HomeMy WebLinkAboutMN-CC-1996-06-05June 5, 1996
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. June 5, 1996
PRESENT:
Mayor Cohen
Alderpersons (9) - Shenk, Mackesey, Sams, Efroymson, Johnson,
Blumenthal, Marcham, Gray, Thorpe
EXCUSED:
Alderperson (1) - Hanna
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Planning and Development Director - Van Cort
Building Commissioner - Eckstrom
Superintendent of Public Works - Gray
Acting Police Chief - Barnes
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
City Forester - Hillman
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American Flag.
APPROVAL OF MINUTES:
Approval of the Minutes of the March 6, and April 3, 1996 Common
Council meetings was postponed.
No Council member objected.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning and Economic Development Committee
Alderperson Blumenthal requested the addition of a report from
the Planning and Economic Development Committee.
No Council member objected.
Budget and Administration Committee
Alderperson Shenk requested the addition of Item 15.9 Police
Department Personnel Roster Amendment - Resolution.
No Council member objected.
New Business
City Attorney Geldenhuys requested the addition of Item 19.2 Home
Rule Request for Residential Parking Permits - Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Chapter 325
Entitled "Zoning" of the City of Ithaca Municipal Code,
Permitting Human Service Agencies in B-1 and Lower Zones of Right
Resolution to Open Public Hearing
By Alderperson Johnson: Seconded by Alderperson Blumenthal
RESOLVED, That the Public Hearing to Consider an Ordinance
Amending Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code, Permitting Human Service Agencies in B-1 and
Lower Zones of Right, be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing
June 5, 1996
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to Consider an Ordinance
Amending Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code, Permitting Human Service Agencies in B-1 and
Lower Zones of Right, be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Bicycle Safety Issues
Mr. David Nutter, City of Ithaca, addressed Council regarding
bicycle user safety issues on Mitchell Street. He urged Council
to reconsider the proposed plan that will not allow a bicycle
path on Mitchell Street.
Drug Investigators
Ms. Marianne Marsh, City of Ithaca, addressed Council regarding
the recent police raid on Madison Street in which handguns, drugs
and a large amount of money was seized. She stated that the
Northside neighborhood feels very strongly that additional drug
investigators are needed.
Ms. Bonnie Blanding-May, City of Ithaca, stated that the
Northside neighborhood is very pleased with the recent drug
enforcement efforts. She noted her concerns about public
perceptions that the Northside is not a good place to live, and
asked that the media assist in re-enforcing public confidence in
the neighborhood. She further urged Council to consider
increasing assistance to youth in the community.
Proposed Sale of Radio Stations
The following people spoke in opposition to the proposed sale of
radio stations WTKO and WQNY to Eagle Broadcasting and urged
Council support:
Mr. Will Burbank, Town of Ithaca
Mr. Benjamin Nichols, City of Ithaca
Mr. Donald Lifton, Town of Ithaca
Mr. Tim Allen, City of Ithaca
Ms. Elizabeth Dissin, City of Ithaca
Skate Boarding Project
Mr. Jeff Furman, City of Ithaca, and a group of youth addressed
Council to express the need for a skateboarding/in-line skating
park. They identified several sites that were available for
renovation, and described the advantages and disadvantages of
each site. They stated an area of 130' x 150' would be needed.
Mr. Furman explained various fund raising plans, and noted that
the group has already shown a $600. profit.
Route 96 Project/Central Business District Signage
Mr. John Schroeder, City of Ithaca, addressed Council regarding
rumors concerning the loss of parking on West Buffalo Street in
conjunction with the Route 96 project. He stated that the loss
of parking on the 600 block of West Buffalo Street was in the
plan from the Draft Environmental Impact Statement in 1988, and
the information was on maps posted in City Hall for several years
before the project was approved in 1994. He further noted that
the City worked diligently with neighborhood groups and
businesses in that area to modify the project to mitigate impacts
in that neighborhood. Mr. Schroeder stated that the City removed
parking from the 500 block of West Buffalo Street that was
wrested from the 96 project to help the residents on the 600
block of West Buffalo Street.
Mr. Schroeder further stated that merchants have mentioned
concerns to him regarding the lack of signage that exists to
announce the Central Business District on Meadow Street. He
volunteered his services to assist the City on the signage issue
June 5, 1996
as well as working with Planning staff in trying to find ways to
further mitigate the impacts on neighborhoods and businesses in
the Route 96 construction area.
Mr. Paul Sayvetz, City of Ithaca, encouraged Council to look for
ways to mitigate the effects of the Route 96 project.
DOORS (DOMESTIC OFFENDERS RE-EDUCATION SERVICE) PROGRAM
Ms. Marie-Lucile Mauboussin, DOORS Coordinator, explained that
the DOORS program is losing funding due to State tax cuts. She
urged Council to support the request for funding resolution.
Ms. Marge Dill, with the Human Services Coalition, spoke to
Council on behalf of the DOORS Program. She stated that the
County has agreed to fund $11,000. She asked Council to support
DOORS request for funding.
Red Cross Emergency Shelters
Mr. Guy Gerard, City of Ithaca, addressed Council regarding the
Red Cross Shelter closings resolution. He stated that he has
worked at the Lake Street shelter for five years, and to his
knowledge the Red Cross has never turned people away from the
shelters. He urged Council to support the resolution.
RESPONSE TO PUBLIC:
Alderpersons Mackesey, Johnson, Blumenthal and Efroymson
responded to the comments made regarding the bicycle path on
Mitchell Street.
Alderperson Mackesey responded to comments made about the removal
of parking in conjunction with the Route 96 project.
Alderperson Blumenthal asked Mayor Cohen what the next step is
for the proposed skateboard park.
Mayor Cohen responded that several sites are being considered. A
preferred site is the Marcels Flat block near GIAC and
discussions have taken place with Ithaca City School District
staff. If this site is acquired, the project may evolve into a
teen recreation center with the skateboard park being just one
component. He further stated that he has not made any statements
or agreements that would commit the City to funding this project.
Alderperson Mackesey reported that people who are interested in
writing letters to the FCC in regard to the radio station merger,
should forward them to:
Mr. William Canton, Secretary of FCC
Federal Communications Commission
Suite 222
1919 M Street NW
Washington, D.C. 20554
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
Disability Advisory Council (DAC)
Mr. Larry Roberts, Vice Chair of the DAC, reported to Council on
the following issues:
DAC appreciation of Council approval of the dog ordinance
amendments
DAC support of sidewalks on Esty Street
The DAC would like to work with the Engineering Department
regarding the improvement of curbcuts
The DAC would like to review the 1997 Capital Projects list and
submit input
The Fingerlakes Independence Center, Senior Citizens Center,
Tompkins County Office for the Aging and their care givers
June 5, 1996
resource center is sponsoring a "Try It Out Day" which is a
chance for people to come and try out various adaptive equipment
including wheelchairs, scooters, etc. It will be held on June 13
from 1:00 p.m. to 3:00 p.m. at the Senior Center.
Board of Public Works
Commissioner Reeves reported on the following actions:
The Board approved the Drop-In Children's Center request for use
of State Street bricks
The Board approved the Farmers' Market contract for use of the
metered zone on North Cayuga Street at DeWitt Park for the 1996
Tuesday market season
The Board will hold a public hearing on the Esty Street sidewalks
project
The Board approved removal of a parking meter in front of the
Ithaca Town Hall on East Seneca Street, and replaced it with a 15
minute zone
The Board approved the removal of one parking meter at the
Clinton House on North Cayuga Street, and one meter at the
Clinton House on West Seneca Street and replaced them with 15
minute zones to aid visitor access to the Information Center and
theater box offices in the Clinton House
The Board approved installation of parking meters at the Tompkins
County Courthouse on North Tioga Street
The Board approved the final report of the Cass Park Ballfield
Lights Committee and supported the Committee's recommendation to
replace the existing lights from the $45,000 capital project that
was approved by Council
The Board approved the final plans for the reconstruction of the
400 and 500 blocks of Mitchell Street at a pavement width of 24
feet
The Board approved a joint feasibility study with Cornell
University regarding reconstruction of and responsibility for
upper University Avenue between the Johnson Art Museum and the
intersection of East Avenue and Forest Home Drive
The Board approved the Sciencenter's proposed Planet Walk
COMMUNICATIONS FROM THE MAYOR:
Letter to City Forester Andrew Hillman
Mayor Cohen read a letter that was sent to City Forester Andy
Hillman from the Downtown Business Women, thanking him for the
presentation he gave at their March meeting.
Mayor Cohen stated that he accepted an award at the annual NYCOM
dinner, on behalf of the City of Ithaca for its tree works
program. He thanked City Forester Hillman and his crew for all
of their efforts with this program. Mayor Cohen presented Mr.
Hillman with the plaque from NYCOM.
REPORT OF THE CITY CONTROLLER:
City Controller Cafferillo stated that an article appeared in the
Ithaca Journal which depicted Ithaca as one of the top 10 cities
in the country which were hellish places to retire to, and has
extremely high tax burdens. He said he has spoken to one of the
authors of the article and she will provide the City with a copy
of the book this data appeared in, and he will review the
comparisons within the book and present a data supported
rebuttal.
REPORT OF THE CITY ATTORNEY:
Sage Hall Appeal
June 5, 1996
City Attorney Geldenhuys reported that the Sage Hall appeal was
argued in Albany and a decision is expected within the next 30
days.
Wal-Mart Appeal
City Attorney Geldenhuys reported that East Coast Development did
not file an appeal within its required time allowance under the
statute. She stated that the City has heard nothing further
about the appeal or a threatened suit for damages.
COMMUNITY ISSUES COMMITTEE:
* 17.1 Stand For Children
The City of Ithaca and Common Council believe happy, healthy and
educated children are the most important fabric of our community
and our future.
Resolution
By Alderperson Sams: Seconded by Alderperson Mackesey
WHEREAS, we support the Children's Defense Fund, Marian Wright
Edelman, and 750 other sponsors and coordinators in the concept
of Stand for Children, and
WHEREAS, Stand for Children will be a national day of commitment
to children, a celebration, and day of community renewal, when we
will stand together as Americans from every race, region, income,
age and faith. On June 1, 1996, we will transcend our
differences, and affirm what unites us as a people: a loving
desire to raise moral, healthy, and educated children; a sense of
fairness; and a belief that in the richest and most powerful
nation on earth no child should be left behind; now, therefore,
be it
RESOLVED, That $500. be taken from the Mayor's budget to sponsor
seats on the bus to the March on Washington, and be it further
RESOLVED, That the $500. be replaced by transferring $500. from
Unrestricted Contingency into the Mayor's budget.
Carried Unanimously
* 17.2 Support of DOORS Program
The City of Ithaca, and Common Council believe that Domestic
Violence destroys women and children's lives, and the City of
Ithaca is committed to keeping families happy, healthy and whole.
Resolution
By Alderperson Sams: Seconded by Alderperson Mackesey
WHEREAS, The Domestic Offense Offenders Re-education Service
(DOORS) program is the one and only program in the City of Ithaca
and Tompkins County geared for men who batter female companions,
and
WHEREAS, the Task Force for Battered Women, Tompkins County
Probation Department, Department of Social Services, Law
Guardian's Office, District Attorney's Office, City Prosecutor's
Office and all Law Enforcement Agencies support the DOORS
program, and
WHEREAS, The DOORS Program is in jeopardy because of the lack of
funding and the need of $18,865. to keep the program running for
a seven month period, and
WHEREAS, the DOORS Program will also be asking Tompkins County
for a portion of this funding and will work with the Human
Services Coalition over the next seven months to establish a plan
for future funding; now, therefore, be it
RESOLVED, That $7,000. be taken from Unrestricted Contingency to
help stabilize and support the DOORS program.
June 5, 1996
Alderpersons Blumenthal Johnson, and Marcham stated their support
for the program but opposes the resolution because there are
other avenues for the program to follow for funding.
Alderpersons Shenk, Thorpe, Sams and Mackesey spoke in favor of
short-term funding for the program.
A vote on the resolution resulted as follows:
Ayes (6) - Mackesey, Sams, Gray, Shenk, Efroymson, Thorpe
Nays (3) - Marcham, Blumenthal, Johnson
Carried (6-3)
* 17.4 Red Cross Shelter Closings
By Alderperson Sams: Seconded by Alderperson Marcham
WHEREAS, the community has long looked to the Red Cross as a
leader in providing services to homeless people, and
WHEREAS, the Red Cross chapter receives aid from the City of
Ithaca for the Friendship Center and homeless shelter programs,
shelter reimbursements from Tompkins County through the
Department of Social Services, and support from the public
through the United Way, and
WHEREAS, other agencies, including the Task Force for Battered
Women and Offenders Aid and Restoration have identified potential
problems that will arise if the Red Cross shelter is closed, and
WHEREAS, the local human services community has proven their
ability to work together to find the best ways to meet the needs
of people in our area, and
WHEREAS, the sudden decision to close the Lake Avenue shelter
July 31, 1996, does not allow adequate time for a strategy to be
created and put in place; now, therefore, be it
RESOLVED, That the Ithaca Common Council urges the Red Cross to
delay closing the Lake Avenue shelter until community dialogue on
issues of homelessness and the effects of closing the shelter has
taken place.
Alderperson Marcham stated that she is Secretary of the Red Cross
Chapter's Board of Directors, and the Board has stated that they
are not opposed to this resolution. The Board wants the
community to fully understand why the Lake Avenue shelter will be
closing, and has indicated that if the situation is markedly
changed regarding the need for shelter for the homeless, it would
re-open the shelter.
A vote on the resolution resulted as follows:
Carried Unanimously
* 17.3 Sale of Local Radio Stations to Eagle Broadcasting Corp.
By Alderperson Sams: Seconded by Alderperson Efroymson
WHEREAS, Eagle Broadcasting Corp. currently owns WHCU and WYXL
radio stations, and
WHEREAS, Eagle Broadcasting Corp. has applied for FCC approval to
purchase WTKO and WQNY, and
WHEREAS, it is the strongly held belief of Common Council that
any transfer of ownership should be done in a way that serves the
broad public interest and does not promote monopolistic control
in the commercial sector of local airwaves, and
WHEREAS, Common Council believes that a merger of these four
radio stations under one owner would create a harmful
June 5, 1996
concentration of economic and political power in this community,
and
WHEREAS, this merger could result in higher rates for advertising
and the loss of jobs, significantly reduced competition in local
radio and broadcast news, a loss of locally-produced programming,
a loss of political and cultural diversity, among other outcomes;
now, therefore, be it
RESOLVED, That Common Council urges the FCC to deny the sale of
WTKO and WQNY to Eagle Broadcasting Corp., and be it further
RESOLVED, That the City Clerk forward a copy of this Resolution
to the Federal Communications Commission.
Alderperson Efroymson requested that the record show that he is
one of the petitioners to the FCC trying to deny this sale. He
stated that he has been advised by both the City Attorney and
private counsel that it is appropriate for him to act in the
public's interest by both discussing this resolution and voting
on it.
A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 16.1 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
By Alderperson Blumenthal: Seconded by Alderperson Johnson
ORDINANCE 96 - 9
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 - An organization providing assistance to
people in obtaining services to meet their 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.
Services may not include the provision of alcohol, or programs
which are conducted after p.m.
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.
Section 2. Section 325-8 of Article II, entitled “Zoning
Districts,” is hereby amended to add the following:
Section 325-8. District Regulations Chart.
B-1, col. 2: add “Human service agencies and centers.”
B-1, col. 4: add “Human service agencies and centers, as
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."
June 5, 1996
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.
Discussion followed on the floor regarding the program time
limits.
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Johnson
RESOLVED, That the last sentence of the "Human Service Agency"
definition be amended to read as follows:
"Services may not include the provision of alcohol."
Carried Unanimously
Alderperson Efroymson requested that the record show that he is
an employee of R.S.V.P. whose parent agency is the Senior Citizen
Center. He stated that he does not believe that this ordinance
has any financial impact on him, and has been advised by the City
Attorney that as long as this information is disclosed, he may
vote on the Ordinance.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed at 9:15 p.m. and reconvened at 9:30 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 Common Council - Approval of 1997 Guidelines for Community
Service Funding
By Alderperson Shenk: Seconded by Alderperson Thorpe
WHEREAS, the City of Ithaca has in the past appropriated funds to
agencies for cultural enrichment, economic promotion, and other
purposes aside from human services, and
WHEREAS, the Common Council intends that all such requests be
subject to a standardized review process; now, therefore, be it
RESOLVED, That the Budget & Administration Committee of Common
Council be authorized to review all 1997 requests for non-
mandated city funding from private, non-profit agencies that are
not subject to Human Services Coalition review, and be it further
RESOLVED, That the following requirements and criteria shall be
applied to all such requests:
Requirements
1. All applications for 1997 funding must be submitted in
writing to the City Controller by July 15, 1996.
2. Each application must include a statement that explains how
the activity proposed for City funding will benefit the social,
cultural, economic, and/or environmental well being of city
residents, in terms as specific as possible. Information
presented should include the groups or individuals to be served,
the number of people to benefit from the activity, and the
duration of the benefit (long term or short term).
3. a. Each application must include budgets for 1996 and
1997, financial reports from 1994 and 1995, and an
enumeration of other funding sources.
June 5, 1996
b. The applications should also include a count of
individuals served, by municipality, for prior years,
and a report on any positive impacts and benefits.
c. The application must include a description of methods for
measuring positive outcomes from 1997 funding.
Criteria and Evaluation Scoring
The Committee shall assign points for the degree to which the
proposed use of City funds meets each of the following criteria.
If the applicant does not supply sufficient information for the
Committee to make a judgment, the proposal shall receive zero
points in each such case.
These criteria and evaluation scores will be used by the Budget &
Administration Committee as guidelines in evaluating requests for
funding:
1. The proposed activity will benefit the social, cultural,
economic and/or environmental well being of residents of the City
of Ithaca.
2. a. The proposal will service city residents in proportion to
City funding requested.
b. The sponsor of the proposed activity:
1. has received funding, or
2. is reasonably assured of receiving funding, or
3. has made a good faith effort to receive funding from
the County, appropriate towns, school districts,
or other funding sources in proportion to non-city
residents served.
3. The proposed activity will serve an identified need in the
city and does not duplicate another service.
4. The proposed activity is designed to effectively meet the
needs of those to be benefitted; and the proposal includes
measurable objectives and outcomes.
5. The applicant demonstrates sound management practices.
6. The proposed activity will especially benefit a population in
financial need (i.e., below federal poverty guidelines) or the
disabled.
7. The proposed activity will produce a long-term benefit.
EVALUATION AND SCORING OF COMMUNITY SERVICES FUNDING REQUESTS
Criteria Points
1. Benefit well-being of residents 0 - 10
2a. Serve City residents 0 - 5
b. Sponsor has:
1. Received funding or 3
2. Assured of receiving funding or 2
3. Made good faith effort to receive 1
3. Serves an identified need (not duplicated) 0 - 5
4. Designed to meet needs; includes objectives
and outcomes 0 - 5
5. Sound management practices 0 - 5
6. Benefit financially needy and handicapped 0 - 5
June 5, 1996
7. Long term benefit 0 - 5
RESOLVED, That by September 1, 1996, the Budget & Administration
Committee shall forward its recommendations to the Mayor for
consideration in the 1997 budget.
Carried Unanimously
* 15.2 Cable Commission - Request Funds for Community National
Conference
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, the Cable Commission is recommending that Commissioner
Gitlin be sent to the Alliance for Community Media National
meeting in Arlington, Virginia at a cost of $1,344, and
WHEREAS, the Budget and Administration Committee and Law and
Governance Committee have reviewed the request and are
recommending the approval of the travel at a cost not to exceed
$500, and
WHEREAS, the funding would cover the conference registration,
membership cost and miscellaneous expenses; now, therefore, be it
RESOLVED, That an amount not to exceed $500 be transferred from
Account A1990 Unrestricted Contingency to Account A1315-5440
Finance Staff Development for purposes of sending Cable
Commissioner Gitlin to said conference.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Resolved clause shall read as follows:
"RESOLVED, That an amount up to $840 be transferred from Account
A1990 Unrestricted Contingency to Account A1315-5440 Finance
Staff Development for purposes of sending Cable Commissioner
Gitlin to said conference."
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
* 15.3 Cable Commission - Request 1996 Budget Amendment
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, the current Cable Commission has no 1996 funding
available to provide office expense coverage to the Commission,
and
WHEREAS, the Cable Commission is in need of funds to cover office
expense costs such as; postage, telephone and copying relating to
the refranchising, and
WHEREAS, the Commission has estimated a 1996 funding amount of
$500 for these ongoing office expenses; now, therefore, be it
RESOLVED, That an amount not to exceed $500 be transferred from
Account A1990 Unrestricted Contingency to Account A1315-5460
Finance Program supplies to fund the Cable Commission office
expense for 1996.
Discussion followed on the floor regarding budget procedures.
A vote on the resolution resulted as follows:
Carried Unanimously
* 15.4 DPW - Request Transfer of Funds for Purchase of Meters
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, the meters at the city's wastewater monitoring stations
are outdated and becoming costly to repair, and
WHEREAS, the staff at the Ithaca Area Wastewater Treatment
Facility have recommended that the meters be replaced over the
June 5, 1996
next several years to improve flow data and future cost
allocations, and
WHEREAS, the staff has recommended and the Special Joint Sub-
Committee (SJS) has approved at its March 19, 1996 meeting the
replacement of two meters this year at an estimated cost of
$6,000; now, therefore, be it
RESOLVED, That an amount not to exceed $6,000 be transferred from
Account J1990 Unrestricted Contingency to Account J8150-5225 for
the purpose of purchasing two monitoring station meters.
Carried Unanimously
* 15.5 DPW - Request to Amend Capital Project for 1996 Sidewalk
Program
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, the Department of Public Works has performed an annual
city sidewalk reconstruction program based upon a ten-year
replacement schedule, and
WHEREAS, the Annual Sidewalk Program is estimated to cost $75,000
in 1996, and
WHEREAS, the City has appropriately capitalized the DPW sidewalk
program since 1991; now, therefore, be it
RESOLVED, That Capital Project #249 City Sidewalk Program be
amended by an amount not to exceed $75,000 to repair the current
section of city sidewalks based upon the ten-year sidewalk
replacement schedule, and be it further
RESOLVED, That the funds for said sidewalk reconstruction shall
be derived from the issuance of Serial Bonds.
Carried Unanimously
* 15.6 DPW - Request to Hire Part-time Seasonal Employee for
Sidewalk Program Consulting Service
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, the position of Junior Engineer in the office of the
City Engineer has been vacant and now unfunded as of May 1, 1996,
and
WHEREAS, the Superintendent of Public Works and staff are
recommending that the Engineering Department hire a part-time,
seasonal employee to perform consulting engineering services to
administer the 1996 DPW Sidewalk Capital Program; now, therefore,
be it
RESOLVED, That Toby Krantz be hired as a part-time seasonal
employee at a salary of $7,500 for the period of May 20, 1996 to
August 30, 1996, and be it further
RESOLVED, That said part-time position will perform consulting
engineering services to administer the 1996 DPW Sidewalk Capital
Program, and be it further
RESOLVED, That an amount not to exceed $7,500 to fund said
consulting services, be derived from Capital Project #249 DPW
Sidewalk.
Carried Unanimously
LAW AND GOVERNANCE COMMITTEE:
An Ordinance Amending Sections of Chapter 210 Entitled "Housing
Standards" of the City of Ithaca Municipal Code
By Alderperson Efroymson: Seconded by Alderperson Johnson
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
June 5, 1996
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 Sate 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, be it
ORDINANCE NO. 96 - 10
ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. Section 210-10 of the City of Ithaca Municipal Code is
hereby amended to read as follows:
210-10.A.(1). In one or two family dwellings habitable space
shall have a minimum ceiling height of six (6) feet eight (8)
inches over fifty percent (50%) of the 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.
210-10.A.(2) 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
eighty percent (80%) 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.
210-10.D.(2). Sleeping rooms within dwelling units shall be
separated from each other and from other spaces outside the
sleeping rooms to assure a safe means of egress. Sleeping rooms
shall not be used as the only means of access to other sleeping
rooms or habitable spaces.
Section 2. Section 210-12 of the City of Ithaca Municipal Code is
hereby amended to read as follows:
210-12.A. Height. Nonhabitable space, except crawl spaces and
attics, in multiple dwellings shall have a minimum height of six
(6) feet (8) inches measured from floor to ceiling.
210-12.B.(6). In multiple dwellings, floors of bathrooms, toilet
rooms and similar spaces shall be waterproof. Such waterproofing
shall extend four (4) inches or more above floors, except at
doors, so that floors can be flushed or washed without leaking.
Section 3. Section 210-19.C. of the City of Ithaca Municipal Code
is hereby amended to read as follows:
Garages in or attached to a residential building shall be
separated from other spaces in the building as required by the
June 5, 1996
applicable building code in effect at the time of construction or
renovation which triggered compliance with such code. If no
requirement for such separation at the time of original
construction or renovation exists, then a minimum of one/half
inch gypsum drywall shall be installed on the garage side of the
common wall or ceiling including attic space, if any. Such gypsum
drywall shall be fire-taped. Any openings in the separation
between the garage and the dwelling unit shall be protected by
the installation of a minimum 1 3/8 inch solid wood door or a 20
minute fire door. For the purposes of this sub-section, the
Multiple Residence law shall not apply to buildings remodeled to
multiple dwellings after June 1958.
Section 4. Section 210-25.A.(1) and 210-25.A.(2) of the City of
Ithaca Municipal Code is hereby amended to read as follows:
210-25.A.(1). Residential buildings intended for occupancy
between the first day of September 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-eighty degrees Fahrenheit (68 degrees F.) at a distance of
two (2) feet and more from exterior walls and at a level of five
(5) feet above the floor in habitable spaces, kitchenettes,
bathrooms and toilet rooms. Exceptions to this requirement may be
found in the Federal Fair Housing Act (42USC-3604 sub F). 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.
210-25.A.(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
habitable spaces, kitchenettes, bathrooms and toilet rooms at
sixty-eighty degrees Fahrenheit (68 degrees F.) when the outside
temperature falls below fifty-five degrees Fahrenheit (55 degrees
F.) between the first day of September and the thirty first day
of May. Exceptions to this requirement may be found in the
Federal Fair Housing Act (42USC-3604 sub F).
Section 5. Effective Date. This ordinance shall take effect
immediately in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
Building Commissioner Eckstrom noted that the Landlords
Association is in support of the proposed amendments.
Main Motion
A vote on the main motion resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.7 Finance/Controller - A Local Law Electing a Retirement
Incentive Program
By Alderperson Shenk: Seconded by Alderperson Thorpe
Local Law No. 2 of the Year 1996
City of Ithaca
A Local Law Electing a retirement incentive program as
authorized by Chapter 30, Laws of 1996 for the eligible employees
of the City of Ithaca.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The City of Ithaca hereby elects to provide all
its eligible employees with a retirement incentive program
authorized by Chapter 30, Laws of 1996.
Section 2. The commencement date of the retirement incentive
program shall be September 15, 1996.
June 5, 1996
Section 3. The open period during which eligible employees
may retire and receive the additional retirement benefit shall be
90 days in length.
Section 4. The actuarial present value of the additional
retirement benefits payable pursuant to the provisions of this
local law shall be paid as one lump sum or in five annual
installments. The amount of the annual payment shall be
determined by the Actuary of the New York State and Local
Employees' Retirement System, and it shall be paid by the City of
Ithaca for each employee who receives the retirement benefits
payable under this local law.
Section 5. This act shall take effect upon filing with the
Secretary of State.
Carried Unanimously
* 15.8 City Prosecutor - Request Funds for Substitute City
Prosecutor
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, the City Prosecutor, Linda Falkson, has not taken any
extended vacation time when City Court is in session since she
started her employment with the City of Ithaca in January, 1994;
and plans to take a vacation in June, 1996; and
WHEREAS, the services of an acting City Prosecutor will be
required for at least eight (8) hours to assist her department
during her absence; now, therefore, be it
RESOLVED, That the City of Ithaca shall enter into an agreement
with an Acting City Prosecutor as an independent contractor, to
be reimbursed at the rate of $80.00 per hour, not to exceed a
total of 8 hours, at a total cost not to exceed $640., and be it
further
RESOLVED, That an amount not to exceed $640. be transferred from
Account A1990 Unrestricted Contingency to Account A1110-5435 City
Prosecutor Contracts to fund said contract for services.
Carried Unanimously
Police Department - Personnel Transfer
By Alderperson Shenk: Seconded by Alderperson Gray
RESOLVED, That Bonnie Fiorille's transfer from the Personnel
Office of the Finance Department to the position of Senior Typist
in the Police Department, at an annual salary of $25,633 for
forty hours per week, in accordance with a memorandum of
understanding dated May 20, 1996, effective June 3, 1996, be and
hereby is approved.
Discussion followed on the floor regarding the procedures of
posting vacant positions.
A vote on the resolution resulted as follows:
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Business Improvement District (BID) - Report
Alderperson Blumenthal reported that the committee heard an
informal report by members of the BID Steering Committee at their
last meeting. The BID is going to be smaller in geography and
more limited in scope than the effort in 1993. The three
components of the BID plan are retail promotion and marketing,
which includes promotional events and regional and local
advertising; business retention and development, emphasizing
programs that will strengthen and expand existing businesses and
also work to attract complimentary new businesses where vacancies
exist at the moment; and advocacy for improved government
June 5, 1996
services, the B.I.D. will work for an improved level of services
from the City. A Memorandum of Understanding and base line
agreement will be agreed upon prior to the adoption of the B.I.D.
The areas of government services that are targeted for
improvement are related to parking, which includes improved
parking management and parking policies; public safety concerning
an increase in the presence of police who are trained
specifically on some of the downtown issues; higher maintenance
standards for the garages and public spaces; and redevelopment of
empty and underutilized buildings.
The BID Plan calls for an assessment to be levied against City
and County property within the BID area. The City owns 14
properties within the boundaries of the proposed BID, which have
an assessed value of approximately $30 million, of which
approximately $23 million are attributed to the Seneca and Green
Street garages. That translates into approximately $25,000 per
space in each garage which is nearly double what the replacement
cost would be to construct a new garage. The City has filed an
appeal with the County Board of Assessment. If the appeal is
successful the City's portion of the BID assessment would be
approximately $25,000.
A Memorandum of Understanding between the BID and the City is
being drafted confirming that the level of City services within
the BID area will not be diminished once the BID is established.
Sciencenter
Alderperson Blumenthal reported that the Sciencenter is planning
a Phase III expansion program for construction of a 10,000 sq.
ft. building that will be located next to their existing building
and will provide additional parking. The site is currently owned
by the City and is approximately .9 acres. They are requesting
that the City sell the northern half of the parcel that they
currently occupy for $1.00. The Sciencenter is asking the City
to take into consideration the fact that over a half of a million
dollars of direct and indirect benefits would be provided to the
City over a ten year period including the youth who are served by
the Youth Alive program, free family memberships to members of
the City's Saturday Math and Science Academy, sales tax revenues
from tourists, and demolition costs for two on-site DPW
buildings.
The Sciencenter has plans underway for the construction of a
pedestrian/bicycle bridge across Cascadilla Creek at Willow
Avenue, and they are also working on a public science exhibit,
which is a walking model of the solar system, that will begin at
the Commons and extend through the City's neighborhoods to the
Sciencenter. The total costs for these projects is approximately
$500,000.
West End Parking - Report
Alderperson Blumenthal reported that the committee talked about
long-term needs for the West End. The committee specifically
discussed the removal of on-street parking on Green and Seneca
Streets, and the possibility of restoring parking on one side of
both streets. The City needs to discuss this matter further with
the NYSDoT.
Cynthia Yahn, a West End business owner, will be conducting a
survey of representatives of approximately 100 businesses west of
Meadow Street, to inventory their present parking arrangements,
and assess their future parking needs. The committee will
discuss the results of that survey when available.
Transfer of Land to Hangar Theater - Report
Alderperson Blumenthal reported that Doria Higgins, representing
Citizens to Save Our Parks, spoke to the committee regarding the
transfer of a small parcel of land to the north of the Hangar
Theater for use by the theater. Mr. Tom Niederkorn addressed the
June 5, 1996
committee on behalf of the Hangar Theater Board and stated that
the Hangar is in support of the improvements to the Marina,
including the changes to the road. The important issue to
theater is that they have improved access to the building.
Alderperson Blumenthal further reported that the committee asked
Planning Director VanCort to discuss the issue of the Hangar
Theater access with State Parks further, and to inquire whether
alienation is necessary if the parcel that Ms. Higgins described
is transferred to the City. The Committee is also interested in
the process that the State will be undertaking for the Treman
Master Plan.
SEQRA/CEQR
Alderperson Blumenthal reported that City Attorney Geldenhuys
addressed the committee regarding the difficulties caused by the
changes to the State SEQRA which was adopted earlier this year.
The changes in the law have created inconsistencies between the
City's CEQR and the State's SEQRA, particularly with respect to
the expansion of the State's Type II List. An intern has been
hired to compare the two laws, identify inconsistencies, and
analyze possible amending legislation. The basic decision for
Council consideration will be whether to rescind or amend the
City CEQR. The Conservation Advisory Council is not in favor of
rescinding the CEQR.
Tompkins County Memorandum of Understanding Regarding Block 14
Alderperson Blumenthal reported that Tompkins County may request
modifications to the parking arrangements that were approved in
the Memorandum of Understanding for Block 14. The Committee is
expecting to hear a new proposal at the June 17, 1996 meeting.
LAW AND GOVERNANCE COMMITTEE:
* 18.2 Call for RFP for Telecommunications Franchise Consulting
By Alderperson Efroymson: Seconded by Alderperson Gray
WHEREAS, the Ithaca Cable Commission passed a unanimous
resolution calling for a Request for Proposals (RFP's) to assist
the City in developing and negotiating the next
telecommunications agreement, and
WHEREAS, this process mirrors our previous negotiations which
resulted in a contract that was vastly superior to our previous
contract, and
WHEREAS, the Intermunicipal Cable Commission is discussing the
cost of sharing aspects of this consulting assistance; now,
therefore, be it
RESOLVED, That Common Council authorizes the Ithaca Cable
Commission, to prepare an RFP (consulting cost shall not exceed
$100,000), to develop and negotiate a new telecommunications
franchise agreement, and, be it further
RESOLVED, That the Cable Commission coordinate this work with the
City Attorney's office.
Alderperson Efroymson noted that the City fully assumes that the
$100,000. fee will be shared with municipalities across the
County.
Mayor Cohen stated that the consultant's fee should be negotiated
with the companies as it was in the past.
A vote on the resolution resulted as follows:
Carried Unanimously
Alderperson Thorpe left the meeting at 10:45 p.m.
NEW BUSINESS:
* 19.1 A Local Law Adding a New Section (3) to Section C-5E of
the Ithaca City Charter Regarding Residency of Public Officers
June 5, 1996
By Alderperson Efroymson: Seconded by Alderperson Shenk
LOCAL LAW NO. 3 OF THE YEAR 1996
BE IT ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. Section C-5. E. is hereby amended to add the
following subsection (3):
C-5. E. (3)
To the extent that any of the provisions of this Charter,
Chapters of the Municipal Code, or Resolutions of Common Council
establish residency requirements for public officers which are
more expansive than those established by N.Y.S. Public Officers
Law Section 3, it is the intention of Common Council to supersede
Public Officers Law Section 3 to the maximum extent permitted by
any applicable "special law" exceptions to the Public Officers
Law which are in existence now or which may be adopted hereafter.
Section 2. Effective Date. This local law shall take effect
immediately after filing in the Office of the Secretary of State.
Carried Unanimously
* 19.2 Home Rule Request for an Act to Authorize a Residential
Parking Permit System in the City of Ithaca
By Alderperson Blumenthal; Seconded by Alderperson Johnson
WHEREAS, a special law entitled "An Act to amend the Vehicle and
Traffic Law, in relation to authorizing a residential parking
system in the City of Ithaca in the County of Tompkins", Assembly
No. A-9657-A, and Senate No. 6741-A, have been introduced in the
New York State Legislature; now, therefore, be it
RESOLVED, That the Mayor and the City Clerk are hereby authorized
and directed to file a Home Rule Request with the New York State
Legislature requesting that it enact the above-referenced special
law entitled "An Act to amend the Vehicle and Traffic Law, in
relation to authorizing a residential parking system in the City
of Ithaca in the County of Tompkins", Assembly No. a-9657-A, and
Senate No. S-6741-A.
City Attorney Geldenhuys explained that concerns were raised by
the Assembly Sub-committees reviewing the legislation. The sub-
committees amended some of the original wording, but the parking
permit area remains the same.
A vote on the resolution resulted as follows:
Carried Unanimously
ADJOURNMENT:
On a motion the meeting was adjourned at 10:55 p.m.
Julie Conley Holcomb, Alan J. Cohen,
City Clerk Mayor