HomeMy WebLinkAboutMN-CC-1999-08-04
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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
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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.
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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
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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