HomeMy WebLinkAboutMN-CC-1998-05-06 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. May 6, 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
Community Development Planner – Bohn
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Alderperson Blumenthal requested the deletion of Item 17.9 –
Brownfields Report. Alderperson Blumenthal stated she has a
substitute resolution for Item 17.1 – Southwest Area Land Use
Study – Determination of Environmental Significance.
Alderperson Marcham requested the deletion of Item 18.2 –
Direction to BPW on Residential Parking Permit System Fee
Structure, and the addition of Item 18.16 – Executive Session –
Personnel Item.
Mayor Cohen stated that under New Business he will be reporting
on the City Prosecutor’s Office.
No Council member objected.
SPECIAL ORDER OF BUSINES:
2.1 Southwest Area Land Use Study – Public Hearing
By Alderperson Manos : Seconded by Alderperson Taylor
RESOLVED, That the Public Hearing on the Southwest Area Land use
Study be declared open.
Carried Unanimously
Alderperson Blumenthal clarified that the Southwest Area Land
Use Study addendum has been modified since the previous public
comment sessions; the right-of-way for the east/west connector
road terminates at the Flood Control Channel and will not
connect to West Hill. The City’s study will only include land
situated within the City of Ithaca.
Mayor Cohen set the ground rules for all public speakers.
The following people spoke in favor of the Southwest Area Land
Use Study as proposed:
Linda Daybell – Tompkins County Chamber of Commerce
Renata Ballard, City of Ithaca
Robert Lama, City of Ithaca
May 6, 1998
Richard Charsky, Town of Ithaca
Mick LoPinto, City of Ithaca
Herman Sieverding, City of Ithaca
Joel Harlan, Town of Dryden
The following people spoke in opposition to the recommendation
in the Southwest Area Land Use Study which proposes changes in
Southwest Park use from mixed use to commercial use only:
Doria Higgins, Town of Ithaca
Ed Franquemont, City of Ithaca
Daniel Hoffman, City of Ithaca
Margot Brinn, City of Ithaca
Dan Klein, Town of Danby
Diane Olden, Town of Danby
Ivette Puerta, Town of Ithaca
Tom Kavectner, Town of Enfield
Guy Gerard, City of Ithaca
The following people addressed additional concerns related to
the Southwest Area Land Use Study such as increased traffic
flows, impact on surrounding neighborhoods, the need for
development, lack of public notification and information, and
the fast pace that has been established in approving this study:
Will Burbank, Town of Ithaca
Nancy Pringle, City of Ithaca
Neil Oolie, City of Ithaca
Fay Gougakis, City of Ithaca
Marty Blodgett, City of Ithaca
Tony Delplato, Town of Ithaca
Resolution to Close Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Farrell
RESOLVED, That the Public Hearing on the Southwest Area Land Use
Plan be declared closed.
Carried Unanimously
2.2 An Ordinance Amending Sections 325-3B and 325-2- C (1) (j)
of Chapter 325 of the City of Ithaca Municipal Code Entitled
“Zoning” Regulating Parking on Private Property – Public Hearing
Resolution to Open Public Hearing
By Alderperson Gray : Seconded by Alderperson Spielholz
RESOLVED, That the Public Hearing to consider an Ordinance
Amending Sections 325-3B and 325-2- C (1) (j) of Chapter 325 of
the City of Ithaca Municipal Code Entitled “Zoning” Regulating
Parking on Private Property be declared open.
Carried Unanimously
No one appeared to speak.
Resolution to Close Public Hearing
By Alderperson Vaughan : Seconded by Alderperson Farrell
RESOLVED, That the Ordinance Amending Sections 325-3B and
325-2- C (1) (j) of Chapter 325 of the City of Ithaca Municipal
Code Entitled “Zoning” Regulating Parking on Private Property be
declared closed.
Carried Unanimously
May 6, 1998
2.3 An Ordinance Amending Chapter 290 Entitled “Subdivision of
Land” of the City of Ithaca Municipal Code – Public Hearing
Resolution to Open Public Hearing
By Alderperson Spielholz : Seconded by Alderperson Marcham
RESOLVED, That the Public Hearing to consider an Ordinance
Amending Chapter 290 Entitled “Subdivision of Land” of the City
of Ithaca Municipal Code be declared open.
Carried Unanimously
No one appeared to speak.
Resolution to Close Public Hearing
By Alderperson Manos : Seconded by Alderperson Marcham
RESOLVED, That the Public Hearing to consider an Ordinance
Amending Chapter 290 Entitled “Subdivision of Land” of the City
of Ithaca Municipal Code be declared closed.
Carried Unanimously
2.4 Zoning Amendment MH1-B5 – Public Hearing
Resolution to Open Public Hearing
By Alderperson Vaughan : Seconded by Alderperson Blumenthal
RESOLVED, That the Public Hearing on the Zoning Amendment MH1 -
B5 be declared open.
Carried Unanimously
No one appeared to speak.
Resolution to Close Public Hearing
By Alderperson Manos : Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing on the Zoning Amendment MH1 -
B5 be declared closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Blumenthal and Vaughan presented the Youth Award
to Michelle Gonzalez, a fourth grader at the Belle Sherman
School. Michelle is the only child volunteer in the local Read-
About Program and has been reading in this capacity since
February 1997. She currently reads weekly to a first grade
class at Belle Sherman, at the Southside Community Center, and
at the Courtside Racquet Club. This summer she will read every
week at the Tuesday Farmer’s Market in DeWitt Park. Michelle
has been heavily involved in other reading activities which
greatly enrich the Ithaca community.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Steven Ehrhardt, City of Ithaca, Board of Public Works Traffic
Committee, thanked the IURA for not selling 402 Cayuga Street,
and urged Council to approve a capital project to reduce traffic
crises in neighborhoods.
John Beach, City of Ithaca, spoke regarding increased traffic
volume in the South Albany Street area, and in favor of
retaining the property at 402 S. Cayuga Street.
Theresa Alt, Wayles Browne, Thomas Beers, City of Ithaca, spoke
in opposition to the proposed Residential Parking Permit System.
Mai Jesperson, City of Ithaca, spoke regarding the need for bike
lanes in the City.
May 6, 1998
Guy Gerard, City of Ithaca, questioned the number of unanimous
votes of Council on several issues without lengthy discussion.
Keith McNeil, City of Ithaca, spoke in opposition to the
Mecklenburg Housing Project and the negligence of City staff in
protecting the interests of West Hill residents.
Ernest Blake, Town of Ithaca, addressed Council to suggest ways
of using the vacant space on the Commons, he also spoke in
support of Inlet Island development, and suggested using large
parking lots for vehicles during snow emergencies.
Neil Oolie, City of Ithaca, requested that Council find an
additional site for public hearings when a large crowd is
expected, and spoke in opposition of speaking time limits.
Fay Goughakis, City of Ithaca, spoke regarding potholes in the
streets, traffic on Aurora Street and the West End, the Ithaca
Police Department, Lake Source Cooling, Inlet Island and
Southwest Park.
RESPONSE TO THE PUBLIC:
Alderperson Blumenthal responded to comments by Dan Klein
regarding the Planning Board, and Marty Blodgett regarding
traffic on Spencer Road and South Albany Street traffic
mitigation.
Alderperson Gray responded to comments by Guy Gerard regarding
the Planning Committee’s vote.
Alderperson Shenk responded to John Beach’s comments regarding
South Albany Street traffic.
Alderperson Vaughan responded to comments regarding the
Residential Parking Permit Plan.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Blumenthal reported that a Public Information
Session on the proposed West End Urban Design Plan will be held
May 18, 1998 at 7:30 pm in Council Chambers.
Alderperson Shenk read a letter of support regarding a TCAT
Board Appointment for a non-voting member.
11.1 Appointments to the City of Ithaca Board of Assessment
Review
By Alderperson Sams : Seconded by Alderperson Blumenthal
RESOLVED, That Alderperson Farrell and Mayor Cohen be appointed
to serve on the City of Ithaca Board of Assessment Review for
1998.
Carried Unanimously
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Vice-Chair Ehrhardt reported on the following matters:
The Board approved the Ithaca Festival Contract, and authorized
the Superintendent to handle future Ithaca Festival contracts
administratively.
May 6, 1998
The Board approved a request for the Boy Scouts to use DeWitt
Park for four hours on May 9, 1998. The Board further requested
that the Mayor and Superintendent contact the Presbyterian
Church to clarify the agreement between the City and the church.
The Board approved the installation of parking barriers on Eddy
Street near the Buffalo Street intersection to maintain
visibility at that intersection.
Conservation Advisory Council
Guy Gerard noted that the Conservation Advisory Council was not
given enough time to comment on the Amendment to the Subdivision
Ordinance that is scheduled for consideration tonight. He
requested that the Conservation Advisory Council be given
additional notice in the future to comment on such issues.
REPORT OF THE CITY ATTORNEY:
City Attorney Geldenhuys reported on an Article 78 Proceeding
filed by Ching Po regarding property at 317 Dryden Road,
relating to occupancy issues. This matter is scheduled to go to
court in June.
The City has been served another lawsuit in the Storrs vs. City
Clerk case regarding the issuance of marriage licenses to same
sex couples. The Department of Health has been named as a party
in this action.
RECESS:
Common Council recessed at 9:10 P.M.
RECONVENE:
Common Council reconvened into regular session at 9:20 P.M.
16. CONSENT AGENDA ITEMS:
Budget and Administration Committee:
16.1 Police Department - Request to Amend Personnel Roster for
Senior Typist
By Alderperson Gray : Seconded by Alderperson Sams
WHEREAS, the Police Chief is recommending that a Senior Typist
position be established for the promotion of a department typist
to reflect the employee's qualifications and actual duties; now,
therefore, be it
RESOLVED, That the 1998 Authorized Police Department Personnel
Roster be amended as follows:
Add: One (1) Senior Typist (40 hours)
Delete: One (1) Typist (40 hours)
and be it further
RESOLVED, That the Senior Typist position be established at a 1998
annual salary of $16,994, that being Grade 7 of the 1998 CSEA
Administrative Unit, and be it further
RESOLVED, That Audrey Fields be appointed to said Senior Typist
position, effective May 2, 1998, and be it further
May 6, 1998
RESOLVED, That the funds needed for said promotion shall be
derived from the existing 1998 Police Department Budget.
Carried Unanimously
16.2 DPW - Water and Sewer Division - Amendment of Personnel
Roster
By Alderperson Gray : Seconded by Alderperson Sams
RESOLVED, That the Personnel Roster of the Water and Sewer
Division of the Department of Public Works be amended as follows:
Add: One (1) Water Quality Analyst (Grade 12)
Delete: One (1) Laboratory Technician (Grade 7)
and be it further
RESOLVED, That the position of Water Quality Analyst be assigned
to the CSEA Administrative Unit at salary grade 12.
Carried Unanimously
16.3 Chamberlain - Request to Approve Correction to 1998 City Tax
Roll
By Alderperson Gray : Seconded by Alderperson Sams
WHEREAS, pursuant to Section 554 of the Real Property Tax Law, the
Director of Assessment has investigated an application for the
correction of an error in essential fact filed by Steven
Hertzberg, and
WHEREAS, the investigation revealed that, due to a split, the
parcel identified as Elm Street, tax map number 76.-1-2.2, no
longer exists as one parcel; now, therefore, be it
RESOLVED, That the 1998 Tax Roll for the City of Ithaca be amended
to delete the parcel identified as map number 76.-1-2.2, and be it
further
RESOLVED, That the City Chamberlain be authorized and directed to
make the appropriate refund and changes.
Carried Unanimously
16.4 Chamberlain - Request Salary Adjustments for Acting
Chamberlain
By Alderperson Gray : Seconded by Alderperson Sams
WHEREAS, City Chamberlain Debra Parsons will be on vacation for a
period of 8 weeks, from June 12 through August 9; now, therefore,
be it
RESOLVED, That Joyce Day, currently the Office Manager in the
Chamberlain's Office, be temporarily appointed to the position of
Deputy City Chamberlain for a period of eight (8) weeks, at an
annual salary of $42,483, which represents an increase of 8%, and
is consistent with out-of-title provisions of the current CSEA
Administrative Unit Contract, and be it further
RESOLVED, That funds necessary for said temporary amendment shall
be derived within the existing 1998 Chamberlain Budget.
Carried Unanimously
May 6, 1998
16.5 Youth Bureau - Request to Amend 1998 Youth Bureau Budget
By Alderperson Gray : Seconded by Alderperson Sams
WHEREAS, the Ithaca United Soccer League wants to contract with
the City in 1998 to provide field maintenance/lining and set up
for the soccer fields at Cass Park; now, therefore, be it
RESOLVED, That the 1998 Youth Bureau Budget be amended as follows:
Increase Revenue Account:
A7310-2410-1517 Rental of Real Property $2,703
Increase Appropriation Accounts:
A7310-5120-1517 Hourly P/T 1,550
A7310-5483-1517 Construction Supply 1,024
A7310-9030-1517 Social Security 129
Carried Unanimously
16.6 Youth Bureau - Request Temporary Amendment to Personnel
Roster
By Alderperson Gray : Seconded by Alderperson Sams
WHEREAS, Common Council approved, at its November, 1997 meeting, a
partial leave of absence for a Youth Employment Service Youth
Worker to May, 1998, and
WHEREAS, the employee has requested an extension to December 31,
1998, which will not significantly impact the Youth Bureau staff
levels; now, therefore, be it
RESOLVED, That based on a request initiated by the employee
involved, the 1998 Authorized Youth Bureau Personnel Roster is
hereby temporarily amended by reducing the full-time position of
Youth Worker (YES Program) from 35 hours to 28 hours per week from
May 1, 1998 to December 31, 1998.
Carried Unanimously
16.7 Youth Bureau - Request to Amend 1998 Youth Development Budget
By Alderperson Gray : Seconded by Alderperson Sams
WHEREAS, as a result of a voluntary reduction in hours through the
end of 1998, the need to shift salary funds within accounts is
needed; now, therefore, be it
RESOLVED, That the 1998 Youth Development Budget be amended as
follows:
Increase Appropriation Account:
A7310-5120-1202 Hourly P/T $2,958.00
Decrease Appropriation Account:
A7310-5110-1202 Staff Salary $2,958.00
Carried Unanimously
May 6, 1998
REGULAR AGENDA ITEMS:
Planning and Economic Development Committee:
17.1 Southwest Area Land Use Study – Determination of
Environmental Significance
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, in January 1992, Common Council passed a resolution
directing the Mayor and Common Council to establish the
Southwest Park Land Use Study Committee with the charge of the
Committee to recommend to Common Council a preliminary land use
plan for Southwest Park, and
WHEREAS, the Committee, formed in February 1992, extended its
charge to include all that part of the City lying south of
Clinton Street, bounded on the west by the Flood Control Channel
and the City line, and on the east and south by Meadow Street
and Elmira Road, and
WHEREAS, the Committee correspondingly changed its name to the
Southwest Area Land Use Committee, and completed the Southwest
Area Land Use Study in September, 1994, and
WHEREAS, in response to new information gathered since the 1994
Study was published, an addendum was prepared to update the
report and reflect the new information, and
WHEREAS, this Common Council has reviewed the Addendum, has
recommended revisions, and accepts the Addendum dated May 6,
1998, with those revisions as part of the Southwest Area Land
Use Study, and
WHEREAS, this Common Council, in considering adoption of the
Southwest Area Land Use Study as part of the City’s
Comprehensive Plan, recommends that the name of the Southwest
Area Land Use Study be changed to the Southwest Area Land Use
Plan, and
WHEREAS, the action necessary to adopt the Southwest Area Land
Use Plan is a Type I Action under both the City Environmental
Quality Review Ordinance (CEQRO) and the State Environmental
Quality Review Act (SEQRA); and a Long Environmental Assessment
Form including Parts I, II, and III has been completed and
reviewed by appropriate City staff and agencies, and
WHEREAS, potentially large environmental impacts, in the areas
of impact on land, impact on visual resources, impacts on
drainage, impacts on air quality, and impacts on traffic, have
been identified through this process, and
WHEREAS, the City of Ithaca Conservation Advisory Council has
recommended a positive declaration of adverse environmental
impacts and has further recommended that a Generic Environmental
Impact Statement be prepared, 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
Parts I, II, and III, and be it further
May 6, 1998
RESOLVED, that this Common Council, as lead agency, hereby
determines that the proposed action may have one or more
significant environmental impacts, that a Positive Declaration
of Environment Impact be issued, and that a Generic
Environmental Impact Statement be prepared, and be it further
RESOLVED, that this resolution constitutes notice of this
Positive Declaration of Environmental Significance 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.
Alderperson Blumenthal noted that as a result of numerous public
comments from a public information session and two public hearings
an expanded addendum to the Southwest Area Land Use Study has been
prepared which includes the revisions to the east/west connector
road, how increased traffic flows may be addressed, and the
aesthetic impacts on the area. She further discussed the issues
regarding conducting the GEIS. Alderperson Blumenthal explained
that Common Council will be the lead agency in this project. An
RFQ (Request for Qualifications) will be completed to hire a
consultant to conduct the scoping document. A capital project
will be needed to fund the study, but the costs will be recouped
through future development.
Extensive discussion followed on the floor regarding proposed
amendments to the May 6, 1998 addendum, the make-up of the Urban
Design Study Group, and the opportunities available for public
input throughout the process.
A vote on the Resolution resulted as follows:
Carried Unanimously
17.1A Planning Department – Southwest Area Land Use Plan
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
RESOLVED, That Common Council hereby establishes Capital Project
#367 Southwest Area Land Use Planning and Environmental Statements
in an amount not to exceed $12,000 for the purposes of funding
costs associated with the Southwest Area Land Use Plan including
planning and environmental statements, and be it further
RESOLVED, That said funds shall be advanced from the General Fund
and repaid upon final cost determination of the Southwest Area
Land Use Environmental Impact Statement by the issuance of Serial
Bonds, and be it further
RESOLVED, That the Mayor is authorized to sign contract.
Carried Unanimously
May 6, 1998
17.2 Residential Parking Permit System – Determination of
Environmental Significance - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Gray
WHEREAS, the City of Ithaca is proposing the adoption of an
ordinance establishing a Resident Parking Permit System pursuant
to New York State Vehicle and Traffic Law Section 1640-e, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a Short Environmental Assessment
Form (SEAF), and
WHEREAS, the proposed action is an unlisted action under the
City Environmental Quality Review Act (CEQR Sec. 176-12B), and
WHEREAS, that the Common Council of the City of Ithaca, acting
as Lead Agency, has reviewed the SEAF, submitted by the
applicant, dated 4/14/98, prepared by the City of Ithaca
Planning Staff, and supplemental information, and has determined
that the proposed ordinance adoption will not have a significant
effect on the environmental; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own, the finding and conclusions
more fully set forth on the Short Environmental Assessment Form,
and, be it further
RESOLVED, that this Common Council, as lead agency in this
matter, hereby determines that the proposed action at issue will
not have a significant effect on the environment, and that
further environmental review is unnecessary, 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
17.3 An Ordinance Adding a New Chapter to the City of Ithaca
Municipal Code Entitled “Residential Parking Permit System”
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
AN ORDINANCE ADDING A NEW CHAPTER _____ TO THE MUNICIPAL CODE OF
THE CITY OF ITHACA, ENTITLED ARESIDENTIAL PARKING PERMIT SYSTEM.
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
___ entitled RESIDENTIAL PARKING PERMIT SYSTEM is hereby added
to the City of Ithaca Municipal Code to read as follows:
Section 1. Declaration of Legislative Findings and Purpose
The Common Council finds that:
(a) There has been a lack of parking for residents of the
neighborhoods surrounding Cornell University in the City of
Ithaca.
(b) The streets in residential areas have been used for
daily long-term parking by commuters to Cornell University.
May 6, 1998
(c) A study of existing parking demand and zoning
ordinance parking requirements showed that a substantial number
of commuters park in the residential neighborhoods surrounding
Cornell University every day.
(d) The use of streets in the residential neighborhoods
for commuter parking has resulted in noise, air pollution,
litter, traffic congestion, traffic hazards, and hazards to
residents and other pedestrians, and severely diminishes the
amount of parking space available to residents of the
residential neighborhoods.
(e) The establishment of a residential parking permit
system in the neighborhoods surrounding Cornell University is
necessary in order to preserve the character of the
neighborhoods by reducing neighborhood noise, litter and air
pollution; improving access to dwelling units and parking for
residents; improving the efficiency of city services such as
street maintenance, snow plowing, street-sweeping, garbage
collection and the movement of emergency vehicles; and reducing
hazardous traffic conditions and congestion in order to provide
for the health, safety, peace, good order and comfort of the
residents of the neighborhood.
(f) This residential parking permit system is adopted
pursuant to section 1640-e of the Vehicle and Traffic Law.
Section 2. Definition of terms. For the purposes of this
chapter, the following definitions of terms shall be
controlling:
(a) Commuter: A person who does not live in the
residential parking permit area, but parks in the area and whose
destination is outside the area.
(b) Resident: A homeowner or tenant residing in a dwelling
unit in the residential parking permit area in the R-1a, R-1b,
R-2a, or R-2b zones of the City of Ithaca as established in
section 325-4 of the Municipal Code of the City of Ithaca.
(c) Residential parking permit zone: The area bounded by
the following roadways and corporate boundaries:
(i) East State Street from Cornell Street to
Giles Street;
(ii) Giles Street to Water Street;
(iii) Water Street to East State Street;
(iv) East State Street from Water Street to
Seneca Way;
(v) Seneca Way from East State Street to East
Seneca Street;
(vi) East Seneca Street from Seneca Way to Parker
Street;
(vii) Parker Street to Terrace Place;
(viii) Terrace Place to Linn Street;
(ix) Linn Street from East Court Street to
University Avenue;
(x) University Avenue from Linn Street to
Willard Way;
(xi) Willard Way from University Avenue to
Stewart Avenue;
(xii) Stewart Avenue from Willard Way to the
corporate boundary between the City of Ithaca and
the village of Cayuga Heights;
(xiii) following the corporate boundary between the City
of Ithaca and the village of Cayuga Heights east
May 6, 1998
to the corporate boundary between the City of
Ithaca and the town of Ithaca;
(xiv) following the corporate boundary between the City
of Ithaca and the town of Ithaca south to East
State Street; and
(xv) East State Street from the corporate boundary to
Giles Street;
and consisting of the following roadways:
(i) Treva Avenue west of Water Street;
(ii) Valentine Place south of East State Street;
(iii) Quarry Street south of East State Street;
(iv) Ferris Place south of East State Street;
(v) Linn Street north of Terrace Place to Farm
Street;
(vi) Lake Street north of University Avenue to
the north property line of tax map parcel
28-4-7; and
(vii) Willard Way and Willard Way Loop north of
University Avenue.
(d) Residential parking permit area: A sub-area of the
residential parking permit zone. Only the portions of the area
which are zoned as R-1 and R-2 districts (as established by
Article II of Chapter 325 of the Municipal Code of the City of
Ithaca) will be included in the area.
(e) Employee: An employee of the Belle Sherman Elementary
School.
Section 3.
(a) The Board of Public Works of the City of Ithaca may
designate residential parking permit areas in accordance with
this Chapter. Such areas shall be designated only within the
residential parking permit zone, and shall exclude any streets
located within the boundaries of the Cornell University Campus.
(b)The Board of Public Works shall establish rules and
regulations for the designation of residential parking permit
areas and the issuance and use of residential parking permits
and employee parking permits.
(c) Permit requirements established pursuant to this
section shall be in effect during all or a portion of the
following times: From Monday to Friday between 9:00 a.m. and
5:00 p.m.
(d) No less than twenty percent of the parking spaces
within the resident parking permit zone shall be available to
nonresidents.
(e) Short term parking of no less than one hundred and
twenty minutes in duration shall be available in the residential
parking permit zone.
(f) The fee for a residential parking permit or an employee
parking permit shall be $45.00 per year. All such fees shall be
credited to the general fund of the city.
Section 4. Exemptions.
(a) Motor vehicles registered pursuant to section 404-a of
the Vehicle and Traffic law shall be exempt from any permit
requirement establish pursuant to this Chapter.
(b) A resident may apply to the Building Commissioner of
the City of Ithaca for a permit not otherwise available pursuant
to the rules and regulations established by the Board of Public
Works in the following circumstances:
May 6, 1998
1. Where a home health care provider provides home health
care to a resident and regularly drives to the residents home.
2. Where a resident has a short-term health emergency.
3. Where residents living on street without on-street
parking wish to purchase a permit for on-street parking on a
street where permits are required.
4. Such other instances of hardship (excluding self-
created hardship) as the building commissioner in his discretion
determines sufficient for issuance of additional residential
parking permits.
Section 5. Violations and Penalties.
(a) No person shall park a vehicle nor allow a vehicle to
be parked in an area which has been designated a residential
parking permit area by the Board of Public Works, and at times
when parking is prohibited in such residential parking permit
area pursuant to regulations established by the Board of Public
Works, unless the vehicle shall have affixed to the bottom rear
corner of the passenger window on the drivers side of the
vehicle a valid residential parking permit or employee parking
permit, or unless said vehicle is registered in accordance with
section 404-a of the Vehicle and Traffic Law and the vehicle is
being used for the transportation of a disabled person.
Violation of this section shall be punishable by a fine of $15.0
(fifteen dollars.)
(b) No resident of a residential parking permit area
designated by the Board of Public Works shall permit a non-
resident to use a residential parking permit issued to a
resident, or aid a non-resident in any way in obtaining a
resident parking permit. Violation of the terms of this section
shall be punishable by a fine not to exceed $250.00 and/or
suspension of residential parking permit privileges for a period
not to exceed twelve (12) months.
Section 5. 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 Blumenthal noted that many comments were made at the
Public Hearing regarding the $45. Permit fee and proposed the
following Amendment:
Amending Resolution
By Alderperson Blumenthal : Seconded by Alderperson Sams
RESOLVED, That the fee for a Residential Parking Permit be
established at $25.00.
Discussion followed on the floor regarding the implementation
costs of the program including signage, permits and
administration.
Amendment to the Amending Resolution
By Mayor Cohen : Seconded by Alderperson Vaughan
RESOLVED, That the fee for a Residential Parking Permit be a
$45.00 initial fee and a $20.00 per year renewal fee.
May 6, 1998
Further discussion followed on the floor with Alderperson Farrell
and Gray speaking in opposition to the Amendment as it is unclear
how many neighborhoods will join the system initially, so making
funding decisions for future years is difficult.
Mayor Cohen, with the approval of Alderperson Vaughan, withdrew
the Amendment to the Amending Resolution.
A vote on the original Amending Resolution resulted as follows:
Ayes (3) Spielholz, Sams, Blumenthal
Nays (7) Vaughan, Farrell, Manos, Shenk,
Gray, Marcham, Taylor
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (9) Shenk, Manos, Sams, Farrell,
Blumenthal, Vaughan, Marcham,
Spielholz, Gray
Nays (1) Taylor
Carried
17.4 An Ordinance Amending Sections 325-3B and 325-20 C(1) (j) of
Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”
Regulating Parking on Private Property – Declaration of No
Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
WHEREAS, an Ordinance amending section 325-3.B. and
“Definitions," and adding subsection 325-20.C.(1)(j)to the
“General Requirements” of the Off-street Parking regulations of
Chapter 325 of the City of Ithaca Municipal Code has been
submitted to Common Council for consideration, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted,
and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca as lead
agency in this matter, hereby does adopt as its own the findings
and conclusions more fully set forth on the Short Environmental
Assessment Form dated March 27, 1997 and be it further
RESOLVED, That Common Council of the City of Ithaca as lead
agency, hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
May 6, 1998
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
17.5 An Ordinance Amending Section 325-3B and 325-20 C(1) (j) of
Chapter 325 of the city of Ithaca Municipal Code Entitled “Zoning”
Regulating Parking on Private Property
By Alderperson Blumenthal: Seconded by Alderperson Taylor
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 or parking lots meeting the
general standards for all off-street parking areas in section
325-20.C.(1). Parking is specifically not permitted on lawns or
other spaces not developed as a parking space.
Section 3. Effective Date.
This ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Carried Unanimously
17.6 Subdivision Regulations – Determination of Environmental
Significance - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, an Ordinance amending Article I entitled “General
Provisions” and Article II entitled “Plat Approval procedure” of
Chapter 290 entitled "Subdivision of Land" of the City of Ithaca
Municipal Code, has been submitted to Common Council for
consideration, and
WHEREAS, appropriate environmental review has been conducted,
and
WHEREAS, the proposed action is an "unlisted" action under the
City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and
conclusions set forth on the Short Environmental Assessment Form
dated May 1, 1998, and be it further
RESOLVED, that this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
May 6, 1998
significant effect on the environment, and that further
environmental review is unnecessary, and be it further
RESOLVED, that this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and hereby is,
directed to file a copy of the same, together with the
attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Motion to Table
By Alderperson Manos: Seconded by Alderperson Gray
RESOLVED, That this item be tabled so that the Conservation
Advisory Council has time to review the ordinance.
Carried Unanimously
17.7 An Ordinance Amending Chapter 290 Entitled “Subdivision of
Land” of the City of Ithaca Municipal Code
This item was withdrawn from the agenda pending comments from the
Conservation Advisory Board.
17.8 Request for IURA to Table Disposition of 402 South Cayuga
Street – Resolution
By Alderperson Blumenthal: Seconded by Alderperson Manos
WHEREAS, the City had acquired an abandoned tax delinquent, fire
damaged apartment house property located at 402 S. Cayuga Street
that is a blighting influence on the neighborhood in which it is
located, and
WHEREAS, at its February 4, 1998 meeting the Common Council
authorized 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
WHEREAS, the IURA has accepted conveyance of the property and
prepared documents to solicit proposals for purchase and
redevelopment of the property to a qualified sponsor for a use
consistent with the Urban Renewal Plan, and
WHEREAS, at their April 9, 1998 the IURA was urged to consider a
public neighborhood parking use of 402 S. Cayuga as part of a
critical component of a larger strategy to mitigate traffic
impact through the Southside residential neighborhood by
directing through traffic to travel along the Cayuga St. –
Spencer St. – Elmira Rd. route, and
WHEREAS, the IURA resolved to temporarily table a resolution
authorizing solicitation of proposals for the disposition of 402
S. Cayuga Street to allow the Common Council an opportunity to
reconsider retention of the property for a public use, and
WHEREAS, the Planning and Economic Development Committee
discussed the issue at their April 22, 1996 meeting and
recommends that a preliminary engineering analysis of the
property be conducted to explore the feasibility and cost of
constructing surface parking to serve neighborhood parking
needs, subject to identifying appropriate funding source(s), and
May 6, 1998
WHEREAS, two local engineering firms have estimated the cost of
such study will not exceed $5,000, and
WHEREAS, the 11/26/96 site plan approval of the redevelopment of
the Wegmans Shopping Center required a contribution toward the
mitigation of the traffic impact on the Southside residential
neighborhood equal to 50% of the projected cost of such
mitigation, not to exceed $42,500, now, therefore, be it
RESOLVED, that the Common Council hereby requests the IURA to
table disposition of the 402 S. Cayuga Street property pending
completion and review of an engineering study to investigate the
feasibility and estimated probable cost of redeveloping the
property for a neighborhood surface parking use, and be it
further
RESOLVED, that the Common Council hereby authorizes an amount
not to exceed $5,000 to conduct a preliminary engineering
analysis of the 402 S. Cayuga Street property to evaluate the
feasibility and cost of demolition and construction of surface
parking at the property to serve neighborhood parking needs
resulting from a possible change of traffic operation on Spencer
Street from one-way to two-way operation, and, be it further
RESOLVED, that the Common Council designates the above
engineering analysis, and any subsequent costs to further
evaluate, design and construct neighborhood parking at 402 S.
Cayuga, as an eligible project for the use of contributions to
be received from Wegmans to mitigate the traffic impact on the
Southside residential neighborhood required as part of the
11/26/96 site plan approval for the redevelopment of the Wegmans
Shopping Plaza, and, be it further
RESOLVED, that the Mayor, upon advice from the City Attorney and
the Director of Planning and Development, be authorized to sign
a contract for professional services to conduct the above
engineering study, and, be it further
RESOLVED, said contract amount, not to exceed $5,000, be
transferred to account A8020-5435, the contract line for the
Department of Planning & Development.
Extensive discussion followed on the floor regarding funding
sources and the lack of Board of Public Works review on the
proposed traffic pattern changes.
Amending Resolution
By Alderperson Marcham: Seconded by Alderperson Vaughan
RESOLVED, That the Board of Public Works and the Department of
Public Works be asked to proceed in studying traffic patterns on
Spencer Street.
Ayes (1) Marcham
Nays (9) Shenk, Manos, Sams, Farrell,
Blumenthal, Vaughan, Gray,
Spielholz, Taylor
Motion Failed
May 6, 1998
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Shenk
RESOLVED, That these funds be derived from the Unrestricted
Contingency account, and the 50% matching contribution from
Wegmans be returned to the Unrestricted Contingency account.
Ayes (8) Shenk, Manos, Sams, Gray,
Farrell, Blumenthal, Vaughan,
Taylor
Nays (2) Spielholz, Marcham
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) Shenk, Manos, Sams, Farrell,
Blumenthal, Vaughan, Gray,
Taylor
Nays (1) Marcham
Abstention (1) Spielholz
Carried
17.9 Brownfields - Report
This item was withdrawn from the agenda.
18. Budget and Administration Committee:
18.1 Common Council - Request to Establish Capital Project for
Parking Signage Related to the RPPS
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, residents of many neighborhoods have complained about the
inability to use the streets near their homes for parking, and
have requested relief from their elected representatives, and
WHEREAS, the streets in many neighborhoods of the City of Ithaca
near Cornell University are filled with the parked cars of more
than 500 commuters each day, and
WHEREAS, because of this commuter parking the residents of these
neighborhoods are subject to increased noise, pollution, litter,
extra traffic and unsafe conditions for motorists and pedestrians,
and
WHEREAS, the City of Ithaca did request that the State Legislature
give the City of Ithaca authority to establish a Resident Parking
Permit System in the neighborhoods surrounding Cornell University,
and
WHEREAS, such enabling legislation was passed by the State
Legislature and signed by the Governor, and
WHEREAS, a committee of elected officials, city residents and
staff has been working since August 1997 on preparation of
proposed regulations for the resident parking permit area, and
WHEREAS, implementation of these regulations will require a
capital project that will cover the costs of replacement and
installation of signage, and
WHEREAS, Capital Project #365 for $33,000 has been designed to
provide for such replacement and installation of signage, and
May 6, 1998
WHEREAS, the Board of Public Works is given authority over parking
regulations in the City of Ithaca; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the establishment
of Capital Project #365 in an amount not to exceed $33,000, and be
it further
RESOLVED, That said Capital Project take effect at the time that
Common Council passes legislation which enacts the Plan and after
the Board of Public Works approves the implementation of parking
regulations which institute a Resident Parking Permit System, and
be it further
RESOLVED, That said funds shall be derived from the issuance of
Serial Bonds.
Ayes (9) Shenk, Manos, Sams, Farrell,
Blumenthal, Vaughan, Marcham,
Spielholz, Gray
Nays (1) Taylor
Carried
18.2 Common Council - Direction to Board of Public Works on
Resident Parking Permit Fee Structure
This item was withdrawn from the agenda.
18.3 Common Council - Request Funds for Scholarships for Training
Program
By Alderperson Marcham : Seconded by Alderperson Manos
WHEREAS, a request has been received from Cornell Cooperative
Extension to fund two scholarships for Effective Black Parenting
Facilitator training, and
WHEREAS, the week-long training will be held July 20-24, 1998 in
Ithaca, at a per trainee cost of $850 with several community
leaders and organizations sponsoring trainees; now, therefore, be
it
RESOLVED, That Common Council authorizes the transfer of an amount
not to exceed $850 from Account A1990 Unrestricted Contingency to
Account A7311-5440-1100 to sponsor one trainee at the Effective
Black Parenting Facilitator training, and be it further
RESOLVED, That either GIAC or the Youth Bureau explore the idea of
funding an additional trainee from staff for said program at $850
within existing budget allocations.
Amending Resolution
By Alderperson Farrell : Seconded by Alderperson Manos
RESOLVED, That a second Whereas clause be added to read as
follows:
“WHEREAS, individuals who are not City or County employees but are
trained as facilitators will sign agreements with Cornell
Cooperative Extension to facilitate two to three 14-week series of
Effective Black Parenting over the next two to three years,” and
be it further
RESOLVED, that the first Resolved clause be amended to read as
follows:
“RESOLVED, That Common Council authorizes the transfer of an
amount not to exceed $850 from Account A1990 Unrestricted
May 6, 1998
Contingency to Account A7311-5440-1100 to sponsor one trainee who
is also a resident of the City of Ithaca at the Effective Black
Parenting Facilitator Training, and be it further”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
18.4 Common Council - Establishment of Sub-committee for Community
Survey Funding
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the Mayor and Common Council are interested in producing
a survey for the community to receive residents problems and
concerns on various city issues; now, therefore, be it
RESOLVED, That the Budget and Administration Committee will
establish a sub-committee to explore various community survey
options and alternatives, including associated costs and
financing.
Carried Unanimously
18.5 Building Department - Council Support of Development of
Zoning Interpretation and Approval Fees
By Alderperson Marcham : Seconded by Alderperson Spielholz
WHEREAS, Building Department staff are recommending that a fee for
determination by Building Department staff of the specific rights
of a property requested by the property owner be implemented and
charged on a $50 per hour fee with a minimum of $25, and
WHEREAS, the Building Department will take this service fee issue
to the Planning and Development Board, and the Planning and
Economic Development Committee for discussion and support; now,
therefore, be it
RESOLVED, That Common Council hereby supports the establishment
and implementation of a Zoning Interpretation and Approval fee for
determination by Building Department Staff of the specific rights
of a property, and directs Building Department and City Attorney
staff to develop specific language to accomplish said fee.
Carried Unanimously
18.6 An Ordinance Amending Section 146-7K(1) Entitled “Expiration
of Permits” of the City of Ithaca Municipal Code
By Alderperson Marcham : Seconded by Alderperson Vaughan
ORDINANCE NO. 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 Municipal Code Section 146-7.K.(1)
of the Building Construction Ordinance entitled “Expiration of
permits,” is hereby amended as follows:
K. Expiration of permits.
(1) All building permits shall remain in effect for a period of
two (2) years. Except that, building permits that authorize work
with a construction value of more than $15 million dollars, or
May 6, 1998
those building permits held by single family homeowners, shall
remain in effect for a period of 3 years. Permits shall be
renewable upon application to the Building Commissioner and upon
payment of the renewal fee. At least forty-five (45) days before
the expiration of the building permit granted under this
chapter, the Building Commissioner shall send a notice of
expiration by ordinary [and certified] mail to the person
holding such permit. Upon the failure of the Building
Commissioner to send such notice of expiration by ordinary [and
certified] mail to the person holding such permit, such permit
shall continue and shall not expire until forty-five (45) days
after the sending of such notice of expiration.
Section 2. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Carried Unanimously
18.7 An Ordinance Amending Sections 272-11 and 272-18
Entitled “Permit Fees” and “Variances, Review and Appeal” of the
City of Ithaca Municipal Code
By Alderperson Marcham: Seconded by Alderperson Manos
ORDINANCE NO. 98____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code , Section 272-11
and 272-18 of the Sign Ordinance entitled “Permit fees” and
“Variances, review and appeal,” are hereby amended as follows:
§ 272-11. Permit fees.
A. The following fees shall be paid to the City of Ithaca, New
York, upon filing of an application for a sign permit:
Sign Area
(square feet) Fee Per Sign
0 to 50 $40 [$20.00]
51 to 100 $80 [$40.00]
101 to 150 $120 [$60.00]
151 to 200 $160 [$80.00]
201 to 250 $200 [$100.00]
§ 272-18. Variances, review and appeal.
Any person aggrieved by any decision of the Building
Commissioner relative to the provisions of this chapter may
appeal such decision to the Zoning Board of Appeals, as provided
in Chapter 325, Zoning, of this Code and shall comply with all
procedural requirements prescribed by said Zoning Board of
Appeals, including payment of a fee of $75 [ten dollars ($10.)]
to defray the cost of the required legal notice and written
notice to all property owners within two hundred (200) feet of
the boundaries of the proposed sign location. However, when any
variance, review or appeal relative to the provisions of this
chapter is requested, the Zoning Board of Appeals shall not take
action until a report is received from the Planning and
Development Board. If, however, no report is received within
forty-five (45) days after referral, then approval by the
Planning and Development Board shall be presumed, and the Zoning
May 6, 1998
Board of Appeals shall proceed accordingly. In making any
determination or decision with respect to any proposed sign, any
city officer or any board having jurisdiction shall be guided by
the general purpose of this chapter, as stated in § 272-1
hereof, and shall also consider the following:
A. Size of sign: the purpose for which the sign is
erected and the distance from which the sign is intended to
be or can possibly be read and the character of adjacent
streets. In all cases, the smallest sign that will suit the
purpose shall be the guide, taking into account the
legitimate commercial or other interests which are intended
to be promoted by the sign and the speed limits and traffic
conditions on adjacent streets.
B. Number of letters: the number of letters on the
proposed sign. A sign with only a few letters need not be
as large as one with many letters to be seen from the same
distance.
C. Other signs: other signs in the vicinity of the
proposed sign.
D. The character of the neighborhood: the proposed use
shall not be detrimental to the general amenity or
neighborhood character so as to cause a devaluation of
neighboring property or material inconvenience to
neighboring inhabitants or material interference with the
use and enjoyment by the inhabitants of the neighboring
property.
E. Public interest: the protection of the public interest
and the desirability of maintaining open spaces, views and
vistas insofar as possible. Any person aggrieved by any
decision of the Zoning Board of Appeals may have the
decision reviewed by a Special Term of the Supreme Court in
the manner provided by Article 78 of the Civil Practice Law
and Rules.
Section 2. The City of Ithaca Municipal Code , Section 272-43 of
the Housing Ordinance involving the fee for a Certificate of
Compliance, is hereby amended as follows:
§ 210-43. Certificate of compliance.
D. The fee for a certificate of compliance shall be based on
the following:
(1) $30 [Twenty-eight dollars ($28.)] plus $30 [twenty-
eight dollars ($28.)] per hour for the time spent by the
Inspector at the premises doing the initial inspection to
determine whether the premises are in compliance with the
Housing Code; plus
(2) If, at the time the initial inspection is done, the
premises are not in compliance with the Housing Code, $30
[twenty-eight dollars ($28.)] per hour for all time spent
by the Inspector regarding the premises after such initial
inspection, including but not limited to the time spent in
correspondence, review of the appropriate files,
transportation and further inspections.
May 6, 1998
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Carried Unanimously
18.8 Building Department - Request to Amend Authorized Personnel
Roster
By Alderperson Marcham : Seconded By Alderperson Gray
RESOLVED, That the 1998 Authorized Personnel Roster of the
Building Department be amended as follows:
Delete: One (1) Plan Review Officer (40 hours)
Add: One (1) Senior Plan Examiner (40 hours)
and be it further
RESOLVED, That the position of Senior Plan Examiner be assigned to
the CSEA Administrative Unit at Grade 22 (40 hour hiring salary of
$35,771 - $41,179), and be it further
RESOLVED, That Mike Niechwiadowicz be appointed to the position of
Senior Plan Examiner at a 1998 annual salary of $44,081, effective
retroactive to July, 1997, and be it further
RESOLVED, That the required funding increase of $4,758.71 shall be
derived from the transfer of an amount not to exceed $2,295 from
Account A1990 Unrestricted Contingency to Account A3620-5110 and
the balance of $2,463.71 to be derived within existing Building
Department salary accounts.
Carried Unanimously
18.9 Finance/Controller - Request to Approve One-Week Sales and
Use Tax Clothing Exemption
By Alderperson Marcham: Seconded by Alderperson Farrell
BE IT ENACTED BY Common Council of the City of Ithaca as follows:
Section one. Receipts from sales of and consideration given or
contracted to be given for purchases of clothing exempt from state
sales and compensating use taxes pursuant to paragraph 30 of
subdivision (a) of section 1115 of the tax law shall also be
exempt from sales and compensating use taxes imposed in this
jurisdiction.
Section two. This resolution shall take effect immediately and
shall apply to sales made and uses occurring during the period
commencing September 1, 1998, and ending September 7, 1998,
although made or occurring under a prior contract.
Alderperson Marcham reported that the resolution does not mention
the threshold, or what items of clothing are covered (i.e.
footwear).
Carried Unanimously
May 6, 1998
18.12 DPW - Request to Establish Capital Project for East Clinton
Street Bridge
By Alderperson Marcham : Seconded by Alderperson Shenk
WHEREAS, the East Clinton Street Bridge has been structurally
reviewed by the City Engineer's Office and was found to have
removal of material under the concrete footers of the bridge which
will cause problems in the future if left as is, and
WHEREAS, the Engineer's Office will have staff time this summer to
oversee the bridge repair work and the creek level should be at an
optimum level to perform the work, and
WHEREAS, the bridge repair work has been estimated at a total cost
of $120,000; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the establishment
of Capital Project #366 East Clinton Street Bridge Repair at an
amount not to exceed $120,000 for said repair, and be it further
RESOLVED, That said funding shall be derived from the issuance of
Serial Bonds with the project approval contingent upon Board of
Public Works approval.
Carried Unanimously
18.10 A Resolution Authorizing the Issuance of $1,830,000 Serial
Bonds of the City of Ithaca, Tompkins County, New York, to Pay the
Cost of Certain Objects or Purposes in and for Said City
By Alderperson Marcham : Seconded by Alderperson Gray
A Resolution Authorizing the Issuance of $1,830,000 Serial Bonds
of the city of Ithaca, Tompkins County, New York, to Pay the Cost
of Certain Objects or Purposes in and for Said City.
WHEREAS, all conditions precedent to the financing of the capital
projects hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is not desired to authorize the financing of such
capital projects; now therefore be it
RESOLVED, That by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows:
Section 1. For the specific objects or purposes or classes of
objects or purposes of paying the costs of the certain capital
improvements in and for the City of Ithaca, Tompkins County, New
York, there are hereby authorized to be issued $1,830,000 serial
bonds of said City pursuant to the provisions of the Local Finance
Law, apportioned among such improvements in accordance with the
maximum estimated cost of each. Such improvements are as follows:
a) To pay additional costs of the reconstruction of Stewart
Avenue embankment after landslide, in and for said City,
including incidental expenses in connection therewith, at a
maximum estimated cost of $32,000 (including the $54,266
serial bonds authorized by bond resolution dated and duly
adopted January 7, 1998, revised maximum estimated cost of
this specific object or purpose is now $96,266). It is
hereby determined that the period of probably usefulness of
the aforesaid specific object or purpose is five years,
pursuant to subdivision 35 of paragraph (a) of Section 11.00
May 6, 1998
of the Local Finance Law, no obligations having been
heretofore issued for said specific object of purpose;
b) The reconstruction of the Giles Street Bridge in and for said
City, including incidental improvements and expenses in
connection therewith, at a maximum estimated cost of
$857,000. It is hereby determined that the period of
probably usefulness of the aforesaid specific object or
purpose is twenty years, pursuant to subdivision 10 of
paragraph (a) of Section 11.00 of the Local Finance Law;
c) The reconstruction of the Linn Street Bridge in and for said
City, including incidental improvements and expenses in
connection therewith, at a maximum estimated cost of
$788,000. It is hereby determined that the period of
probably usefulness of the aforesaid specific object or
purpose is twenty years, pursuant to subdivision 10 of
paragraph (a) of Section 11.00 of the Local Finance Law; and
d) The reconstruction of the West Clinton Street Bridge in and
for said City, including incidental improvements and expenses
in connection therewith, at a maximum estimated cost of
$120,000. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or
purpose is twenty years, pursuant to subdivision 10 of
paragraph (a) of Section 11.00 of the Local Finance Law; and
e) The purchase and installation of traffic signs and traffic
sign supports at various streets and roads throughout and in
and for said City, including incidental expenses in
connection therewith, at a maximum estimated cost of $33,000.
It is hereby determined that the period of probably
usefulness of the aforesaid class so objects or purposes is
ten years, pursuant to subdivision 72 (b) of paragraph (a) of
Section 11.00 of the Local Finance Law.
Section 2. The aggregate maximum estimated cost of the aforesaid
specific objects or purposes is $1,830,000 and the plan for the
financing thereof is by the issuance of the serial bonds
authorized by Section 1 hereof, allocated to each specific object
or purpose in accordance with the maximum estimated cost of each
set forth in Section 1 hereof.
Section 3. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of the
serial bonds herein authorized, including renewals of such notes,
is hereby delegated to the City Controller, the chief fiscal
officer. Such notes shall be of such terms, form and contents,
and shall be sold in such manner, as may be prescribed by said
City Controller, consistent with the provisions of the Local
Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins
County, New York, are hereby irrevocably pledged for the payment
of the principal of and interest on such obligations as the same
respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such
year. There shall annually be levied on all the taxable real
property in said City a tax sufficient to pay the principal of and
interest on such obligations as the same become due and payable.
Section 5. The bonds authorized pursuant to this bond resolution
shall be in fully registered form and shall be signed in the name
of the city of Ithaca, Tompkins County, New York, by the manual or
facsimile signature of the city Controller and a facsimile of its
May 6, 1998
corporate seal shall be imprinted or impressed and may be attested
by the manual or facsimile signature of the City Clerk.
Section 6. The powers and duties of advertising such bonds for
sale, conducting the sale of awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating
to such bonds, including determining whether to issue such bonds
having substantially level or declining annual debt service,
including prescribing whether manual or facsimile signature shall
appear on said bonds, appointing the fiscal agent or agents for
said bonds, providing for the printing and delivery of said bonds
(and if said bonds are to be executed in the name of the City by
the facsimile signature of its City Controller, providing for the
manual countersignature of a fiscal agent or of a designated
official of the City), the date, denominations, maturities and
interest payment dates, place or places of payment, and also
including the consolidation with other issues, shall be determined
by the City Controller. It is hereby determined that it is to the
financial advantage of the city not to impose and collect from
registered owners of such serial bonds any charges for mailing,
shipping and insuring bonds transferred or exchange by the fiscal
agent, and, accordingly, pursuant to paragraph (c) of Section
70.00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent. Such bonds shall contain
substantially the recital of validity clause provided for in
section 52.00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required
by Section 52.00 of the Local Finance Law, as the City Controller
shall determine.
Section 8. The validity of such bonds and bond anticipation notes
may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with
And an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 9. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-1. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
May 6, 1998
Section 10. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
Carried Unanimously
18.11 Approval of 1999 Guidelines for Community Service Funding
By Alderperson Marcham : Seconded by Alderperson Vaughan
WHEREAS, the City of Ithaca has in the past appropriated funds to
agencies for cultural enrichment, economic promotion, and other
purposes aside from human services, and
WHEREAS, the Common Council intends that all such requests be
subject to a standardized review process; now, therefore, be it
RESOLVED, That the Budget & Administration Committee of Common
Council be authorized to review all 1999 requests for non-mandated
city funding from private, non-profit agencies that are not
subject to Human Services Coalition review, and be it further
RESOLVED, That the following requirements and criteria shall be
applied to all such requests:
Requirements
1. All applications for 1999 funding must be submitted in writing
to the City Controller by June 15, 1998.
2. Each application must include a statement that explains how
the activity proposed for City funding will benefit the social,
cultural, economic, and/or environmental well being of city
residents, in terms as specific as possible. Information
presented should include the groups or individuals to be served,
the number of people to benefit from the activity, and the
duration of the benefit (long term or short term).
3. a. Each application must include budgets for 1998 and 1999,
financial reports from 1996 and 1997, and an enumeration
of other funding sources.
b. The applications should also include a count of
individuals served, by municipality, for prior years,
and a report on any positive impacts and benefits.
c. The application must include a description of methods
for measuring positive outcomes from 1999 funding.
Criteria and Evaluation Scoring
The Committee shall assign points for the degree to which the
proposed use of City funds meets each of the following criteria.
If the applicant does not supply sufficient information for the
Committee to make a judgment, the proposal shall receive zero
points in each such case.
These criteria and evaluation scores will be used by the Budget &
Administration Committee as guidelines in evaluating requests for
funding:
May 6, 1998
1. The proposed activity will benefit the social, cultural,
economic and/or environmental well being of residents of the City
of Ithaca.
2. a. The proposal will service city residents in proportion
to City funding requested.
b. The sponsor of the proposed activity:
1. has received funding, or
2. is reasonably assured of receiving funding, or
3. has made a good faith effort to receive funding
from the County, appropriate towns, school
districts, or other funding sources in proportion
to non-city residents served.
3. The proposed activity will serve an identified need in the
city and does not duplicate another service.
4. The proposed activity is designed to effectively meet the
needs of those to be benefited; and the proposal includes
measurable objectives and outcomes.
5. The applicant demonstrates sound management practices.
6. The proposed activity will especially benefit a population in
financial need (i.e., below federal poverty guidelines) or the
disabled.
7. The proposed activity will produce a long-term benefit.
now, therefore, be it
RESOLVED, That by August 3, 1998, the Budget & Administration
Committee shall forward its recommendations to the Mayor for
consideration in the 1999 budget.
Carried Unanimously
18.13. Finance/Controller - Status of Unrestricted Contingency-
Report
Alderperson Marcham presented the following report on the status
of the Unrestricted Contingency Fund:
UNRESTRICTED
CONTINGENCY
Balance Unrestricted Contingency 4/29/98 $52,825.00
RESTRICTED
CONTINGENCY
(COUNCIL) $ 0.00
(COUNCIL) 0.00
SALARY ADJUSTMENTS MANAGEMENT (COUNCIL) 10,000.00
IMPACT FUNDS (COUNCIL) 5,000.00
(POLICE/COUNCIL) 0.00
(COUNCIL) 0.00
(COUNCIL) 0.00
BALANCE RESTRICTED CONTINGENCY 4/29/98 $15,000.00
May 6, 1998
BALANCE UNRESTRICTED CONTINGENCY 4/29/98 $67,825.00
MAY COUNCIL PROPOSED RESOLUTIONS:
Building Department Reclassification $ 2,295.00
Training Course YB/GIAC 850.00
$ 3,145.00
BALANCE UNREST. CONTINGENCY AFTER PROPOSED
MAY RESOLUTIONS $49,680.00
-5,000.00
$44,680.00
18.14 Common Council - Managerial Pay Raise Requests - Report
Alderperson Marcham reported that the Budget and Administration
Committee appointed a sub-committee to review managerial pay raise
requests. The committee consists of Alderpersons Manos, Vaughan,
Shenk and Mayor Cohen Ex-Officio. Alderperson Marcham stated that
funds are very limited this year for these requests.
18.15 Common Council - Request to Sign Viva Taqueria & Cantina's
Revocable License Agreement
By Alderperson Marcham : Seconded by Alderperson Spielholz
WHEREAS, in the past the City of Ithaca has issued a license to
Viva Taqueria & Cantina allowing that restaurant to utilize
certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has generally been deemed
proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Ithaca Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at Viva Taqueria & Cantina, including
the responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $500,000.00 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 1998, that Common Council hereby approves a
revocable license agreement for the outdoor sale and consumption
of alcohol between the City and Viva Taqueria & Cantina that
includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum
Dram Shop coverage in the amount of $500,000.00 and Ithaca
Downtown Partnership approval for outdoor dining permits.
Carried Unanimously
18.17 Municipal Resolution – 1996 Clean Water/Clean Air Bond Act
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca herein called the “Municipality”,
after thorough consideration of the various aspects of the
problem and study of available data, has hereby determined that
certain work, as described in its application and attachments,
May 6, 1998
herein called the “Project” is desirable, is in the public
interest, and is required in order to implement the Project; and
WHEREAS, Article 56 of the Environmental Conservation Law
authorizes State assistance to municipalities for water quality
improvement projects by means of a contract and the Municipality
deems it to be in the public interest and benefit under this law
to enter into a contract therewith; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca that
1. The City Controller is the representative authorized to act
in behalf of the Municipality’s governing body in all matters
related to State assistance under ECL Article 56, Title 3. The
representative is also authorized to make application, execute
the State Assistance Contract, submit Project documentation, and
otherwise act for the Municipality’s governing body in all
matters related to the Project and to State assistance;
2. That the Municipality agrees that it will fund its portion
of the cost of the Project and that funds will be available to
initiate the Project’s field work within twelve (12) months of
written approval of its application by the Department of
Environmental Conservation;
3. That one (1) certified copy of this Resolution be prepared
and sent to the Albany office of the New York
State Department of Environmental Conservation together with the
Application of State Assistance Payments;
4. That this Resolution take effect immediately.
Carried Unanimously
19. NEW BUSINESS:
19.1 Sexual Orientation Non-Discrimination Bill, S. 425-A
By Alderperson Shenk Seconded By Alderperson Gray
WHEREAS, no federal or state laws exist to prohibit
discrimination on the basis of sexual orientation in employment,
housing, public accommodations, credit and education, and
WHEREAS, studies have shown lesbians and gay men to be frequent
victims of discrimination, and
WHEREAS, in 1971 New York became one of the first states in the
nation to introduce a bill banning discrimination based on
sexual orientation, and
WHEREAS, although approximately a dozen local governments around
the State of New York, including Tompkins County and the City of
Ithaca, have passed ordinances banning sexual orientation
discrimination, many of these ordinances are limited to
municipal employment and/or contain no enforcement mechanism,
and protection from discrimination should not depend on where in
New York State a person lives, and
WHEREAS, all but one of the five states immediately surrounding
and contiguous to New York State have passed comprehensive
legislation banning discrimination on the basis of sexual
orientation, and
May 6, 1998
WHEREAS, the New York State Senate leadership has consistently
denied lesbian and gay New Yorkers full use of the democratic
process by refusing to allow a vote on the Sexual Orientation
Non-Discrimination Bill which simply adds the words "sexual
orientation” to New York State’s existing civil rights laws;
now, therefore, be it
RESOLVED, That the Ithaca Common Council calls upon the
leadership of the New York State Senate to allow a floor vote on
the Sexual Orientation Non-Discrimination Bill, S.425-A before
the close of the 1998 legislative session, and, be it further
RESOLVED, That the City Clerk forward this resolution to all
members of the New York State Senate.
Carried Unanimously
19.1 Legal Services for City Attorney’s Office – Resolution
By Alderperson Blumenthal : Seconded by Alderperson Sams
WHEREAS, the Assistant City Attorney will continue to be on
medical leave until approximately the end of May 1998, and
WHEREAS, the City Attorney’s Office is in need of assistance to
provide legal services during her absence, and
WHEREAS, the prior appropriations approved in February and April
1998 are insufficient to cover the legal services needed through
the end of May 1998, now therefore be it
RESOLVED, That the City Attorney’s Office is authorized to
continue its 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 an additional 85a
hours for a total additional amount not to exceed $6,375.00, and
be it further
RESOLVED, That the sum of $6,375.00 shall be transferred from
Account A-19090 (Unrestricted Contingency) to Account 1420-5435
(City Attorney).
Carried Unanimously
20. UNFINISHED AND MISCELLANEOUS BUSINESS:
By Alderperson Manos : Seconded by Alderperson Manos
RESOLVED, That Roey Thorpe be appointed as a Marriage Officer
through June 1998.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Gray : Seconded by Alderperson Spielholz
RESOLVED, That Common Council adjourn into Executive Session to
discuss two personnel items.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no formal
action being taken.
May 6, 1998
21. REPORT OF COUNCIL LIAISONS:
Six Mile Creek Advisory Committee
Alderperson Vaughan reported that the Six Mile Creek Advisory
Committee voted on a resolution in February regarding their wish
to be involved in the watershed deliberations. The resolution
stated that the Committee wants to be kept informed of the
deliberations, wants the opportunity to participate in specific
actions that might effect Six Mile Creek, and they further
request that Common Council not diminish the level of protection
currently in effect for Six Mile Creek even if it is no longer
used as a watershed.
City Prosecutor’s Office
Mayor Cohen reported that Ezra Sherman has agreed to become the
Acting City Prosecutor until a City Prosecutor is hired, and
that Robert Sarachan has agreed to serve as the Acting Deputy
City Prosecutor. Mayor Cohen stated that Mr. Sarachan will
resign from the Community Police Board.
ADJOURNMENT:
On a motion the meeting adjourned at 12:02 A.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor