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HomeMy WebLinkAboutMN-CC-1998-10-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. October 7, 1998 PRESENT: Mayor Cohen Alderpersons (9) Shenk, Sams, Blumenthal, Marcham, Hershey Manos, Farrell, Vaughan, Spielholz OTHERS PRESENT: City Clerk – Conley Holcomb Acting Assistant City Attorney – Dunn City Controller – Cafferillo Planning and Development Director – Van Cort Superintendent of Public Works – Gray City Chamberlain – Parsons Fire Chief – Wilbur EXCUSED: Alderperson Taylor PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration: Alderperson Marcham requested that Item 18.5 - Historic Ithaca Request Concerning State Street Theater – Report be moved to the beginning of the Budget and Administration agenda, and that the Executive Session be moved to the end of the meeting. No Council member objected. SPECIAL ORDER OF BUSINESS: A Public Hearing to Consider the Bicycle Plan Adoption Resolution to Open Public Hearing By Alderperson Manos: Seconded by Alderperson Shenk RESOLVED, That the public hearing to consider the Bicycle Plan Adoption be declared open. Carried Unanimously The following people addressed Common Council: Charles Elliot, City of Ithaca Jack Claiborne, City of Ithaca Fredrick Bouchet, City of Ithaca Art Levy, City of Ithaca David Nutter, City of Ithaca Sandy Wold, BAC/BPAC Fay Gougakis, City of Ithaca Yarrow Nelson, Town of Ithaca Resolution to Close Public Hearing By Alderperson Vaughan: Seconded by Alderperson Hershey RESOLVED, That the public hearing to consider the Bicycle Plan Adoption is hereby declared closed. Carried Unanimously October 7, 1998 2 PRIDE OF OWNERSHIP AWARDS: Alderperson Blumenthal presented the Pride of Ownership Awards sponsored by the City of Ithaca and the Ithaca Rotary Club. The program recognizes property owners who develop projects or take care of their properties in ways that enhance the physical appearance and quality of life in City neighborhoods and commercial areas. The Pride of Ownership Awards is a new project started this year. Awards are being given for properties located within the City of Ithaca in three categories: Commercial Projects, Rental Housing, and Owner-Occupied Housing. Nominations were judged by a committee of representatives from the Rotary Club and City of Ithaca. Committee members included Chair, Alderperson Susan Blumenthal, Jack Burns, Martha Preston, Katie Ross, Jagat Sharma, and Scott Whitham. The award winners will receive an original drawing of their properties by Ithaca Artist Bill Dietz, with framing done by MasterCraft Framers and Mike Theusen. The winners of this year’s awards are: Bill Lower and Vince Mulcahey for rental housing Laurie Conrad and Mariette Geldenhuys, and Tyler Reese for owner-occupied housing Greenstar Cooperative Market and Madeline’s Restaurant for the commercial projects Mayor Cohen thanked Susan Blumenthal and congratulated the award winners. YOUTH AWARD: Alderpersons Shenk and Manos presented the October 1998 City of Ithaca Distinguished Youth Award to the Orange Tree Theater, a group dedicated to theater that is written, produced, and performed by young people. Current members of the Board of Directors are: Grace Ritter, Danika Wood, Cameron Bowers, Jessie Thaler, Sarah Kavanaugh, Hope Darcie-Martin, Skye Humphries, John Donk, and Chenda Cope. This group of young people is responsible for all aspects of this completely youth run enterprise. Orange Tree Theater, which just successfully completed its sixth season, was launched largely through the efforts of Raif Terrizi and Kate Weisburd. Young people between the ages of 8 and 18 are eligible to participate. The age range among current board members is 14-18. The program has two main components. A summer touring troupe called the traveling Tangerines tours local summer camps and daycare centers. The group also produces a major stage show each year. Last spring the group was invited to New York City to perform in an off-Broadway Theater. They performed “Night Out,” a play written by local playwright Carl Jarrow. Grace Ritter thanked the City of Ithaca for the award as she feels that a lot of young people don’t get recognition. Mayor Cohen congratulated the winners and thanked Alderpersons Shenk and Manos for their work. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Guy Gerard, City of Ithaca – Tompkins County Public Library Joel Harlan, Town of Dryden - Cornell University’s 65 million dollar dorm project and Ithaca College growth Fay Gougakis, City of Ithaca – Tompkins County Public Library, Post Office Bulletin Board David Nutter, City of Ithaca - University Avenue concerns in terms of the Bike Plan, appreciation of local roadside gardens October 7, 1998 3 RESPONSE TO THE PUBLIC: Alderperson Shenk thanked David Nutter and Sandy Wold for their work on the Bike Plan. She believes it will bring positive things and is a step forward for the City. Alderperson Blumenthal responded to issues relating to the Tompkins County Public Library. The County asked for an engineering review as to whether the library building could hold a second story, and they determined it could not. Alderperson Spielholz thanked the citizens for their input on the library issue. Mayor Cohen responded to statements made about his attendance at the County Board meeting regarding the library issue. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Manos expressed her concern about the current vacancy on the Planning Board and expressed the need to fill it as quickly as possible. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen proclaimed October 11, 1998 as Coming Out Day in the City of Ithaca. Mayor Cohen proclaimed October 4-10, 1998 as Fire Prevention Week in the City of Ithaca. Mayor Cohen presented Fire Chief Wilbur with a certificate from the National Fire Academy for successful completion of the requisite courses of study and applied research projects under the authority granted by the 93rd Congress of the United States. On recommendation of the faculty, the title of Executive Fire Officer is conferred upon Brian H. Wilbur with all the honors, privileges, and responsibilities thereunto and pertaining. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Fire Commissioners Cynthia Yahn reported on Board of Fire Commissioner discussions including administration issues, such as career personnel, the budget, capital projects, fire prevention, cause and origin, safety, response, support, training, and volunteer services every month. She reported that a False Alarm Task Force will be formed by the Fire Department staff that will include representatives of Cornell University, rental property owners, electrical contractors, residents, electrical inspectors, and the Building Department. The Fire Department will be soliciting additional comment regarding the Place of Assembly Permit proposal from Cornell University, restaurant and tavern owners, churches, and other place of assembly occupiers. The Fire Department is evaluating locations in the city where fire vehicle access is problematic. They anticipate that legislation and parking regulation changes may be required. Potential changes to Central Fire Station that address space needs were compiled by staff for discussion by the Board. Estimates are being developed for each of the items on the list. Board of Public Works Vice Chair, Steve Ehrhardt stated that the BPW has authorized staff to solicit bids for Stewart Park Concessions. He further reported that the Cleveland Avenue proposal is contingent upon approval of a reserve of $35,000 for a safer crosswalk and commercial zone barrier. He stated that if the Bicycle Plan is adopted, the Board of Public Works would start work in November. October 7, 1998 4 Bicycle Pedestrian Advisory Council Sandy Wold reported that BPAC appointments are desperately needed. The Board cannot do anything for lack of membership. She further expressed the need for a Bicycle Coordinator for the City and the Town. REPORT OF THE CITY ATTORNEY: Acting Assistant City Attorney Dunn reported that the City Attorney is out of the country, and that there are several appeals pending, of which one will be heard next week. CONSENT AGENDA ITEMS: 16.1 GIAC - Request to Amend 1998 Budget By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, GIAC has received $3,600 from an anonymous donor to be used for seasonal staff to operate the GIAC Food Cart program; now, therefore, be it RESOLVED, That the 1998 GIAC Budget is hereby amended as follows for the purposes of seasonal staff operation of the GIAC Food Cart: Increase Revenue Account: A7311-2070-1158 Contributions for Youth $3,600 Increase Appropriation Accounts: A7311-5120-1158 P/T Hourly $3,344 A7311-9030-1158 Social Security 256 Carried Unanimously 16.2 GIAC - Request to Amend 1998 Budget By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, GIAC has received funds in the amount of $9,440 from the Ithaca City School District’s 21st Century Learning Center Grant, and WHEREAS, the funds are to be used to supplement staffing for GIAC’s Youth and Teen Academic Assistance program; now, therefore, be it RESOLVED, That the 1998 GIAC Budget is hereby amended as follows for the purposes of supplement staffing of said programs: Increase A7311-2070-1158 Contributions for Youth $9,440 Increase Appropriation Accounts: A7311-5120-1101 P/T Hourly Youth 4,385 A7311-5120-1158 P/T Hourly Teen 4,385 A7311-9030-1101 Social Security 335 A7311-9030-1158 Social Security 335 Carried Unanimously 16.3 DPW - Request to Extend Labor Contract By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the BPW and the B & A Committee are recommending the renewal of the labor contract with Golf Course Manager Steve Torrant for 1998; now, therefore, be it RESOLVED, That Common Council hereby approves the renewal of the 1998 labor contract with Golf Course Manager Steve Torrant with a two and one-half percent (2.5%) increase in salary for a 1998 annual salary of $41,623 retroactive to January 1, 1998. Carried Unanimously October 7, 1998 5 REGULAR AGENDA ITEMS: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 17.1 Declaration of No Significant Environmental Effect By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, an amendment to the Comprehensive Plan of the City of Ithaca known as the City Bicycle Master Plan has been submitted to Common Council for consideration for adoption as part of the City’s Comprehensive Plan, and WHEREAS, appropriate environmental review, including the preparation of the Short Environmental Assessment Form (SEAF) and the Long Environmental Assessment Form (LEAF), has been conduced, 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 more fully set forth on the Long Environmental Assessment Form dated September 11, 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 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 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. Carried Unanimously 17.1A Bicycle Plan Adoption – Resolution By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, on November 1, 1995, the Planning and Economic Development Committee, upon the recommendation of the City of Ithaca Bicycle Master Plan Consultant Selection Committee, approved the firm of Trowbridge and Wolf for the preparation of the City Bicycle Master Plan, and WHEREAS, in preparing the Bicycle Plan, extensive public discussion and input have resulted in significant revisions and improvements to the plan and considerable effort has been made to address appropriate suggestions and objections, resulting in some significant changes in the plan’s content and in the implementation process, and WHEREAS, on March 20, 1997, the Ithaca Bicycle Plan Client Committee adopted a resolution approving the Bicycle Plan as presented, and recommended that the Planning and Development Board adopt the Bicycle Plan as part of the City of Ithaca's Comprehensive Plan, and WHEREAS, on June 16, 1998, the Planning and Development Board adopted a resolution recommending to Common Council that the March 1997 Ithaca Bicycle Plan be adopted as a component of the City's Comprehensive Plan to be used as a working document, and that once adopted, be a vehicle in which to encourage the use of bicycles as a means of transportation as well as for recreation, and WHEREAS, also on June 16, 1998, the Planning and Development Board approved an addendum to the plan, which provides guidance for an effective and acceptable strategy that allows legitimate stakeholders to respond to proposed bicycle routes prior to implementation, and WHEREAS, Common Council recognizes that the proposed Ithaca Bicycle Plan is the product of an extensive process which involved public participation including public October 7, 1998 6 review and comments of proposals developed by a client committee, a consultant, and planning department staff, and WHEREAS, Common Council recognizes that the Bicycle Plan and the Addendum include sufficient flexibility for future decision-makers to allow for the implementation of items proposed in the Bicycle Plan without being constrained to specific prescriptions that may be contained therein; now, therefore, be it RESOLVED, that the City of Ithaca Common Council adopts the March 1997 Ithaca Bicycle Plan prepared by Trowbridge and Wolf Landscape Architects and the IMC Consulting Group, including the June 16, 1998 Addendum to the Bicycle Plan prepared by the City of Ithaca Planning and Development Board, and be it further RESOLVED, that prior to actual implementation of any portion of the Bicycle Plan, the Board of Public Works will notify in writing all affected residents and property owners along the proposed routes regarding the changes that will result from implementation of bicycle routes and input from residents would be taken into consideration by the Board of Public Works in their decision-making process, and be it further RESOLVED, that the Board of Public Work's effort to obtain public participation in this decision-making process be timed so that affected students can be included in the deliberations, and be it further RESOLVED, that the Bicycle/Pedestrian Advisory Council be consulted as discussions concerning implementation progresses, and be it further RESOLVED, that the City of Ithaca Common Council appoints the Board of Public Works as the City agency responsible for implementation of the Bicycle Plan, and be it further RESOLVED, that a representative of the Board of Public Works appear before Council in January 1999 and at appropriate time intervals to report on the progress of the bike plan implementation, and be it further RESOLVED, that details of the implementation plan, including such items as routes for bike lanes and costs for implementation and maintenance, including elimination of on- street parking and removal of street trees, be brought back to the Common Council by the Board of Public Works for final approval prior to implementation of the plan. Alderpersons Farrell and Marcham stated they support the plan in concept, but not all components of it. They stated that property owners and residents need to have input into neighborhood decisions, and that Common Council needs to be involved every step of the way. Alderpersons Hershey and Shenk noted that there must be a compromise on both sides to obtain a win-win situation with input from all regarding parking and other issues. Open minds are needed to find that compromise. Mayor Cohen complimented Common Council, the Board of Public Works, the Planning Board, and other staff for their hard work on this Plan. A vote on the Resolution resulted as follows: Carried Unanimously 17.2 Downtown Retail Marketing – Report Executive Director of the Ithaca Downtown Partnership, Doug Pessefall and President of the Ithaca Downtown Partnership Board of Directors, Mack Travis updated Common Council on the marketing issues facing downtown. The Ithaca Police Department satellite office, outdoor dining, garage improvements, and holiday parking programs have all had positive influences on downtown. October 7, 1998 7 17.3 Southwest Area Land Use Plan GEIS – Report Alderperson Blumenthal stated that periodic reports would be made to Common Council to keep them up-to-date. Planning and Development Director Van Cort stated there have been several meetings with the Consultant and traffic sub-contractor. They are proceeding with the study of vegetation and archeology. There has been a change in the scope of the research effort. They have conducted a Stage 1A investigation of the archeological resources. The recommendation is to do a Stage 1B next, which consists of setting up a grid, digging holes, and seeing what they find. The old Wal-Mart site had this done, and now other parts of the area are being done as well. A $10-20,000 mini-RFP is being prepared to make sure they get the best price on a qualified consultant to conduct the investigation. Alderperson Vaughan asked what gave them cause to think a 1B was necessary. Planning and Development Director Van Cort answered that they knew it was within two miles of a Native American site, so there may have been other settlements in the area. They want to be sure there are no significant archaeological resources. Alderperson Blumenthal stated that there was interest in having public input into the process. There will be a series of public information sessions the first of which is scheduled for October 26, 1998 at 6:30 pm. The first meeting will kick off the process, the second meeting will be on topical areas such as landfill drainage and the views, and the third meeting will be on traffic. 17.4 Adoption of Digital Zoning Map - An Amendment to Section 325-5., entitled “Zoning Map” of Chapter 325 entitled "Zoning" of the City of Ithaca Municipal Code, regarding the "Adoption of Digital Zoning Map of the City of Ithaca, New York – Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, that Ordinance 98-___ entitled “Adoption of the Digital Zoning Map” an Ordinance Amending 325-5, of Chapter 325 entitled “Zoning Map” of the City of Ithaca Municipal Code, regarding Official Zoning Map of the City of Ithaca New York,” is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, that Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, at 7:00 p.m. on Wednesday, November 4, 1998, 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 fifteen (15) days prior to the public hearing, and be it further RESOLVED, that the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. The Ordinance to be considered shall be as follows: ORDINANCE 98-___ An Ordinance Amending Chapter 325, entitled “Zoning” of the City of Ithaca Municipal Code, adopting the 1998 Digital Zoning Map as the Official Zoning Map of the City of Ithaca, New York. October 7, 1998 8 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 325-3 of Article II, entitled “Definitions and Word Usage,” is hereby amended as follows: §325-3. Definitions and Word Usage. Add the following: Digital Zoning Map: The set of electronic files which store the boundaries of the zoning districts, including the historic districts, and which are maintained as the “Official Zoning Map of the City of Ithaca, New York”, including any accompanying files which store the legend, certifications, titles and all other graphic devices necessary to produce the zoning map in analog format. Section 2. The City of Ithaca Municipal Code, Section 325-5 of Article II, entitled “Zoning Districts,” is hereby amended as follows: §325-5. Zoning Map. Replace “A.” with the following: A. Districts are bounded as shown on the map titled, “Official Zoning Map of the City of Ithaca, New York”, which is further defined in “Digital Zoning Map” in Section 325-3, and which accompanies in printed format and is hereby made part of this chapter. Section 3. The Official Zoning Map of Ithaca New York, of Chapter 30, entitled “Zoning” of The City of Ithaca Municipal Code, is hereby amended as follows: 1. Change the zone designation of the following tract of land from P-1 to R-3a: The total area of parcels 58.-8-1, 58.-8-3, and 58.-8-4. 2. Change the designation of the following tract of land from B-5 to I-1: The total area of tax parcel 125.-1-3.21. 3. Change the designation of the following tract of land from P-1 to I-1: That portion of the relief channel beginning at the south boundary of West Clinton Street and continuing southeasterly until the direction of the channel changes to southerly. 4. Change the designation of the following tract of land from P-1 to B-5: That portion of the relief channel beginning at the northerly boundary of Elmira Rd and continuing north until the southern boundary of the portion described in Section 5 of this ordinance amendment. 5. Change the designation of the following tract of land from R-2a to P-1. That portion of parcel 107.-1-1 which lies north of a line which is drawn from the southwestern corner of parcel 91.-5-7 to the southeastern corner of parcel 91.-6-1 and is bounded in the north by the southern boundary of Hillview Place. Section 4. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously October 7, 1998 9 RECESS: Common Council recessed at 9:20 p.m. and reconvened at 9:40 p.m. BUDGET AND ADMINISTRATION COMMITTEE: 18.1 An Ordinance Amending Section 146-37 Entitled “License application and fees; transferability” To Add Subsection E In Order To Establish A Special Reciprocal Electrical License By Alderperson Marcham: Seconded by Alderperson Shenk 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 146-37 Entitled “License application and fees; transferability” is hereby amended to add subsection E as follows: E. Special reciprocal licenses. All persons who undertake or contract to do the work of an electrician that are not licensed by the City of Ithaca and are licensed by another municipality will be considered for a special reciprocal license. Such persons are required to provide any information that the Examining Board of Electricians may require for a special reciprocal license together with a fee based on the schedule below. A fee is due for each electrical contract undertaken by such person. The Examining Board shall review the credentials of all such persons and conduct any review that the Board deems necessary to carry out their purpose to protect the best interests of the City of Ithaca. In the event that a special reciprocal license is denied the Board shall provide the applicant with a written denial letter that fully states the reasons for denial. Any such denial may be appealed in the same manner as the appeal of city electrical license revocation. Reciprocal License Fees The amount of the electrical contract Fee due Less than $100,000 $100 $100,000 - $200,000 $2 per thousand dollars of electrical work $200,001 - $300,000 $3 per thousand dollars of electrical work $300,001 - $400,000 $4 per thousand dollars of electrical work $400,001 - $500,000 $5 per thousand dollars of electrical work $500,001 - $600,000 $6 per thousand dollars of electrical work $600,001 - $700,000 $7 per thousand dollars of electrical work $700,001 - $800,000 $8 per thousand dollars of electrical work $900,001 - $1,000,000 $9 per thousand dollars of electrical work Greater than $1,000,000 $10 per thousand dollars of electrical work 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 October 7, 1998 10 18.2 An Ordinance Amending Section 325-37 Entitled “Enforcement Officer; Assistance; Appeals” To Add Subsections C, D And E In Order To Establish A Zoning Compliance Fee-- Call For Public Hearing By Alderperson Marcham: Seconded by Alderperson Vaughan RESOLVED, that Ordinance 98-_____ entitled “An Ordinance Amending Section 325- 37 Entitled “Enforcement Officer; Assistance; Appeals” To Add Subsections C, D And E In Order To Establish A Zoning Compliance Fee “is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, on Wednesday, November 4, 1998 at 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 fifteen (15) days prior to the public hearing, and be it further RESOLVED, that the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered reads as follows: 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 325-37 entitled “Enforcement Officer; assistance; appeals” is hereby amended to add Subsections C, D and E as follows: C. Approvals. It shall be the duty of the building commissioner to review any zoning compliance approvals requested for any property within the city by any property owner or his/her agent. When the building commissioner has determined that a zoning compliance approval can be issued for a property a fee for this approval shall be charged at a rate of $50 per hour involved in the issuance of the approval, with a minimum fee of $25 dollars. Except that the fee for any zoning compliance approval for owner occupied one or two family dwellings is $25. The zoning compliance fee does not apply to the issuance of a Certificate of Compliance or a Certificate of Occupancy where other fees are assessed by the municipal code. D. Collection of Fees. Upon the issuance of a zoning compliance approval, the property owner shall be billed for services rendered at the rates established pursuant to Subsection C. 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 § 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 penalties as the general city tax and as a 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. October 7, 1998 11 E. Appeal of Bill. The exclusive administrative remedy for a property owner wishing to appeal the amount of the bill which has been established pursuant to Subsection C is to file a notice of appeal with the Building Commissioner within seven (7) days of the mailing date to the property owner of the bill for the service. When a notice of appeal is filed, the Building Commissioner, using the regulations of the Board of Zoning Appeals, except that any of the public notice requirements shall not apply, shall schedule the matter at the next possible regular meeting of the Board of Zoning Appeals. The property owner then has the responsibility to perfect the appeal to the Board of Zoning Appeals, by submitting six copies of the appeal and detailing the reasons why the property owner believes the fee is not justified. The property owner bears the burden of establishing that the accounting submitted by the building commissioner is inaccurate. The Board of Zoning Appeals shall have the authority to approve or reject such appeal in whole or in part. 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 18.3 EXECUTIVE SESSION By Alderperson Marcham: Seconded by Alderperson Manos RESOLVED, That Common Council adjourn into executive session to discuss a personnel item. Carried Unanimously REGULAR SESSION Common Council reconvened into Regular session with no action taken. 18.4 Acceptance of Donation to Acquire Stewart Park Carousel – Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, the City of Ithaca has received an anonymous donation of $75,000 for the acquisition of the Stewart Park Carousel; now, therefore, be it RESOLVED, That Common Council hereby accepts the $75,000 anonymous donation and will use the funds to acquire the Stewart Park Carousel, and be it further RESOLVED, That Common Council would like to give a heartfelt thanks to the donor of said funds, and be it further RESOLVED, That the City Controller is hereby authorized to make all required budget amendments for said donation. Alderperson Farrell asked how the carousel would be operated and maintained. Mayor Cohen stated that the Board of Public Works has already started discussions which included leasing it out as a concession to have someone else be responsible for the operation and maintenance of the facility. A vote on the Resolution resulted as follows: Carried Unanimously 18.5 Historic Ithaca Request Concerning State Street Theater - Report City Chamberlain Parsons reported that she has received a request to excuse back tax penalties for Historic Ithaca. The City is prohibited from waiving penalties per New York State Real Property Law. Arrangements could be made to allow the property owners to pay the oldest bills first, and discussed other options. She reported that staff is meeting to find a compromise between the City’s legal options and Historic Ithaca’s fiscal options. The deadline for tax redemption is November 30, 1998. 19. COMMUNITY ISSUES COMMITTEE: 19.1 An Local Law To Amend the Ithaca City Charter to Rename the Position of Personnel Administrator to Director of Human Resources and Rename the Personnel Department to Human Resources Department By Alderperson Sams: Seconded by Alderperson Farrell October 7, 1998 12 LOCAL LAW No. -1998 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent. The City Charter and Municipal Code of the City of Ithaca shall rename the Personnel Department to Human Resources Departmentand rename the position of Personnel Administrator to Director of Human Resources as set forth in sections 2 through 7 below: Section 2. Section C-5(C.4) of the City Charter is hereby amended as follows: Officers appointed by the Mayor pursuant to  C 26: Superintendent of Public Works, Fire Chief, Police Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, [Personnel Administrator] Director of Human Resources, and Assistant City Attorney. Section 3. Section C-21 of the City Charter is hereby amended as follows: C-21 [Personnel Administrator] Director of Human Resources. A. There shall be a [Personnel Department] Human Resources Department, the head of which shall be the [Personnel Administrator] Director of Human Resources. The [Personnel Administrator] Director of Human Resources shall be appointed by the Mayor in the manner provided in  C-26 below. B. Powers and duties of the [Personnel Administrator] Director of Human Resources. The [Personnel Administrator] Director of Human Resources shall: (1) Organize the work of the [Personnel Department] Human Resources Department. The [Personnel Administrator] Director of Human Resources may assign and transfer administrative functions, powers and duties within the [Personnel Department] Human Resources Department as the best interest of the city may appear, subject to the Charter, local law or ordinance. (2) Have such other powers and duties as may be prescribed by the Charter, local law or ordinance. Section 4. Section 26.A of the City Charter is hereby amended as follows: The following officers of the city shall be appointed by the Mayor subject to the search committee procedure as defined in Article VII of Chapter 90: Superintendent of Public Works, Fire Chief, Police Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, [Personnel Administrator] Director of Human Resources and Assistant City Attorney. Section 5. Section 26.1.of the City Charter is hereby amended as follows: A. Application of this section. (1) The following city officers are subject to the discipline and removal procedures found in this section: (e) [Personnel Administrator] Director of Human Resources. October 7, 1998 13 Section 6. Chapter 113-2(F) of the City Charter is hereby amended as follows: To assist the Superintendent of Public Works and the [Personnel Administrator] Director of Human Resources in the selection of a Six Mile Creek Gorge Ranger by reviewing applications and interviewing candidates. Section 7. This Local Law shall take effect immediately upon filing with the Secretary of State of the State of New York. Carried Unanimously 19.2 An Ordinance Repealing, Re-Enacting, and Amending Various Provisions of the Municipal Code of the City of Ithaca By Alderperson Sams: Seconded by Alderperson Vaughan ORDINANCE NO. 98- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section I. Legislative Purpose and Intent 1. It is the intent of the Common Council to repeal various provisions of the Municipal Code of the City of Ithaca previously adopted by resolution and re-enact them, in their entirety, by this ordinance, with the exception of Chapter 68 entitled “Industrial Park Leasing Policy” which shall not be re-enacted as its provisions have expired. 2. It is the intent of the Common Council to amend sections of the newly re- enacted Chapter 90, entitled “PERSONNEL” so as to rename the position of Personnel Administrator to “Director of Human Resources” and to rename the Personnel Department as the “Human Resources Department.” Section II. Repeal The former Chapters 7, 17, 22, 39 (Article I only,) 45, 50, 62, 68, 90 (Articles II, III, IV, VI, VII, VII only,) 103, 120, 285 (Article II only,) and 320 of the City of Ithaca Municipal Code, previously adopted by resolution, are hereby repealed. Section III. New Enactment Chapters to be known and designated as Chapters 7, 17, 22, 39 (Article I only,) 45, 50, 62, 90 (Articles II, III, IV, VI, VII, VII only,) 103, 120, 285 (Article II only,) and 320 of the City of Ithaca Municipal Code are hereby enacted to read as follows: Section IV: The following chapter is hereby enacted: Chapter 7, APPOINTMENTS, MAYORAL § 7-1. Procedure outlined. The procedure for making appointments to any office, board, commission or committee for which the approval of the Common Council is required or sought shall be as follows, except as provided in charter § C-26: A. The Mayor shall give written notice of the proposed appointment to the members of the Common Council at least seven (7) days in advance of the Council meeting at which Council action is requested. B. The written notice shall include reasonably sufficient information about the nominee to justify the proposed appointment. C. If the procedures in Subsections A and B above are not followed, the objection of any one (1) Council member, who shall not be required to offer any reason or explanation for the objection, shall cause the proposed appointment to be tabled until the next meeting of the Common Council. D. Upon the unanimous consent of the entire Common Council, the procedure specified in Subsections A, B and C above may be waived in any particular instance. October 7, 1998 14 Section 2: The following chapter is hereby enacted: Chapter 17, CABLE COMMISSION § 17-1. Cable Commission membership; residency requirements. A. The Cable Commission shall have seven voting members who shall serve five-year terms, except as otherwise provided herein. Voting members shall be appointed by the Mayor with approval of Common Council. Present members of the Cable Commission shall continue as members of the Cable Commission through the balance of their current terms. Within 30 days of the effective date of this section, the three-then-existing vacancies shall be filled. The terms of the three newly appointed voting members shall expire December 31, 2000, December 31, 2001, and December 31, 2001, respectively. One member of the Common Council, appointed in the same manner, shall serve as a nonvoting member of the Cable Commission. B. At least four voting members of the Cable Commission must be residents of the City of Ithaca. All voting members of Cable Commission must be residents of areas of Tompkins County served by the cable system. § 17-2. Officers and meetings; minutes. A. At the first meeting of each year the Cable Commission shall elect a Chairperson, a Vice Chairperson and a Secretary and shall adopt a schedule of monthly meetings. B. Copies of the minutes of each meeting shall be transmitted to the Mayor and the Common Council. § 17-3. Duties. The Cable Commission is hereby designated to provide day to day administration and enforcement of the provisions of Chapter 152, Cable Communications Systems, and any franchise granted there under, and to carry out the city's responsibility with regard to cable communications pursuant to Chapter 152, Cable Communications Systems, § 152-4A, subject to review by the Common Council as it deems appropriate at any time. Section 3. The following chapter is hereby enacted: Chapter 22, CIRCLE GREENWAY COMMISSION § 22-1. Purpose. A. The purposes of the Circle Greenway Commission shall be as follows: 1) To develop the Circle Greenway, Ithaca's permanent bicentennial project. The Greenway is a walking route around the City of Ithaca that traverses and connects places of great natural beauty, historic interest and unusual urban character. It is a way of providing unstructured recreation for Ithacans within a concept of the city itself as a park. (2) To identify other attractive and interesting walks and to publicize them, especially in the Circumnavigator. (3) To encourage an attractive visual environment in Ithaca. (4) To be a liaison between the city and groups with environmental, beautification and recreational interests. B. Amendments or changes to the purpose of the Circle Greenway Commission shall be made by agreement of the Commission members, with the approval of the Common Council. § 22-2. Relationship to city government. A. The Circle Greenway Commission shall report to the Common Council and to the Mayor. B. Funding shall be from the Common Council as a line in the Department of Public Works budget. C. The Circle Greenway Commission shall act in consultation with the Planning and Development Board. October 7, 1998 15 § 22-3. Membership terms; duties; compensation. A. Appointments shall be made by the Mayor upon the recommendation of the Circle Greenway Commission and with the approval of the Common Council. B. The number of members shall be as needed. C. The term of office of members shall be as needed. Members shall be removed from the Circle Greenway Commission after three (3) consecutive and unexcused absences from scheduled monthly meetings. D. One (1) Common Council member shall act as liaison to the Circle Greenway Commission. E. Responsibilities of the members of the Circle Greenway Commission shall be: (1) To set policy. (2) To work on specific projects according to training, ability and time. F. Members of the Circle Greenway Commission shall serve without compensation. § 22-4. Officers; committees. A. Officers of the Circle Greenway Commission shall include the following: (1) A Chairperson, to be chosen by the group. (2) A Vice Chairperson, to be chosen by the Chairperson. (3) A Secretary Treasurer, to be chosen by the Chairperson. B. Committees of the Circle Greenway Commission shall be appointed by the Chairperson as needed. § 22-5. Meetings. The Circle Greenway Commission shall meet on the second Thursday of each month at 12:00 noon at the City Hall. The date may be changed by agreement of the group. Notification of such a change shall be made by phone or postcard. Special meetings of the Circle Greenway Commission shall be called as needed. § 22-6. Advisory board. There shall be an advisory board to the Circle Greenway Commission, which shall be a support group of persons representing groups involved with the Circle Greenway Commission or interested in its work. Members shall be invited to serve by the Circle Greenway Commission. § 22-7. Dissolution. Dissolution of the Circle Greenway Commission shall be by the Common Council. Section 4. The following chapter is hereby enacted: Chapter 39, CONTRACTS ARTICLE I, Nondiscrimination] § 39-1. Nondiscrimination clause. The following clause shall be included in any city contract: "The contractor will not discriminate against any employee, applicant for employment, subcontractor, supplier of materials or services or program participant because of race, age, creed, color, sex, national origin, disability, marital status or sexual preference." Section 5. The following chapter is hereby enacted: Chapter 45, DISABILITY ADVISORY COUNCIL § 45-1. Appointment and membership. The Mayor, with the approval of the Common Council, is authorized to appoint a Disability Advisory Council, to be composed of twelve (12) members, including representatives of the disabled community and organizations serving it, two thirds (2/3) October 7, 1998 16 of the members to be residents of the City of Ithaca and a majority of the members to be considered as possessing a disability. § 45-2. Terms of office. Initially, one-third (1/3) of the members of the Advisory Council shall be appointed for a one-year term each, one-third (1/3) for a two-year term each and one-third (1/3) for a three-year term each, and thereafter all members shall be appointed for a three-year term each. § 45-3. Liaisons and advisors. The Mayor, at the request of the Advisory Council, is authorized to appoint members of various city departments and boards, including but not limited to the Human Services Committee, the Planning and Development Board, the Building Department and the Board of Public Works as liaisons or advisors to the Advisory Council. § 45-4. Duties. The Disability Advisory Council shall be charged with the following: A. To assess the problems in the City of Ithaca that present the greatest obstacles to equal rights, access and privileges or citizens with disabilities. B. To determine which problems and needs deserve the highest priority as well as those that have the greatest opportunity to be corrected. C. To maintain a regular liaison with the Mayor and appropriate city boards for the purpose of making recommendations as to how these problems may best be resolved. D. To meet on a regular basis to review how well problems have been resolved and receive input from the community on new problems or potential problems affecting the rights and privileges of disabled citizens. Section 6. The following chapter is hereby enacted: Chapter 50, ENERGY COMMISSION § 50-1. Bylaws endorsed. The Common Council does hereby approve and endorse the bylaws of the commission to be known as the "Ithaca Energy Commission." § 50-2. Purpose. The purposes of the Energy Commission are: A. To increase public awareness of the need to conserve energy. B. To assist in the establishment and implementation of a concentrated citywide energy conservation program and, in particular, to assist the City of Ithaca in reducing its energy costs. C. To assist in the development of statistics on energy consumption in various sectors of the Ithaca community. D. To work with the private and public sectors on energy conservation programs. E. To encourage and receive energy conservation suggestions from the public and to recommend policies that are feasible. F. To review building codes and zoning restrictions to determine their effects on energy conservation. G. To keep energy dollars in the community by encouraging conservation and development of alternate energy sources. H. To propose policies that would increase the energy efficiency of local transportation systems and patterns. § 50-3. Membership. The Commission shall consist of up to eleven (11) members appointed by the Mayor, upon the recommendation of the Planning and Development Committee of the Common Council. A majority of the members shall be residents of the City of Ithaca. Membership October 7, 1998 17 shall be broadly representative of the various segments of the city. Members shall serve two-year terms, with no limitation on the number of terms that can be served. § 50-4. Liaisons. The Commission shall have a liaison from the Common Council of the City of Ithaca, who shall be appointed by the Mayor at the January meeting of Common Council. The Mayor shall also appoint a member of the city staff as liaison between the Energy Commission and the various departments of the city. § 50-5. Officers. A. Officers defined. The officers of the Commission shall consist of a Coordinator, an Assistant Coordinator and a Secretary elected by the members of the Commission from its membership. B. Duties. The Coordinator shall call and preside at meetings and appoint committees. The Assistant Coordinator shall, in the absence of the Coordinator, assume the duties of the Coordinator and perform other duties delegated by the Coordinator. C. Elections. Officers shall be elected at the first meeting of the Commission and annually thereafter at the first meeting of the calendar year. § 50-6. Meetings. A. Regular meetings. Regular meetings shall be held once each month. B. Special meetings. Special meetings may be called by the Coordinator or at the request of a majority of the members. The purpose of the meeting shall be stated in the call. At least three (3) days' notice shall be given. C. Quorum. A majority of the total membership [or six (6) persons] shall constitute a quorum for the transaction of business at any meeting. D. Attendance. Each member shall be expected to attend at least three-fourths (3/4) of all regular meetings, provided that at least one (1) week's notice is given. § 50-7. Reports. The Commission shall report regularly to the Planning and Development Committee and/or to the Budget and Administration Committee of the Common Council as it deems appropriate. It shall, in addition, forward comments and recommendations to any body it deems appropriate. Section 7. The following chapter is hereby enacted: Chapter 62, HOUSING TRUST FUND § 62-1. Creation and purpose. The City of Ithaca does hereby authorize the creation of a Housing Trust Fund for the purpose of providing funding for the development of affordable housing in the City of Ithaca, subject to review and enactment by the Common Council prior to implementation. § 62-2. Objectives. The City of Ithaca shall seek to develop, fund and operate the Housing Trust Fund in accordance with the following objectives: A. Programs funded by the Housing Trust Fund shall be targeted toward assisting low- and moderate-income households to obtain affordable housing. B. Housing Trust Fund programs shall emphasize the creation and maintenance of good quality, affordable housing that will provide long-term benefits to those in the community who are in need of such housing. C. The administration of Housing Trust Fund programs should be as efficient and cost-effective as possible. D. Housing Trust Fund programs that leverage additional public and private investment and involve the private sector in financing and construction activities October 7, 1998 18 should be encouraged so as to maximize the housing and economic benefits that accrue to the community. E. The Housing Trust Fund should be funded from stable, annually renewable sources of funds that are adequate to provide a level of funding sufficient to provide significant impact on Ithaca's affordable housing problem. This annual funding minimum is estimated to be at least three hundred thousand dollars ($300,000.) annually. Examples of such sources of funds are Urban Development Action Grant repayments, developer exactions or real estate transfer taxes. These sources may be supplemented at any time by funds from other sources. § 62-3. Distribution of funds. On an annual basis, or as appropriate, distribution of funds from the Housing Trust Fund shall be made to qualified housing providers in order to accomplish the housing objectives listed above and otherwise established by the Common Council. Section 8. The following Articles of Chapter 90 are hereby enacted and, as necessary, amended: ARTICLE II, Hiring of Relatives § 90-9. Employment prohibited in department where relative supervises. Effective July 11, 1983, no employee shall be permitted to work within a department where a relative occupies a supervisory position on the same shift or over all shifts. § 90-10. Relatives described. Relatives are described as mother, father, stepmother, stepfather, sister, brother, son, stepson, daughter, stepdaughter, husband, wife, mother-in-law, father-in-law, sister-in- law, brother-in-law, son-in-law or daughter-in-law. § 90-11. Employment prohibited in department which reports to relative's board. Relatives of members of appointed boards shall not be employed within a department which is responsible to that board, i.e., Board of Public Works, Board of Police Commissioners, Board of Fire Commissioners or Planning and Development Board. § 90-12. Personnel affected. Personnel employed prior to the effective date of this Article will not be affected by this policy. § 90-13. Waiver for scarcity of qualified applicants. In the event that there is a scarcity of qualified applicants to fill specific job titles, a waiver of this policy may be requested from the Budget and Administration Committee on a case-by-case basis. ARTICLE III, Prescription Drug Cards for Retirees § 90-14. Coverage extended to retirees. The Common Council hereby extends the benefit of the one-dollar co-pay prescription drug card under the City of Ithaca Health Benefits Plan to any retiree or survivor presently covered by the plan who desires the benefit of the one-dollar co-pay prescription drug card at the appropriate increase in health insurance premiums paid. § 90-15. Option to revoke. A. The retiree or survivor who elects to receive the one-dollar co-pay prescription drug card shall have the option of revoking his/her elected choice of receiving the prescription drug card once within the calendar year in which the option has been exercised. B. Upon revoking the one-dollar co-pay prescription drug card option, the retiree or survivor shall return to receiving the benefit of having covered prescription drug expenses reimbursed at a rate of eighty percent (80%) under the major medical portion of the City of Ithaca Health Benefits Plan, provided that all appropriate deductions have been met. October 7, 1998 19 § 90-16. [Personnel Administrator] Director of Human Resources to review charges and present proposal. The [Personnel Administrator] Director of Human Resources shall be directed to review the city's charges for health insurance and bring a proposal for standardization back to the Budget and Administration Committee. ARTICLE IV, Police and Fire Disability Leave Benefits § 90-17. Statutory authority. The following sections and appendixes EN represent the City of Ithaca's policy for the administration of benefits to employees covered by §§ 207-a and 207-c of the General Municipal Law. The city will administer those benefits defined below according to the policies and procedures set forth herein. For further explanation of the law, please refer to §§ 207-a and 207-c of the General Municipal Law. § 90-18. Light duty. A. Whenever possible, and where light duty or reasonably less hazardous duty is available and the employee is qualified to perform such duty, the city will provide such duty for police officers and fire fighters who have suffered disability through an on-duty injury or illness. This duty, where available, will be allowed in accordance with restrictions as provided for in a thorough statement from the employee's attending physician or a licensed medical authority selected by the city. The city, at its discretion, may require the employee to receive a second medical opinion. Arrangements for the medical examination for the purpose of receiving a second medical opinion shall be the responsibility of the employer. B. In cases where a police officer or fire fighter is refused light duty by the department head, the employee has the right to appeal the decision through the grievance procedure under the appropriate labor agreement. C. If an employee refuses light duty when offered pursuant to this policy, the city may take appropriate disciplinary action against the employee, in accordance with the applicable collective bargaining agreement. § 90-19. Form and progress report. The on-duty injury report form is to be filled out for the initial injury or illness. If the employee returns to work and is subsequently on disability leave as a result of the same injury, a new report need not be filed. The Department is to notify the [Personnel Administrator] Director of Human Resources of any time lost as a result of the injury sustained. In addition, the [Personnel Administrator] Director of Human Resources will provide the Department head with a progress report sheet that will supplement the on- duty injury report form. The purpose of this supplemental form is to advise of the progress in the form of medical reports on the prognosis of the employee toward returning to full- or light-duty status. This will allow duty officers to remain current on the status of each employee on leave pursuant to General Municipal Law §§ 207-a or 207-c in determining schedules, etc. It will also assist the [Personnel Administrator] Director of Human Resources in determining the feasibility of making application to the State Retirement System for disability retirement on behalf of the employee or the city. § 90-20. Clothing allowance. An employee who is on leave pursuant to General Municipal Law § 207-a or 207-c during an entire contract year shall not be entitled to clothing allowance benefits; however, if the employee should work during any portion of the contract year, such employee would be entitled to the full amount of clothing allowance as provided for in the appropriate labor agreement. Under no circumstances would an employee be entitled to receive the equivalent of two (2) clothing allowances during a fiscal year. § 90-21. Vacation time. A. An employee who is on leave pursuant to General Municipal Law § 207-a or 207-c for less than ninety (90) days in a calendar year shall be entitled to his/her entire vacation allowance for that year. An employee who is on leave pursuant to General Municipal Law § 207-a or 207-c for more than ninety (90) October 7, 1998 20 days in a calendar year shall receive vacation on a pro rata basis. If an employee returns to work in a light-duty capacity, working fewer hours than a normal workday, the employee shall receive vacation leave benefits on the basis of time worked. Employee leave records are to be reconciled and posted each year prior to December 31. B. Reference to "days" in this section shall mean consecutive calendar days for Fire Department personnel and cumulative working days for Police Department personnel. § 90-22. Holiday time. An employee who is on leave pursuant to General Municipal Law § 207-a or 207-c during a period in which a contractually recognized holiday falls shall receive no credit for that holiday. If an employee returns to work in a light-duty capacity, working fewer hours than a normal workday, the employee shall receive holiday leave benefits on the basis of time worked. § 90-23. Sick time. An employee who is on leave pursuant to General Municipal Law § 207-a or 207-c shall receive the full allowance of sick leave earned if the work-related disability period is less than one (1) month or thirty (30) days. If the work-related disability period is thirty (30) days or more, the employee shall receive sick leave as earned during the time worked. If the employee returns to work in a light-duty capacity, working fewer hours than a normal workday, the employee shall receive sick leave benefits on the basis of time worked. Any employee receiving benefits greater than those provided for in this section shall continue to receive such benefits until such time that the employee's status should change. § 90-24. Medical information after six months' leave. At such time that an employee has been on disability leave pursuant to General Municipal Law § 207-a or 207-c for six (6) consecutive months, the [Personnel Administrator] Director of Human Resources and Department head shall request a complete statement from the employee's attending physician and/or other licensed medical authority as designated by the city. The city, at its discretion, may require the employee to receive a second medical opinion. Arrangements for the medical examination for the purpose of receiving a second medical opinion shall be the responsibility of the employer. The purpose of this medical information is to provide a basis for the employee, or the [Personnel Administrator] Director of Human Resources on the employee's behalf, to make application for the employee's disability retirement with the New York State Retirement System, if applicable. § 90-25. Kelly time. Kelly time is a part of the annual work schedule for employees of the Ithaca Fire Department. The scheduling of Kelly time is not affected by work-related disability. No adjustments of Kelly time in either time or money will be made for an employee who is disabled as result of a work-related injury. § 90-26. Policy questions. Any questions related to the appropriate application of the sections of this policy should be directed to the [Personnel Administrator] Director of Human Resources. § 90-27. Appeals process. This policy is subject to the grievance procedure in the appropriate labor agreement. If an employee affected by any section of this policy feels that he/she has not received the appropriate benefit(s) as outlined herein, that employee may first confer with the [Personnel Administrator] Director of Human Resources. If not satisfied at this level, such employee may file a grievance in accordance with the provisions of his/her labor agreement in a timely fashion. October 7, 1998 21 ARTICLE VI, Equal Opportunity and Affirmative Action § 90-34. Definitions. As used in this Article, the following terms shall have the meanings indicated: AFFECTED CLASS - Members of a group who, by virtue of past discrimination, continue to suffer the present effect of that discrimination. AFFIRMATIVE ACTION (AA) -- Positive efforts to recruit, hire and promote qualified members of groups formerly excluded, even if that exclusion cannot be traced to particular discriminatory actions on the part of the employer. EQUAL EMPLOYMENT OPPORTUNITY (EEO) - A policy of appointing, assigning and promoting employees without regard to political or religious affiliation, marital status, race, color, creed, national origin, sex, age, veteran status, sexual preference or physical or mental handicap, except when sex, handicap or age involves a bona fide job requirement. GOALS - The employer's expected increase of minorities and females in the work force. Special consideration should be given to those job classes in which underutilization of minorities and females has been evident in the past. It should be noted that EEO enforcement agencies emphasize that "goals" should not be viewed as rigid, inflexible quotas. Both long-range and annual targets should be based on the number of anticipated openings and the availability of protected-class applicants. GOOD-FAITH EFFORT - The honest, positive and cooperative effort put forth by an employer to attract qualified protected-class applicants. MINORITY - Includes Blacks, Asian Americans, American Indians, Hispanics and others (Aleuts, Eskimos and Malaysians). OUTREACH RECRUITING - A recruiting program designed to attract minority/female applicants through the use of organizations and other sources with high minority/female populations. PROTECTED CLASS - Members of a group who, by virtue of past discrimination, continue to suffer the present effect of that discrimination. As covered in this Affirmative Action Plan document, the protected classes are race, sex, color, religion, age, national origin, political affiliation, sexual preference, veteran status and physical or mental handicap. TARGET POPULATION - Employees designated as protected-class members, those who continue to suffer the effects of discriminatory employment practices; women/minorities. TEST - Any paper-and-pencil or performance measures used as a basis for any employment decision. TIMETABLE - A time frame within which an employee tries to reach the established affirmative action goals for hiring or promotion. UNDERUTILIZED - When the minority/female population representation in a job category/group or job classification is less than the established norm or less than would reasonably be expected by their availability. UPWARD MOBILITY - The ability of an employee to progress to positions of increasing responsibilities through a program of training and through the development of career development procedures and programs. UTILIZATION - The percent of city department or agency minority/female representation as compared to the total county population. "Utilization" conditions are determined by relating this percent to the established norms for each job category/group. UTILIZATION ANALYSIS - An in-depth analysis of the composition of the work force by minority group status and sex, indicating by job category/group current utilization conditions. It includes establishing goals to be attained for the fiscal year for which the analysis is prepared. § 90-35. Findings. A. The City of Ithaca is committed to both the substance and the spirit of equal employment opportunity and affirmative action and the laws pertinent to their implementation. Equal employment opportunity prohibits discrimination in the terms and conditions of employment, whereas affirmative action represents a conscious effort to correct the effects of past discrimination. B. The City of Ithaca pledges equal opportunity in the terms and conditions of city employment for all persons, regardless of race, sex, color, religion, age, October 7, 1998 22 national origin, political affiliation, sexual preference, veteran status and physical or mental handicap. C. This spirit of commitment will include policies covering recruitment, selection, training and promotional opportunities, compensation and non-wage benefits and full and fair response to policy or job-related grievances. All documents and forms in each of the above areas will carry an equal opportunity statement. D. This Article is the result of work by the Mayor, the City of Ithaca [Personnel Office] Human Resources Department, the Affirmative Action Advisory Committee and interested minority groups. It also reflects some of the changes in federal policy regulations as court decisions have amended them. E. Quotas and timetables have been eliminated. Instead, a good-faith effort and goals are set forth in terms of percentages related to current census data and employment statistics. F. Much has been accomplished since 1980; even more remains to be done. With this program as a guide, we are confident that the city will continue to provide and enhance a positive and discrimination-free environment for all applicants and employees. § 90-36. Purpose. A. The City of Ithaca has established its affirmative action program with the goal of achieving equal employment opportunity in accordance with the intent of the rules, regulations and guidelines of the various federal, state and local laws and agencies having purview in the equal opportunity area. B. This affirmative action plan provides further assurance for the full implementation of the city's policy on equal employment opportunity (EEO), the goal of which is equal opportunity for any individual, regardless of race, color, religion, sex, marital status, age, national origin, political affiliation, veteran status, sexual orientation or affectional preference and physical or mental handicap, as indicated in the terms, conditions and benefits of employment. The plan also implements the city's policy to provide motivation to potential applicants for city positions and for promotions within the system and to provide employment opportunities to members of minority groups, handicapped persons and women. The city has developed an affirmative action program to implement this affirmative action plan. § 90-37. Legal basis of equal employment opportunity. A. Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, prohibits discrimination because of race, color, religion, sex or national origin in any term, condition or privilege of employment. The Equal Employment Opportunity Act of 1972 greatly strengthened the powers and expanded the jurisdiction of the Equal Employment Opportunity Commission (EEOC) in enforcement of this law. As amended, Title VII now covers: (1) All private employers of fifteen (15) or more persons. (2) All educational institutions, public and private. (3) State and local governments. (4) Public and private employment agencies. (5) Labor unions with fifteen (15) or more members. (6) Joint labor-management committees for apprenticeship training. "It shall be unlawful employment practice for an employer: "1. To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or "2. To limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities October 7, 1998 23 or otherwise adversely affect his status as an employee because of such individual's race, color, religion, sex, or national origin." [Section 703(a), Title VII, Civil Rights Act of 1964, as amended by the EEO Act of 1972] "Nor shall any state deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." (Section 1 of the 14th Amendment of the United States Constitution) Title VII of the Civil Rights Act of 1964 also prohibits discrimination based on race, color or national origin in all programs or activities which receive federal financial aid. Employment discrimination is prohibited if a primary purpose of federal assistance is provision of employment, such as apprenticeship, training, work-study or similar programs. Revised guidelines adopted in 1973 by twenty-five (25) federal agencies prohibit discriminatory employment practices in all programs if such practices cause discrimination in services provided to program beneficiaries. This could be unequal treatment of beneficiaries or in hiring or assignment of counselors, trainers, faculty, hospital staff, social workers or others in organizations receiving federal funds. B. The Equal Pay Act of 1963 requires all employers subject to the Fair Labor Standards Act (FLSA) to provide equal pay for men and women performing similar work. In 1972, coverage of this Act was extended beyond employees covered by FLSA to an estimated fifteen million (15,000,000) additional executive, administrative and professional employees (including academic and administrative personnel and teachers in elementary and secondary schools) and to outside salespeople. C. The Age Discrimination in Employment Act of 1967 prohibits employers of twenty-five (25) or more persons from discriminating against persons ages forty (40) to seventy (70) in any area of employment because of age. D. The New York State Human Rights Law EN prohibits discrimination on the basis of race, religion, color, national origin, sex, age, disability, marital status and arrest and/or conviction record. E. The Fair Practices Ordinance of the City of Ithaca Municipal Code was enacted by the Ithaca Common Council in 1984.EN The Fair Practices Ordinance prohibits discrimination on the basis of sexual or affectional preference or orientation. § 90-38. Legal basis of affirmative action. A. Executive Order 11246, as amended by Executive Order 11375. This order, issued by the President in 1965, requires affirmative action programs by all federal contractors and subcontractors and requires that firms with contracts over fifty thousand dollars ($50,000.) and fifty (50) or more employees develop and implement written programs, which are monitored by an assigned federal compliance agency. Specific requirements for such result-oriented programs are spelled out in Revised Order No. 4, issued by the Office of Federal Contract Compliance, United States Department of Labor. These requirements include identifying areas of minority and female underutilization, numerical hiring and promotion goals and other actions to increase minority and female employment in job classifications where they are currently underutilized. B. The Vietnam-Era Veterans Readjustment Assistance Act of 1974 requires employers with government contracts or subcontracts of ten thousand dollars ($10,000.) or more to take affirmative action to employ and advance in employment disabled veterans and qualified veterans of the Vietnam era. C. The Civil Rights Acts of 1966 and 1970 have also been interpreted by the courts to prohibit employment discrimination. Action has been taken under these laws on behalf of individuals, private organizations, trade unions and other groups. New legislation will supersede any and all statements of statute as now contained in this document. October 7, 1998 24 § 90-39. Affirmative Action Advisory Committee. A. The Affirmative Action Advisory Committee was established in 1981 to serve as a communication link between city employees and management. The main reason for the committee formation was to serve as an advisory arm to the Mayor, the Common Council and the [Personnel Administrator] Director of Human Resources/Affirmative Action Officer (AAO) to assist in the achievement of equity in employment opportunities and to identify barriers that have operated in the past to favor some groups of employees over others in the city government labor force. B. The Committee will provide advice and consultation to the [Personnel Administrator] Director of Human Resources/AAO on the development, implementation and conduct of the city's affirmative action program. Also, the Committee will attempt to provide a channel of communication for all city employees to express their concerns, through representative Committee members, about equal opportunity and other aspects of affirmative action. The overall objective of the Committee is to use the experience gained from these communications to improve existing city policies or to propose new policies which will help improve affirmative action as an integral part of the operations of the City of Ithaca government. C. Committee membership includes representatives of city departments, the [Personnel Administrator] Director of Human Resources/AAO, representatives from minority organizations and women and handicapped representation. The members will serve for periods of three-year staggered terms. The Affirmative Action Advisory Committee will prepare an annual report evaluating the city's progress which will be distributed to all sites in receipt of the affirmative action plan and all interested community groups/organizations. § 90-40. Employment policies. The City of Ithaca's affirmative action program is operated in conjunction with civil service. Existing employment policies have been adopted by the City of Ithaca Common Council and the Civil Service Commission, including the classification of all positions in the executive and legislative branches; minimum qualifications and the method of selection for any such position, promotion or transfer; causes and methods of removal from any such position, including demotions, layoffs and dismissals; annual sick and other leave; compensation and awards; resignations; work schedules; disciplinary actions, including suspensions and within-grade reductions; and procedures for resolving major complaints and grievances. These policies are included and available for review in the City of Ithaca Personnel Manual, City of Ithaca Civil Service Rules and New York State Civil Service Law. A. Recruitment. The City of Ithaca adheres to a positive and continuing effort to inform its interested residents about employment opportunities available to them within the city civil service system. Some of the specific actions taken are as follows: (1) Continued use of the statement "an equal opportunity employer with an affirmative action plan" on all application forms, examination and recruitment announcements, classified advertising and all other printed materials. (2) Continued use of local media to dispense information on job opportunities within the City of Ithaca. This includes all newspapers that print press releases and the local radio stations which periodically announce civil service information (jobs, training, exam notices, etc.). (3) Making appropriate contacts with the following, but not necessarily limited to: community counselors of all secondary schools and colleges in Tompkins County. Arrangements may be made with the schools to provide appropriate civil service information and to recruit interested qualified students for available positions. (4) Continuous expansion of our mailing list, which includes but is not limited to minority and female organizations, schools, and colleges, employment centers, churches and other community-based organizations. October 7, 1998 25 (5) Providing general career information and referrals to those who walk in seeking employment. (6) Conducting career seminars at local secondary schools and colleges stressing the connection between educational achievements and possible employment. (7) Maintaining effective and continuing liaison between groups in the City of Ithaca, including but not limited to citizen councils and agencies which demonstrate a relationship to the economically disadvantaged and protected-class individuals. B. Examination and selection procedures. (1) Employment and selection procedures will: (a) Realistically and directly relate to actual duties to be performed. (b) Evaluate the person for the job. (c) Not be arbitrary or discriminatory. (d) Involve only job-related questions to avoid blocking qualified candidates from employment. (e) Be reviewed and revised periodically, as necessary, to ensure that selection was based solely on job-related factors. (2) The City of Ithaca will encourage the State of New York to undertake the task of developing civil service examinations which are relevant to the position being sought and: (a) Provide accurate job specification/descriptions to assist in the validation. (b) Render such other assistance as appropriate in the examination area. (3) Additionally, the City of Ithaca [Personnel Department] Human Resources Department and Civil Service Commission will periodically review, evaluate and revise job specifications to ensure that: (a) Specifications accurately describe the work of the positions allocated to the class. (b) All entrance requirements are job-related. (c) Requirements of education or experience or restrictions on age, sex or physical characteristics are deleted unless they are proved to have a direct relationship on the job. C. Support. General responsibility for the enforcement of the plan lies with the Mayor. The [Personnel Department] Human Resources Department will provide control and guidance necessary to implement the policies established under the affirmative action plan, using the following methods: (1) Analyzing employment patterns and wage scales within the city government and devising plans to discover possible problem areas. (2) Identifying and removing impediments to equal employment opportunity by establishing goals for affirmative action whenever found to be necessary. (3) Providing for the internal and external dissemination of city policy. (4) Pursuing the pledge of equal employment opportunity by providing for the continual review, evaluation and improvement of city actions in carrying out this policy and the affirmative action plan. D. Actions concerning the handicapped. (1) The City of Ithaca will maintain contact with the Office of Vocational Rehabilitation to secure referral of qualified handicapped individuals. The Office of Vocational Rehabilitation and members of the [Personnel Department] Human Resources Department will work in conjunction to determine: (a) The extent of the handicap. (b) The individual's ability to perform the job duties of a particular position. (c) The degree of accommodation to be made (must be reasonable). October 7, 1998 26 (2) Section 55 of the Civil Service Law grants this agency the right to reclassify competitive-class positions to noncompetitive-class positions to accommodate handicapped individuals who encounter difficulty in securing employment. (3) The [Personnel Department] Human Resources Department will also maintain close contact with community agencies and organizations to promote the hiring of qualified handicapped individuals. § 90-41. Responsibilities of department heads. A. Top management support is a prerequisite to any successful EEO program, and that support must be visible to all, inside and outside the City of Ithaca government structure. It is this combination of that commitment that will be the key to success in our EEO efforts. B. All department heads are responsible for ensuring that the EEO program is implemented as prescribed by the City of Ithaca Common Council. Department heads must recognize that EEO is important enough to merit their individual attention. C. Equal employment opportunity responsibility touches all parts of the employment function from appointment to termination. It is important that department heads convince top-level supervisors in their organization of the priority that the City of Ithaca places on the EEO program and influence their attitudes and behavior as they come in contact with the various elements of the program. D. The department heads must be familiar with the City of Ithaca's affirmative action plan and ensure that supervisors throughout their departments at all locations know what their responsibilities are and that they promote the EEO program. It is imperative that department heads and supervisors clearly understand their own responsibilities for carrying out the EEO and affirmative action policies. E. The department heads will post the EEO policy and make the affirmative action plan accessible to employees. Department heads will also review it with key supervisors at regularly scheduled meetings; check their recruiting practices; ensure that they are free of unlawful discrimination; expand and refine, where appropriate, their recruiting efforts to reach women, minorities, the handicapped, etc.; and review the minority employment data prepared and disseminated periodically by the [Personnel Department] Human Resources Department. The success or failure of this program depends on how well top management and department heads support, communicate and provide a positive climate. § 90-42. Implementation and assignment of responsibilities. The Mayor and the Common Council is ultimately responsible for the implementation of the equal employment opportunity and affirmative action policy, with the overall preparation and coordination of the affirmative action plan as the responsibility of the [Personnel Administrator] Director of Human Resources/AAO. For the fullest possible implementation of the affirmative action program, responsibility and accountability for complying with EEO/affirmative action goals and practices are clearly delineated. A. Organization and administration of the EEO/AA program are the responsibilities of the [Personnel Administrator] Director of Human Resources/AAO, who is accountable to the Mayor and the Common Council for all phases of the program. The [Personnel Administrator] Director of Human Resources/AAO shall work with department heads in solving problems which may arise and continually attempt to prevent the occurrence of such problems. B. Recruitment and selection procedures are the responsibility of the [Personnel Administrator] Director of Human Resources/AAO, who is accountable to the Mayor and the Common Council. In those job categories where under representation is evident, outreach recruitment will be done in order to ensure that eligible lists submitted to departments consistently contain a representative number of women and minorities as can be accomplished in accordance with Civil Service Rules, Regulation and Law. The [Personnel Administrator] Director of Human Resources/AAO and department October 7, 1998 27 heads shall work closely in developing appropriate outreach recruitment techniques and solutions to identified problems. C. Responsibility for monitoring compliance with the above procedures and making recommendations to the Mayor and the Common Council for appropriate disciplinary action for failure to comply with EEO/affirmative action regulations is assigned to the [Personnel Administrator] Director of Human Resources/AAO. Whenever a managerial or supervisory employee is found to be in violation of EEO/AA regulations or practices, appropriate disciplinary action up to and including dismissal may result. D. Providing opportunities for utilization of present skills of employees is the responsibility of the [Personnel Administrator] Director of Human Resources/AAO, who is accountable to the Mayor and the Common Council. It will be his/her responsibility to review qualification requirements to ensure elimination of unnecessary or non-job-related criteria within the classification structure and submit such qualification requirements to the Civil Service Commission for consideration of reevaluation and rewrite. The [Personnel Administrator] Director of Human Resources/AAO shall provide technical assistance with recommendations to overcome unnecessary barriers in this area. E. Assuring EEO/AA program understanding, support and compliance by all supervisors and managers is the responsibility of the [Personnel Administrator] Director of Human Resources/AAO and the Affirmative Action Advisory Committee, who are accountable to the Mayor and Common Council. It is strongly suggested that affirmative action training sessions should take place at least annually for supervisors, managers and any other job levels considered appropriate in all departments. F. Developing upward as well as lateral mobility opportunities for employees is the responsibility of the [Personnel Administrator] Director of Human Resources/AAO, who is accountable to the Mayor and the Common Council. Any vehicle for lateral and upward mobility that is developed must meet EEO/AA requirements. G. Participation in community efforts to improve conditions which affect employability is the responsibility of the [Personnel Administrator] Director of Human Resources/AAO, who is accountable to the Mayor and the Common Council. Such efforts should assure that the city is involved with and aware of community efforts to improve conditions which affect employability, including effective public transportation systems, day-care centers and housing opportunities. The various city departments are expected to assist in this area as appropriate. H. Development of the system for EEO/affirmative action evaluation is the responsibility of the [Personnel Administrator] Director of Human Resources/AAO, who is accountable and will make such reports to the Mayor and the Common Council at least once per year. (See § 90-45, Internal audit system.) I. Prompt, fair and impartial processing of complaints of discrimination and EEO/AA counseling are the responsibility of the [Personnel Administrator] Director of Human Resources/AAO, who is accountable to the Mayor and the Common Council. The City of Ithaca Common Council adopted a grievance procedure in July 1987. (See § 90-46.) J. Disseminating information from federal, state and local agencies on current legislation and court decisions or other policy guidelines concerning EEO and affirmative action to city officials and employees shall be the responsibility of the [Personnel Administrator] Director of Human Resources/AAO. K. Supervisors and managers will be accountable to their department head for compliance with affirmative action regulations for those employees under their supervision. Appropriate action may be taken by the department head for failure to adequately perform these responsibilities. It is also the responsibility of supervisors and managers to act as a liaison between employees in their department and the [Personnel Administrator] Director of Human Resources/AAO with respect to the dissemination of affirmative action policy and to keep the [Personnel Administrator] Director of Human Resources/AAO October 7, 1998 28 apprised of underutilization of women and minorities in their department in an effort to reach full utilization. L. Department heads will be accountable to the Mayor and Common Council for compliance with affirmative action regulations for those employees under their supervision. Appropriate action may be taken by the Mayor or the Common Council for failure to adequately perform these responsibilities. It is the responsibility of department heads to report quarterly to the [Personnel Administrator] Director of Human Resources all activity with regard to the hiring and termination of city personnel within their respective departments. The [Personnel Department] Human Resources Department will provide any necessary forms to the department heads and monitor returns. It is also the responsibility of department heads to act as a liaison between employees in their department and the [Personnel Administrator] Director of Human Resources/AAO with respect to the dissemination of affirmative action policy and to keep the [Personnel Administrator] Director of Human Resources/AAO apprised of underutilization of women and minorities in their department in an effort to reach full utilization. M. Minority and women's business enterprise responsibilities have been assigned to the City of Ithaca Purchasing Agent, who will be responsible for the policies, procedures and guidelines. § 90-43. Communication of policy. The city of Ithaca's affirmative action program implementation will include procedures for dissemination of affirmative action policy in addition to that contained herein. The primary objective of this aspect of the plan and program is to ensure awareness and understanding of and adherence to the program by all employees. It is understood that this is a crucial factor in determining the eventual success of our efforts toward achieving the goal of equal employment opportunity for the City of Ithaca. A. Internal. (1) Wherever possible within the city government, we have communicated the affirmative action policy letter reflecting the City of Ithaca's concern and commitment to ensure equality of employment opportunity to all employees and particularly department/agency heads who are involved with the appointment, transfer, promotion and termination of city personnel. (2) An Affirmative Action Advisory Committee has been established composed of members of target population organizations, members at large, employees of the city and the [Personnel Administrator] Director of Human Resources/AAO, to review and monitor affirmative action progress. (See § 90-39 for additional information concerning this Advisory Committee.) (3) It is strongly suggested that those in positions with hiring authority meet with the [Personnel Administrator] Director of Human Resources/AAO to conduct reviews of EEO/AA performance as compared to the affirmative action plan. EEO/AA progress will be reviewed and remedial action as warranted will be initiated as a result of these reviews. (4) Affirmative action training sessions are an important part of the affirmative action program. All department heads and supervisors will be asked to attend such sessions, which will be arranged by the [Personnel Administrator] Director of Human Resources/AAO. (5) An updated equal opportunity/affirmative action policy statement will be made a part of the City Personnel Manual. (6) The written plan will be distributed to all divisions of city departments for review by department heads and section supervisors. (7) The EEO policy statement by the City of Ithaca is posted throughout the city departments and offices for employee review. B. External. (1) Dissemination of EEO/affirmative action policy will include publicizing affirmative action policy to organizations within the community whose membership is known to include significant numbers of protected October 7, 1998 29 classes. Continuous contact with such organizations will be maintained by the [Personnel Administrator] Director of Human Resources/AAO for assistance in current protected-class recruitment and to also aid in maintaining a flow of such applicants for future openings. All organizations contacted will be advised of our affirmative action policy commitment to meeting protected-class hiring goals and our current openings. Additional recruiting sources will be cultivated as a part of our outreach recruiting programs. All sources will be informed of the City of Ithaca's affirmative action policy. Employment advertising will make reference to EEO in the City of Ithaca and clearly convey the city departments' desire to interest protected-class applicants. Each advertisement will include the statement "an equal opportunity employer with an affirmative action plan. Minorities and women are encouraged to apply." (2) Copies of the written plan will be distributed to libraries within the city and city community centers for applicant review. (3) On a continuing basis, we will reaffirm our affirmative action policy with our recruiting sources both verbally and in writing. Our continuing desire to hire and retain protected-class employees will be emphasized and implemented. C. Sources used for outreach recruitment. Sources for outreach recruitment include: (1) Inside/outside employment opportunities bulletin: all city departments and agencies and other applicant sources, including organizations representing protected classes. (2) College and high school recruitment: local colleges, universities and high schools, including those with large minority and female enrollments, and involvement with career day seminars. (3) News media: major newspapers and periodicals, as well as applicable minority publications, for management/mid-management positions. All positions will be advertised in the local area. See the Appendix for the recruitment list. EN (4) Other: Cooperative efforts with the Tompkins County Personnel Department and County Affirmative Action Advisory Committee have been initiated to share applicant information. Both Committees have pledged commitment to expanding and strengthening mutual efforts. § 90-44. Monitoring and control of affirmative action. A. Guidelines and rationale. (1) When the number of protected-class employees is less than the available labor market statistics, it is possible that less than adequate utilization of such classes exists. (2) The normal information furnished in this area is to establish guidelines or norms expressed as percentages in a particular occupational job category. The city affirmatively desires to move to more fairly reflect its surrounding community labor market; and since no previous guidelines or norms have been set in the past, it is the intent at this point to concentrate on getting more protected classes placed in city employment. The city will also prepare present employees for upward mobility (promotional opportunities) by department rather than preparing goals by individual position description. (3) Whereas the city is committed to increasing the numbers of protected classes in all departments and agencies at all levels within the city's employ, special emphasis will be placed on hiring such individuals at management/mid-management and supervisory levels. Due to the small number of projected new hires, the hiring goals that make up minorities have not been listed separately. A good-faith effort will be required by all department heads, supervisors and elected officials to additionally concern themselves with placement of protected classes in those positions where it is obvious that historically these individuals have not October 7, 1998 30 been assigned. The city will also continue to make provisional appointments, as required, and will follow affirmative action hiring guidelines and principles in making such appointments. B. Statistical distribution. Ongoing assessments of the major areas of the city's employment process have resulted in the following conclusions and planned actions: (1) The whole area of statistical monitoring and analysis will be given continued attention by the [Personnel Department] Human Resources Department, whose responsibilities will be to increase activity in the affirmative action area. (2) Minimum qualifications for selected civil service job classifications will be reviewed to ensure that they are job-related and necessary to the performance of the particular job. Those job classifications and positions with less than expected proportions of protected classes will be given first priority. (3) The State Civil Service Commission requires that selection of personnel be made only from the top three (3) positions on the eligible list for competitive class positions. Recognizing that some prospective applicants fear the testing process, due in part to past inability to receive appropriate training for certain fields of endeavor, a civil service test preparation program has been initiated by the city. Special emphasis will be given to those positions which have been underutilized historically for protected-class individuals. (4) Referral and recruitment. (a) Most noncompetitive vacant positions below the management/mid-management level are often filled very quickly without a lengthy announcement period. This is often a barrier to effective outreach recruiting for minority job candidates. Therefore, for noncompetitive positions below the management/mid- management level, a pool of applicants for persons previously applying for positions will be maintained for instant referral. (b) In the case of competitive positions, most vacant positions will have a thirty- to ninety-day announcement period from opening to closing, except as restricted by state civil service restraints. The City of Ithaca's civil service employment opportunity bulletin (job announcement) is mailed to approximately one hundred (100) or more referral sources, as well as being published in local newspapers and announced on local radio stations. In addition, job announcements for management and mid-management positions will be sent to existing minority counselors and minority student assistance programs at the colleges and universities in Tompkins County and contiguous counties, as well as those in Broome, Monroe, Onondaga and Steuben Counties. (See Appendix 6.) This area will be examined more closely to determine ways to maximize outreach efforts, and an attempt will be made to start notification earlier to allow for maximum time for the test preparation course to be conducted. (c) In addition, the [Personnel Administrator] Director of Human Resources/AAO will periodically solicit information from department heads and other appropriate persons, as well as meet with the Affirmative Action Advisory Committee, to explore ways of improving the referral network, recruiting visibility and face-to-face contact with referral source persons, and to assure that information is disseminated in sufficient time and widely enough to touch all sources. C. Determination of goals. (1) Goals are not established in the form of rigid and inflexible quotas. They are, however, targets that are reasonably attainable by applying a good-faith effort to correct any deficiencies. October 7, 1998 31 (2) In determining the level of goals, the city shall consider the following: (a) The minority and female population of Tompkins County. (Complete protected-class figures are not currently available.) (b) The percentage of minorities and women in the work force as compared with total work force potential. (c) The availability of minorities and women whom the city can reasonably recruit. (d) The availability of promotable minorities and women within the city structure. D. Affirmative action goals. (1) Affirmative action goals include the following: (a) To have an appropriate percentage of protected-class individuals at all levels in city government, particularly with reference to administrative, professional, management, technical and skilled-craft positions. (b) To provide upward mobility for all city employees. (c) To involve executive and supervisory personnel in achievement of these goals. (2) All administrative decisions and actions regarding increasing minority and female hiring must be made in strict accordance with position requirements. Thus, all individuals must be minimally qualified for any and all positions for which they are hired. E. Equal employment opportunity goals. Equal opportunity goals include the following: (1) To ensure that the City of Ithaca does not discriminate against protected classes with respect to the terms and conditions of employment. (2) To ensure that all city employees, prospective applicants and the community are aware of the City of Ithaca's commitment to equal employment opportunity and affirmative action. (3) To involve executive and supervisory personnel in achievement of these goals. § 90-45. Internal audit system. The City of Ithaca's system for auditing our affirmative action program progress and detecting potential problems is described below. This system involves a number of checks on personnel actions affecting affirmative action in general. The [Personnel Administrator] Director of Human Resources will compile required information and will provide semiannual reports to the Mayor, the Common Council and the Affirmative Action Committee. (Copies will be furnished to department heads upon their request.) § 90-46. Policy; restated; complaints of discrimination. A. It is the policy of the City of Ithaca to provide equal employment opportunity to all applicants for city jobs as well as all city employees. It is the intent of the city to provide such opportunities in accordance with federal, state and local laws and rules, regulations and guidelines promulgated by federal, state and local agencies. B. It is the City of Ithaca's policy to provide equal employment opportunity in all areas of employment, including but not limited to recruitment, hiring, orientation, training, promotion and termination. To meet this end, the city has disseminated to all department heads a copy of the city's affirmative action plan. Department heads are encouraged to make every effort to recruit, hire and promote qualified individuals without regard to race, sex, age, color, religion, handicap, marital status, national origin, political affiliation, veteran status, sexual orientation and/or affectional preference. In addition, the city's Affirmative Action Officer and Affirmative Action Advisory Committee shall act in an advisory capacity to the city's chief executive, legislative body, appointed officials and department heads on matters concerning affirmative action and equal employment opportunity. October 7, 1998 32 C. To assist employees and applicants in resolving complaints of alleged employment discrimination, the Affirmative Action Advisory Committee has developed and established a complaint procedure. Applicants and employees who feel that they may have been discriminated against based on race, sex, age, color, religion, marital status, national origin, political affiliation, physical or mental handicap, veteran status or sexual orientation/affectional preference should contact the [Personnel Administrator] Director of Human Resources of the City of Ithaca and follow the procedure outlined herein. The City of Ithaca will make every effort to resolve the complaint. The complainant will be advised of the results of the Personnel Administrator's investigation at every stage of the procedure and will receive, in writing, the findings of the [Personnel Administrator] Director of Human Resources following a thorough investigation of the complaint. D. Complaint procedure. (1) Step I: If an employee or applicant feels that he/she has been discriminated against in some fashion related to employment opportunities or the terms and conditions of employment, such employee should notify the [Personnel Administrator] Director of Human Resources of the City of Ithaca within thirty (30) working days of the alleged discriminatory act or as soon as he/she could have reasonably known that such alleged discriminatory act had occurred. (NOTE: An applicant for a City of Ithaca position vacancy who feels that he/she has been discriminated against may also file a complaint directly with the Tompkins County Human Rights Commission, 1287 Trumansburg Road, Ithaca, New York 14850.) (2) Step II: The individual alleging employment discrimination should meet with the [Personnel Administrator] Director of Human Resources to discuss the details of the alleged discriminatory act. After that meeting, the individual should complete the attached complaint form. The completed form will be filed with the [Personnel Administrator] Director of Human Resources. A copy of the completed form will be given to the complainant, and a second copy will be filed with the Chairpersons of the Affirmative Action Advisory Committee. (3) Step III: The [Personnel Administrator] Director of Human Resources will conduct a preliminary investigation of the complaint, including but not limited to contacting the person's immediate supervisor and department head to discuss the facts of the complaint. If the complaint involves other city personnel, the [Personnel Administrator] Director of Human Resources will interview those persons as appropriate. Upon completion of this investigation into the facts of the case, the [Personnel Administrator] Director of Human Resources will submit a written report of findings to the Chairpersons for the Affirmative Action Advisory Committee, the Mayor, the complainant and the department head. The report of findings should also contain recommendations for resolving the complaint. The [Personnel Administrator] Director of Human Resources should complete the investigation within twenty (20) working days of the formal filing of the complaint. If the investigation is incomplete, a preliminary report must be made within the same time frame. (4) Step IV: If the complaint is found to be without basis, the [Personnel Administrator] Director of Human Resources will notify the complainant of the findings and direct the complainant to other appropriate agencies should the complainant wish to pursue the complaint further. If the complaint is found to have basis, the [Personnel Administrator] Director of Human Resources will set up a meeting between the parties involved and make every effort to reach an appropriate resolution to the problem. If the complaint cannot be resolved at this stage, the complainant will be advised, in writing, of his/her right to go to other outside agencies, such as the Tompkins County Human Rights Commission and the United States Equal Employment Opportunity Commission, to seek remedy. October 7, 1998 33 § 90-47. Additional provisions. A. Every effort will be made to keep all discrimination complaints, both formal and informal, confidential. B. Each complainant will be extended the full cooperation and courtesy of the [Personnel Administrator] Director of Human Resources and appropriate staff. C. Each complaint investigation will be thorough, timely and unbiased. D. The [Personnel Administrator] Director of Human Resources will avail himself/herself to all employees and applicants for the purpose of receiving and discussing complaints or alleged employment discrimination. E. All reports and other records developed in a particular case in this procedure shall be kept in a separate, confidential file in the office of the [Personnel Administrator] Director of Human Resources. ARTICLE VII, Recruitment and Selection Procedure for Department Heads and Managerial Personnel § 90-48. Recruitment. A. A search committee for the vacant position shall be established by the Mayor according to the following: (1) The membership of the committee shall be: (a) Three members of the appropriate overseeing lay board or commission, if any, to be selected by that board or commission. (b) Three members of the Common Council, to be selected by the Common Council. (c) One person with professional experience in the job area at issue, to be appointed by the Mayor; however, if the appointment is to the position of deputy or assistant, the Mayor shall appoint the applicable department head. (d) The [Personnel Administrator] Director of Human Resources, except when the appointment is to the position of [Personnel Administrator] Director of Human Resources, as a nonvoting member. (e) Other nonvoting members as the committee deems necessary and appoints. (2) In the event of a disagreement as to which lay board or commission is to be represented, the Mayor shall designate the appropriate overseeing lay board or commission. (3) Upon the formation of the committee, the Mayor shall notify the [Personnel Department] Human Resources Department of the composition of the search committee. (4) The search committee shall comply with all local, state and federal laws, rules and regulations concerning hiring practices and procedures. B. Upon the receipt of a resume, the [Personnel Department] Human Resources Department shall send a blind equal employment opportunity questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. C. Upon the return of the EEO questionnaire, the [Personnel Department] Human Resources Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. D. The[ Personnel Department] Human Resources Department shall review all applications and resumes received for the position against the established position qualifications. The [Personnel Department] Human Resources Department shall then prepare a summary of the credentials of the qualified candidates. § 90-49. Search committee; selection of candidates for interviews. A. A search committee for the vacant position shall be established by the Mayor, pursuant to § C-26 of the City Charter. The Mayor shall then notify the [Personnel Department] Human Resources Department of the composition of the search committee. October 7, 1998 34 B. Following the closing date for the submission of applications, the [Personnel Department] Human Resources Department shall organize the initial search committee meeting. The [Personnel Department] Human Resources Department shall supply each search committee member with the summary of candidate credentials, copies of all approved applications and a copy of the applicant pool profile prior to the initial meeting. The search committee members shall independently review the above information prior to meeting and shall bring their comments and recommendations on the candidates pool to the initial meeting. C. At its initial meeting, the search committee shall review the applicant pool profile and determine whether it is necessary to re-advertise the position. (1) If a decision to re-advertise is made, it shall be made in consultation with the Mayor. (2) If the search committee determines that the applicant pool profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. D. Prior to conducting the interviews, the search committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the search committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. § 90-50. Interview process. A. The [Personnel Department] Human Resources Department shall schedule interviews with the candidates selected by the search committee. Approximately one (1) hour shall be reserved for each interview. B. Prior to the interviews, the [Personnel Department] Human Resources Department shall prepare an informational packet for each search committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The [Personnel Department] Human Resources Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. An information packet shall also be prepared for the Mayor, and the [Personnel Department] Human Resources Department shall invite the Mayor to attend the search committee interviews. C. During the interviews, the search committee will attempt to ask similar questions of all candidates so that all candidates are judged by the same standards. It is understood, however, that different follow-up questions will probably be necessitated by the various candidate responses. D. Reasonable travel and interview expenses shall be paid to candidates upon the submission of a city voucher. All efforts shall be made for candidates to use the least-expensive mode of transportation to Ithaca and to avoid the need for lodging expenses unless candidates reside more than four (4) hours from Ithaca. E. Throughout the search process, the [Personnel Department] Human Resources Department shall keep candidates apprised of the status of the search. § 90-51. Committee recommendations. A. Following the candidate interviews, the search committee shall discuss and evaluate the candidates. The search committee may request that the [Personnel Department] Human Resources Department solicit candidate references prior to making recommendations to the Mayor. After discussion and evaluations, the committee shall choose the top three qualified and eligible candidates and forward their names to the Mayor for consideration, with comments in support of each recommendation. October 7, 1998 35 B. It shall be the decision of the search committee as to whether the names recommended to the Mayor are or are not ranked. C. At the request of the search committee, the [Personnel Department] Human Resources Department shall prepare the committee's recommendations and forward them to the Mayor. § 90-52. Selection by Mayor. A. The Mayor may conduct interviews with one or more of the candidates recommended by the search committee at his/her discretion. B. The Mayor shall make the appointment from the list of three names with the consent of the Common Council. C. Following the selection of a candidate, the Mayor shall notify the Common Council and the search committee of his/her selection and shall forward his/her salary recommendations to the Budget and Administration Committee for its review. D. It shall be the decision of the Mayor as to whether a public announcement of the selection shall be made prior to or following the official appointment of the candidate. E. Once the Mayor has offered the position to a candidate and the candidate has accepted the position but prior to the public announcement of the selection, the Mayor shall direct the [Personnel Department] Human Resources Department to notify all remaining candidates that a selection has been made. § 90-53. Affirmative action. The city's affirmative action policies will apply in all stages throughout this process. ARTICLE VIII, Sexual Harassment § 90-54. Statement of policy. A. It is the policy of the City of Ithaca in its capacity as an employer, to provide and maintain a work environment which is free from unlawful discrimination. Sexual harassment is a form of unlawful discrimination and is prohibited in each and every city work environment and each and every situation which directly impacts a city work environment. B. The City of Ithaca considers sexual harassment to be a form of employee misconduct and considers this type of misconduct to be a serious offense. Allegations of sexual harassment will be investigated thoroughly and, if substantiated, will be met with appropriate corrective and/or disciplinary action commensurate with the seriousness of the offense(s), up to and including discharge. § 90-55. Federal definition adopted. A. According to Federal Equal Employment Opportunity Commission (EEOC) guidelines, "sexual harassment" is defined as follows: "Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature when: "1. Submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment: "2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or "3. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment." B. The City of Ithaca hereby adopts the above definition of sexual harassment. The definition applies to the conduct of a supervisor towards a subordinate; the conduct of one employee towards another employee; the conduct of an employee towards a job applicant; and the conduct of a non- employee towards a city employee. October 7, 1998 36 § 90-56. Reporting and investigation of complaints. A. If a city employee is subject to a situation which he/she believes constitutes sexual harassment in violation of this policy, the city recommends that the employee confront the harasser directly and advise the harasser that his/her behavior is not welcomed and will not be tolerated. Employees should keep a written record of any alleged sexual harassment incident, including the date, time, location, names of the people involved, witnesses (if any) and who said or did what to whom. B. If an alleged incident of sexual harassment cannot be resolved directly between the parties involved, a formal complaint should be filed by the affected employee with either his/her department head or the [Personnel Administrator] Director of Human Resources. Employees may also file sexual harassment complaints with either the Tompkins County Human Rights Commission or the United States Equal Employment Opportunity Commission or pursue any other remedies as permitted by law. C. Sexual harassment complaints will be investigated as promptly as possible and resolved within thirty (30) days of the receipt of the complaint. Department heads who receive sexual harassment complaints should contact the [Personnel Administrator] Director of Human Resources immediately to coordinate an investigation of the complaint. All information gathered during an investigation of a sexual harassment complaint will be handled in a confidential manner. Retaliation against any individual making such a complaint is forbidden. (This does not, however, preclude an individual from exercising his/her legal rights in any way.) § 90-57. Appeal procedures. A. In the event that the city investigates a sexual harassment complaint and determines that the incident(s) reported does not constitute sexual harassment as defined in this policy, the employee who filed the complaint may appeal the city's determination through the Tompkins County Human Rights Commission and/or the United States Equal Employment Opportunity Commission. Said employee may also appeal the city's determination through the grievance procedure outlined in his/her labor contract. B. If, as a result of an investigation by the city, disciplinary charges are filed against an employee on the grounds that the city believes the employee is guilty of sexual harassment, the accused employee may exercise his/her rights through the disciplinary procedure provided for in his/her labor contract. C. In the event that either the employee alleging sexual harassment or the employee being charged with sexual harassment is not covered by a labor contract, he/she may exercise his/her appeal rights provided for by Civil Service Law. § 90-58. Responsibilities of managers and supervisors. A. All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from sexual harassment and its effects. B. All managerial and supervisory staff who receive sexual harassment complaints will be responsible for immediately forwarding such complaints to either their department head or the [Personnel Administrator] Director of Human Resources for investigation. C. The city shall conduct training for managerial and supervisory staff in each department on the issues surrounding sexual harassment, its effects and its appearances and the role and responsibility of supervisory personnel in preventing incidents of sexual harassment and resolving sexual harassment complaints. D. The city shall also distribute this policy to all city employees and conspicuously post this policy at all city work sites. Copies of this policy will also be distributed to new employees as they are hired. The city shall also conduct October 7, 1998 37 training for city employees on the concept and definition of sexual harassment, the issues surrounding it and ways in which to deal with sexual harassment. Section 9. The following chapter is hereby enacted: Chapter 103, RESIDENCY REQUIREMENTS ARTICLE I, Boards, Committees and Commissions § 103-1. Residency required. Unless specifically provided to the contrary or otherwise required by law or contractual provisions, at least two-thirds (2/3) of the voting membership of each city board, commission and committee shall consist of residents of the City of Ithaca. § 103-2. Transitional provisions. With respect to any board, commission or committee which does not satisfy this requirement, the board, commission or committee shall continue to function with its then current membership; however, all new appointments, including reappointments to such board, commission or committee shall be residents of the City of Ithaca until the appropriate percentage of city residents has been reached on each board, commission or committee. Section 10. The following chapter is hereby enacted Chapter 120, ZONING AMENDMENTS PROCEDURE § 120-1. Procedural guide adopted. The guide for Zoning Ordinance amendments dated October 3, 1990, is hereby adopted by the Common Council to serve as a procedural guide for the consideration of proposed amendments to the Zoning Ordinance. § 120-2. Construal of provisions. A. The adoption of this guide shall not in any way substitute for or obviate the need for strict compliance with the procedural requirements for Zoning Ordinance amendments contained in state or local laws. B. The adoption of this guide shall not constitute a new set of binding procedural requirements for the amendment of the Zoning Ordinance, and failure to follow the procedural suggestions in this guide shall not cause a defect in the approval of a Zoning Ordinance amendment, provided that all legal requirements are met. § 120-3. Guide for amendments. A. This guide for the review of Zoning Ordinance amendments is designed to accommodate three (3) different types of situations. The procedure used would depend on the complexity of the zoning amendment being considered. The Planning and Development Committee would determine which procedure is appropriate. The steps outlined are intended as a guide, not as rigid requirements. B. The three (3) different procedures are as follows: (1) Expedited Zoning Ordinance amendment (minor word or number change which only modifies the existing zoning concept). (a) Referral. The Planning and Development Board or the Common Council refers a zoning issue to the Planning and Development Committee. Changes may also be undertaken by the Planning and Development Committee without referral. (b) Concept memo. The Planning and Development Committee directs the Planning and Development staff to draft a memorandum explaining the concept of the proposed zoning change. The memorandum is referred to the Planning and Development Board for review and comment. If, in the opinion of the Planning and Development Committee, the concept does not require drafting of a October 7, 1998 38 concept memorandum, the proposed concept may be referred orally to the Planning and Development Board by the liaison to the Board. (c) Comments received. Comments on the proposed change are brought back to the Planning and Development Committee through an oral report from the liaison. Comments may also be referred in writing. The Planning and Development Committee may advance the proposed amendment, modify it, request more information or terminate consideration. The Planning and Development Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment. (d) Amendment first draft. The Planning and Development Committee directs the Planning and Development staff in conjunction with the City Attorney to draft the proposed change. Environmental review is initiated. If possible, the Planning and Development Committee Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to the Attorney, the Building Commissioner, the Engineering Department, the Conservation Advisory Council and the Planning and Development Board. (e) Referral to the committee of the whole (or a combined meeting of the affected committees or boards). The Planning and Development Committee receives comments on the draft and directs the Planning and Development staff to make appropriate modifications to the amendment. The modified amendment is referred by the Planning and Development Committee to the committee of the whole (or a combined meeting of the affected committees or boards). The committee of the whole refers the amended draft to the Common Council. (f) Public hearing. The Common Council calls for a public hearing and directs that the change be advertised. (g) Council actions. The Common Council votes on the proposed amendment. (2) Complex Zoning Ordinance amendments (extensive changes to the rules for a zoning district, a map change or similar major modification to the Zoning Ordinance). (a) Referral. The Planning and Development Board or the Common Council refers a zoning issue to the Planning and Development Committee. Changes may also be undertaken by the Planning and Development Committee without referral. (b) Concept memo. The Planning and Development Committee directs the Planning and Development staff to draft a memorandum explaining the concept of the proposed zoning change. The memorandum is referred to the Planning and Development Board, the Conservation Advisory Council, the City Attorney, the Building Commissioner, the City Engineer and the Director of Planning and Development for review and comment. (c) Comments received. The Planning and Development Department receives and compiles comments for consideration by the Planning and Development Committee. Written comments are preferred. The Planning and Development Committee may advance the proposed amendment, modify it, request more information or terminate consideration. The Planning and Development Committee may request that the Planning and Development Board take a lead role in drafting a zoning amendment. (d) Amendment first draft. The Planning and Development Committee directs the Planning and Development staff in conjunction with the City Attorney to draft the proposed change. Environmental review is initiated. If possible, the Planning and October 7, 1998 39 Development Committee Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to the Attorney, the Building Commissioner, the Engineering Department, the Conservation Advisory Council and the Planning and Development Board. (e) Referral to committee of the whole (or a combined meeting of the affected committees or boards). The Planning and Development Committee receives comments on the draft and directs the Planning and Development staff to make appropriate modifications to the amendment. The modified amendment is referred by the Planning and Development Committee to the committee of the whole (or a combined meeting of the affected committees or boards). The committee of the whole refers the amended draft to the Common Council. (f) Public hearing. The Common Council calls for a public hearing and directs that the change be advertised. (g) Council action. The Common Council votes on the proposed amendment. (3) Extensive Zoning Ordinance amendments (development of a new zoning district or ordinance section or extensive map changes). The procedure shall be the same as in Subsection B(2) above, except that the draft amendments may be referred back to the various boards and committees for comments. Several drafts of the ordinance will likely need to be prepared. Section 11. The following chapter is hereby enacted Chapter 285, STREETS AND SIDEWALKS ARTICLE II, Brick and Masonry Paving Materials § 285-3. Duties of Common Council. The Common Council shall: A. Identify all existing brick- and masonry-paved streets and appurtenances in the City of Ithaca, including those with an asphalt overlay, and evaluate the condition of all brick and masonry streets and appurtenances. B. Document the type of base, cushion and size of brick or masonry on each street and appurtenance and record the date of installation and known repairs. C. Establish a system of categorizing brick and masonry streets and appurtenances and set priorities for which streets and appurtenances will be retained, for example: (1) Local streets and appurtenances within National Register eligible historic districts or on which National Register buildings are located. (2) Local streets and appurtenances in neighborhoods with local historic districts or proposed districts. (3) Streets and appurtenances in residential or commercial areas that have undergone considerable revitalization efforts and that retain their original integrity. (4) Streets and appurtenances with unique paving patterns or materials. § 285-4. Duties of Board of Public Works. The Board of Public Works shall: A. Establish stockpiling methods which conform to the following: (1) All reasonable salvageable brick and masonry materials should be carefully removed from the site and transported to a reasonably secure storage area. (2) All such paving materials are to be cleaned and piled in an orderly and retrievable manner, preferably on pallets, in an economically feasible fashion, the methods of cleaning and stockpiling to be investigated by the Board of Public Works. October 7, 1998 40 (3) Usable paving materials shall be piled according to size and recorded to ensure that an adequate accounting of these valuable resources is made. B. Cross-train Department of Public works personnel to repair/maintain such streets and appurtenances in order to keep the brick-laying skill within the Department. C. Require that all utility and other openings are repaired in kind with identical paving materials and replacement techniques. D. Prepare model specifications and contract documents that reflect current technologies in brick paving. Section 12. The following chapter is hereby enacted: Chapter 320, WATERSHED ARTICLE I, Six Mile Creek Gorge § 320-1. Commitment to preservation and policy on use. A. The Common Council hereby affirms the City of Ithaca's commitment and intent to protect and maintain the following three (3) uses on city holdings within the Six Mile Creek Natural Area, (which area includes the City Watershed and Wildflower Preserve), and which area is defined on a map entitled "Six Mile Creek Natural Area," dated December 1, 1993, which map is filed in the City Clerk's Office: (1) The water supply system, including the reservoirs, raw water line, dams, access roads and the necessary maintenance and alterations to keep the water system operational for present and future use. (2) The current natural resources and natural character of the area, which includes an exceptionally rich flora and fauna in a unique habitat with adjacent buffer land. (3) The opportunities for passive, low-impact recreation appropriate for a natural area of which the City of Ithaca has few that are public and easily accessible. B. In its effort to protect and maintain these attributes, the city shall be guided by the following principles: (1) The city holdings within the Six Mile Creek Natural Area shall remain as natural as possible, with the addition of only minimal human- made elements, such as hiking trails and/or facilities necessary for public safety, and for operation, maintenance and necessary alterations of the water supply system. Nothing herein is intended to prevent construction of the Town of Ithaca's proposed South Hill Recreationway. (2) City boards and staff involved in any plans for construction of new facilities or rehabilitation of existing facilities in the Six Mile Creek Natural Area shall give thorough consideration to the objective of preserving, to the greatest extent possible, all three (3) of the uses listed above. Except in emergency situations where it is not practical, the Natural Areas Commission shall be contacted and given an opportunity to comment before such new construction or rehabilitation is commenced. (4) The city shall continue to seek to protect from development all land within the Natural Area boundary as defined on the aforementioned Six Mile Creek Natural Area map, through a planned strategy of negotiation of voluntary easements, acquisition of development rights, purchase, agreements with the Town of Ithaca, independent actions by the Town of Ithaca or otherwise. Actions to implement this strategy shall be subject to Common Council approval and actively pursued by the City Attorney and a staff member designated by the Director of Planning and Development. (5) The city shall continue to seek to work cooperatively with the Town of Ithaca and the Soil and Water Conservation District to ensure protection of the area. October 7, 1998 41 (6) The Natural Areas Commission shall be the advisory body to the Board of Public Works (and to the Common Council, when appropriate) about the Six Mile Creek Natural Area. The purposes, duties and membership of the Commission are set forth in further detail in Chapter 113, Natural Areas Commission, of this Code. (7) Ecologically informed guidelines for Department of Public Works maintenance activities within the Six Mile Creek Natural Area shall be promulgated by the Department of Public Works, in consultation with the Six Mile Creek Advisory Committee, Circle Greenway, the Parks Commission and the Conservation Advisory Council, and subject to the approval of the Board of Public Works. § 320-02. Public access. The city hereby permits public access to the Six Mile Gorge for walking and nature study between Aurora Street and the sixty-foot dam only on marked paths specified for such purposes. Access to the reservoir area above the sixty-foot dam and the surrounding shore area shall be prohibited, except by special permit from the Department of Public works for scientific studies. No access shall be permitted from 10:00 p.m. until 4:00 a.m. in the natural areas and the restriction of 10:00 p.m. to 4:00 a.m. in the parking area at Giles Street. § 320-3. Public entrances and parking. A. There shall be only seven (7) entrances to the Six Mile Creek Natural Area, all to be marked: (1) Hudson Street at Renzetti Place. (2) Giles Street at Columbia at the present stairway. (3) Giles Street at the Indian campground (west of bridge). (4) Giles Street to the Van Natta's Dam Pond (east of bridge). (5) Giles Street just below East State Street. (6) South Hill Recreation Way. (7) Common Land off New York State Route 79. B. Public parking for gorge use shall be maintained only at Van Natta's Dam Pond just south of the Giles Street bridge. § 320-4. Prohibited activities. A. The city hereby prohibits the following activities throughout the Six Mile Creek Natural Area, unless expressly permitted or carried out pursuant to a duly issued permit. (1) Swimming. (2) Boating. (3) Ice skating. (4) Camping. (5) Littering. (6) Amplified sound. (7) Wood cutting. (8) Trapping. (9) Rock climbing and rappelling. (10) Hunting and shooting. (11) Motorized vehicle and bicycle riding. (12) Plant digging. (13) Flower picking. (14) Consumption of alcoholic beverages. (15) Fires of any kind. (16) Skiing. B. The Board of Public Works is authorized to grant specific, revocable exceptions to any of the above prohibitions, upon consultation with the Six Mile Creek Advisory Committee and a finding of special circumstances. When granting such an exception, the Board shall retain the right of the city to impose reasonable October 7, 1998 42 conditions intended to protect public safety, the water supply system or the natural environment or to control the city's potential liability. § 320-5. Ranger. The position of Six Mile Creek Gorge Ranger is hereby established to advise users of regulations governing Six Mile Creek and to demonstrate the city's intention of protecting such a unique and natural area. The Ranger shall be provided with adequate communication equipment to communicate readily with law enforcement agencies. The Ranger will work under the direction of the Superintendent of Public Works and will serve as liaison with the overseeing committee and Circle Greenway. § 320-6. Signage. The city hereby directs the Department of Public Works to provide adequate and attractive signage to alert the public to the rules and regulations covering trails and hazards in the gorge. § 320-7. Penalties for offenses. The violation of any of the provisions of this chapter shall be punishable as prescribed in Chapter 1, General Provisions, Article I, Penalties, of this Code. Section 13. Effective Date These provisions shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously NEW BUSINESS: 20.1 Establish Position of Director of GIAC By Alderperson Manos: Seconded by Alderperson Spielholz RESOLVED, That the position of Director of GIAC be established. Carried Unanimously 20.2 Waive Search Process for Director of GIAC By Alderperson Spielholz: Seconded by Alderperson Vaughan RESOLVED, That the search process be waived for the Director of GIAC. Carried Unanimously 20.3 Appointment of Director of GIAC By Alderperson Hershey: Seconded by Alderperson Manos RESOLVED, That Marcia Fort be appointed as Director of GIAC at a salary level of $52,500.00 effective January 1, 1999. Carried Unanimously Mayor Cohen stated that discussion regarding the establishment of a Deputy Director would happen in the future. ADJOURNMENT: On a motion the meeting adjourned at 11:15 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor