HomeMy WebLinkAboutMN-CC-1999-07-07
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M July 7, 1999
PRESENT:
Mayor Cohen
Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey
Manos, Farrell, Vaughan, Spielholz, Taylor
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Geldenhuys
City Controller – Cafferillo
Building Commissioner – Eckstrom
Planning and Development Director – Van Cort
Fire Chief – Wilbur
Deputy Fire Chief – Dorman
Assistant Superintendent of Public Works – Fabbroni
City Chamberlain – Parsons
Human Resources Director – Michell-Nunn
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
Add item 18.5a - Selection of Sub-Consultant for IAWWTP
Engineering Services
Add item 18.15 - Chamberlain’s Office - Request Salary
Adjustment for Acting City Chamberlain
Add items 18.7a and 18.7b. -
New Business
Add item 20.1 Fuel Consortium - Authorization to Sign
Planning and Development
Add Report on Bicycle Plan
No council member objected
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider an Ordinance Amending Section 325-4
the “Establishment of Zoning District MH-1” of Chapter 325
entitled “Zoning” of the City of Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Vaughan: Seconded by Alderperson Taylor
RESOLVED, That the public hearing to consider an ordinance
amending Section 325-4 the “Establishment of Zoning District MH-
1” of Chapter 325 entitled “Zoning” of the City of Ithaca
Municipal Code be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Manos
RESOLVED, That the public hearing to consider an ordinance
amending Section 325-4 the “Establishment of Zoning District MH-
1” of Chapter 325 entitled “Zoning” of the City of Ithaca
Municipal Code be declared closed.
Carried Unanimously
Public Hearing to Consider a Local Law Amending Chapter 325
Entitled “Zoning” of the City of Ithaca Municipal Code to
Provide for a Temporary Moratorium on the Establishment of New
Adult Uses or the Expansion of Existing Adult Uses
Resolution to Open Public Hearing
By Alderperson Manos: Seconded by Alderperson Taylor
RESOLVED, That the public hearing to consider a Local Law
Amending Chapter 325 Entitled “Zoning” of the City of Ithaca
Municipal Code to Provide for a Temporary Moratorium on the
Establishment of New Adult Uses or the Expansion of Existing
Adult Uses be declared open.
Carried Unanimously
Fay Gougakis asked questions regarding the time limit of the
Moratorium.
Resolution to Close Public Hearing
By Alderperson Taylor: Seconded by Alderperson Shenk
RESOLVED, That the public hearing to consider a Local Law
Amending Chapter 325 Entitled “Zoning” of the City of Ithaca
Municipal Code to Provide for a Temporary Moratorium on the
Establishment of New Adult Uses or the Expansion of Existing
Adult Uses be declared closed.
Carried Unanimously
Julie - I’m not sure what to do here as there isn’t a resolution
to go with these amendments. It’s a public hearing. I’ll leave
them for you to leave in or take out.
Alderperson Hershey stated that he would like to strike from
paragraph 2 of section 2 lines 8 and 9 the words “necessary
services and facilities, especially as such relates to,” so that
in keeping with the rest of the Moratorium, which speaks to
parking, and he is very concerned that they not get involved in
it.
By Alderperson Hershey: Seconded By Alderperson Manos
Alderperson Blumenthal stated that she is not clear about what
the problem of having that in there is because there are
services and facilities that relate to parking as well.
Alderperson Hershey stated that “especially as such relates to”
suggests that there could be other studies besides parking. They
are authorizing a 12-month Moratorium to study parking. Implicit
in that, traffic also gets studied with parking, because
vehicular volume is being studied. He is concerned that this
seems to open the door to studying other things which he thinks
are not necessary.
Alderperson Sams asked Alderperson Hershey if the same goal
would be achieved with the striking of the word “especially.”
Alderperson Blumenthal stated that if they talk about traffic
and parking later, it does not relate to neighborhood residence.
Alderperson Hershey stated his concern about non-residents
coming from out of the area and not being able to park in the
areas around the Commons. He stated he would be willing to add
that to his amendment and also strike “neighborhood residences.”
Mayor Cohen stated that technically that must be done as a
different amendment.
Alderperson Shenk asked if “the city to provide” is the right
phrase, or if they should use “ensure” instead of “provide.”
Alderperson Hershey stated that he would like to strike the
words “neighborhood residence” from the Moratorium.
By Alderperson Hershey: Seconded By Alderperson Manos
Carried Unanimously
Mayor Cohen stated that the amendment is to add “and traffic” to
5C.
By Alderperson Blumenthal: Seconded By Alderperson Vaughan
Alderperson Manos stated that if they add “traffic”, they have
to address the problems that they have already heard about from
neighbors. In another area of the city, which is on the flats,
notably the South Albany Street area, their concerns have been
dumped into the GEIS. They asked for them to be considered
separately, they asked for their concerns to be for the already
existing traffic problems caused by the building of the new
Wegmans, all the new building on Elmira Road and Meadow Street.
Instead, they are in the GEIS, they have had to wait. She stated
that they have not even discussed the Moratorium itself, but
have instead gone straight to the changes. A Moratorium to her
is overkill, but if they are going to add traffic issues she
cannot possibly vote for it. She has people in her ward who are
dying for relief from trucks who are shaking their houses as
they drive past, trucks that are on illegal streets in the first
place, people whose house values have gone way down in the past
couple of years, people who are screaming for relief. Here the
Council is, looking at a parking situation and asking for a
Moratorium and now wanting to add “traffic.” She does not feel
they are listening to their residents equally.
Alderperson Hershey stated that he did not mean to imply that
they turn it into a full-blown traffic study and he is going to
vote against the amendment.
Alderperson Blumenthal withdrew her amendment.
Alderperson Vaughan withdrew her second.
Alderperson Spielholz stated that in Section 10 of the Local
Law, Number 8 general City law, the site plans can be reviewed.
Mayor Cohen stated that to be consistent, they would need to
remove the word “review” and replace it with “approve.”
By Alderperson Spielholz : Seconded By Alderperson Shenk
Carried Unanimously
Alderperson Vaughan stated she would like to move that the
effective date is that an application has to have been filed no
later than July 5th, 1999.
By Alderperson Vaughan: Seconded By Alderperson Spielholz
Vote 6-5-Carried
Mayor Cohen Voted to Break the Tie
Vote on resolution as amended.
Carried Unanimously
Vote to remove the resolution from the table.
By Alderperson Spielholz: Seconded By Alderperson Blumenthal
Carried Unanimously
Alderperson Hershey offered an amendment that reserves for
Common Council the ability to approve the scope of the study and
the actual contract of the study.
Alderperson Blumenthal stated that she is going to meet about
the parking study tomorrow to look at the information they
already have and review who could do that. There are
complexities in terms of verification of what they are trying to
find out, and she is not sure a whole analysis could be done
internally.
Mayor Cohen stated that he would like to save money and do the
study in-house, but he would be concerned about their ability to
conduct the study in a timely way given all the other things on
the work program of the planning department right now.
Vote for Public Hearing.
9-0-1
Alderperson Sams abstained
Amending Resolution:
By Alderperson Hershey: Seconded By Alderperson Manos
RESOLVED, That the city should adopt the Collegetown Zoning
Moratorium, and be it further
RESOLVED, That the scope of, and contract for, the parking study
be authorized and approved by Common Council.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Youth Bureau Board
By Alderperson Shenk: Seconded by Alderperson Blumenthal
RESOLVED, That Amity Weiss be appointed to the Youth Bureau
Board with a term to expire December 31, 2001.
Carried Unanimously
Planning Board
By Alderperson Manos: Seconded by Alderperson Hershey
RESOLVED, That Jeff Anbinder be appointed to the Planning Board
with a term to expire December 31, 2001.
Carried Unanimously
Ithaca Housing Authority Board
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That John Perko be appointed to the Ithaca Housing
Authority with a term to expire October 17, 2001.
Carried Unanimously
By Alderperson Shenk: Seconded by Alderperson Blumenthal
RESOLVED, That Carol Terrizzi be appointed to the Ithaca Housing
Authority with a term to expire ____________________.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people spoke in opposition to the Collegetown
Moratorium:
Christopher Anagnost, City of Ithaca
Mack Travis, City of Ithaca
The following people spoke in support of the Collegetown
Moratorium:
Frances Weisman, City of Ithaca
Mary Tomlan, City of Ithaca
Michael Dole, Bryant Park area
Fay Gougakis, City of Ithaca
Hwasuk Choong, City of Ithaca, spoke about 24 hr. parking at his
residence of 226 South Geneva Street
Joel Harlan, City of Ithaca, spoke about Collegetown, Cornell,
noise, and Lake Source Cooling.
Dan Hoffman, City of Ithaca, is opposed to the Green Street site
for the proposed Transit Center.
David Nutter, City of Ithaca, stated that Collegetown needs a
grocery store to alleviate the number of cars. Also, he stated
that the Board of Public Works is re-designing the Bicycle Plan
with faulty information.
RESPONSE TO THE PUBLIC:
Alderperson Shenk responded to comments regarding the people at
GIAC. She supports a limited scope of the Collegetown
moratorium. She agrees that the City needs to act now on the new
Transit Site. She further agreed that the City may have to lose
some parking with the proposed Bicycle Plan.
Alderperson Farrell stated that three members of Council are on
the Transit Committee and that she agrees that the design plan
needs to be reviewed and public input will be requested.
Alderperson Blumenthal stated that the Collegetown Moratorium
would cause cumulative traffic and parking problems.
Alderperson Marcham agreed that Mayor Cohen, the Planning
Commission and Board need to take the lead on the Transit Site.
Most council members know about the Mayor’s Special Committee.
Alderperson Spielholz stated that grant funds need to be
obtained before the City can even discuss locations.
Alderperson Sams stated that she hopes the plan will be flexible
even if the City gets the Grant.
Mayor Cohen stated that his Special Committee consists of
Alderpersons Manos, Farrell, Blumenthal and Speilholz; as well
as the IDP Director and a downtown merchant.
Report of the City Attorney
City Attorney Geldenhuys reported on the following:
The Drug Eviction Ordinance is being appealed to the Appellate
Division.
The City of Ithaca is appealing Green vs. Board of Zoning
Appeals to find out if the City passed legislation and applied
it retroactively.
They closed on another substitute parcel, and two parcels are
still not acquired.
REGULAR AGENDA ITEMS:
HUMAN RESOURCES COMMITTEE:
By Alderperson Manos: Seconded by Alderperson Hershey
A Local Law Amending Chapter 90 of the City of Ithaca Municipal
Code by Adding a New Article XI Regarding Merit Awards for City
Employees
Local Law No. __________ of 1999
City of Ithaca
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF ITHACA,
NEW YORK AS FOLLOWS:
ARTICLE XI
MERIT AWARD BOARD
90-69. Findings.
The Common Council of the City of Ithaca finds that the
productivity, creativity and efficiency of city employees will be
advanced by the creation of a mechanism for merit awards for city
employees. It is further found that private employers often award
exceptional service with a commendation or other appropriate
incentive and the city desires to provide such individual
incentive and recognition for exceptional service as provided and
allowed by law.
90-70.Creation; membership; terms.
There is hereby created a Merit Award Board within the City of
Ithaca. The Board shall consist of the Mayor, a bipartisan
committee of alderpersons and city employees as follows:
1. Annual Merit Award Board. The Mayor, Corporation Counsel, the
Director of Human Resources and five (5) alderpersons to be
appointed by Common Council.
2. Quarterly Merit Award Board. In the spirit of employees
recognizing their peers, the quarterly merit award board shall
consist of one employee from each of the following facilities:
Police Department, Fire Department, Department of Public Works,
Youth Bureau, Greater Ithaca Activities Center, City Hall the
Director of Human Resources.
The Director of Human Resources shall appoint the Quarterly Merit
Award Board basing such appointment on the expressed interest of
the employee for membership on the Board, recommendations from the
employee’s peers and such other criteria as the Director of Human
Resources shall deem appropriate.
The term of office for a Quarterly Merit Award Board member shall
be for one year commencing July 1st of the year of appointment. If
for any reason a Quarterly Merit Award Board member is unwilling
or unable to complete his or her full term, the Director of Human
Resources shall appoint a replacement employee from the same
facility as the Quarterly Merit Award Board member relinquishing
membership to complete the term of appointment of said member.
90-71. Duties of Merit Award Board Members.
1. Annual Merit Award Board. The duties of the Annual Merit Award
Board members shall be to annually evaluate and select from the
nominees one City employee, cross functional team or committee for
recognition using the criteria listed in Section 90-72(1) of this
Article.
2. Quarterly Merit Award Board. The duties of the Quarterly Merit
Award Board members shall be, on a quarterly basis, to evaluate
and select from the nominees one City employee, cross functional
team or committee for recognition using the criteria listed in
Section 90-72(2) of this Article.
90-72. Criteria for nominations.
1. Annual recognition.
A. Purpose. To publicly recognize individuals who have
exhibited behaviors and performance levels above and beyond the
call of duty.
B. Criteria. The accomplishment or project nominated must
have been completed within the twelve month period just prior to
nomination. Nominations should consider whether the accomplishment
or project has increased productivity, increased performance,
improved productivity or positively influenced the work or
community environment.
C. Eligibility. Any City employee, cross functional team or
committee. No elected official shall be eligible for nomination or
selection.
D. Nominators. Any employee, Alderperson or the Mayor may
nominate an employee, cross functional team or committee for
annual recognition by completing and submitting an Annual
Recognition Award nomination form to the Department of Human
Resources. Nominations must be submitted no later than the First
day of August of the year of nomination and shall consider a
twelve month period ending on July 31st. Awards shall become a part
of the official personnel file of the City employee.
2. Quarterly recognition.
A. Purpose. To publicly recognize individuals for
significant contributions.
B. Criteria. The individual has demonstrated initiative and
extra effort in accomplishing a task in a quality manner.
Nominations should consider if the employee exhibits efficiency,
sensitivity, respects differences, and appreciates others within
the workforce and the community.
C. Eligibility. Any City employee, cross functional team or
committee. No elected official shall be eligible for nomination or
selection.
D. Nominators. Any employee, Alderperson or the Mayor may
nominate an employee, cross functional team or committee for
quarterly recognition by completing and submitting a Quarterly
Recognition nomination form to the Department of Human Resources.
Awards shall become a part of the official personnel file of the
City employee.
90-73. Instant Recognition Awards.
1. Purpose. In the spirit of employees recognizing their peers
efforts in positively influencing the work environment, there
shall be created an “instant recognition” award
mechanism whereby any employee who has received five (5)
Appreciation Cards for exceptional service in any given month
shall be recognized with an award.
2. Criteria. The employee has enhanced the work place by
performing a kind act, accomplishing a task or project in a manner
that exhibits efficiency, sensitivity, respects differences,
and/or appreciates others.
3. Eligibility. Any City employee, as “city employee” is defined
in the Charter of the City of Ithaca, Section C-110(A).
4. Procedure. Any City employee may recognize another employee by
completing an Appreciation Card and submitting such card to the
employee. The employee so recognized may submit five (5) such
Appreciation Cards to the Department of Human Resources for an
Instant Recognition Award.
90-74. Nature of Awards.
The Annual and Quarterly Award Boards, in consultation
with the Director of Human Resources, may determine the nature
and extent of the merit awards to be made under this chapter.
The Director of Human Resources shall determine the nature and
extent of Instant Recognition awards.
90-75. This law shall take effect immediately upon filing
with the office of the Secretary of State.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
18.1 Common Council – Support of Property Tax Relief for Local
Governments and Schools Hosting Large Tax-exempt Institutions
By Alderperson Marcham: Seconded By Alderperson Shenk
WHEREAS, most municipalities in New York State, including school
districts, have been forced to raise the property tax rate each
year, in order to maintain a basic level of services, and
WHEREAS, the rate of increase in property taxes has greatly
exceeded the general rate of inflation over the past fifteen
years, and
WHEREAS, this increased tax burden is especially felt by
localities hosting large tax-exempt institutions such as
universities, hospitals and prisons, and
WHEREAS, studies have shown that the property tax does not
effectively tax wealth, and frequently imposes a harsh burden on
residents with little ability to pay, and
WHEREAS, the State of New York has revenue sources available,
including the personal income tax, that are much more effective at
taxing wealth; now, therefore, be it
RESOLVED, On recommendation of the Budget and Administration
Committee, the City of Ithaca Common Council hereby requests that
the State of New York should increase State aid to localities, as
a means of ensuring that the property tax rate is kept at a
reasonable level, and be it further
RESOLVED, That the State of New York should implement a program to
replace lost taxes from major exempt properties such as Payment in
Lieu of Taxes (PILOT) Program presently in operation in the State
of Connecticut.
Carried Unanimously
18.2 Common Council – Approval of Emergency Funding for Firehouse
Theatre
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, the Firehouse Theater has requested an emergency
allocation of $10,000 from the City of Ithaca, and
WHEREAS, the allocation was sought to assist the theater with
their current financial hardship resulting from last-minute
cancellations of two plays during the past year; now, therefore,
be it
RESOLVED, That Common Council hereby transfers an amount not to
exceed $3,000 from account A1990 Unrestricted Contingency to
account A1012-5435 Service Agency Contract for purposes of an
emergency allocation to the Firehouse Theater, and be it further
RESOLVED, That this emergency allocation represents a one-time
funding allocation and shall not constitute a means for other
service agencies to request funds and be it further
RESOLVED, That Common Council requests that the Firehouse Theatre
Executive Board consult as soon as possible with Richard Driscoll
of the Community Arts Partnership, who may have useful advice and
expertise to offer.
Discussion followed on the floor regarding the addition of $2,000
of funding if the theatre can raise additional funds and whether
the theatre should search other funding sources.
Amending Resolution:
By Alderperson Hershey: Seconded by Alderperson Sams
RESOLVED, That the first resolved clause be amended to read as
follows:
“RESOLVED, That Common Council hereby transfers an amount not to
exceed $3,000, with an additional $2,000 forthcoming if the
theater raises $5,000 by December 31, 1999, from account A1990
Unrestricted Contingency to account A1012-5435 Service Agency
Contract for purposes of an emergency allocation to the Firehouse
Theater, and be it further”
Ayes: (6) Manos, Shenk, Sams, Hershey, Farrell, Spielholz
Nays: (4) Marcham, Vaughan, Taylor, Blumenthal
Carried
Main Motion as Amended
A Vote on the Main Motion as Amended Resulted as Follows:
Ayes: (8) Manos, Shenk, Sams, Hershey, Farrell, Spielholz,
Taylor, Blumenthal
Nays: (2) Marcham, Vaughan
Carried
18.3 Fire Department – Request Capital Project Amendment for
Acquisition of Fire Apparatus and Related Equipment
By Alderperson Marcham: Seconded By Alderperson Manos
WHEREAS, the need for the engines to be purchased with capital
project #356 was established as a function of the City/Town
apparatus replacement program, and
WHEREAS, capital project #356 is under-funded by $200,000 as
compared with the bids returned to purchase two new engines, and
WHEREAS, the project has already been bid twice and there is no
reasonable alternative, and
WHEREAS, the Fire Department has requested that a project to
replace the self-contained breathing apparatus be approved for
purchase at this time to take advantage of cost savings available
as a result of including the funding in the reauthorization for
capital project #356, and
WHEREAS, this advantage is as the result of the difference in
permissible bonding periods depending on the useful life for which
a project may be bonded according to its cost; now, therefore, be
it
RESOLVED, That capital project #356 is hereby increased by an
amount not to exceed $200,000 for the engines and an amount not to
exceed $140,000 for the self-contained breathing apparatus, for a
total amendment not to exceed $340,000; thus making the total
project authorization $940,000, and be it further
RESOLVED, That the funds necessary for said amendment will be
derived from the issuance of Serial Bonds.
Carried Unanimously
18.4 GIAC – Request to Transfer Funds for Purchase of Pool Control
Panel – Resolution
By Alderperson Marcham: Seconded By Alderperson Shenk
WHEREAS, the Alex Haley Pool’s automated control panel for the
pool filter and pumps has failed and is in need of replacement,
and
WHEREAS, the panel regulates the daily chemical supply for the
pool making the pool unsafe for swimming without use of said
control panel, and
WHEREAS, the estimated cost to replace the panel is $5,700; now,
therefore, be it
RESOLVED, That Common Council hereby approves and amends the
authorized equipment list for the purchase of a control panel to
replace the failed panel at the Alex Haley Pool in an amount not
to exceed $5,700, and be it further
RESOLVED, That Common Council hereby approves the following budget
amendments to acquire said panel:
Transfer from:
A7310-5410-1514 Utilities $1,700
A7310-5410-1526 Utilities 2,500
A7310-5495-1526 Treatment Supplies 1,500
Transfer to:
A7310-5225-1526 Other Equipment $5,700
Carried Unanimously
18.5 DPW – Request Approval of Amendment for Engineering Services
at the IAWWTP
By Alderperson Marcham: Seconded by Alderperson Hershey
WHEREAS, the Ithaca Area WWTP-SJS, Owners, and Stearns & Wheler,
LLC, Engineer, entered into an agreement dated January 6, 1999 for
professional engineering services in connection with the
performance of an engineering study to determine the cost of
various improvements to the Ithaca Area Wastewater Treatment Plant
in the amount of $53,800, and
WHEREAS, said agreement was amended February 17, 1999 (Amendment
1), in the amount of $160,000, to include additional tasks which
included the development of a budgetary project cost estimate for
upgrading the Ithaca Area Wastewater Treatment Plant to provide
tertiary effluent filtration for further reduction of phosphorus
discharges by retrofitting one of two existing 60-foot diameter
phosphorus stripper tanks with continuous backwash, up-flow sand
filter modules; and to achieve compliance with federal and state
regulations pertaining to the on-site storage and use of gaseous
chlorine for effluent disinfection and other in-plant uses. and
WHEREAS, some of the Parties submitted a joint application dated
June 3, 1998, for funding available for wastewater improvements
under the 1996 Clean Water/Clean Air Bond Act, and they received a
grant award for some of the improvement projects in their
application, and
WHEREAS, all of the Parties will benefit from the improvement
projects that were awarded grant funding, and
WHEREAS, to assist in meeting conditions for acceptance of the
awarded grant funding, the Parties desire to hire engineers to 1)
prepare a unified engineering report describing the wastewater
improvements, and 2) perform tasks related to the State
Environmental Quality Review Act (SEQRA) process associated with
the wastewater improvements; now, therefore, be it
RESOLVED, That Common Council hereby amends the agreement with the
Scope of Engineering Services, Proposed Amendment No. 2, by an
amount not to exceed $120,000 for a revised total agreement, not
to exceed $333,800, and, be it further
RESOLVED, That the increased funds be derived from a cost-sharing
agreement between the City of Ithaca, Town of Ithaca, Town of
Dryden, Village of Cayuga Heights, Town of Lansing and Village of
Lansing, each unit agreeing to pay one-sixth of the cost, or
$20,000, for a total of $120,000.
Carried Unanimously
18.5A DPW – Request Approval of Amendment for Engineering Services
at the IAWWTP
By Alderperson Marcham: Seconded by Alderperson Blumenthal
WHEREAS, the Ithaca Area WWTP-SJS Owners and Stearns & Wheler,
LLC, have entered into an Amendment (No.2) dated July 7, 1999 for
professional engineering services, which includes Additional
Services for SEQR Environmental Review, and
WHEREAS, Stearns & Wheler and the owner of the Ithaca Area WWTP-
SJS (City of Ithaca, Town of Ithaca, and the Town of Dryden) will
finalize selection of a sub-consultant for the possible
preparation of an Environmental Impact Statement (EIS) regarding
expansion of the Ithaca Area WWTP-SJS; now, therefore, be it
RESOLVED, That the selection of the sub-consultant to prepare the
EIS shall be approved by the Common Council prior to signing of
the contract to hire the sub-consultant by the Mayor of the City
of Ithaca.
Carried Unanimously
18.6 DPW – Request to Approve Intermunicipal Cost-Sharing
Agreement for Engineering Services
By Alderperson Marcham: Seconded by Alderperson Shenk
RESOLVED, That the Mayor be hereby authorized to sign the Cost-
Sharing Agreement on behalf of the City, and, be it further
RESOLVED, That the City’s share of $20,000 be derived from
existing Capital Project funds.
Carried Unanimously
18.7 Planning Department – Contract for Additional Professional
Services for the Generic Environmental Impact Statement for the
Southwest Area Land Use Plan
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, on May 6, 1998, the Common Council, as Lead Agency,
determined that the Southwest Area Land Use Plan may have a
significant environmental impact and directed preparation of a
Generic Environmental Impact Statement (GEIS), and
WHEREAS, on December 16, 1998, the City of Ithaca entered into a
Contract for Professional Services with Clark Patterson
Associates, of Rochester, New York, to prepare the GEIS, and
WHEREAS, it is recommended that a separate consultant be
contracted for the sole purpose of preparing an adequate character
of community report for the GEIS; now, therefore, be it
RESOLVED, That the Mayor for the City of Ithaca is hereby
authorized and directed to enter into a Contract with a consultant
for the services as described above for an amount not to exceed
thirty thousand eight hundred dollars ($30,800), including all
reimbursable expenses, and be it further
RESOLVED, That the funds necessary for said professional service
shall be derived within existing funds in Capital Project #367
Southwest Area Land Use Plan.
Carried Unanimously
18.7A Transportation Enhancement Program Funding Request West
State Street Improvements
By Alderperson Marcham: Seconded by Alderperson Farrell
WHEREAS, the Ithaca-Tompkins County Transportation Council, has
issued a call letter providing information about the
Transportation Enhancements Program (TEP) of the Transportation
Equity Act for the 21st Century (TEA-21), and
WHEREAS, there are numerous projects in the City of Ithaca which
would benefit from TEP funding, and
WHEREAS, the TEP is a reimbursement program for which the city
must provide a 20% match, either in cash, public or private
donations, in-kind contributions of labor or materials, or other
federal or state funds, and
WHEREAS, the TEP would provide an opportunity to extend the one
block of West State Street Improvements, already scheduled for
summer 1999, the entire length of West State Street from North
Cayuga to North Meadow Streets, and
WHEREAS, the improvements constitute enhancements such as new and
uniform sidewalks, a paved tree lawn, pedestrian scaled street
lighting, new curbs, crosswalks, additional street trees and tree
fences, and
WHEREAS, objectives of the projects are as follows: to encourage
all forms of traffic along this corridor as a strategy to
invigorate redevelopment of the city’s downtown; to enhance the
visual and functional link between anticipated mixed use
redevelopment of the West End and The Commons and to improve the
quality of downtown neighborhoods by creating a safe, friendly
multi-modal corridor along West State Street, and
WHEREAS, the Planning and Economic Development Committee of Common
Council has recommended that the Common Council authorize
submission of the grant application contingent on final review and
approval of the budget by the Common Council, and
RESOLVED, That Common Council hereby establishes Capital Project
#380 West State Street Improvements in an amount not to exceed
$865,241.00, of which $692,193.00 will be funded by said NYS Grant
and $173,800.00 will be funded by the City, and be it further
RESOLVED, That said project will be financed by the issuance of
Serial Bonds with the understanding that the City’s total project
cost shall be 20% of the project, and be it further
RESOLVED, That both the establishment of the capital project and
the project financing are contingent on the approval of said NYS
Grant.
Carried Unanimously
18.7B Transportation Enhancement Program Funding Request Tompkins
County Library Site Improvements
By Alderperson Marcham: Seconded by Alderperson Spielholz
WHEREAS, the Ithaca-Tompkins County Transportation Council, has
issued a call letter providing information about the
Transportation Enhancements Program (TEP) of the Transportation
Equity Act for the 21st Century (TEA-21) and
WHEREAS, there are numerous projects in the City of Ithaca which
would benefit from TEP funding, and
WHEREAS, the TEP is a reimbursement program for which the city
must provide a 20% match, either in cash, public or private
donations, in-kind contributions of labor or materials, or other
federal or state funds, and
WHEREAS, the TEP provides an opportunity to include amenities for
pedestrians and bicyclists and streetscape amenities for the new
Tompkins County Library and to strengthen links from South Hill,
Six Mile Creek, the Library and the Ithaca Commons, and
WHEREAS, the Planning and Economic Development Committee of Common
Council has recommended that the Common Council authorize
submission of the Grant applications, now therefore be it
RESOLVED, That Common Council hereby establishes Capital Project
#381 Pedestrian Connections/South Hill, New County Library, The
Ithaca Commons, in an amount not to exceed $876,920.00 of which
$701,542.00 will be funded by said NYS Grant and $175,386.00 will
be funded by the City, and be it further
RESOLVED, That said project will be financed by the issuance of
Serial Bonds with the understanding that the City’s total project
cost shall be 20% of the project, and be it further
RESOLVED, That both the establishment of the capital project and
the project financing are contingent on the approval of said NYS
Grant.
Carried Unanimously
RECESS:
Common Council recessed at 10:10 p.m.
RECONVENE:
Common Council reconvened into regular session at 10:25 p.m.
18.8 DPW – Request to Amend Personnel Roster Related to TCAT
By Alderperson Marcham: Seconded by Alderperson Manos
WHEREAS, the 1999 approved personnel roster for TCAT has been
modified to delete one Bus Driver Position and add a Transit
Service Supervisor Position; now, therefore, be it
RESOLVED, That Common Council hereby approves of the provisional
appointment of Joann Bailey to the position of Transit Service
Supervisor at Salary Grade 2 in the City Executive Association at
a 1999 annual salary of $30,881, effective July 8, 1999, and be it
further
RESOLVED, That said appointment shall be contingent upon the
passing of the required Civil Service Examination.
Carried Unanimously
18.9 DPW – Request to Appoint TCAT Manager of Operations and
Maintenance
By Alderperson Marcham : Seconded by Alderperson Farrell
WHEREAS, the personnel roster for TCAT has been modified to delete
one Transit Systems Manager Position and add a Manager of
Operations and Maintenance position, and
WHEREAS, staff has reviewed the position within the City’s and
Cornell’s organizations to rank the position and to recommend a
salary for the candidate, and the appointment has been approved by
the Board of Public Works and reviewed by Common Council’s Budget
and Administration and Human Resources Committees; now, therefore,
be it
RESOLVED, That Common Council appoints Nancy Oltz to fill the
position of Manager of Operations and Maintenance and recommends
that the position be assigned to the Managerial Compensation Plan
in the salary range of $42,334 to $62,664 and that the salary for
Nancy Oltz be set at $54,000 annually, and be it further
RESOLVED, That Common Council recommends that this salary be paid
retroactively to January 1, 1999, in recognition of major changes
made to this position in the fall of 1998 which have just recently
been formally reviewed and adopted.
Carried Unanimously
18.10 Finance/Controller – Request to Establish Capital Project for
Copier Acquisitions
By Alderperson Marcham: Seconded by Alderperson Spielholz
WHEREAS, the City purchased several copier machines in 1992 and
many of those machines are beyond their useful life and beginning
to fail, and
WHEREAS, the copiers are expected to be replaced in the
Chamberlain’s Office, Fire Department, Youth Bureau,
Superintendent’s Office, and the Streets and Facilities Division
at a total estimated replacement cost of $47,000; now, therefore,
be it
RESOLVED, That Common Council hereby establishes Capital Project
#383 Office Copier Acquisitions in an amount not to exceed $47,000
for the purchase of said copiers, and be it further
RESOLVED, That said funds will be derived from the issuance of
Serial Bonds.
Carried Unanimously
18.11 Finance/Controller – Request to Amend Y2K Capital Project for
Server Upgrades and Replacements
By Alderperson Marcham: Seconded by Alderperson Vaughan
WHEREAS, the City’s nine servers are in need of upgrades and/or
replacement to become Y2K compliant, and
WHEREAS, the following network servers will be replaced: GIAC,
Gorges, IPD, GIS; and the following network servers will be
upgraded: City Hall main server, Water and Sewer server, Streets
and Facilities server, Youth Bureau server, and the MUNIS server,
and
WHEREAS, the replacement and upgrade of these servers will cost an
estimated $55,000 including contingency and installation; now,
therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #370
Computer Upgrade Y2K Compliance by an amount not to exceed $55,000
for a total project authorization of $309,623 to replace four
network servers and upgrade five network servers, and be it
further
RESOLVED, That the funds necessary for said project shall be
derived from the issuance of Serial Bonds, and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to sign
any necessary installation agreements for said upgrades.
Carried Unanimously
18.12 aFinance/Controller – Bond Resolution
By Alderperson Marcham: Seconded by Alderperson Vaughan
BOND RESOLUTION DATED JULY 7, 1999.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $15,000
SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK,
TO PAY ADDITIONAL COSTS OF THE PURCHASE OF NEW COMPUTER
EQUIPMENT IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act,
have been performed; and
WHEREAS, by bond resolution dated July 7, 1993, the Common
Council of the City of Ithaca, Tompkins County, New York,
authorized the issuance of $5,000 serial bonds of said City to
pay the cost of the purchase of new computer equipment; and
WHEREAS, it has now been determined that in order to complete
such project an additional $15,000 over that previously
authorized will be required; and
WHEREAS, it is now desired to authorize the issuance of an
additional $15,000 serial bonds to pay such additional costs of
a second phase of such project; now therefore be it
RESOLVED, By the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the class of objects or purposes of paying
additional costs of the purchase of new computer equipment, in
and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued an additional $15,000 serial
bonds of said City pursuant to the provisions of the Local
Finance Law.
Section 2. It is hereby determined that the maximum estimated
cost of the aforesaid class of objects or purposes is $20,000,
and that the plan for the financing thereof is as follows:
a) By the issuance of the $5,000 serial bonds of said
City authorized to be issued therefore pursuant to
bond resolution dated July 7, 1993; and
b) By the issuance of the additional $15,000 serial bonds
of said City authorized to be issued pursuant to this
bond resolution.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is five
years, pursuant to subdivision 32 of paragraph a of Section
11.00 of the Local Finance Law, computed from the date of the
first bond anticipation note issued for said class of objects or
purposes pursuant to this bond resolution, said class of objects
or purposes constituting a second phase of the class of objects
or purposes which financing was authorized by bond resolution
dated July 7, 1993.
Section 4. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca, Tompkins
County, New York, are hereby irrevocably pledged for the payment
of the principal and interest on such obligations as the same
respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of
and interest on such obligations becoming due and payable in
such year. There shall annually be levied on all the taxable
real property in said City a tax sufficient to pay the principal
of and interest on such obligations as the same become due and
payable.
Section 6. The bonds authorized pursuant to this bond resolution
shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the
manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted or impressed
and may be attested by the manual or facsimile signature of the
City Clerk.
Section 7. The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City, provided,
however, that in the exercise of these delegated powers, he
shall comply fully with the provisions of the Local Finance Law
and any order or rule of the State Comptroller applicable to the
sale of municipal bonds. The receipt of the City Controller
shall be a full acquittance to the purchaser of such bonds, who
shall not be obliged to see the application of the purchase
money.
Section 8. All other matters, except as provided herein relating
to such bonds, including determining whether to issue such bonds
having substantially level or declining annual debt service,
including prescribing whether manual or facsimile signatures
shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with
other issues, shall be determined by the City Controller. It is
hereby determined that it is to the financial advantage of the
City not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring
bonds transferred or exchanged by the fiscal agent, and,
accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the
fiscal agent. Such bonds shall contain substantially the recital
of validity clause provided for in section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the
Local Finance Law, as the City Controller shall determine.
Section 9. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object of
purpose for which said City is not authorized to
expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-1. Other than as specified in this resolution, no monies
are, or are reasonable expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 11. This resolution, which takes effect immediately,
shall be published in full in the ________________, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
Vote on the Resolution Resulted in the Following:
Shenk, Aye
Alderperson Manos, Aye
Alderperson Sams, Aye
Alderperson Farrell, Aye
Alderperson Blumenthal, Aye
Alderperson Vaughan, Aye
Alderperson Marcham, Aye
Alderperson Spielholz, Aye
Alderperson Taylor, Aye
Alderperson Hershey, Aye
Carried Unanimously
18.12bFinance/Controller – Bond Resolution
By Alderperson Marcham: Seconded by Alderperson Vaughan
BOND RESOLUTION DATED JULY 7, 1999.
A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $340,000
SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK,
TO PAY ADDITIONAL COSTS OF THE PURCHASE OF REPLACEMENT PUMPER
ENGINES FOR THE FIRE DEPARTMENT OF AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the
capital project hereinafter described, including compliance with
the provisions of the State Environmental Quality Review Act,
have been performed; and
WHEREAS, by bond resolution dated January 7, 1998, the Common
Council of the City of Ithaca, Tompkins County, New York,
authorized, amongst other objects or purposes, the issuance of
$600,000 serial bonds of said City to pay the cost of the
purchase of replacement pumper engines for the Fire Department
of and for said City; and
WHEREAS, it has now been determined that in order to complete
such project an additional $340,000 over that previously
authorized will be required; and
WHEREAS, it is now desired to authorize the issuance of an
additional $340,000 serial bonds to pay such additional cost;
now therefore be it
RESOLVED, By the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the class of objects or purposes of paying
additional costs of the purchase of replacement pumper engines
for the Fire Department of and for the City of Ithaca, Tompkins
County, New York, including original machinery and apparatus to
be used in connection therewith, there are hereby authorized to
be issued an additional $340,000 serial bonds of said City
pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated
cost of the aforesaid class of objects or purposes is $940,000,
and that the plan for the financing thereof is as follows:
a) By the issuance of the $600,000 serial bonds of said
City authorized to be issued therefore pursuant to
bond resolution dated January 7, 1998; and
b) By the issuance of the additional $340,000 serial
bonds of said City authorized to be issued pursuant to
this bond resolution.
Section 3. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is
twenty years, pursuant to subdivision 27 of paragraph a of
Section 11.00 of the Local Finance Law, computed from January
22, 1998, the date of the first bond anticipation note issued
for said class of objects or purposes.
Section 4. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 5. The faith and credit of said City of Ithaca, Tompkins
County, New York, are hereby irrevocably pledged for the payment
of the principal and interest on such obligations as the same
respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of
and interest on such obligations becoming due and payable in
such year. There shall annually be levied on all the taxable
real property in said City a tax sufficient to pay the principal
of and interest on such obligations as the same become due and
payable.
Section 6. The bonds authorized pursuant to this bond resolution
shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the
manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted or impressed
and may be attested by the manual or facsimile signature of the
City Clerk.
Section 7. The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City, provided,
however, that in the exercise of these delegated powers, he
shall comply fully with the provisions of the Local Finance Law
and any order or rule of the State Comptroller applicable to the
sale of municipal bonds. The receipt of the City Controller
shall be a full acquittance to the purchaser of such bonds, who
shall not be obliged to see the application of the purchase
money.
Section 8. All other matters, except as provided herein relating
to such bonds, including determining whether to issue such bonds
having substantially level or declining annual debt service,
including prescribing whether manual or facsimile signatures
shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with
other issues, shall be determined by the City Controller. It is
hereby determined that it is to the financial advantage of the
City not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring
bonds transferred or exchanged by the fiscal agent, and,
accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the
fiscal agent. Such bonds shall contain substantially the recital
of validity clause provided for in section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the
Local Finance Law, as the City Controller shall determine.
Section 9. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object of
purpose for which said City is not authorized to
expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 10. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-1. Other than as specified in this resolution, no monies
are, or are reasonable expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 11. This resolution, which takes effect immediately,
shall be published in full in the ________________, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
Vote on the Resolution Resulted in the Following:
Alderperson Shenk, Aye
Alderperson Manos, Aye
Alderperson Sams, Aye
Alderperson Farrell, Aye
Alderperson Blumenthal, Aye
Alderperson Vaughan, Aye
Alderperson Marcham, Aye
Alderperson Spielholz, Aye
Alderperson Taylor, Aye
Alderperson Hershey, Aye
Carried Unanimously
18.12cFinance/Controller – Bond Resolution
By Alderperson Marcham: Seconded by Alderperson Vaughan
BOND RESOLUTION DATED JULY 7, 1999.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,130,423 SERIAL BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE
COSTS OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the
capital projects hereinafter described, including compliance
with the provisions of the State Environmental Quality Review
Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such
capital projects; now therefore be it
RESOLVED, By the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific objects or purposes or classes of
objects or purposes of paying the costs of the following capital
improvements in and for the City of Ithaca, Tompkins County, New
York, there are hereby authorized to be issued $2,130,423 serial
bonds of said City pursuant to the provisions of the Local
Finance Law, apportioned among such improvements in accordance
with the maximum estimated cost of each. Such improvements are
as follows:
a) The purchase of copier machines for various City
Departments in and for said City, including original
furnishings, equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in
connection therewith, at a maximum estimated cost of
$56,100. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or
purposes is five years, pursuant to subdivision 32 of
paragraph a of Section 11.00 of the Local Finance Law;
b) To reconstruct portions of City Hall, in and for said City,
including original furnishings, equipment, machinery,
apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, at a maximum estimated
cost of $500,000. It is hereby determined that the period
of probable usefulness of the aforesaid class of objects or
purposes is twenty years, pursuant to subdivision 12(a)(1)
of paragraph a of Section 11.00 of the Local Finance Law;
c) To pay the cost of the upgrading of City computer systems
to Y2K compliance, throughout and in and for said City,
including original furnishings, equipment, machinery,
apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, at a maximum estimated
cost of $79,623. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or
purposes is five years, pursuant to subdivision 32 of
paragraph a of Section 11.00 of the Local Finance Law;
d) The purchase of electronic truck scales for law enforcement
purposes, in and for said City, including incidental
improvements and expenses in connection therewith, at a
maximum estimated cost of $16,400. It is hereby determined
that the period of probable usefulness of the aforesaid
class of objects or purposes is five years, pursuant to
subdivision 32 of paragraph a of Section 11.00 of the Local
Finance Law;
e) The purchase of police vehicles, of and for said City,
including incidental expenses in connection therewith, at a
maximum estimated cost of $46,100, to replace similar
vehicles in service at least one year or more. It is hereby
determined that the period of probable usefulness of the
aforesaid class of objects or purposes is three years,
pursuant to subdivision 77(1st) of paragraph a of Section
11.00 of the Local Finance Law;
f) To replace and upgrade various parking meters, throughout
and in and for said City, including original equipment,
machinery, and apparatus, and incidental improvements and
expenses in connection therewith, at a maximum estimated
cost of $52,200. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or
purposes is five years, pursuant to subdivision 50 of
paragraph a of Section 11.00 of the Local Finance Law;
g) The reconstruction of North Cayuga Street Bridge in and for
said City, including incidental improvements and expenses
in connection therewith, at a maximum estimated cost of
$745,000. The amount of serial bonds ultimately to be
issued for said specific object or purpose shall be reduced
by any State and/or federal grants-in-aid to be received by
said City. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or
purpose is twenty years, pursuant to subdivision 10 of
paragraph a of Section 11.00 of the Local Finance Law; and
h) The construction and reconstruction of various sewer
related facilities throughout and in and for said City,
including original furnishings, equipment, machinery,
apparatus, appurtenances, and incidental improvements and
expenses in connection therewith, at a maximum estimated
cost of $635,000. It is hereby determined that the period
of probable usefulness of the aforesaid class of objects or
purposes is forty years, pursuant to subdivision 4 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 2. The aggregate maximum estimated cost of the aforesaid
specific objects or purposes and classes of objects or purposes
is $2,130,423, and the plan for the financing thereof is by the
issuance of the serial bonds authorized by Section 1 hereof,
allocated to each specific object or purpose or class of objects
or purposes in accordance with the maximum estimated cost of
each set forth in Section 1 hereof.
Section 3. Subject to the provisions of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins
County, New York, are hereby irrevocably pledged for the payment
of the principal and interest on such obligations as the same
respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of
and interest on such obligations becoming due and payable in
such year. There shall annually be levied on all the taxable
real property in said City a tax sufficient to pay the principal
of and interest on such obligations as the same become due and
payable.
Section 5. The bonds authorized pursuant to this bond resolution
shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the
manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted or impressed
and may be attested by the manual or facsimile signature of the
City Clerk.
Section 6. The powers and duties of advertising such bonds for
sale, conducting the sale and awarding the bonds, are hereby
delegated to the City Controller, who shall advertise such bonds
for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City, provided,
however, that in the exercise of these delegated powers, he
shall comply fully with the provisions of the Local Finance Law
and any order or rule of the State Comptroller applicable to the
sale of municipal bonds. The receipt of the City Controller
shall be a full acquittance to the purchaser of such bonds, who
shall not be obliged to see the application of the purchase
money.
Section 7. The power to issue and sell notes to the New York
State Environmental Facilities Corporation pursuant to Section
169.00 of the Local Finance Law is hereby delegated to the City
Controller. Such notes shall be of such terms, form and contents
as may be prescribed by said City Controller consistent with the
provisions of the Local Finance Law.
Section 8. The City Controller is hereby further authorized, at
his sole discretion, to execute a project financing and loan
agreement, and any other agreements with the New York State
Department of Environmental Conservation and/or the New York
State Environmental Facilities Corporation, including amendments
thereto, and including any instruments (or amendments thereto)
in the effectuation thereof, in order to effect the financing or
refinancing of the specific object or purpose described in
Section 1 hereof, or a portion thereof, by a serial bond, and,
or note issue of said City in the event of the sale of same to
the new York State Environmental Facilities Corporation.
Section 9. The intent of this resolution is to give the City
Controller sufficient authority to execute those applications,
agreements, instruments or to do any similar acts necessary to
effect the issuance of the aforesaid serial bonds and, or notes
without resorting to further action of this Common Council.
Section 10. All other matters, except as provided herein
relating to such bonds, including determining whether to issue
such bonds having substantially level or declining annual debt
service, including prescribing whether manual or facsimile
signatures shall appear on said bonds, prescribing the method
for the recording of ownership of said bonds, appointing the
fiscal agent or agents for said bonds, providing for the
printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of
its City Controller, providing for the manual countersignature
of a fiscal agent or of a designated official of the City), the
date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation
with other issues, shall be determined by the City Controller.
It is hereby determined that it is to the financial advantage of
the City not to impose and collect from registered owners of
such serial bonds any charges for mailing, shipping and insuring
bonds transferred or exchanged by the fiscal agent, and,
accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the
fiscal agent. Such bonds shall contain substantially the recital
of validity clause provided for in section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the
Local Finance Law, as the City Controller shall determine.
Section 11. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object of
purpose for which said City is not authorized to
expend money, or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 12. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-1. Other than as specified in this resolution, no monies
are, or are reasonable expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 13. This resolution, which takes effect immediately,
shall be published in full in the ________________, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
Vote on the Resolution Resulted in the Following:
Alderperson Shenk, Aye
Alderperson Manos, Aye
Alderperson Sams, Aye
Alderperson Farrell, Aye
Alderperson Blumenthal, Aye
Alderperson Vaughan, Aye
Alderperson Marcham, Aye
Alderperson Spielholz, Aye
Alderperson Taylor, Aye
Alderperson Hershey, Aye
Carried Unanimously
18.13 Request for Funding for Emergency Repairs to the Green
Street Parking Ramps – Resolution – To be handed out at meeting
By Alderperson Marcham: Seconded by Alderperson Vaughan
RESOLVED, That an emergency Capital Project be hereby
established at an estimated cost of $30,000 to reconstruct
portions of the Green Street Parking Facility, resulting from
damage caused by a recent vehicular accident on June 30, 1999.
Funding for said project shall first be derived from any
insurance recovery which may be forthcoming.
Carried Unanimously
18.14 Community Service Grant Applications - Report
Alderperson Marcham reported that interviews will be from 4:00
P.M. to 7:00 P.M., Thursday, July 15th in the Second Floor
conference room. Applications are currently in City Controller
Cafferillo’s office for review.
18.15 Chamberlain - Request Salary Adjustments for Acting
Chamberlain
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, City Chamberlain, Debra Parsons, will be on vacation for
a period of 3 weeks, from July 12 through July 30; now therefore
be it
RESOLVED, That Joyce Day, currently the Office Manager in the
Chamberlain’s Office, be temporarily appointed to the position of
Deputy City Chamberlain for a period of three (3) weeks, at an
annual salary of $43,758, which represents an increase of 8%, and
is consistent with out-of-title provisions of the current CSEA
Administrative Unit Contract, and be it further
RESOLVED, That funds necessary for said temporary amendment shall
be derived within the existing 1999 Chamberlain budget.
Carried Unanimously
18.16 Mayor – Approval of Cooperative Energy Contract
By Alderperson Marcham: Seconded by Alderperson Shenk
WHEREAS, the County of Tompkins and the County of Tioga entered
into an agreement for the purchase of natural gas with NYSEG
Solutions, Inc., and
WHEREAS, the contract provides that political subdivisions
within the counties may obtain natural gas under the contract,
and
WHEREAS, the Tompkins County Board of Representatives adopted a
resolution providing that political subdivisions within the
County shall be included in such cooperative purchasing
agreement upon the submission of a resolution approved by its
governing body to the County Department of Finance; now,
therefore be it
RESOLVED, That the City of Ithaca shall participate in the
cooperative purchase agreement and may, thereby, purchase
natural gas under the contract with NYSEG Solutions, Inc., and
be it
RESOLVED, That a copy of this resolution shall be sent to the
County Department of Finance, and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to
sign the agreement for cooperative purchase of natural gas
between the City of Ithaca and NYSEG Solutions, Inc.
City Controller Cafferillo stated that the estimated savings will
be approximately $2,600 a year on city facilities alone.
A Vote on the Resolution resulted as follows:
Carried Unanimously
19. COMMUNITY ISSUES:
19.1 Greater Ithaca Activities Center Teen Program Teens-In-Office
Program – Resolution
By Alderperson Taylor: Seconded by Alderperson Blumenthal
WHEREAS, the Common Council supports the goals and objectives of
the Greater Ithaca Activities Center Teen Program’s Teen-In-Office
Program, and
WHEREAS, those goals and objectives include educating teens in the
democratic process, developing leadership abilities, stimulating
interest in government, promoting civic engagement of teens, and
providing mentorship opportunities for local government officials,
now therefore be it
RESOLVED, That the Common Council will create a special committee,
composed of participants in the GIAC Teens-In-Office Program, and
chaired by a member of the Community Issues Committee, and be it
further
RESLOVED, That said special committee will identify, investigate
and address a range of community issues with a priority on
concerns and/or grievances pertaining to youth under the age of
nineteen, or to families or functional families, as those terms
are definite by sections 210-5 and 325-3 of the Ithaca City Code,
and be it further
RESOLVED, That the Common Council participate in the Teens-In-
Office Program, and be it further
RESOLVED, That the Mayor, in consultation and cooperation with his
senior staff, will participate in the executive branch portion of
the program wherein some Teens-In-Office participants will be
allowed to serve with the Mayor and city department heads during
the day on Monday, May 1, 2000.
Carried Unanimously
Discussion followed on the importance of advertising and
recruiting to appeal to all different types of teenagers.
19.2 An Ordinance Regulating the Use of Skateboards
By Alderperson Taylor: Seconded by Alderperson Vaughan
ORDINANCE NO.99-
WHEREAS, Common Council of the City of Ithaca is cognizant of
the use of skateboards and other like instruments as a means of
recreation and a mode of transportation, especially by the young
people of the community, and
WHEREAS, Common Council is also cognizant of the danger posed by
the unregulated use of skateboards and other like instruments to
passersby, pedestrians, and the users themselves in public areas
not designated for this purpose, and
WHEREAS, Common Council of the City of Ithaca wishes to provide
for the regulation of skateboarding; now, therefore, be it
ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. Definitions.
The term “Skateboard” is defined as a device for riding upon,
usually while standing or sitting, consisting generally of an
oblong piece of wood or other materials mounted on skate wheels
and propelled solely by the force of its rider. The definition
of the term “skateboard” shall not be construed to include
bicycles, roller skates, roller blades, wheel chairs or any
other device intended to be used to provide transportation for
any disabled person.
For purposes of this Ordinance, “recreation” shall be defined as
performing acrobatic stunts, “wheelies”, “flips”, or any other
activity in which the feet of the operator leave the skateboard.
Section 2. Prohibited. It shall be unlawful to operate
skateboards in any manner in public parking garages, ramps and
parking lots within the City limits.
It shall additionally be unlawful to operate skateboards in any
manner on the Secondary Commons as such is defined in the Code
of the City of Ithaca at Section 157-3.
It shall further be unlawful to operate skateboards on the
sidewalks in the Titus Towers area, specifically on Wood Street
between Plain Street and Meadow Street; on Fair Street between
South Street and Wood Street; and on South Street between Fair
Street and Meadow Street.
Section 3. Prohibition for recreational purpose.
It shall be unlawful to operate skateboards in any manner for
the purpose of recreation within the City of Ithaca except in
skateboard parks and other areas specifically designated by the
City of Ithaca for recreational skateboard purposes.
Section 4. Transportation. The operation of skateboards for the
purpose of transportation only, other than in those areas
specifically prohibited in Section 2 of this Ordinance, shall be
permitted under the following conditions:
Skateboards may be operated upon the public roadways subject to
New York State Vehicle and Traffic Law, Article 34, and upon
sidewalks and in bicycle lanes within the City limits, where not
otherwise prohibited by ordinance, law or regulation.
The operator of a skateboard, when operated on the sidewalks
within the City limits, shall maintain a distance of at least
five (5) feet from any pedestrian and maintain a speed of no
more than five (5) miles per hour.
3. No person riding upon any skateboard shall attach the same or
him/herself to any vehicle being operated on a roadway.
4. Upon all roadways, any skateboards shall be operated on a
usable bicycle lane or, if a usable bicycle lane has not been
provided, near the right-hand curb or edge of the roadway or
upon a usable right-hand shoulder in such a manner as to prevent
undue interference with the flow of traffic except when
preparing for a left turn or when reasonably necessary to avoid
conditions that would make it unsafe to continue along near the
right-hand curb or edge. Conditions to be taken into
consideration include, but are not limited to, fixed or moving
objects, vehicles, bicycles, in-line skates, pedestrians,
animals, surface hazards or traffic lanes too narrow for a
person on a skateboard and a vehicle to travel safely side-by-
side within the lane.
5. Persons riding upon a roadway shall not ride more than two
abreast. Persons riding upon a shoulder or bicycle lane, or
bicycle path, intended for the use of bicycles may ride two or
more abreast if sufficient space is available, except that when
passing a vehicle, bicycle or person on in-line skates, other
skateboarder or pedestrian, standing or proceeding along such
shoulder, lane or path, persons riding skateboards shall ride
single file. Persons riding skateboards upon a roadway shall
ride single file when being overtaken by a vehicle.
1
No person shall skate or glide on a skateboard on a roadway
during the period of time between one-half hour after sunset and
one-half hour before sunrise unless such person is wearing
readily visible reflective clothing or material which is of
light or bright color.
Section 5. Penalties.
A. Violation of any of the provisions of this ordinance, if
committed by a person sixteen years of age or older, shall be
punished as follows:
1.First offense.
Any person convicted of a violation of this ordinance shall be
punished by a fine of fifty dollars (to include all costs and
assessments). The court may authorize community service in lieu
of all or part of this fine.
2.Second offense.
Any person who violates this ordinance a second time within a
five-year period shall be guilty of a misdemeanor, punishable by
a fine not less than fifty dollars nor more than one hundred
dollars. The court may authorize community service in lieu of
all or part of this fine.
3.Third or subsequent offense.
Any person who violates this ordinance a third or more times
within a five-year period shall be guilty of a misdemeanor,
punishable by a fine of not less than one hundred dollars nor
more than two hundred fifty dollars, or by imprisonment in jail
not to exceed fifteen days. The court may authorize community
service in lieu of all or part of the fine.
B. Violation of any of the provisions of this ordinance, if
committed by a person less than sixteen years of age shall
result in a written warning with a copy of the same being sent
to such person’s parents or guardian.
Section 6. Enforcement. It shall be the duty of the City of
Ithaca Police Department to enforce the provisions of this
ordinance. Additionally, any peace officer shall have authority
to enforce the provisions of this Ordinance.
Section 7. Effective Date. This Ordinance shall take effect in
accordance with law upon publication of notice as provided in
the Ithaca City Charter.
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Hershey
RESOLVED, that Section 7 shall read as follows:
“Section 7. Effective Date. This Ordinance shall take effect on
August 15, 1999.”
Discussion followed on the floor regarding whether the Ordinance
shall take effect on the opening date of the Roller Sports Park. A
motion to make this the amendment was proposed then withdrawn.
July 7, 1999
2
Ayes: (6) Manos, Shenk, Sams, Hershey, Farrell, Spielholz
Nays: (4) Marcham, Vaughan, Taylor, Blumenthal
Carried
Discussion followed on the floor regarding whether the amendment
regarding private property owners and the amendment regarding
designating Stewart and Cass Parks (or only one of the two
Parks) as skateboard areas should be separate amendments.
Alderperson Blumenthal stated they should get advice from the
Parks Commission.
Amending Resolution
By Alderperson Farrell: Seconded by Alderperson Spielholz
RESOLVED, That Section 3 should read as follows:
“Section 3. Prohibition for recreational purpose. It shall be
unlawful to operate skateboard in any manner for the purpose of
recreation within the City of Ithaca except in skateboard parks,
Cass Park, Stewart Park, and any other areas specifically
designated by the City of Ithaca for recreational skateboard
purposes.”
Ayes: (2) Farrell, Spielholz
Nays: (8) Manos, Shenk, Sams, Hershey, Marcham, Vaughan, Taylor,
Blumenthal
Failed
Amending Resolution
By Alderperson Blumenthal : Seconded by Alderperson Hershey
RESOLVED, That Section 3 should read as follows:
“Section 3. Prohibition for recreational purpose. It shall be
unlawful to operate skateboards on public property in any manner
for the purpose of recreation within the City of Ithaca without
the property owner’s permission except in skateboard parks and
in any other areas specifically designated by the City of
Ithaca, or a private property owner for recreational skateboard
purposes.”
Carried Unanimously
Amending Resolution
By Alderperson Farrell: Seconded by Alderperson Manos
RESOLVED, That Section 5 should read as follows:
“Section 5. Penalties.
Any person who violates this ordinance a third or more times
within a five-year period shall be guilty of a misdemeanor,
punishable by a fine of not less than one hundred dollars nor
more than two hundred fifty dollars. The court may authorize
community service in lieu of all or part of the fine.”
Discussion followed on how much room for discretion the Council
wishes to give the judges who would be trying the offender.
Ayes: (4) Shenk, Manos, Spielholz, Farrell
Nays: (6) Sams, Hershey, Taylor, Blumenthal, Marcham, Vaughan
Failed
Main Motion as Amended
A Vote on the Main Motion as Amended Resulted as Follows:
July 7, 1999
3
Ayes: (8) Shenk, Sams, Hershey, Spielholz, Taylor, Blumenthal,
Vaughan, Marcham
Nays: (2) Farrell, Manos
Carried
19.3 Graffiti Ordinance – Report
Alderperson Taylor reported that the Graffiti Ordinance remains
in committee and has gone back for yet another rewrite.
20. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
20.1 An Ordinance Amending Section 325-4 the “Establishment
of Zoning Districts” of Chapter 325 entitled “Zoning” of the City
of Ithaca Municipal Code Renaming the MH-1 Zoning District
20.1A) Declaration of No Significant Environmental Impact
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
WHEREAS, an Ordinance entitled “An Ordinance Amending Section
325-4 the “Establishment of Zoning Districts” of Chapter 325
entitled “Zoning” of the City of Ithaca Municipal Code –
Renaming the MH-1 Zoning District of the City of Ithaca
Municipal Code has been submitted to Common Council for
consideration, and
WHEREAS, the proposed action is an “unlisted” action under the
State Environmental Quality Review Act and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted,
and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca is lead
agency in this matter, and hereby does adopt as its own the
findings and conclusions more fully set forth on the Short
Environmental Assessment Form dated May 27, 1999 and, be it
further
RESOLVED, That Common Council of the City of Ithaca as lead
agency, hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary under the
circumstances, and, be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk be and she is hereby
directed to file a copy of the same, together with the
attachment, in the City Clerk’s Office and forward the same to
any other parties as required by law.
Carried Unanimously
20.1B An Ordinance Amending Section 325-4 the “Establishment of
Zoning Districts” of Chapter 325 entitled “Zoning” of the City
of Ithaca Municipal Code
By Alderperson Blumenthal: Seconded by Alderperson Farrell
ORDINANCE NO. 99 -____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
July 7, 1999
4
Section 1. The Municipal Code of the City of Ithaca, New York
Section 325-4, the list of zoning districts of Chapter 325
entitled “Zoning,” shall be amended by renaming the MH-1
district as follows:
MH-1 Residential – Mobile Home
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
20.2 Public Hearing to Consider a Local Law Amending Chapter 325
Entitled “Zoning” of the City of Ithaca Municipal Code to
Provide for a Temporary Moratorium on the Establishment of New
Adult Uses or the Expansion of Existing Adult Uses
By Alderperson Blumenthal : Seconded by Alderperson Vaughan
Local Law No. __________ of 1999
City of Ithaca
A LOCAL LAW AMENDING CHAPTER 325 ENTITLED “ZONING” OF THE
CITY OF ITHACA MUNICIPAL CODE TO PROVIDE FOR A TEMPORARY
MORATORIUM ON THE ESTABLISHMENT OF NEW ADULT USES OR THE EXPANSION
OF EXISTING ADULT USES.
BE IT ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1. Title.
This local law shall be referred to as the “Moratorium for
the establishment or expansion of adult uses.
Section 2. Purpose.
The City of Ithaca zoning ordinances establish zoning
districts and regulations concerning the use of land and
structures. The statutory grant of power to regulate the use of
land and structures includes, among the purposes of such
regulation, promoting the health, safety, morals and the general
welfare of the community. The City of Ithaca currently regulates
only Adult Entertainment Establishments.
The City is cognizant that Adult Entertainment Establishments
and other types of adult uses, not currently regulated, may have
serious objectionable characteristics and impacts. In order to
promote the health, safety and general welfare of the residents of
the City of Ithaca, this moratorium is intended to allow
sufficient time to investigate the appropriate locations and/or
regulations for such businesses.
The City of Ithaca also recognizes that there are important
constitutional issues and protections which must be identified and
addressed in any regulation of adult uses. In order to address all
concerns and issues in a lawful, thoughtful and reasoned manner
the City determines that it must declare a moratorium on the
establishment of new adult uses and the expansion of existing
July 7, 1999
5
adult uses pending the review and possible enactment of
appropriate legislation regulating the same.
Section 3. Definitions
(A) Adult Use. An adult use is the use of land or structures
for an “adult entertainment business” and/or “adult physical
contact establishment” as herein defined.
(B) Adult entertainment business:
(1). An adult entertainment establishment as
defined in Section 325-3 of the City of Ithaca Municipal Code, or
(2). A building or structure used for presenting,
lending or selling motion picture films, video cassettes, cable
television, or any other such visual media, or used for
presenting, lending, or selling books, magazines, publications,
photographs, or any other written materials distinguished or
characterized by an emphasis on matter depicting, describing or
relating to “specified sexual activities” or “specified anatomical
areas” as defined in Section 325-3 of the City of Ithaca Municipal
Code.
(C) Adult physical contact establishment. Any establishment
which offers or purports to offer massage, duly licensed physical
therapy and therapeutic massage, or other physical contact by
members of the opposite sex. Medical offices, electrolysis, duly
licensed physical therapy and therapeutic massage, karate, judo
and dance studios are not “adult physical contact establishments”.
Section 4. Moratorium
(A) There is hereby established a moratorium on all
development of Adult Uses in the City of Ithaca for a period of
nine (9) months from the effective date of this local law.
(B) Owners of Adult Uses existing on the effective date of
this local law shall be permitted to maintain existing sites, but
shall be prohibited from expanding the scope and/or size of their
businesses during the period this moratorium is in effect.
(C) This moratorium may be extended by one additional period
of up to three (3) months by resolution of the Common Council upon
a finding and a necessity for such extension.
(D) During the period of the moratorium, the City shall
endeavor to complete a comprehensive set of regulations for Adult
Uses.
(E) The Building Commissioner shall make an initial
determination whether any proposed use is an Adult Use as herein
defined. Such determination may be appealed to the City Board of
Zoning Appeals.
Section 5. Scope of Controls.
During the effective period of this local law, no site plans
shall be approved, whether by action of the Planning Board or by
default and no other approvals, permits, or certificates of
occupancy shall be granted by any board, committee or officer of
the City. This local law shall be binding on all City departments,
July 7, 1999
6
boards and commissions and any applicant or property owner in the
City.
Section 6. Applications for Relief.
Whenever there is a showing by persons whose premises are
affected by this moratorium that relief therefrom is necessary to
avoid unnecessary financial hardship or a taking of private
property beyond what is permissible by valid regulation, the
Common Council, upon petition, may grant appropriate relief from
this local law subject to whatever conditions are deemed necessary
to protect the public. Applications for such relief shall be by
verified petition to the Common Council and shall be supported by
competent financial evidence in dollars and cents form. The Common
Council shall hold a hearing on any such petition within thirty
(30) days and decide such applications within fifteen (15) days
after the closing of such hearing. The default of the Common
Council in acting on such application shall not result in a
default granting of such relief but shall permit the applicant to
seek such relief pursuant to Article 78 of the CPLR.
Section 7. Penalties.
(A) Any person, firm or corporation that shall establish or
expand an adult use in violation of the provisions of this local
law or shall otherwise violate any of the provisions of this local
law shall be guilty of a violation. Each day a violation continues
shall be considered a separate violation.
(B) The City of Ithaca may apply to a court of competent
jurisdiction for injunctive relief to cease any and all such
actions which conflict with this local law.
Section 8. Supercession.
(A) General City Law §30-a is hereby superceded in its
application to the City of Ithaca by restricting the authority of
the Planning Board to review and approve site plans. This local
law shall take effect immediately.
(B) General City Law §81 is hereby superceded in its
application to the City of Ithaca by restricting the authority of
the Board of Zoning Appeals to grant special permits.
(C) General City Law §81-b is hereby superceded in its
application to the City of Ithaca by restricting the authority of
the Board of Zoning Appeals to grant use and/or area variances.
(D) This local law is intended to supercede any inconsistent
provision of the City Law.
Section 9. Validity.
The invalidity of any provision of this local law shall not
effect the validity of any other provision which can be given
effect without such invalid provision.
Section 10. This law will take effect immediately upon filing
with the Secretary of State of the State of New York.
Carried Unanimously
July 7, 1999
7
20.3 A Local Law Amending Chapter 325 entitled “Zoning” of the
City of Ithaca Municipal Code to Provide for a Temporary
Moratorium on the Construction of New Dwellings-- Call for
Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Spielholz
RESOLVED, That Local Law 1999 -_____ entitled “A Local Law
Amending Chapter 325 entitled “Zoning” of the City of Ithaca
Municipal Code to Provide for a Temporary Moratorium on the
Construction of New Dwellings 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 Local Law in the Common
Council Chambers, City Hall, 108 East Green Street, in the City
of Ithaca, on Wednesday, August 4, 1999 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.
The Local Law to be considered is as follows:
A LOCAL LAW AMENDING CHAPTER 325 ENTITLED “ZONING” OF THE
CITY OF ITHACA MUNICIPAL CODE TO PROVIDE FOR A TEMPORARY
MORATORIUM ON THE CONSTRUCTION OF NEW DWELLINGS.
BE IT ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1. Title.
This local law shall be referred to as the “Moratorium on the
construction of new dwellings.”
Section 2. Purpose.
The City of Ithaca zoning ordinances establish
zoning districts and regulations concerning the use of land and
structures. The statutory grant of power to regulate the use of
land and structures includes, among the purposes of such
regulation, promoting the health, safety, and the general welfare
of the community. Protecting city neighborhoods from inappropriate
development promotes the general welfare of the community.
The City recognizes that, in order to stabilize existing
conditions of use and occupancy within an area that has been
observed to be undergoing rapid development, it must impose a
moratorium on the construction of new dwellings for a period
sufficient to identify and present for legislative action
appropriate measures for the protection and enhancement of the
July 7, 1999
8
area. The City is cognizant that rapid development may outpace the
ability of the City to provide adequate parking. Therefore, for a
period of twelve (12) months from July 5, 1999, within the area
described in Section 4 of this law:
(A) there shall be a moratorium on the construction of
new dwellings.
(B) there shall be a moratorium on alterations or
additions to existing dwellings that would increase the
legal occupancy of such dwellings by more than three (3)
unrelated adults.
Section 3. Definitions.
For purposes of this local law, the term “dwelling”
shall be as defined in the Code of the City of Ithaca, Building
and Land Use Regulation, Section 325-3, as follows:
“DWELLING- A building or structure or
part thereof used and occupied for
human habitation or intended to be
so used.”
Section 4. Area subject to moratorium.
This moratorium shall apply to all properties in an
area bounded by a continuous line beginning at the Stewart
Avenue bridge crossing Cascadilla Creek; thence proceeding
southerly following the westerly boundaries of tax parcels 63-1-
1 through 63-1-6, 63-10-3 through 63-10-5, 63-11-3 through 63-
11-8, 68-1-2 through 68-1-8, which parcels front on Stewart
Avenue, thence continuing along Stewart Avenue southerly to its
intersection with East State Street; thence crossing East State
Street and continuing Southeast along East State Street
following the southerly boundaries of tax parcels 68-10-1, 68-
10-2, 68-9-1 through 68-9-3, 83-2-1 through 83-2-13, 83-2-24.12,
83-2-16.2,83-2-17, 83-2-22,83-2-21 to its intersection with
Valentine Place; thence crossing Valentine Place and continuing
in an Easterly direction to the West corner of tax parcel 89-3-
14, thence following the westerly boundary of tax parcel 83-2-15
to the West corner of tax parcel 83-2-1, then continuing
Southeast along the Southern boundaries of tax parcels 89-3-1
through 89-3-4 which parcels front on East State Street; thence
in a Northeasterly direction along the Southeasterly boundary of
tax parcel 83-3-4 to its intersection with East State Street
where East State Street meets Valley Road; thence north to the
center line of East State Street, thence Northwest long the
centerline of East State Street to its intersection with
Mitchell Street; thence crossing Mitchell Street and continuing
East along Mitchell Street following the southerly (street side)
boundaries of tax parcels 83-3-6.1, 83-4-5, 83-4-4, 83-6-3, 83-
6-2, thence at the intersection with Linden Avenue crossing
Linden Avenue and continuing north along Linden Avenue following
the eastern boundaries of tax parcels 84-1-1, and 67-3-18
through 67-3-31; thence proceeding east along the southern
boundary of tax parcel 67-3-3 to its intersection with Delaware
Avenue, thence North along Delaware Avenue to its intersection
with Bryant Avenue; thence easterly along Bryant Avenue to its
intersection with Harvard Place, thence easterly along Harvard
Place following the southerly boundaries of tax parcels 64-8-11
July 7, 1999
9
through 64-8-9, which parcels front on Harvard Place, thence
north following the easterly boundaries of tax parcels 64-8-9
and 64-8-5, thence crossing Dryden Road and continuing easterly
along Dryden Road following the southerly boundary of tax parcel
64-2-13, thence continuing easterly along Dryden Road to its
intersection with Elmwood Avenue, thence north along Elmwood
Avenue following the easterly boundary of tax parcel 64-2-13,
thence westerly along the northern boundary of tax parcel 64-2-
13 such that tax parcel 64-2-13 is wholly included in the
moratorium area, thence continuing north following the easterly
boundaries of tax parcels 64-2-14 and 64-2-15, which parcels
front on Summit Street, and thence continuing north along a
parallel line with said eastern boundaries through tax parcel
64-2-8, also fronting on Summit Street, and continuing along the
same parallel line, crossing Oak Avenue, and continuing to its
intersection with the center line of Cascadilla Creek, thence
westerly along the center line of Cascadilla Creek to the point
and place of beginning.
Section 5. Moratorium
(A) There is hereby established, for a period of twelve (12)
months from July 5, 1999, within the area described in Section 4
of this law, a moratorium on the construction of new dwellings.
There is also hereby established, for the same twelve (12) month
period and within the same area, a moratorium on alterations or
additions to existing dwellings that would increase the legal
occupancy of such dwellings by more than three (3) unrelated
adults.
(B) During the period of the moratorium, the Building
Commissioner shall cease to issue building permits for the
construction of dwellings in the moratorium area. During the
period of the moratorium, the Building Commissioner shall also
cease to issue building permits for alterations or additions to
dwellings in the moratorium area that would increase the legal
occupancy of such dwellings by more than three (3) unrelated
adults.
(C) During the period of the moratorium, the City shall
endeavor to complete an in-depth study of parking issues in the
area encompassed by the moratorium, including but not limited to,
collecting and evaluating information on motor vehicle usage by
residents of the area subject to the moratorium. The scope of, and
contract for, such study shall be approved and authorized by
Common Council.
Section 6. Scope of Controls.
During the effective period of this local law, within the
area encompassed by this law, no site plans shall be approved,
whether by action of the Planning Board or by default and no other
approvals, permits, certificates of compliance or certificates of
occupancy shall be granted by any board, committee or officer of
the City that would cause an increase in the legal occupancy of
dwellings by more than three (3) unrelated adults. This local law
shall be binding on all City departments, boards and commissions
and any applicant or property owner in the City.
July 7, 1999
10
Section 7. Exemptions.
(A) Applications for building permits or variances which
were filed on or before July 5, 1999 shall be exempt from the
provisions of this moratorium.
(B) Retail commercial establishments, including bed and
breakfast facilities, shall be exempt from the provisions of
this moratorium.
Section 8. Applications for Relief.
Whenever there is a showing by persons whose premises are
affected by this moratorium that relief therefrom is necessary to
avoid unnecessary financial hardship or a taking of private
property beyond what is permissible by valid regulation, the
Common Council, upon petition, may grant appropriate relief from
this local law subject to whatever conditions are deemed necessary
to protect the public. Applications for such relief shall be by
verified petition to the Common Council and shall be supported by
competent financial evidence in dollars and cents form. The Common
Council shall hold a hearing on any such petition within thirty
(30) days and decide such applications within fifteen (15) days
after the closing of such hearing. The default of the Common
Council in acting on such application shall not result in a
default granting of such relief but shall permit the applicant to
seek such relief pursuant to Article 78 of the CPLR.
Section 9. Penalties.
(A) Any person, firm or corporation that shall construct,
alter, or make additions to any structure or dwelling in
violation of the provisions of this local law or shall
otherwise violate any of the provisions of this local law
shall be guilty of a violation. Each day a violation
continues shall be considered a separate violation.
(B) The City of Ithaca may apply to a court of competent
jurisdiction for injunctive relief to cease any and all such
actions which conflict with this local law.
Section 10. Supercession.
(A) General City Law §30-a is hereby superceded in its
application to the City of Ithaca by restricting the authority of
the Planning Board to approve site plans. This local law shall
take effect immediately.
(B) General City Law §81 is hereby superceded in its
application to the City of Ithaca by restricting the authority of
the Board of Zoning Appeals to grant special permits.
(C) General City Law §81-b is hereby superceded in its
application to the City of Ithaca by restricting the authority of
the Board of Zoning Appeals to grant use and/or area variances.
(D) This local law is intended to supercede any inconsistent
provision of the City Charter or Code.
Section 11. Validity.
July 7, 1999
11
The invalidity of any provision of this local law shall not
affect the validity of any other provision which can be given
effect without such invalid provision.
Section 12. This law will take effect immediately upon filing
with the Secretary of State of the State of New York and will
expire on July 5, 2000.
Motion to Table
By Alderperson Farrell: Seconded by Alderperson Blumenthal
RESOLVED, That this item be tabled pending further discussion.
Carried Unanimously
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Manos
RESOLVED, That Section 2. Purpose be re-written to read as
follows:
“Section 2. Purpose
The City recognizes that, in order to stabilize existing
conditions of use and occupancy within an area that has been
observed to be undergoing rapid development, it must impose a
moratorium on the construction of new dwellings for a period
sufficient to identify and present for legislative action
appropriate measures for the protection and enhancement of the
area. The City is cognizant that rapid development may outpace the
ability of the City to provide adequate parking. Therefore, for a
period of six (6) months from July 5, 1999, within the area
described in Section 4 of this law:”
Discussion followed on the table about reviewing the zoning in
Collegetown to limit the number of stories possible to build and
about variances that target parking.
Alderperson Manos stated a nine-month moratorium would be most
effective because it would allow for construction to continue in
the spring. From August of the year 1999 to April of the year
2000 would not hurt builders and the construction industry as
much.
Alderperson Hershey stated his concern about having developers
rush to finish plans before the public hearing.
City Attorney Geldenhuys stated that there are other options,
such as setting an application date. She also stated that the
Local Law must be written at least eight days before the next
Council meeting in order to allow time for review.
Alderperson Blumenthal stated her concern that with a nine-month
moratorium, the community will expect them to be finished at
that time, and she does not think that is possible. She believes
they should allow for a three or six-month extension and that
there is no set season for construction.
Alderperson Spielholz stated that the moratorium is strictly
about residential construction that will add more than three
beds. Smaller additions will be able to go through. There will
also be circumstances under which hardship can be reviewed by
the Board of Zoning Appeals.
July 7, 1999
12
The Amendment was voted on and defeated. Mayor Cohen did not
state who the ayes were and who the nays were. I can’t find a
record of it anywhere in your notes, Julie.
Amending Resolution
By Alderperson Hershey: Seconded by Alderperson Hershey
RESOLVED, That should the City adopt the Collegetown Zoning
Moratorium that the scope of and contract for the parking study be
approved and authorized by Common Council.
Carried Unanimously
Amending Resolution
By Alderperson Manos: Seconded by Alderperson Sams
RESOLVED, that Section 2. Purpose be written to read as follows:
“Section 2. Purpose
The City recognizes that, in order to stabilize existing
conditions of use and occupancy within an area that has been
observed to be undergoing rapid development, it must impose a
moratorium on the construction of new dwellings for a period
sufficient to identify and present for legislative action
appropriate measures for the protection and enhancement of the
area. The City is cognizant that rapid development may outpace the
ability of the City to provide adequate parking. Therefore, for a
period of nine (9) months from July 5, 1999, within the area
described in Section 4 of this law:”
The Amendment was voted on and defeated. Mayor Cohen did not
state who the ayes were and who the nays were. I can’t find a
record of it anywhere in your notes, Julie.
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED, That the following Resolved clause be added to the
resolution:
“RESOLVED, Exempting dwellings that do provide one parking space
for every three bedrooms.”
Mayor Cohen stated that all of the major projects so far have
complied with this law but he cannot speak for all the smaller
projects.
The Amendment was voted on and defeated. Mayor Cohen did not
state who the ayes were and who the nays were. I can’t find a
record of it anywhere in your notes, Julie.
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED, That the following Resolved clause be added to the
resolution:
“RESOLVED, Exempting dwellings that are forty feet or less or
four stories or less in height.”
Discussion followed on the floor regarding problems with
parking, emergency vehicles, deliveries, and congestion on
Collegetown streets.
Alderperson Blumenthal stated that it is not only the high-rise
buildings that cause such problems.
July 7, 1999
13
Alderperson Spielholz stated that they should finish the study
that the moratorium would allow before discussing such problems,
since they do not really know the extend or cause of the
problems.
The Amendment was voted on and defeated. Mayor Cohen did not
state who the ayes were and who the nays were. I can’t find a
record of it anywhere in your notes, Julie.
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED, That the following Resolved clause be added to the
resolution:
“RESOLVED, Limiting area to properties located in the City of
Ithaca, east of Stewart Avenue, and in any B-1 or B-2 zoning
district.”
Alderperson Spielholz stated that east of Stewart Avenue would
not take into account that the northwest corner of Stewart and
Buffalo Streets is zoned for six-story buildings. If they did
not include this area, it would be available for development,
and she is concerned since that is part of her Ward.
Alderperson Vaughan stated that by limiting the development in a
certain core, they would be pushing the development outside the
core. She wants to make it geographically broad to cover the R-
3A and R-3B districts.
The Amendment was voted on and defeated. Mayor Cohen did not
state who the ayes were and who the nays were. I can’t find a
record of it anywhere in your notes, Julie.
Amending Resolution
By Alderperson Shenk: Seconded by Alderperson Sams
RESOLVED,
Julie, Tape 3 of 4 is missing and I assume it has one or two
more of Shenk’s amendments on it, and then the public speaking
and the Mayor’s appointments (which I typed from your notes).
I’m also not sure who motioned to remove from the table – your
notes say, “Get from tape.” The final vote on the resolution was
8-1 (Manos) – 1 (Abstain-Sams). I’m not sure what to do, tape 4
picks up with the Graffiti Report.
20.4 An Ordinance Amending The “Official Zoning Map of the City
of Ithaca, New York” of Chapter 325 entitled “Zoning” of the
City of Ithaca Municipal Code Known as the “Quarry Street
Rezoning” -- Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Farrell
RESOLVED, That Ordinance 99 -_____ entitled “An Ordinance
Amending The “Official Zoning Map of the City of Ithaca, New
York” of Chapter 325 entitled “Zoning” of the City of Ithaca
Municipal Code” 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, August 4, 1999 at 7:00 p.m., and be it
further
July 7, 1999
14
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 is as follows:
An Ordinance Amending The “Official Zoning Map of the City of
Ithaca, New York” of Chapter 325 entitled “Zoning” of the City
of Ithaca Municipal Code Known as the “Quarry Street Rezoning”
ORDINANCE NO. 99____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. The Official Zoning Map of the City of Ithaca, New
York of Chapter 325 entitled “Zoning” of the City of Ithaca
Municipal Code is hereby amended as follows:
The zoning district designation for portions of the certain
tracts of land is changed from P-1 to R-3a as indicated on the
map entitled “Quarry Street Rezoning” dated 17 June 1999. The
tracts so changed in designation are portions of parcels 83.-
24.21and 89.-2-2 as indicted on the “Tax Map, City of Ithaca,
Tompkins County, NY” as of tax map status date 3/1/97.
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
21. NEW BUSINESS:
Resolution of Support for the Elimination of the
Sunset Provision of the Local Government Records Management
Improvement Fund
By Alderperson Vaughan: Seconded by Alderperson Shenk
WHEREAS, the Local Government Records Management Improvement
Fund (LGRMIF) was created in 1989 to provide technical
assistance and grants to establish, improve or enhance records
management programs in New York’s more that 4,300 local
governments, and
WHEREAS, a sunset date for the LGRMIF was established in the
original legislation to permit its operation as a five-year
experiment, and
WHEREAS, the LGRMIF operated successfully and supported
essential advisement and grants projects specifically to improve
July 7, 1999
15
the management of records and information in local governments,
and
WHEREAS, the New York State Legislature in 1995 extended the
sunset date to December 31, 2000, and
WHEREAS, the LGRMIF and the programs it supports continue to
operate at a high standard of excellence and provide direct and
significant benefit to local governments at no cost to the
taxpayers, and
WHEREAS, the City of Ithaca has benefited from technical
assistance, training, publications, and six grants totaling
$158,227 supported by the LGRMIF, and
WHEREAS, the LGRMIF continues to be critically important in the
fulfillment of the many records and information related
responsibilities of the City of Ithaca; now therefore, be it
RESOLVED, That the City of Ithaca supports the elimination of
said sunset provision of December 31, 2000 in order to make the
LGRMIF permanent.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:30 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor