadilla
Creek;
- Increase the plant' s total capacity rating by 3 MGD to a
total of 13 MGD on a 30-day average;
now, therefore, be it
RESOLVED, That Capital Project #4021 be amended by an amount not to
exceed $601, 600, giving a total project cost not to, exceed $666, 200
7
t�
April 8, 1996
for purposes of funding said additional construction and
engineering services, and be it further
RESOLVED, That funds will be derived from the following sources :
Capital Reserve J-1 $ 64, 600
Issuance of serial bonds or current funds 601, 600
$666, 200
and be it further
RESOLVED, That the cost of the project will be allocated among the
owners; the City of Ithaca $380, 700, the Town of Ithaca $272, 300
and the Town of Dryden $13 , 200, as per the existing capital cost
allocation agreement .
Carried Unanimously
*
17 .3 Police - Recruest to Adjust Deputy Police Chief Salary
By Alderperson Marcham: Seconded by Alderperson Johnson
WHEREAS, upon the retirement of Police Chief Harlin McEwen February
19, 1996, Deputy Police Chief David Barnes was appointed to Acting
Police Chief until a permanent Police Chief is appointed; now,
therefore, be it
RESOLVED, That Acting Police Chief David Barnes' annual salary be
increased by ten percent (10%) retroactive to February 19, 1996,
and be it further
RESOLVED, That the adjusted annual salary of $67, 826 be effective
until a permanent Police Chief is appointed.
Carried Unanimously
* 17 .4 Common Council - 1997 Budget Process - Discussion
Alderperson Marcham noted that the Budget & Administration
Committee will discussing the 1997 budget process at the April 17,
1996 meeting.
* 17 . 5 Appointment of Interim Personnel Administrator
By Alderperson Marcham: Seconded by Alderperson Gray
WHEREAS, Personnel Administrator Valerie Saul is scheduled to begin
her maternity leave shortly, and
WHEREAS, it is necessary to continue to fill the position of
Personnel Administrator while Ms . Saul is on leave; now, therefore,
be it
RESOLVED, That Hugh Hurlbut is hereby appointed Interim Personnel
Administrator at an annual salary of $45, 000 (35 hours) , and be it
further
RESOLVED, That Mr. Hurlbut is hereby appointed for the period April
8 , 1996 through October 4 , 1996, and be it further
RESOLVED, That Mr. Hurlbut be and hereby is authorized and directed
to fulfill the responsibilities and exercise the authorities of the
permanent Personnel Administrator as outlined in the City Charter
and civil service job description for the position.
Carried Unanimously
Executive Session Request
Alderperson Marcham requested an executive session at the end of
the meeting to discuss labor negotiations .
No Council member objected.
8
35
April 8 , 1996
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 18 .1 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 Blumenthal : Seconded by Alderperson Efroymson
RESOLVED, That Ordinance 96- 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, May 1, 1996, at 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 fifteen
(15) 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 shall be as follows :
REVISED 3-6-96
REVISED 3-25-96
REVISED 3-27-95
This Ordinance is presented to Common Council on April 8, 1996 for
a Public Hearing on May 1, 1996 :
The Ordinance to be considered shall be as follows :
Proposed Revision of Sections 1-1, 325-23 , 325-47 and 331-4 of the
City of Ithaca Municipal Code
ORDINANCE 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 :
11 (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 neighborhoods and
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 ensure
9
1 C
Jo
April 8, 1996
that property owners or their delegated agents perform such repair
and maintenance of properties as will prevent deficiencies that
could become an attractive nuisance with regard to children,
trespassers or household pets or that may attract insect or animal
pests . [This ordinance is also intended to ensure that property
owners and to a limited extent, tenants and occupants, perform such
repair and maintenance of properties that 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 yard trimmings, vegetable
wastes and other organic matter [saved] managed for the purpose of
natural transformation into "compost" and stored in a container or
compact pile that (1) contains no sewage, sludge or septage; (2)
contains no inorganic materials, such as metal, plastic or glass;
and (3) is maintained in a manner to minimize odors and the
attraction of insect and animal pests .
[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 the exterior around level of 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
motor vehicles [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;
10
37
April 8, 1996
[b] The object is of a type designed for interior use or made of
materials which are suitable only for interior use and the object
is left outside and exposed to precipitation;
[c] The object has reached a degree of dilapidation or disrepair
that can reasonably be presumed to render 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 stored outside is completely contained
in nonabsorbent, water-tight durable containers having a tight-
fitting lid in place Plastic bags are not considered durable
containers. Strong, waterproof plastic bags may be used to place
garbage at the curbside on the evening before scheduled collections
or may be taken to an approved refuse disposal site [when placed
outside, is stored and completely contained in durable,
nonabsorbent, water-tight containers having a tight-fitting lid in
place . Plastic bags are not considered durable containers] .
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 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 not more than thirty (30) days .
Reusable household discards may be placed at curbside on special
"Scavenger" days designated by the De,Qartment of Public Works but
unclaimed discards must be removed by the property owner by the
deadline set by the Department. Residents may lace reusable
materials on the tree lawn for purposes of informal scavenging, not
to be observable for more than two (2) successive days
[4] that, within [all residential zoning districts, unlicensed
motor vehicles are not stored in a front yard in the public view,
unless there is no side or rear yard. Within] all residential
zoning districts no more than one (1) unlicensed motor vehicle may
be stored in the public view in a side or a rear yard. If there is
no side or rear yard, one unlicensed motor vehicle may be stored in
the front yard in compliance with Section 325-20 .
However, this section shall not apply to a motor vehicle which
constitutes "solid waste" as defined in Section 1 (2) (b) [61 above
[5] that grass, weeds or other vegetation on grounds and exterior
Property are maintained so that the height of vegetation is limited
to nine (9) inches, except for trees, bushes and other vegetation
Planted, maintained or kept for some ornamental or other useful
Purpose. Natural woodlands shall be considered an ornamental or
useful purpose. [that grass, weeds or other vegetation on grounds
and exterior property are to be maintained by property owners, with
the height of vegetation limited to nine (9) inches, except for
trees, bushes and vegetation planted, maintained or kept for some
ornamental or other useful purpose . than 911 . This rule shall not
apply to areas that are already wooded or grown with brushwood. ]
[6] that the area along public rights-of-way adjacent to or on the
property, including but not limited to the area between the front
property line or sidewalk 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 . The planting of annuals and perennials in these sidewalk
11
33
April 8, 1996
areas shall be allowed, but the planting of trees or shrubs [, ] in
these [sidewalk] areas shall not be permitted without the approval
of the Superintendent of Public Works . 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, shrubs or other vegetation are pruned such that
they will not obstruct the passage of pedestrians on sidewalks . The
maintenance of city trees, including trees between the sidewalk and Ow
curb, must be left to the Department of Public Works .
[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
except during flooding. 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 . ) The obstruction of sidewalks and access ramps is presumed
to have commenced concurrently with the beginning of any snow or
ice fall or storm.
(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 free of garbage, unless stored and
completely contained in durable, nonabsorbent, water-tight
containers having a tight-fitting lid in place. Plastic bags are
not considered durable containers .
[2] That construction and demolition debris be located on porch
areas for no longer than thirty (30) days .
(e) Responsibilities of agents delegated by property owners [and/or
tenants or occupants] .
[ [1] ] The responsibilities outlined in Section 325-23 .B. (2) (c) may
be delegated to an [registered] 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, along with each party' s date of birth.
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 .
[ [21 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 tenants) will perform
clearly-listed types of property maintenance . The lease or
agreement must identify the standards or sections of the municipal
Code for which the tenant (s) has/have agreed to assume
responsibility. The beginning and ending date of the agreement must
12
39
April 8 , 1996
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 tenants) 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. Notwithstanding any decision holding a tenant liable
under this subdivision, a landlord may still be held liable . "]
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 (i) 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 . "
13
April 8 , 1996
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 May 1, 1997 [March 6, 19971 .
* 18 .2 Inlet Island/Cass Park Conversion - Declaration of No
Sicgnificant Environmental Impact
By Alderperson Blumenthal : Seconded by Alderperson Hanna
WHEREAS, the City of Ithaca is pursuing the Alienation and AWN&
6 (f) Conversion process to remove park status from certain parcels
of land on Inlet Island that were part of the original Cass Park
land acquisition and substitute those parcels with land at Ithaca
Falls, in the Six Mile Creek corridor and along the Flood Control
Channel, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Long Environmental Assessment Form
dated March 15, 1996, and be it further
RESOLVED, That this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and she is, hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk' s Office and forward the same to
any other parties as required by law.
Carried Unanimously
* 18 . 3 Resolution to Authorize the Mailing of Information to
Property Owners
By Alderperson Blumenthal : Seconded by Alderperson Johnson
WHEREAS, recent changes to the municipal code place certain
responsibilities on all property owners in the area of exterior
property maintenance and other pertinent issues related to real
property in the City of Ithaca, and
WHEREAS, it is the strong desire of Common Council to provide
notice to the public of these regulations and requirements so
that the property owners in the City of Ithaca are aware of the
purpose of these changes and understand their responsibilities,
and
WHEREAS, the Chamberlain' s office is mailing a notice of each
property owner' s liability for City taxes in May of 1996 and it
will be cost effective to include an educational brochure in the
tax bill mailing for property owners, and
WHEREAS, including an educational brochure in the tax bill
mailing can be accomplished in a way that will not substantially
increase the City' s cost for mailing of these tax bills, and
14
41
April 8, 1996
WHEREAS, the costs for mailing the educational brochure directly
to property owners and to property owners whose tax bills are
mailed to lenders for payment through various escrow accounts
should not exceed $1, 200; now, therefore, be it
RESOLVED, That the City Chamberlain be authorized to include in
the June City tax installment billing, an educational brochure
about the new Exterior Property Maintenance Ordinance and other
pertinent issues related to real property in the City of Ithaca,
and, be it further
RESOLVED, That an amount not to exceed $1, 200 be moved from
unrestricted contingency funds to A-32-3620-425 for the purposes
of covering the cost of the additional mailing by the Building
Department, an be it further
RESOLVED, That the funding only be allocated upon the passage of
the Ordinance.
Carried Unanimously
* 18.4 Reprogramming of CDBG Funds for an Economic Development
Loan--Ithaca Millworks
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, the IURA and the City of Ithaca have been working to
reprogram CDBG funds from the 1992 and 1993 awards from projects
which could not be implemented according to plan, and
WHEREAS, in 1995 the IURA, based on the recommendation of the
Community Advisory Committee, was prepared to recommend to the
Common Council that a loan be made to Ithaca Millworks in the
amount of $75, 000 from reprogrammed funds, to be used for the =
purchase of production equipment by Ithaca Millworks related to a
proposed expansion of the Company at the former Ithaco property,
and
WHEREAS, Ithaca Millworks was not successful in acquiring that
site and wishes now to amend their proposal to include instead
the construction of an approximately 20, 000 square foot, $400, 000
millwork building on property the firm owns on Taber Street, and
WHEREAS, since this new construction project will cost more than
the previous proposal and the company has a fixed amount of
financing available from a conventional lender, Ithaca Millworks
needs to increase the amount of the CDBG loan from $75, 000 to
$100, 000, and
WHEREAS, the proposed new construction project will allow Ithaca
Millworks to increase its workforce by 6 to 10 workers and also
remove a blighted building currently on the site; now, therefore,
be it
RESOLVED, That the Common Council approves the proposed
reprogramming for an amount not to exceed $100, 000 and authorizes
the Mayor, subject to the advice of the Community Development
staff and City Attorney, to submit all required documentation to
HUD in order to implement this reprogramming.
Carried Unanimously
Viewshed Overlay Zone - Report
Alderperson Blumenthal reported that the viewshed overlay zone
issue was not identified as a work item for the Planning
Department for 1996 . She noted that former Alderperson John
Schroeder had summarized possible approaches to establishing a
viewshed overlay zone and that included four components, one of
which was restricting the size of development and developing
design guidelines for the site .
Alderperson Blumenthal further reported that there are three
property owners that are involved with this site as well as
15
April 8, 1996
adjoining property owners, that are in opposition to this change
therefore a super majority vote of Common Council could be
required to pass a zoning change . The Planning Committee voted
4-1 not to study this issue, and to place the item on the
Planning Committee agenda.
Extensive discussion followed on the floor with Council members
voicing their opinions on the issue .
All 0%
Cliff Street Parking - Report
Alderperson Blumenthal reported that the Cliff Street parking
area issue will be discussed at the Planning Committee meeting in
April . She noted that there are basically two options, either
purchasing the parcels at 701 and 705 Cliff Street, for an
approximate cost of $95, 000 - $110, 000, or purchasing the parcels
at 705 and 711 Cliff Street, for an approximate cost of $65, 000
to $80, 000 . The second option has significant environmental
drawbacks such as filling in a gorge and removing trees from the
hillside . If the City is interested ir using fill from the Route
96 project, several decisions need to be made in the near future .
She further noted that the Board of Public Works has concerns
regarding the use of public funds for engineering, and
construction services for parking lots . The BPW also has
concerns regarding the future maintenance of this lot .
Zonincr Amendment - Chart Chancre Allowing Public and Quasi-Public
Social Services Agencies in B-1 Zones - Report
Alderperson Blumenthal reported that the Senior Citizens Center
is interested in purchasing the OBGYN site on Court Street but it
is not a permitted use in the B-la zone . As a result they are
requesting that Common Council expand the list of permitted uses
in the B-la zone to include quasi-public or public social service
organizations . The zone currently permits offices and banks .
The B-2a zone includes clubs, lodges or private social clubs, but
the Planning Committee thought that those types of uses would
have a greater impact on the adjoining residential neighborhood,
and recommended that a new category in the chart be created. The
Committee further recommended that language be drafted regarding
the zoning change for next meeting. The timetable would be
discussion at the April Planning Committee meeting, a public
hearing at Common Council in May, and a vote on the zoning change
in June .
Economic Development Plan - Report
Alderperson Blumenthal reported that the Economic Development
Plan was designated the highest priority item on the 1996
Planning Department Work Plan. The Planning Committee is
considering completing an assessment relative to the assets and
constraints facing the City, and the future opportunities for
economic development . This is one component of a strategic
planning process which was started in 1987 with an affordable
housing study and area studies including the Northside, Southwest
Park, Downtown, Inlet Island, and the West Hill Master Plan. This
issue will be discussed in detail at the April Planning Committee
meeting.
Parking Lot Control Equipment - Report
Alderperson Blumenthal reported that the report on the parking
lot control equipment will be postponed until the June meeting.
NEW BUSINESS•
* 19 . 2 New York State Tax Cuts
By Alderperson Efroymson: Seconded by Alderperson Johnson
WHEREAS, the proposed ` 96- ` 97 New York State budget has deep cuts
in social services and mental health programs, which will have a
devastating impact on many of our citizens and our community, and
16
43
April 8 , 1996
WHEREAS, State aid to education is being cut again on all levels-
-pre-K handicapped, primary and secondary, SUNY, TAP, and a
freeze on- aid to community colleges--which will prevent many New
Yorkers from getting the education that would prepare them for
the world of work and to be informed citizens in a democracy, and
WHEREAS, New York State has the third most unequal distribution
of income in the nation, while more of New York' s children live
in poverty than in the rest of the nation as a whole, (23 . 50 vs .
20 . 10) , and
WHEREAS, the multi-year tax cuts which were implemented in 1987-
1989 in NYS did not stimulate job growth, which is the rationale
given for these income tax cuts for the affluent, and, in fact,
were followed by a period when the rate of employment growth
actually decreased, and
WHEREAS, the reduction in aid from the state to help fund
education and vital local services will mean an increase in local
property taxes, which are regressive, and which will therefore
most hurt the elderly on fixed incomes, the middle class and
working poor; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does
hereby support the enactment of the Stringer/Leichter bill, which
would repeal the reduction in State income tax for those families
earning more than $100, 000 per year, and be it further
RESOLVED, That the City Clerk be directed to forward this
resolution to our local Assemblyman and Senator and to Governor
Pataki, Senator Bruno, Assemblyman Silver, and NYCOM.
Carried Unanimously
BUFFALO STREET PARKING:
Extensive discussion followed on the floor with Superintendent
Gray and Deputy Planning and Development Director Sieverding
answering questions from Council members . This issue was
referred to the Board of Public Works for further discussion.
RECESS:
Common Council recessed at 9 : 40 p.m. and reconvened at 9 : 50 p.m.
EXECUTIVE SESSION:
By Alderperson Johnson: Seconded by Alderperson Sams
RESOLVED, That Common Council adjourn into Executive Session to
discuss labor negotiations and pending litigation.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened in regular session. No items were
brought forth from Executive Session.
ADJOURNMENT:
On a motion the meeting adjourned at 10 :40 p.m.
,4�1 ON,,
G
ulie onie4j Holcomb Alan J. Cohen
City Clerk Mayor
17