HomeMy WebLinkAboutMN-CC-1996-05-01 i
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7: 00 P.M.
May 1, 1996
PRESENT:
Mayor Cohen
Alderpersons (9) - Blumenthal, Marcham, Johnson, Gray, Thorpe,
Shenk, Hanna, Efroymson, Mackesey
EXCUSED:
Alderperson Sams
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Planning and Development Director - Van Cort
Superintendent of Public Works - Gray
Acting Police Chief - Barnes
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
Commons Coordinator - Deming
Community Development Administrator - Stevenson
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the March 6, 1996, April 3, 1996, April 8 , 1996 and
April 17, 1996 Common Council Minutes was postponed.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Shenk requested the addition of Item 17 . 7 - Approval of
CSEA Administrative Unit Contract - Resolution.
No Council. member objected.
Alderperson Shenk requested the deletion of Item 17 .4
Finance/Controller -Request to Amend Personnel Roster - Resolution .
No Council member objected.
Executive Session
Mayor Cohen requested an Executive Session at the end of the
meeting regarding pending litigation.
No Council member objected.
COMMON COUNCIL APPOINTMENTS:
Local Board of Assessment Review
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That Marty Preston and Susan Blumenthal be appointed to
the Local Board of Assessment Review for 1996 .
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Festival Lands
Ms . Doria Higgins, Town of Ithaca, representing Citizens to Save
our Parks, addressed Council regarding a proposal that New York
State Parks give the City a strip of land on the north boundary of
the Hangar Theater in recompense for City land which was given to
State Parks during the Allan H. Treman Marina expansion in 1984 .
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Neighborhood Issues
The following persons spoke to Council regarding Northside
neighborhood issues including drugs, crime, and juvenile
delinquency.
Mr. Jim Hardesty, City of Ithaca
Ms . Flora Sagan, City of Ithaca
Ms . Barbara Balluffi, City of Ithaca Oft
Ms . Judy Hardesty, City of Ithaca
Court Watch Proposal WWI
Mr. Paul Bennett, City of Ithaca, addressed Council regarding the
Court Watch proposal . He noted his opposition to the proposal and
urged Council to proceed with extreme caution.
Proposed Cliff Street Parking Lot
Mr. George Frantz, City of Ithaca, urged Council to support the
proposed neighborhood parking lot on Cliff Street as well as the
connecting pedestrian path to Cass Park.
RESPONSE TO PUBLIC:
Alderpersons Johnson and Efroymson responded to the concerns of the
residents of the northside.
Alderperson Hanna commented on the Resolution to be considered
tonight regarding a hiring policy for seasonal employees as it
relates to hiring City residents/youths . He further stated that he
has contacted the Tompkins County Youth Bureau and requested a
meeting with the Housing and Homelessness Task Force for Youth to
discuss the issue of emergency shelter closings . Alderperson Hanna
also suggested changes to YES money appropriations, and requested
that government entities and community members support the Human
Service workers who are trying to make changes, and assist the wow
young people in our communities .
REPORT OF CITY BOARDS COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported on the following:
The Board met with the Ithaca Festival Director to discuss details
of the Festival contract with the City, including the Department of
Public Works and Police Department expectations, and City costs
associated with the Festival . The Board approved the contract on
April 10, 1996 .
The Board approved funding to begin replacing wastewater monitoring
station meters at the Wastewater Treatment Plant .
The Board authorized the Superintendent to approve Simeon' s
request for an outdoor dining permit on the Aurora Street side of
the restaurant . Two more requests were received for outdoor dining
permits on Aurora Street, one was Viva Tacoria and the other is
Osteria Peasana. The Board passed a resolution for 30-day revocable
licenses for Viva Tacoria and Osteria Peasana. The Osteria Peasana
request will come before Council due to their request to sell
alcoholic beverages .
The Board passed a resolution awarding a bid for the food
concession at Newman Golf Course.
The Babe Ruth League presented a proposal to the Board and the
Parks Commission for improvements to the baseball fields at Cass
Park. The improvements will be funded and maintained by the Babe
Ruth League, and both the Parks Commission and the Board passed
resolutions in favor of this proposal . The Babe Ruth League has
ensured that the ball fields shall remain available to the general
public .
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The Farmer' s Market has proposed to finance and build a dock at the
Steamboat Landing site . They have obtained the necessary State
permits, and under the terms of their lease they do not need City
approval . The Board did review the plans however, and passed a
resolution in support of the project .
COMMUNICATIONS FROM THE MAYOR:
Proclamations
Mayor Cohen announced the following proclamations for the month of
May:
Suicide Prevention Week - first week of May
Suicide Survivors Day - May 4
Ditch the Diet Day - May 6
One-to-One Friendship Week - April 29 through May 4
Letter of S pathv
Mayor Cohen noted the death of Dennis Jones, one of the City' s
auditors, and stated that a letter will be forwarded to Mr. Jones'
family expressing our condolences .
Letter from Mr. Crowle Fire Fighters Association
Mayor Cohen read a letter from Mr. Jim Crowley commending Bill
Harding, John Cook, Roy Trask, Mike Hagin, Bastion Friend, Charlie
Mosher, and Rich Tracy for their response to an emergency medical
situation.
Fire Chief Wilbur stated that the Ithaca Fire Department and Bangs
Ambulance crew was awarded the Crew of the Month award from the
Regional Council . They have also been awarded the Star of Life
Award, which is the highest award available from the Regional
Emergency Medical Advisory Council .
Letter from Allen Green
Mayor Cohen read a letter from Allen Green, Acting Director of the
Youth Bureau, commending Engineer Tom West for his hard work and
dedication to the Youth Bureau renovation project .
State Aid Report
Mayor Cohen stated that the Governor is attempting to accelerate
the state tax per capita payment schedule .
City Controller Cafferillo reported that he has been contacted by
a representative of the State Budget Office who stated that the
March, 1997 payment will be forwarded to the City in December of
1996 . He further explained the advantages to receiving the money
ahead of schedule.
REPORT OF THE CITY CLERK:
Designation of 1996 Polling Locations
By Alderperson Thorpe: Seconded by Alderperson Mackesey
RESOLVED, That the following sites be designated as 1996 Polling
Locations :
FIRST WARD:
1st District Alternative Community School Chestnut Street
2nd District Alternative Community School Chestnut Street
3rd District Titus Towers 800 S Plain Street
4th District South Hill School 520 Hudson Street
Sth District South Hill School 520 Hudson Street
SECOND WARD:
1st District GIAC 300 W Court Street
2nd District GIAC 300 W Court Street
3rd District Central Fire Station 310 W Green Street
4th District Central Fire Station 310 W Green Street
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THIRD WARD:
1st District Willard Straight Hall Central Ave, Cornell
2nd District Belle Sherman Annex Cornell Street
3rd District Belle Sherman Annex Cornell Street
FOURTH WARD:
1st District Noyes Center 635 Stewart Avenue
2nd District #9 Fire Station 309 College Avenue
3rd District #9 Fire Station 309 College Avenue
FIFTH WARD: *WW
1st District #7 Fire Station 1012 N Tioga Street
2nd District Fall Creek School King Street
3rd District Robert Purcell Union Jessup Rd, Cornell
4th District Fall Creek School King Street
Carried Unanimously
YOUTH AWARD:
Alderperson Thorpe announced that the Youth Award is being
presented to Jason Weitzen, a student at the Alternative Community
School . She noted Jason' s contributions to area youth who are
questioning their sexuality, through his flyers, answering service,
and Web page.
LAW AND GOVERNANCE COMMITTEE:
An Ordinance Amending Sections 210-10, 210-12, 210-25, of Chapter
210 Entitled "Housing Standards" of the City of Ithaca Municipal
Code
By Alderperson Efroymson: Seconded by Alderperson Shenk
WHEREAS, there is a lack of affordable housing in Ithaca, and
WHEREAS, compliance with sections of the current City Housing Code,
with respect to existing buildings, may place a financial burden on
the owners of such buildings that will be passed on to tenants, and
WHEREAS, the City Housing Code contains sections that are more
stringent than the New York State Uniform Fire Prevention and
Building Code because of recent changes to the State code which
relax the standards for existing buildings in certain instances,
and
WHEREAS, the Building Commissioner has examined the City Housing
Code and determined that the proposed changes will not result in
significantly lower standards for individuals and families; now,
therefore
Ordinance 96 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows :
Section 1. Section 210-10 of Chapter 210 entitled "Housing
Standards" of the City of Ithaca Municipal Code is hereby amended
as follows :
Section 210-10 Habitable Space
A. Size
(1) . In one or two family dwellings habitable space shall have
a minimum ceiling height of six (6) feet eight (8) inches.
[seven (7) feet six (6) inches] over fifty percent (50%) of
the floor area_[, and the floor area where the ceiling height
is less than five (5) feet shall not be considered in
computing floor area. ] In multiple dwellings habitable space
shall have a minimum ceiling height of seven (7) feet over
fifty percent (50%) of the floor area The floor area where
the ceiling height is less than five (5) feet shall not be
considered in computing floor area.
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[ (2) . A dwelling unit shall contain at least one (1) habitable
room having a minimum of one hundred fifty (150) square feet
of floor area and a minimum horizontal dimension of ten (10)
feet .
(3) . Kitchens shall have a minimum of sixty (60) square feet
of floor area, and other habitable spaces shall contain not
less than eighty (80) square feet of floor area and shall have
a minimum horizontal dimension of seven (7) feet . ]
(2) • [ (4) . ] Every alcove less than sixty (60) square feet in
area, except a cooking space or foyer, shall be deemed to be
part of a habitable room. The area of the opening in the
dividing partition between the alcove and the room shall be at
least eight percent (800) of the wall area of such partition,
measured on the alcove side, but not less than forty (40)
square feet . The depth of such alcove shall not exceed half
its width. The floor area of the alcove shall be added to the
floor area of the room in determining light and ventilation
requirements for the room. An alcove with an area of sixty
(60) square feet or more, but less than the required area of
a habitable room, shall be separately lighted and ventilated
as required for habitable space .
B. Basements . A basement shall be deemed habitable space
only if it complies with all of the following requirements :
(1) . Windows are provided on at least [more than] one (1)
wall .
D. Miscellaneous requirements
(2) . Sleeping rooms within dwelling units shall be separated
from each other and from other spaces outside the sleeping
rooms to provide privacy. Sleepingr rooms shall not be used as
the only means of access to other sleeping rooms or habitable
space.
Section 2 . Section 210-12 is hereby amended to read as follows :
Section 210-12 . Nonhabitable space .
A. Height . Nonhabitable space, except crawl spaces and
attics, in multiple dwellings shall have a minimum height of
six (6) feet (8) inches [seven (7) feet] measured from floor
to ceiling.
B. Toilet rooms and bathrooms .
(6) . In multiple dwellings, floors of bathrooms, toilet rooms
and similar spaces shall be waterproof . Such waterproofing
shall extend four (4) [six (6) ] inches or more above floors,
except at doors, so that floors can be flushed or washed
without leaking.
Section 3 . Section 210-25 is hereby amended to read as follows :
Section 210-25 . Heating
A. General requirements
(1) Residential buildings intended for occupancy between the
first day of September [November] and the thirty first day of
May of the following year shall be provided with heating
equipment designed to maintain a temperature of not less than
sixty- eight degrees Fahrenheit (68 degrees F. ) at a distance
of two 2 [three (3) ] feet and more from exterior walls and
at a level of five (5) feet above the floor in habitable
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spaces, kitchenettes, bathrooms and toilet rooms . The
capability of the heating equipment to maintain such indoor
temperature shall be based on the average of the recorded
annual minimum outside temperatures for the locality.
(2) . In residential buildings when a tenant does not have
access to individual heating control devices or his/her device
controls the temperature of other dwelling units, adequate
heat shall be provided to maintain the indoor temperature in ow
habitable spaces, kitchenettes, bathrooms and toilet rooms at
sixty-eight degrees Fahrenheit (68 degrees F. ) when the too
outside temperature falls below fifty-five degrees Fahrenheit
(55 degrees F. ) between the first day of September and the
thirty first day of May [first day of June] .
Section 4 . This Ordinance shall take effect immediately in
accordance with law upon publication of notices provided in the
Ithaca City Charter.
Alderperson Efroymson explained that the amendments to this
Ordinance bring the City into compliance with amendments made to
the New York State Code . The objective of these amendments is to
lessen the burden of the property owners to apply for variances
that are regularly obtained,
Extensive discussion followed on the floor regarding Section D (2) ,
Miscellaneous requirements - Sleeping rooms, and Section B (1)
Basements - Windows .
Motion to Refer to Committee
By Alderperson Thorpe: Seconded by Alderperson Gray:
RESOLVED, That the Ordinance amending Sections 210-10, 210-12 , and
210-25 of Chapter 210 entitled "Housing Standards" of the City of
Ithaca Municipal Code be referred back to the Law and Governance
Committee for further review.
Ayes (6) - Johnson, Thorpe, Gray, Shenk, Marcham, Mackesey
Nays (3) - Blumenthal, Hanna, Efroymson
Carried (6-3)
Memorandum of Understanding with Tompkins County Regarding Property
Sold for Unpaid Taxes
By Alderperson Efroymson: Seconded by Alderperson Mackesey
WHEREAS, the City of Ithaca, hereinafter referred to as the "City, "
a municipal corporation having its principal place of business at
108 East Green Street, Ithaca, New York and the County of Tompkins,
hereinafter referred to as the "County" , a municipal corporation
having its principal place of business at 320 North Tioga Street,
Ithaca, New York, each have the right and ability to proceed
against properties for which outstanding real estate taxes have not
been paid, and
WHEREAS, it is in the interest of both the City and the County that
there be cooperation and coordination between the City and the
County with respect to proceedings against properties for which
outstanding real estate taxes have not been paid; now, therefore,
be it
RESOLVED, That in consideration of the mutual benefits to be
obtained by each party it is agreed as follows :
1 . The City and the County agree to keep the other party
informed and to exchange information with the other party with
respect to all properties for which outstanding real estate taxes
have not been paid. The City and the County shall exchange
information with respect to all relevant issues including, but not
limited to:
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a) The amount of outstanding taxes owing for any
specific property.
b) The existence of any environmental or other hazards
with respect to any specific property.
c) Any other relevant factors that affect the
advisability of proceeding against a specific property.
d) Any other relevant factors that affect the value of
a specific property.
2 . In the event either the City or the County intends to
proceed against the property for which outstanding real estate
taxes have not been paid, either by foreclosure, obtaining a tax
deed, or otherwise, it shall notify the other party of its
intention to so proceed before proceedings are commenced. Such
notice will give the other party the opportunity to inform the
party wishing to proceed whether it considers the proceeding to be
in the best interest of both parties . The other party shall have
the right to pay to the party intending to proceed the outstanding
taxes owing to such party, in which event the party originally
intending to proceed shall refrain from doing so.
3 . In the event that either the City or the County proceeds
against a property for which outstanding real estate taxes have not
been paid the other party' s tax liens for unpaid real property
taxes shall not be extinguished. The Decision, Judgment of
Foreclosure and any and all deeds shall clearly state that the
foreclosure and subsequent conveyances are subject to the other
party' s tax lien. In the event if a sale of the property, it shall
be clearly stated to all potential purchasers that the sale is
subject to the other party' s tax liens . The rights of the other
party to proceed against the property for outstanding real estate
taxes by foreclosure, tax deed or otherwise shall not in any way be
diminished or compromised.
City Attorney Geldenhuys explained the history, and intent of the
Memorandum of Understanding.
A vote on the resolution resulted as follows :
Carried Unanimously
An Ordinance Amending Chapter 48 Entitled "Emer renc r Preparedness",
Section 48-4 of the City of Ithaca Municipal Code
By Alderperson Efroymson: Seconded by Alderperson Mackesey
WHEREAS, State and Federal regulations require an Emergency
Operating Center (EOC) be designated, and
WHEREAS, the City' s Disaster Plan, which is Chapter 48 , of the City
of Ithaca Municipal Code, assigns two locations for an EOC, one in
City Hall and one at Central Fire Station, and
WHEREAS, the City and Town of Ithaca' s (hazardous materials)
Emergency Response Plan designates Central Fire Station as the EOC,
and
WHEREAS, the dual designation of EOC between City Hall and Central
Fire Station would actually impair the start-up and function of an
EOC in time of disaster, and
WHEREAS, the location and function of an EOC requires equipment and
facilities be configured ahead of time, which requires planning and
budgeting funds for this purpose, and which the use of Central Fire
Station will minimize the cost of such work, and
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WHEREAS, Central Fire Station is a facility with emergency power,
cooking, showers, and sleeping facilities which are necessary to
support an EOC during large scale incidents or disasters, and
WHEREAS, Tompkins County' s E-911 Center will also be located at
Central Fire Station; now, therefore,
Ordinance No. 96-4
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows : NOOK
Section 1. That Chapter 48 , entitled "Emergency
Preparedness" of the City of Ithaca Municipal Code be amended as
follows :
Section 48-4 Designation of emergency operations center
(EOC)
The emergency operations center for the City will be in the
Central Fire Station unless the Mayor declares otherwise.
Once the Mayor or next City officer in line has declared that
an emergency exists, the emergency operations center will be
staffed on a twenty-four-hour basis until the declared
emergency subsides . The emergency operations center will
forward all warnings, directives, information, etc. , to
various local departments, as appropriate . This will be done
through the use of department representatives, telephones
(located in the emergency operations center) , radios in the
Police, Fire, Highway and Civil Defense Departments and in the
offices of cooperating agencies . Each member assigned to the
emergency operations center will be familiar with this plan,
particularly with the section pertaining to each responsible pow
person' s service duties .
Section 2 . This Ordinance shall take effect immediately in vw„
accordance with law upon publication of notices provided in the
Ithaca City Charter.
Mayor Cohen thanked Firefighter David Reynolds who was instrumental
in bringing this Ordinance forward, and in the preparation of a
disaster plan for the City.
Carried Unanimously
Resolution in Support of an Enhanced CHIP' S Funding Level
By Alderperson Efroymson: Seconded by Alderperson Johnson
WHEREAS, enabling legislation for the current Consolidated Highway
and Street Improvement Program (CHIP' S) is due to expire in March
of 1997 , and
WHEREAS, most local governments' fiscal year follows the calendar
year and their 1997 budgets will be prepared and adopted in the
Fall of 1996 , and
WHEREAS, the State Legislature should renew CHIP' S funding during.
the 1996 session so that local governments can plan and properly
budget for 1997, and
WHEREAS, CHIP' S funding levels have not changed much since the
inception of the Program in 1981 ($179 million vs . $235 million) ,
while highway user-fee revenues collected by the State (taxes on
gasoline and diesel fuel, motor vehicle fees, driver license fees,
truck taxes and fees, traffic fines, surcharges, etc. ) have
substantially increased, and
WHEREAS, highway user-fee revenues collected by the State exceed
$2 . 5 billion per year, while annual highway expenditures amount to
$1 . 3 billion for DoT and $235 million for CHIP' S funding to 1, 600
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local government entities leaving close to $1 billion per year of
highway user-fees going to non-highway uses, and
WHEREAS, local government is responsible for 850 of the highway
mileage in the State on which about 500 of the vehicle miles are
driven, with less than 100 of the highway user-fees returned to
local government through CHIP' s, and
WHEREAS, this has resulted in 21% of local highways/streets being
rated in poor condition and 37!° in fair condition compared with
State DoT goals of loo poor rating and 20s fair rating; and
additionally fifty-two percent (52%) of local bridges are
classified as deficient compared with 350 of State DoT bridges, and
WHEREAS, local government has had to increase property taxes to
help fund local highways and bridges while $1 billion per year of
highway user-fees are spent on non-highway uses, which equates to
the local property taxpayer paying twice for highway work; now,
therefore, be it
RESOLVED, That the City of Ithaca hereby urges the State
Legislature and Governor Pataki to enact, during the upcoming 1996
session of the Legislature, multi-year enhanced CHIP' s funding at
a level of not less than $1 billion per year, and, be it further
RESOLVED, That the City Clerk be directed to forward copies of this
Resolution to Governor Pataki, Assemblyman Luster, Senator Seward,
and the NYS Conference of Mayors .
Carried Unanimously
City Code/Referendum Timeline Report
Alderperson Efroymson reported that the Law and Governance
Committee will be reviewing existing legislation that was subject
to a mandatory referendum, but was never placed on the ballot . He
asked Council members to forward their questions and concerns to
him, as this issue will be discussed further at the June Law and
Governance Committee meeting.
Discussion followed on the floor, with City Attorney Geldenhuys
answering questions from Council members .
BUDGET AND ADMINISTRATION COMMITTEE:
Commons Coordinator - Request to -.Sicrn Simeon's Revocable License
Agreement
By Alderperson Shenk: Seconded by Alderperson Marcham
WHEREAS, since 1987 the City of Ithaca has issued a license to
Simeon' s Restaurant allowing that restaurant to utilize certain
areas along Aurora Street and on the Ithaca Commons for outdoor
dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council' s responsibility to determine whether
or not to allow the serving and consumption of alcohol on the
Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Simeon' s Restaurant, including the
responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $500, 000 . 00 insurance
under the Dram Shop Act; now, therefore, be it
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RESOLVED, For the, year 1996, that Common Council hereby approves a
revocable license agreement for the outdoor sale and consumption of
alcohol between the City and Simeon' s Restaurant that includes the
sale of alcohol in accord with the terms and conditions set forth
in application therefore, including minimum Dram Shop coverage in
the amount of $500, 000 . 00 and Commons Advisory Board approval for
outdoor dining permits . Carried Unanimously
P
Police Department - Request to Amend Personnel Roster
By Alderperson Shenk: Seconded by Alderperson Efroymson
WHEREAS, the Acting Police Chief is recommending that a Senior
Typist position be established for the promotion of a department
typist to reflect the employee' s qualifications and actual duties;
now, therefore, be it
RESOLVED, That the 1996 Police Department Personnel Roster be
amended as follows :
Add: One (1) Senior Typist (40 hours)
Delete: One (1) Typist (40 hours)
and be it further
RESOLVED, That the Senior Typist position be established at a 1996
annual salary of $16, 994, that being Grade 7 of the 1995 CSEA
Administrative Unit, effective May 2 , 1996, and be it further
RESOLVED, That Holley Seamon be appointed to said Senior Typist
position, and be it further
RESOLVED, That the funds needed for said promotion will be derived
from the existing 1996 Police Department Budget .
Carried Unanimously ""
Fire Department Request Approval of Volunteer Service Agreement
from Outside Departments
By Alderperson Shenk: Seconded by Alderperson Thorpe
WHEREAS, the Ithaca Fire Department continues to need services of
additional volunteer personnel to enhance its protection of the
City and Town of Ithaca, and
WHEREAS, New York State law now permits members of volunteer fire
companies to offer their services to a fire company in another
jurisdiction within the state on a continuing basis, and
WHEREAS, the Ithaca Fire Department has received offers from
several members of other fire companies within the state to provide
service to IFD and needs a mechanism by which to respond to such
offers of service; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Fire Chief to
accept such offers of service from members of other fire companies
within New York State who are deemed qualified for IFD service in
accordance with the department' s established volunteer membership
process, and be it further
RESOLVED, That such members must be recommended for service by the
department' s Membership Review Committee, must complete training as +
directed by the Municipal Training Officer in advance of department
service, and shall be governed by the ongoing service and training
requirements that apply to other IFD volunteer personnel, and be it
further
RESOLVED, That such individuals shall be covered under the City' s
Volunteer Firefighters Benefit Law (VFBL) coverage in case of
injury while in department service, but shall NOT be eligible for
benefits provided to IFD volunteer members, including but not
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limited to the department' s Volunteer Incentive Program, and be it
further
RESOLVED, That such individuals shall serve at the pleasure of the
Fire Chief, must agree in writing to the terms and conditions
stated above, and said agreement may be terminated by the Fire
Chief at any time for any reason, and be it further
RESOLVED, That the Board of Fire Commissioners shall be notified of
all such individuals approved for service and all service
agreements terminated by the Fire Chief .
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Mackesey
RESOLVED, That an additional Resolved Clause be added to read as
follows :
"RESOLVED, That members of volunteer fire departments from other
communities who are also career members of the Ithaca Fire
Department may not enter into an agreement to provide such
service . "
Main Motion as Amended Carried Unanimously
A vote on the Main Motion as Amended resulted as follows :
Carried Unanimously
DPW - Request to Sign Osteria Paesana' s Revocable License Agreement
By Alderperson Shenk. Seconded by Alderperson Marcham
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council' s responsibility to determine whether
or not to allow the serving and consumption of alcohol on the
Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Osteria Paesana including the
responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the same and consumption of
alcohol should be covered by a minimum of $500, 000 . 00 insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, For the year 1996, that Common Council hereby approves a
revocable license agreement for the outdoor sale and consumption of
alcohol between the City and Osteria Paesana Restaurant that
includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum
Dram Shop coverage in the amount of $500, 000 . 00 and Board of Public
Works approval for outdoor dining permits .
Carried Unanimously
DPW - Request to Amend Personnel Roster
By Alderperson Shenk: Seconded by Alderperson Gray
WHEREAS, the position of Junior Engineer in the Office of the City
Engineer has been vacated, and the Vacancy Review Committee has
approved the filling of the position of Engineering Technician, and
WHEREAS, the authorized salary for the vacated Junior Engineer' s
position was $30, 090 . ; now, therefore, be it
RESOLVED, That the Common Council approve the reallocation of the
aforementioned salary as follows :
Engineering Technician salary, 1440-5110 . . . . . . . . . $22 , 000
Staff Development, 1440-5440 . . . . . . . . . . . . . . . . . . . . . $ 3, 000
Outside Services-Fees, 1440-5430 . . . . . . . . . . . . . . . . . $ 51090
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and, be it further
RESOLVED, That the position of Junior Engineer shall not be funded.
Carried Unanimously
Approval of CSEA Administrative Unit Labor Contract for 1996-1999
By Alderperson Shenk: Seconded by Alderperson Marcham
RESOLVED, That Common Council approves the 1996-1999 CSEA
Administrative Unit Labor Contract . '"
Ayes (8) - Mackesey, Shenk, Marcham, Hanna, Efroymson, Gray, _
Thorpe, Blumenthal
Nay (1) - Johnson
Carried (8-1)
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
An Ordinance Amending Sections 325-3, 325-8 and 325-20 of Chapter
325 entitled "Zoning" of the City of Ithaca Municipal Code,
regarding Human Service Agencies -- Designation of Lead Agency
Status for Environmental Review
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, State Law and Section 176 . 6 of the City Code require that
a lead agency be established for conducting environmental review of
projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment of Sections 325-3 , 325-8 and 325-20
of Chapter 325 of the City of Ithaca Municipal Code requires review
under the City' s Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendments to Chapter 325 of the City Code .
Ayes (8) - Blumenthal, Johnson, Marcham, Hanna,
Gray, Thorpe, Mackesey
Abstention (1) - Efroymson
Carried (8-0-1)
An Ordinance Amending Sections 325-3, 325-8 and 325-20 of Chapter
325 entitled "Zoning" of the City of Ithaca Municipal Code,
regarding Human Service Agencies -- Declaration of No Significant
Environmental Effect
By Alderperson Blumenthal : Seconded by Alderperson Mackesey
WHEREAS, an Ordinance Amending Sections 325-3 , 325-8 and 325-20 of
Chapter 325, regarding Human Service Agencies has been submitted to
Common Council for consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter,
hereby does adopt as its own the findings and conclusions more
fully set forth on the Short Environmental Assessment Form dated
April 19, 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
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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 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.
Ayes (8) - Blumenthal, Johnson, Marcham, Hanna,
Gray, Thorpe, Mackesey
Abstention (1) - Efroymson
Carried (8-0-1)
An Ordinance Amending Sections 325-3 325-8 and 325-20 of Chapter
325 Entitled "Zonin " of the City of Ithaca Municipal Code
Regarding Human Service Agencies Call for Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson March—am
RESOLVED, That Ordinance 96- entitled "An Ordinance Amending
Sections 325-3, 325-8 and 325-20 of the City of Ithaca Municipal
Code, regarding District Regulations, " 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 in the Common
Council Chambers, City Hall, 108 East Green Street, in the City of
Ithaca, New York, on Wednesday, June 5, 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 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:
ORDINANCE 96
An Ordinance Amending Sections 325-3, 325-8 and 325-20 of Chapter
325 entitled "Zoning" of the City of Ithaca Municipal Code,
permitting Human Service Agencies in B-1 and lower zones, of
right.
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 325-3
entitled "Definitions" is hereby amended to add the following:
Section 325-3 . Definitions .
HUMAN SERVICE AGENCY - A governmental or nonprofit organization
providing services to the general public, to assist in meeting
needs . Services provided may include, but are not limited to,
one or more of the following: information, guidance, counseling,
therapy, group social activity, remedial instruction, self-help
and support .
MIXED USE - Two or more uses conducted on the same property, by
one or more occupants, either in the same structure or separate
structures, or in the open.
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Section 2 . Section 325-8 of Article II , entitled "Zoning
Districts, " is hereby amended to add the following:
Section 325-8 . District Regulations Chart .
3-1, col . 2 : add "Human service agencies and centers . "
3-1, col . 4 : add "Human service agencies and centers, as pow
specified in Section 325-20 . "
Section 3 . Section 325-20 of Article V, entitled "Supplementary
Regulations, " is hereby amended to add the following:
Section 325-20A(4) . Off-street parking.
Add "Human Service agencies and centers : 1 space per 250
square feet of floor area. "
Section 4 . Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notices provided in the Ithaca City
Charter.
Cliff Street Neighborhood Parking Lot
By Alderperson Blumenthal : Seconded by Alderperson Mackesey
WHEREAS the need for parking on Cliff St . , particularly in the
700 block, has long been recognized by the City of Ithaca, and
WHEREAS, a walkway from Cliff Street to Cass Park would give
neighborhood residents better and safer access to Cass Park, and
WHEREAS the West Hill Master Plan, adopted by the Planning Board
in 1991 and approved and accepted by Common Council in 1992,
calls for the construction of parking in the Cliff Street "'"
neighborhood and the construction of a walkway between Cliff St .
and Cass Park, and
WHEREAS the physical circumstances on Cliff St . are different
from those found in other parts of the City, and
WHEREAS these differences include a steep road slope, steeper
side slopes, small lots, small houses, low-income residents and
high traffic volume, making this street unique among the City' s
major traffic carriers, and
WHEREAS, most residential streets have parking on at least one
side, and
WHEREAS fill materials may be available in the next several
months which would considerably reduce the cost of such facility,
and
WHEREAS a number of different plans have been prepared and
evaluated by the Planning and Economic Development Committee, and
WHEREAS the Planning and Economic Development Committee has given
concept approval to the construction of a residential parking lot
on Cliff St . which would include a walkway between Cliff St . and
Cass Park, and
WHEREAS, this proposal has been referred to the Budget &
Administration Committee for consideration of capital and
operating expenses; now, therefore, be it
RESOLVED, That capital project #331 be established in the amount
not exceed $97, 000 for acquisition of a neighborhood parking area
at 705 Cliff St . with a path to Cass Park, and be it further
RESOLVED, That the capital project include the cost of design for
the project and all acquisition, construction and necessary
landscaping expenses other than decorative landscaping which may
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be installed at a later date by City forces or others, and be it
further
RESOLVED, That the Board of Public Works is hereby authorized and
directed to put this capital project out to bid and receive bids
for its implementation at the earliest possible time, and that
the Mayor is authorized and directed to sign any and all
instruments necessary to execute this resolution, and, be it
further
RESOLVED, That said funds will be derived from the issuance of
serial bonds .
Extensive discussion followed on the floor with Superintendent
Gray answering questions from Council members regarding the
Engineering Department' s work load.
A vote on the resolution resulted as follows :
Carried Unanimously
Economic Develo ment Plan - Re ort
Alderperson Blumenthal reported that the creation of an Economic
Development Plan has been designated the highest priority item on
the Planning Department work program for 1996 . This plan will
include an assessment of the City' s current economic development
Opportunities, initiatives to promote further development,
identification of constraints, and to further review the needs of
the entire City as well as the underserved residents . This plan
will be developed by community leaders who represent a broad
range of interests related to economic development to discuss
short-term and long-term goals, how a city can work with the
private sector to support development, and create a working
document to implement with strategic objectives .
- West Buffalo Street On-Street Parkin - Re or
Alderperson Blumenthal noted that there is a request for funding
in the 1996 Community Development Block Grant (CDBG) application
for off-street parking for the 600 block of West Buffalo Street .
Grant notification is scheduled for mid June . Short term parking
solutions are needed in the interim as parking will be removed
from Buffalo street in mid June . A parking lot will be
constructed at the corner of Court and Fulton Streets, and
Planning Director van Cort will ask if that project can be
completed before the removal of parking on West Buffalo Street .
SE RA CEQRA - Conformance of City Environmental Quality Review
Act to State EORA - Report
Alderperson Blumenthal reported that new SEQRA regulations were
adopted in January 1996 and there are a number of inconsistences
between the City' s EQRA and the State EQRA with respect to
substance and procedures . An intern will be hired this summer to
study how the two laws conflict, and to prepare a report with
recommendations for Common Council review.
RECESS:
Common Council recessed at 9 : 35 p.m. and reconvened at 9 :43 p.m.
COMMUNITY ISSUES COMMITTEE:
An Ordinance-Amending Chapter 164 Entitled "Dogs and Other
Animals" Article II2 Sections 164-9 and 164-10 of the City of
Ithaca Municipal Code
By Alderperson Thorpe : Seconded by Alderperson Efroymson
ORDINANCE NO. 96-
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows :
Section 1. That Chapter 164, entitled "Dogs, and Other Animals"
of the City of Ithaca Municipal Code is amended as follows :
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1 . That Section 164-9 entitled "Prohibited Acts" be
amended as follows :
164-9C Except for a service animal for people with
disabilities in performance of its trained duties,
causes damage or destruction to public or private
property or defecates (unless the solid waste is
promptly picked up and removed by the owner or
other person responsible for the dog) or private
otherwise commits a nuisance on public or p
property other than on the premises of the person
owning or harboring such dog.
2 . That Section 164-9 be amended to add subsection I :
164-9I Said dog harasses, attacks, annoys, or otherwise
interferes with a service animal for people with
disabilities which provides assistance in
mobility, and other major life functions, to
people with disabilities .
3 . That Section 164-10 entitled "Enforcement" be amended
to read as follows :
164-10 All peace officers in the City, the Tompkins
County Society for the Prevention of Cruelty to
Animals, and its employees, pursuant to contract
with the City, and all employees of any Dog
Control Officer appointed by the Common Council
shall administer and enforce the provisions of
this Article and for such purpose shall have the
authority to issue appearance tickets pursuant to
Article 150 of the Criminal Procedure Law.
Appearance tickets may require payment by mail of WPM
a designated fine or appearance in Ithaca City
Court and shall be in such form as may be
prescribed by the Judge of the Ithaca City Court .
In assessing penalty, the Judge of the Ithaca City
Court may take into account the status, upon
proper documentation or other supporting evidence,
of an attacked animal as a service animal for
people with disabilities which provides assistance
in mobility, and other major life functions, to
people with disabilities .
Section 2 . This Ordinance shall take effect immediately in
accordance with law upon publication of notices provided in the
Ithaca City Charter.
Carried Unanimously
Domestic Violence
By Alderperson Thorpe: Seconded by Alderperson Mackesey
WHEREAS, domestic violence is believed to be a serious problem in
the City of Ithaca affecting many families, the elderly, and
women and children, and
WHEREAS, the City of Ithaca is committed to solving these
dangerous and violent occurrences, and
WHEREAS, the Court Watch data collection program recognizes the
confidential and sensitive nature of court records, and .3,
WHEREAS, the Court Watch data collection program will adhere to
all rules and regulations of data collection regarding
confidentiality and court records, and
WHEREAS, the statistical information will aid Council in more
fully understanding the extent of domestic violence in the City
in order to seek more effective solutions, if they are required;
now, therefore, be it
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RESOLVED, That Common Council asks the City of Ithaca
Prosecutor' s Office to cooperate with the Court Watch program' s
statistical information-gathering program by providing
information concerning domestic violence cases in the City of
Ithaca, and be it further
RESOLVED, That the Chair of the Community Issues Committee be
directed to write a letter to the City Court asking for its
cooperation in this effort, and be it further
RESOLVED, That $1, 700 from unrestricted contingency be set aside
to help defray expenses incurred by Court Watch in compiling this
information, and will be paid through the City Controller' s
office.
_Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Thorpe
RESOLVED, That an additional Resolved Clause be added before the
final Resolved Clause to read as follows :
"RESOLVED, That Common Council enter into a contract, to be
executed by the Mayor, with Judith Long, Professor of Sociology
at Syracuse University, to conduct a study on domestic violence,
and be it further"
Carried Unanimously
Amending Resolution
By Alderperson Marcham: Seconded by Alderperson Johnson
RESOLVED, That the word "men" be inserted in the first Whereas
Clause after the word "elderly" .
Ayes (2) - Johnson, Marcham
Nays (7) - Efroymson, Thorpe, Hanna, Gray, Blumenthal,
Shenk, Mackesey
Motions Fails (2-7)
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That the word "particularly" be added to the first
Whereas Clause before the words " the elderly" .
Carried Unanimously
Extensive discussion followed on the floor with Alderpersons
Shenk, Mackesey, Thorpe and Hanna responding to the statements
made by Paul Bennett earlier in the meeting regarding the Justice
system.
Amending Resolution
By Alderperson Hanna: Seconded by Alderperson Blumenthal
RESOLVED, That in the first Resolved Clause the word
"prospective" be added after the word "program' s" .
Extensive discussion followed on the floor with Alderperson Hanna
explaining the proposed amendment .
Motion to Call the Question
By Alderperson Thorpe: Seconded by Alderperson Mackesey
RESOLVED, That the question be called regarding the proposed
amendment .
Ayes (6) Mackesey, Shenk, Efroymson, Marcham, Gray, Thorpe
Nays (3) Hanna, Blumenthal, Johnson
Proposed Amendment Carried (6-3)
A vote on the proposed amendment resulted as follows :
Ayes (4) Hanna, Blumenthal, Marcham, Johnson
Nays (5) Mackesey, Shenk, Efroymson, Gray, Thorpe
Motion Fails (4-5)
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Motion to Call the Question
By Alderperson Thorpe : Seconded by Alderperson
RESOLVED, That the question be called regarding the Main Motion
as Amended.
Motion Failed for Lack of a Second
Further discussion followed with Alderpersons Blumenthal and
Marcham asking questions regarding the purpose and intention of
the study. Alderperson Efroymson spoke in favor of the
Resolution.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows :
Ayes (6) Mackesey, Shenk, Efroymson, Johnson, Gray, Thorpe
Nays (3) Marcham, Blumenthal, Hanna
Carried (6-3)
The Resolution as Amended reads as follows :
Domestic Violence
By Alderperson Thorpe: Seconded by Alderperson Mackesey
WHEREAS, domestic violence is believed to be a serious problem in .
the City of Ithaca affecting many families, particularly the
elderly, and women and children, and
WHEREAS, the City of Ithaca is committed to solving these
dangerous and violent occurrences, and
WHEREAS, the Court Watch data collection program recognizes the
confidential and sensitive nature of court records, and
WHEREAS, the Court Watch data collection program will adhere to
all rules and regulations of data collection regarding
confidentiality and court records, and
WHEREAS, the statistical information will aid Council in more
fully understanding the extent of domestic violence in the City
in order to seek more effective solutions, if they are required;
now, therefore, be it
RESOLVED, That Common Council asks the City of Ithaca
Prosecutor' s office to cooperate with the Court Watch program' s
statistical information-gathering program by providing
information concerning domestic violence cases in the City of
Ithaca, and be it further
RESOLVED, That the Chair of the Community Issues Committee be
directed to write a letter to the City Court asking for its
cooperation in this effort, and be it further
RESOLVED, That Common Council enter into a contract, to be
executed by the Mayor, with Judith Long, Professor of Sociology
at Syracuse University, to conduct a study on domestic violence,
and be it further
RESOLVED, That $1, 700 from unrestricted contingency be set aside
to help defray expenses incurred by Court Watch in compiling this
information, and will be paid through the City Controller' s
office .
NEW BUSINESS:
Hiring Policy for Seasonal Employees
By Alderperson Efroymson: Seconded by Alderperson Shenk
WHEREAS, it is recognized that there are not enough well-paying
jobs which provide opportunities for learning, advancement, and
apprenticeship, and
WHEREAS, the City of Ithaca hires a large number of seasonal
workers, especially during the summer months, and
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WHEREAS, many of these seasonal jobs provide an entryway into the
full-time job market, and
WHEREAS, there is no written residency policy regarding hiring
seasonal workers, therefore, be it
RESOLVED, That Common Council directs Department Heads to issue
memoranda to all employees who are charged with recruiting and
hiring seasonal workers to use whatever is within their power to
hire City residents, particularly women and minorities, for
seasonal jobs, and, be it further
RESOLVED, That Common Council will work together with Department
heads to set in place a permanent policy which will address the
above, and be it further
RESOLVED, That the City Clerk be directed to distribute a copy of
this Resolution to all Department Heads .
Discussion followed on the floor regarding
A vote on the resolution resulted as follows :
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Thorpe : Seconded by Alderperson Gray
RESOLVED, That this Council adjourn into Executive Session to
discuss pending litigation.
REGULAR SESSION:
Common Council reconvened in Regular Session and no actions were
forthcoming.
CALL FOR SPECIAL COMMON COUNCIL MEETING
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That a Special Common Council be called for on May 8 ,
1996 for a public hearing and consideration of an Ordinance
amending Sections 1-1, 325-23, 325-47, and 331-4 of the City of
Ithaca Municipal Code regarding Exterior Property Maintenance,
and consideration of a Resolution regarding 1996 compensation for
Confidential Employees .
Ayes (8) - Johnson, Shenk, Hanna, Gray, Thorpe, Marcham,
Blumenthal, Mackesey
Nay (1) - Ef roymson
Carried (8-1)
ADJOURNMENT:
On a motion the meeting adjourned at 11 : 10 p.m.
Julie Conle Holcomb Alan J. C hen
City Clerk Mayor
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