HomeMy WebLinkAboutMN-CC-1997-07-02
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. July 2, 1997
PRESENT:
Mayor Cohen
Alderpersons (9) - Sams, Shenk, Mackesey, Hanna, Gray,
Thorpe, Marcham, Blumenthal, Efroymson
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Building Commissioner - Eckstrom
Deputy Planning and Development Director - Sieverding
Community Development Administrator - Stevenson
Acting Police Chief - Barnes
Superintendent of Public Works - Gray
EXCUSED:
Alderperson Vaughan
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
Approval of the March 5, 1997 Common Council Meeting Minutes
Approval of the March 5, 1997 minutes was postponed until the
August meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
COMMUNITY ISSUES COMMITTEE:
Alderperson Sams requested the addition of an executive session,
and further requested that Item 19.4 Teen Center Endorsement -
Resolution, be added to the Consent Agenda.
Alderperson Gray requested the addition of Item 19.5 Access
Advisory Board - Resolution.
No Council member objected.
CONSENT AGENDA:
Alderperson Gray requested that Item 16.1 IURA/DPW - Request
Amendment to Southside Community Center Project be removed from
the Consent Agenda.
BUDGET AND ADMINISTRATION COMMITTEE:
Alderperson Marcham requested the addition of Item 17.7
Appointment of Police Chief, and Item 17.8 Police Department -
Request Authorization for Law Enforcement Block Grant Application
and Funding Match - Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Mayor Cohen requested the addition of Item 4.2 - Public Hearing to
consider the Community Development Block Grant Program Homebuyer
Assistance Program.
No Council member objected.
July 2, 1997
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SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Section 325-3.B
Entitled “Specific Terms of Works” - Definition of “Home
Occupation” of Chapter 325 Entitled “Zoning” of the City of Ithaca
Municipal Code.
Resolution to Open Public Hearing
By Alderperson Shenk : Seconded by Alderperson Mackesey
RESOLVED, That the Public Hearing to consider an Ordinance
Amending Section 325-3 B of the City of Ithaca Municipal Code be
declared open.
Carried Unanimously
No one appeared before Council to address this issue.
Resolution to Close Public Hearing
By Alderperson Hanna : Seconded by Alderperson Mackesey
RESOLVED, That the Public Hearing to consider an Ordinance
Amending Section 325-3 B of the City of Ithaca Municipal Code be
declared closed.
Carried Unanimously
Public Hearing to Authorize A Program Amendment for CDBG Homebuyer
Assistance Program
Resolution to Open Public Hearing
By Alderperson Mackesey : Seconded by Alderperson Sams
RESOLVED, That the Public Hearing to Authorize A Program Amendment
for CDBG Homebuyer Assistance Program be declared open.
Carried Unanimously
Paul Stevenson, Community Development Administrator, explained the
Homebuyer Assistance Program.
Bill McCormick addressed Council and spoke in opposition to the
amending language.
Resolution to Close Public Hearing
By Alderperson Shenk : Seconded by Alderperson Gray
RESOLVED, That the Public Hearing to Authorize A Program Amendment
for CDBG Homebuyer Assistance Program be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Ginger Cohen, City of Ithaca addressed Council on behalf of
Friends of the Library, and voiced her opposition to the Esty
Street Sidewalk Proposal. Ms. Cohen read a petition which was
signed by 85 volunteers from Friends of the Library. The petition
was submitted for filing in the City Clerk’s Office.
Jean Finley, City of Ithaca, addressed Council regarding the
feasibility of municipalization of the cable system and leasing it
to an operator. She requests the inclusion of this issue in the
Cable Refranchise RFP.
Bill McCormick, City of Ithaca, addressed Council in opposition to
the Esty Street Sidewalk Proposal. He further spoke regarding
two-way Cable Communications.
Faye Goughakis, City of Ithaca, thanked the Mayor and the Police
Chief Screening Committee for all their hard work in selecting a
new Police Chief. Ms. Goughakis also spoke in regards to the
Michael Angeley case and Common Council’s response.
July 2, 1997
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RESPONSE TO THE PUBLIC:
CABLE REFRANCHISE
Alderperson Efroymson responded to comments regarding the cable
re-franchising RFP. Alderperson Efroymson recommended that
Council discuss the content of public access channels.
Alderperson Hanna spoke in regards to the Public Access System,
and the municipalization of the cable system.
Alderperson Sams spoke in regard to personal attacks on people
through the Cable Access System.
Mayor Cohen responded to comments made during the CDBG Homebuyer
Assistance Program Public Hearing. Mayor Cohen also spoke on the
Cable Access System and Freedom of Speech.
Alderperson Mackesey spoke on community standards and the Cable
Access System., and also apologized for comments she made at the
June meeting regarding the Third Ward Democratic Committee’s
candidate selection process.
Alderpersons Thorpe and Blumenthal recommended that the Cable
Access System be referred to the Community Issues Committee for
further discussion.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Efroymson stated that the City has committed funds up
to $100,000 to hire a consultant to work on the cable
refranchising project. Discussions will be held with other
municipalities who are in the process of cable refranchising
regarding contributing funds towards the consultant.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen thanked the Police Chief Screening Committee, in
particular Alderpersons Sams and Thorpe, for all their hard work
and commitment.
Mayor Cohen read a letter from John Rowley thanking City Forester,
Andy Hillman, for his assistance during the removal of a Maple
Tree in his front yard.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Vice-Chair Ehrhardt thanked Alderpersons Shenk and Mackesey, Mrs.
Teeter, a resident of Spencer Road, and Dan Cole, City Traffic
Engineer for their assistance in reconfiguring the traffic pattern
on Spencer Road.
The Traffic Committee will meet on July 15 to discuss the stop
sign configuration at South Terrace/Hillview Place, and pedestrian
crossings at Mitchell Street and College Avenue.
Detour signs will be posted during the Mitchell Street
construction project to assist people in locating the Collegetown
Business District.
July 2, 1997
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The following letter was read into the record regarding Esty
Street sidewalks:
On June 11, The Board of Public Works approved the sidewalk
program for 1997. Included in the program are sidewalks for both
sides of Esty Street, between Meadow and Fulton Streets. The Esty
Street sidewalks were approved by the Board in 1996, pursuant to
its responsibility and authority under the city charter. The
Board conducted a formal public hearing as required by the charter
and, following that hearing and significant discussion, approved
the sidewalks by a 4-0 vote with one abstention. In consideration
of feedback from Esty Street property owners and in recognition
that Esty Street was still a dead-end street at that time, the
Board made clear its intention to build the sidewalks but chose to
delay construction for a period of one-year until Esty Street was
linked to Fulton. We also requested that during that one-year
period, Common Council examine and possibly amend the funding
mechanism for the sidewalk program. Council did not amend it,
which, in retrospect, was wise. If the sidewalk program had to
compete for property tax revenue in the present budget climate,
Ithaca’s sidewalks would probably soon deteriorate. So, on June
11, the Board followed through on its resolution of one year ago
and included the already approved Esty Street sidewalks in the
program, by a 4-0 vote.
Last week the Budget and Administration Committee of Common
Council narrowly voted against funding sidewalks for the North
side of Esty Street. Given that this would effectively delete a
portion of the program approved by the Board of Public Works, I
want to read into the record tonight the reasons for the Board’s
original decision.
In making its decision, the Board applied the following criteria:
present necessity, changes to the neighborhood caused by the
Rt. 96 project, long term planning objectives, and lack of
hardship.
1. Present necessity. In 1996 the case for building sidewalks
based solely on this criterion was not strong. In 1997, it is a
year ago, Esty Street was a dead-end street. Today, the West End
project has linked Esty Street to the rest of the neighborhood.
Pedestrians will use it not only to gain safe access to businesses
on Esty Street but to destinations elsewhere in the neighborhood.
2. Changes caused by the Route 96 project. Esty Street is part
of a neighborhood that has just been physically transformed and
which will see significant changes in its land use. Until this
summer, warehouses may well have been the highest and best use of
a dead-end street in a neighborhood with poor infrastructure. It
is now a through street in a newly rebuilt, increasingly
commercial neighborhood. Land use changes prompted by the project
are already being pursued by the private sector, which recognizes
that the property in this area is now more valuable than before.
3. Long term planning objectives. The economic development of
the West End is an obvious objective of the project of which these
sidewalks are a part. Planning and Public Works support the
objective of getting people out of their cars and circulating on
foot. The 1994 Report of the Traffic Task Force recommends
construction of sidewalks to promote more and safer pedestrian
traffic. Obviously, the need to provide safe access to commercial
and residential properties by the physically disabled is of
serious concern. Plans to develop Inlet Island and the waterfront
July 2, 1997
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will link the West End to other commercial and recreational uses.
The decision to approve sidewalks on Esty Street is consistent
with all of these objectives.
4. Another question we considered was hardship. We found none.
The Board deals with assessments for sidewalks, water service,
sewer service, and trash removal very frequently. We know a
hardship case when we see one. Sometimes, in cases of hardship,
we reduce or expunge payment for city services, sometimes not.
For various reasons, we have chosen not to reduce sidewalk
assessments in certain cases involving people on fixed incomes,
people who barely read enough English to understand the
department’s communications, not-for-profits, and recently a
church in a low-income neighborhood that probably doesn’t have two
spare nickels in its building fund. The Board often agonizes over
these decisions and occasionally pushes the envelope of the
flexibility legally available to us, but having assessed low-
income property owners for their share of the sidewalk program,
the Board could not in good conscience exempt Esty Street property
owners of greater means from the same responsibility. The
appearance of this particular type of uneven-handed behavior on
the Board’s part would be detrimental to our ability to do our
job.
The Board also considered whether the decision would be anti-
business. We think not. Interestingly, the strongest supporters
of building sidewalks on Esty Street on the BPW include business
people--in part because, as business people, they recognize the
economic benefits and profit potential which the West End project
holds for area property owners.
Given all of these factors, the BPW approved the sidewalks for
both sides of Esty Street and explained to the property owners
that the Board’s responsibility is to the broader neighborhood, to
the city as a whole, and to the future as well as the present.
The only way the Board could have failed to approve these
sidewalks, would have been to adopt an irresponsibly narrow and
short-sighted perspective or to pretend that Esty Street was such
a special case that all of the aforementioned reasons to build the
sidewalks didn’t matter. One compromise we would have considered
had we the authority to do so, would be to alter the terms of
payment to allow people to make payments over time at a lower
interest rate than the ten percent annual rate called for by local
law. Perhaps Council can make that compromise tonight. We did
not consider sidewalks on only the Southside of the street as a
compromise. In the absence of a physical impediment to building
sidewalks on both sides of the street, it would be unfair to
impose a financial obligation only on property owners of the
Southside of the street. Some portion of the benefit of the
sidewalk would accrue to properties on both sides of the street.
And the entire street is part of the neighborhood.
In the last analysis, the Board approved sidewalks on both sides
of Esty Street because it is part of a mixed use
residential/commercial neighborhood, located at the crossroads of
four state highways, in the geographic center of metropolitan area
of some 50,000 residents, through which tens of thousands of
vehicles pass everyday, through which pedestrians pass everyday on
their way to home, work, stores, school, and parks. At the risk
of belaboring the obvious: In 1997, in urban centers throughout
the developed world, such neighborhoods need and have sidewalks on
both sides of its streets.
July 2, 1997
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Therefore, on behalf of the Board of Public Works, and with the
support of the Planning Board, which last week unanimously passed
a resolution endorsing the full sidewalk program presented by the
BPW, I respectfully request that Common Council restore the
sidewalk program as approved by the BPW, with sidewalks on both
sides of Esty Street, paid for by property owners as called for in
the City Charter, according to whatever schedule of payment and
whatever interest rate that Council deems appropriate.
Alderperson Shenk thanked Vice-Chair Ehrhardt for his efforts and
for working very closely with the community.
Cable Commission
Dick Cogger, Chair, Cable Commission, spoke regarding the Cable
Commission expanding to seven members, and the resolution to
reactivate the Access Advisory Board.
Alderperson Marcham objected to the wording of the Access Advisory
Board resolution, as she believes that it does not conform with
State law.
City Attorney Geldenhuys recommends that the Access Advisory Board
resolution be postponed until further research can be completed.
REPORT OF THE CITY CLERK:
City Clerk Conley Holcomb announced that the City has received a
Records Management Grant in the amount of $11,250. A consultant
will be hired to prepare a Business Process Analysis Feasibility
Study. The target areas are payroll, purchasing, centralized
billing and land-based records.
REPORT OF THE CITY CONTROLLER:
Controller Cafferillo reported that the City has lost 15 million
dollars in assessed property value. The City will be working with
the County Assessment Office regarding the determination of this
loss.
CONSENT AGENDA ITEMS:
BUDGET AND ADMINISTRATION COMMITTEE
16.2 Youth Bureau - Request Approval of Budget Amendment
By Alderperson Thorpe : Seconded by Alderperson Shenk
WHEREAS, the City is providing Cass Park Ball Field Maintenance
to various local softball and soccer leagues, which is a change
from 1996 when the leagues were providing their own maintenance,
and
WHEREAS, the City staff cost to provide this maintenance was
unbudgeted for 1997, and is estimated at $2,000, and
WHEREAS, the City and the leagues have agreed that the leagues
would pay for this service at an estimated revenue of at least
$2,500; now, therefore, be it
RESOLVED, That the 1997 Youth Bureau Budget be amended as
follows:
July 2, 1997
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Increase Revenues Accounts:
A7310-2410-1326 $1,500
A7310-2410-1332 $1,000
Increase Appropriations Accounts:
A7310-5120-1326 $1,000
A7310-5120-1332 1,000
A7310-9030-1326 77
A7310-9030-1332 77
A7310-9040-1326 173
A7310-9040-1332 173
Carried Unanimously
16.3 A Local Law to Amend Section C-44 of the City Charter
Pertaining to the Proceedings to Collect Unpaid Taxes
By Alderperson Thorpe : Seconded by Alderperson Shenk
LOCAL LAW No. ____ of the Year 1997
City of Ithaca
A Local Law to adopt the procedures set forth in Article 11 of
the Real Property Tax Law of the State of New York for Recovering
Unpaid Taxes
Be it enacted by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. This local law is intended
to adopt the procedures for collecting unpaid taxes delineated in
Article 11 of the Real Property Tax Law of the State of New York,
while retaining the penalty charges for unpaid taxes currently in
effect. This Local Law amends Section C-44 of the Ithaca City
Charter.
Section 2. Section C-44 of the Ithaca City Charter entitled
“Proceedings to collect unpaid taxes” is hereby deleted from the
Charter, subject to the following savings provisions:
A. For purposes of the enforcement of taxes which
shall have become liens prior to the effective date of this local
law, with the exception of the 1997 Ithaca City School District
taxes, and which are held by the City of Ithaca, the provisions
of Section C-44 in effect on the last day preceding the effective
date of this local law shall continue in effect for a period of
four years from the effective date of this local law, as fully
and to the same extent as if such laws had not been repealed or
superseded by this local law. During such four year period, if a
parcel is subject both to a lien or liens arising prior to the
effective date of this local law and to a lien or liens arising
on or after such effective date, the procedures applicable to the
enforcement of delinquent taxes shall depend upon the lien or
liens upon which the enforcement proceeding is based; provided,
July 2, 1997
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that if an installment agreement is executed pursuant to section
1184 of the Real Property Tax Law, the agreement shall apply to
all outstanding liens held by the City of Ithaca, no matter when
arising.
B. After four years from the effective date of this
local law, if the enforcement of such prior lien or liens shall
not have been concluded, as evidenced by the issuance of a tax
deed, the amount due shall be relevied and enforced in accordance
with the procedures of Article 11 of the Real Property Tax Law,
as amended.
Section 3. A new Section 44 of the Ithaca City Charter
entitled “Proceedings to collect unpaid taxes” is hereby created
as follows:
A. Adoption of Article 11 of the Real Property Tax Law
of the State of New York.
(1) Effective January 1, 1998, the City of Ithaca
shall follow the procedures to collect unpaid taxes as set forth
in Article 11 of the Real Property Tax Law of the State of New
York, as amended, and subject to the savings provisions set forth
in this local law. The newly adopted procedures shall apply to
tax liens created for real property taxes levied in 1998 and
Ithaca City School District taxes levied in 1997.
(2) The City of Ithaca shall assess a 15% penalty
on unpaid taxes on October 1 in the year of the initial due date
of the unpaid taxes. The City of Ithaca shall charge an
additional 10% penalty on October 1 of each year following the
assessment of such penalty.
(3) The penalties set forth above together with
the penalties charged pursuant to section C-43 of the Ithaca City
Code shall constitute the penalties and interest charges referred
to in Article 11 of the Real Property Tax Law of the State of New
York.
Carried Unanimously
Planning and Economic Development Committee:
16.4 Request Authority for Program Amendment for CDBG Homebuyer
Assistance Program
By Alderperson Thorpe: Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca is committed to the goal of expanding
first time homeownership, and
WHEREAS, the City of Ithaca received funds from the U.S.
Department of Housing and Urban Development (HUD) through both
its 1995 and 1996 multi-year Community Development Block Grant
(CDBG) awards to assist qualified first time homebuyers to
purchase houses, a program which is administered through Ithaca
Neighborhood Housing Services (INHS), and
WHEREAS, the City’s 1996 multi-year CDBG application included
funds in the second year (1997) for two first time homebuyer
programs, with the first program originally funded through the
1995 application and targeted at the Northside Neighborhood to
assist fifteen households, and with the second program available
to twenty households to purchase homes city-wide, and
July 2, 1997
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WHEREAS, the staff of INHS has expressed concern about the
potential for assisting fifteen households to purchase houses in
one neighborhood in a timely manner, and
WHEREAS, a public hearing has been held before Common Council on
this program amendment, now therefore be it
RESOLVED, that the Common Council authorizes the community
development staff to seek a program amendment from HUD for the
activity in the second year of the City’s 1996 CDBG award, now
known as the “Northside Homebuyers’ Program” be amended to:
a. have at a minimum five of the fifteen households to be
assisted purchase houses in the Northside Neighborhood as defined
by the application, and
b. that the remaining ten participating households be assisted to
purchase houses in the INHS Target Areas, being an area generally
defined as the downtown neighborhoods and lower West Hill (and
including the Northside Neighborhood), and
BE IT FURTHER RESOLVED, that the Council authorizes the Mayor to
sign the necessary documents to undertake this amendment.
Carried Unanimously
19.4 RESOLUTION ON TEEN CENTER ENDORSEMENT
By Alderperson Thorpe : Seconded by Alderperson Shenk
WHEREAS, area youth have expressed their wish for a downtown
space of their own, and
WHEREAS, this space would provide teens with a place that makes
them feel a part of the community, and that would enable
socializing, joining in creative projects such as theater, art
and music, and outreach efforts for youth at risk, and
WHEREAS, the members of the Teen Community Center Project have
been working to raise funds to create an independent not-for-
profit corporation to fill this need, now therefore be it
RESOLVED, that the City of Ithaca Common Council endorses the
concept of a teen center in downtown Ithaca, and the efforts of
the Teen Community Center Project to raise funds for that
purpose.
Carried Unanimously
REGULAR AGENDA ITEMS:
BUDGET AND ADMINISTRATION COMMITTEE:
16.1 IURA/DPW - Request Amendment to Southside Community Center
Project
By Alderperson Marcham : Seconded by Alderperson Blumenthal
WHEREAS, bids for the Southside Community Center Renovation and
Expansion Project were opened on June 10, 1997, and
WHEREAS, the bids and related costs came in over budget by
$188,000 due to poor engineering estimates by the project
engineer on the general construction contract of the project, and
WHEREAS, it has been estimated that the entire project, post bid,
will cost $772,000 for all specified project work, with current
available project budget at $584,000, and
July 2, 1997
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WHEREAS, Common Council has reviewed the shortfall and recommends
funding the deficit, and
WHEREAS, Common Council considers the Southside Community Center
as an important facility to the city for various youth programs
and general community activities; now, therefore, be it
RESOLVED, That Common Council hereby amends and expands Capital
Project #347 Southside Center HVAC System by an amount not to
exceed $188,000 for the purposes of funding the Southside
Community Center Renovation and Expansion Project overrun, and be
it further
RESOLVED, That the total Southside Community Center Project shall
be funded as follows:
City of Ithaca
Capital Project #347 $308,000
Capital Project #345 64,175
IURA
CDBG 1995 Award 175,000
CDBG 1996 Award 225,000
$772,175
and be it further
RESOLVED, That the $188,000 amendment will be derived from the
issuance of Serial Bonds.
Amending Resolution
By Alderperson Marcham : Seconded By Alderperson Thorpe
RESOLVED, That the second Whereas clause be amended to read as
follows: “WHEREAS, the bids and related costs came in over
budget by $188,000, and”
Carried Unanimously
Discussion followed on the floor with Paul Stevenson, Community
Development Administrator, explaining why the bid items came in
significantly higher than expected.
Amendment to Amending Resolution
By Alderperson Efroymson : Seconded by Alderperson Thorpe
RESOLVED, that the second Whereas be amended to read as follows:
“WHEREAS, the bids and related costs came in over the budget
estimate of Sear-Brown, of Elmira, New York, by $188,000, and”
Extensive discussion followed regarding the amendment.
A vote on the amendment to the amending resolution resulted as
follows:
Ayes (8) Sams, Mackesey, Hanna, Gray, Thorpe
Marcham, Blumenthal, Efroymson
Nays (1) Shenk
Carried
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
July 2, 1997
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17.1 Common Council/DPW - Authorization of Sidewalks on Esty
Street
By Alderperson Shenk : Seconded by Alderperson Hanna
WHEREAS, the Department of Public Works is considering placing
sidewalks on Esty Street as part of the 1997 Sidewalk Project,
and
WHEREAS, DPW staff and the Budget and Administration Committee
have reviewed the Esty Street sidewalk, and the B&A Committee
recommends Esty Street sidewalks on the south side of the street
only and that the north side sidewalks should be deferred to a
future date, and
WHEREAS, the Board of Public Works approved the amendment of an
additional $36,000 to Capital Project #249 DPW Sidewalk Program
1997 for the purpose of including Esty Street sidewalks along
with other scheduled repairs; now, therefore, be it
RESOLVED, That Capital Project #249 DPW Sidewalk Program 1997 be
amended by an added amount not to exceed $36,000 for a total 1997
DPW Sidewalk Program authorization of $111,000 for the purposes
of including Esty Street sidewalks along with other scheduled
sidewalk repairs for 1997, and be it further
RESOLVED, That Common Council authorizes the Department of Public
Works to include Esty Street sidewalks on the south side of the
street only, and to defer the sidewalks on the north side of Esty
Street to a future date, and be it further
RESOLVED, That funds for the said $36,000 amendment will be
derived from the issuance of Serial Bonds.
Amending Resolution
By Alderperson Thorpe : Seconded by Alderperson Gray
RESOLVED, That the second Whereas clause, and second Resolved
clause be amended as follows:
“WHEREAS, DPW staff and the Budget and Administration Committee
have reviewed the Esty Street Sidewalk Project, and”
“RESOLVED, That Common Council authorizes the Department of
Public Works to include Esty Street sidewalks, and be it further”
Discussion followed on the floor regarding the process that the
Board of Public Works, and Planning Board followed while
investigating this issue.
A vote on the amending resolution resulted as follows:
Ayes (8) Sams, Shenk, Mackesey, Hanna, Gray,
Thorpe, Marcham, Blumenthal
Nays (1) Efroymson
Carried
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) Sams, Shenk, Mackesey, Hanna, Gray,
July 2, 1997
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Thorpe, Marcham, Blumenthal
Nays (1) Efroymson
Carried
RECESS:
Common Council recessed at 9:05 P.M.
RECONVENE:
Common Council reconvened into regular session at 9:20 P.M.
EXECUTIVE SESSION:
By Alderperson Marcham : Seconded By Alderperson Shenk
RESOLVED, That Common Council adjourn into executive session to
discuss possible litigation, a personnel item, and a tax payment
issue.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no formal
action being taken.
17.2 City Attorney - Request to Settle Claim
By Alderperson Marcham : Seconded by Alderperson Efroymson
RESOLVED, That an amount not to exceed $234 be transferred from
Account A1990 Unrestricted Contingency to Account A1420-5430 Fees
for the purpose of a settlement of claim.
Carried Unanimously
17.3 DPW - Request to Establish Capital Project for Stewart
Avenue/Cascadilla Creek Bridge Repair
By Alderperson Marcham : Seconded by Alderperson Hanna
WHEREAS, the Department of Public Works has received word from
the New York State DOT that the Stewart Avenue bridge over
Cascadilla Creek is in need of repair, and
WHEREAS, the bridge repair has been estimated to cost $120,000
which will go out for bid in mid-July; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the establishment
of Capital Project #348 Stewart Avenue Bridge Repair over
Cascadilla Creek in an amount not to exceed $120,000 for the
purpose of repairing said bridge, and be it further
RESOLVED, That funds for said Bridge Project shall be derived
from the issuance of Serial Bonds.
Carried Unanimously
17.4 Finance/Chamberlain - Request to Authorize Tax Payment Plan
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, City Charter provides that City tax sale liens be paid
in reverse chronological order, and
WHEREAS, Roseanne Vicheir-Guerre has requested an extension of
the period to redeem 223 Willard Way from the 1994 City Tax Sale,
now therefore be it
RESOLVED, That Roseanne Vicheir-Guerre be allowed to pay the 1994
City Tax Sale lien, before the 1995 and 1996 tax sale liens,
without affecting the order of payment or penalties of the 1995
and 1996 liens, in order to grant her the requested extension.
July 2, 1997
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Carried Unanimously
17.5 Finance/Chamberlain - Request to Adjust Tax Warrant
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, the property owner of 1311 North Cayuga Street has
requested an expungement of $241.80 in Water and Sewer bills, and
WHEREAS, said bills were unpaid and added to the property owner's
tax bill, and
WHEREAS, upon review of the water and sewer bills by City staff,
it has been determined that the bills should be expunged; now,
therefore, be it
RESOLVED, That Common Council agrees with City staff and
correction to the 1997 tax warrant for the property owner of 1311
North Cayuga Street in the amount of $241.80, and be it further
RESOLVED, That the property owner of 1311 North Cayuga Street is
hereby allowed to make payment of taxes of $80.53 without
penalty.
Carried Unanimously
17.6 ESTABLISHMENT OF PERSONNEL ROSTERS
By Alderperson Marcham : Seconded by Alderperson Thorpe
RESOLVED, that effective July 3, 1997, the Personnel Rosters of
the Department of Finance, Department of Personnel, and
Department of the City Clerk shall be as follows:
Department of Finance/Office of the City Controller
1 City Controller
1 Deputy City Controller
1 Administrative Secretary (40 hours)
1 City Buyer (32 hours)
1 Payroll Coordinator
Department of Finance/Office of the City Chamberlain
1 City Chamberlain
1 Office Manager
2 Principal Account Clerks
2 Account Clerk-Typists
1 Account Clerk
Department of Personnel
1 Director of Personnel
1 Deputy Director of Personnel (27 hours)
1 Personnel Administrator (to be eliminated when the Director of
Personnel and Deputy Director of Personnel positions are
filled)
1 Administrative Secretary
1 Senior Typist
Department of the City Clerk
1 City Clerk
1 Deputy City Clerk
July 2, 1997
14
1 Administrative Secretary
and be it further
RESOLVED, that $18,070 be transferred from Account A1430-5105 to
Account A1315-5110, as related to the position of Payroll
Coordinator.
Carried Unanimously
17.7 Appointment of Police Chief
By Alderperson Marcham : Seconded by Alderperson Thorpe
RESOLVED, That Richard P. Basile is hereby appointed to the
position of Police Chief of the City of Ithaca at an annual
salary of $70,000 effective July 18, 1997.
Carried Unanimously
Common Council thanked Deputy Police Chief Barnes for his
commitment, professionalism, and grace during the last 18 months.
17.8 Police Department - Request Authorization for Law
Enforcement Block Grant Application and Funding Match
By Alderperson Marcham : Seconded by Alderperson Sams
WHEREAS, the City is eligible for $18,324 in federal funding
under the Local Law Enforcement Block Grant Program established
within the Bureau of Justice Assistance 1997 Omnibus
Appropriations Act, and
WHEREAS, the City’s eligible funding may be used for law
enforcement purposes, including upgrading equipment resources,
and
WHEREAS, the Acting Police Chief and Department staff support the
use of the grant funding to enhance the City’s Smart Trailer
Program with the purchase of an additional computerized smart
trailer and upgrading the existing trailer with an on-board
computer, and
WHEREAS, the City would be required to submit an application by
July 11, 1997 and contribute $2,033 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 U.S. Department of Justice Law Enforcement
Block Grant for the purpose of enhancing the City’s Smart Trailer
Program, and be it further
RESOLVED, That an amount not to exceed $2,033 be transferred from
A1990 Unrestricted Contingency to Account A3120-5435 Police
Contractual for the purpose of funding necessary matching funds
related to said grant and are contingent upon approval of said
block grant.
Carried Unanimously
17.9 Authorization to Expend Funds for Legal Fees
By Alderperson Marcham : Seconded by Alderperson Shenk
RESOLVED, That the expenditure of an amount not to exceed $10,000
is authorized to cover legal fees subject to a deductible under
insurance coverage of the City, to be taken from unrestricted
contingency.
Carried Unanimously
July 2, 1997
15
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.1 An Ordinance Amending Section 325-3.B. of Chapter 325
entitled “Specific Terms or Words” - definition of “Home
Occupation”- Declaration of No Significant Environmental Impact
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, an Ordinance amending Section 325-3.B. of the City of
Ithaca Municipal Code, regarding “Specific Terms or Words” -
definition of “Home Occupation” of Chapter 325 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 Common Council of the City of Ithaca 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 June 26, 1997, and be it further
RESOLVED, That Common Council of the City of Ithaca as lead
agency, hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
18.2 An Ordinance Amending Section 325-3.B. of Chapter 325
entitled “Specific Terms or Words” - definition of “Home
Occupation”
By Alderperson Blumenthal : Seconded by Alderperson Shenk
ORDINANCE NO. 97____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code , Section 325-3.B
entitled “Specific Terms or Words” which includes the definition
of “Home Occupation;” is hereby amended as follows:
HOME OCCUPATION:
(1) A subordinate use of a nonresidential nature which is
conducted within a dwelling unit or a building accessory thereto
by a resident of the dwelling unit, who maintains the dwelling
unit as his or her principal residence, which is clearly
incidental and accessory or secondary to the use of the property
for residential purposes and which meets the following additional
conditions:
(a) The occupation or activity is carried on wholly within
the principal building or within a building or other structure
accessory thereto. The purpose of the occupation or activity may
July 2, 1997
16
be the administration or management of a business that has no
impact on the surrounding neighborhood other than that permitted
by the following criteria. (See the definition of "accessory
building.")
(b) Not more than two (2) persons who are not residents of
the household are employed or participate in the occupation at
the residence.
(c) There are no exterior displays or signs, including
those on vehicles parked outdoors, except as permitted under
Chapter 272, Signs, of this Code.
(d) No offensive odor, noise, vibration, smoke, dust, heat
or glare is produced. (See § 325-23 of this chapter.)
(e) The "home occupation" does not generate traffic in any
greater volume than would normally be expected in the affected
residential neighborhood, and any need for parking generated by
the occupation is met, off the street and in accordance with the
regulations of § 325-20 of this chapter.
(f) The occupation occupies no more than twenty-five
percent (25%) of the dwelling unit and no more than a total of
five hundred (500) indoor square feet, including accessory
structures.
(g) There is no exterior storage of materials, nor in an R1
Zone more than a single marked or signed vehicle used by or
advertising the occupation that is not stored in a building, and
similarly no more than two (2) such vehicles in R2 Zones and in
R3 and in all other zones no more than three (3) such vehicles;
and there is no other exterior indication of the "home
occupation" or variation from the residential character of the
lot or of the surrounding neighborhood.
(2) In particular, a "home occupation" includes but is not
limited to the following: an art studio, dressmaking, teaching,
telecommuting, conducting a computer based business and the
professional office of a lawyer, engineer, architect, real estate
broker or insurance agent within a dwelling unit which is his or
her principal residence. "Home occupations" include the use of
space in the home for business recordkeeping, storage of goods
used or sold by the occupation or parking vehicles used in the
occupation even if occupation primarily conducts business off
premises.
(3) The term home occupation shall not be construed to authorize
retail uses in any residential zoning district.
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
18.3 ECONOMIC DEVELOPMENT PLAN PROPOSAL
By Alderperson Blumenthal :Seconded by Alderperson Gray
WHEREAS, the City’s General Plan was published in 1971, and
WHEREAS, there have been several other studies on Ithaca’s
economy in the intervening years, and
WHEREAS, these studies have usually focused on geographic
sub-areas within the City or subsectors within the city’s
economy, and
July 2, 1997
17
WHEREAS, there have been no recent comprehensive studies of the
city’s economy as it exists within the larger context of all
economic activities in Tompkins County, and
WHEREAS, the City Government’s actions have an impact on the
economic well being of the community, and
WHEREAS, there is a consensus that the City government should be
a partner in strengthening the local economy, and
WHEREAS, the City government can best carry out its role in this
partnership if it has a clear understanding of the strengths and
weaknesses of the local economy, as well as the opportunities for
growth and development which may be stimulated by local
government action, and
WHEREAS, it has been proposed that an Economic Development Plan
be prepared by Planning Environmental Research Consultants
(PERC), in cooperation with the City Planning & Development
staff, now, therefore be it
RESOLVED, That the Mayor is hereby authorized and directed to
enter into a contract with Planning Environmental Research
Consultants to perform an Economic Development Plan for the City
for an amount not to exceed $8,750.00, plus a budget of up to
$1,000 for reimbursable expenses, and, be it further,
RESOLVED, That a budget up to $9,750 be transferred from the
unrestricted contingency line #A1990 to the Planning and
Development Department fees line #A8020 5435 for the consultant
contract and reimbursable expenses associated with the
preparation of the Economic Development Plan.
Amending Resolution:
By Alderperson Blumenthal : Seconded by Alderperson Thorpe
RESOLVED, That a Whereas be added after the sixth Whereas clause
to read as follows:
“WHEREAS, the County government is presently undertaking a
strategic economic development plan for Tompkins County, which
affords an opportunity for the City to coordinate its long term
economic development planning with the county, and”
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
18.4 WATERFRONT PLAN - REPORT
Alderperson Blumenthal distributed a copy of the resolution that
the County has adopted regarding the Waterfront Plan. Further
discussion of this issue will be held at the next Planning and
Economic Development Committee Meeting.
18.5 SALE OF TAUGHANNOCK BOULEVARD RIGHT-OF-WAY - REPORT
Alderperson Blumenthal reported that a limited scope of appraisal
will be prepared regarding the sale of the Taughannock Blvd.
right-of-way.
18.6 NORTHSIDE DESIGN STUDY - REPORT
July 2, 1997
18
Alderperson Blumenthal stated that the Northside Design Study
will be considered at the next Planning and Economic Development
Committee Meeting for final adoption.
COMMUNITY ISSUES COMMITTEE:
19.1 An Ordinance Amending Section 17-1 of the City Code of
Ithaca, Regarding the Cable Commission
By Alderperson Sams : Seconded by Alderperson Blumenthal
ORDINANCE 97-
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. The City Code of Ithaca Section 17-1 entitled
“Committee renamed and continued; membership” is hereby amended
as follows:
“Cable Commission membership; residency requirements”
(A) The Cable Commission shall have seven (7) voting members
who shall serve five year terms, except as otherwise provided
herein. Voting members shall be appointed by the Mayor with
approval of Common Council. Present members of the Cable
Commission shall continue as members of the Cable Commission
through the balance of their current terms. Within thirty (30)
days of the effective date of this ordinance the three then
existing vacancies shall be filled. The terms of the three newly
appointed voting members shall expire 12/31/2000, 12/31/2001 and
12/31/2001, respectively. One (1) member of the Common Council,
appointed in the same manner, shall serve as a nonvoting member
of the Cable Commission. At least four voting members of the
Cable Commission must be residents of the City of Ithaca. All
voting members of Cable Commission must be residents of areas of
Tompkins County served by the cable system.
Carried Unanimously
19.2 An Ordinance Amending Section 90-67 Entitled “Residency
Requirements” of Chapter 90 Entitled “Personnel” of the City of
Ithaca Municipal Code
By Alderperson Sams : Seconded by Alderperson Efroymson
WHEREAS, Common Council has stated its desire to increase the
number of City employees who are City residents, and
WHEREAS, Common Council has also stated its desire to increase
the number of under-represented minorities and women throughout
the City work force, and
WHEREAS, Common Council believes that using a City list as the
default method for hiring helps to reinforce the aforementioned
objectives, and
WHEREAS, nothing in this Ordinance restricts any Department Head
from hiring outside of the City in situations for which the
Department Head feels it is beneficial to do so; now, therefore,
be it
ORDINANCE 97 -
ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York as follows:
July 2, 1997
19
Section 1. Chapter 90, Article X, Section 90-67 Entitled
“Residency Requirements” is hereby amended with the addition of
subsections 3 and 4 as follows:
3. For all eligible lists established on or after June 4, 1997,
the Personnel Administrator shall provide preference in
certification to City residents; provided, however, that the
Personnel Administrator may waive this requirement upon written
request from a Department Head.
4. For all City positions that are not filled through
an eligible list, preference in consideration shall
be given to City residents.
Amending Resolution
By Alderperson Efroymson : Seconded by Alderperson Hanna
RESOLVED, That the date in Section 1.3 be changed from
June 4, 1997 to August 1, 1997.
Carried Unanimously
Amending Resolution
By Alderperson Thorpe : Seconded by Alderperson Mackesey
RESOLVED, That the second Whereas read as follows:
“WHEREAS, Common Council has also stated its desire to increase
the number of under-represented minorities throughout the City
work force, and”
Carried Unanimously
Amending Resolution
By Alderperson Efroymson : Seconded by Alderperson Hanna
RESOLVED, that Section 1.3 be amended to read as follows:
“For all eligible lists established on or after August 1, 1997,
the Personnel Administrator shall provide preference in
certification to City residents; provided, however, that the
Personnel Administrator shall waive this requirement upon written
request from a Department Head.”
Discussion followed on the floor regarding the roll of the
Personnel Administrator.
Mayor Cohen spoke in opposition to the amending resolution.
Amending Resolution
By Alderperson Thorpe : Seconded by Alderperson Shenk
RESOLVED, That Section 1.3 be amended to read as follows:
That for all eligible lists established on or after August 1,
1997, the Personnel Administrator shall provide preference in
certification to City residents; provided, however, the Personnel
Administrator may waive this requirement upon written request
from a Department Head or shall refer the request to the
Affirmative Action Committee which shall decide whether or not to
waive the requirement.
Discussion followed on the floor with Alderperson Shenk speaking
in opposition to the amendment. She stated that adding another
step to the hiring process would become too cumbersome.
City Attorney Geldenhuys suggested department head input be
solicited before this Ordinance is considered.
Motion To Table:
July 2, 1997
20
By Alderperson Blumenthal : Seconded by Alderperson Mackesey
RESOLVED, That this item be tabled pending further discussion.
Ayes (8) Blumenthal, Gray, Mackesey, Sams,
Marcham, Shenk, Thorpe, Hanna
Nays (1) Efroymson
Carried
19.3 RESOLUTION REGARDING PROGRESS ON CITY CORNELL WORKING GROUP
By Alderperson Sams : Seconded by Alderperson Blumenthal
WHEREAS, the City established a City-Cornell Working Group to
help move forward on a number of issue
WHEREAS, this group has been meeting for over two years, and
WHEREAS, progress on issues already identified by Common Council
would greatly benefit City resident, and
WHEREAS, Common Council desires to be kept regularly informed on
the progress of issues it has identified, now therefore be it
RESOLVED, that the City-Cornell Working Group report at least
quarterly to Common Council’s Community Issues Committee
beginning at its August meeting, and be it further
RESOLVED, that at its July meeting, the Community Issues
Committee will discuss the priorities for the City-Cornell
Working Group.
Carried Unanimously
19.5 Resolution Endorsing the Re-Creation Of An Access Advisory
Board by the City Cable Commission
WHEREAS, the Ithaca City Cable Commission must deal substantively
with a considerable variety of issues; and
WHEREAS, issues involving Access have regularly consumed a
disproportionate amount of Commission time and attention; and
WHEREAS, the need for a structure of one or more bodies to deal
with access issues was formerly recognized and established; and
WHEREAS, this former structure, for various reasons, did not
prove fully viable as evidenced by the collapse of the Public
Access Board; and
WHEREAS, the Commission resolved in January that “a body with
significant authority” should be created to deal with access
issues; now, therefore be it
RESOLVED, That Common Council endorses and supports the creation
of an Access Advisory Board (AAB) by the City Cable Commission as
follows:
1. The AAB shall have seven members and shall meet at least
monthly. A quorum shall be four.
2. The members shall be appointed to terms of 2 years.
3. The members shall be appointed by the Commission with
approval of Common Council.
4. Members shall be sworn by the City Clerk to the same
requirements as are members of the Cable Commission.
July 2, 1997
21
5. A chair and vice-chair shall be elected by the members at the
first meeting each calendar year, chosen from the voting members.
6. At least two members shall be residents of the City, but in a
spirit of collaboration with other communities, up to five
members may be residents of other communities served by the
system. At least one member, but not more than two members,
should be on the City Cable Commission. At least one member, but
not more than two members, should be on the Tompkins County
Inter-Municipal Cable Commission.
7. The Cable Operator shall be requested to provide a non-voting
ex-officio member.
8. The AAB shall made final determinations on all matters of
normal access operations, Access policy, settlement of disputes
among producers, coordination with governmental and educational
access communities of recommendations provided to Time Warner for
spending the Access Capital budget, distribution of equipment,
and other matters. However, in the following areas,
recommendations and any other input from the AAB is desirable,
but The Commission shall have the right of action or review and
determination or recommendation to Common Council, as
appropriate:
(i) Access provisions in a new franchise
(ii) Creation of a not-for-profit entity to operate access
(iii) Allocation of additional channel capacity
The AAB shall coordinate with governmental and educational access
communities, generally. The AAB shall consider the creation of a
not-for-profit entity for operation of PEG Access, and this AAB
shall cease to exist if such an entity comes into existence.
9. The Commission shall seek members for the AAB who are
knowledgeable about access issues. The Commission shall also
seek members for the AAB who will represent points of view in
addition to those of access producers such as the needs and
desires of non-profit organizations or of cable subscribers
generally.
This item was removed from the agenda pending further review by
the City Attorney’s Office.
REPORT OF COUNCIL LIAISONS:
Alderperson Efroymson requested that Council discuss the Mayor’s
Budget Guidelines at the next Community Issues Meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 11:20
_________________________ _________________________
Julie Conley Holcomb, CMC Alan J. Cohen
City Clerk Mayor