HomeMy WebLinkAboutMN-CC-1998-02-04
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. February 4, 1998
PRESENT:
Mayor Cohen
Alderpersons (10) – Vaughan, Sams, Shenk, Manos, Taylor,
Gray, Marcham, Blumenthal, Spielholz,
Farrell
OTHERS PRESENT:
Building Commissioner – Eckstrom
City Clerk – Conley Holcomb
City Attorney – Geldenhuys
Youth Bureau Director – Cohen
Youth Development Coordinator – Green
Deputy City Controller – Thayer
Community Development Planner- Bohn
Director of Planning and Development – Van Cort
City Controller – Cafferillo
Fire Chief – Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
Approval of December 17, 1997 Minutes
By Alderperson Blumenthal : Seconded by Alderperson Gray
RESOLVED, That the minutes of the December 17, 1997 Common
Council Meeting be approved as published.
Carried Unanimously
Approval of January 1, 1998 Minutes
By Alderperson Marcham : Seconded by Alderperson Manos
RESOLVED, That the minutes of the January 1, 1998 Common Council
Meeting be approved as published.
Carried Unanimously
Approval of January 7, 1998 Minutes
By Alderperson Marcham : Seconded by Alderperson Manos
RESOLVED, That the minutes of the January 7, 1998 Common Council
Meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee:
Alderperson Marcham requested the removal of Item 19.12 –
Emergency Snow Grievance. Alderperson Marcham further requested
the addition of Item 19.16 – Staff Vacancy in the Attorney’s
Office – Resolution, and Item 19.17 – Executive Session on a
Personnel Matter Relating to an Employee.
No Council member objected.
Consent Agenda:
Alderperson Sams requested that Item 16.2 – Reorganization of
Youth Bureau/GIAC be removed from the consent agenda and added to
the regular agenda.
February 4, 1998
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New Business:
Alderperson Sams requested the addition of Item 21.2 -
Appointment of Marriage Officers, and Item 21.3 – Definition of
Process for Common Council members to attend workshops, training
and seminars - Discussion.
No Council member objected.
Executive Session:
Mayor Cohen noted that Item 19.15 would be discussed in open
session and not in an Executive session.
YOUTH AWARD:
Alderperson Gray presented the Distinguished Youth Award to Tashi
Yangzom, who is an active participant in the One to One Program
at the Ithaca Youth Bureau. Tashi is an honor roll student at
DeWitt Middle School, and demonstrates strong, yet quiet,
leadership skills in every task she undertakes.
MAYOR’S APPOINTMENTS:
Board of Zoning Appeals
By Mayor Cohen : Seconded by Alderperson Blumenthal
RESOLVED, That Common Council approves the temporary appointment
of Constance Thomas to the Board of Zoning Appeals, with a term
to expire February 28, 1998.
Carried Unanimously
Mayor Cohen clarified that William Olney’s appointment to the
Board of Zoning Appeals will expire December 31, 1998.
Shade Tree Advisory Committee
By Mayor Cohen : Seconded by Alderperson Shenk
RESOLVED, That Common Council approves the appointments of
Michael Steigerwalt, Daniel Krall, and Samuel Demas to the Shade
Tree Advisory Committee, with terms to expire December 31, 2000.
Carried Unanimously
COMMUNICATIONS FROM THE CITY CLERK:
City Clerk Conley Holcomb stated that the Public Hearing for the
Amendment to the Zoning Ordinance relating to exterior property
maintenance was not included on the agenda. The Public Hearing
was advertised however, and can be conducted.
PETITIONS AND HEARING OF PERSONS BEFORE COUNCIL:
Ed Humulock, City of Ithaca, addressed Council regarding
negotiations with Cornell University for larger contributions to
the city, and the city’s involvement with county parking lots.
Donald Lifton, City of Ithaca, representing Justice for All
addressed Council regarding the influence landlords have on The
Commons. Justice for All requests the Mayor and Common Council
conduct an investigation into the reasons that so many
storefronts are, and remain empty. They further ask that Common
Council consider implementing measures that would control the
costs of operating a business in downtown Ithaca.
Neil Oolie, City of Ithaca, addressed Council regarding the
membership of the Commons Design Review Committee.
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Joel Harlan, Town of Dryden, addressed issues regarding Cornell
University.
Donald Stephenson, Town of Ithaca, spoke on behalf of Save the
Lake, and the Cornell Lake Source Cooling Project.
Ken Young, City of Ithaca, addressed Council regarding the sale
of the property at 402 S. Cayuga Street.
Jennifer Swift, Christopher Wright, and Brian Moravec, Ithaca
Fire Department Bunkers, addressed Council to request free
parking in the Dryden Road parking garage for Station #9 Bunkers.
Fay Goughakis, City of Ithaca, addressed the following issues:
Cornell University, the city’s proposed snow policy, the Drug
Task Force, and the Commons Design Review Committee.
Roey Thorpe, City of Ithaca, spoke in favor of the city’s re-
affirmation of same-sex marriages.
RESPONSE TO THE PUBLIC:
Alderperson Farrell responded to comments made regarding the
Commons Design Review committee. Alderperson Farrell stated that
all options for the Commons design are being reviewed.
Alderperson Marcham responded to comments made regarding Cornell
University’s Lake Source Cooling Project, and the establishment
of a monitoring program conducted by the Department of
Environmental Conservation.
Alderperson Spielholz responded to Justice for All and thanked
the group for distributing their report.
Mayor Cohen responded to comments made regarding the minutes of
the Commons Design Review Committee, and on the selection of
members for the committee.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams announced that there will be a community meeting
with the Mayor, Chief of Police Basile, and Alderpersons Sams and
Farrell at GIAC on February 10, 1998.
COMMUNICATIONS FROM THE MAYOR:
PROCLAMATION – FREEDOM TO MARRY DAY
Mayor Cohen read the following proclamation:
WHEREAS, February 12, 1998 has been designated as National
Freedom to Marry Day and Ithaca is a City which celebrates the
diversity of its population, including people of all sexual
orientations, and Ithaca has long been a leader in recognizing
the rights of lesbian, gay, bisexual, and transgender people, and
the City of Ithaca currently recognizes same-gender relationships
through domestic partnerships, but realizes that this does not
offer the legal benefits and responsibilities of marriage, and
WHEREAS, the City of Ithaca looks forward to the day when none of
its residents will be excluded from the right to civil marriage,
now, therefore be it
February 4, 1998
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RESOLVED, That I do hereby proclaim February 12, 1998 as Freedom
to Marry Day in Ithaca, New York, and encourage all Ithacan’s to
support efforts to make same gender marriages legal in New York
State.
REPORT OF CITY ATTORNEY:
City Attorney Geldenhuys reported on the Ithaca Falls and Inlet
Island parkland substitution project.
SPECIAL ORDER OF BUSINESS:
Public Hearing to consider an Ordinance Amending Chapter 325
Section 325-23 entitled “General Standards Applying to All Land
Uses.”
Resolution to open Public Hearing
By Alderperson Sams : Seconded by Alderperson Shenk
RESOLVED, That the Public Hearing to consider a Zoning Ordinance
adopting Section 325-23 Entitled “General Standards Applying to
All Land Uses” of Chapter 325 be declared open.
Carried Unanimously
City Clerk Conley Holcomb read a letter from the Planning and
Development Board regarding the Board’s concern with the removal
of the entire wording bracketed within item B(1).
Resolution to Close Public Hearing
By Alderperson Marcham : Seconded by Alderperson Blumenthal
RESOLVED, That the Public Hearing to consider an Ordinance
adopting Section 325-23 Entitled “General Standards Applying to
All Land Uses” be declared closed.
Carried Unanimously
CONSENT AGENDA ITEMS:
16.1 Endorsement of Presidential Initiative on Race Meeting
By Alderperson Farrell : Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca in 1996 passed a joint resolution
with the County and the Ithaca City School District, making a
commitment to work towards the eradication of racism, and
WHEREAS, the City of Ithaca recognizes that racism is a
destructive force which exists, and should no longer be allowed
to go unnoticed, and
WHEREAS, the City of Ithaca reaffirms its commitment to help in
any way possible to eliminate the disease of racism, and
WHEREAS, the President of the United States has called for a
national dialogue on race and is convening Presidential Town Hall
meetings in various cities around the country to further this
dialogue; now, therefore, be it
RESOLVED, That Common Council along with the Mayor do
wholeheartedly endorse and support Ithaca College’s endeavor to
host a Presidential Town Hall meeting on the Ithaca College
Campus as part of the President’s Initiative on Race.
Carried Unanimously
16.3 Community Development Block Grant
By Alderperson Farrell: Seconded by Alderperson Blumenthal
WHEREAS, Common Council recognizes the need to support
sustainable efforts which promote affordable housing,
neighborhood revitalization, job creation, and increased public
services for Ithaca’s low and moderate income population, and
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WHEREAS, the program for the 1996 multi-year CDBG application has
been reviewed by the Community Advisory Committee (CAC), and
adopted by the Ithaca Urban Renewal Agency (IURA), and
WHEREAS, on February 28, 1996 the Common Council adopted a
resolution authorizing the submission of the FY 1996 multi-year
CCBG application, including the third year increment to HUD, and
WHEREAS, there are no substantive changes in the proposed third
year increment from the FY 1996 multi-year CDBG application
endorsed by the Common Council on February 28, 1996; now,
therefore, be it
RESOLVED, That the Common Council endorses the schedule of
projects and budgets for the third year increment of the 1996
multi-year CDBG application, and hereby directs and authorizes
the IURA to submit an application for the Third Year’s Increment
of CDBG Funding Approved by HUD in the FY 1996 CDBG Multi-Year
CDBG Award, and, be it further
RESOLVED, That Common Council authorizes staff to make minor
modifications in the proposed projects and budgets in order to
conform with HUD/CDBG feasibility and impact guidelines, with the
understanding that any significant modifications will be brought
back to Common Council for their review, and, be it further
RESOLVED, That the Mayor is authorized to execute any and all
documents necessary to submit the FY 1998 CDBG application, and,
be it further
RESOLVED, That Common Council authorize the IURA to implement all
CDBG activities in accordance with HUD regulations at 24 CFR 570.
Carried Unanimously
16.5 Youth Bureau - Request to Amend 1998 Youth Bureau Budget
By Alderperson Farrell : Seconded by Alderperson Blumenthal
WHEREAS, the Cass Park Ice Rink is continuing to sell advertising
space on the rink's dasher boards, and
WHEREAS, the estimated cost to prepare this phase of dasher boards
for advertising is $6,000 for printing and other associated costs,
and
WHEREAS, the cost of said preparation would be offset by
advertising revenue; now, therefore, be it
RESOLVED, That the 1998 Youth Bureau Budget is hereby amended as
follows for the purpose of selling Cass Park Rink dasher board
advertising:
Increase Revenue Account:
A7310-2070-1511 $6,000
Increase Appropriation Account:
A7310-5477-1511 $6,000
Carried Unanimously
16.6 Youth Bureau - Request to Amend 1998 Youth Bureau Budget and
Temporarily Amend Youth Bureau Authorized Personnel Roster
By Alderperson Farrell : Seconded by Alderperson Blumenthal
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WHEREAS, the Youth Bureau has been notified by the New York State
Education Department that it will receive a $15,000 Member Item
Grant for expansion of the Paul Schreurs Memorial Program, and
WHEREAS, the additional funding will enable the Youth Bureau to
address the needs of an additional group of young people from the
BJM Elementary School and expand existing programming at the high
school level by temporarily increasing the work hours of a full-
time Youth Worker in the Paul Schreurs Program; now, therefore, be
it
RESOLVED, That the 1998 Youth Bureau Budget is hereby amended as
follows:
Increase Revenue Account:
A7310-3820-1201 Contributions to Youth $15,000
Increase Appropriation Accounts:
A7310-5110-1201 Staff Salaries $ 1,050
A7310-5120-1201 PT/Seasonal 12,590
A7310-9030-1201 Social Security 1,044
A7310-9040-1201 Workers' Compensation 316
and be it further
RESOLVED, That the 1998 Authorized Youth Bureau Personnel Roster
is hereby temporarily amended as follows:
Increase FT Youth Worker (PSMP) hours from 35 hours per week
to 40 hours per week,
and be it further
RESOLVED, That the personnel roster amendment shall be effective
for the period February 9, 1998 to June 26, 1998.
Carried Unanimously
16.7 Youth Bureau - Request to Amend 1998 Youth Bureau Budget
By Alderperson Farrell : Seconded by Alderperson Blumenthal
WHEREAS, the cost of referees for the City's Adult Hockey League
increased by $10 per game, and
WHEREAS, the increased cost will be offset by increased revenues
generated by a $10 increase in the league fee; now, therefore be
it
RESOLVED, That the 1998 Youth Bureau Budget be amended as follows
for said hockey league costs:
Increase Revenue Account:
A7310-2065-1511 $1,000
Increase Appropriation Account:
A7310-5435-1511 $1,000
Carried Unanimously
REGULAR AGENDA ITEMS:
Planning and Economic Development Committee:
17.1 - Tompkins County Economic Development Strategy Plan –
Presentation
February 4, 1998
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Barbara Blanchard, Tompkins County Board of Representatives and
Martha Armstrong, Tompkins County Area Development reported on
the Tompkins County Economic Development Strategy Planning
Project, and updated Common Council on the project’s goals. An
outline statement was distributed which included short/long term
goals, retention/expansion of business, outreach, and workforce
development.
Thomas Niederkorn, and a ten person Advisory Board have been
appointed to represent the City’s interests in the County’s plan.
17.2 Northside Design Study - Resolution
By Alderperson Blumenthal : Seconded by Alderperson Farrell
WHEREAS, Common Council allocated certain funds in 1989 for the
preparation of a plan for Northside, and
WHEREAS, pursuant to that Council action, then Mayor Benjamin
Nichols appointed the Northside City Land Committee, which later
changed its name to Northside Land Use Committee, and
WHEREAS, this committee consisted of representatives from Common
Council, Northside Civic Association, Sciencenter, Senior
Citizens Center, Planning and Development Board, Northside
Business Interests, and BPW, and
WHEREAS, this committee completed its work in 1990 and published
a study report called The Northside Design Study-Design
Recommendations For Neighborhood Revitalization January 30, 1990,
and
WHEREAS, those recommendations were slightly modified in a report
entitled Northside Land Use Committee Recommendations-Revised
June 21, 1994, and
WHEREAS, action necessary to adopt the Northside Land Use
Committee Recommendations and the Northside Design Study is a
Type I action under the City’s Environmental Quality Review Act,
and
WHEREAS, the environmental review for the Northside Design Study
and the Northside Land Use Committee Recommendations have been
referred to the Conservation Advisory Council for review and
comment, and
WHEREAS, a full environmental review has been conducted
including the completion of Parts I, II and III of the Long
Environmental Assessment Form, and
WHEREAS, it appears that the adoption of the Northside Design
Study and the Northside Land Use Committee Recommendations will
not have a significant negative impact on the environment and the
plan itself overall is beneficial to the environment and the
safety and welfare of the area, and
WHEREAS, specific recommendations for implementation of the plan
will be analyzed under the City and State Environmental Review
Laws as required, and
WHEREAS, the Planning and Development Board has found at its
meeting of May 27, 1997 that the adoption of the North Side
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Design Plan and the North Side Land Use Committee recommendations
as proposed will not have a negative impact on the environment,
and
WHEREAS, the Planning and Development Board, as lead agency in
the matter of the Plan, has adopted as its own the findings and
conclusions more fully set forth in the Long Environmental
Assessment Form (LEAF) on January 28, 1997, and
WHEREAS, the Planning and Development Board has determined that
the proposed action will not have a significant negative impact
on the environment, and that further environment unnecessary
under the circumstances, and
WHEREAS, the report and the revised recommendations make certain
suggestions regarding the Northside Triangle, including
construction of a new city park, development of a new street,
demapping of an existing street, construction of the
Sciencenter, relocation of several Department of Public Works
facilities, construction of housing, sale of property to the
Daycare Council for construction of a daycare center, and some
rezoning of the area, redesign of an intersection, streetscape
improvements, and
WHEREAS, many of these recommendations have been implemented in
the interim, including the construction of the Sciencenter, the
daycare center and Phase I and Phase II of mutual housing, and
WHEREAS, the Planning and Economic Development Committee of the
Common Council has reviewed the future recommendations in the
report and has recommended adoption of the Study by the Common
Council as a part of the City’s Comprehensive Plan, now,
therefore, be it
RESOLVED, That the Common Council does hereby adopt the Northside
Design Study for neighborhood revitalization-January 30, 1990 and
the Northside Land Use Committee Recommendations-Revised June 20,
1994, as an amendment to the 1970 General Plan and as a part of
the City’s Comprehensive Plan.
Carried Unanimously
Alderperson Sams thanked Environmental/Landscape Planner Joann
Cornish for her work on the Mutual Housing Park.
17.3 Sale of 402 South Cayuga Street - Resolution
By Alderperson Blumenthal : Seconded by Alderperson Spielholz
WHEREAS, the City has acquired an abandoned tax delinquent, fire
damaged apartment house property that is a blighting influence on
the neighborhood in which it is located, and
WHEREAS, City ownership of the property would generate no
property taxes and require on-going property maintenance,
graffiti removal, and repair of other damage as necessary by the
Department of Public Works or others, and
WHEREAS, the interest of the City would be served by returning
this property to the tax roles and by its rehabilitation for
housing
or other permitted uses in a manner that benefits the surrounding
neighborhood, now, therefore, be it
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RESOLVED, That Common Council does hereby authorize conveyance of
the 402 S. Cayuga Street parcel to the Ithaca Urban Renewal
Agency (IURA) for disposition of the parcel to a qualified
sponsor for rehabilitation of the building in a timely manner for
a use consistent with the Urban Renewal Plan, and, be it further
RESOLVED, That evaluation of such proposals include, but not be
limited to, the purchase price, the impact of the proposed reuse
of the parcel on the long-term stability of the surrounding
neighborhood and the generation of property tax revenues to the
City, and, be it further
RESOLVED, That any net proceeds from the sale of the parcel after
expenses incurred by the IURA shall be returned to the city, and,
be it further
RESOLVED, That the Mayor is hereby authorized to sign any and all
instruments necessary for the conveyance of this property to the
Ithaca Urban Renewal Agency.
Carried Unanimously
17.4 Department of Planning and Development’s Work Program
for 1998 - Resolution
By Alderperson Blumenthal : Seconded by Alderperson Manos
WHEREAS, the Department of Planning and Development’s proposed
1998 Work Program has been reviewed by the Planning and Economic
Development Committee of Council and the Planning and Development
Board, now, therefore, be it
RESOLVED, That the Common Council designates the following as the
Department’s priority projects for 1998:
1998 Department of Planning & Development’s Work Program Priority
Projects
Economic Development - Economic development
projects will include both general and site
specific projects.
General Projects
Economic Development Plan
Site Plan Review Ordinance Revisions
City Environmental Quality Review Revision
Inventory of Sites Suitable for Development or
Redevelopment
Sale of Surplus City-Owned Property
Filling vacant downtown properties
Site Specific Projects
Inlet Urban Design Plan
Meadow/Fulton Urban Design Plan
Local Waterfront Revitalization Program (LWRP)
Canal Corridor Initiative
Southwest Area Land Use Study adoption
Cherry Street Extension
February 4, 1998
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Review Large Scale Commercial Proposals as
submitted
DoT Residency
Work with County on Implementation of Tompkins
County Waterfront Plan
Commons Redesign
Quality of Life
Residential Parking Permit System
City-wide Traffic Plan
Traffic Calming Measures -- Design and
Implementation of Multi-Modal Funding Grant
Cayuga Inlet Recreation Way
Bike Plan Adoption
Complete Acquisition of Six Mile Creek Properties
Amendments to Zoning Ordinance for Protection of
Housing in Residential Neighborhoods
Information Acquisition and Management
Continued Development of the City’s Electronic
Capability in Mapping, Data Management, etc.
Carried Unanimously
17.5 A Local Law Amending Section C-5 of the City of Ithaca
Charter Regarding the Appointment of Alternates to Boards and
Commissions
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
WHEREAS, the City Charter does not currently provide for
appointment of alternates to City boards and commissions which
exercise decision making power, and
WHEREAS, regular members of boards and commissions are from time
to time precluded from acting on applications because they have a
conflict of interest, and Common Council has concluded that it
needs to provide for appointment of alternates to serve in these
circumstances, and
WHEREAS, this local law is not subject to a mandatory referendum,
because it provides for appointment of alternates in the same
manner as regular members are appointed, and therefore does not
abolish, transfer or curtail the powers of any elected official;
now, therefore,
Local Law #1-1998
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA, NEW
YORK AS FOLLOWS:
Section 1. Article II of the Ithaca City Charter, Section
C-5 is hereby amended by adding a new subdivision F to read as
follows:
F. Appointment of alternates to Boards and Commissions
exercising decision making power.
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(1) At the first regular Common Council meeting in January
of each year, or as soon thereafter as possible, two
alternates shall be appointed to each of the following
boards and commissions, in the same manner as regular
members are appointed:
Board of Public Works
Board of Fire Commissioners
Community Police Board
Board of Zoning Appeals
Design Review Board
Examining Board of Electricians
Examining Board of Plumbers
Housing Board of Review
Ithaca Landmarks Preservation Commission
Planning and Development Board
Cable Commission
If necessary, additional alternates may be appointed on
an ad hoc basis in the same manner that regular members are
appointed.
(3) In order to minimize training time, preference should
be given to former members of each board and
commission.
(4) Alternates shall serve in the event that one or more
board or commission members cannot act on a particular
application or decision because of a conflict of
interest.
(5) Alternates shall be required to attend the same
training sessions as regular board members.
Section 2. This law takes effect immediately upon filing
with the office of the Secretary of State.
Carried Unanimously
17.6 Declaration of No Significant Environmental Impact –
Amendment to Section 325-23 Entitled “General Standards Applying
to all Land Uses”
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
WHEREAS, an Ordinance amending Section 325-23 of the City of
Ithaca Municipal code, regarding “General Standards Applying to
all Land Uses” has been submitted to Common Council for
consideration, and
WHREEAS, the proposed action is an “unlisted action” under the
State Environmental Quality Review Act and is a Type I action
under the City’s Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted, and
WHREAS, 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
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and conclusions more fully set forth on the Short Environmental
Assessment Form dated February 2, 1998, 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
17.7 An Ordinance to Amend Chapter 325 Entitled “Zoning”
Section 325-23 Entitled “General Standards Applying to All Land
Uses”
By Alderperson Blumenthal : Seconded by Alderperson
ORDINANCE 98-1
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York as follows:
The City of Ithaca Municipal Code, Section 325-23, is hereby
amended as follows:
A. All uses shall conform to the current New York State Board
of Health requirements and to the standards listed below:
(1) Noise. Noise levels at any point along the lot line of any
land use shall not exceed intensities considered acceptable by
the American Standards Association. Sound or noise levels deemed
by the ASA standards injurious or detrimental to adjacent land
uses must be confined to the emitting land use.EN
(2) Smoke. No smoke shall be emitted in violation of any
provisions of this Code.
(3) Odor. No odor shall be emitted in violation of any
provisions of this Code.
(4) Ash, dust and dirt. No amount of soot, cinders, dust or dirt
shall be emitted in violation of any provisions of this Code.
(5) Glare and heat. No direct or reflected glare or heat from
any source shall be detectable beyond the lot lines of any land
use.
(6) Pollution. No connection with any public sewer or
appurtenance shall be made or maintained in such a manner that
there may be conveyed or created any hot, suffocating, corrosive,
flammable, poisonous or explosive liquid, gas, vapor, substance
or material of any kind. No wastes conveyed to or allowed to flow
in and through the sewer or appurtenance shall contain materials
which contain or create deposits obstructing the flow in the
sewer.
(7) Vibration. No use shall be operated so that ground vibration
is perceptible without instruments at any point along the lot
lines of such uses.
B. Yard maintenance.
(1) Reserved
(2) (e) Responsibilities of agents delegated by property
owners. The responsibilities outlined in 325-23B(2)(c) may be
delegated to an agent by the property owner, so long as at the
time of any violation of this subsection, an agency agreement is
February 4, 1998
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on file in the City Building Department which contains the
following information: the identity of the owner and the agent,
the owner’s and agent’s addresses and current phone numbers, the
property or properties the agent is accepting responsibility for,
the beginning and ending date of the agreement, the exact
sections of this Code assigned to the agent and the signatures of
both the property owner and agent, along with each party’s date
of birth. The agent must be a resident of or maintain business
in Tompkins County. Post office boxes will not be accepted as
addresses for agents. The property owner may not designate a
residential tenant as the agent pursuant to this section, except
where such designation is contained in an employment agreement
between the property owner and the tenant. The employment
agreement shall not be contained in the lease agreement between
the property owner and the tenant, and the tenant’s acceptance of
designation as the agent shall not be a condition of the lease
agreement.
C. Property owners shall be liable for any injury or damage
resulting from or caused by reason of omission, failure or
negligence to maintain the area between the sidewalk and the curb
of the street in the manner described in section 325-
23(B)(2)(c)(6).
Discussion followed on the floor regarding the provision of the
ordinance that allows tenants to be designated as agents.
Building Commissioner Eckstrom reiterated that the property
owners are liable for injuries or damages as a result of
improperly maintained tree lawns.
Building Commissioner Eckstrom further addressed the concerns
expressed by the Planning Board regarding the omission of
language in Section 325-23 B(1). He noted that the language
which is being removed appears in other sections of the City
Code.
A vote on the Ordinance resulted as follows:
Carried Unanimously
17.8 Cornell University Zoning Change – Report
Alderperson Blumenthal reported on the proposed university zoning
regulations. Items currently being discussed include building
height, gorge protection, and parking.
17.9 Southwest Area Land Use Study - Report
Alderperson Blumenthal reported that the Planning Committee is
considering reconvening a focus group to review the
recommendations in the Southwest Area Land Use Study concerning
mixed use area and possible suitability for housing.
17.10 Cherry Street Industrial Park Expansion - Report
Alderperson Blumenthal reported that an evaluation of
costs/benefits related to the Industrial Park has been completed.
The existing park is fully leased and the City is considering
expansion of the park.
BUDGET AND ADMINISTRATION COMMITTEE:
16.4 Approval of Assessments for Esty Street Sidewalks
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, the Board of Public Works held a public hearing on the
installation of new sidewalks and curbing on Esty Street, and
February 4, 1998
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WHEREAS, the Board of Public Works and Common Council agreed that
property owners would be responsible for the cost of the sidewalks
and curbing, and
WHEREAS, notices were sent to each property owner informing them
of the cost for the newly installed sidewalks; now, therefore, be
it
RESOLVED, That Common Council hereby approves the list of sidewalk
assessments and directs the City Chamberlain to collect such
assessments.
Discussion followed on the floor regarding assessment exemptions
for non-profit agencies.
A vote on the resolution resulted as follows:
Ayes (9) Shenk, Manos, Farrell, Gray
Blumenthal, Vaughan, Marcham
Spielholz, Taylor
Nays (1) Sams
Carried
19.1 Common Council - Consultation on Personnel Policy Decisions
By Alderperson Marcham : Seconded by Alderperson Blumenthal
WHEREAS, Mayor Cohen enacted a City payroll policy on January 2,
1998, to deal with weather emergencies, and announced he'd bring
the issue "to Common Council at the January B & A meeting to see
if they want to make any changes to this policy," and
WHEREAS, no members of the Budget and Administration Committee
were consulted before the policy was drafted, and the subsequent
filing of a grievance by City employees severely limits the
Committee's ability to respond, and
WHEREAS, the B & A Committee has been active and effective in the
design of City personnel policies in recent years and wishes to
continue to offer constructive proposals in this area; now,
therefore, be it
RESOLVED, That Common Council requests that the Mayor consult with
members of the B & A Committee and, whenever possible, with Common
Council as a whole and members of the City’s work force on
personnel policy-making before, rather than after, these policies
are enacted.
Carried Unanimously
19.2 Sections 232-64(A)(5) and 232-70 of the City of Ithaca
Municipal Code
By Alderperson Marcham : Seconded by Alderperson
ORDINANCE 98-2
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
The City of Ithaca Municipal Code, Article VI, sections 232-
64(A)(5) and 232-70, is hereby amended as follows:
232-64. Taxicab licensing procedures.
A. (4) Vehicle inspection: Proof of New York State inspection
made within thirty (30) days of the license application shall be
submitted by the applicant. In addition, the Chief of Police
February 4, 1998
15
shall inspect said vehicle for safe and operable conditions
pertinent to the transport of passengers. Reinspection of said
vehicle may be made from time to time at the determination of the
Chief of Police. Each vehicle shall be submitted to a New York
State inspection at least once every six months.
A.(5) Vehicle liability insurance: proof of liability insurance
in the minimum amount of $25,000.00 per person and $50,000.00 per
accident for personal injuries, and $10,000.00 per accident for
property damage.
232-70. Rates.
A. Taxicab zones and rates. The City of Ithaca is hereby
divided into zones as shown on a map and schedule entitled
"Taxicab Zones and Rates, City of Ithaca," which said map and
schedule appended herewith are hereby declared to be a part of
this Article EN. Except as provided in Subsection B below, the
prices that may be charged by the owners or drivers of taxicabs
for the transportation of passengers within the city shall not
exceed the amounts shown on said map and schedule under the
heading "Zone Charges - One Passenger," or for additional
passengers, all as shown on said schedule. The following notice
shall be conspicuously posted in full view of passengers: "Rate
maps and schedules for fares in the City of Ithaca, together with
the full text of the city's rate law, are available upon request
from the driver of this taxicab, according to city ordinance."
B. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the
dividing line between two (2) zones, the fare for the lesser zone
will be charged.
(2) Children. One (1) child five (5) years of age or under shall
ride free if accompanied by an adult passenger. No driver shall
be required to convey any child under the age of five (5) years
unaccompanied by an adult.
(3) Seniors. Passengers 65 years of age or older shall be
granted a discount of $0.50 in regulated fares.
(4) Additional passengers. A taxicab driver may charge $.50 fare
for each additional passenger of the same party and same
destination.
(5) Late night surcharges. A taxicab driver may charge an
additional $.50 per passenger for each trip commencing or
terminating between 1 a.m. and 5 a.m.
(6) Baggage. No charge will be made for two suitcases, no larger
than two feet by two feet by six inches in size, and one travel
bag for each passenger. A charge of $1 for each oversized or
additional piece of luggage under 25 pounds shall be authorized.
A charge of $5 for footlockers or luggage over 25 pounds shall be
authorized. Each passenger shall be allowed to carry up to five
papers or 10 plastic grocery bags at no charge. A charge of $0.25
for each additional grocery bag shall be authorized.
(7) Skis. A charge of $2.50 per pair of skis is authorized,
provided that taxicab is equipped with suitable racks.
(8) Tip solicitation. No driver shall solicit tips, gratuities
or any additional charges other than those authorized by this
article. However, nonsolicited voluntary tipping is permitted.
(9) Out-of-town flat rates. If the taxicab is engaged for
an out-of-town trip originating or terminating in the City of
Ithaca, the taxicab driver shall agree with the passenger prior
to the commencement of the trip for the rate to be charged, which
shall include all tolls required to be paid.
(10) Prepayment. A taxicab driver shall have the right to
Demand payment of the legal fare in advance and may refuse
February 4, 1998
16
Employment unless so prepaid.
(11) Group rides. No taxicab driver shall carry any person other
than the passenger first employing the taxicab without consent of
such passenger.
(12) Waiting time. After a person has hired a taxicab, there
shall be no charge for up to five minutes during which the
taxicab waits for the passenger at the passenger's request. There
shall be a charge of $2.00 for each additional five minutes or
any portion thereof. The taxicab driver shall inform the
passenger of the charge for waiting time at the time of request.
(13) Disputed fares. In the event that there is a dispute between
the taxicab driver and a passenger with respect to a fare, the
taxicab driver shall submit the dispute to the desk officer in
charge at police headquarters. If the passenger then makes
payment according to the amount determined by said police
officer, the passenger shall be given a receipt by the taxicab
driver of the amount paid, which shall be witnessed by the police
officer. If the passenger pays under protest, such fact shall be
recorded by the desk officer, who shall make a memorandum of the
dispute and the disposition made. The disposition of the dispute
shall not be binding in a court.
(14) Taxicab owner shall furnish each driver with a copy of the
rate rules, supplied by the City Clerk, and shall instruct their
drivers to apply the rules fairly and consistently, advising them
that charges must not be exceeded under any circumstances.
Extensive discussion followed on the floor with City Attorney
Geldenhuys explaining the differences between liability and no
fault insurance.
Amending Resolution
By Alderperson Sams : Seconded by Alderperson Farrell
RESOLVED, That Section A(5) be amended to increase the amount of
liability insurance required to $50,000 per person/$100,000 per
accident/$25,000 per accident for property damage.
Ayes (3) Sams, Manos, Spielholz
Nays (7) Shenk, Farrell, Blumenthal,
Vaughan, Marcham, Gray, Taylor
Failed
Further discussion followed regarding how important taxi services
are to city residents, and the financial hardships that the cab
companies are experiencing.
Amending Resolution
By Alderperson Farrell : Seconded by Mayor Cohen
RESOLVED, That the following language be removed from Section 232-
64 A(4):
“In addition, the Chief of Police shall inspect said vehicle for
safe and operable conditions pertinent to the transport of
passengers. Reinspection of said vehicle may be made from time to
time at the determination of the Chief of Police.”
Discussion followed on the floor with Alderperson Farrell
explaining that she felt this language posed a possible liability
to the City.
February 4, 1998
17
Alderpersons Sams and Spielholz noted that they felt that the
inspections were added safety features which help protect
citizens.
Alderperson Shenk felt that the Police should inspect vehicles for
items that are required by this Ordinance such as signs and rate
cards.
A vote on the Amending Resolution resulted as follows:
Ayes (2) Manos, Farrell
Nays (8) Shenk, Sams, Blumenthal,
Vaughan, Marcham, Spielholz,
Gray, Taylor
Failed
Amending Resolution
By Alderperson Shenk : Seconded by Alderperson Manos
RESOLVED, That the following language be added to Section 232-64
A(4):
“Vehicles will be inspected for compliance with the terms of the
City’s Taxicab Ordinance, but not for items covered through New
York State vehicle inspections.”
Motion to Table
By Alderperson Farrell : Seconded by Alderperson Vaughan
RESOLVED, That this Ordinance be tabled for further discussion.
Carried Unanimously
RECESS:
Common Council recessed at 9:40 P.M.
RECONVENE:
Common Council reconvened into regular session at 9:50 P.M.
Motion to Remove from Table
By Alderperson Shenk : Seconded by Alderperson Gray
RESOLVED, That Item 19.2, An Ordinance Amending Sections 232-64(A)
(5) and 232-70 of the City of Ithaca Municipal Code be put back on
the table for consideration.
Carried Unanimously
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
RESOLVED, That Section 232-64 A(4) be amended to read as follows:
“A. (4) Vehicle inspection: Proof of New York State inspection
made within thirty (30) days of the license application shall be
submitted by the applicant. In addition, the Chief of Police, or
his/her designee, shall inspect said vehicle to ensure that the
interior and exterior of the vehicle is maintained in a clean and
sanitary condition, and that the signage requirements of this
ordinance are complied with, and reinspection of said vehicle may
be made from time to time by the Chief of Police or his/her
designee. Each vehicle shall be submitted to a New York State
inspection at least once every six months.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
19.3 DPW - Request Amendment to Authorized Personnel Roster for
Bridge Systems Engineer
February 4, 1998
18
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, the City is eligible for substantial matching funding for
three major bridge projects as part of the New York State
Intermodal Surface Transportation Efficiency Act (ISTEA) and these
projects have been included in the current 5 year Transportation
Improvement Program (TIP) which is slated to end in 1999, and
WHEREAS, current staff levels are not adequate to permit
additional assignments for projects of this magnitude within the
time frame, and
WHEREAS, staff expenses for these projects shall be funded through
capital project authorizations and can comprise the City's share
of matching funds; now, therefore, be it
RESOLVED, That the Common Council hereby recommends the addition
of a temporary full time Bridge Systems Engineer to the City
Engineer's Office roster through December 31, 1998, subject to
appropriate funding source approval and for the period of planning
and construction of the referenced projects, and be it further
RESOLVED, That the job description prepared by the City Engineer
be forwarded to the Personnel Administrator for Civil Service
review and determination of salary and classification, and that
such salary be added to the personnel line of the City Engineer's
1998 budget.
Carried Unanimously
19.4 DPW - Request Approval for Temporary Employment at Water and
Sewer
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, the Board of Public Works and Common Council approved a
temporary engineering position within the Water and Sewer Division
during 1997 to provide support and contract supervision for the
water and sewer contracts in 1997 as well as construction of
utilities related to the NYSDOT Route 96 project, and
WHEREAS, the 1997 sewer contracts have been extended into 1998 and
the funds budgeted for contract supervision are available to cover
that work, and
WHEREAS, the City has applied to the 1997 Environmental Bond Act
for a sequence of water and sewer projects totaling over $6
million starting in 1998; now, therefore, be it
RESOLVED, That the Common Council hereby recommends the creation
of a temporary part time Assistant Civil Engineer position in
Water and Sewer with a minimum of 17 hours per week through June
30, 1998, and be it further
RESOLVED, That the funding for the position will be derived from
existing capital projects at the time the work is being done.
Carried Unanimously
19.5 DPW - Approval of New Position of Laboratory Technician
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the Assistant Chief Water Plant Operator retired, and
WHEREAS, the consolidation of laboratory functions of the Water
and Wastewater plants using a lesser title of Laboratory
Technician has helped modernize the laboratory during 1997, and
February 4, 1998
19
WHEREAS, the efficiency of a highly trained scientist is valuable
in performing laboratory testing to modern day standards and
processing the versatile knowledge necessary to answering broad
water and wastewater water quality and watershed concerns and
regulatory mandates, and
WHEREAS, the joint water study with Cornell University and the
members of Bolton Point is ongoing, with no final recommendation
having been made, and
WHEREAS, the City's long-term approach to water production has not
been determined, thereby insuring that we will be producing at the
existing water plant for a period of approximately one to two
years, thereby requiring laboratory services on a permanent basis
for at least that time period, and
WHEREAS, the City's need for this position beyond that point is
yet to be determined; now, therefore, be it
RESOLVED, That the roster for 1998 be amended to include a
permanent full time Laboratory Technician/Ecologist position in
place of the Assistant Chief Water Plant Operator position, and be
it further
RESOLVED, That funds included in the 1998 approved budget for a
Laboratory Technician and overtime funds budgeted for water plant
construction (now principally projected for 1999) be used to fund
this position without any change in total budgetary funds.
Carried Unanimously
19.6 DPW - Request to Redirect Funds in Water Capital Project
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, the Route 96 Octopus Project is 95% complete and due to
an effective water and sewer construction program, the Capital
Project for Water Supply and Distribution Improvements has a
remaining balance of $350,000, and
WHEREAS, the Water and Sewer Department has additional water
projects that need to be completed, related to Vinegar Hill and
Water Street pump stations, at an estimated construction cost of
$400,000, and
WHEREAS, the pump station projects will enhance the water
distribution system which adheres to the original intent of the
bond resolution for the Route 96 Octopus Project; now, therefore,
be it
RESOLVED, That Common Council hereby redirects, from its original
intent, $400,000 of funds in Capital Project #506 for use in the
construction of Vinegar Hill and Water Street Pump Stations.
Motion to Table
By Alderperson Marcham : Seconded by Alderperson Farrell
RESOLVED, That this item be tabled until the City Controller
obtains information.
Carried Unanimously
Motion to Remove from Table
By Alderperson Gray : Seconded by Alderperson Vaughan
RESOLVED, That Item 19.6 - Request to Redirect Funds in Water
Capital Project, be placed on the table for consideration.
Carried Unanimously
February 4, 1998
20
Amending Resolution
By Alderperson Marcham : Seconded by Alderperson Gray
RESOLVED, That the first Whereas be amended to read as follows:
“WHEREAS, the Route 96 Octopus Project is 95% complete and due to
an effective water and sewer construction program, the Capital
Project for Water Supply and Distribution Improvements has a
remaining balance of $600,000, and”
Carried Unanimously
Main Motion as Amended
A vote on the main motion as amended resulted as follows:
Carried Unanimously
19.7 Common Council - Transfer of Funds for Community Police Board
Contract
By Alderperson Marcham : Seconded by Alderperson Sams
WHEREAS, the 1998 Budget included $8,380 in the Police Department
for the hiring of a temporary half-time position to assist the
Community Police Board, and
WHEREAS, it has been determined that the funds could be more
effectively used if the Community Police Board work was done under
contract in the Common Council accounts instead of a City roster
position in the Police Department; now, therefore, be it
RESOLVED, That $8,380 be transferred from the A3120-5120 account
to the A1010-5435 account for the purpose of contracting for
Community Police Board support.
Carried Unanimously
19.8 Fire Department - Approval of Joint Operations Committee
Composition and Appointment Procedures
By Alderperson Marcham : Seconded by Alderperson Blumenthal
WHEREAS, the Common Council of the City of Ithaca did, at their
regular meeting of December 3, 1997, endorse a concept proposal
for operation of the Ithaca Fire Department Training Center on a
regional basis, and
WHEREAS, the Board of Representatives of Tompkins County did, at
their regular meeting of December 16, 1997, endorse the same
proposal, and
WHEREAS, this concept proposal for such regional operation called
for formation of a Joint Operations Committee to perform certain
tasks related to the implementation of this concept, and
WHEREAS, the tasks to be performed include, but may not be limited
to:
- developing usage policies;
- establishing maintenance and use fee schedules;
- resolving questions that may arise from time-to-
time related to operation of the Training Center,
and
- planning for future needs, and
WHEREAS, a meeting was held on January 15, 1998 of representatives
from: the Ithaca, Lansing, Newfield, and Trumansburg Fire
Departments, as a cross section of Tompkins County Fire
Departments, for the purpose of defining the Joint Operations
Committee for approval, and
February 4, 1998
21
WHEREAS, the results of that meeting are contained in the attached
document entitled: Tompkins County Regional Fire Training Center
Plan - Joint Operations Committee Composition and Appointment
Procedures, dated January 17, 1998, and
WHEREAS, this document charges the Joint Operations Committee to
convene and organize in such ways as to perform the tasks set
forth in the concept proposal; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
approves the Joint Operations Committee Composition and
Appointment Procedures, and be it further
RESOLVED, That the Ithaca Fire Chief is directed to inform the
Board of Fire Commissioners to make nominations for such
appointments as provided for in the appointment procedures.
Carried Unanimously
19.9 Fire Department - Approval of Bunker Parking at Dryden Road
Parking Garage
By Alderperson Marcham : Seconded by Alderperson Spielholz
WHEREAS, the Ithaca Fire Department relies heavily on its student
bunkers as a component of the staffing required to provide
protection to the community, and
WHEREAS, as many as ten student bunkers may be housed at Fire
Station #9, at 309 College Avenue, and
WHEREAS, no off-street parking exists at Station #9 for the use of
the residential bunkers living there, and
WHEREAS, other landlords are required to provide such parking for
their tenants, and
WHEREAS, current zoning requirements would require four spaces be
provided for such residential occupancy, and
WHEREAS, the Board of Public Works has provided parking for up to
four student bunkers residing at Station #9 at the Dryden Road
parking garage, and
WHEREAS, upon notice given in both the 1997 and 1998 budget
processes, the Board of Public Works has determined to revoke the
parking privilege provided to said bunkers, and
WHEREAS, the 1998 budget for the Fire Department does not contain
sufficient appropriations to pay the Department of Public Works
for parking for student bunkers; now, therefore, be it
RESOLVED, That the Common Council hereby provides four parking
spaces in the Dryden Road parking garage to the Fire Department to
allow for usage by student bunkers, and be it further
RESOLVED, That the cost for the four parking spaces hereby
provided shall be accounted for within the City's financial record
system in the General Fund.
Carried Unanimously
19.10 Fire Department - Request Discussions with County on West
State Street Parking Lot
February 4, 1998
22
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, the Memorandum of Understanding with Tompkins County
which includes parking arrangement for employees of the new Human
Services Building on West State Street was executed without full
consideration of the impact on the Fire Department, and
WHEREAS, the Ithaca Fire Department has long used the West State
Street parking lot for City and County (dispatcher) employee,
volunteer, and bunker parking, and for operational space, and
WHEREAS, the previous use by municipal permit holders did not load
that portion (East side) of the West State Street parking lot at
100% capacity during the period from 8:00 a.m. to 4:30 p.m., but
spread it across a 24 hour period, and
WHEREAS, the current parking situation does load the East side
completely during business hours, and
WHEREAS, of the 22 spaces available for Fire Department use, there
is a daily static demand for 20 spaces by Fire Department
employees and Fire Department vehicles, and
WHEREAS, additional meetings, training workshop meetings, fire or
other significant operational deployment creates a demand for
parking that exceeds the supply, which adversely affects the fire
department's ability to respond quickly to emergency situations;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca agrees to
initiate discussions with the Board of Representatives of Tompkins
County with the intent of reducing the demand for County Human
Services Building parking spaces in the West State Street parking
lot from twenty to ten, and, be it further
RESOLVED, That such discussions shall commence during the Spring
of 1998.
Carried Unanimously
19.11 Finance/Controller - Request Approval of Insurance Package
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, the City is entering the final year of a three-year City-
wide insurance contract with the Ithaca Agency, and
WHEREAS, the City's insurance program has been operating
economically and efficiently during the period, and
WHEREAS, the City Controller has effectively negotiated, with the
Ithaca Agency, the current City-wide insurance package, saving the
City thousands of dollars over the course of the contract, and
WHEREAS, the City has the opportunity to extend the insurance
contract for the period of 1998, 1999 and 2000 at even lower
premium rates, and
WHEREAS, the City has the option to extend professional service
contracts under General Municipal Law, Sections 103 and 104; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the City
Controller to enter into a three-year contract with the Ithaca
Agency for the purposes of procuring a City-wide insurance package
for the period 1998, 1999 and 2000.
February 4, 1998
23
Carried Unanimously
19.15 City Clerk – Deputy City Clerk Vacancy
Mayor Cohen briefed Council on the Deputy City Clerk vacancy and
stated there would be an open recruitment process and a search
committee appointed to fill this vacancy.
16.2 Reorganization of Youth Bureau/GIAC
By Alderperson Sams : Seconded by Alderperson Shenk
WHEREAS, the Greater Ithaca Activities Center has had a long
standing, successful history of providing a wide variety of
educational, recreational, and cultural programs for the greater
Ithaca community, and
WHEREAS, these services are provided within a community center
model, with particular attention to insuring a multicultural
dimension, and
WHEREAS, the mission and organizational structure of the Greater
Ithaca Activities Center and the Ithaca Youth Bureau are
significantly different, and
WHEREAS, the Greater Ithaca Activities Center has had a long
standing contractual relationship with the City of Ithaca, and
WHEREAS, the Ithaca Common Council believes there is merit in the
concept of a separation of the Greater Ithaca Activities Center
from the Ithaca Youth Bureau; now, therefore be
RESOLVED, That the Ithaca Common Council hereby appoints a study
group to consist of representatives from Common Council (3), the
Greater Ithaca Activities Center Board of Directors (3), the City
Attorney’s Office (1), the Personnel Department (1), Marcia Fort
and Sam Cohen, and, be it further
RESOLVED, That this study group shall report back to the
Community Issues Committee on Wednesday, April 8, 1998.
Carried Unanimously
Alderperson Blumenthal stated for the record she is uncomfortable
with the wording “the Ithaca Common Council believes there is
merit in the concept of a separation of the Greater Ithaca
Activities Center from the Ithaca Youth Bureau” in the last
Whereas clause.
Alderperson Vaughan noted that she is also uncomfortable with
that wording and would prefer that it read “the Ithaca Common
Council will explore the concept of a separation of the Greater
Ithaca Activities Center from the Ithaca Youth Bureau”.
Alderperson Vaughan stated that the goal of the study group
should be whatever is best to make the Youth Bureau and GIAC
strong, viable organizations.
Alderperson Spielholz stated for the record that she is
uncomfortable with the wording “the mission and organizational
structure of the Greater Ithaca Activities Center and the Ithaca
Youth Bureau are significantly different” and requested that the
word significantly be removed from the Whereas Clause.
Alderperson Sams accepted the removal of the word significantly
as a friendly amendment.
February 4, 1998
24
Youth Bureau Director Cohen read a prepared statement regarding
the proposed separation of the Youth Bureau and GIAC and his
concern for what is best for both organizations.
Alderpersons Blumenthal and Marcham thanked Youth Bureau Director
Cohen for his comments.
A vote on the Resolution resulted as follows:
Carried Unanimously
New Business:
21.1 Marriage Rights - Resolution
By Alderperson Shenk : Seconded by Alderperson Blumenthal
WHEREAS, the Ithaca Common council unanimously passed a
resolution in 1995 supporting the right of same-gender couples to
marry, and
WHEREAS, marriage provides a unique set of rights, privileges and
benefits that protect intimate family relationships, and
WHEREAS, the City of Ithaca recognizes the basic inequality of
denying the legal rights and benefits of marriage to same-gender
couples, and
WHEREAS, February 12, 1998 has been designated as National
Freedom to Marry Day to highlight the ongoing effort to secure
marriage rights for same-gender couples, now, therefore be it
RESOLVED, That the Ithaca Common Council hereby reaffirms its
support for the following resolution:
The Marriage Resolution
Because marriage is a basic human right and an individual
personal choice,
RESOLVED, That the State should not interfere with same-gender
couples who choose to marry and share equally in the rights,
responsibilities, and commitment of civil marriage.
Carried Unanimously
21.2 Workshop Training
Alderperson Sams announced that she would like to attend a
conference in March, and asked how Common Council members obtain
funding to attend training. City Controller Cafferillo stated
that there is limited funding in the budget for members to attend
training, and that Council could vote to increase funds in the
budget line if the need arises.
21.3 Appointment of Marriage Officers
By Mayor Cohen : Seconded by Alderperson Vaughan
RESOLVED, That Susan Blumenthal, Tracy Farrell, Diann Sams, and
Paulette Manos be appointed Marriage Officers for the year 1998.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Marcham : Seconded by Alderperson Gray
RESOLVED, That Common Council adjourn into Executive Session to
discuss current litigation, possible litigation, employment
history of an employee, and contract negotiations.
February 4, 1998
25
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no action
being taken.
21.4 Proposed Agreement With Tompkins County – Sales Tax -
Resolution
By Alderperson Shenk : Seconded by Alderperson Manos
RESOLVED, That Common Council hereby authorizes the Mayor to sign
the agreement between the City of Ithaca and Tompkins County
regarding sales tax distribution.
Carried Unanimously
21.5 Legal Services for the City Attorney’s Office – Resolution
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, the Assistant City Attorney, Patricia M. Kennedy, will
be on medical leave for a period of approximately eight weeks
starting on or about February 27, 1998, and
WHEREAS, the City Attorney’s Office is in need of assistance to
provide legal services during her absence; now, therefore be it
RESOLVED, That the City Attorney’s office is authorized to enter
into an agreement with Brock & Schwab, LLP. As an independent
contractor for legal services, to be reimbursed at the rate of
$75.00 per hour, not to exceed a total of 220 hours for a total
amount of $16,500.00; and be it further
RESOLVED, That the sum of $16,500.00 shall be transferred from
account A-19090 (unrestricted contingency) to account A1420-5435
(City Attorney).
Carried Unanimously
21.6 Executive Association Agreement - Resolution
By Alderperson Marcham : Seconded by Alderperson Shenk
RESOLVED, That the agreement negotiated with the City’s Executive
Association be hereby approved for the period January 1, 1998
through December 31, 1999, and be it further
RESOLVED, That the negotiated salary adjustment for 1998 be
applied on a retroactive basis to January 1, 1998.
Carried Unanimously
21.7 Authorize Staff to Enter Settlement Agreement
By Alderperson Marcham : Seconded by Alderperson Shenk
RESOLVED, That Common Council approve a post-arbitration
settlement agreement with an employee in the CSEA Administrative
Unit.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:50 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor