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HomeMy WebLinkAboutMN-CC-1999-08-04 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M August 4, 1999 PRESENT: Mayor Cohen Alderpersons (8) Shenk, Sams, Blumenthal, Marcham, Manos, Farrell, Vaughan, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys City Controller – Cafferillo Deputy Controller – Thayer Building Commissioner – Eckstrom Planning and Development Director – Van Cort Superintendent of Public Works – Gray Police Chief – Basile City Chamberlain – Parsons Human Resources Director – Michell-Nunn EXCUSED: Alderpersons Hershey and Spielholz PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. Motion to Enter into Executive Session: By Alderperson Manos: Seconded by Alderperson Sams RESOLVED, That Common Council adjourn into Executive Session to discuss the employment history of an individual. Carried Unanimously Reconvene: Common Council reconvened into Regular Session with no formal action taken. Provision of Redacted Human Rights Report to Building Commissioner - Resolution By Alderperson Shenk: Seconded by Alderperson Manos RESOLVED, That a redacted copy of the report of the Tompkins County Human Rights Commission be released to Building Commissioner, Rick Eckstrom in the spirit of fairness. The names and identifying factors will be removed to ensure the confidentiality of those mentioned. Carried Unanimously MAYOR’S STATEMENTS: Mayor Cohen read the following into the record: “Many questions have been asked of recent days and I would like to take this opportunity to answer as many of them as I am able. 1. Why all the secrecy? Why has the Mayor and Common Council stayed silent on matters relating to the Human Rights Commission investigation? We have remained silent so as to not interfere with a number of situations. There is an internal personnel investigation going on to determine whether or not disciplinary charges should be brought against the Building Commissioner. A notice of claim has been filed with the City by the owners of the barbershop which indicates the possibility of a civil suit being filed against the City. There is August 4, 1999 2 an on-going proceeding with the Human Rights Commission which at this point is in what is called the conciliation stage where the complainants sit down with the respondents to see what can be done to work out the issues involved. Each one of these situations requires confidentiality. In the case of the internal investigation, any statements on our part as to the merits of the allegations in the Human Rights Commission’s report could indicate a lack of impartiality on our part. To pre-determine the outcome of any charges that might result from our investigation would undermine the validity of the process. 2. Why has Building Commissioner Richard Eckstrom not been given a copy of the report? The City has spent time since the release of the report researching case law and talking to Commission representatives to determine what we can and cannot do. The Human Rights Commission has informed us that the City was the respondent of the report, not Mr. Eckstrom which is why they did not give him a copy of the report. The report was not written by the City or released by the City. It was delivered to Common Council as a confidential document and, as you heard just before, the Council has voted tonight to release a redacted version of the report to Mr. Eckstrom. A redacted version is one in which the names of individuals are redacted or removed from the report. The report contains names of City employees and others. These individuals were guaranteed the confidentiality of their testimony by the Human Rights Commission and it would be an unwarranted invasion of their privacy to release this report in full with their names in it. 2. Why was Mr. Eckstrom suspended for 30 days and why with pay? Mr. Eckstrom was suspended to stabilize the work environment of the Building Department during the current investigation. He was suspended with pay because to do otherwise would imply a prior determination. 3. Why is the investigation solely focused on the Building Commissioner? The investigation is focused on the Building Commissioner at this time due to time constraints that are dictated by our City Charter. The City Charter states that if any disciplinary charges are brought against our management staff, they must be limited to occurrences that took place within twelve months of the date that disciplinary charges are filed. The Common Council is still considering whether other individuals and/or departments should also be investigated. 4. What happens next? The process follows the rules of section 26.1 of the City Code. At the conclusion of the internal investigation, the evidence gathered by the investigators will be presented to the Mayor. The Mayor determines whether or not disciplinary charges are to be brought. If charges are brought, they are presented in writing and then the officer against whom an action is commenced may request a hearing. The Common Council can serve as a hearing officer or it can designate a hearing officer. After the hearing, the hearing officer makes a finding of fact and recommends the imposition of any type of penalty to the final decision maker of the matter. The final decision maker is the Common Council or its designee. 5. Doesn’t Mr. Eckstrom has the right to face his accusers? If charges are brought against Mr. Eckstrom and a hearing is held, those that previously testified would do so again in front of Mr. Eckstrom at such hearing. August 4, 1999 3 My colleagues on Common Council and I have been inundated with inquiries about this situation. We clearly understand the concerns that community members have about responding to their questions and about basing our actions on the truth. If there are grounds to bring disciplinary actions against Mr. Eckstrom we will do so but the grounds to bring any such charges will be based on evidence not on emotion. We are not just talking about addressing community concerns, we are talking about impacting the reputation and the life of a human being and his family. It is incumbent upon us to ensure that due process is strictly adhered to and that the rights of all involved are protected. I would like to address one more issue before we begin this evening. Like many of you I read the letter in today’s Ithaca Journal by former Mayor Ben Nichols. I was angered by the obvious transparency of the political motivations behind this letter. In contrary to his assertion, it is not the Mayor’s role to get involved on a regular basis in code enforcement issues. I take offense in his insinuation that I must have been involved in this matter. Non the less, after I thought about it for awhile I realized that, despite the agenda of any individual person, the voters of this City might have questions about my conduct and they have a right to know the truth. To that end I have spoken today with New York State Attorney General Elliot Spitzer and I have formally requested an investigation of my office in regards to the barbershop matter. This request was specifically limited to the conduct of my office and not that of any other individual or department. That decision I will leave to the Common Council.” 20. COMMUNITY ISSUES COMMITTEE: 20.1 Presentation of Report Regarding Tompkins County Human Rights Commission Investigation Executive Director Lauren Austin presented the report from the Tompkins County Human Rights Commission to Common Council, and described the process that the Human Rights Commission used to investigate the allegations, and address due process concerns. She expressed her concerns for the lives of the people involved, and confidentiality issues. Extensive discussion followed on the floor with Ms. Austin answering questions from Council members. Alderperson Shenk stated that an un-redacted copy of the report was released to the media. She noted her concern about protecting the rights of the people involved, however voiced her frustration that Ms. Austin was not able to speak more openly to members of Council. Ms. Austin responded that the leak of information to the media was not her responsibility, and that her organization did everything possible to ensure confidentiality. Discussion followed on the floor regarding who received copies of the un-redacted reports, and the Human Rights Commission policy of distributing confidential reports. Ms. Austin stated that copies of the reports are always submitted to the parties involved with the names included and confidentiality is the responsibility of both parties until the hearing begins. The conciliation process of avoiding hearings in support of amicable solutions was discussed. Further discussion followed on the floor regarding the protection of confidentiality during a hearing process. ADDITIONS TO OR DELETIONS FROM THE AGENDA: New Business Mayor Cohen requested the addition of an Item to Request Authorization to Hire a Compensation Consultant; an Item regarding the City/Town Fire Negotiations; a Possible Motion to enter into Executive Session to discuss the Employment History of August 4, 1999 4 an Individual; and a Resolution regarding the Attorney General Investigation Into the Tompkins County Human Rights Commission Report. No Council member objected. Budget & Administration Committee Alderperson Marcham requested the addition of Item 19.13 - West State Street Improvement Project – Discussion and Possible Resolution. No Council member objected. Planning & Economic Development Committee Alderperson Blumenthal requested the addition of Item 17.4 - Collegetown Moratorium – Resolution and Amendment to the Local Law; and Item 17.6 - Clean Air Act – Report / Possible Resolution No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider 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 Resolution to Open Public Hearing: By Alderperson Shenk: Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing to consider the 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 be declared open. Carried Unanimously No one appeared to address Common Council. Resolution to Close Public Hearing: By Alderperson Vaughan: Seconded by Alderperson Manos RESOLVED, That the public hearing to Consider 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 be declared closed. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Doug Wright, PBA President - Deputy Police Chief and Captain positions Bonnie Williams, City of Ithaca - Barbershop situation Alan Lambert, City of Ithaca - first floor renovations at City Hall Paul Sawyer, City of Ithaca – Barbershop issue, Human Rights Commission report Sal Pirro, City of Ithaca - Building Department selective enforcement and discrimination Norfe Pirro, City of Ithaca –Building Department selective enforcement Joel Harlan, Town of Dryden - Oswego Harbor Fest in Oswego, development issues Fay Gougakis, City of Ithaca – Re-zoning of West End, neighborhood preservation, Barbershop issue Tim Joseph, TC Board of Respresentatives – Barbershop issue, racism, and community response to larger issues Dan Hoffman, City of Ithaca - bond application of sewer application, regional planning, and land use Jean Finley, City of Ithaca - Need for a bias free zone as policy for the City Suzanne Davis, City of Ithaca – Barbershop issue, hate and racism in community Jackie Melton Scott, City of Ithaca -Institutional racism. Joyce Muchan, City of Ithaca - Media coverage of Barbershop issue Ken Bangerter, City of Ithaca -Building Department actions, Downtown Ithaca needs August 4, 1999 5 Guy Gerard, City of Ithaca -Water bond act grant application Ivan Thomas, Owner of Barbershop – Human Rights Commission report Leslyn McBean, City of Ithaca – Unauthorized release report and lack of public information Jay Hutchings – Barbershop issue RESPONSE TO THE PUBLIC: Alderperson Marcham responded to comments made regarding the City Hall first floor renovation project. Alderperson Taylor stated that the Human Rights Commission report was hand delivered to each Council member, and that the report is not the end, but the beginning of the process. Alderperson Shenk stated that everyone feels very constrained in what they are allowed to say, and that Council needs to look at larger problem. Alderperson Manos stated that she would have liked to hear more of the report and questions from the public. Alderperson Sams stated that the Attorney General would investigate the Mayor’s involvement in this issue. She further responded to comments made regarding the need for increased public information. Alderperson Farrell stated that she is sorry for the pain and frustration caused by this issue, and that Council needs to act honestly, and start individually. Alderperson Blumenthal responded to comments made regarding the need for public information on this issue. Alderperson Vaughan responded to comments made regarding the disappointment in the community over Council’s inability to share specifics about the report. Due to legal constraints, information cannot be shared. It’s important for everyone to understand that Council has to use this report to examine this incident. Mayor Cohen responded to comments made regarding racism in the community. He stated that City elected officials are committed to working on racism issues. RECESS: Common Council recessed at 9:50 p.m. RECONVENE: Common Council Reconvened into Regular Session at 10:20 p.m. 16. CONSENT AGENDA ITEMS: 16.1 Building Department – Request to Amend Authorized Personnel Roster By Alderperson Shenk: Seconded by Alderperson Marcham WHEREAS, the Building Department has an open Typist position and has been having difficulty filling the position, and WHEREAS, the Department has determined that a Clerk position would better meet the needs of the department; now, therefore, be it RESOLVED, That Common Council hereby amends the Building Department’s Authorized Personnel Roster as follows: Add: One (1) Clerk Position Delete: One (1) Typist Position August 4, 1999 6 and, be it further RESOLVED, That funds for said Personnel Roster amendment will be derived from the existing 1999 Building Department Budget. Carried Unanimously 16.2 Police Department – Request to Transfer Funds for City Court HVAC Y2K Upgrade By Alderperson Shenk: Seconded by Alderperson Marcham WHEREAS, the City Court HVAC system is currently not Year 2000 compliant, and WHEREAS, an estimate of $1,312 has been established to make the Court Facility’s HVAC system Year 2000 compliant through the acquisition of a software chip upgrade kit; now, therefore, be it RESOLVED, That an amount not to exceed $1,312 be transferred from Account A1990 Restricted Contingency to A3120-5225-5015 Other Equipment for the purposes of said Y2K Upgrade. Carried Unanimously 16.3 Police Department – Request to Accept Canine Grant By Alderperson Shenk: Seconded by Alderperson Marcham WHEREAS, the Ithaca Police Department has been notified that it has been approved for a $50,000 grant from a private foundation for the establishment of a canine team, and WHEREAS, the funds would allow for the expansion of the current canine program by the acquisition of two additional animals, training and outfitting of officers, purchasing and outfitting vehicles and associated start-up costs, and WHEREAS, the current canine program has been very successful, but the need for additional animals during all tours of duty is increasing; now, therefore, be it RESOLVED, That Common Council hereby accepts the $50,000 grant to expand the City’s current canine program and establish a canine team, and be it further RESOLVED, That Common Council hereby authorizes the Controller’s Office to make all necessary budget amendments related to said grant. Carried Unanimously 16.4 Finance/Controller – Request to Approve Civil Service Agreement for the Year 2000 By Alderperson Shenk: Seconded by Alderperson Marcham RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance of services by the City in connection with Civil Service matters for the period July 1, 1999 to June 30, 2000, in the amount of $35,633.00, payable to the City of Ithaca on or before November 1, 1999. Carried Unanimously NEW BUSINESS: Attorney General Investigation Into the Tompkins County Human Rights Commission Report - Resolution: By Alderperson Sams: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca has received a report which was requested from the Tompkins County Human Rights Commission by Common Council in regards to the allegation of discrimination and selective enforcement made on the Building Department and the Building Commissioner, August 4, 1999 7 WHEREAS, this report has led us to believe that there are more questions to asked and more information gathering is needed to find out everyone’s role in the closing the J.C. Knight Barbershop, WHEREAS, we believe that there is a need for an independent investigation into additional questions which were not addressed in this report, now therefore be it RESOLVED, That Common Council send a redacted copy of the report to Mr. Dennis McQuade at the Binghamton Attorney General’s office, only removing names and identifying features but leaving enough information for the Attorney General to make a determination, and, be it further RESOLVED, That Mr. McQuade be asked to attend the next Community Issues Committee meeting of Common Council to set forth what questions and criteria needs to be set up and what further investigation needs to take place. Carried Unanimously REGULAR AGENDA ITEMS: 17. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 17.1 An Ordinance Amending Sections 325-5, of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code, regarding changes in certain areas of existing zoning designations from M-1 (Marine Commercial District) and B-4 (Business) as applicable to Waterfront Zoning District (WF-1)-- Call for Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Farrell RESOLVED, That Ordinance No. 99-___ entitled “AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325 ENTITLED ‘ZONING’ TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA AND TO ESTABLISH APPROPRIATE DISTRICT REGULATIONS”, regarding Changes in certain areas of existing zoning designations from M-1 (Marine Commercial District) and B-4 (Business) as applicable to Waterfront Zoning District (WF-1), is hereby introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, at 7:00 p.m. on Wednesday, September 1, 1999, and be it further RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least fifteen (15) days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered shall be as follows: ORDINANCE NO. 99- ____ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF ITHACA, CHAPTER 325, ENTITLED “ZONING” TO CHANGE THE ZONING DESIGNATION OF CERTAIN AREAS OF THE CITY OF ITHACA AND TO ESTABLISH APPROPRIATE DISTRICT REGULATIONS. August 4, 1999 8 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca be amended to create a new zoning district to be known as the Waterfront Zoning District (WF –1). Section 1. Declaration of Legislative Findings and Purpose The Common Council finds that this Ordinance: 1. Will help to create greater public access to the waterfront. 2. Will guide development in this area of the City for the purpose of creating a unique waterfront experience. Allows the City to enhance the value of waterfront property in this area of the City. Allows the City to create an area on the water having multi-story buildings intended for mixed use to create a dense urban environment. 1. Will protect and enhance views of the waterfront and surrounding areas for public enjoyment. Section 2. Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to change the zoning designation of the following areas from M-1 (Marine Commercial District) and B-4 (Business) as applicable to Waterfront Zoning District (WF-1), portions of which are shown on attached map. Section 3. Section 325-8 of the Municipal Code of the City of Ithaca is hereby amended as follows to establish district regulations for the new WF-1 district as follows: Permitted Primary Uses 1. Any use permitted in B-2. 2. Parking Lot. 3. Recreational or cultural facility such as a park, playground, art museum, fishing pier or yacht club. 4. Public Recreation. 5. Boatel. 6. Sale, rental, repair or storage of marine related recreation equipment such as boats, marine engines, sails, cabin equipment. 7. Light manufacture of marine recreation related products involving substantial hand fabrication such as sails, boat hulls, cabin fittings. Permitted Accessory Uses 1. Home occupation. 2. Boat fuel dispensing. 3. Snowmobile sales, service, rental in conjunction with boat sales, rental or service. 4. Signs as permitted by Sign Ordinance. Off-Street Parking Requirements – None Off-Street Loading Requirements – None Area in Square Feet – 3,000 Width in Feet at Street Line – 30 Width in Feet at Waterfront – 30 Maximum Building Heights: Waterfront – WF1a, no building allowed. Waterfront –WF1b, one story, 12 - 15 feet with an additional 5 feet for cornice allowed. August 4, 1999 9 Waterfront – WF1c, minimum two stories maximum 3 stories. 12 – 15 feet for first story measured from grade, 12 feet for each additional story, with an additional 5 feet for cornice allowed. Waterfront – WF1d, minimum three stories, maximum 5 stories, 12 – 15 feet for first story measured from grade, 12 feet for each additional story, with an additional 5 feet for cornice allowed. Any building constructed within the WF1c District, shall have a height of at least 24 feet and have two habitable stories covering 50% or more of the footprint of the building. Any building constructed within the WF1d District, shall have a height of at least 36 feet and have three habitable stories covering 50% or more of the footprint of the building. As an alternative within this zone, a building may satisfy the minimum height requirement if 50% of its footprint is at least 35 feet in height and has two or more habitable stories. Maximum percent lot coverage by buildings 1. On parcels of fifty (50) feet or less in width, 100% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors. 2. On parcels with three or more boundaries greater than fifty (50) feet, 90% lot coverage allowed except as may be required for provision of pedestrian ways and protection of view corridors. Yard Dimensions Front Yard – None Side Yards – None Rear Yard – 10 Feet Minimum Minimum Height WF1a – 0 feet WF1b – 12 feet WF1c – 24 feet WF1d – 35 feet Section 4. Chapter 325, Section 325-16 of the Municipal Code of the City of Ithaca entitled “Height Regulations” is hereby amended to add a new subsection to be know as to read as follows: “Notwithstanding anything to the contrary contained herein, in the WF-1 district: (1) No building shall be erected in any of the areas designated WF1a on the map entitled “Inlet Island Urban Design Plan” dated July 1999 a copy of which map is on file in the Ithaca City Clerk’s Office. (2) No building shall be erected that is less than two stories or greater than three stories in any of the areas designated WF1b on the map entitled “Inlet Island Urban Design Plan” dated July, 1998, a copy of which is on file in the Ithaca City Clerk’s Office. (3) No building shall be erected that is less than three stories or greater than five stories in any of the areas designated WF1c on the map entitled “Inlet Island Urban Design Plan”, dated July, 1999 a copy of which is on file in the Ithaca City Clerk’s Office. (4) The restrictions contained in this section shall not apply to buildings less than 15 feet (maximum) in height, which are intended, designed and maintained as amenities for adjacent trails such as gazebos and rest rooms. (5) The restrictions contained in this section shall not apply to existing buildings within the designated areas. Such existing buildings may be maintained and repaired provided their height and footprint are not altered so as to make the buildings non-compliant with the restrictions of this subdivision. August 4, 1999 10 Section 6. Chapter 325, Section 325-20 of the Municipal Code of the City of Ithaca entitled “Off-Street Parking” is hereby amended to add a new subsection to be known as subdivision (A) (4) (c) to read as follows: “(1) Notwithstanding anything contained herein to the contrary, there will be no off-street parking requirements in the WF-1 district. Section 7. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 8. Effective date. This ordinance shall take affect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 17.2 Site Development Plan Review Ordinance Revisions – Report Alderperson Blumenthal reported that a sub-committee consisting of members of the planning Committee, Planning Board members, the Planning Director, City Attorney, and Building Commissioner has been meeting to discuss future revisions to the Site Plan Review Ordinance. The revised ordinance would have new applicability thresholds which would stipulate that virtually all construction, with the exception of single family houses and duplexes, would be subject to site plan review. There are new definitions of projects being proposed that would be subject to that process that would eliminate ambiguities that the Planning Board has faced in the past. 17.3(A) An Ordinance Amending Chapter 276, Section 276-2 entitled “Site Development Plan Review” of the City of Ithaca Municipal Code, regarding Site Development Plan Review, Applicability – Declaration of No Significant Environmental Effect – Resolution By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, an Ordinance amending sections 276, Section 276-2 "Site Development Plan Review" of the City of Ithaca Municipal Code, regarding Site Development Plan Review, Applicability has been submitted to Common Council for consideration, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, the proposed action is an "unlisted" action under the State Environmental Quality Review Act, and under the City Environmental Quality Review Ordinance, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby does adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated July 30, 1999 and be it further RESOLVED, That this Common Council, as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this resolution shall constitute notice of this negative declaration, and the City Clerk be, and hereby is, directed to file a copy of the same, together with the attachment, in the City Clerk's Office and forward the same to any other parties as required by law. Carried Unanimously August 4, 1999 11 17.3 (B) An Ordinance Amending Chapter 276, Section 276-2 entitled “Site Development Plan Review” of the City of Ithaca Municipal Code Regarding Site Development Plan Review By Alderperson Blumenthal: Seconded by Alderperson Vaughan ORDINANCE NO. 99 - _______ NOW BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 276-2. Applicability, Subsection A. is amended as follows: (amended wording underlined) § 276-2. Applicability. A. Except as noted in Subsection B, all development which requires a building permit, including additions and expansions of existing development, redevelopment of existing uses, modifications to previously approved site plans or any other activity which alters the physical characteristics or use of property within the City of Ithaca, shall be subject to site development plan review. For any activity that is subject to site development plan review, no physical changes may be made to a site until the process of site development plan review has been completed and an approved site plan has been authorized. Not withstanding anything to the contrary in 276-2.B. below, any activity requiring a building permit and in which the total affected site area exceeds 5,000 square feet shall be subject to site plan review. Carried Unanimously 17.4 Collegetown Residential Moratorium – Call for Public Hearing 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 Vaughan 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, September 1, 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. Amending Resolution: By Alderperson Blumenthal: Seconded by Alderperson Marcham RESOLVED, That the word “unrelated” be removed from the proposed Local Law where it refers to more than three (3) unrelated adults. Ayes (4) Marcham, Vaughan, Blumenthal, Farrell Nays (4) Sams, Manos, Taylor, Shenk Failed August 4, 1999 12 Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Vaughan RESOLVED, That the date for filing applications for building permits or variances be changed to July 2nd rather than July 5th as it is a legal holiday. Ayes (6) Taylor, Marcham, Vaughan, Blumenthal, Sams, Farrell Nays (2) Shenk, Manos Carried The Local Law to be considered is as follows: LOCAL LAW NO. -1999 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 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 August 4, 1999 13 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 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 August 4, 1999 14 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. Section 7. Exemptions. (A) Applications for building permits or variances which were filed on or before July 2, 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. 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. Effective Date. 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. 17.5 West End Urban Design Plan - Report Alderperson Blumenthal reported on the issues that are being considered during the development of the West End Urban Design Plan. She stated that clarification are still needed about building heights, and the separation of the commercial and residential August 4, 1999 15 areas east of Meadow Street. Another meeting of the Client Committee is being called to review the proposed revisions, and comments are due back to the Planning Committee by August 18, 1999 so that the Committee can consider it and forward it on for Council adoption. 17.6 Approval of EQBA Application for Cayuga Inlet Trail By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, the City of Ithaca is applying to the New York State Office of Parks, Recreation and Historic Preservation for a grant under the Environmental Protection Fund and/or Clean Water/Clean Air Bond Act for a design study for the expansion of the Cayuga Inlet Trial, as proposed in the 1997 Tompkins County Waterfront Plan, to be located in the City of Ithaca. The multi-use trail is proposed to be 5.5 miles from the Visitor’s Center on East Shore Drive, along the City’s waterfront areas to Cass Park, all located within the territorial jurisdiction of this Common Council, and WHEREAS, as a requirement of the rules of these programs, said proposed Cayuga Inlet Trail Design Study must obtain the “approval/endorsement of the governing body of the municipality in which the project will be located”; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby does approve and endorse the application of the City of Ithaca for a grant of $15,000 under the Environmental Protection Fund and/or Clean Water/Clean Air Bond Act for a design study of the Cayuga Inlet Trail, the major portion of which is located within the City of Ithaca. Carried Unanimously 19. BUDGET AND ADMINISTRATION COMMITTEE: 19.1 Common Council – Request to Amend City Hall First Floor Renovation Project By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, Common Council in April 1999 combined several previously existing capital projects to establish a new Capital Project for Reconstruction of City Hall, at the cost of $500,000, and WHEREAS, the architect for the project, Downing, Barradas & Magre, has prepared a schematic design report with various alternatives for renovations to the electrical system throughout the building, mechanical system improvements and reconstruction of the first floor of City Hall, and WHEREAS, the City Hall Renovations Client Committee and the Budget and Administration Committee have agreed upon preferred design alternatives for first floor reconstruction (Scheme 1) and for electrical system renovations throughout the building, and WHEREAS, the proposal includes improvements in the first floor mechanical systems not included in the original project authorization of $500,000; now; therefore, be it RESOLVED, That Capital Project #381 for Reconstruction of City Hall be hereby amended by $120,000, for a revised maximum project cost of $620,000, and be it further RESOLVED, That the architect be authorized to proceed with the next stage of project design, and be it further RESOLVED, That the additional financing for said project be derived from the issuance of serial bonds. Carried Unanimously August 4, 1999 16 19.2 Human Resources – Request to Amend Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the Human Resources Department is making the transition from a Personnel Department to a Human Resources Department which has broader demands and increased expectations, and WHEREAS, in order to assist in meeting the goals of the Human Resources Department the Senior Typist position, held by Ronde Whitaker, required a job reclassification; now, therefore, be it RESOLVED, That the Human Resources department personnel roster be amended to: Add: One (1) Human Resources Clerk Delete: One (1) Senior Typist and, be it further RESOLVED, That the Human Resources Clerk be a confidential position, and be it further RESOLVED, That the 1999 annual salary for Ronde Whitaker be $18,058, and be it further RESOLVED, That the salary of $18,058 be paid retroactively to June 15, 1999 and funds necessary for said amendment will be derived from the existing 1999 Human Resources Budget. Carried Unanimously 19.3 DPW-Water & Sewer – Approval of Bond Application By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the City of Ithaca herein called the “Municipality”, after thorough consideration of the various aspects relating to wastewater treatment and study of available data, has hereby determined that certain work, as described in its application and attachments, herein called the “Project” is desirable, is in the public interest, and is required in order to implement the Project; and WHEREAS, Article 56 of the Environmental Conservation Law authorizes State assistance to municipalities for water quality improvement projects by means of a contract and the Municipality deems it to be in the public interest and benefit under this law to enter into a contract therewith; now, therefore, be it RESOLVED, By the Common Council of the City of Ithaca that 1. The City Controller is the representative authorized to act in behalf of the Municipality’s governing body in all matters related to State assistance under ECL Article 56, Title 3. The representative is also authorized to make application, execute the State Assistance Contract, submit Project documentation, and otherwise act for the Municipality’s governing body in all matters related to the Project and to State assistance; 2. That the Municipality agrees that it will fund its portion of the cost of the Project and that funds will be available to initiate the Project’s field work within twelve (12) months of written approval of its application by the Department of Environmental Conservation; 3. That one (1) certified copy of this Resolution be prepared and sent to the Albany office of the New York State Department of Environmental Conservation together with the Application of State Assistance Payments; August 4, 1999 17 4. That this Resolution take effect immediately. Extensive Discussion followed on the floor regarding the Environmental Impact Study, and the location and expansion of service areas. Mayor Cohen stated that a Special meeting would be called for Friday, August 6, 1999 at 4:30 p.m. for further discussion on this issue, and to give Council time to review the written materials and narratives submitted with this application. Motion to Table By Alderperson Vaughan: Seconded by Alderperson Shenk RESOLVED, That this item be tabled pending further discussion at a special meeting to be held on August 6, 1999 at 4:30 p.m. Carried Unanimously 19.4 Planning Department – Authorize Mayor to Sign Traffic Calming Consultant Agreement By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the City has been awarded grants from New York State Department of Transportation’s Multi-Modal Program to undertake pilot traffic calming projects, and WHEREAS, earlier this summer the City issued a Request for Proposals from firms with traffic engineering/planning expertise to assist with planning and implementation of traffic calming measures, and WHEREAS, the City received a detailed proposal from Fehr and Peers Associates which includes the services of Reid Ewing and includes SRF Associates as a subcontractor, and WHEREAS, the proposal includes establishment of priority rating criteria, standards and warrants for traffic calming devices, a process for neighborhood participation and a post construction evaluation process and addresses concerns about impacts to emergency vehicle response times, and WHEREAS, a committee consisting of representatives from Common Council, the Board of Public Works, Ithaca Tompkins County Transportation Council, the Department of Public Works, the Planning Department, the Police and Fire Departments and the Bicycle and Pedestrian Advisory Committee has reviewed and generally approved of the proposal, and WHEREAS, subsequent discussion with Fehr and Peers has satisfactorily resolved outstanding issues raised by the committee; now, therefore, be it RESOLVED, That the Common Council hereby authorizes the establishment of Capital Project #385 – Citywide Traffic Calming for an amount not to exceed $61,475 and, be it further RESOLVED, That funding shall be advanced by the General Fund and shall be reimbursed by the New York State Department of Transportation’s Multi-Modal Program, and, be it further RESOLVED, That the Mayor is hereby authorized and directed to enter into a contract with Fehr and Peers Associates for an amount not to exceed $61,475. Carried Unanimously 19.5 DPW – Request to Amend Authorized Personnel Roster By Alderperson Marcham: Seconded by Alderperson Farrell WHEREAS, TCAT has made significant route and service improvements to the area’s bus service in recent months, and August 4, 1999 18 WHEREAS, these changes will be implemented on August 22, 1999 to be sure of implementation of service prior to area students’ arrival in Ithaca, and WHEREAS, these service improvements will include: new Sunday bus service; improved Fall Creek area service to The Commons and Cornell; additional service to Ithaca High School and Boynton Middle School, and WHEREAS, these service improvements will require the City to add two full-time bus operator positions to the roster, and WHEREAS, the cost of the two additional drivers to the partners for 1999 shall be $26,964, but will be offset by additional State Transportation Operating Assistance (STOA) revenue received from the increase of passenger miles; now, therefore, be it RESOLVED, That Common Council supports the TCAT bus service improvements as proposed, and be it further RESOLVED, That Common Council hereby approves the following amendment to the DPW’s Authorized Personnel Roster: Add: Two (2) F/T Bus Driver Positions Alderperson Sams stated that she can’t support this Resolution because of the loss of bus service on Floral Avenue. A vote on the Resolution resulted as follows: Ayes (7) Shenk, Blumenthal, Marcham, Manos, Farrell, Vaughan, Taylor Nays (1) Sams Carried 19.6 Fire Department – Request Funds for Emergency Management Expenses – Possible Resolution Fire Chief Wilbur reported that work on this project is in progress, and that the Fire Department is looking for existing funds within Capital Projects. He stated that no action is required at this meeting. 19. 7 Fire Department – Approval for Guidance on the Proposed Sale of Fire Station #7 By Alderperson Marcham: Seconded by Alderperson Blumenthal WHEREAS, the Fire Department is and has been suffering from a shortage of both program and storage space, and WHEREAS, there are currently many unmet demands for additional space, and there exists the probability that expansion of existing programs or addition of new programs will add more demands to the need for space, and WHEREAS, an unfunded capital project request for design development funds from the 1998 capital improvement cycle has been resubmitted in the 1999 cycle and consolidated with a project to expand and renovate Central Fire Station to provide a more permanent solution to the space needs that exist, timed to integrate with the West State Street Corridor redevelopment initiative, and WHEREAS, the Board of Fire Commissioners has endorsed a list of projects with an estimated total cost of $80,000 to utilize proceeds from the sale of Fire Station #7 to help address short-term space and utilization improvements at Central Fire Station, now therefore be it August 4, 1999 19 RESOLVED, That Common Council hereby requests that the Fire Department seek assistance from the Planning Department and the Controller’s Office regarding the proposed sale of Fire Station #7 and report back to Council on the sale process and potential proceeds. Carried Unanimously 19.8 Common Council – Support of Revisions to New York State Property Tax Law to Define Tax-exempt Status of Tax-exempt Institutions By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, educational and other not-for-profit institutions in New York State have long enjoyed protection from real property taxes for activities related to their mission, and WHEREAS, taxable property owners in New York State have been forced to pay increased rates in order to subsidize local government services provided to tax-exempt property owners, and WHEREAS, in recent years some tax-exempt entities have undertaken new and expanding activities, including housing, retail stores, restaurants and fitness centers, which operate virtually like private sector businesses but without the corresponding tax burden, and WHEREAS, these tax-exempt businesses, by virtue of the exemption from property taxes, may hold an unfair competitive advantage over nearby private businesses, and WHEREAS, local governments are greatly affected by the loss of property tax revenues from these tax-exempt businesses, even while these businesses may increase the demand for municipal and school services; now, therefore, be it RESOLVED, On recommendation of the City of Ithaca Common Council, that the State of New York should move promptly to amend New York State Real Property Tax Law in order to define with clarity which business activities of tax-exempt institutions fairly and properly qualify for tax-exempt status, and, be it further RESOLVED, That local governments and school districts in New York State should have the ability to tax all business activities within their jurisdictions to the maximum extent allowed by law. Carried Unanimously 19.9 Common Council – Approve Extension of Y2K Technician Contract By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the City’s contract with Robert Camacho, the workstation configuration, upgrade and replacement technician, is due to expire August 31, 1999, and WHEREAS, the City has determined that the contract work will continue to November 30, 1999; now, therefore, be it RESOLVED, That Common Council hereby extends the City’s contract with Robert Camacho until November 30, 1999 from its amended termination date of August 31, 1999, and be it further RESOLVED, That the funds necessary for said contract extension shall be derived from existing funds in Capital Project #370. Carried Unanimously August 4, 1999 20 19.10 Finance/Controller – A Local Law Electing A Retirement Incentive Program By Alderperson Marcham: Seconded by Alderperson Manos Local Law No. __ of the Year 1999 City of Ithaca A LOCAL LAW electing a retirement incentive program as authorized by Chapter 70, Laws of 1999 for the eligible employees of the City of Ithaca. BE IT ENACTED by the Common Council of the City of Ithaca, as follows: Section 1. The City of Ithaca hereby elects to provide all of its eligible employees with a retirement incentive program authorized by Chapter 70, Laws of 1999. Section 2. The commencement date of the retirement incentive program shall be October 1, 1999. Section 3. The open period during which eligible employees may retire and receive the additional retirement benefit shall be ninety (90) days in length. Section 4. The actuarial present value of the additional retirement benefits payable pursuant to the provisions of this local law shall be paid as one lump sum, or in five annual installments. The amount of the annual payment shall be determined by the Actuary of the New York State and Local Employees’ Retirement System, and it shall be paid by the City of Ithaca for each employee who receives the retirement benefits payable under this local law. Section 5. This act shall take effect upon filing with the Secretary of State on or before September 3, 1999. Carried Unanimously 19.11City Prosecutor – Request Funds for Budget Amendment By Alderperson Marcham: Seconded by Alderperson Vaughan WHEREAS, the City Prosecutor’s Office has reviewed their 1999 Budget and has determined that additional funds are needed to cover expenses through December 31, 1999, and WHEREAS, the City Prosecutor has estimated that an additional $2,771 is needed to cover expenses in various accounts in combination with transfers from other existing accounts, and WHEREAS, the increased expenses are related to staffing increases and program changes; now, therefore, be it RESOLVED, That Common Council hereby authorizes an amount not to exceed $2,771 be transferred from Account A1990 Unrestricted Contingency to the following accounts for said budget amendment: A1110-5405 $ 600 A1110-5425 $2,171 and, be it further RESOLVED, That Common Council hereby authorizes the Controller’s Office to make necessary budget transfers within the existing 1999 City Prosecutor’s Budget to cover expenses in other Prosecutor accounts. Carried Unanimously August 4, 1999 21 19.12 Next Budget & Administration Committee Meeting-Report Alderperson Marcham reported that the next B & A meeting would be held Tuesday, August 24, 1999. She further stated that she would confirm the October budget hearing dates tomorrow as she has not heard any objections. 19.13 West State Street Improvement Project- Discussion & Possible Resolution This Item was deferred to the Special meeting on August 6, 1999. 21. NEW BUSINESS: 21.1 Maxie’s Supper Club Alcohol Permit Request By Alderperson Sams: Seconded by Alderperson Farrell WHEREAS, Maxie’s Supper Club, 635 West State Street, has requested an outdoor dining permit with permission for the sale and consumption of alcohol, and WHEREAS, this use of public property has generally been deemed proper and successful, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on public property, and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at Maxie’s Supper Club, including the responsible sale and consumption of alcohol, is desirable, and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 1999, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for Maxie’s Supper Club that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $500,000.00 and the approval of an outdoor dining permit. Carried Unanimously 21.2 Support of Proposal from Town of Ithaca for the Fire Protection Contract – Resolution: This item is being deferred to the Special meeting on August 6, 1999. 21.3 Human Resources Committee – Request Authorization to Hire Compensation Consultant By Alderperson Shenk: Seconded by Alderperson Vaughan WHEREAS, the City of Ithaca wishes to develop an objective and equitable system for creating and maintaining a valid defensible management compensation plan, and WHEREAS, the Human Resources Committee appointed a Management Compensation Sub-committee to solicit and review proposals from qualified consultants interested in conducting a managerial compensation study designed to meet these objectives, and WHEREAS, the Management Compensation Subcommittee has recommended hiring Total Compensation Services, Inc. for the purpose of conducting a managerial compensation study; now therefore be it RESOLVED, That Common Council authorizes the hiring of Total Compensation Services, Inc., at a contract cost not to exceed $24,500, and be it further August 4, 1999 22 RESOLVED, That the funding for the contract shall be derived from the transfer of $8,578 from Restricted Contingency, originally allocated for salary adjustments and related employee benefits, and $15,922 currently encumbered in the Police Department Budget for training consulting services. Ayes (7) Manos, Blumenthal, Shenk, Sams, Taylor, Farrell, Vaughan Nays (1) Marcham Carried 21.4 Executive Session to Discuss the Employment History of an Individual By Alderperson Vaughan: Seconded by Alderperson Manos RESOLVED, That Common Council adjourn into Executive Session to Discuss the Employment History of an Individual. Carried Unanimously REGULAR SESSION Common Council reconvened into Regular Session with no action being taken. RECESS On a Motion Common Council recessed this meeting at 12:20 a.m. The meeting will reconvene on Friday, August 6, 1999 at 4:30 p.m. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor