HomeMy WebLinkAboutMN-CC-1998-07-01
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. July 1, 1998
PRESENT:
Mayor Cohen
Alderpersons (9) Shenk, Sams, Blumenthal, Marcham, Taylor
Manos, Farrell, Vaughan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Geldenhuys
Deputy Controller – Thayer
Building Commissioner – Eckstrom
Planning and Development Director – Van Cort
Fire Chief – Wilbur
EXCUSED:
Alderperson Spielholz
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
NEW BUSINESS:
Alderperson Marcham requested the addition of Item 20.1 –
Appointment of Marriage Officer.
Mayor Cohen requested the addition of Item 20.2 – Truck Routes,
Item 20.3 – Grant Applications, and Item 20.4 – Executive
Session – City Labor Contract.
PLANNING AND ECONOMIC DEVELOPMET COMMITTEE:
Alderperson Blumenthal requested the addition of Items 17.2B,
17.2C and 17.2D – Amendments to the Awning Ordinance.
BUDGET AND ADMINISTRATION COMMITTEE:
Mayor Cohen requested the deletion of Item 19.14 - Managerial
Pay Raise Sub Committee Report.
No Council members objected.
SPECIAL ORDER OF BUSINESS:
2.2 Appointment to Fifth Ward Council Seat – Resolution
Mr. John Hunt, Chair of the Fifth Ward Democratic Committee
addressed Council to request the nomination of Mr. Edward
Hershey to fill the position of Fifth Ward Alderperson until
December 31, 1998.
Mr. Hershey addressed Council to voice his interest in filling
the position.
Resolution
By Alderperson Vaughan: Seconded by Alderperson Taylor
WHEREAS, a seat has become vacant on the Common Council of the
City of Ithaca by the death of Alderperson Rick Gray,
representing the Fifth Ward, and,
July 1, 1998
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WHEREAS, the Fifth Ward Democratic Committee has diligently
pursued the task of locating a successor to Mr. Gray, and
WHEREAS, the Committee has selected Edward Hershey as its
nominee to fill this vacancy until the next election, and
WHEREAS, in cases of a vacancy occurring on Common Council the
Council is vested by the City Charter with the power to appoint
a person to fill that vacancy, and
WHEREAS, the term of this appointment is through December 31,
1998, now therefore be it
RESOLVED, That Common Council appoints Edward Hershey to fill
the vacancy on Common Council, representing the Fifth Ward,
through December 31, 1998.
Carried Unanimously
Mayor Cohen administered the Oath of Office to Alderperson
Hershey, and he took his seat among Common Council.
2.1 Common Council Rules of Order
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, Common Council encourages community members to
participate fully in the government process, and
WHEREAS, Common Council and Council Committees need to conduct
meetings in an efficient and orderly manner; now, therefore, be
it
RESOLVED, That Common Council hereby enacts the following Rules
of Order effective immediately upon passage:
Where public comment is scheduled, on the meeting agenda, any
member of the public may address the Mayor, Common Council, or a
Council Committee on any topic for up to three minutes. A
speaker will be notified by a timekeeper when his/her time has
ended.
The Mayor or Committee Chair may limit a speaker to the first
part of the meeting under the order of “Petitions and Hearings
of Persons Before Common Council” or “Public Comment,” at
committee meetings, except when a meeting has been designated as
a public hearing. Persons may address the Council or a
Committee about an agenda item during the course of the meeting
only upon invitation by, or permission from, the Mayor,
Committee Chair, or a majority vote of the Council or committee
members.
Any person who shall desire to speak at a meeting of Common
Council, or a Council Committee shall fill out a card stating
their name, street address, municipality of residence, and the
topic upon which they will comment. In completing this card each
speaker will be affirming that they have read and understand the
posted Rules of Conduct. Upon speaking, each person shall
verbally state their name and the municipality they reside in
for the record.
July 1, 1998
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No person shall be permitted to speak more than once unless
requested or allowed to do so by the Mayor, Committee Chair or a
majority of the Common Council or committee.
Each person addressing the Mayor, Common Council, or a Council
Committee shall do so in a quiet and orderly manner, and may not
shout, use foul language, throw or slam anything, or engage in
any other forms of disruptive behavior.
Speakers shall give any written materials to the City Clerk or
City staff for distribution to Common Council and Committee
members.
Failure to follow the Rules of Order will result in a speaker
being asked to take his or her seat.
Failure to sit down after being asked, or continuing with
outbursts while in the audience, will result in a speaker being
asked to leave the room.
Failure to leave the room after being asked may result in a
speaker being subject to arrest.
In addition to the aforementioned rules, Robert’s Rules of Order
will be followed.
The City Attorney, when present, shall act as parliamentarian at
all meetings of the Common Council.
The above Rules of Order shall be posted in Common Council
Chambers in a place visible to the public.
Carried Unanimously
The following language will be printed on cards for the public
to complete before addressing Common Council or committees:
I have read, and understand the posted Rules of Order for
members of the public addressing the Mayor or Common Council and
its Committees. I further understand the consequences if I do
not follow the posted Rules of Order.
Name:
Municipality of Residence:
Topic of Address:
If you have a disability which will require special arrangements
to be made in order for you to fully participate in the meeting,
please contact the City Clerk at 274-6570 at least 48 hours
before the meeting.
July 1, 1998
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2.3 Public Hearing to Consider An Ordinance Amending Zoning
Ordinance Sections 325-3 and 325-32 of the City of Ithaca
Municipal Code, Regarding the Extension or Enlargement of
Nonconforming Structures
By Alderperson Blumenthal : Seconded by Alderperson Taylor
RESOLVED, That the Public Hearing to consider an ordinance
amending Zoning Ordinance Sections 325-3 and 325-23 be declared
open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Blumenthal : Seconded by Alderperson Marcham
RESOLVED, That the Public Hearing to consider an ordinance
amending Zoning Ordinance Section 325-3 and 325-23 be declared
closed.
Carried Unanimously
2.4 Public Hearing to Consider An ordinance Amending Zoning
Ordinance Sections 325-10 and 325-9 of the City of Ithaca
Municipal Code, Regarding the Accessory Apartment Ordinance and
Standards for Special Permits
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing to consider an ordinance
amending Zoning Ordinance Sections 325-10 and 325-9 be declared
open.
Carried Unanimously
No one appeared to address Council.
Resolution to Close Public Hearing
By Alderperson Manos: Seconded by Alderperson Taylor
RESOLVED, That the Public Hearing to consider an ordinance
amending Zoning Ordinance Section 325-10 and 325-9 be declared
closed.
Carried Unanimously
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams reported that the Russian Children’s Choir has
donated a picture of St. Petersburg for Common Council Chambers.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen read two resolutions of appreciation from the Ithaca
Urban Renewal Agency for Bill Meyers and Pam Mackesey.
Mayor Cohen proclaimed the month of May as Rabies Awareness
Month at the request of the Tompkins County Department of
Health.
Mayor Cohen reported that he met with the Regional Director of
the Department of Transportation regarding speed zone transition
buffers.
Mayor Cohen reported that the City has been awarded a grant for
record management in the amount of $21,168.
July 1, 1998
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
John Milick, City of Ithaca, spoke in opposition to the proposed
dog ordinance as it does not address noise abatement.
Maryann Burgess Pulhalka, Pat Pryor, Regi Teasley, Judy Saul,
Rick Rogers, Margaret Caslan, David Ayers, Sally Van Orman, City
of Ithaca, spoke in support of posted, and enforced truck routes
within the City of Ithaca.
Arthur Watkins, City of Ithaca, voiced his concerns about the
proposed skateboard park.
Joseph Wetmore, Town of Ulysses, addressed Council regarding the
Southwest Area Scoping Plan, and the conclusions that have been
drawn before the study is completed.
Carl Graham, President, Board of Directors, Deborah Dover,
Interim Director, Southside Community Center, expressed their
appreciation for the funding received by the City.
Judge John Rowley, City of Ithaca, Drug Court Program, announced
the receipt of a local block grant.
John Schroeder, City of Ithaca, Citizens Planning Alliance,
spoke about the Tompkins County Public Library, and the West End
Urban Design Plan. He noted that the West End Urban Design Plan
should not be linked to the GEIS being done for the Southwest
Area Land Use Plan.
Mary Tomlan, City of Ithaca, thanked Cornell University, the
Cornell Police Department, City of Ithaca staff, and Mayor Cohen
for their support during Senior Week.
Joel Harlan, Town of Dryden, spoke about the Southwest area, the
West End, and Inlet Island improvements.
Ron Chapman, City of Ithaca, addressed issues surrounding the
enforcement of truck routes, and spoke in support of broadening
the scope for the Bicycle Advisory Council.
Liz Thorndike, Town of Ulysses, spoke about the Cayuga Lake
Watershed Network.
David Krenick, City of Ithaca, addressed Council regarding the
proposed Bicycle/Pedestrian Advisory Council.
Marty Blodgett, City of Ithaca, spoke about the scope for the
Southwest Area Land Use Plan.
Dick Charsky, NYSEG, spoke about utility deregulation.
Fay Gougakis, City of Ithaca, apologized for her behavior last
month. Ms. Gougakis spoke in opposition to the nomination of
Edward Hershey as Fifth Ward Alderperson, and felt that the
nomination process was unfair.
Paul Glover, City of Ithaca, spoke about the Southwest Area Land
Use Plan.
July 1, 1998
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RESPONSE TO THE PUBLIC:
Alderperson Shenk responded to comments made by Mr. Krenick
regarding the proposed Bicycle/Pedestrian Advisory Council. She
further voiced her support for the truck route legislation.
Alderperson Blumenthal responded to comments by Mr. Wetmore
regarding the Southwest Area Scoping Plan. Alderperson
Blumenthal stated that according to the new CEQR laws, it is not
a requirement to look at all the issues raised by the public.
Alderperson Blumenthal also addressed comments regarding the
Tompkins County Library, and stated that the Woolworth site is
being studied carefully.
Alderperson Marcham responded to comments made by Mr. Watkins
regarding the location of the skateboard park.
Alderperson Hershey stated that he did not interpret the Fifth
Ward process the same as Ms. Goughakis.
Mayor Cohen spoke in support of the truck route legislation.
Mayor Cohen further declared his support for the expanded
development of the Woolworth’s site.
RECESS:
Common Council recessed at 9:00 pm.
RECONVENE:
Common Council reconvened at 9:15 pm.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Steve Ehrhardt, Vice-Chair, Board of Public Works reported on
the following:
The Board authorized the Superintendent of Public Works to enter
into a contract to complete the East Clinton Street Bridge
repair project.
The Board denied a request to install four-way stop signs at
First and Hancock Streets.
The Board denied a request for the exemption of the odd/even
parking regulations in the 500 block of West Court Street.
The Board approved the location of the skateboard park in the
Wood Street Park.
The Board discussed truck route signage. The Board passed a
resolution authorizing signage in the City indicating where
truck routes are located.
CONSENT AGENDA ITEMS:
Budget and Administration Committee:
16.1 Youth Bureau - Request to Amend 1998 Budget
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, the Ithaca Youth Bureau has received corporate and other
donations for assistance with the Small Fry Football program in
the amount of $2,700; now, therefore, be it
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RESOLVED, That the 1998 Authorized Youth Bureau Budget be amended
as follows:
Increase Revenue Account:
A7310-2070-1532 Contributions to Youth $2,700
Increase Appropriation Accounts:
A7310-5120-1532 Hourly P/T $1,500
A7310-5435-1532 Contractual 400
A7310-5460-1532 Program Supplies 700
A7310-9030-1532 Social Security 100
Carried Unanimously
16.2 Finance/Controller - A Local Law Electing a Retirement
Incentive Program
Mayor Cohen stated that he has issued an emergency message
indicating the necessity of considering Local Law #4-1998 which
elects a retirement incentive program. Mayor Cohen stated that by
issuing this emergency message, the procedures required relating
to laying this Local Law on the table seven (7) calendar days in
advance of consideration are hereby waived.
Local Law No. of the Year 1998
City of Ithaca
A Local Law Electing a retirement incentive program as
authorized by Chapter 47, Laws of 1998 for the eligible employees
of the City of Ithaca
By Alderperson Marcham: Seconded by Alderperson Vaughan
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The City of Ithaca hereby elects to provide all
its eligible employees with a retirement incentive program
authorized by Chapter 47, Laws of 1998.
Section 2. The commencement date of the retirement incentive
program shall be October 3, 1998.
Section 3. The open period during which eligible employees
may retire and receive the additional retirement benefit shall be
90 days in length.
Section 4. The actuarial present value of the additional
retirement benefits payable pursuant to the provisions of this
local law shall be paid as one lump sum or in five annual
installments. The amount of the annual payment shall be
determined by the Actuary of the New York State and Local
Employees' Retirement System, and it shall be paid by the City of
Ithaca for each employee who receives the retirement benefits
payable under this local law.
Section 5. This act shall take effect upon filing with the
Secretary of State on or before September 3, 1998.
Carried Unanimously
July 1, 1998
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REGULAR AGENDA ITEMS:
17. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
17.1 An Ordinance Amending Zoning Ordinance Section 325-3 and 325-
32 of the City of Ithaca Municipal Code, Regarding the Extension
or Enlargement of Nonconforming Structures – Declaration of No
Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, “Amending Zoning Ordinance Sections 325-3 and 325-32 of
the City of Ithaca Municipal Code, regarding the Extension or
Enlargement of Nonconforming Structures, of Chapter 325 has been
submitted to Common Council for consideration, and
WHEREAS, the proposed action is an “unlisted” action under the
State Environmental Quality Review Act and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment;’ now, therefore be it
RESOLVED, That Common Council of the City of Ithaca as lead
agency, hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachment,
in the City Clerk’s Office and forward the same to any other
parties as required by law.
Carried Unanimously
17.1A An Ordinance Amending Zoning Ordinance Sections 325-3 and
325-32 of the City of Ithaca Municipal Code, Regarding the
Extension or Enlargement of Nonconforming Structures
By Alderperson Blumenthal: Seconded by Alderperson Farrell
ORDINANCE 98- ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follow:
Section 1. Section 325-3.B. Of the City of Ithaca Municipal Code
shall entitled “Specific Terms and Words” shall be amended to
include the following definitions:
Enlargement-additions to buildings, structures or land with
respect to bulk, mass or other measures regulated by this
ordinance. Enlargements include but are not necessarily limited
to: additional numbers of dwelling units, additional numbers of
unrelated individuals occupying residential buildings, and
projects that create additional space physically attached to a
building or structure or convert existing space to a different
use.
Extension-to make a greater or expanded use of a property.
This term applies to both uses of structures and to uses of land
and indicates a larger scope of operations on the property,
including projects that create additional space physically
attached to a building or structure. An addition of unrelated
July 1, 1998
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individuals in a residential structure without a physical
addition of space is considered an extension. Extensions also
include a greater use of land or property for the operation of
any aspect of a use.
Section 2. Section 325-32.C. Of the City of Ithaca Municipal Code
shall be amended to include a new subsection 325-32.C.(3). to
read as follows:
325-32.C.(3). A nonconforming structure which is used as
permitted in the district in which it is located cannot be
extended or enlarged by increasing the numbers of unrelated
individuals residing within such structures or by increasing the
number of dwelling units contained within such structure except
by means of a variance granted by the Zoning Board of Appeals;
however, such a nonconforming structure may be extended or
enlarged without the necessity of obtaining such a variance if
the property, in the enlarged or extended condition, will comply
with the parking and the lot size regulations of this chapter for
the particular district in which it is located.
Section 3. That the current section 325-32.C.(3) of the City of
Ithaca Zoning Ordinance shall be renumbered as new section 325-
32.C.(4).
Section 4. 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
17.2 An Ordinance Amending Zoning Ordinance Sections 325-10 and
325-9 of the City of Ithaca Municipal Code, Regarding the
Accessory Apartment Ordinance and Standards for Special Permits –
Declaration of No Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Shenk
WHEREAS, an ordinance entitled “Amending Sections 325-9 and 325-10
of the City of Ithaca Municipal Code, regarding the Accessory
Apartment Ordinance and Standards for Special Permits”, Chapter
325 has been submitted to Common Council for consideration, and
WHEREAS, the proposed action is an “unlisted” action under the
State Environmental Quality Review Act and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca as lead agency
in this matter, hereby does adopt as its own the findings and
conclusions more fully set forth on the Short Environmental
Assessment Form dated June 26, 1998, and be it further
RESOLVED, That Common Council of the City of Ithaca as lead
agency, hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary under the
circumstances, and be it further
July 1, 1998
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RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the attachment,
in the City Clerk’s Office and forward the same to any other
parties as required by law.
Carried Unanimously
17.2A An Ordinance Amending Zoning Ordinance Sections 325-10 and
325-9 of the City of Ithaca Municipal Code, Regarding the
Accessory Apartment Ordinance and Standards for Special Permits
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
ORDINANCE 98- ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follow:
Section 1. Section 325-10.D. of the City of Ithaca Municipal Code
shall be amended as follows:
325.10.D. Requirements. In order to be granted a temporary
permit, the following criteria and requirements must be met:
(1) Owner occupancy required. The owner(s) as defined in Section
325-3 of the lot upon which the accessory apartment is located
shall occupy and maintain as a legal full-time residence at least
one (1) of the dwelling units on the premises, except for
temporary absences not to exceed eighteen (18) months in any
five-year period. Longer absences will result in revocation of
the temporary permit, except by approval of the Board of Zoning
Appeals. In addition, no owner occupant shall occupy an accessory
apartment as his or her primary residence and let the main unit
until:
(a) at least one owner occupant has owned and occupied
the main unit in the property after the development of
the accessory apartment for a period of 5 years, or
(b) at least one owner occupant has owned and occupied
the property as a single family dwelling for a period
of 5 years, or
(c) at least one owner occupant has owned and occupied
the property in a combination of occupancy as in
subsection (b) and (c) above that represents a total of
5 years residency.
Section 2. Section 325-10.H of the City of Ithaca Municipal Code
shall be amended as follows:
325-10.H. Standards for the Grant of an Accessory Apartment
Permit. The Board of Zoning Appeals shall use the applicable
standards found in section 325-9.D. of the Municipal Code in
considering the decision to grant or deny an accessory apartment
permit.
Section 3. Section 325-9.D. of the City of Ithaca Municipal Code
shall be amended as follows:
325-9.D. The Board shall deny a special permit in all instances
where it finds that a proposed use would have a significant
negative impact on traffic, congestion, property values,
municipal services, character of the surrounding neighborhood, or
the general plan for the development of the community. The
granting of a special permit may be conditioned on the effect the
use would have on traffic, congestion, property values, municipal
services or the general plan for the development of the
community. The applicant may be required by the Board to submit
plans for the site and for parking facilities and to disclose
other features of the applicant's proposed use so as to afford
the Board an opportunity to weigh the proposed use in relation to
July 1, 1998
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neighboring land uses and to cushion any adverse effects by
imposing conditions designed to mitigate them. If the Board finds
that the adverse effects cannot be sufficiently mitigated, then
the Board shall deny the special permit.
Section 4. Section 325-10.D.(8). of the City of Ithaca Municipal
Code shall be amended as follows:
(8) Deed restriction. Within thirty (30) days of an accessory
apartment permit, the owner(s) must record at the Tompkins County
Clerk's office a declaration of covenants on the subject
property, with cross-referencing to the original deed, and
provide proof of such recording and cross-referencing to the
Building Commissioner, who may then issue a building permit. The
declaration shall state that the right to use the property as a
two family dwelling ceases if the property is not occupied by the
owner of this real property for his or her legal full-time
residence as required by section 325-10.D. of the City of Ithaca
Municipal Code. The declaration shall go on to state that the
special permit granted by the Board of Zoning Appeals expires
unless renewed every three years as required by section 32 5-
10.C. of the City of Ithaca Municipal Code. The Building
Commissioner shall note the existence of an accessory apartment
on the record of the property.
Section 5. The first sentence of section 325-10.B.(1) of the City
of Ithaca Municipal Code shall be amended as follows with no
changes to the subsequent subsections:
B. Issuance of temporary permit.
(1) Application for an accessory apartment temporary permit
shall be made to the Board of Zoning Appeals in accordance
with the procedures of § 325-40 of this chapter. Application
shall also be made for a recommendation from the City
Planning and Development Board. Applications shall include
the following:
Section 6. 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
17.3 An Ordinance Amending Section 325-3 of Chapter 325 Entitled
“Zoning” the City of Ithaca Municipal Code, Regarding the
Definition of Dwelling, Owner-Occupied – Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, Common Council of the City of Ithaca will consider an
ordinance that will amend the Zoning Ordinance, 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 of Chapter 325 Entitled ‘Zoning’ of the City of
Ithaca Municipal Code, regarding the Definition of Dwelling,
Owner-Occupied” 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, August 5, 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
July 1, 1998
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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:
ORDINANCE 98-
BE IT ORDAINED AND ENACTED by the Common Council of City of
Ithaca, New York, as follows:
SECTION 1: That the definition of “DWELLING, OWNER-
OCCUPIED” contained in section 325-3 entitled “definitions and
word usage” of Chapter 325 entitled “zoning” of the City of
Ithaca Municipal Code shall be deleted.
SECTION 2: That the following definition shall be added
to section 325-3:
OWNER: In instances where owner-occupancy is
required, “owner” shall be defined as follows: A person who
maintains his/her principal residence in property for more than
six months of each calendar year and who is:
a. The sole owner of record of the property, as reflected
in a deed recorded in the Tompkins County Clerk’s Office; or
b. A tenant by the entirety or joint tenant with
right of survivorship, as reflected in a deed recorded in the
Tompkins County Clerk’s Office, or
c. A tenant in common of at least a 50% interest in the
property, as reflected in a deed recorded in the Tompkins
County Clerk’s Office, provided that such interest was
acquired:
i. For full market value, paid to the grantor; or
ii. By descent or devise following the death of the
former owner.
SECTION 3: This ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in the Ithaca City Charter.
17.4 An Ordinance Amending Zoning Ordinance Sections 325-3 and
325-41 of the City of Ithaca Municipal Code, regarding the Review
of Certain Awning and Canopy Encroachments by the Design Review
Board – Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, Common Council of the City of Ithaca will consider an
ordinance that will amend the Zoning Ordinance, and
WHEREAS, adoption of such an Ordinance is subject to a public
hearing; now therefore be it
July 1, 1998
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RESOLVED, That Ordinance 98-____entitled “Amending Zoning
Ordinance Sections 325-3 and 324-41 of the City of Ithaca
Municipal Code, regarding the Review of Certain Awning and Canopy
Encroachments by the Design Review Board,” is here by 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, August 5, 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)
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:
ORDINANCE 98- ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follow:
Section 1. Section 325-3 of the City of Ithaca Municipal Code
shall be amended by including new definitions as follows:
1) Standard Canopy - A non structural addition to the facade of
any building which is covered in fabric or other flexible
membrane. The fabric or membrane is supported by a rigid frame of
tubing or other non-combustible material. A standard canopy is
one that is constructed so that it cannot be retracted. Such
standard canopy may only project from the face of the structure
upon which it is mounted four (4) feet from the face of the
structure and be no higher than four (4) feet. The standard
canopy must be mounted on the face of the structure to provide
for an unobstructed clearance below the rigid frame of the
standard canopy of eight (8) feet above the sidewalk below. A
non-rigid valance may hang no greater than one foot below the
rigid frame.
2) Standard Awning - A non structural addition to the facade of
any building which is covered in fabric or other flexible
membrane. The fabric or membrane is supported by a rigid frame of
tubing or other non-combustible material. A standard awning must
be capable of being rolled up or retracted to within one (1) foot
of the face of the structure to which it is attached. Such
standard awning must not be capable of projecting from the face
of the structure upon which it is mounted more than four (4) feet
from the face of the structure and be no higher than four (4)
feet. The standard awning must be mounted on the face of the
structure to provide for an unobstructed clearance below the
rigid frame of the standard awning of seven (7) feet above the
sidewalk below. A non-rigid valance may hang no greater than one
foot below the rigid frame.
Section 2. Section 325-41.D.(6). shall be added to the City of
Ithaca Municipal Code to read as follows:
July 1, 1998
14
325-41.D.(6). However, Design Review Board review is not
required for any action that consists solely of the installation
of a standard canopy or a standard awning.
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.
17.5 Disposition of 119 Cleveland Avenue
By Alderperson Blumenthal: Seconded by Alderperson Shenk
Whereas, the property at 119 Cleveland Avenue has not been lived
in or maintained at a satisfactory level for habitation for a
number of months, and
Whereas, the City of Ithaca has searched in vain for the
property owner, Edward Irvin, and
Whereas, the City of Ithaca boarded up the residence at
119 Cleveland Ave. and declaring it to present a threat to
public health, safety and to the welfare of the immediately
surrounding residential neighborhood and the substantial
investment in Community Development Block Grant funds and other
initiatives the City has promoted to stabilize the Southside
residential neighborhood, and
Whereas, the Building Commissioner has filed a Certification of
Abandonment as called for in Section 1971 of Article 19-A of
Real Property Actions and Proceedings Law, and
Whereas, City has moved forward to take title to 119 Cleveland
Avenue pursuant to Article 19-A of Real Property Actions and
Proceedings Law, now therefore be it
RESOLVED, That the City will transfer title to the Ithaca Urban
Renewal Agency, and be it further
RESOLVED, That staff is authorized to determine a best use for
this property in order to promote the stabilization of this
Southside residential neighborhood, and be it further
RESOLVED, That prior to final disposition of this property, the
City will bear the cost of any required maintenance, and be it
further
RESOLVED, That to the extent there maybe outstanding tax
obligations bearing on this residence the City of Ithaca will
pay these balances on this residence.
Discussion followed on the floor with City Attorney Geldenhuys
answering questions regarding the taxable status of the property.
A vote on the Resolution resulted as follows:
Carried Unanimously
17.6 Southwest Area Land Use Plan GEIS – Report
Alderperson Blumenthal reported that she distributed copies of the
current draft of the scoping document dated June 18, 1998, which
includes public comments, to Council members. The Planning
Committee reviewed all of the comments and has incorporated many
July 1, 1998
15
of them. Planning Department staff are still reviewing the scope
and hope to have it completed in the next two weeks. Two issues
being researched are segmentation, also called cumulative
environmental impacts, and concerns about the economic impact on
the character of the community.
A “Request for Proposal” was distributed, and eight proposals were
received from consultants interested in this project. The
selection committee chose four of the eight consultants to
interview. Of the four consultants chosen, three have already
submitted plans and estimates.
Discussion followed on the floor regarding the make-up of the
Selection Committee.
18. COMMUNITY ISSUES COMMITTEE:
18.1 An Ordinance Amending Sections 164-9B and 164-9D of
Article III of Chapter 164 Entitled “Dogs and Other Animals” of
the City of Ithaca Municipal Code
By Alderperson Sams: Seconded by Alderperson Shenk
ORDINANCE NO. _____ OF 1998
AN ORDINANCE AMENDING SECTIONS 164-9B AND 164-9D OF ARTICLE III
OF CHAPTER 164 ENTITLED “DOGS AND OTHER ANIMALS” OF THE CITY OF
ITHACA MUNICIPAL CODE.
WHEREAS, the City Code of the City of Ithaca provides for
the regulation and controlling of the conduct and activities of
dogs within the City for purposes of promoting the public
health, safety and welfare of the community, including the
protection and preservation of the property of the City and its
inhabitants and of peace and good order; now, therefore, be it
BE IT ORDAINED AND ENACTED by Common Council of the City of
Ithaca, New York, as follows:
Section 164-9. Prohibited Acts. Any owner of a dog or any other
person who harbors any dog in the City of Ithaca shall be in
violation of this Article if such dog:
A. Is not restrained by an adequate collar and leash when not
on the property of the owner or any other person harboring or
having custody or control of the dog.
B. Engages in unreasonable habitual loud howling and/or
barking or otherwise conducts itself in such a manner as to
habitually disturb or annoy any person of reasonable
sensitivities other than the person owning or harboring such
dog.
Habitual howling or barking is defined as (a) continuous
howling and/or barking for ten (10) minutes or more in any one
(1) hour, or (b) ten (10) or more instances of howling and/or
barking, each instance lasting in duration for one (1) minute or
more, in any one (1) hour.
C. Causes damage or destruction to public or private property
or defecates (unless the solid waste is promptly picked up and
removed by the owner or other person responsible for the dog) or
otherwise commits a nuisance on public or private property other
than on the property of the person owning or harboring such dog.
This provision shall not apply for a service animal for people
with disabilities in performance of its trained duties.
July 1, 1998
16
D. Chases or otherwise harasses any person in such manner as
reasonably to cause intimidation or to put such person in
reasonable apprehension of bodily harm or injury when not on the
non-commercial property of the person owning or harboring such
dog.
E. Chases, leaps on or otherwise harasses:
(1) Any bicycle, motorcycle, automobile or any other vehicle or
device used by persons for travel or as a conveyance or any
riders or occupants thereof.
(2) Any cat, dog, or domestic animal.
F. Is unlicensed when six (6) months of age or older.
G. Is not wearing a current and valid New York State dog
license identification tag while at large, whether or not
restrained by an adequate collar and leash.
H. Is not redeemed within five (5) days after the owner has
been notified, either personally or by mail, that said dog has
been seized and impounded pursuant to the Agriculture and
Markets Law 118.
I. Harasses, attacks, annoys or otherwise interferes with a
service animal for people with disabilities, which provides
assistance for mobility, and other major life functions, to
people with disabilities.
Discussion followed on the floor with City Attorney Geldenhuys
explaining that the current version of the City’s Dog Ordinance
was declared unconstitutional by City Court on the basis that
the law was too vague.
Extensive discussion followed on the floor regarding the
definition of “reasonable sensitivities”, and enforcement
issues. A vote on the Ordinance resulted as follows:
Ayes (8) Shenk, Sams, Farrell, Blumenthal,
Vaughan, Marcham, Spielholz, Hershey
Nays (2) Manos, Taylor
Carried
18.2 An Ordinance to Amend Chapter 12 of the Municipal Code of
the City of Ithaca, entitled “Bicycle/Pedestrian Advisory
Council”
By Alderperson Sams: Seconded by Alderperson Manos
ORDINANCE 98-
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca as follows:
I. Repeal
The former Chapter 12 of the City of Ithaca Municipal Code,
previously adopted by resolution, is hereby repealed in its
entirety.
II. New Enactment
A new Chapter to be known and designated as Chapter 12
entitled “BICYCLE/PEDESTRIAN ADVISORY COUNCIL” 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:
July 1, 1998
17
1. Bicycling and walking are efficient, clean, healthy,
inexpensive, non-congesting means of transportation, which
benefit the City of Ithaca and its citizens, including, but not
limited to, not to use a car, people with disabilities, the
elderly, and children.
2. The City of Ithaca currently lacks a system of safe,
efficient bikeways and multi-use paths for recreation, errands,
and commuting, and there are gaps in the sidewalk and crosswalk
system for pedestrians.
3. Bicycle lanes have been shown in other cities to
increase ridership and improve safety.
4. The New York State Department of Transportation Design
manual (sections 18.01 and 18.08.01) states that "whenever a
highway is being constructed, reconstructed, or rehabilitated
and there is existing or anticipated pedestrian or bicyclist
traffic, the designer should evaluate what type of facility
would provide for safe and convenient pedestrian or bicycle
travel.
5. Accommodation and promotion of safe, legal bicycle and
pedestrian travel, and travel by people with disabilities on
Ithaca's street, sidewalk, and recreation way systems deserves
formal attention from the city.
6. According to 1990 Census Bureau statistics, almost half
of city "journey to work trips" are pedestrian, and Ithaca had
the highest rate of bicycle use for "journey to work trips"
among urban areas in New York State.
7. Intermodal Surface Transportation Efficiency Act funds
will be available for bicycle and pedestrian enhancements.
8. It can mutually benefit and be more effective for
bicyclists, pedestrians and people with disabilities to work
together.
9. A shift in mode choice from automobiles toward
bicycling
and walking to meet the transportation needs of people within
the city will contribute to improved health, a cleaner
environment, reduced demands on the infrastructure, and a
generally improved quality of life.
10. Traffic congestion is increasing in Ithaca,
neighborhoods are asking for traffic calming, and business
districts can benefit from making streets cyclist and pedestrian
friendly, and accessible to people with disabilities.
Section 2. Definitions
The terms “bicycle” and “bicyclists” shall include unmotorized
bicycles, tricycles, unicycles, four-wheeled cycles and the
persons operating them, as well as motorized wheelchairs,
scooters, and carts operated by people with disabilities.
Section 3. Appointment and membership.
The Mayor, with the approval of the Common Council, shall
appoint a Bicycle/Pedestrian Advisory Council to be composed of
eleven (11) voting members who are interested in finding
cooperative solutions for the problems facing cyclists,
pedestrians and people with disabilities. At least five (5)
members shall be active bicyclists, and at least four (4)
members shall be active pedestrians. One member shall be a
member of the Disability Advisory Council. The eleventh member
shall be a member of the Board of Public Works. There shall be
four (4) non-voting members, consisting of the traffic engineer
July 1, 1998
18
and one representative of each of the following: Common Council,
the Parks Commission and the Planning and Development Board.
Section 4. Terms of office.
Terms of office for the Bicycle Advisory Council shall be
three (3) years, except that of the initial appointments, three
(3) shall expire on December 31, 1998, four (4) on December 31,
1999, and four (4) on December 31, 2000.
Section 5. Duties.
The Bicycle/Pedestrian Advisory Council shall be charged with
the following:
A. To regularly review ongoing and upcoming city projects and
advise the Board of Public Works, Common Council, the Planning
and Development Board, the Parks Commission, and other
appropriate city bodies on bicycle and pedestrian issues,
including issues faced by people with disabilities, to ensure
that all city projects accommodate and encourage safe and legal
travel by bicycles, pedestrians and people with disabilities.
B. To advocate for implementation of city plans for bicycle
travel, pedestrian travel, travel by people with disabilities,
and traffic calming.
C. To make and advocate for other recommendations regarding
cyclists, pedestrians and people with disabilities.
D. To make quarterly reports to Common Council about how recent
transportation projects affect cyclists, pedestrians and people
with disabilities.
Section 6. Effective Date
This Chapter shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca
City Charter.
Extensive discussion followed on the floor regarding the make-up
of the Council, membership terms and the definition of
“bicycles” and “bicyclists”. A vote on the Ordinance resulted
as follows:
Carried Unanimously
19. BUDGET AND ADMINISTRATION COMMITTEE:
19.1 Request to Approve Permit for Sale of Alcoholic Beverages in
Conjunction with an Outdoor Dining Permit
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, in the past the City of Ithaca has issued a licenses to
restaurants to utilize certain areas along the Secondary Commons
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 Dano’s on Cayuga, including the
responsible sale and consumption of alcohol, is desirable, and
July 1, 1998
19
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
permit for the outdoor sale and consumption of alcohol for Dano’s
on Cayuga 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
an outdoor dining permit.
Carried Unanimously
19.2 City Attorney - Request Approval to Settle Lawsuit
By Alderperson Marcham: Seconded by Alderperson Vaughan
RESOLVED, Common Council hereby authorizes the City Attorney's
office to settle a pending lawsuit, entitled Iverson v. The City,
regarding alleged delays in the construction of the Haley pool for
an amount not to exceed $35,000, and be it further
RESOLVED, That the City Controller is hereby directed to
appropriate the funds for said lawsuit from the applicable
accounts.
Carried Unanimously
19.3 City Attorney - Request Funds for Outside Legal Assistance
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, the Assistant City Attorney has resigned effective on or
about August 3, 1998, and
WHEREAS, the City Attorney’s Office is in need of assistance to
provide legal services until a replacement has been appointed, and
WHEREAS, the sum of $25,886.52 remains in the salary line for the
Assistant City Attorney’s salary for the period from August 3,
1998 to December 31, 1998, now therefore be it
RESOLVED, That the City Attorney’s Office is authorized to enter
into a contract with Patricia Dunn as an independent contractor
for the period from July 27, 1998 to December 31, 1998 for legal
services, to be reimbursed at the rate of $30.00 per hour, for a
total amount not to exceed $25,886.52, and be it further
RESOLVED, That the sum of $25,886.52 shall be transferred from
Account A1420-5105 (City Attorney salaries) to Account A1420-5435
(City Attorney Contracts), and be it further
RESOLVED, That Patricia Dun is hereby designated as Acting
Assistant City Attorney commencing on August 1, 1998.
Carried Unanimously
Alderperson Shenk thanked Assistant City Attorney Kennedy for her
hard work and dedication throughout the years.
19.4 City Clerk - Request Funds for Advertising Expenses
By Alderperson Marcham: Seconded by Alderperson Hershey
WHEREAS, the City Clerk's 1998 Budget for advertising expense of
$2,500 has been fully expended due to the large number of City
Charter and Code amendments made by Common Council to date, and
July 1, 1998
20
WHEREAS, it has been estimated that another $1,800 in expenses
will be needed for the remainder of 1998; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of an
amount not to exceed $1,800 from Account A1990 Unrestricted
Contingency to Account A1316-5450 Advertising for said advertising
expenses, and be it further
RESOLVED, That the 1999 Legislative Budget incorporate appropriate
funding for legislative advertising to better reflect the
legislative programs total cost.
Carried Unanimously
19.5 Fire Department - Request Funds for 175th Anniversary
Celebration
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, the Ithaca Fire Department is celebrating its 175th
anniversary this year, and
WHEREAS, the members of the Ithaca Fire Department have planned
several events and activities to celebrate this notable event, and
WHEREAS, these activities include the sharing and stewardship of
the proud history of the Ithaca Fire Department, and
WHEREAS, Tompkins County has provided funds to localities for such
purposes, and
WHEREAS, the Ithaca Fire Department has raised over $4,000 towards
their goal; now, therefore, be it
RESOLVED, That Common Council hereby appropriates $1,500 of the
funds provided by Tompkins County for use by the Ithaca Fire
Department in celebrating its 175th anniversary, and be it further
RESOLVED, That Common Council authorizes and encourages the Ithaca
Fire Department to seek additional funding in the amount of $500
directly from Tompkins County in recognition of the anniversary
nature of the event, such amount having been designated in County
resolution 103 of 1998, and be it further
RESOLVED, That the Controller be directed to make all necessary
transfers for said purpose.
Carried Unanimously
19.6 An Ordinance Amending Fire Prevention Ordinance Sections
181-3 of the City of Ithaca Municipal Code, regarding addition of
fees for Master Box Connections to Municipal Fire Alarm System,
Paragraph C
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, the Ithaca Fire Department has maintained a municipal
fire alarm system for many years, and
July 1, 1998
21
WHEREAS, the costs of operating and maintaining this system have
been borne solely by the Ithaca Fire Department, as part of its
approved annual expenditures, and
WHEREAS, the Common Council is seeking additional revenue to
help offset increasing costs and declining tax base, and
WHEREAS, in response to this request, the Fire Chief has
recommended a mechanism to assess an annual fee to the owners of
buildings afforded protection by the City’s municipal fire alarm
system, such protection being the interconnection of a building
fire alarm, fire detection, or fire suppression system to the
City’s system via a master fire alarm box; now, therefore,
ORDINANCE 98-
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1. Section 181-3 of Chapter 181 Entitled “Fire
Prevention” is hereby amended to add a new paragraph “C” which
reads as follows:
C. Fees for Master Box Connections to Municipal Fire Alarm
System
(1) An annual fee shall be assessed to each premise, which has
a master fire alarm box, which interconnects the building fire
alarm system with the municipal fire alarm system. This fee
shall be the reasonable and expected costs associated with the
maintenance of the municipal fire alarm system, as developed
through the program budget accounting system. This cost will be
divided by the number of master fire alarm boxes connected to
the system, as documented by the Fire Chief. The fee for a
master box connection shall be calculated each year and approved
by the Board of Fire Commissioners. Upon approval, the Fire
Chief shall send notices of such charge and the locations of
each master box to the City Chamberlain, but not sooner than
March 1st of each year.
(2) The property owner shall be billed for the annual fee as
established in (1) above. This fee shall be paid to the City
Chamberlain within thirty (30) days of the billing date. If the
required fee is not paid within thirty (30) days of the billing
date, the City Chamberlain shall enter the same as a lien
against the premises as provided in Section C-54 of the Charter
of the City of Ithaca. The Chamberlain shall add the same to
the next assessment roll of general city taxes and shall collect
and enforce the assessment in the same manner and by the same
proceedings, at the same time and with the same penalty as the
general city tax and as part thereof, except that, in addition
to the penalties provided for in the aforementioned provisions,
interest shall accrue from the date of billing to the date of
actual payment at twelve percent (12%) per annum or three
dollars ($3.) per month, whichever is greater.
Carried Unanimously
19.7 An Ordinance Amending Section 210-32 E Entitled “Fire
Protection Systems”, Subdivision 7(b) Entitled “Effective Dates”
July 1, 1998
22
of Chapter 210 Entitled “Housing Standards” of the City of
Ithaca Municipal Code
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, Common Council believes that a more restrictive standard
than the New York State Uniform Fire Prevention and Building Code
is a necessary part of the City’s overall fire prevention
strategy, and
WHEREAS, Section 210-32.E of the City of Ithaca Municipal Code was
amended on January 4, 1995 by Ordinance number 95-1 which provided
for the city’s Smoke/Heat Detection Ordinance to further the
City’s fire prevention goals, and
WHEREAS, Ordinance 95-1 required compliance with the amended
section 210.32.E in existing one and two-family structures,
multiple dwellings and mixed use structures by August 15, 1996,
and
WHEREAS, the effective date was changed because of a decision of
Tompkins County Supreme Court Judge Phillip Rumsey which prohibits
enforcement of the Ordinance in five properties that have not yet
complied with the ordinance had been received, and
WHEREAS, the city has filed an appeal of Judge Rumsey’s decision
which has not yet been heard, and
WHEREAS, Common Council believes that to continue to be fair to
other property owners that have not yet installed the required
equipment the effective date should be extended to allow for a
decision on the city’s appeal to be received, therefore,
BE IT ORDAINED, That Ordinance 96-13 of the City of Ithaca, New
York, Section 210-32.E. 7(b) be changed as follows:
Ordinance 98 -
BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca as follows:
Section 1. That the current footnote (c) to Section
210-32 E be amended to read as follows:
Existing one- and two-family structures, multiple dwellings and
mixed use structures shall comply with the provisions of section
210-31 E by August 15, 1999, provided that the requirements
shall remain effective as of January 1, 1995.
Section 2. This Ordinance shall take effect immediately
in accordance with law upon publication of a notice as provided
in the Ithaca City Charter.
Carried Unanimously
19.8 DPW - Establish Capital Project for Roof Replacement
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, the roof of the City's Streets and Facilities Building is
in need of repair prior to the upcoming winter season, and
WHEREAS, several attempts have been made to correct the leaking
roof without complete elimination of leaks, and
July 1, 1998
23
WHEREAS, the situation represents a hazardous condition as water
runs down the interior walls and into electric panels, and
WHEREAS, the DPW has established a total cost estimate for roof
replacement in the amount of $93,500; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the establishment
of Capital Project #368 Streets & Facilities Roof Replacement in
an amount not to exceed $93,500 for said purpose, and be it
further
RESOLVED, That the funds necessary for said roof replacement shall
be derived from the issuance of Serial Bonds.
Carried Unanimously
19.9 DPW - Authorization for DOT Funding Agreement - Stewart
Avenue Bridge
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, a Project for the replacement of the STEWART AVENUE
BRIDGE, B.I.N. 2210570, P.I.N. 375283, T.I.P. 98-7 for $526,000
("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 of 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 266 in 1993 for
painting and rehabilitation of the Stewart Avenue 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 cope change required to complete the project;
now, therefore, be it
RESOLVED, That Common Council hereby reauthorizes Capital Project
266 in the amount of $526,000, and be it further
RESOLVED, That the Mayor is 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 is
authorized to sign all necessary construction document, contracts,
certifications and reimbursement requests contingent on
reauthorization of the capital project by Common Council, and be
it further
RESOLVED, That this project is being 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 $26,300, of the $526,000 authorized for the project,
July 1, 1998
24
in monies and in kind services, as managed by the Superintendent
and monitored by the City Controller.
Carried Unanimously
19.10 Planning and Development - Request to Transfer Funds
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, the vacant position of Director of Economic Development
has given the Planning Department additional funds in its salary
accounts, and
WHEREAS, $10,000 in funds are needed to cover a 1998 consulting
contract approved during the 1998 Budget process; now, therefore,
be it
RESOLVED, That Common Council hereby authorizes an amount not to
exceed $10,000 be transferred from Account A8020-5105 Admin Salary
to Account A8020-5435 Contracts for purposes of covering said
consultant contract.
Carried Unanimously
19.11 Planning and Development - Appointment of Director of
Economic Development
By Alderperson Marcham : Seconded by Alderperson Blumenthal
RESOLVED, That Douglas McDonald be and hereby is appointed to the
position of Director of Economic Development, effective
August 17, 1998, at a 1998 annual salary of $59,500, and be it
further
RESOLVED, That upon his appointment, Mr. McDonald shall be
credited with a one-time allocation of six hundred hours (600) of
sick time to be used by employee if he becomes unable to work due
to sickness or accident, but cannot be applied to retirement
benefits at such time of retirement or departure from the City,
and be it further
RESOLVED, That an amount not to exceed $1,500 in moving expenses
shall be allocated to the employee to relocate to the City of
Ithaca, and be it further
RESOLVED, That the position of Director of Economic Development be
designated as a managerial position pursuant to Section 201.7(a)
of the New York State Civil Service Law.
Carried Unanimously
19.12 Personnel - Appointment of Director of Human Resources
By Alderperson Marcham : Seconded by Alderperson Shenk
RESOLVED, That Schelley E. Michell-Nunn be and hereby is appointed
to the position of Director of Human Resources, effective
July 6, 1998, at an annual salary of $69,500, and be it further
RESOLVED, That upon her appointment, Ms. Michell-Nunn shall be
credited with a one-time allocation of forty (40) hours of annual
leave, and be it further
RESOLVED, That Ms. Michell-Nunn will earn annual leave at 20 hours
per month for the first sixty (60) months of City employment,
17 hours per month for the next twelve (12) months of City
employment, after which time she will earn annual leave on a
monthly basis according to the most current schedule for
July 1, 1998
25
managerial personnel for Length of Service year seven (7) and
beyond, and be it further
RESOLVED, That, for all other fringe benefits, she will follow the
current benefit package approved for managerial personnel not
covered by a bargaining unit, and be it further
RESOLVED, That the position of Director of Human Resources be
designated as a managerial position pursuant to Section 201.7(a)
of the New York State Civil Service Law.
Carried Unanimously
19.13 Personnel – Appointment of Deputy Director of Human
Resources – Resolution
By Alderperson Marcham: Seconded by Alderperson Vaughan
RESOLVED, That Valerie W. Saul be and hereby is appointed to the
position of Deputy Director of Human Resources (27 hours/week),
effective July 6, 1998, at an hourly rate of $27.3049/hour, and be
it further
RESOLVED, That the position of Deputy Director of Human Resources
be designated as a managerial position pursuant to Section
201.7(a) of the New York State Civil Service Law.
Motion to Table
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
RESOLVED, That this resolution be tabled until a salary range
can be established for the Deputy Director of Human Resources.
Carried Unanimously
19.15 Local Law # of 1998, Amending Local Law #4 of 1992 and
Chapter 263, Entitled “Sewer Use Requirements”, of the City of
Ithaca Municipal Code
By Alderperson Marcham: Seconded by Alderperson Manos
Local Law #_____ of 1998, Amending Local Law #4 of 1992 and
Chapter 263,
Entitled “Sewer Use Requirements,” of the City of Ithaca
Municipal Code.
WHEREAS, Common Council passed Local Law #4 on September 2,
1992, entitled “Sewer Use Requirements,” which added Chapter
263, also entitled “Sewer Use Requirements,” to the City of
Ithaca Municipal Code; and
WHEREAS, Local Law #4 of 1992 stated it would become effective
upon approval by the U.S. Environmental Protection Agency; and
WHEREAS, the U.S. Environmental Protection Agency approved this
law on March 19, 1998, with the changes set forth below; now,
therefore, be it
RESOLVED, that Local Law #4 of 1992 and Chapter 263, entitled
“Sewer Use Requirements,” of the City of Ithaca Municipal Code
are hereby amended to reflect these changes as follows:
Section 1. Section 3.A.(28), entitled “Pretreatment
Requirement,” is amended as follows:
3.A.(28) Pretreatment Requirement. Any substantive or
procedural requirement related to Pretreatment, other than a
National Pretreatment Standard, imposed on an Industrial User.
July 1, 1998
26
Section 2. Section 5.(B), entitled “Specific Discharge
Prohibitions,” is amended as follows:
5.(B) Any liquids, solids, or gases which by reason of
their nature or quantity are, or may be, sufficient either alone
or by interaction with other substances to cause a fire or
explosion hazard in the POTW or be injurious in any other way to
the POTW, its operation, or the health or safety of the POTW’s
workers. At no time shall a User discharge a wastestream with a
closed cup flashpoint of less than 140 degrees Fahrenheit or 60
degrees Centigrade using the test methods specified in 40 C.F.R.
§ 261.21. Unless specifically authorized to do so by permit, no
User shall discharge any quantity of the following materials:
gasoline, kerosene, naphtha, benzene, toluene, xylene, fuel oil,
ethers, ketones, aldehydes, chlorates, perchlorates, bromates,
carbides, hydrides and sulfides, dry cleaning fluids, and any
other substance which the Chief Operator, DEC, or the EPA has
notified the User is a fire hazard or explosive hazard to the
system. The preceding list of substances is not a comprehensive
list of prohibited substances. If a substance meets the general
criteria set out in the first two sentences of this
subparagraph, it is prohibited.
Section 3. Section 5.(J), entitled “Specific Discharge
Prohibitions,” is amended as follows:
5.(J) Heat in amounts which will inhibit biological
activity in the POTW resulting in Interference, but in no case
heat in such quantities that the temperature at the POTW
Treatment Plant exceeds 40° C (104° F).
Section 4. Section 7, entitled “Categorical Pretreatment
Standards,” is amended as follows:
7. Categorical Pretreatment Standards
Categorical Pretreatment Standards which EPA has
promulgated for specific industrial subcategories are hereby
incorporated by reference. Where Categorical Pretreatment
Standards are more stringent than the local limits, Industrial
Users in those subcategories shall comply with the more
stringent Categorical Pretreatment Standards in accordance with
the compliance timetables for each Categorical Pretreatment
Standard mandated by EPA.
Section 5. Sections 16.(O) and 16.(P), entitled “Permit
Application Requirements,” are amended and added, respectively,
as follows:
16.(O) A list of any environmental control permits held by or
for the User;
(P) Any other information as may be deemed by the Chief
Operator to be necessary to evaluate the permit application.
July 1, 1998
27
Section 6. Section 22.(A-C), entitled “Reporting
Requirements,” is amended as follows:
22. Reporting Requirements
All Industrial Users must submit the reports required by
40 C.F.R. Part 403 or the Chief Operator. The Chief Operator
shall specify the content of such reports to the Industrial
Users.
These reports include the following:
A. Baseline monitoring reports, to be submitted by
existing Industrial Users subject to Categorical Pretreatment
Standards within one hundred eighty (180) days after the
effective date of the Categorical Pretreatment Standard. These
reports are to be submitted by New Sources and sources that
become Industrial Users after the promulgation of an applicable
Categorical Pretreatment Standard, at least ninety (90) days
prior to commencement of discharge. These reports shall contain
the information required in 40 C.F.R. § 403.12(b), including a
statement whether Pretreatment Standards are being met on a
consistent basis, and, if not, whether additional O&M and/or
additional pretreatment is required for the Industrial User to
meet the Pretreatment Standards and Requirements. This
statement shall be reviewed by an Authorized Representative of
the Industrial User and certified to by a qualified
professional.
B. Report on compliance with Categorical Pretreatment
Standards, to be submitted by existing sources within ninety
(90) days following the date for final compliance with an
applicable Categorical Pretreatment Standard, or in the case of
a New Source, following commencement of the introduction of
wastewater into the POTW. This report shall contain the
information required in 40 C.F.R. §403.12(d), including the
nature and concentration of all pollutants in the discharge from
each regulated process, and the average and maximum daily flow
for these process streams. This report further shall state
whether Pretreatment Standards are being met on a consistent
basis, and, if not, whether additional O&M and/or additional
pretreatment is required for the Industrial User to meet the
Pretreatment Standards and Requirements. This statement shall
be reviewed by an Authorized Representative of the Industrial
User and certified to by a qualified professional.
C. Periodic reports on continued compliance, to be
submitted by all permitted Industrial Users subject to
Pretreatment Standards or Pretreatment Requirements after the
compliance date of such Standard or Pretreatment Requirement,
or, in the case of a New Source, after commencement of the
discharge into the POTW. All such Industrial Users shall submit
such reports to the Chief Operator during the months of June and
December, unless required more frequently or at different times
in the Pretreatment Standard, Pretreatment Requirement, or by
the Wastewater Discharge Permit. All Industrial Users must
include in such reports all sampling results for pollutants
limited by a Pretreatment Standard, Pretreatment Requirement, or
Wastewater Discharge Permit, if the sampling and analyses were
July 1, 1998
28
performed in accordance with § 24 of this law, even if the
sampling was performed more frequently than required by the
Pretreatment Standard, Pretreatment Requirement, or Wastewater
Discharge Permit. In addition, such reports shall include a
record of measured or estimated average and maximum daily flows
for the reporting period.
Section 7. Section 42, entitled “Legal Action,” is amended
as follows:
42. Legal Action
If any person violates the provisions of this law, the
Act, any applicable Pretreatment Standards or Pretreatment
Requirements, the conditions and requirements of any Wastewater
Discharge Permit issued hereunder, or any order of the Chief
Operator, Special Joint Subcommittee, or municipality, counsel
for the municipality where such person is located (or counsel
for any of the municipalities, if such person is not located in
any of the municipalities) may commence an action for
appropriate legal and/or equitable relief, including, but not
limited to, injunctive relief, penalties, and fines, in either
state or federal court.
Section 8. Effective Date.
This local law shall take effect immediately in accordance
with law upon.
Carried Unanimously
19.16 Local Law # of 1998, Amending Local Law #5 of 1992 and
Article X of Chapter 263, Entitled “Local Pollutant
Limitations,” of the City of Ithaca Municipal Code
By Alderperson Marcham: Seconded by Alderperson Shenk
Local Law #_____ of 1998, Amending Local Law #5 of 1992 and
Article X of Chapter 263, Entitled “Local Pollutant
Limitations,” of the City of Ithaca Municipal Code
WHEREAS, Common Council passed Local Law #5 on September 2,
1992, which added Article X to Chapter 263, entitled “Local
Pollutant Limitations,” of the City of Ithaca Municipal Code;
and
WHEREAS, Local Law #5 of 1992 stated it would become
effective upon approval by the U.S. Environmental Protection
Agency; and
WHEREAS, the U.S. Environmental Protection Agency approved
this law on March 19, 1998, with the changes set forth below;
NOW, THEREFORE, BE IT RESOLVED, that Local Law #5 of 1992
and Article X of Chapter 263, entitled “Local Pollutant
Limitations,” of the City of Ithaca Municipal Code are hereby
amended to reflect these changes as follows:
Section 1. Section 1.A., entitled “Purpose and
Applicability,” is amended as follows:
1. Purpose and Applicability
A. The purposes of this law are to set forth
specific discharge limitations (hereafter referred to as local
limits) to prevent Pass Through and Interference, to protect the
safety and health of workers at the Ithaca Area Wastewater
July 1, 1998
29
Treatment Facility (POTW), and to improve opportunities to
recycle and reclaim municipal and industrial wastewaters and
sludges.
Section 2. Section 2, entitled “Definitions,” is amended
as follows:
2. Definitions
The definitions set forth in article 1 (Local Law No. 4
1992), Section 3, as they may be revised from time to time,
shall apply to the words in this chapter.
Section 3. Section 3, entitled “Specific Pollutant
Limitations,” is amended as follows:
3. Specific Pollutant Limitations
These local limits shall apply at each point of discharge
to the sewerage system. In no case shall a User’s discharge to
the POTW violate the following specific limitations:
MAXIMUM MAXIMUM
CONCENTRATION CONCENTRATION
30-DAY AVERAGE 24-HOUR AVERAGE
POLLUTANT (mg/l) (mg/l)
Arsenic 0.6
Barium 80 240
Cadmium 2.5 7.5
Chromium, total 8 24
Chromium, hexavalent 1 3
Copper 2 6
Cyanide 0.2 0.6
Iron 180 540
Lead 20
Manganese 8 24
Mercury 1.5 4.5
Nickel 10
Silver 6 18
Zinc 20 35
DISCHARGE LIMIT
INSTANTANEOUS
POLLUTANT (ppm)
Oil & Grease 50
(petroleum based)
Section 4. Section 4, entitled “Applicability of Other
Requirements and Prohibitions,” is amended as follows:
4. Applicability of Other Requirements and Prohibitions
July 1, 1998
30
All Users further shall comply with all other requirements
and prohibitions regarding discharges to the POTW set forth in
the other local laws, including those specified in Local Law No.
4 (1992), as it may be revised from time to time.
Section 5. This local law shall take effect immediately in
accordance with law upon.
Carried Unanimously
NEW BUSINESS
20.1 City Wide Effort to Enforce Compliance with the Local
Truck Ordinance
By Alderperson Farrell: Seconded by Alderperson Blumenthal
WHEREAS, violations of the existing ordinance regulating truck
traffic in the City of Ithaca are commonplace, with significant
negative impacts on the quality of neighborhood life, damage to
the physical integrity of the housing stock on the city’s
heavily traveled residential streets, and accelerated wear and
tear on the surfaces of city streets, and
WHEREAS, Common Council endorses the Board of Public Works plan
to improve enforcement of the existing ordinance regulating
truck traffic in the city by posting clear, simple signage,
training police officers, and educating area truck fleets as
well as businesses and institutions which are major truck
destinations in the city and Tompkins County, and
WHEREAS, this plan was produced by the BPW in consultation with
representatives of the Ithaca Police Department, City
Prosecutor, City Court, and city residents; all of whom have
concluded that enforcement of this ordinance requires that a
plan including the elements of the BPW proposal be undertaken,
and
WHEREAS, the implementation of the plan is to be paid for within
the existing budget of the Department of Public Works, now
therefore be it
RESOLVED, That Common Council endorses the plan outlined by the
Board of Public Works for citywide enforcement of the existing
ordinance regulating truck traffic in Ithaca, and be it further
RESOLVED, That Common Council authorizes the Mayor and Traffic
Systems Engineer to submit a written request to the New York
State Department of Transportation to obtain permission to post
signs on and near state numbered routes directing truck traffic
onto designated truck routes and directing it away from other
local streets in order to maximize the effectiveness of our
citywide effort to enforce compliance with the local truck
ordinance, and be it further
RESOLVED, That Common Council directs all City departments which
operate vehicles covered by the existing truck ordinance to
require that drivers of such vehicles comply with the ordinance
by using designated truck routes whenever possible and limiting
their use of other streets to pickup and delivery in the
immediate neighborhood.
Carried Unanimously
July 1, 1998
31
Alderperson Shenk requested letters be sent to Tompkins County,
Ithaca City School District, and recycling trucks to request
compliance.
20.2 Appointment of Marriage Officer
By Alderperson Sams: Seconded by Alderperson Manos
RESOLVED, That Rochella Thorpe be appointed as a Marriage
Officer with a term to expire August 31, 1998.
Carried Unanimously
EXECUTIVE SESSION
By Alderperson Vaughan: Seconded by Alderperson Hershey
RESOLVED, That Common Council adjourn into Executive Session to
discuss personnel items and collective bargaining agreements.
Carried Unanimously
RECONVENE
Common Council reconvened into regular session bringing forth
the following items:
Resolution
By Mayor Cohen : Seconded by Alderperson Vaughan
RESOLVED, That the ratification of the CSEA DPW contract be
approved.
Carried Unanimously
Resolution
By Mayor Cohen : Seconded by Alderperson Vaughan
RESOLVED, That the Mayor be granted authorization to sign a
grant application for the Department of Justice Block Grant
Program in the amount of $17,662 and authorization for the City
of Ithaca to provide matching funds in the amount of $1,962.44
for the purpose of funding the Drug Court Coordinator.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:45 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor