HomeMy WebLinkAboutMN-CC-1998-04-01 April 1, 1998
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. April 1, 1998
PRESENT:
Mayor Cohen
Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Gray
Manos, Farrell, Vaughan, Spielholz, Taylor
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Geldenhuys
City Controller – Cafferillo
Deputy Controller – Thayer
Building Commissioner – Eckstrom
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
Fire Chief – Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
By Alderperson Vaughan : Seconded by Alderperson Blumenthal
RESOLVED, That the minutes of the February 4, 1998 Common
Council Meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Cohen requested the deletion of Item 19.3 – Request for
Enabling Legislation to Allow Ticketing of Vehicles Instead of
Drivers for Traffic Infractions and Item 19.6 – Approval of
Contract for Police Services with the Town of Ithaca.
City Attorney Geldenhuys requested the addition of an Executive
Session to discuss a personnel item.
Alderperson Blumenthal requested the deletion of Item 18.1 – An
Ordinance to Amend the city of Ithaca, Chapter 325 entitled
“Zoning” to Change the Zoning Designation Certain Areas of the
City of Ithaca and to Establish Appropriate District Regulations
– Negative Declaration, Item 18.1A – An Ordinance to Amend the
City of Ithaca, Chapter 325, entitled “Zoning” to Change the
Zoning Designation of Certain Areas of the City of Ithaca and to
Establish Appropriate District Regulations, and Item 18.2B Home
Rule Request. Alderperson Blumenthal requested the addition of
Item 18.9A – Lead Agency for the Residential Parking Permit
System – Resolution.
Alderperson Farrell requested the addition of Item 17. 3 –
Police Department Resolution.
Alderperson Gray requested an addition under New Business of an
Item to appoint a new member to the Vacancy Review Board.
Alderperson Taylor requested an addition under Unfinished
Business of an Item of discussion regarding the City/County
Parking lot at the Ithaca Fire Department.
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Alderperson Sams requested the deletion of Item 17.2 – IPD
Mounted Patrol Unit.
No Council members objected.
SPECIAL ORDER OF BUSINESS:
Resolution to Open Public Hearing
By Alderperson Vaughan : Seconded by Alderperson Taylor
RESOLVED, That the Public Hearing to consider An Ordinance to
Amend Chapter 325, entitled “Zoning” to Change the Zoning
Designation of Certain Areas of the City of Ithaca and to
Establish Appropriate District Regulations be declared open.
Carried Unanimously
No one appeared to speak.
Resolution to Close Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Sams
RESOLVED, That the Public Hearing to consider an Ordinance to
Amend Chapter 325, entitled “Zoning” to Change the Zoning
Designation of Certain Areas of the City of Ithaca and to
Establish Appropriate District Regulations be declared closed.
Carried Unanimously
Resolution to Open Public Hearing
By Alderperson Vaughan : Seconded by Alderperson Spielholz
RESOLVED, That the Public Hearing on Alienation of Southwest
Park be declared open.
Carried Unanimously
Daniel Hoffman, City of Ithaca, Member of Conservation Advisory
Council, Co-Chair of the Citizens Planning Alliance, and Chair
of the Six Mile Creek Advisory Committee, spoke regarding the
Environmental Review that was modified by the Planning
Department and the Conservation Advisory Council. Mr. Hoffman
encourages Council to consider adopting a formal comprehensive
plan for Southwest Area.
Daniel Cogan spoke on behalf of Patrick Walkinshaw and stated
his support for the alienation of Southwest Park and his
concerns regarding public access.
Fay Gougakis, City of Ithaca, spoke about the natural resources
in this area.
Resolution to Close Public Hearing
By Alderperson Farrell: Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing on the Alienation of Southwest
Park be closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Sams and Farrell presented the Distinguished Youth
Award to Kaia Skates. Ms. Skates is a junior at Ithaca High
School who is an active participant in a wide variety of
activities and programs in the community and school.
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COMMUNICATIONS:
Alderperson Farrell read a letter from Paul Mazzarella,
Director, Ithaca Neighborhood Housing Service regarding his
support for the proposed Drug Eviction Ordinance.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Drew Martin, Town of Dryden, Sergeant of Ithaca Police
Department, President of PBA, read a letter to Chief Basile
regarding the investigator process boycott, the process against
the PBA contract and community involvement.
Joel Harlan, spoke about the Homeless Rally on April 24, 1998 on
the Commons, and the need for jobs and economic development in
the City.
Bonnie Blanding-May, City of Ithaca, spoke in support of the
Drug Eviction Ordinance.
Vincent Monticello, Sergeant at Ithaca Police Department, spoke
in opposition to the selection committee, and feels this should
be an internal matter based on performance evaluations.
Beverly Apgar, Handblock, spoke in support of the expansion of
outdoor dining program and waiving the cost of the permits.
Flora Sagan, Landlord, City of Ithaca, spoke in support of the
Drug Eviction Ordinance.
Bill Cornell, Ithaca Police Department, addressed Council
regarding the Drug Investigator Process.
Mark Dresser, Tompkins County Sheriff’s Department, addressed
Council regarding the approval of a Contract for Police Services
with the Town of Ithaca. Mr. Dresser encourages communication
and cooperation between the Ithaca Police Department and the
Tompkins County Sheriff’s Office and the involved
municipalities.
Don Lifton, City of Ithaca, spoke in opposition to comments made
in the media about Council person Diann Sams being a “racial
zealot”.
Mark Friedman, Former Attorney for Neighborhood Legal Service,
Ray Schlather, City of Ithaca, and Doria Higgins, Town of
Ithaca, spoke in opposition to the Drug Eviction Ordinance.
Fay Gougakis, City of Ithaca, honored former U.S. Representative
Bella Abzug, and spoke in opposition to the Drug Investigator
Process, and the Coast Guard being removed from Inlet Island.
Lieutenant David Nazer, Ithaca Police Department, stressed the
importance of working together and to pool resources to combat
drug problems. Lt. Nazer requested that the Drug Investigator
hiring process be postponed for 30 days.
Sergeant Doug Martin, Drug Unit Investigator, spoke in support
of allowing the Police Chief perform his job. The investigator
positions have been vacant for 15 months, and feels that this is
a power struggle and an issue of law.
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George Dentes, Tompkins County District Attorney, Jim Hardesty,
City of Ithaca, Judy Hardesty, City of Ithaca, Cynthia Yahn,
City of Ithaca, spoke in support of the Drug Eviction Ordinance.
Orson Ledger, Landlord, Brooktondale, spoke in opposition to the
Drug Eviction Ordinance as written. Mr. Ledger requested that
action on the ordinance be postponed until a meeting can be
arranged with the Landlords Association. Mr. Ledger further
spoke in opposition to the Exterior Property Maintenance
Ordinance and the imposed fines.
Larry Beck, Property Manager, City of Ithaca, spoke in
opposition to the Drug Eviction Ordinance. Mr. Beck suggested
that a database be created to inform other landlords if someone
has been evicted under the Drug Eviction Ordinance.
Cathy Valentino, Supervisor, Town of Ithaca, addressed Council
to discuss the need for continued inter-municipal cooperation.
RESPONSE TO THE PUBLIC:
Alderperson Shenk spoke in support of Chief Basile, and that the
community and the Police Department need to work together.
Alderpersons Farrell and Spielholz thanked all of the speakers
for their community involvement.
Mayor Cohen addressed comments regarding the language in the
Drug Eviction Ordinance, and pointed out that the language is
already part of New York State Law.
Mayor Cohen reported that the Ithaca Downtown Partnership has
produced a marketing brochure for the City.
Mayor Cohen addressed the concerns about public access to
Southwest Park. The City is going to erect a new bridge, which
will connect Buttermilk Falls to the Black Diamond Trail and
Treman Falls.
Mayor Cohen addressed concerns regarding the Drug Investigator
hiring process and noted that Sgt. Drew Martin was invited to
the interviews as an observer.
Mayor Cohen thanked Chief Basile for doing a fine job. Mayor
Cohen also stated that patrol positions were filled prior to the
Drug Investigator positions due to the need for those additional
positions. Mayor Cohen stated that the union filed the proper
grievance procedure, but that a boycott is not appropriate.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Steve Ehrhardt, Vice-Chair, Board of Public Works updated
Council on the following items:
The Board approved bids for a Catch Basin Cleaner and PVC Pipe.
The Board approved in concept an easement for consolidated
natural gas to construct/maintain bank stabilization on City
land at Six Mile Creek. The design will have to go through DEC
for approval.
The Board authorized the City Attorney to work out a plan to
sell Campbell Park property to adjacent property owners.
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The Board approved a 10% increase in rates at Newman Golf Course
in 1998. This is the first increase in three years.
The Board authorized the Superintendent of Public Works to
remove the beavers at Six Mile Creek as deemed necessary. At
this time, the Board and the Superintendent do not feel this is
necessary.
The Board is reluctant to approve the Mounted Police Program due
to inadequate sanitation requirements.
The Board approved the outdoor dining program, and waived the
permit fees for 1998. The Ithaca Downtown Partnership was
granted permission to administer the outdoor dining program for
1998 in conjunction with the Superintendent’s office and the
City Clerk’s office.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Shenk addressed the proposed TCAT Board appointments
and stated that one of the candidates has a labor background and
is a transit user. Alderperson Shenk stated that the Mayor
would not be making the appointment to the TCAT Board during
this meeting.
Alderperson Blumenthal thanked the members of the Ithaca Police
Department, Ithaca Fire Department, and the personnel from the
County Crisis Team that were on duty during the recent bomb
threat situation. Alderperson Blumenthal also thanked
Assemblyman Luster for enabling the city to receive $77,000 of
funding for the Inlet Island promenade. Alderperson Blumenthal
announced that there will be a Public Information Session
Monday, April 6, 1998 on the Southwest Area Plan, and there will
be two Public Hearings for the Southwest Area Plan on April 20,
1998 and May 6, 1998. On April 28, 1998 there will be a Public
Hearing on the Residential Parking Permit System.
Alderperson Sams announced that the Africa in Ithaca Fashion
Show and performance will be held at B.J.M. School on April 4,
1998.
Alderperson Farrell announced that sign-up day for Community
Garden plots is April 25, 1998.
COMMUNICATIONS FROM THE MAYOR:
Appointment to the Board of Zoning Appeals
By Mayor Cohen : Seconded by Alderperson Farrell
RESOLVED, That Connie Thomas is appointed as an alternate to the
Board of Zoning Appeals.
Carried Unanimously
Mayor Cohen announced the Community Drug Task Force Meeting on
April 20, 1998. The Task Force will be presenting an interim
report to the community.
Mayor Cohen read notification from Peter Meskill, Tompkins
County Board of Representatives, that he was successful in
obtaining $1,000 to restore the DeWitt Park Memorial Monuments.
Mayor Cohen will take this item to the Board of Public Works.
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Mayor Cohen announced three proclamations:
Support West End Business Week April 18 – April 24, 1998
Suicide Prevention Month
Child Abuse Prevention Month
RECESS:
Common Council recessed at 8:00 P.M.
RECONVENE:
Common Council reconvened into regular session at 8:15 P.M.
Alderperson Marcham requested that Item 16.5 be removed from the
Consent Agenda and placed on the regular Budget and
Administration agenda.
CONSENT AGENDA ITEMS:
16.1 Fire Department - Approval of Appointments to the Ithaca
Tompkins Regional Training Center Joint Operations Committee
By Alderperson Vaughan : Seconded by Alderperson Shenk
WHEREAS, the structure for and the formation of a Joint
Operations Committee as the administrative and planning group
for a regional training center was approved at the February,
1998 meeting of the City of Ithaca Common Council, and
WHEREAS, the Board of Fire Commissioners of the City of Ithaca
makes nominations for three persons to be appointed as the City
and Town representatives to the Joint Operations Committee, and
WHEREAS, the Board did at the regular March, 1998 meeting pass a
motion nominating Deane M. Cook for a one year term; J. Thomas
Dorman for a two year term; and Leon D. LaBuff for a three year
term, and
WHEREAS, Deane M. Cook, whose residence is situated in the Town
of Ithaca, is also nominated as the representative from the Town
of Ithaca; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
confirms the nominations of the Board of Fire Commissioners to
the Joint Operations Committee, and be it further
RESOLVED, That such appointments are for the terms as
recommended by the Board of Fire Commissioners.
Carried Unanimously
16.2 Police Department - Request to Standardize on Recording
System Equipment
By Alderperson Vaughan : Seconded by Alderperson Shenk
WHEREAS, this Common Council has been requested by the Ithaca
Police Department to standardize on Dictaphone Communications
recording system equipment to be used by the Police Department,
and to authorize the City to purchase approved equipment from
the manufacturer, or a representative thereof, and
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve
such standardization, as more fully spelled out in the following
items:
1. Tompkins County presently has Dictaphone Communications
recording system equipment;
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2. The dictaphone equipment will allow for greater
coordination between City and County government, reducing
time and costs while improving life safety response time;
3. This equipment will make it possible to assure
compatibility with recording and playback equipment used by
Tompkins County's Fire & Disaster, Sheriff, and District
Attorney's Offices;
4. Labor costs for maintenance and service of a standard type
of equipment county-wide will be less than are required to
service different types of recording systems equipment;
5. Present dictaphone equipment has been satisfactory for the
uses of the Tompkins County Sheriff, Fire & Disaster, and
District Attorney's Office;
6. Will allow for lower acquisition cost of recording systems
and related equipment; now, therefore, be it
RESOLVED, That pursuant to Section 103, subdivision 5-A of the
General Municipal Law of the State of New York, this Common
Council hereby authorizes the standardization of Dictaphone
Communications recording system equipment as the type of
equipment to be used and purchased by the City of Ithaca Police
Department during 1998.
Carried Unanimously
16.3 City Chamberlain - Request to Correct 1998 City Tax Roll
for BID Assessment
By Alderperson Vaughan : Seconded by Alderperson Shenk
RESOLVED, That the BID assessment levied on the property at 420
East State Street, a residential property, be hereby deleted
from the 1998 Tax Roll, in the amount of $55.20 per installment.
Carried Unanimously
16.4 Youth Bureau - Request to Amend Youth Bureau Personnel
Roster
By Alderperson Vaughan : Seconded by Alderperson Shenk
RESOLVED, That the personnel roster of the Youth Bureau be
amended, subject to appropriate approvals of the Civil Service
Commission, as follows:
Delete: One (1) Youth worker - Full time (35 hr./week) -
for the Youth Employment Service Program
Add: One (1) Youth Development Program Leader - Full
time (35 hr./week) - for the Youth
Carried Unanimously
REGULAR AGENDA ITEMS:
17. COMMUNITY ISSUES COMMITTEE:
17.1 Proposed Drug Eviction Ordinance - Discussion
By Alderperson Sams : Seconded by Alderperson Manos
AN ORDINANCE ADDING A NEW CHAPTER 177 TO THE MUNICIPAL CODE OF
THE CITY OF ITHACA, ENTITLED EVICTION FOR ILLEGAL DRUG USE AND
POSSESSION.
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ORDINANCE 98-
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca as follows:
That a new Chapter to be known and designated as Chapter
177 entitled EVICTION FOR ILLEGAL DRUG USE AND POSSESSION is
hereby added to the City of Ithaca Municipal Code to read as
follows:
Section 1. Declaration of Legislative Findings and Purpose
A. The Common Council finds that:
1. The Common Council of the City of Ithaca is concerned
about the use of rental properties located within the City for
the purposes of illegal drug use, possession and sale, and
2. These illegal acts have a deleterious effect upon the
neighborhoods in which the properties are located,
3. The remedies provided in Section 715 of the New York
State Real Property Actions and Proceedings Law do not
adequately address the problems resulting from the
aforementioned illegal acts; and The District Attorney of
Tompkins County is willing to proceed with evictions pursuant to
the attached Ordinance for Eviction for Illegal Drug Use and
Possession.
Section 2.
A special proceeding to evict a tenant from leased premises may
be maintained upon the ground that the premises, or any part
thereof, have been used or occupied for the purpose of using or
possessing illegal drugs. For purposes of this section, the
term tenant, in addition to its ordinary meaning, shall
include an occupant of one or more rooms in a rooming house or a
resident, not including a transient occupant, of one or more
rooms in a hotel who has been in possession for thirty
consecutive days or longer.
Section 3.
The procedures applicable to summary proceedings to recover
possession of real property under State law shall be applicable
to any proceeding brought under this law.
Section 4.
The following persons, corporations or agencies, may serve
personally upon the owner or landlord, or upon his agent, of
demised real property used or occupied in whole or in part for
the use or possession of illegal drugs, a written notice
requiring the owner or landlord to make an application for the
removal of the person(s) so using or occupying the premises:
(a) Any domestic corporation organized for the suppression
of vice, subject to or which submits to visitation by the
State Department of Social Services and possesses a
certificate from such department of such fact and of
conformity with regulations of the Department;
(b) Any duly authorized enforcement agency of the State or
of a subdivision thereof, under a duty to enforce the
provisions of the Penal Law or of any State or local law,
ordinance, code, rule or regulation relating to buildings.
If the owner or landlord or his agent does not make such
application within five days thereafter; or, having made it,
does not in good faith diligently prosecute it, the person,
corporation or enforcement agency giving the notice may bring a
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proceeding under this article for such removal as though the
petitioner were the owner or landlord of the premises, and shall
have precedence over any similar proceeding thereafter brought
by such owner or landlord or to one theretofore brought by him
and not prosecuted diligently and in good faith. Proof of the
ill repute of the demised premises or of the occupants thereof
or of those resorting thereto shall constitute presumptive
evidence of the unlawful use of the demised premises required to
be stated in the petition for removal. Both the person(s) in
possession of the property and the owner or landlord shall be
made respondents in the proceeding.
Section 5.
Two or more convictions of any person or persons had, within a
period of one year, for any of the offenses defined in articles
220 or 221 of the Penal Law arising out of conduct engaged in at
the same real property consisting of a dwelling as that term is
defined in subdivision four of section four of the multiple
dwelling law shall be presumptive evidence of conduct
constituting use and occupancy of the premises for the purpose
of using and possessing illegal drugs, and of the tenant’s
knowledge thereof.
Section 6.
A court granting a petition pursuant to this section may, in
addition to any other order provided by law, make an order
imposing and requiring the payment by the respondent of a civil
penalty not exceeding five thousand dollars to the municipality
in which the subject premises is located and, the payment of
reasonable attorneys fees and the costs of the proceeding to the
petitioner. In any such case multiple respondents shall be
jointly and severally liable for any payment so ordered and the
amounts of such payments shall constitute a lien upon the
subject realty.
Section 7. Effective Date
This Chapter shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca
City Charter.
Alderperson Shenk described State Law 715 and stated that this law
has been tried once and was successful. Alderperson Shenk
proposed that the City hire a legal specialist in this field and
go after the tenant aggressively with State Law 715.
Alderperson Marcham stated that State Law 715 does not work
because dealers are too smart and collection of evidence is too
difficult.
Alderpersons Spielholz, Farrell, and Vaughan voiced their support
for the Drug Eviction Ordinance.
Alderperson Sams noted that she supports the ordinance and would
like the Community Issues Committee to evaluate the legislation to
determine its effectiveness.
Alderperson Blumenthal voiced her support for the ordinance as
well as the establishment of a database to work with the
District Attorney’s Office for evicted tenants. Alderperson
Blumenthal recommends that the establishment of a database be
discussed at the Community Issues Committee.
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Alderperson Taylor voiced her support of the ordinance and
suggested that Council work with the Landlords Association to
create the database of evicted tenants.
Call the Question
By Alderperson Farrell : Seconded by Alderperson
Motion Fails for lack of a Second
Alderperson Gray noted that he supports the idea of examining
the legislation periodically, and possibly adding a sunset
clause to force annual evaluation.
Amending Resolution
By Alderperson Gray : Seconded by Alderperson Shenk
RESOLVED, That a one-year evaluation sunset clause be added to
the Ordinance.
Alderperson Blumenthal spoke in opposition to the amendment and
stated that this raises enforcement issues if the Ordinance
lapses.
Alderperson Farrell spoke in opposition to the amendment as she
prefers an evaluation process as opposed to a sunset clause.
Alderperson Shenk spoke in support of the amendment.
A vote on the amending resolution resulted as follows:
Ayes (2) Shenk, Gray
Nays (7) Vaughan, Marcham, Spielholz,
Taylor, Blumenthal, Farrell, Manos
Abstention (1) Sams
Motion Failed
Amending Resolution
By Alderperson Shenk : Seconded by Alderperson Gray
RESOLVED, That the last line of Section 4 “Proof of the ill
repute of the demised premises or of the occupants thereof or of
those resorting thereto shall constitute presumptive evidence of
the unlawful use of the demised premises required to be stated
in the petition for removal” be removed from the Ordinance.
Mayor Cohen spoke in opposition to the amendment.
A vote on the amending resolution resulted as follows:
Ayes (2) Shenk, Gray
Nays (7) Vaughan, Marcham, Spielholz
Taylor, Blumenthal, Manos,
Farrell
Abstention (1) Sams
Motion Failed
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Amending Resolution
By Alderperson Shenk : Seconded by Alderperson Gray
RESOLVED, That the proceedings listed within the Ordinance be
limited to felony level offenses.
Alderperson Spielholz spoke in opposition to the amending
resolution, and stated that the court system is responsible for
handling violations, etc.
A vote on the amending resolution resulted as follows:
Ayes (1) Shenk
Nays (9) Gray, Vaughan, Marcham, Manos,
Spielholz, Taylor, Blumenthal,
Farrell, Sams
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (9) Gray, Vaughan, Marcham, Manos,
Spielholz, Taylor, Blumenthal,
Farrell, Sams
Nays (1) Shenk
Carried
17.3 Police Department Issues
By Alderperson Farrell : Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca conducted an extensive search for a
new Chief of Police, and
WHEREAS, the Search Committee was broadly based and included
members of the Ithaca Police Department, elected officials, and
many other community members with diverse points of view, and
WHEREAS, Chief Basile was recommended by the Search Committee
Members, appointed by the Mayor, and approved by Common Council
and
WHEREAS, Chief Basile has been employed as Chief of police for
only eight months, during which time he has made an effort to
work with members of the Police Department, elected officials,
and community residents; now, therefore be it
RESOLVED, That Common Council expresses continued confidence in
and support for Chief Basile and his vision for the Ithaca
Police Department which includes both support for members of the
Police Department and involvement by community members.
Carried Unanimously
18. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.2 Proposed Adoption of Southwest Area Land Use Study –
Designation of Lead Agency - Resolution
By Alderperson Blumenthal : Seconded by Alderperson Manos
WHEREAS, State Law and Section 176.6 of the City Code requires
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
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WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the adoption of comprehensive land use plans are a Type I
Action and subject to environmental review under the city’s
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That Common Council for the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed adoption of the Southwest Area Land Use Study.
Carried Unanimously
18.2a Southwest Park Alienation – Negative Declaration –
Resolution
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, the City of Ithaca is pursuing the Alienation process
to remove park status from Southwest Park and substitute those
parcels with land just south along the Cayuga Inlet, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a long Environmental Assessment
Form (LEAF), and
WHEREAS, it appears that the proposed action is a Type I action
under the City Environmental Quality Review Act (CEQR Sec. 176-
12B), and
WHEREAS, based on the LEAF, the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own the findings and conclusions
more fully set forth on the Long Environmental Assessment Form
dated February 13, 1998, and be it further
RESOLVED, that this Common Council, as lead agency, hereby
determines 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 constitutes notice of this
negative declaration and that the City Clerk is hereby directed
to file a copy of the same, together with any attachments, in
the City Clerk’s Office, and forward the same to any other
parties as required by law.
Carried Unanimously
Alderperson Shenk thanked Doug Foster for all of his work on
this project.
18.3 An Ordinance Amending the Municipal Code of the City of
Ithaca, Chapter 325, entitled “Zoning” to Change a Portion of the
MH-1 Zone, in a Certain Area in the City of Ithaca – Designation
of Lead Agency
By Alderperson Blumenthal : Seconded by Alderperson Shenk
WHEREAS, State Law and Section 176.6 of the City Code require that
a lead agency be established for conducting environmental review
April 1, 1998
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of projects in accordance with local and State environmental law,
and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed amendment of Chapter 325 of the City of
Ithaca Municipal Code, to change a portion of the MH-1 zone to a
B-5 zone, is a Type I Action and subject to environmental review
under the City’s Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, That the Common Council for the City of Ithaca does
hereby declare itself lead agency for the environmental review of
the proposed amendments to the City Code to change a portion of
the MH-1 zone to a B-5 zone in a certain area of the City.
Carried Unanimously
18.3a An Ordinance Amending the Municipal Code of the City of
Ithaca, Chapter 325, entitled “Zoning” to Change a Portion of the
MH-1 Zone, in a Certain Area in the City of Ithaca – Call for a
Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Shenk
RESOLVED, That Ordinance 98-__ entitled “An Ordinance Amending
the Municipal Code of the City of Ithaca, chapter 325 Entitled
"Zoning" to change the zoning designation of certain areas in
the City of Ithaca” is hereby introduced before the Common
Council of the City of Ithaca, New York, and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance in Common
Council Chambers, City Hall, 108 East Green Street, in the City
of Ithaca, New York, on Wednesday, May 6, 1998, 7:00 PM, and be
it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms described the proposed
ordinance. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca
Planning and Development Board true and exact copies of the
proposed zoning ordinance for their report thereon.
Carried Unanimously
The Ordinance to be considered shall be as follows:
An ordinance amending the Municipal Code of the City of Ithaca,
chapter 325 Entitled "Zoning" to change the zoning designation
of certain areas in the City of Ithaca.
April 1, 1998
14
ORDINANCE 98-
BE IT ORDAINED AND ENACTED by Common Council of the City of
Ithaca, New York as follows:
Section 1. Chapter 325, Article 2 entitled "Zoning
Districts" is hereby amended to change the zoning designation of
the following area from MH-1 to B-5:
ALL THAT TRACT OR PARCEL OF LAND more particularly bounded
and described as follows:
Beginning at a point in the easterly line of Tax Parcel
118.-1-1 along the Flood Relief Channel, said point of beginning
being located approximately 400 feet north of Elmira Road, said
point of beginning also being the easterly point of the existing
zone boundary line between MH-1 and B-5 within Tax Parcel 118.-
1-1; running thence westerly along the existing MH-1 and B-5
zone boundary line within Tax parcel 118.-1-1 approximately 980
feet to a point in the westerly line of Tax Parcel 118.-1-1 and
the easterly line of Tax Parcel 119.-1-2 (Southwest Park);
running thence northerly along the westerly line of Tax Parcel
118.-1-1 and the easterly line of Tax Parcel 119.-1-2 (Southwest
Park) approximately 928 feet to the southwest corner of Tax
Parcel 101.-1-1.2; running thence northerly along the westerly
line of Tax Parcel 101.-1-1.2 and the easterly line of Tax
Parcel 96.-2-5.12 approximately 82 feet to the southwest corner
of Tax Parcel 101.-1-1.1; running thence northerly along the
westerly line of Tax Parcel 101.-1-1.1 and the easterly line of
Tax Parcel 96.-2-5.12 approximately 224 feet to a point then
continuing northwesterly along the southwesterly line of Tax
Parcel 101.-1-1.1 and the northeasterly line of Tax parcel 96.-
2-5.12 approximately 428 feet to the northern most point of Tax
Parcel 96.-2-5.12; running thence northerly approximately 175
feet along the westerly line of Tax Parcel 101.-1-1.1 and the
easterly line of Tax Parcel 96.-2-5.11 to a point then running
thence easterly approximately 1,225 feet parallel to West
Clinton Street to a point on the easterly line of Tax Parcel
101.-1-1.1 and the Flood Relief Channel; running thence
southerly along the westerly bank of the Flood Relief Channel to
the point or place of beginning.
Section 2. The City Planning and Development Board, the
City Clerk and the Planning Department shall amend the zoning
map in accordance with the amendment made herewith.
Section 3. Effective Date. This ordinance shall take
effect immediately and in accordance with law upon publication
Of notices as provided in the Ithaca City Charter.
18.4 An Ordinance Amending the Subdivision Regulations
Established Pursuant to Chapter 290, entitled “Subdivision of
Land”, of the City of Ithaca Municipal Code – Report
Alderperson Blumenthal reported on the ordinance amending
Subdivision Regulations. There will be three classes of
subdivisions as follows: 1) Lot line adjustments 2) Minor
subdivisions and 3) Major subdivisions.
April 1, 1998
15
18.5 Support for a Transportation and Urban Planning Study -
Resolution
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, the document Ecology and Urbanism, written by two local
citizens, has been widely circulated among area community
leaders, planners, business people, environmentalists and
elected officials, and
WHEREAS, this document proposes a planning study of interrelated
ideas for promoting a healthy "Ithaca urban area," with
particular emphasis on strategies for strengthening downtown
Ithaca, and
WHEREAS, the ideas suggested for study include proposals for:
(1) Construction of a series of interconnected downtown "urban
villages";
(2) Establishment of a light-rail trolley system to link the
urban villages with other neighborhoods and important
destination points in the city and with buses to outlying
villages and hamlets;
(3) Preservation of farmland and other open spaces throughout
the county by the expansion or creation of voluntary purchase-
of-development-rights programs;
(4) Coordination of City and County economic development
strategies to expand and diversify the local economy; and
WHEREAS, implementation of such proposals may benefit the City
of Ithaca by increasing its tax base, revitalizing the Central
Business District, strengthening downtown neighborhoods,
stimulating economic growth, providing additional jobs,
lessening social and class inequities, preserving surrounding
rural areas, and reducing traffic congestion, and
WHEREAS, because of their possible potential for enhancing the
long-term fiscal, economic and social well-being of the City,
Common Council believes these interrelated concepts merit
integrated, in-depth study, and
WHEREAS, ideas with regional implications such as these would
most effectively be explored by an intermunicipal agency having
expertise in transportation planning and an understanding of the
complex interrelationships between public transit; land use
planning; and community social, economic and environmental
goals, and
WHEREAS, the agency in Tompkins County best exemplifying these
criteria is the Ithaca-Tompkins County Transportation Council,
whose Planning and Policy Committees include representatives
from planning departments and policy makers throughout the
'Ithaca urban area' and the County, and
WHEREAS, the ITCTC Planning Committee will discuss the Ecology
and Urbanism planning proposal at its April meeting, and it
appears appropriate for the City to offer initial input at this
time,
April 1, 1998
16
WHEREAS, this study will not require funding or staff support
from the City of Ithaca; now, therefore, be it
RESOLVED, that Common Council requests that the Ithaca-Tompkins
County Transportation Council consider the merits of sponsoring
and seeking funding for an intermunicipal planning study that,
if eventually approved and funded, would evaluate: (1) the
feasibility of establishing a local light-rail trolley system
within the "Ithaca urban area," to be linked by bus to other
county destinations; (2) the potential for such a trolley system
to support, and be supported by, large new downtown mixed-use
housing developments, or "urban villages;" (3) the relationship
between the foregoing ideas and broader land use planning goals,
including rural open space conservation; and (4) the possibility
for these transit and housing initiatives to promote and enhance
both City and County economic development efforts.
Carried Unanimously
18.6 An Ordinance Amending Section 325-3 and Adding Subsection
325-20 c(1)(j), Regulating Vehicle Parking on Private Property,
in Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal
Code – Call for Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Manos
WHEREAS, the Planning and Economic Committee of Common Council
has recommended that the Zoning Ordinance be amended in such a
way as to change the regulations that govern the parking of
vehicles on private property, and
WHEREAS, adoption of such an ordinance is subject to a public
hearing; now therefore be it
RESOLVED, That Ordinance 98-____entitled “An Ordinance Amending
Section 325-3 and Adding Subsection 325-20 c(1)(j), Regulating
Vehicle Parking on Private Property, in Chapter 325 Entitled
“Zoning” of the City of Ithaca Municipal Code” is hereby
introduced before the Common Council of the City of Ithaca, New
York, and be it further
RESOLVED, That Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance to be held in
the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, May 6, 1998 7:00
P.M., and be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least 15
(fifteen) days prior to the public hearing, and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca
Planning and Development Board true and exact copies of the
proposed zoning ordinance for their reports thereon.
Carried Unanimously
The Ordinance to be considered shall be as follows:
April 1, 1998
17
ORDINANCE 98-
BE IT ORDAINED AND ENACTED by the common Council of the City of
Ithaca, New York, as follows:
Section 1. The City of Ithaca Zoning Ordinance Section 325-3.B
is hereby amended to add a definition of “parking” as follows:
PARKING – the act of stopping a motor vehicle to leave on a
public way or in a parking space, parking area, or parking lot.
Section 2. The City of Ithaca Zoning Ordinance is hereby
amended to add subsection 325-20.C.(1) (j) as follows:
325.20.C(1) (j) Parking. All parking must occur in approved
parking spaces, parking areas of parking lots meeting the
general standards for all off-street parking area
Section 3. This Ordinance shall take effect immediately and
in accordance with law upon publication of notices as provided
in the Ithaca City Charter.
18.7 Planning Compact - Resolution
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, the City of Ithaca, the County of Tompkins and the Town
of Ithaca have collaborated on a number of planning initiatives
over the past several years which have resulted in benefits to
each municipality, and
WHEREAS, future cooperation among these municipalities may result
in economies and savings to the taxpayers, and
WHEREAS, the City is interested in continuing to work with the
County on planning initiatives, and
WHEREAS, the establishment of a formal framework for the
cooperation among the City of Ithaca, the County of Tompkins and
the Town of Ithaca is in the interest of each of these
municipalities; now, therefore be it
RESOLVED, That the City of Ithaca does hereby authorize the Mayor
of the City of Ithaca to execute the attached Intermunicipal
Compact for Planning.
Carried Unanimously
18.8 Conveyance of Certain Parcels in the Carpenter Business Park
to the IURA for Disposition (Carpenter Circle included only if
abandoned by BPW) – Resolution
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
WHEREAS, the 10.8 acre Carpenter Business Park located on Third
Street with frontage along N. Meadow Street was completed in
1990, and
WHEREAS, the City owns four parcels totaling 4.94 acres of land
and the Ithaca Urban Renewal Agency (IURA) owns the remaining
three parcels totaling 5.86 acres of land in the Carpenter
Business Park, and
WHEREAS, the IURA has actively marketed the lots for lease and
sale for light manufacturing industrial uses with a job creation
goal of 17 jobs per acre since 1990, and
April 1, 1998
18
WHEREAS, the IURA has been unsuccessful in securing satisfactory
tenants and Carpenter Business Park has remained vacant since
its completion in 1990 with the exception of the community
gardens located on the 2.25-acre parcel #36-1-3.4, and
WHEREAS, besides the community garden parcel, the City owns four
other land parcels totaling approximately 2.7 acres in size
(#36-1-2, #36-1-3.3, #36-1-3.5 and #36-1-3.6), and
WHEREAS, a 1998 appraisal of Carpenter Business Park, excluding
the community gardens parcel, establishes the fair market value
at $1,364,000; now, therefore, be it
RESOLVED, That the Common Council does hereby declare all City-
owned parcels in Carpenter Business Park, except those leased to
Project Growing Hope, Inc. used for community gardens, as
surplus property, and be it further
RESOLVED, That the Common Council does hereby authorize
conveyance of these surplus parcels to the Ithaca Urban Renewal
Agency for disposition for no less than fair market value,
subject to the following conditions:
A. property must not be used for an adult entertainment
establishment use,
B. property must not be used for a warehousing or storage as a
primary use for a period of 10 years from the date of conveyance
from the IURA, and
C. retention of access and utility easements to parcel #36-1-
3.4, currently used for community gardens, and utility
easements for any other public utilities located on the
property, and be it further
RESOLVED, That should the Board of Public Works (BPW) abandon
the Carpenter Circle cul-de-sac, the street property will be
conveyed separately at a later date, and if it is not abandoned
by BPW, Carpenter Circle shall not be considered surplus
property and will therefore not be conveyed, and be it further
RESOLVED, That the IURA consider various options for disposition
to optimize development potential and purchase price of
Carpenter Business Park including, but not limited to, selling
all parcels to a single developer or offering individual parcels
to a variety of purchasers, and be it further
RESOLVED, That any net proceeds from the sale of the parcels
after expenses incurred by the IURA shall be returned to the
City, and be it further
RESOLVED, That the Mayor, upon review by the City Attorney, is
hereby authorized to sign any and all instruments necessary for
the conveyance of this property to the Ithaca Urban Renewal
Agency.
Carried Unanimously
18.9 Residential Parking Permit System - Report
Alderperson Vaughan reported on the Residential Parking Permit
System. A committee has been meeting for several months with
residents from the Third, Fourth and the Cornell Heights portion
of the Fifth Ward, the Department of Public Works, the Ithaca
April 1, 1998
19
Police Department, Cornell University and landlords. A draft
report dated March 31, 1998 was distributed.
Alderperson Vaughan stated that this item will be discussed at
the Planning Committee on April 22,1998 and a public information
session will be held on April 28,1998. Common Council will vote
on the Residential Parking Permit System at the May 6,1998
meeting.
18.9a Adoption of the Ordinance Establishing a Residential
Parking Permit System – Designation of Lead Agency for
Environmental Review – Resolution
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
WHEREAS, State Law and Section 176.6 of the City Code requires
that a lead agency be established for conducting environmental
review of projects in accordance with local and state
environmental law, and
WHEREAS, State Law specifies that for actions governed by local
environmental reviews, the lead agency shall be that local
agency which has primary responsibility for approving and
funding or carrying out the action, and
WHEREAS, the adoption of the ordinance establishing a Resident
Parking Permit System pursuant to New York State Vehicle and
Traffic Law Section 1640-e requires an environmental review
under the City’s Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby declare itself lead agency for the environmental review
of the proposed adoption of the Ordinance establishing a
Resident Parking Permit System.
Carried Unanimously
19. BUDGET AND ADMINISTRATION COMMITTEE:
19.0 Authorizing the City Controller of the City of Ithaca,
Tompkins County, New York, to Execute a Project Financing and
Loan Agreement, and Any Other Agreements, or Amendments Thereto,
and Any Instruments in the Effectuation Thereof in Connection
With The Proposed Issuance of Serial Bonds or Notes of Said City
to be Issued to the New York State Environmental Facilities
Corporation or Otherwise for the Purpose of Financing or
Refinancing the Costs of Certain Sewer Project Costs in Said
City, and Delegating to the City Controller the Power to
Prescribe the Terms, Form and Contents or and To Sell Such
Serial Bonds or Notes – Resolution
By Alderperson Marcham Seconded by Alderperson Vaughan
WHEREAS, the Common Council of the City of Ithaca, Tompkins
County, New York (the “City”), has heretofore, pursuant to bond
resolution dated January 4, 1995, authorized the issuance of
$2,000,000 serial bonds of said City to pay the cost of the
reconstruction and replacement of sewer collection lines in the
City sewer system, including incidental original furnishings,
equipment, machinery, apparatus, appurtenances and incidental
improvements and expenses in connection therewith, a class of
objects or purposes, in said City as specified in Section (1)
thereof; and
WHEREAS, a proposal has been submitted to said City by the New
York State Department of Environmental Conservation (DEC) and
April 1, 1998
20
the New York State Environmental Facilities Corporation (EFC) to
finance or refinance, pursuant to the Local Finance Law, all or
a portion of said class of objects or purposes; and
WHEREAS, it is now desired to authorize said City Controller to
analyze said financing or refinancing proposal and if, based
upon said analysis, he believes that it is in the best interest
of the City of Ithaca to so finance or refinance such class of
objects or purposes, or a portion thereof, through the issuance
of serial bonds and/or notes to be sold to EFC, to execute a
project financing and loan agreement, and any other agreements
on behalf of said City with DEC and/or EFC, including amendments
thereto, and including any instruments (or amendments thereto)
in the effectuation thereof, and to sell such serial bonds
and/or notes to EFC, in order to effect the intent of the
aforesaid project financing and loan agreement and in order to,
in any other way, facilitate such financing or refinancing of
all or a portion of said class of objects or purposes; now,
therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. The City Controller of the city of Ithaca, Tompkins
county, New York, is hereby authorized, on behalf of said City,
to execute a project financing and loan agreement, and any other
agreements with DEC and/or EFC, including amendments thereto,
and including any instruments (or amendments thereto) in the
effectuation thereof, in order to effect the intent of this
resolution, that being to authorize the financing or refinancing
of the class of objects or purposes described in the bond
resolution hereinafter stated, or a portion thereof, by a serial
bond issue and/or a note issue of said City to be sold to EFC.
The bond resolution and class of objects or purposes is as
follows: To pay the cost of the reconstruction and replacement
of sewer collection lines in the City sewer system, including
incidental original furnishings, equipment, machinery,
apparatus, appurtenances and incidental improvements and
expenses in connection therewith, at a maximum estimated cost of
$2,000,000 and authorizing the issuance of $2,000,000 serial
bonds therefore by bond resolution dated and duly adopted
January 4, 1995.
Section 2. Without limiting the generality of the foregoing
delegations of power, the power to sell such bonds shall include
the power to provide the description of the bonds, the date of
issue of the bonds, the denominations and numbers of the bonds,
the dates for the payment of the principal of and interest on
the bonds, including the number of maturities and the amounts
thereof, the provisions for redemption prior to maturity, if
any, the designation of the fiscal agent, the designation of a
place or places of payment or principal and interest on the
bonds, and the text of the bonds.
Section 3. The power to issue and sell notes to the New York
State Environmental Facilities Corporation pursuant to Section
169.00 of the Local Finance Law is hereby delegated to the City
Controller. Such notes shall be of such terms, form and
contents as may be prescribed by said City Controller consistent
with the provisions of the Local Finance Law.
April 1, 1998
21
Section 4. The intent of this resolution is to give the City
Controller sufficient authority to execute those agreements,
instruments or to do any similar acts necessary to effect the
issuance of the aforesaid serial bonds or notes without
restoring to further action of this Common Council.
Section 5. This resolution shall take effect immediately.
Roll Call Vote
A roll call vote resulted as follows:
Alderperson Vaughan – aye
Alderperson Marcham – aye
Alderperson Spielholz – aye
Alderperson Gray – aye
Alderperson Taylor – aye
Alderperson Shenk – aye
Alderperson Manos – aye
Alderperson Sams – aye
Alderperson Farrell - aye
Alderperson Blumenthal – aye
Carried Unanimously
19.1 Common Council - Approval of Agreement Allowing the Ithaca
Downtown Partnership to Expand Management of Outdoor Dining
Program
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, Common Council approved the implementation of a BID-
sponsored outdoor dining program on The Ithaca Commons for a
1997 trial that waived the usual city permit fees, and
WHEREAS, city officials are pleased to recognize the program's
success in promoting business activity, and, in addition,
providing a welcoming atmosphere in the city center, and
WHEREAS, the board of directors of the Ithaca Downtown
Partnership wishes to continue managing the outdoor dining
program on The Commons in 1998 and expand it to sidewalks
adjacent to restaurants and food stores throughout the Ithaca
Downtown Business Improvement District, again free of city
charges, and
WHEREAS, program participants agree to provide routine clean-up
in the dining areas, and figures supplied by the IDP suggest
that the program's additions to sales tax revenues will
partially offset the City's losses in permit fees, estimated at
$1,800 - 3,000 annually (for sidewalk permits in '98); now,
therefore, be it
RESOLVED, That Common Council agrees to allow the Ithaca
Downtown Partnership to expand management of the outdoor dining
program in 1998, subject to review by, and agreement with the
Commons Advisory Board and subject to rules and oversight from
the Superintendent of Public Works, and approves the Board of
Public Works' recommendation to waive the city permit fees for
1998.
Mayor Cohen stated that Simeon’s will continue to pay outdoor
dining fees.
A vote on the Resolution resulted as follows:
Carried Unanimously
April 1, 1998
22
19.2 Common Council – An Ordinance Amending Chapters 128, 240
and 250 of the Municipal Code of the City of Ithaca
By Alderperson Marcham : Seconded by Alderperson Vaughan
ORDINANCE 98-
BE IT ORDAINED AND ENACTED, by the Common Council of the City of
Ithaca that the following City Code sections be amended as
follows:
§ 128-1. Findings and purpose.
A. The Common Council finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to
disorders and related problems as well as the littering of such
public place and the development of unsanitary conditions and is
disturbing to the public and threatens peace and good order.
§ 128-3. Public consumption prohibited.
No person shall, within the City of Ithaca, drink or otherwise
consume liquor, wine, beer or other alcoholic beverages while
such person is in or upon any public place as defined herein.
§ 128-6. Penalties for offenses.
A. The violation of any of the provisions of this Article
shall be punishable by a fine not greater than two hundred fifty
dollars ($250) and/or not more than fifteen (15) days in jail,
and not less than one hundred dollars ($100) or twenty five (25)
hours of community service; provided, however, that a person who
violates this Article after having been convicted of a violation
of this Article within the preceding three (3) years shall be
punishable by a fine not greater than five hundred dollars
($500) and/or not more than fifteen (15) days in jail, and not
less than one hundred dollars ($100) or twenty five (25) hours
of community service; and further provided that a person who
violates this Article after having been convicted two (2) or
more times of a violation of this Article within the preceding
three (3) years shall be punishable by a fine not greater than
seven hundred fifty dollars ($750) and/or not more than fifteen
(15) days in jail, and not less than one hundred dollars ($100)
or twenty five (25) hours of community service.
§ 240-1. Title.
This chapter shall be known and may be cited as the "City of
Ithaca Noise Ordinance."
§ 240-15. Penalties for offenses. [Amended 3-6-1991 by Ord. No.
91-7]
Any person who shall violate any provision of this chapter
shall be punishable by a fine not to exceed two hundred fifty
dollars ($250.) or imprisonment of not more than fifteen (15)
days, or both such fine and imprisonment, and not less than one
hundred dollars ($100) or twenty five (25) hours of community
service; provided, however, that a person who shall violate any
provision of this chapter after having been convicted of a
violation of any provision of this chapter within the preceding
three (3) years shall be punishable by a fine not to exceed five
hundred dollars ($500.) or by imprisonment of not more than
fifteen (15) days, or both such fine and imprisonment, and not
less than one hundred dollars ($100) or twenty five (25) hours
of community service; and further provided that any person who
shall violate any provision of this chapter after having been
April 1, 1998
23
convicted two (2) or more times of a violation of any provision
of this chapter within the preceding three (3) years shall be
punishable by a fine not to exceed seven hundred fifty dollars
($750.) or by imprisonment of not more than fifteen (15) days,
or both such fine and imprisonment, and not less than one
hundred dollars ($100) or twenty five (25) hours of community
service.
§ 250-8. Public urination; penalties for offenses. [Added 7-11-
1990 by Ord. No. 90-6; amended 3-6-1991 by Ord. No. 91-8]
B. The violation of this section shall be a violation and
shall be punishable by a fine not greater than two hundred fifty
dollars ($250.) and/or not more than fifteen (15) days in jail,
and not less than one hundred dollars ($100) or twenty five (25)
hours of community service, provided that a person who violates
this section after having been convicted of a violation of this
section within the preceding three (3) years shall be punishable
by a fine not greater than three hundred fifty dollars ($350.)
and/or not more than fifteen (15) days in jail, and not less
than one hundred dollars ($100) or twenty five (25) hours of
community service, and further provided that a person who
violates this section after having been convicted two (2) or
more times of a violation of this section within the preceding
three (3) years shall be punishable by a fine not greater than
five hundred dollars ($500.) and/or not more than fifteen (15)
days in jail, and not less than one hundred dollars ($100) or
twenty five (25) hours of community service.
§ 250-4. Interfering with or damaging property.
A. Property generally. No person shall willfully and
maliciously injure or deface in any way property, public or
private, whether a building, fence, tree, shrubbery, ornament or
other thing.
B. Monuments. No person shall deface, displace, remove or in
any manner injure or destroy any monument in the city cemetery
or any other public place within the city.
C. Street barriers, danger lights and parking signs. No person
shall, without authority, remove or interfere with barriers
which may be erected upon the streets or public places of the
city or any danger lights which may be used in connection with
such barriers or with any parking signs or other devices placed
in a public place for the direction and guidance of public
traffic.
§ 250-10.EN Penalties for offenses. [Amended 8-5-1992 by L.L.
No. 3-1992]
Except as otherwise provided in this chapter or the Penal Law,
any person who shall violate any provision of this chapter shall
be punished as provided in Chapter 1, General Provisions, Art.
I, Penalties.
§ 1-1. Penalties for offenses. [Amended 9-1-1993 by Ord. No. 93-
17]
A. Unless a different penalty is specified, violations of the
provisions of this Code shall be punishable by a fine of not
more than two hundred fifty dollars ($250.) or imprisonment for
a term of not more than fifteen (15) days, or both, and not
less than one hundred dollars ($100) or twenty five (25) hours
of community service. For the purpose of determining the
appropriate fine, each day on which the violation continues to
April 1, 1998
24
exist shall be considered a separate offense. In no case shall a
term of imprisonment exceeding fifteen (15) days be imposed as a
penalty for violations of this Code, no matter how many days of
violation are charged, unless, by separate Code section, the
violation has been classified as a misdemeanor.
Effective Date. This Chapter shall take effect immediately and
in accordance with law upon publication of notice as provided in
the Ithaca City Charter.
Carried Unanimously
19.4 City Attorney – Request to Reclassify Legal Assistant
Position to Legal Associate, Stage 1 - Resolution
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS the City Attorney’s Office is in need of additional
skill and expertise that can only be provided by persons with a
law degree, and
WHEREAS the City Attorney’s office is in need of another
Attorney who can perform tasks with such skill and expertise,
and
WHEREAS the last two incumbents of the position of Legal
Assistant have had law degrees and have performed at the level
of a person with a law degree; now, therefore be it
RESOLVED, That the personnel roster for the City Attorney’s
office is hereby amended as follows:
Delete one legal assistant position
Add one legal associate position
And be it further
RESOLVED, That the position of legal associate be designated as
a managerial position and assigned to the managerial
compensation plan with a two-tiered salary range of $25,000.00
to $30,000.00 before the employee is admitted to the New York
State Bar, and $30,000.00 to $35,000.00 after the employee is
admitted to the New York State Bar, and be it further
RESOLVED, That the changes in the personnel roster shall take
effect upon approval by the Civil Service Commission of the City
of Ithaca, and be it further
RESOLVED, That the employee shall be admitted to the New York
State Bar within two years of permanent appointment to the
position of legal associate.
Carried Unanimously
19.4a City Attorney – Request Funds for Staff Development –
Resolution
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the City Attorney’s office is in need of an additional
employee who has been admitted to the New York State Bar, and
WHEREAS, the position of Legal Assistant has been reclassified
to Legal Associate, and
April 1, 1998
25
WHEREAS, the staff development line is insufficient to cover the
cost of the Legal Assistant taking a Bar Review Course, and
WHEREAS the City Attorney’s office is in need of additional
funding in the staff development line in order to enable the
current Legal Assistant take the Bar Review Course; now,
therefore be it
RESOLVED, That the sum of $1,225.00 shall be transferred from A
1990, the Unrestricted Contingency Account into A1420-5440 , the
Staff Development Account of the City Attorney’s office, and, be
it further
RESOLVED, That the employee shall enter a written agreement with
the City of Ithaca which provides that in the event the employee
leaves employment of the City of Ithaca within two years of
payment of the cost of the Bar Review Course by the City, said
employee shall refund the total amount of $1,725.00 to the City
of Ithaca.
Amending Resolution
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
RESOLVED, That an additional resolved clause be added to read as
follows: “RESOLVED, that the two year period shall be exclusive
of extended leave time not covered by accrued sick days,
vacation, holiday, and personal days”.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
19.4b City Attorney – Request Funds for Legal Services –
Resolution
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS the City of Ithaca is in the process of petitioning for
an H-1B visa for the Legal Assistant in the City Attorney’s
office, and
WHEREAS the City Attorney’s office is in need of expert legal
advice on the completion of the petition and meeting all
requirements of the Immigration and Naturalization Service; now,
therefore, be it
RESOLVED, That the sum of $500 be transferred from the
Unrestricted Contingency Account, A1990, to Professional
Services Account.
Carried Unanimously
19.5 Police Department - Request Approval of One Year Evaluation
Period for the New K-9 Program
By Alderperson Marcham : Seconded by Alderperson Taylor
RESOLVED, That the K-9 Program be hereby approved for a period
of one year, with a report and program evaluation to be
presented for consideration in June, 1999.
Ayes (9) Shenk, Manos, Farrell, Gray,
Blumenthal, Vaughan, Marcham
Taylor, Spielholz
Nays (1) Sams
Carried
April 1, 1998
26
19.7 Youth Bureau - Request to Amend Capital Project #363 Alex
Haley Pool Improvements
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, the actual cost of improvements authorized by Capital
Project #363 have been completed well within initial project
estimates, and
WHEREAS, the several original project components, which had been
deleted in the interest of reducing the overall cost of the
approved project, can now be completed within the $16,000
project authorization; now, therefore, be it
RESOLVED, That the portable water slide and coin lockers be
added to the authorized improvements within Capital Project #363
Alex Haley Pool Improvements.
Carried Unanimously
19.8 DPW - Approval of Bridge Systems Engineer Position
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
this 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 funding required by the ISTEA program,
and
WHEREAS, the Civil Service Commission and the Budget and
Administration Committee have designated the position of Bridge
Systems Engineer as a permanent, full time position; now,
therefore, be it
RESOLVED, That Common Council approves the Board of Public Works
recommendation to add a permanent, full time Bridge Systems
Engineer to the City Engineer's Office roster for the period of
planning and construction of the referenced projects, and be it
further
RESOLVED, That Common Council accepts the Board of Public Works
recommendation to provisionally appoint Richard Brennan to the
position of Bridge Systems Engineer at a salary of $39,300.
Carried Unanimously
April 1, 1998
27
19.9 DPW - Authorization for DOT Funding Agreement - Giles
Street Bridge
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, a Project for the replacement of the GILES STREET
BRIDGE, B.I.N. 2210470, P.I.N. 375248, T.I.P. 94-10 for $857,000
("the Project") is eligible for funding under Title 23 U.S. Code
as administered by the Federal Highway Administration ("FHWA"),
as amended, that calls for the apportionment of the costs such
program to be borne at the ratio of 80% Federal funds and 20%
non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by
making a commitment of 100% of the non-federal share of the
costs of Scoping and Design (Phases I-VI), and
WHEREAS, the Board of Public Works is responsible for the
operation and maintenance of city streets and bridges as well as
city capital construction as charged by the City Charter, and
WHEREAS, Common Council authorized Capital Project 265 in 1993
for reconstruction of the Giles Street Bridge which must be
reauthorized in order to undertake the project and to provide
the state and federal government proof that the City is
authorized to front monies required to start the project, up to
the full project authorization, to cover the cost of change
orders and any authorized scope change required to complete the
project; now, therefore, be it
RESOLVED, That Common Council reauthorize Capital Project 265 in
the amount of $875,000 as requested by the Board of Public
Works, and be it further
RESOLVED, That the Mayor be authorized to sign all necessary
Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid
on behalf of the City of Ithaca and the Superintendent be
authorized to sign all necessary construction documents,
contracts, certifications and reimbursement requests, and be it
further
RESOLVED, That this project be undertaken with the understanding
that the final cost to the City will be roughly five percent
(5%) of the final approved project cost, currently estimated at
$43,000 of the $857,000 authorized for the project, in monies
and in-kind services as managed by the Superintendent and
monitored by the City Controller.
Carried Unanimously
April 1, 1998
28
19.10 DPW - Authorization for DOT Funding Agreement - Linn
Street Bridge
By Alderperson Marcham: Seconded by Alderperson Farrell
WHEREAS, a Project for the replacement of the LINN STREET
BRIDGE, B.I.N. 2210560, P.I.N. 375236, T.I.P. 94-10 for $788,000
("the Project") is eligible for funding under Title 23 U.S. Code
as administered by the Federal Highway Administration ("FHWA"),
as amended, that calls for the apportionment of the costs such
program to be borne at the ratio of 80% Federal funds and 20%
non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by
making a commitment of 100% of the non-federal share of the
costs of Scoping and Design (Phases I-VI), and
WHEREAS, the Board of Public Works is responsible for the
operation and maintenance of city streets and bridges as well as
city capital construction as charged by the City Charter, and
WHEREAS, Common Council authorized Capital Project 280 in 1994-5
for reconstruction of the Linn Street Bridge which must be
reauthorized in order to undertake the project and to provide
the state and federal government proof that the City is
authorized to front monies required to start the project, up to
the full project authorization, to cover the cost of change
orders and any authorized scope change required to complete the
project; now, therefore, be it
RESOLVED, That Common Council reauthorizes Capital Project 280
in the amount of $788,000 as requested by the Board of Public
Works, and be it further
RESOLVED, That the Mayor be authorized to sign all necessary
Agreements with NYSDOT to secure Federal Aid and Marchiselli Aid
on behalf of the City of Ithaca and the Superintendent be
authorized to sign all necessary construction documents,
contracts, certifications and reimbursement requests, and be it
further
RESOLVED, That this project be undertaken with the understanding
that the final cost to the City will be roughly five percent
(5%) of the final approved project cost, currently estimated at
$39,500 of the $788,000 authorized for the project, in monies
and in-kind services as managed by the Superintendent and
monitored by the City Controller.
Carried Unanimously
April 1, 1998
29
NEW BUSINESS:
Vacancy Review Board
By Alderperson Gray : Seconded by Alderperson Shenk
RESOLVED, That Jane Marcham and Joan Spielholz be nominated to
serve on the Vacancy Review Board with a term to expire
December 31, 1998.
Carried Unanimously
UNFINISHED BUSINESS:
Alderperson Taylor reminded Common Council that the County and
City were to discuss the parking situation at the Ithaca Fire
Department. The Mayor will schedule this meeting. Alderperson
Taylor, Fire Chief Wilbur, and Mayor Cohen will represent the
City during these discussions.
EXECUTIVE SESSION:
By Alderperson Vaughan : Seconded to Alderperson Sams
RESOLVED, That Common Council adjourns into Executive Session to
discuss the employment history of an employee in the Attorney’s
Office.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no action
being taken.
RESOLUTION
By Alderperson Shenk: Seconded by Alderperson Gray
RESOLVED, That an amount not to exceed $7,650 be transferred
from the Unrestricted Contingency account A1990 to account
A1420-5430 Attorney Fees, for the purposes of extending the
contract for additional hours of outside attorney assistance.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:20 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor