HomeMy WebLinkAboutMN-CC-1996-08-07August 7, 1996
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. August 7, 1996
PRESENT:
Acting Mayor Thorpe
Alderpersons (9) - Shenk, Mackesey, Hanna, Efroymson, Sams,
EXCUSED:
Mayor Cohen
OTHERS PRESENT:
City Clerk - Conley-Holcomb
City Controller - Cafferillo
City Attorney - Geldenhuys
Planning and Development Director - Van Cort
Deputy Planning and Development Director - Sieverding
Community Development Administrator - Stevenson
Building Commissioner - Eckstrom
Fire Chief - Wilbur
Acting Police Chief - Barnes
Superintendent of Public Works - Gray
Youth Bureau Director - Cohen
Board of Public Works Commissioner - Reeves
Commons Coordinator - Deming
PLEDGE OF ALLEGIANCE:
Acting Mayor Thorpe led all present in the Pledge of Allegiance
to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning and Economic Development Committee
Alderperson Blumenthal requested the addition of Item 18.8 -
Disposition of City Hall Annex Building - Resolution.
Alderperson Blumenthal further requested that Item 18.4 be
deleted from the agenda.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider the Downtown Ithaca Business
Improvement District (BID) Plan
Resolution to Open Public Hearing
By Alderperson Shenk: Seconded by Alderperson Mackesey
RESOLVED, That the Public Hearing to consider the Downtown Ithaca
BID Plan be declared open.
Carried Unanimously
The following people addressed Council in favor of the Downtown
Ithaca Business Improvement District Plan:
Art Pearce - Town of Ithaca
Richard Driscoll - Town of Newfield
Albert Smith - City of Ithaca
Carolyn Grigorov - Town of Ithaca
Alan Nemcek - Town of Ithaca
Charles Schlough - Town of Ulysses
Bill Benedict, Town of Ithaca, addressed Council in opposition of
the Downtown Ithaca BID Plan.
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Public Hearing to consider the Downtown Ithaca
BID Plan be declared closed.
Carried Unanimously
Public Hearing to consider the Reprogramming of Community
Development Block Grant Funds for the Import Replacement Program
August 7, 1996
Resolution to Open Public Hearing
By Alderperson Gray: Seconded by Alderperson Shenk
RESOLVED, That the Public Hearing to consider the Reprogramming
of Community Block Grant for the Import Replacement Program be
declared open.
Carried Unanimously
Community Development Administrator Stevenson explained the
Import Replacement Program.
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Mackesey: Seconded by Alderperson Sams
RESOLVED, That the Public Hearing to consider the Reprogramming
of Community Development Block Grant Funds for the Import
Replacement Program be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Allan H. Treman Marina
The following people addressed Council in opposition of the
proposed expansion, and new entrance road at the Allen H. Treman
State Marine Park:
Ms. Doria Higgins, Town of Ithaca
Ms. Susan Titus, Town of Ithaca
Ms. Barbara Warland, City of Ithaca
Ms. Janice Putnam, Town of Ithaca
Ms. Betsy Darlington, City of Ithaca
Ms. Ruth Michener, Town of Ithaca
Mr. Guy Gerard, City of Ithaca
Ms. LeMoyne Farrell, City of Ithaca
Proposed Expansion of the Sciencenter
The following people addressed Council in favor of the proposed
Sciencenter expansion:
Ms. Ilma Levine, Town of Dryden
Ms. Deborah Levin, Town of Dryden
Mr. Aaron Sadoff, Town of Dryden
Mr. Charles Wolcott, Town of Dryden
Police Training Funding
Mr. Terrence Calhoun, City of Ithaca, addressed Council in favor
of additional funding for Police training.
Trash Tag Increases
Mr. Guy Gerard, City of Ithaca, addressed Council in opposition
to the proposed trash tag fee increase.
Reprogramming of the Community Block Grant for the Import
Replacement Program
Ms. Terri Nicholetti Garrison, Town of Ithaca, addressed Council
in support of the reprogramming of the Community Block Grant for
the Import Replacement Program.
West End Business District
Ms. Cynthia Yahn, City of Ithaca, addressed Council regarding the
West End Business District plan. She informed Council that "the
working group" has been formed and is meeting weekly, and thanked
Mayor Cohen and Alderperson Blumenthal for their continued
support.
RESPONSE TO THE PUBLIC:
Treman Marina
Alderpersons Blumenthal, Mackesey, and Efroymson responded to the
comments made regarding the expansion of Treman Marina.
West End Construction
Alderperson Sams requested that the West End Committee consider
the concerns of the area residents regarding the removal of
parking, and having to park two or three blocks from their homes.
August 7, 1996
Trash Tags
Alderperson Shenk reported that the trash tag issue will be
addressed at the Budget and Administration Committee meeting.
She noted that this subject will be discussed further with the
Board of Public Works as well.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Six Mile Creek Gorge Committee
Vice-Chair Ramage requested that Council maintain the Committee's
budget of $10,700. She explained that over $7,000 of this budget
is used to fund the two gorge ranger positions that work from
Memorial Day through Labor Day. Ms. Ramage further explained
that the remaining funds are expended on items such as education
and maintenance.
Board of Public Works
Vice-Chair Reeves reported to Council on the following matters:
--An encroachment agreement was granted on Pearl Street;
--Approved the award of bid for granite curbing
--Approved the removal of a crosswalk on West Court Street at
GIAC
due to safety concerns;
--Approval of the 1995 sidewalk assessments;
--Free bus passes for City employees will be continued;
--Approved the proposed handball court at the Wood Street Park,
with CDBG funding;
--1997 budget review process
Board of Fire Commissioners
Commissioner Yahn reported that the initial response to the
AmeriCorps grant that the Ithaca Fire Department received has
been very positive and it appears that we may have a full bunker
program for the first time in many years.
Ms. Yahn stated that resource reallocation project was
implemented August 1, 1997.
COMMUNICATIONS:
Enforcement of Noise Ordinance
Alderperson Efroymson thanked Acting Police Chief Barnes for
preparing a press release regarding the enforcement of the noise
ordinance. He noted that the police will be strictly enforcing
the ordinance regarding sound amplification devices.
REPORT OF THE CITY CLERK:
* 12.1 Re-Designation of Polling Locations
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the following amendments be made to the 1996
polling locations designation:
Third Ward, 1st District: Robert Purcell Union, Cornell
Fourth Ward, 1st District: Class of `28 Hall, Cornell
University
Fifth Ward, 1st District: Fall Creek School
Carried Unanimously
REPORT OF THE CITY CONTROLLER:
1997 Budget
City Controller Cafferillo reported that, as requested, the
Ithaca Journal printed a correction to the article that portrayed
the appropriated fund balance that was approved as part of the
1996 budget of $557,264 as a deficit. He further explained that
if all estimated revenues are received, and, if all estimated
expenditures are actually utilized, that the $557,264 would be
used, but it is not a deficit.
City Controller Cafferillo stated that in order to make this
information easier to understand, he has prepared revised spread
August 7, 1996
sheets that show the amended operating budget next to the actual
expenditures for the years 1991 - 1995.
Recycling Program
City Controller Cafferillo reported that the low bid for the
recycling program was Superior Disposal at $11.88 per household
per year.
Discussion followed on the floor regarding the City's bid.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 18.1 Transfer of City-owned Land to Ithaca Urban Renewal
Agency
(for Sciencenter)
By Alderperson Blumenthal: Seconded by Alderperson Gray
WHEREAS, the following action is undertaken for the purposes of
the Urban Renewal Law, as set forth in Article 15 of the General
Municipal Law, and the purposes of the Urban Renewal Plan of the
City of Ithaca; now, therefore, be it
RESOLVED, That the City of Ithaca transfer to the Ithaca Urban
Renewal Agency a parcel of land located in the City of Ithaca and
encompassing the easterly portion of City of Ithaca tax parcel
number 25-2-1, being the portion of the said tax parcel not
included in a lease agreement between the City of Ithaca and the
Sciencenter, Inc. (a/k/a the Science Discovery Center of Tompkins
County, Inc.) dated August 6, 1993.
Alderperson Blumenthal explained that the Sciencenter is
requesting acquisition of city-owned land, in order to build a
10,000 square foot addition to the present structure. She stated
that in exchange for the property they are offering over $500,000
of services including services to City residents and at-risk
youth in downtown neighborhoods.
Alderperson Blumenthal noted that because the land will be sold
for less than market value, the IURA will follow its regular
procedures for selling land including the appropriate public
notice. The proposed agreement includes the Sciencenter
acquiring the title to the land on January 1, 1999, and that a
flexible schedule will be determined to allow the DPW to remain
on-site until the ground breaking which will probably not occur
until the Fall of 1999.
Extensive discussion followed on the floor with Superintendent
Gray and City Attorney Geldenhuys answering questions from
Council members.
A vote on the resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.1 Common Council - Request to Transfer Funds for Diversity
Training
By Alderperson Marcham: Seconded by Alderperson Hanna
WHEREAS, the Mayor's Task Force on Diversity has met with the
Police Department and the community, and is recommending that
trainers be hired to consult with the Police Department on
Diversity Training, and
WHEREAS, it has been estimated that the training services for the
diversity training will be $7,500 and the Police overtime needed
for said training will cost $5,778, with the total training cost
at $13,278; now, therefore be it
RESOLVED, That an amount not to exceed $13,278 be transferred
from Account A1990 Unrestricted Contingency to Accounts A3120-
5125 Police Overtime $5,778, and A3120-5435 Police Contractual
$7,500 for purposes of funding the cost of diversity training and
related Police staff costs.
August 7, 1996
Discussion followed on the floor regarding future training
commitments.
A vote on the resolution resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed at 9:00 p.m. and reconvened in regular
session at 9:10 p.m.
COMMUNITY ISSUES COMMITTEE:
* 15.1 Recreation Partnership - Resolution to Tompkins County
Board of Representatives
By Alderperson Sams: Seconded by Alderperson Efroymson
WHEREAS, the Towns of Caroline, Danby, Dryden, Enfield, Ithaca,
Groton, and Ulysses as well as the Village of Lansing and the
City of Ithaca have established a Recreation Partnership in an
atmosphere of strong intermunicipal cooperation, and
WHEREAS, the City has closed followed the progress of and
strongly supports this partnership, and
WHEREAS, the City has demonstrated its support both by cutting
the overall budget and assuming the sole responsibility for some
aspects of the budget, and
WHEREAS, this Recreation Partnership serves a very large
percentage of the children and families in Tompkins County, and
WHEREAS, the programs and activities provided by this partnership
create a strong foundation for the good health and well being of
the children and families in the county, and
WHEREAS, the Partnership has led to a dramatic increase in
participation in the Recreation Programs, and
WHEREAS, the Partnership has led to a greater variety and greater
geographical distribution of high quality programs to children
and families, and
WHEREAS, in order to continue this partnership the participating
municipalities are relying on the continued financial support of
Tompkins County, and
WHEREAS, the County has continually expressed a strong interest
in encouraging such intermunicipal partnerships, and
WHEREAS, The Recreation Partnership Board established by the
participating municipalities strongly supports the County's
continued involvement in this project; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council strongly urges
the Tompkins County Board of Representatives to continue its
crucial financial support of the Recreation Partnership and
contribute the sum of $35,000 in the coming year for the
continuation of the Partnership.
Extensive discussion followed on the floor with Youth Bureau
Director Cohen noting that the Mayor has sent a letter along with
a draft of this Resolution to the involved municipalities
recommending that they forward something similar to the Tompkins
County Board of Representatives.
Amending Resolution
By Alderperson Mackesey: Seconded by Alderperson Marcham
RESOLVED, That a Resolved clause be added to read as follows:
"RESOLVED, That the City of Ithaca Common Council supports a
August 7, 1996
joint resolution of the members of the partnership be sent to the
Tompkins County Board of Representatives".
Discussion followed on the floor regarding the municipalities
presenting a united front.
The amending resolution was withdrawn by Alderpersons Mackesey
and Marcham.
A vote on the Resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.6 GIAC - Request to Amend Authorized Personnel Roster
By Alderperson Marcham: Seconded by Alderperson Gray
WHEREAS, the GIAC Director and staff have reviewed the
department's current organization and are recommending that a
reorganization of personnel is appropriate, and
WHEREAS, the reorganization will enhance academic and
recreational programming opportunities to better serve the
identified needs of G.I.A.C. participants, and
WHEREAS, the GIAC Director has recommended that two currently
vacant positions be filled and two positions be upgraded to
reflect the employees' current duties and qualifications; now,
therefore, be it
RESOLVED, that GIAC's 1996 Personnel Roster shall be amended as
follows:
Add:
One (1) Youth Worker (Youth) 35 hours $17,072
One (1) Youth Development Program
Leader (Teen) 17 hours $ 9,102
One (1) Assistant Recreation
Supervisor (Recreation) 35 hours $18,122
One (1) Youth Worker (Teen) 35 hours $17,072
Delete:
One (1) Education Instructor
(Youth) 35 hours $19,256
One (1) Youth Development
Program Leader (Teen) 35 hours $27,072
One (1) Recreation Leader
(Recreation) 17 hours $ 8,150
One (1) Youth Development
Program Leader (Teen) 35 hours $18,739
and be it further
RESOLVED, That the said staff reorganization will be effective
August 12, 1996, with all necessary funding or savings being
derived within existing GIAC 1996 Budget amounts.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 18.2 Authorizing a CDBG Reprogramming Request for an Economic
Development Substitution Project
By Alderperson Blumenthal: Seconded by Alderperson Marcham
WHEREAS, the City of Ithaca received Community Development Block
Grant funds in 1993 for the Landmark Square Housing
Rehabilitation Project, a project which later could not be
implemented according to plan, and
WHEREAS, the Ithaca Urban Renewal Agency began a formal process
to reprogram the Landmark Square funds, including consultation
with the Citizens’ Advisory Committee, and
August 7, 1996
WHEREAS, economic development activities are eligible activities
through the Community Development Block Grant program, and
WHEREAS, it is recognized that there is a need to stimulate small
business development in Ithaca, and that increasing the economic
linkages between local firms is one way to promote the goal of
small business development, and
WHEREAS, the program to be implemented in Ithaca is modeled on a
statewide program in Oregon which initially served the City of
Eugene; now, therefore, be it
RESOLVED, the Common Council approves a CDBG reprogramming
request for $35,000 for a project to stimulate business linkages
through a business survey and computer database, with the goal
facilitating local trading in goods and services between local
firms, thus increasing local economic development activity, and
authorizes the submission of the proposal to the U.S. Department
of Housing and Urban Development and for the Mayor to sign all
related documents.
Carried Unanimously
LAW AND GOVERNANCE COMMITTEE:
* 16.1 An Ordinance Amending Section 210-32.E. Entitled "Fire
Protection Systems", of Chapter 210 Entitled "Housing Standards"
of the City of Ithaca Municipal Code
By Alderperson Efroymson: Seconded by Alderperson Gray
WHEREAS, Section 210-32.E. of the City of Ithaca Municipal Code
was amended on January 4, 1995 by Ordinance number 95-1 which
provided that existing one- and two- family structures, multiple
dwellings and mixed use structures shall comply with the
provisions of this section by August 15, 1996, and
WHEREAS, the Building Commissioner has examined the records of
property owner's that have installed Heat/Smoke Detection
equipment to comply with the ordinance and found that a
significant number of property owners have yet to install the
equipment, and
WHEREAS, the Building Department has also experienced that only a
few contractors have been performing the work of the installation
of the systems and these contractors have a backlog of work that
will take them past the existing compliance date, such that many
property owner's that are making a good faith effort to comply
cannot accomplish the installations by that date; now, therefore,
be it
RESOLVED, That the Code of the City of Ithaca, New York, Section
210-32.E.7(b) be changed as follows:
ORDINANCE NO. 96 -
An Ordinance Amending Section 210-32.E. Entitled "Fire Protection
Systems", Subdivision 7(b) Entitled "Effective Dates" of Chapter
210 Entitled "Housing Standards" of the City of Ithaca Municipal
Code
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York , as follows:
Section 1. That the current Section 210-32.E.7(b) be amended to
read as follows:
August 7, 1996
"Existing one- and two-family structures, multiple dwellings and
mixed use structures shall comply with the provisions of section
210-31.E. by August 15, 1997, provided that the requirements of
Section 5 of Ordinance 95-1, regarding inspection/recertification
requirements shall remain effective as of January 1, 1995."
Section 2. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.4 Fire Department - Support of Fire Department Resource
Reallocation Project
By Alderperson Marcham: Seconded by Alderperson Johnson
WHEREAS, the Fire Department has concluded that a solution to a
long-standing shortage of personnel within the department will
not be resolved soon, and
WHEREAS, the Fire Department began a Resource Reallocation
Project to determine how best the Fire Department could
compensate for a lack of personnel, while still delivering the
services being demanded by the community, and
WHEREAS, the Budget and Administration Committee has reviewed the
recommendations set forth as a result of the Resource
Reallocation Project by the Fire Department, and has given the
department the Committee's wholehearted support for the project
and its recommendations; now, therefore, be it
RESOLVED, That Common Council supports the Fire Department's
Resource Reallocation Project and related recommendations, and
will assist whenever possible in implementing the project's
recommendations.
Fire Chief Wilbur answered questions from Council members
regarding the Resource Reallocation Project.
A vote on the resolution resulted as follows:
Carried Unanimously
* 17.3 Mayor - Request to Establish Systems Administrator
Position
By Alderperson Marcham: Seconded by Alderperson Gray
WHEREAS, the City has had much success in building its own City-
wide computer network, and
WHEREAS, the City Network is in Phase Two of a five-phase
project, and
WHEREAS, the drain on staff time for computer and network related
duties is becoming a concern for all departments involved, and
WHEREAS, the Mayor, the Computer Committee and the Budget and
Administration Committee have recommended that to free up staff
time and improve the overall coordination of all work involving
telecommunications, networking, system integration and
maintenance of related hardware and software, a Systems
Administrator position must be established; now, therefore, be it
RESOLVED, That the Personnel Roster of the Mayor's Office be
amended as follows:
Add: One (1) Systems Administrator
and be it further
August 7, 1996
RESOLVED, That the position of Systems Administrator be assigned
to the CSEA Administrative Unit at Grade ____ with a salary range
of $35,000 - $45,000, and be it further
RESOLVED, That needed funding for the Systems Administrator
position for 1996 will be derived from the vacant Planner
position in the Planning and Development Department, and be it
further
RESOLVED, That the Systems Administrator position will work under
the general supervision of the Mayor with coordination of all
City departments and the Computer Committee.
Extensive discussion followed on the floor with Assistant City
Attorney Kennedy and City Controller Cafferillo explaining job
assignment procedures.
Amending Resolution
By Alderperson Marcham: Seconded by Alderperson Mackesey
RESOLVED, That the Second Resolved Clause be amended to read as
follows:
"RESOLVED, That the position of Systems Administrator be
established and referred to the Personnel Department
for recommendation on the Grade and salary range in accordance
with the job evaluation procedure established by Common Council".
Carried Unanimously
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
LAW AND GOVERNANCE COMMITTEE:
* 16.2 Resolution Directing the City Clerk to Number the
November 1996 Mandatory Referendum Propositions
This Item was withdrawn from the agenda.
* 16.3 A Local Law to Require That Any Appointment Made by the
Mayor to the Board of Zoning Appeals Must Be Approved by the
Common Council (Item A of the mandatory referendum review)
By Alderperson Efroymson: Seconded by Alderperson Gray
LOCAL LAW No.____ Of the Year 1996
A Local Law to require that any appointment made by the
Mayor to the Board of Zoning Appeals must be approved by the
Common Council.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of the
mandatory referendum review, this Local Law is intended to give
effect to the change made by Local Law 2-1994, which intended to
amend Section 325-41(A)(1) of the Ithaca City Code but was not
submitted to a referendum, through the adoption of this Local Law
and its submission to a referendum.
Section 2. Section 325-41(A)(1)of the Ithaca City Code, is
hereby amended to read as follows:
Appointment of members. The Mayor, with the consent of the
Common Council, shall appoint a Board of Appeals consisting
of five (5) members. The Board of Appeals, at the first
regular meeting each year, shall elect one (1) of its own
members as Chairperson. In the absence of the Chairperson at
any meeting, the Board of Appeals may designate a member to
serve as Acting Chairperson. The Building Commissioner shall
be the Secretary of the Board of Appeals. In making such
appointments, the Mayor may require Board of Appeals members
to complete training and continuing education courses.
Section 3. This Local Law shall be submitted to a referendum at
the next general election.
August 7, 1996
Section 4. This Local Law shall take effect after it is approved
by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Ayes (8) - Efroymson, Johnson, Hanna, Gray, Mackesey, Sams,
Shenk, Blumenthal
Nays (1) - Marcham
Carried
* 16.4 A Local Law to Require That Any Appointment Made By the
Mayor to the Planning Board Must Be Approved by the Common
Council (Item B of the Mandatory Referendum Review)
By Alderperson Efroymson: Seconded by Alderperson Johnson
LOCAL LAW No.____ Of the Year 1996
City of Ithaca
A Local Law to require that any appointment made by the
Mayor to the Planning Board must be approved by the Common
Council.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of
the mandatory referendum review, this Local Law is intended to
give effect to the change made by Local Law 3-1994, which
intended to amend Section 4-23(A)(1) of the Ithaca City Code but
was not submitted to a referendum, through the adoption of this
Local Law and its submission to a referendum.
Section 2. Section 4-23(A)(1)of the Ithaca City Code, is hereby
amended to read as follows:
There shall be a Planning and Development Board, also known
as the "Planning Board," consisting of seven (7) members,
each of whom shall be appointed by the Mayor with the
consent of Common Council. There shall be one (1) member
from the Common Council and one (1) member from the Board of
Public Works. The Mayor shall appoint one (1) member of the
Planning and Development Board to serve as Chairperson. In
the absence of a Chairperson, the Planning and Development
Board may designate a member to serve as Chairperson. In
making such appointments, the Mayor may require Planning and
Development Board members to complete training and
continuing education courses in accordance with any local
requirements for the training of such members. The term of
office shall be three (3) years, and the terms shall be
staggered, except for members who are appointed from Common
Council and the Board of Public Works. With respect to those
members, the term of office shall be two (2) years and shall
coincide with their term of office as a member of Common
Council or a member of the Board of Public Works.
Section 3. This Local Law shall be submitted to a referendum at
the next general election.
Section 4. This Local Law shall take effect after it is
approved by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Ayes (8) - Efroymson, Johnson, Hanna, Gray, Sams, Mackesey,
Shenk, Blumenthal
Nays (1) - Marcham
Carried
* 16.5 A Local Law to Require That Any Appointment Made by the
Mayor to the Community Police Board Must Be Approved by the
Common Council (Item C of the mandatory referendum review)
August 7, 1996
By Alderperson Efroymson: Seconded by Alderperson Mackesey
LOCAL LAW No.____ Of the Year 1996
City of Ithaca
(Item C of the mandatory referendum review.)
A Local Law to require that any appointment made by the
Mayor to the Community Police Board must be approved by the
Common Council.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of the
mandatory referendum review, this Local Law is intended to give
effect to the change made by Local Law 2-1984, which intended to
amend what is now Section C-16(A) of the Ithaca City Code but was
not submitted to a referendum, through the adoption of this Local
Law and its submission to a referendum.
Section 2. Section C-16(A)of the Ithaca City Code, is hereby
amended to read as follows:
The Mayor, with the consent of the Common Council, shall
appoint a Community Police Board[, subject to the approval
of the Common Council]. The Commissioners shall be chosen
from a range of culturally and economically diverse
community groups with consideration given to the effect each
appointment will have on the diversity of representation,
including geographic representation, on the Board. The
Community Police Board shall consist of seven (7)
Commissioners. The term of office of each Commissioner shall
be three (3) years, commencing on the first day of January.
No more than three (3) Commissioners shall be appointed in
any one (1) year. The terms of the existing Commissioners
shall continue unchanged. No elected city official shall be
a member of the Community Police Board. A Commissioner shall
hold office until his/her successor shall have been chosen
and qualified. A vacancy for an unexpired or newly created
term shall be filled in the manner set forth in this
Charter, except that the limitation on the number of
appointments per year, the term of office and the term's
starting date shall not apply. All Commissioners shall have
been a resident of the City of Ithaca for at least two (2)
years immediately preceding their appointment. All
Commissioners shall serve without salary.
Section 3. This Local Law shall be submitted to a referendum at
the next general election.
Section 4. This Local Law shall take effect after it is approved
by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Carried Unanimously
* 16.6 A Local Law to Ratify the Use of Five Wards for the Purpose of
the mandatory referendum review)
By Alderperson Efroymson: Seconded by Alderperson Johnson
LOCAL LAW No.____ Of the Year 1996
City of Ithaca
A Local Law to ratify the use of five wards for the purpose of
electing alderpersons and to ratify the boundaries of those five
wards as currently printed in Section C-3 of the Ithaca City
Code.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of the
mandatory referendum review, this Local Law is intended to give
effect to the change made by Local Law 1-1973, as amended, which
intended to amend what is now Section C-3 of the Ithaca City Code
August 7, 1996
but was not submitted to a referendum, through the adoption of
this Local Law and its submission to a referendum.
Section 2. The text of Section C-3 “Ward Boundaries,” as
currently printed in the Ithaca City Code and last amended by
Local Law 2-1992, is hereby ratified.
Section 3. This Local Law shall be submitted to a referendum at
the next general election.
Section 4. This Local Law shall take effect after it is approved
by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Carried Unanimously
* 16.7 A Local Law to Reduce the Term of Board of Public Works
Commissioners from Six (6) to Three (3) Years (Item H1 of the
mandatory referendum review)
By Alderperson Efroymson: Seconded by Alderperson Johnson
LOCAL LAW No.____ Of the Year 1996
A Local Law to reduce the term of Board of Public Works
Commissioners from six (6) to three (3) years.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of the
mandatory referendum review, this Local Law is intended to give
effect to the change made by Local Law 5-1973, which intended to
amend what is now Section C-58(B) of the Ithaca City Code but was
not submitted to a referendum, through the adoption of this Local
Law and its submission to a referendum.
Section 2. Section C-58(B) of the Ithaca City Code, is hereby
amended to read as follows:
Terms of office; eligibility for reappointment; political
affiliation. At the first regular meeting of the Common
Council in January of each year, the Mayor shall, from the
electors of the city, nominate and, by and with the consent of
the Common Council, appoint two (2) Commissioners to fill the
vacancies of the expiring term, which appointment shall be for
terms of three (3) years from the first day of January. The
appointment of such Commissioners shall be made so that no
more than three (3) Commissioners, other than the Mayor, shall
belong to the same political party.
Section 3. This Local Law shall be submitted to a referendum at
the next general election.
Section 4. This Local Law shall take effect after it is approved
by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Carried Unanimously
* 16.8 A Local Law to Establish the Term of Conservation
Advisory Council Members as Two (2) Years (Item H2 of the
mandatory referendum review)
This Item was withdrawn from the agenda.
* 16.9 A Local Law to Amend Section C-58(A) of the Ithaca City
Code to Correct Language Erroneously Amended Pursuant to an
Invalid Local Law (Item I of the mandatory referendum review)
By Alderperson Efroymson: Seconded by Alderperson Gray
LOCAL LAW No.____ Of the Year 1996
City of Ithaca
August 7, 1996
A Local Law to amend Section C-58(A) of the Ithaca City Code to
correct language erroneously amended pursuant to an invalid local
law.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of the
mandatory referendum review, this Local Law is intended to
correct language in Section C-58(A) of the Ithaca City Code which
was erroneously amended pursuant to Local Law 4-1973; Local Law
4-1973 was never submitted to a referendum.
Section 2. Section C-58(A) of the Ithaca City Code, is hereby
amended to read as follows:
Appointment of Commissioners; Board constituted. The Mayor
shall nominate from the electors of the city and, by and with
the consent of a majority of the Common Council, shall appoint
six (6) Commissioners who, with the Mayor acting as the
presiding officer, shall constitute the Board of Public Works.
Section 3. This Local Law shall take effect after it is filed in
the office of the secretary of state.
Carried Unanimously
* 16.10 A Local Law to Amend Sections 232-33 and 232-34 of the
Ithaca City Code to Correct Language Erroneously Amended Pursuant
to an Invalid Local Law (Item K of the mandatory referendum
review)
By Alderperson Efroymson: Seconded by Alderperson Shenk
LOCAL LAW No.____ Of the Year 1996
A Local Law to amend Sections 232-33 and 232-34 of the Ithaca
City Code to correct language erroneously amended pursuant to an
invalid local law.
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. Pursuant to the findings of the
mandatory referendum review, this Local Law is intended to
correct language in Sections 232-33 and 232-34 of the Ithaca City
Code which were erroneously amended pursuant to Local Law 3-1992;
Local Law 3-1992 was never submitted to a referendum.
Section 2. Section 232-33 of the Ithaca City Code, is hereby
amended to read as follows:
The Mayor or the Mayor's designee shall grant and revoke
licenses at his/her discretion in accordance with the
provisions of this Article and Article V of the General
Business Law and shall require at all times such data and
information as may, in his/her opinion, be necessary to fully
carry out the intent and purpose of this Article.
Section 3. Section 232-34 of the Ithaca City Code, is hereby
amended to read as follows:
Applications for licenses shall be made to the Mayor or the
Mayor's designee in such form as he/she may prescribe and
must be accompanied by:
A. Satisfactory testimonials of the good moral character
of the applicant.
B. Cash or a certified check for the license fee in the
amount fixed by this Article.
C. Such other and additional information that the
appropriate officer deems necessary or appropriate.
August 7, 1996
Section 4. This Local Law shall take effect after it is filed in
the office of the secretary of state.
Carried Unanimously
* 16.11 Resolution Directing the City Clerk to Present Local
Laws Subject to a Mandatory Referendum to the Mayor Within Forty-
eight Hours of Passage
By Alderperson Efroymson: Seconded by Alderperson Johnson
RESOLVED, That the Clerk of the City of Ithaca shall present to
the Mayor for approval, within forty-eight hours of passage, all
Local Laws passed by the Common Council that are subject to the
mandatory referendum requirement of the Municipal Home Rule Law.
Carried Unanimously
Local Law Discussion
The following Local Laws were discussed and will be voted on at
the Special Common Council Meeting on August 14, 1996:
--A Local Law to subject the authority of the Board of Public
Works to the direction and review of the Common Council (item G1
of the mandatory referendum review)
--A Local Law to require that appointments made by the Mayor to
selected offices shall be subject to a search committee procedure
(item E1 of the mandatory referendum review)
--A Local Law to require that an appointment to the position of
Police Chief shall be made through the search committee procedure
(item E3 of the mandatory referendum review)
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.2 DPW - Recommendation of City/County Recycling Program -
Discussion
This Item was withdrawn from the agenda.
* 17.5 Attorney - Request Support for Law Enforcement Block
Grant Application and Funding Match
By Alderperson Marcham: Seconded by Alderperson Mackesey
WHEREAS, the City of Ithaca and Tompkins County are coordinating
an experimental program for the creation of a drug court in our
City Court, and
WHEREAS, the drug court will handle alcohol, drug, and drug and
alcohol related cases, and
WHEREAS, the City and County are eligible for $34,983, ($16,983
City, $18,000 County), in funding from a Federal Justice
Department Grant for law enforcement purposes, including the
establishment of the drug court, and
WHEREAS, the monies will be used for funding a new case worker
position in the Drug Court, and
WHEREAS, this position will be listed on the Tompkins County
Personnel Roster and it is the City's understanding that the
County will continue funding of this position in future years,
and
WHEREAS, both the Acting Police Chief and the Drug House Task
Force are in full support of the experimental program, and
WHEREAS, the City would be required to submit an application by
August 9th and contribute $1,887 in matching funds to obtain the
Federal grant; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized to sign and submit
an application for the Justice Department Law Enforcement Block
August 7, 1996
Grant for the purposes of establishing a local drug court, and be
it further
RESOLVED, That an amount not to exceed $1,887 be transferred from
A1990 Unrestricted Contingency to Account A3120-5435 Police
Contractual for purposes of funding necessary matching funds
related to said grant.
Carried Unanimously
* 17.7 Attorney - Request Funds to Settle Litigation
By Alderperson Marcham: Seconded by Alderperson Johnson
RESOLVED, That an amount not to exceed $1,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-5430 Law
Fees for the purpose of funding the settlement of litigation.
Carried Unanimously
* 17.8 Finance/Controller - Request Approval of 1996 NYS
Retirement Incentive Program Participants - Possible Resolution
This Item was withdrawn from the agenda.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 18.3 Route 96-West End Mitigation-Suspension of Sign Ordinance
Requirements
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
WHEREAS, the Route 96 improvements under way by the New York
State
Department of Transportation are having a major effect on the
flow of traffic and parking in the West End, and
WHEREAS, a meeting was held on July 18, 1996, at which time
businesses and residents expressed concern about the negative
impacts of the construction project on their businesses and
homes, and
WHEREAS, the traffic effects are causing many negative impacts on
business owners in the area of street improvements, and
WHEREAS, one of the negative effects is on the visibility and
identification of each business as well as ease of access to each
business such that business owners need additional assistance in
identifying their properties and the means and access route to
each such use; now, therefore be it
RESOLVED, That the prohibition against portable signs found in
Section 272-4E. be temporarily suspended for portable signs that
meet the following criteria:
1) The maximum size of the portable sign be no larger than 32
square feet and that the sign be no higher than eight feet from
the grade level, and
2) The sign may be located on property other than the location
of the business advertised on the sign if the sign serves a
legitimate purpose in directing traffic to the business location
that is not otherwise obvious because of actual construction on
the street which abuts the business. Consent of the owner of the
property on which the sign is located is required, and
3) The sign is not a hazard to traffic or pedestrians or is not
a hazard in any other way, and
4) That any such signs be maintained by the business be
periodically inspected so that the sign does not become hazardous
or fall into disrepair, and be it further
RESOLVED, That this suspension of this particular sign
prohibition be only for properties that are within or abutting
the Route 96 project area and that the suspension last only for
the period of this street improvement project, which is expected
to continue through 1997, and be it further
August 7, 1996
RESOLVED, That this action by Common Council does not affect the
ability of the contractors involved in the project or the
Department of Transportation to install or maintain any signs
that are provided or installed for the maintenance of traffic,
and be it
further
RESOLVED, That the Chief of Police is hereby directed not to
enforce alternate side street parking on Buffalo Street between
Fulton and Meadow to the end of the Department of Transportation
contract term. The Mayor is authorized to expand this area in
consultation with the Chief of Police.
Discussion followed on the floor regarding the lack of BPW
involvement in this matter.
A vote on the Resolution resulted as follows:
Ayes (8) - Blumenthal, Sams, Hanna, Gray, Marcham, Shenk,
Mackesey, Efroymson
Nays (1) - Johnson
Carried
* 18.4 Route 96-West End Mitigation- Possible Request for Funding
(resolution to be handed out at meeting)
This Item was withdrawn from the agenda.
*18.5 Southwest Area Land Use Study - Report of Rezoning
Alderperson Blumenthal reported that Planning Department staff
will submit a concept memo concerning the re-zoning of land that
was recommended in the Southwest Area Land Use Study.
*18.6 SEQRA/CEQR - Report
Alderperson Blumenthal reported that a student intern is
preparing a document for the Planning Board to review regarding
the revisions to the SEQRA law.
*18.7 Economic Development Plan - Report
Alderperson Blumenthal stated that letters have been distributed
inviting people to join the Mayor's Commission on Economic
Development. The first meeting is scheduled for September 5,
1996.
* 18.8 Disposition of City Hall Annex Building
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca transferred property located at 123
South Cayuga Street, Ithaca, New York, City of Ithaca tax parcel
number 70-5-24, known as the City Hall Annex property, to the
Ithaca Urban Renewal Agency ("IURA") by warranty deed dated June
17, 1991 and recorded in the Tompkins County Clerk's Office on
July 17, 1991, and
WHEREAS, Common Council subsequently, by a resolution passed on
December 4, 1991, authorized the IURA to sell the City Hall Annex
Building subject to the conditions set forth in the said
resolution, and
WHEREAS, the IURA entered into a contract with Bruno and Cathleen
Schickel (the purchasers) for sale of the City Hall Annex
Building, and the conveyance to the purchasers include the second
and fourth floor bridges between the City Hall Annex Building and
City Hall associated air rights and right of attachment of the
bridges to City Hall, and
WHEREAS, the transfer of property by the City of Ithaca did not
include the second and fourth floor bridges, air rights, and
right of attachment of the bridges to City Hall; now, therefore,
be it
August 7, 1996
RESOLVED, That the second and fourth floor bridges between the
City Hall Annex and City Hall, together with associated air
rights and right of attachment of the bridges to City Hall, shall
be transferred by the City of Ithaca to the IURA, and be it
further
RESOLVED, That the IURA and its executive director are authorized
to convey said bridges, associated air rights and right of
attachment to City Hall to the purchasers of the City Hall Annex
Building.
Carried Unanimously
August 7, 1996
NEW BUSINESS:
* 19.1 Call for Special Common Council Meetings
By Alderperson Johnson: Seconded by Alderperson Shenk
RESOLVED, That Common Council will hold Special meetings on
Wednesday, August 14, 1996 and Wednesday, August 28, 1996 to
consider Local Laws which will require a public referendum; and
on September 10, 1996 to consider the Downtown Ithaca BID plan.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Efroymson; Seconded by Alderperson Gray
RESOLVED, That Council adjourn into Executive Session to discuss
personnel issues.
August 7, 1996
REGULAR SESSION:
Common Council reconvened into regular session at 11:45 p.m.
No resolutions were presented for consideration.
ADJOURNMENT:
On a motion the meeting adjourned at 11:45 p.m.
Julie Conley Holcomb Rochella Thorpe
City Clerk Acting Mayor