HomeMy WebLinkAboutMN-CC-1996-10-02October 2, 1996
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. October 2, 1996
PRESENT:
Mayor Cohen
Alderpersons (10) - Johnson, Sams, Shenk, Mackesey, Hanna, Gray,
Thorpe, Efroymson, Marcham, Blumenthal
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Building Commissioner - Eckstrom
Planning and Development Deputy Director - Sieverding
Community Development Director - Stevenson
Acting Police Chief - Barnes
Deputy Fire Chief - Dorman
Board of Public Works Commissioners -Reeves, Ehrhardt, Davidoff,
Smith, Vargas
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Alderperson Shenk requested the deletion of Item 15.5 - Other
Service Agency 1995 Funding Recommendations to Mayor on Ithaca
Breast Cancer Alliance - Resolution.
No Council member objected.
Alderperson Shenk requested the addition of Item 15.10 -
Temporary Appointment to the Position of Deputy City Chamberlain
- Resolution.
No Council member objected.
New Business
Alderperson Efroymson requested the addition Item 19.1 -
Selection of a Representative from Common Council the Business
Improvement District (BID) Convening Committee - Possible
Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending the Zoning Map
Established Pursuant to Chapter 325 Entitled "Zoning" of the City
of Ithaca Municipal Code (400 Block East State Street Rezoning)
Resolution to Open Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That the Public Hearing to consider an Ordinance
amending the Zoning Map establish pursuant to Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code (400 Block
East State Street Rezoning) be declared open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Public Hearing to consider an Ordinance
amending the Zoning Map establish pursuant to Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code (400 Block
East State Street Rezoning) be declared closed.
Carried Unanimously
October 2, 1996
Public Hearing to Consider an Ordinance Amending the Zoning Map
Established Pursuant to Chapter 325 Entitled "Zoning" of the City
of Ithaca Municipal Code (B-1 Zone/Medical Offices Zoning
Amendment)
Resolution to Open Public Hearing
By Alderperson Johnson: Seconded by Alderperson Blumenthal
RESOLVED, That the Public Hearing to Consider an Ordinance
Amending the Zoning Map Established Pursuant to Chapter 325
Entitled "Zoning" of the City of Ithaca Municipal Code (B-1
Zone/Medical Offices Zoning Amendment) be declared open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Public Hearing to Consider an Ordinance
Amending the Zoning Map Established Pursuant to Chapter 325
Entitled "Zoning" of the City of Ithaca Municipal Code (B-1
Zone/Medical Offices Zoning Amendment) be declared closed.
Carried Unanimously
Public Hearing to Consider the Sale of Property to the
Sciencenter
Resolution to Open Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
RESOLVED, That the public hearing to consider the sale of
property to the Sciencenter be declared open.
Carried Unanimously
No one appeared to address the Council.
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Blumenthal
RESOLVED, That the public hearing to consider the sale of
property to the Sciencenter be declared closed.
Carried Unanimously
Public Hearing to Consider Disposition of City Land to the Mutual
Housing Association
Resolution to Open Public Hearing
By Alderperson Johnson: Seconded by Alderperson Mackesey
RESOLVED, That the public hearing to consider disposition of City
land to the Mutual Housing Association be declared open.
Carried Unanimously
Mr. Paul Mazzarella, Executive Director of Mutual Housing
Association, thanked members of Common Council for the support
they have given to the issue of affordable housing, and
specifically to the assistance that they have provided to the
Mutual Housing Association.
Resolution to Close Public Hearing
By Alderperson Johnson: Seconded by Alderperson Blumenthal
RESOLVED, That the public hearing to consider disposition of City
land to the Mutual Housing Association be declared closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Efroymson and Sams presented the October 1996 Youth
Award to Elizabeth Seldin, Michael Davis, Danielle Lee, Jordan
Meeks, and Steven Davis for their support and help in the
creation of the GIAC Computer Room.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
1997 Department of Public Works Budget
Board of Public Works Commissioners Ehrhardt, Reeves, Vargas,
Davidoff, and Smith appeared before Council regarding the 1997
Department of Public Works budget. They offered a pictorial
presentation on the deterioration of the City's streets,
sidewalks, bridges, parks, and water and sewer equipment. The
October 2, 1996
Commissioners requested Council's support of increased funding to
ensure the delivery of services essential to the health, safety,
economic strength, and neighborhood life of Ithaca and its
citizens.
Bicycle Paths in the Route 96 Project
Mr. David Nutter, resident of the City of Ithaca, spoke to
Council regarding the bicycle paths in the Route 96 project. He
stated that there is less room for bicyclists on Green, Seneca
and State Streets than had been promised. Mr. Nutter also
expressed concern about the removal of parking in the project
area.
County Sales Tax Disallowance in January
Ms. Beverly Apgar, spoke to Council on behalf of various downtown
businesses, the Issues and Action Committee of Downtown Ithaca
and City Affairs Committee for the Chamber of Commerce. She
stated that they ask for the support of Common Council in
lobbying the County Board to disallow the 4% County sales tax on
clothing and footwear for the third week in January.
Elmira Road Property
Mr. Stuart Stein, Chairperson of the Tompkins County Board of
Representatives, spoke to Council regarding a purchase offer the
County received, from a private party, for a parcel of land on
the Elmira Road. A special committee has been appointed to
review the purchase offer, and brought forth a proposal.
The Tompkins County Board of Representatives has offered the land
that the County currently owns along the Elmira Road to the City
for a price and terms to be negotiated. This offer is partly in
response to the City Council's resolution of September 4, 1996 in
which the City requested that the County "consult and coordinate
with the City before any County owned land in the area is
conveyed to private parties." He stated that such a sale to the
City will give the City complete control over the future use of
the land and will also simplify negotiations relating to the rear
portion of the County owned parcel which the City may need for
conservation, recreation or other purposes. Negotiations
regarding the details of transfer of ownership, and other terms
must begin as soon as possible as the County is in receipt of an
offer for purchase of the land that needs to be addressed within
a reasonable period of time.
Mr. Stein requested that the City either accept the offer from
the County to negotiate for transfer of ownership to the City, or
take formal action to reject this offer so that the County can
proceed as rapidly as possible to complete its negotiations with
the private party that wishes to purchase the land.
Fulton Street Parking
Mr. Guy Gerard, City of Ithaca, addressed Council regarding the
removal of parking on Fulton Street in conjunction with the Route
96 project. He stated that in his opinion the NYS Department of
Transportation has violated the spirit of an earlier agreement by
the removal of parking.
Ms. Cynthia Yahn, representing the West End Business District and
residents in the West End, also addressed Council regarding the
removal of parking on Fulton Street and described how it has
affected the businesses and residents in that area.
BID Steering Committee
Mr. Art Pierce, Chairperson of the BID Steering Committee,
addressed Council regarding the status of the Business
Improvement District (BID). He requested that three City
representatives be appointed to the Committee as soon as
possible.
RESPONSE TO THE PUBLIC:
October 2, 1996
Alderpersons Johnson, Mackesey and Efroymson complimented the
Board of Public Works for the visual presentation of the
condition of the existing infrastructure of the City.
Alderpersons Mackesey and Marcham responded to comments made
regarding the January Sales Tax Holiday.
Alderperson Efroymson responded to comments made regarding the
parking situation in the Route 96 project area.
COMMUNICATIONS FROM THE MAYOR:
Proclamations
Mayor Cohen presented the following proclamations:
Disability Employment Awareness Month - October, 1996
Alpha Kappa Alpha Sorority Day - October 5, 1996
Breast Cancer Awareness Week - October 14 - 20, 1996
Frank H. T. Rhodes Day - October 29, 1996
Letters of Commendation
Mayor Cohen stated that he has received letters of commendation
for Chris Irvin and David VanEtten, Department of Public Works
employees, and Tom Nix from the Building Department. Mayor Cohen
thanked these employees for their dedicated service to the City
of Ithaca.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Disability Advisory Council
Alderperson Sams reported that the Disability Advisory Council,
the Fingerlakes Independence Center, and the Senior Center will
hold a joint press conference on November 6, 1996 regarding snow
removal.
REPORT OF THE CITY CLERK:
Mayor's Veto Message
City Clerk Holcomb stated that she has distributed copies of the
Mayor's Veto Messages for the three referendum local laws that
were vetoed in September. Additional copies are available in the
City Clerk's office.
REPORT OF THE CITY ATTORNEY:
City Hall Annex Closing
City Attorney Geldenhuys reported that the real estate closing
for the City Hall Annex has been completed.
West End Parking
City Attorney Geldenhuys reported that Community Development
Block Grant (CDBG) funding was approved for the parking lot in
the 600 block of West Buffalo Street. The funding should be
released in November.
Transfer of Land
City Attorney Geldenhuys reported that she will be processing the
transfer of land to the MHA and the Sciencenter pending approval
of those transactions.
REPORT OF COUNCIL LIAISONS:
Recreation Partnership Update
Alderperson Hanna reported that various communities in Tompkins
County as well as the users, will be paying a larger share of the
program costs. Smaller municipalities who joined the partnership
at a reduced rate have made a commitment to increase their
contributions gradually over a three-year period. They are asking
for support from the County and the full cost members of the
partnership. The partnership is asking the County Board of
Representatives to recognize that the pilot period of two years
was
too short to provide a sound foundation for the partnership. All
of the participating municipalities have asked the County to
continue to provide $35,000 a year for the next three years.
October 2, 1996
Children and Youth Report
Alderperson Hanna stated that the Ithaca Child report was issued
in July. The Youth Bureau, GIAC, Southside Community Center, the
Ithaca City School District, members from community organizations
and members of Common Council are currently reviewing this
report. A proposal is forthcoming which will request modest
funding to address some of the issues identified in the report.
LAW AND GOVERNANCE COMMITTEE:
Over-ride of Mayor's Veto - Referendum Item A (Appointment to
Board of Zoning Appeals)
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That Common Council over-rides the Mayor's veto of
Referendum Item A - 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.
Alderperson Efroymson explained that an over-ride of a veto
requires an affirmative vote of two-thirds of the members of
Common Council. He further stated that if Council passes the
veto over-rides, they will appear on the 1997 General Election
ballot.
Alderperson Marcham noted that she opposes this issue as the
Board of Zoning Appeals is a quasi-judicial board and should be
insulated from politics. She stated that the original City
Charter made this a part of the balance and the separation of
powers.
Further discussion followed on the floor with comments from
Alderpersons Shenk, Thorpe, and Johnson speaking in favor of the
over-ride motion.
A vote on the Resolution resulted as follows:
Ayes (9) Shenk, Mackesey, Sams, Efroymson, Johnson,
Blumenthal, Hanna, Gray, Thorpe
Nays (1) Marcham
Carried
Over-ride of Mayor's Veto - Referendum Item B (Appointment to the
Planning Board
By Alderperson Efroymson: Seconded by Alderperson Mackesey
RESOLVED, That Common Council over-ride the Mayor's veto of
Referendum Item B - A Local Law to Require that any Appointment
Made by the Mayor to the Planning Board must be Approved by the
Common Council.
Alderperson Marcham spoke in opposition of the motion to over-
ride as the public elects a Mayor based on his position on
planning and economic development policies. Unless the Mayor has
appointment power to the Planning and Development Board, he has
no way to institute his policies.
Further discussion followed on the floor with Alderpersons
Mackesey, Hanna and Thorpe speaking in favor of the motion.
Alderperson Hanna read the Mayor's veto message into the record
as follows:
"The Mayor runs on a platform representing particular beliefs and
policies, and he or she is duly elected by the entire City. The
electorate expects this person to move forward on the ideas that
were presented during the campaign. Appointments to the Planning
and Development Board most directly impact the Mayor's ability to
influence the direction of City policy. To subject Mayoral
appointments to Council approval for the Board diminishes the
effectiveness of the Mayor to implement his or her policies."
A vote on the resolution resulted as follows:
October 2, 1996
Ayes (9) - Efroymson, Johnson, Hanna, Gray, Thorpe, Shenk,
Mackesey, Sams, Blumenthal
Nay (1) - Marcham
Carried
Over-ride of Mayor's Veto - Referendum Item E3 (Appointment to
Position of Police Chief)
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That Common Council over-ride the Mayor's veto of
Referendum Item E3 - A Local Law to Require That an Appointment
to the Position of Police Chief shall be made through the Search
Committee Procedure.
Mayor Cohen read his veto message into the record as follows:
"The role of the Police Department and Police Chief is unique.
The police are responsible for the welfare and safety of our
citizens, and are provided with the equipment necessary to
enforce our laws. The enforcement of laws and the protection of
the public welfare can not be subjected to rule by committee. In
times of danger or crisis, one person has to be answerable to
make the decisions. The department needs to have a clear line of
command. This is why, even though the City Charter states that
the Mayor is the Chief Executive Officer of the City, it also
specifically states that the Mayor is head of the Police
Department.
Civilian oversight of the department is provided for in the City
Charter by designating the Mayor as head of the Police
Department. Citizen input is also assured by the establishment
of the Community Police Board.
Another problem with the Police Chief resolution involves the
selection process. The selection process spelled out in the
Charter does not guarantee inclusiveness or public input, and
should be changed. The voting membership of the selection
committee is limited to three Council members, three lay board
members and one person with professional expertise in the field.
By restricting the pool from which you can draw the members of
the selection committee, you would limit your opportunities to
appoint a group which mirrors the diversity of the community.
The diversity of the selection committee is a critical factor in
the selection of a police chief."
Extensive discussion followed on the floor with Alderperson
Marcham speaking in opposition to the motion, and Alderpersons
Efroymson, Hanna, Mackesey, Shenk, Thorpe speaking in favor of
the motion.
A vote on the resolution to resulted as follows:
Ayes (9) - Efroymson, Johnson, Thorpe, Sams, Hanna, Shenk,
Mackesey, Blumenthal, Gray
Nay (1) - Marcham
Carried
Health and Human Services Emergency Funding Requests
By Alderperson Efroymson: Seconded by Alderperson Mackesey
WHEREAS, health and human service agencies have approached and
continue to approach Common Council with mid-year emergency
funding requests, and
WHEREAS, Common Council's capability to meet all requests is not
possible, and its use of taxpayer funds for these purposes needs
to be planned rather than responded to on a case-by-case basis,
and
WHEREAS, the Human Services Coalition has agreed to review such
requests and help the agencies substantiate the appropriate
documentation; now, therefore, be it
October 2, 1996
RESOLVED, That any mid-year health and human service funding
requests first be presented to the Human Services Coalition for a
mini-review to evaluate the appropriateness and need for such
funding before it will be considered by the Common Council.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Sale of City Property to the Sciencenter
By Alderperson Blumenthal: Seconded by Alderperson Mackesey
WHEREAS, Common Council has authorized the transfer of the
eastern portion of tax map parcel 21-2-1 to the Ithaca Urban
Renewal Agency (IURA) for the purpose of implementing the Urban
Renewal Plan and the Northside Design Study, and
WHEREAS, the Sciencenter has previously acquired the western
portion of this parcel under a long term lease with the City of
Ithaca and has constructed the first phase of a multi phase
Sciencenter, and
WHEREAS, the Sciencenter has proposed acquiring the eastern
portion of this parcel so it can construct an approximately
10,000 s.f. expansion to the existing Sciencenter building, and
WHEREAS, the proposed improvements are consistent with the
economic development goals of the Urban Renewal Plan and with the
conclusion of the Northside Design Study and will result in
improving the physical environment of the area, and
WHEREAS, the Sciencenter has a demonstrated ability to complete
all the steps necessary to develop the site with the proposed
expansion, and
WHEREAS, the sale of this parcel will result in a number of
economic benefits to the City as detailed in the "Sciencenter
Proposal for Acquisition of Land for Phase III Expansion" dated
July 31, 1996, and
WHEREAS, the Common Council sponsored a public hearing on the
proposed sale of this parcel to the Sciencenter as called for in
the Urban Renewal land disposition procedures; now, therefore, be
it
RESOLVED, That Common Council approves the sale of the eastern
portion of tax map parcel 25-2-1, located at the corner of
Franklin Street and Lake Avenue, by the Ithaca Urban Renewal
Agency to the Sciencenter pursuant to the terms of the Purchase
Agreement dated September 23, 1996.
Carried Unanimously
Ms. Lani Peck, President of the Sciencenter, thanked Council for
their show of faith, on behalf of the Board of Directors of the
Sciencenter, and all of the hundreds of volunteers who have
labored with love to create this unique community educational
resource, and all of the many visitors who come from within our
city and from outside the city to the Sciencenter.
BUDGET AND ADMINISTRATION COMMITTEE:
Mayor - Search Process for Police Chief - Discussion
William and Mary Kaye Trochim, addressed Council regarding their
presentation on the selection process of the new Police Chief.
Extensive discussion followed on the floor regarding the
Trochim's request for a commitment from Common Council to
support, and follow this process through the end.
Ms. Trochim noted that the next step is for Council to consider
who to appoint to the Start-Up Committee, which was described in
the materials distributed to Council.
RECESS:
Common Council recessed at 9:55 p.m. and reconvened at 10:05 p.m.
October 2, 1996
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Parking on Fulton Street
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca in August of 1991 entered into an
agreement with New York State Department of Transportation
(NYSDoT) regarding the provision of one lane of parking on Fulton
Street between Esty and Buffalo Streets, and
WHEREAS, this agreement called for the provision of parking until
such time as traffic conditions required its removal, and
WHEREAS, the NYSDoT has informed the City of Ithaca of its
intention to remove the parking on Fulton Street at the time the
Fulton/Meadow one-way pair is first put into operation, and
WHEREAS, the removal of the parking will have a significant
negative impact on the remaining residents and businesses on
Fulton Street between Court and Buffalo Streets, and
WHEREAS, the City gave approval of the Route 96 project on the
assumption that this parking would remain available for a
significant period of time after construction of the highway
project, and
WHEREAS, serious negative impacts on residents and businesses
will also occur on the blocks along Fulton Street between Buffalo
and Green Streets; now, therefore, be it
RESOLVED, That the City does formally request that NYSDoT provide
one lane of parking on the east side of Fulton Street between
Esty and Green Streets and that NYSDoT not remove the parking on
Fulton Street until the Route 96 project is complete and enough
time has elapsed to accurately evaluate the operational
characteristics of Fulton Street and its intersections with Esty,
Court, Buffalo, Seneca, State, and Green Streets, and be it
further
RESOLVED, That the City Clerk be directed to forward certified
copies of this resolution to Senator Seward and Assemblyman
Luster and ask for their assistance in the resolution of this
matter.
Discussion followed on the floor regarding the severity of the
parking problems in this area of the City.
A vote on the resolution resulted as follows:
Carried Unanimously
West Buffalo Street Temporary Parking Request - Report
Alderperson Blumenthal reported that a request has been made for
the restoration of temporary parking on West Buffalo Street until
the Buffalo Street residential parking lot is constructed, the
bridge is open.
Alderperson Blumenthal stated that Planning and Development
Director Van Cort will be writing a letter to NYSDoT in regard to
this matter. She suggested that a group of City representatives
meet with Mr. Moynihan, Regional Director of the NYS Department
of Transportation, as soon as possible to show him the impacts
that the removal of parking has had on the businesses and
residential housing in this area.
Long-Term Parking Study
Alderperson Blumenthal stated that a request has been made for
the City to complete a parking study, and develop long-term
recommendations to assist stabilization of development in the
West End. The response of the Planning Committee was constrained
as this study would entail collecting utilization and turn-over
rates to determine supply and demand. Planning and Development
Director Van Cort estimated that a parking study of this nature
October 2, 1996
could cost between $30,000 to $80,000. It would be helpful to
have at least a base line survey done of what off-street parking
is available and what the West End land uses are. It may be
possible to have a planning student intern work on this matter.
BUDGET AND ADMINISTRATION COMMITTEE:
Finance/Controller - Request to Approve 1995 Annual Financial
Report
By Alderperson Shenk: Seconded by Alderperson Hanna
RESOLVED, That the 1995 Annual Financial Report prepared by the
Finance Department be approved as presented.
Carried Unanimously
Planning & Development - Authorize Mayor to Execute Agreements
Related to Bicycle Masterplan Implementation Project
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, a project for preparation of a City of Ithaca Bicycle
Master Plan, P.I.N. 3950.02, funded for in Title 23 US Code, as
amended, calls for the apportionment of the costs of such program
to be borne at the ratio of 80% federal funds and 20% non-federal
funds, and
WHEREAS, the City of Ithaca wishes to advance the above project
by making a commitment to provide 100% of the non-federal share
of the costs of implementation of improvements identified as
priority items by the plan, at the time such plan is approved by
the City, such funding to be reimbursed as provided for in Title
23 USC, as amended, and
WHEREAS, Common Council, during the 1996 Budget adoption,
approved a project for the Bicycle Masterplan Implementation in
the amount of $80,000; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca, duly
convened, hereby reaffirms its authorization for Capital Project
325, Bicycle Masterplan Implementation, in the amount of
$80,000.00 to be used for front-end funding of priority
improvements so identified in the final approved bicycle master
plan; such funding representing the City's 20% share, or $16,000,
and the federally-reimbursable 80% share of $64,000, and be it
further
RESOLVED, That the Common Council hereby authorizes the
Controller of the City of Ithaca to pay 100% of the $16,000 non-
federal share of the cost of such priority improvements when
undertaken in accordance with the approved plan, and be it
further
RESOLVED, That the sum of $16,000.00 is hereby appropriated to
cover the cost of participation in the above phase of the
project, and be it further
RESOLVED, That in the event the full non-federal share costs of
the project exceed the amount appropriated above, the Common
Council of the City of Ithaca shall convene as soon as possible
to appropriate said excess amount immediately upon the
notification by the New York State Department of Transportation,
and be it further
RESOLVED, That the Mayor of the City of Ithaca be, and is, hereby
authorized to execute all necessary agreements on behalf of the
City of Ithaca with the New York State Department of
Transportation approving of the above subject project and
providing for the City's administration of the project and its
participation in the cost of the local share of the subject
project, and be it further
RESOLVED, That a certified copy of this resolution be filed with
the New York State Commissioner of Transportation by attaching it
to any necessary agreements in connection with the project, and
be it further
October 2, 1996
RESOLVED, That funds in the amount of $80,000 will be derived
from the issuance of Serial Bonds and repayment of the $64,000
federal share will be made upon receipt of the federal grant.
Carried Unanimously
Finance/Chamberlain - Request to Deny Waiver of Tax Penalty
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, the property owner at 714 and 718 West Clinton Street
has requested an expungement of penalties on the 1996 second
installment of taxes, and
WHEREAS, the City Chamberlain and Budget and Administration
Committee have reviewed the request and supporting documentation
and have determined, based on New York State Real Property Tax
Law, that the tax collector must honor the US Postal Service
postmark as the tax paid date; now, therefore, be it
RESOLVED, That the request for tax penalty expungement, by the
property owner at 714 and 718 West Clinton Street, be denied.
Carried Unanimously
Common Council - Other Service Agency 1997 Funding
Recommendations to Mayor on Ithaca Breast Cancer Alliance
This Item was withdrawn from the agenda.
* Alderperson Thorpe left the meeting at 10:45 p.m.
Attorney - Request Funds for Abstract to Determine Ownership of
Lehigh Valley Property on Jungle Island
By Alderperson Shenk: Seconded by Alderperson Efroymson
WHEREAS, the City Attorney's Office has recommended that the City
determine ownership of the old Lehigh Valley property on Jungle
Island for purposes of public health and safety reasons, and
WHEREAS, the estimated cost of an abstract for the property on
Jungle Island is $400; now, therefore, be it
RESOLVED, That an amount not to exceed $400 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-430
Attorney Fees for the purpose of funding said abstract.
Alderperson Shenk explained that the City owns a portion of this
parcel, and Conrail owns the other portion of it. Several
concerns have been raised about fire hazards in that area. The
City would like to clear the brush out, and Conrail is willing to
pay for the clearing of their section but ownership of the middle
section of the parcel needs to be determined before this can be
completed.
Alderperson Efroymson requested for the record that appropriate
City and human service agencies are notified and asked for their
assistance to make sure that the residents in this area are aware
of what is happening before any action is taken.
A vote on the resolution resulted as follows:
Ayes (8) - Shenk, Efroymson, Johnson, Blumenthal, Gray,
Nay (1) - Hanna
Carried
Fire Department - Request Funding for Americorps Grant Expenses
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, the Fire Department has successfully applied for and
received an Americorps grant, and
WHEREAS, the Americorps program has netted an increase of about
twelve bunkers from last year with an additional pool of
applicants in process, and
October 2, 1996
WHEREAS, the Americorps program has placed unfunded and increased
demands on various Fire Department expenditure areas such as;
training costs, uniform costs, administrative support costs,
training supplies and health insurance costs, and
WHEREAS, the total of these unfunded Americorps program costs for
1996 are $5,893 with additional costs due in 1997; now,
therefore, be it
RESOLVED, That an amount not to exceed $5,893 be transferred from
Account A1990 Unrestricted Contingency to the following Fire
Department accounts for the purpose of funding the 1996
Americorps program expenses:
A3410-5105 Administrative Salaries $ 425
A3410-5110 Staff Salaries 220
A3410-5415 Clothing 1,670
A3410-5435 Contracts 1,500
A3410-5440 Staff Development 1,478
A3410-5460 Program Supplies 600
$5,893
Carried Unanimously
DPW - Request to Amend DPW Authorized Personnel Roster
By Alderperson Shenk: Seconded by Alderperson Gray
WHEREAS, Toby Krantz was hired as a part-time and seasonal
employee to manage the City's 1996 sidewalk program through
August 30, 1996 which he has successfully completed, and
WHEREAS, Mr. Krantz has demonstrated good skills and judgment in
developing the contract documents and managing the construction
phases of the work, and
WHEREAS, the Engineering Group and the Water and Sewer Group have
an extensive backlog of approved capital projects which they wish
to complete and which can benefit from both Mr. Krantz's skills
and his familiarity with City personnel, procedures and projects,
and
WHEREAS, Mr. Krantz is currently available while he searches for
a permanent position to start his career; now, therefore, be it
RESOLVED, That the 1996 Authorized Personnel Roster be amended by
extending the employment of Toby Krantz until December 31, 1996
at a rate of pay of $14.69 an hour, not to exceed $14,500
including benefits applicable to a temporary employee, and be it
further
RESOLVED, That the funds for said personnel roster amendment be
derived from Capital Projects #506 Water Supply and Distribution
and #606 Sewer Collection Systems Improvement.
Carried Unanimously
Commons Coordinator - Request to Permit Wine Tasting and Sale of
Bottled Wine at Apple Harvest Festival
By Alderperson Shenk: Seconded by Alderperson Mackesey
RESOLVED, That King Ferry Winery shall be authorized to sell wine
and to permit tasting of the wines it sells at a booth during the
Apple Harvest Festival held on the Ithaca Commons from October 4
- October 6, 1996, subject to said entity's compliance with all
applicable State and Local Laws and Ordinances.
Carried Unanimously
Finance/Chamberlain - Temporary Appointment to Position of Deputy
City Chamberlain
By Alderperson Shenk: Seconded by Alderperson Mackesey
WHEREAS, City Chamberlain Debra Parsons is on medical leave for a
period of up to 8 weeks, beginning October 2, 1996; now,
therefore, be it
October 2, 1996
RESOLVED, That Joyce Day, currently the Office Manager in the
Chamberlain's Office, be temporarily appointed to the position of
Deputy City Chamberlain, for a period of up to eight (8) weeks,
at an annual salary of $40,044. This salary represents an
increase of 8%, and is consistent with out of title provisions of
the current CSEA Administrative Unit Contract.
Carried Unanimously
Sales Tax Holiday
By Alderperson Mackesey: Seconded by Alderperson Hanna
RESOLVED, That Mayor Cohen be directed to write a letter to the
Tompkins County Board of Representatives endorsing the January
Sales Tax Holiday.
Extensive discussion followed on the floor with Council members
voicing their concerns regarding the loss of sales tax revenue,
as well as the additional burden of calculating different sales
tax rates will place on local merchants.
A vote on the Resolution resulted as follows:
Ayes (5) Mackesey, Sams, Blumenthal, Hanna, Gray
Nays (4) Johnson, Efroymson, Shenk, Marcham
Motion Fails
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
An Ordinance Amending Section 325-5, Zoning Map, of Chapter 325
Entitled “Zoning” of the City of Ithaca Municipal Code, Regarding
Re-zoning an Area From B-4 to CBD-60--Declaration of No
Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, an Ordinance amending Section 325-5, Zoning Map, of
Chapter 325, regarding re-zoning an area from B-4 to CBD-60, has
been submitted to Common Council for consideration, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
dated October 1, 1996, and be it further
RESOLVED, That this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and hereby is,
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office, and forward the same to
any other parties as required by law.
Carried Unanimously
An Ordinance Amending the Zoning Map Established Pursuant to
Chapter 325 entitled “Zoning” of the City of Ithaca Municipal
Code (400 Block East State Street Rezoning)
By Alderperson Blumenthal: Seconded by Alderperson Johnson
ORDINANCE NO. 96 __
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF CHAPTER 30
ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL CODE.
October 2, 1996
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
SECTION 1. AMENDING THE ZONING MAP.
1. The "Official Zoning Map of the City of Ithaca, New York", as
last amended, is hereby amended and changed so that the following
described area presently located in the B-4, Business District,
is reclassified and changed to the CBD-60, Central Business
District:
All that tract and parcel of land described as follows:
Beginning at a point in the northeasterly corner of the
northerly portion of City of Ithaca tax parcel number 69-6-3;
thence southerly along the easterly boundary line of the
northerly portion of tax parcel number 69-6-3 to the south-
easterly corner of the northerly portion of tax parcel number 69-
6-3; thence southerly on the same course as the easterly boundary
line of the northerly portion of tax parcel number 69-6-3 to a
point in the southerly boundary line of tax parcel number 69-6-
15; thence westerly along the southerly boundary line of tax
parcel number 69-6-15 to the southwesterly corner of tax parcel
number 69-6-15; thence westerly to the southeasterly corner of
the southerly portion of tax parcel number 69-6-3; thence
westerly along the southerly boundary line of the southerly
portion of tax parcel number 69-6-3 to the southwesterly corner
of the southerly portion of tax parcel number 69-6-3; thence
northerly, along the westerly boundary line of the southerly
portion of tax parcel number 69-6-3; thence northeasterly along
the northwesterly boundary line of the southerly portion of tax
parcel 69-6-3, thence easterly along the northerly boundary line
of the southerly portion of tax parcel number 69-6-3 to a point,
said point being the southwesterly corner of tax parcel number
69-6-1; thence northerly and northeasterly along the westerly and
northwesterly boundary line of tax parcel number 69-6-1 to the
northeasterly corner of tax parcel number 69-6-2; thence easterly
along the northerly line of tax parcel number 69-6-2 to the
northeasterly corner of tax parcel number 69-6-2; thence easterly
to the northwesterly corner of the northerly portion of tax
parcel number 69-6-3, thence easterly along the northerly
boundary line of the northerly portion of tax parcel number 69-6-
3 to the point or place of beginning. This area includes all of
tax parcel numbers 69-6-3, 69-6-1, and 69-6-2, and a portion of
tax parcel number 69-6-15.
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
An Ordinance Amending the Zoning Map Established Pursuant to
Chapter 325 entitled “Zoning” of the City of Ithaca Municipal
Code--Declaration of No Significant Environmental Effect
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, an Ordinance Amending Section 325-8, District
Regulations Chart, of the City of Ithaca Municipal Code, to
modify the list of permitted uses in B-1 and C-SU zones, has been
submitted to Common Council for consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
October 2, 1996
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Short Environmental Assessment Form
dated September 24, 1996, and be it further
RESOLVED, That this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration,and the City Clerk be, and hereby is,
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
An Ordinance Amending the Zoning Map Established Pursuant to
Chapter 325 entitled “Zoning” of the City of Ithaca Municipal
Code (B-1 Zone/Medical Offices Zoning Amendment)
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
ORDINANCE NO. 96 --
An Ordinance Amending the Zoning Map, Section 325-8 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. The City of Ithaca Municipal Code, Section 325-8
entitled "District Regulations" is hereby amended as follows:
1. Revise Item 2 in Column 2, Permitted Primary Uses, for
C-SU to read:
“2. Professional offices of computer consultant,
architect, engineer, lawyer, realtor, accountant,
planning, management, design and finance consultants,
and similar occupations based on provision of written,
verbal, graphic or electronically-transmitted
materials to clients; or medical or dental offices.
(See Sec. 325-42, -43, and -44)”
2. Delete Item 3 in Column 2, Permitted Primary Uses, for
C-SU.
3. Revise Item 1 in Column 2, Permitted Primary Uses, for
B-1 to read:
“1. Any use permitted in C-SU.”
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
Designation of the Mutual Housing Association as Preferred
Sponsor for Land Sale
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca supports the goal of creating
affordable housing opportunities and,
October 2, 1996
WHEREAS, the City of Ithaca has transferred to the Ithaca Urban
Renewal Agency (IURA) a parcel of land adjacent to the existing
Mutual Housing Association of Tompkins County (MHATC) project,
for the intended purpose of selling the parcel to MHATC for use
in developing affordable housing, and
WHEREAS, the proposed improvements are consistent with the
development goals of the Urban Renewal Plan and with the
conclusions of the Northside Design Study, and will result in an
increase in the stock of affordable housing, and
WHEREAS, the IURA intends to transfer the land to the MHATC for a
sale price of $1, stipulating a completion date, and with an
agreement containing reversion language for non-performance or
the cessation of use for affordable housing; now, therefore, be
it
RESOLVED, That the Common Council endorses the sale of this land
to MHATC by the IURA per the above terms and conditions, pending
the designation by the IURA of the MHATC as the prime sponsor for
the project and per the holding of a public hearing by the Common
Council, as required by the IURA land disposition process.
Ayes (8) - Blumenthal, Efroymson, Hanna, Gray, Shenk, Mack
Nays (0)
Abstention (1) - Sams
Carried
The “Clean Water, Clean Air” Bond Act
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, Governor George Pataki proposed a “Clean Water, Clean
Air” Bond Act to help improve the State’s economic
competitiveness and protect local governments from burdensome
unfunded environmental mandates, and
WHEREAS, the Legislature passed legislation which would authorize
the State to borrow $1.75 billion to improve drinking water
standards, upgrade wastewater treatment systems, provide funding
for solid waste initiatives, and improve air quality, and
WHEREAS, the Bond Act addresses significant environmental
problems in both urban and rural locations and provides local
real property tax relief by targeting existing environmental
mandates, and
WHEREAS, the programs that would be funded with proceeds from the
Bond Act include: Water quality improvements and upgrades of
sewage treatment facilities; Municipal parks and open space
preservation; Improvements to drinking water systems; Landfill
closures and recycling programs; Cleanup and reuse of
contaminated sites known as “brownfields”; and Projects to
improve air quality, and
WHEREAS, without the resources of the Bond Act, local governments
would be required to comply with these federal and state mandates
by continuing to rely on the local property tax, and
WHEREAS, the City is eligible for such funding, and
WHEREAS, the “Clean Water, Clean Air” Bond Act will appear on the
November, 1996 ballot for passage by the voters of New York
State; now, therefore, be it
RESOLVED, That the City of Ithaca hereby supports the 1996 “Clean
Air/Clean Water” Bond Act and urge its approval by the voters of
New York State during the November, 1996 General Election.
Carried Unanimously
Awning Ordinance Revisions - Report
Alderperson Blumenthal reported that the Planning Committee has
reviewed the awning ordinance and has decided to eliminate color
as a consideration in the procedure for approval of awnings. She
October 2, 1996
stated that approval of awnings would be granted by the Building
Commissioner. A draft ordinance is forthcoming.
New Southwest Park/Provision of Public Access From Elmira Road -
Report
Alderperson Blumenthal reported that this issue will be discussed
in detail at the next Planning Committee meeting.
Southwest Area Land Use Study
Alderperson Blumenthal reported that the Planning Board voted
unanimously to support the re-zoning of the portion of the area
presently zoned for mobile homes to B-5. She stated that an
environmental review needs to be completed by the City for a
zoning change, but because of the size of the property, an
environmental review would be very costly. The Mayor suggested
that the City delay the review as it may be possible to have a
prospective developer conduct it.
Discussion followed on the floor regarding the possible
development of this site.
Steep Slopes - Report
Alderperson Blumenthal reported that the Conservation Advisory
Council has requested re-zoning along the hillsides of Cliff
Street, Floral Avenue and Linn Street. She and Planning and
Development Director Van Cort have agreed to define the areas to
investigate and to produce maps with the requested boundaries of
100 to 150 feet. An intern may be able to research how other
communities have created steep slope ordinances.
Automated Parking Equipment
Alderperson Blumenthal reported that the Board of Public Works
have discussed details and policies which coincide with magnetic
stripe technology. The City hopes to have the automated parking
equipment in place soon.
Memorandum of Understanding with New York State Office of Parks,
Recreation and Historic Preservation
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca has previously decided to alienate
and convert approximately six and one half acres of land on Inlet
Island, and
WHEREAS, it has decided to acquire 72 acres of replacement
property located at Ithaca Falls, Six Mile Creek corridor and
Inlet Trail, and
WHEREAS, it has been determined by the New York State Office of
Parks, Recreation and Historic Preservation (Parks) that an
archeological survey of some of these sites may be required, and
WHEREAS, it is in the interest of both Parks and the City to
proceed as expeditiously as possible with alienation, conversion
and acquisition of substitute park lands; now, therefore, be it
RESOLVED, That the Mayor is hereby authorized and directed to
sign a Memorandum of Understanding dated October 3, 1996 with the
New York State Office of Parks, Recreation and Historic
Preservation, which commits the City to ensure that an
archeological survey of each substitute parcel is made before any
substitute parcel is developed.
Carried Unanimously
COMMUNITY ISSUES COMMITTEE:
Neighborhood Improvement Incentive Fund
By Alderperson Sams: Seconded by Alderperson Mackesey
WHEREAS, this fund is set up in recognition of the many Ithaca
residents who would like to take proactive measures to improve
their communities, but who lack the financial ability to do so,
October 2, 1996
and
WHEREAS, because so many people are concerned about the
deterioration of both the physical and social characteristics of
their neighborhoods, this program offers an incentive for people
to think creatively and practically about what types of things
might do their neighborhoods the most good, and
WHEREAS, the money in this fund should not substitute for
neighborhood fund-raising or for capital improvements to the
neighborhood; instead it is money to make small projects easily
done and seed money for larger projects, and
WHEREAS, the purpose of this fund is to give financial assistance
to city residents who want to improve their neighborhoods, and
WHEREAS, money will be given for a wide range of projects,
including but certainly not limited to: neighborhood clean up,
planting in public spaces, organizing neighborhood events like
area-wide reuse events or block parties, holding meetings for
residents, etc. but is not to be used for salaries or event
organizers or for hours spent making physical improvements; the
intention is that this money will encourage volunteerism, not
replace it, and
WHEREAS, this program includes funding for the public planting
and neighborhood clean up trash tag programs. Projects that fall
under these programs shall be subject to the rules and
application process already approved for these programs, and
WHEREAS, $2,500. will be set aside from unrestricted contingency
in 1996 for this purpose. The money will be distributed in
increments not to exceed $300. per year to any one group of
people. Preference will be given to neighborhoods not recently
granted money from this fund, and
WHEREAS, Common Council recognizes the value of physical
improvements to neighborhoods, to the health and welfare of City
residents; now, therefore, be it
RESOLVED, That the requirements shall be as follows:
1. The project must benefit the neighborhood generally; not just
a select few residents. Preference will be given to projects
that benefit many residents as opposed to few.
2. The application is a brief description of the proposed
project, including documentation of costs involved, along with
signatures of neighborhood residents. For requests under $100.,
five signatures are required; for requests over $100., 20
signatures are required.
3. The Neighborhood Planner will assist groups in the
application process and will review applications before sending
them to the Community Issues Committee to ensure appropriate
environmental impact review standards are met, and other concerns
are addressed.
4. Applications will be reviewed by the Community Issues
Committee, which shall have the ability to authorize expenditures
for the projects it approves, within the limits described above;
and be it further
RESOLVED, That $2,500. be transferred from Unrestricted
Contingency to A1490-435 for the purpose of a Neighborhood
Improvement Incentive Program as defined above.
Carried Unanimously
NEW BUSINESS:
Appointment to the Business Improvement District (BID) Committee
October 2, 1996
By Alderperson Efroymson: Seconded by Alderperson Gray
RESOLVED, That Alderperson Blumenthal be appointed as a
representative of Common Council to the Business Improvement
District (BID) Committee.
Carried Unanimously
Police Chief Selection Process - Appointment to Start-Up
Committee
Alderpersons Thorpe, Shenk, Sams, and Johnson volunteered to
serve on the Start-up Committee for the selection of a new Police
Chief.
ADJOURNMENT:
On a motion the meeting adjourned at 11:40 p.m.
Julie Conley Holcomb, CMC Alan J. Cohen
City Clerk Mayor