HomeMy WebLinkAboutMN-CC-2000-04-05
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 5, 2000
PRESENT:
Mayor Cohen
Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos,
Farrell, Vaughan, Spielholz, Taylor, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Controller – Cafferillo
Deputy Controller – Thayer
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
City Chamberlain – Parsons
Assistant Fire Chief – Wheaton
Community Development Planner – Bohn
Acting Building Commissioner – Radke
Assistant Supt. Streets & Facilities – Ferrel
Police Chief – Basile
Economic Development Director – McDonald
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American flag.
MINUTES:
By Alderperson Manos: Alderperson Pryor
RESOLVED, That the minutes of the August 16, 1999, January 1, 2000, January 5,
2000, February 2, 2000, February 23, 2000, March 1, 2000 Common Council meetings
be approved as published.
Carried Unanimously
PROCLAMATIONS:
Mayor Cohen proclaimed April, 2000 as Child Abuse Prevention and Sexual Assault
Awareness Month.
ADDITIONS OR DELETIONS FROM AGENDA
Neighborhood and Community Issues Committee
Alderperson Taylor requested that Item 20.1 – Endorsement of Million Mom March -
Resolution be added to the Consent Agenda as Item 16.11.
No Council member objected.
Human Resources Committee
Alderperson Manos requested that Item 16.10 – Building Department/Request to
Amend Personnel Roster – Resolution be removed from the Consent Agenda and
become Item 18.6 under the Human Resources Committee.
Alderperson Manos further requested the addition of Item 18.7 – DPW/Request for
Reduction in Hours – Resolution.
No Council member objected.
Budget and Administration Committee
Alderperson Vaughan requested the deletion of Item 19.4 Common Council – Taxi Fare
Temporary Surcharge – Possible Resolution.
April 5, 2000
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No Council member objected.
Planning and Economic Development Committee
Alderperson Blumenthal requested the deletion of Items 17.2 Transfer of Parcel 100.-2-
1 (Cherry Street II) Determination of Environmental Significance – Resolution; and Item
17.3 Conveyance of Parcel 100.-2-1 (Cherry Street II) to the Ithaca Urban Renewal
Agency (IURA) for Future Development and Leasing – Resolution.
Alderperson Blumenthal further requested the addition of Item 17.8 – Multi-Modal
Funding Application – Resolution.
No Council member objected.
NEW BUSINESS:
Mayor Cohen announced that he will call a Special Common Council meeting for next
week to discuss the Cherry Street Industrial Park parcel conveyance, Common Council
liaisons appointments, and the Draft Resolution regarding State Revenue Sharing.
Mayor Cohen further requested the addition of the following items:
21.1 Code of Conduct Gun Manufacturers - Report
21.2 County Assessment of Agricultural Lands - Report
21.3 Municipal Revenue Sharing – Resolution
21.4 Possible Motion to Enter into Executive Session Concerning a Matter of Litigation –
Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider an Ordinance Amending
Sections 325-21(3)B(2)(b),325-23B(2)(c), 325-23B(2)(d), 325-23B(2)(e), and 325-
23B(3) of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to
Provide for Graffiti Removal
Motion to Open Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Taylor
RESOLVED, That the public hearing to consider an Ordinance Amending Section 325-
21(3)B(2)(b), 325-23(B)(2) (c), 325-23B(2)(d), 325-23B(2)(e), and 325-23B(3) of
Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti
Removal be declared open.
Carried Unanimously
No one appeared to address Common Council.
Motion to Close Public Hearing
By Alderperson Taylor: Seconded by Alderperson Hershey
RESOLVED, That the public hearing to consider an Ordinance Amending Section 325-
21(3)B(2)(b), 325-23(B)(2) (c), 325-23B(2)(d), 325-23B(2)(e), and 325-23B(3) of
Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code to Provide for Graffiti
Removal be declared closed.
Carried Unanimously
4.2 A Public Hearing to Consider the Conveyance of Parcel 100-2-1 (Cherry
Street II) to the Ithaca Urban Renewal Agency (IURA) for Future Development and
Leasing
Motion to Open Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to Consider the Conveyance of
Parcel 100-2-1 (Cherry Street II) to the Ithaca Urban Renewal Agency (IURA) for Future
Development and Leasing be declared open.
Carried Unanimously
April 5, 2000
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No one appeared to address Common Council.
Motion to Close Public Hearing
By Alderperson Pryor: Seconded by Alderperson Taylor
RESOLVED, That the Public Hearing to Consider the Conveyance of
Parcel 100-2-1 (Cherry Street II) to the Ithaca Urban Renewal Agency (IURA) for Future
Development and Leasing be declared closed.
Carried Unanimously
4.3 A Public Hearing to Consider the FY 2000 Small Cities Community
Development Block Grant Application
Motion to Open Public Hearing
By Alderperson Vaughan: Seconded by Alderperson Hershey
RESOLVED, That the Public Hearing to Consider the FY 2000 Small
Cities Community Development Block Grant Application be declared open.
Carried Unanimously
No one appeared to address Common Council.
Motion to Close Public Hearing
By Alderperson Farrell: Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing to Consider the FY 2000 Small
Cities Community Development Block Grant Application be declared closed.
Carried Unanimously
4.4 Designation of Marriage Officer – Resolution
By Alderperson Farrell: Seconded by Alderperson Spielholz
RESOLVED, That Betty Friedlander be designated as a Marriage Officer in the City of
Ithaca with a term to expire January 3, 2001.
Carried Unanimously
4.5 Designation of 2000 City of Ithaca Polling Locations
By Alderperson Glasstetter: Seconded by Alderperson Manos
RESOLVED, That the following locations be designated as City of Ithaca polling
locations for the year 2000:
FIRST WARD
1st District Alternative Community School Chestnut Street
2nd District Alternative Community School Chestnut Street
3rd District Titus Towers I 800 S. Plain St
4th District South Hill School 520 Hudson St
5th District South Hill School 520 Hudson St
SECOND WARD
1st District GIAC 300 W. Court St
2nd District GIAC 300 W. Court St
3rd District Central Fire Station 310 W. Green St
4th District Central Fire Station 310 W. Green St
THIRD WARD
1st District Robert Purcell Union Jessup Road
2nd District Belle Sherman Annex Cornell St
3rd District Belle Sherman Annex Cornell St
FOURTH WARD
1st District Class of '22 Hall 659 Stewart Ave
2nd District #9 Fire Station 309 College Ave
3rd District #9 Fire Station 309 College Ave
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FIFTH WARD
1st District Fall Creek School 202 King St
2nd District Fall Creek School 202 King St
3rd District Robert Purcell Union Jessup Rd
4th District Fall Creek School 202 King St
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Ken Hallett, City of Ithaca - Postering Ordinance
Audrey Cooper, City of Ithaca – Safe Night 2000
Nicole Ripa - Safe Night 2000
Kathie Karakantos - Safe Night 2000
Brian Carman, DPW - Managerial Compensation Plan/ pay equity report
Leslyn McBean, City of Ithaca - Safe Night 2000 / Juneteenth celebration
Jamie Grady, Managing Director of the Hanger Theater - Hanger Theatre’s
computerized box office system.
Tom Stern, GIAC - Management Compensation Study
Joel Harlan, Town of Dryden - development issues
Tony Ingraham, Town of Ulysses, Widewaters DGEIS
Lance Freeman, grandson of City worker, raises for the workforce
Peter Schonbachler, city employee – livable wages for City employees
Fay Gougakis, City of Ithaca - local development issues
RESPONSE TO THE PUBLIC:
Alderpersons Manos, Spielholz, Sams, Pryor, Farrell, Hershey and Mayor Cohen
responded to comments made about the Managerial Compensation Plan.
Alderperson Hershey further responded to comments made about local development
and the Widewaters site DGEIS.
COMMUNICATIONS FROM THE MAYOR:
Mack Travis, President of the Ithaca Downtown Partnership Board and Gary Ferguson –
Ithaca Downtown Partnership presented the 2010 Downtown Development Strategy
Plan and answered questions from Council members.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Spielholz reported on the status of the 2000 census and encouraged
everyone to complete and submit their census forms.
CONSENT AGENDA ITEMS:
21.3 Approval of Simeon’s Alcohol Permit for Outdoor Dining
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon’s Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining, and
WHEREAS, it is Common Council’s responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Ithaca Commons, and
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WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon’s Restaurant, 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 sale and consumption of alcohol should be covered by a
minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore, be it
RESOLVED, for the period April 6 – November 30, 2000, Common Council hereby
approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption
of alcohol for Simeon’s Restaurant 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
21.4 Approval of Viva Taqueria’s Alcohol Permit for Outdoor
Dining
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria Restaurant
allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining,
and
WHEREAS, this use of public property has generally been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council’s responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria Restaurant, 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 sale and consumption of alcohol should be covered by a
minimum of $500,000.00 insurance under the Dram Shop Act; now, therefore, be it
RESOLVED, for the period April 6 – November 30, 2000, Common Council hereby
approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption
of alcohol for the Viva Taqueria Restaurant 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
21.5 Chamberlain – Request to Extend the Tax Warrant
By Alderperson Farrell: Seconded by Alderperson Vaughan
RESOLVED, That the City Chamberlain be authorized to request the County of
Tompkins to extend its warrant for collection of the 2000 taxes until May 31, 2000.
Carried Unanimously
21.6 Youth Bureau – Request to Amend 2000 Youth Bureau
Youth Development Budget
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, the Ithaca Youth Bureau has been advised by Tompkins County that it will
be receiving $2,611 in funds to assist the Youth Bureau’s Summer Municipal Jobs
Program, and
April 5, 2000
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WHEREAS, the additional funding will allow the Youth Employment Service to offer jobs
to several additional teens during the summer of 2000; now, therefore, be it
RESOLVED, That Common Council hereby amends the Youth Bureau’s 2000
authorized Youth Development Budget for said additional funds from Tompkins County
as follows:
Increase Revenue Account:
A7310-2350-1202 Youth Services Other Govts. $2,611.00
Increase Appropriation Accounts:
A7310-5120-1202 Hourly P/T $2,370.00
A7310-9030 Social Security/Medicare 182.00
A7310-9040 Workers’ Compensation 59.00
Carried Unanimously
21.7 Planning & Development - Filing of Decisions by the
Building Commissioner
By Alderperson Farrell: Seconded by Alderperson Vaughan
Whereas, Chapter 476 of the Laws of 1999 provides that the administrative officer
charged with the enforcement of the zoning local law (or ordinance) must file each
order, requirement, decision, interpretation or determination in his/her office within five
business days after the rendering thereof, and
Whereas, the Building Commissioner, pursuant to Section C-15 of the Ithaca City
Charter and Section 325-37(A) of the Code of the City of Ithaca, is the administrative
officer charged with the enforcement of the zoning laws and ordinances in the City of
Ithaca, and
Whereas, it is the objective of the Common Council to apprise the public and the
Building Commissioner charged with the enforcement of the zoning regulations to
clearly establish where such actions shall be filed; now, therefore, be it
RESOLVED, That the Building Commissioner is hereby directed to file each of his/her
orders, requirements, decisions, interpretations or determinations in his/her office within
five business days after the rendering thereof and such filings shall be a public record,
and, be it further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously
16.6 Request to Amend Youth Bureau Authorized Personnel Roster
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, the Youth Bureau has recently filled the vacant position of Senior Account
Clerk Typist with an individual who has skills and experiences above and beyond this
level, and
WHEREAS, the Youth Bureau has a need to have this individual assume responsibility
above the Senior Account Clerk Typist level; now, therefore, be it
RESOLVED, that Common Council hereby grants approval to the Youth Bureau to
amend the personnel roster as follows:
Add One (1) Principal Account Clerk
Delete One (1) Senior Account Clerk/Typist
April 5, 2000
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and, be it further
RESOLVED, that Council approves the following transfers of funds to cover the
upgrade:
Increase Salary-Staff A7310-5110-01400 by $4,631
Decrease Hourly P/T Seasonal
A7310-5120-01400 by $1,631
Decrease Overtime A7310-5125-01400 by $2,000
Decrease Contractual A7310-5110-01400 by $1,000
Carried Unanimously
16.7 DPW/W&S – Request to Amend Authorized Personnel Roster
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, DPW Water & Sewer has broad activities in capital improvements, force
account construction, preventative maintenance, and traditional service and emergency
repair, and
WHEREAS, these activities have greatly increased the complexity of office and fiscal
management over the past six years, and
WHEREAS, there are currently three Principal Account Clerk positions that share the
increased work load, and
WHEREAS, due to the additional responsibilities there is a need for a supervisor of the
entire financial business function; now, therefore, be it
RESOLVED, That the Principal Account Clerk Position held by Joanne Phillips be
upgraded to Administrative Assistant – Financial Management, and, be it further
RESOLVED, That the funds necessary for said amendment shall be derived from the
department’s existing 2000 Budget.
Carried Unanimously
16.8 DPW Request to Hire Above Minimum Salary
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, the Department of Public Works has recently completed interviews for the
vacancy of Automotive Mechanic Helper in the garage operation, and
WHEREAS, in order to hire the candidate with the necessary skills and experience a
more competitive wage is required, and
WHEREAS, the CSEA DPW unit contract provides for hiring at a rate above the
minimum in view of special circumstances or scarcity of qualified employees upon
approval by Common Council; now, therefore, be it
RESOLVED, that Common Council hereby grants approval to hire the Automotive
Mechanic Helper at a starting salary rate of $9.10, $0.48 above the contract rate.
Carried Unanimously
16.9 DPW – Streets & Facilities Request for Reduction in Hours
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, Carol Reeves was recently provisionally appointed as Principal Account
Clerk in the Streets & Facilities division, and
April 5, 2000
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WHEREAS, the Assistant Superintendent of Public Works was successful in retaining
Ms. Reeves on the terms of a 35 hour work week to meet her personal needs, and
WHEREAS, the position Principal Account Clerk is a roster 40 hour week position; now,
therefore, be it
RESOLVED, That Common Council approves the reduction of the 40 hour work week
of the Principal Account Clerk position held by Carol Reeves from 40 hours to 35 hours
per week.
Carried Unanimously
16.10 Building Department Request to Amend Personnel Roster
By Alderperson Farrell: Seconded by Alderperson Vaughan
WHEREAS, the Building department continues to be significantly understaffed and is
having difficulty keeping up with mandated housing inspections, and
WHEREAS, the Housing Inspection program is vital for protecting the safety of Ithaca’s
rental population, and
WHEREAS, Mr. Escobedo has completed the necessary code enforcement training
provided by the State of New York and possesses the skill and experience required by
the position of Housing Inspector, and
WHEREAS, Ray Escobedo was hired in 1997 as a Code Enforcement Officer in
anticipation of developing into a Housing Inspector, and
WHEREAS, it is the Building Departments intention to phase Ray Escobedo into
housing inspections while the temporary Code Enforcement Officer assumes more
responsibility; now, therefore, be it
RESOLVED, That Common Council hereby approves to the Building Department’s
request to amend the personnel roster as follows:
Add: One (1) Housing Inspector
and, be it further
RESOLVED, That Common Council hereby approves an amount not to exceed $4,500
to be transferred from account A1990 Unrestricted Contingency to Account A3620-5110
for the purposes of said roster amendment.
Carried Unanimously
16.11 Endorsement of Million Mom March – Resolution
By Alderperson Farrell: Seconded by Alderperson Vaughan
Whereas, the Million Mom March, to be held on Mother's Day, May 14, 2000 in
Washington, D.C., will include participants from the City of Ithaca and Tompkins County,
and
Whereas, the purpose of this event, which is comprised of people from around the
United States, is to educate the children and the Country about the life-threatening
dangers of guns, and
Whereas, participants in this demonstration, along with members of the Common
Council and the Mayor of the City of Ithaca, acknowledge that while guns may be
necessary for hunting, law enforcement, and national security, the proliferation of
firearms intended for the sole purpose of killing another human being has become
untenable, and
April 5, 2000
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Whereas, the lives of our children far outweigh the right for just anyone, but especially
children, to obtain and possess such firearms as semi-automatics and Saturday night
specials; now, therefore, be it
RESOLVED, That the Common Council and Mayor of the City of Ithaca endorse and
encourage the participation of community members in this endeavor, and, be it further
RESOLVED, That the members of Common Council and the Mayor of the City of
Ithaca, fully endorse this call to Congress to enact common sense gun control
legislation by Mother's Day, May 14, 2000.
Carried Unanimously
REGULAR AGENDA ITEMS:
21. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
17.1 FY 2000 Small Cities Community Development Block Grant Application
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, on February 25, 2000 the Empire State Community Development
Corporation issued a Request for Applications (RFA) for the New York State
administered Small Cities Program under the Community Development Block Grant
(CDBG) program, and
WHEREAS, the RFA authorizes Ithaca to apply for a grant of up to $900,000 through
the “Comprehensive” competition that involves two or more related activities to
undertake a strategy that deals comprehensively with the community development
problems of a particular area in the funding categories of housing, public facilities,
economic development and public services, and
WHEREAS, each activity within the CDBG grant application must meet one of the
national objectives for (1) benefit to low- and moderate-income persons, (2) elimination
of slums or blighting conditions, or (3) meeting community needs having a particular
urgency, and
WHEREAS, the Common Council recognizes the need to support efforts to promote
neighborhood revitalization through provision of quality, affordable housing, creation of
employment opportunities, improvement of public facilities and increased public services
that principally benefit Ithaca’s low- and moderate-income population and the
remediation of blighting conditions, and
WHEREAS, the CDBG grant application is due on April 28, 2000, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) solicited funding proposals on
February 17, 2000 from citizens, for-profit and not-for-profit organizations, and
WHEREAS, in compliance with the Citizen Participation Plan, the IURA held two
Community Input meetings on February 23, 2000 at GIAC and February 24, 2000 in the
Southside Community Center, and a public hearing on March 7, 2000 to gain public
input on the formulation of the application, and
WHEREAS, the IURA evaluated the proposals submitted and considered alternative
activities in the context of community development needs and the grant rating criteria at
meetings held on march 7th, March 14th, March 21st and March 29th to develop a list of
recommended activities to include in the grant application, now, therefore, be it
RESOLVED, that the Common Council hereby endorses the IURA recommendation for
the grant application and authorizes and directs the IURA to submit a $900,000 FY
2000 Small Cities CDBG application to include the following budgeted activities:
April 5, 2000
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Southside
$215,000 INHS House Recycling
$45,000 Southside Community Center Computer Lab
$40,000 311 S. Corn St. - Acquisition and Remediation
$35,000 Plain St. Pedestrian/Bicycle Bridge Improvements – Lighting & Approaches
$30,000 Targeted Code Enforcement
$30,000 402 S. Cayuga St. Demolition & Clearance
$25,000 Sciencenter Computer Clubhouse
$420,000 Subtotal
Downtown
$275,000 Downtown Hotel Project
$75,000 State Theatre Restoration, Phase I
$350,000 Subtotal
Administration
$130,000 Administration
---------------
$900,000 TOTAL
and, be it, further
RESOLVED, that should the IURA determine that any of the above activities encounter
feasibility issues that would hinder timely completion, the Common Council hereby
authorizes the IURA to adjust activity budgets of the above activities to resolve feasibility
and rating concerns and/or substitute one or more of the following activities:
Substitute Activities
$140,000 Plain Street Pedestrian Bridge Replacement
$150,000 Street Lighting along S. Plain Street
$130,000 Henry St. John Gym Conversion to 4-6 Apartments
$60,000 S. Titus/South Street Sidewalk & Lighting
$30,000 Fair Street Park Improvements
and, be it further,
RESOLVED, that upon notice of grant approval, the Common Council hereby agrees to
establish a capital project to fund the portion of the project costs for the 402 S. Cayuga
St. demolition & clearance activity not funded by the CDBG grant (estimated $60,000
City contribution), and, be it further,
RESOLVED, that the Common Council hereby authorizes the IURA to administer and
implement all CDBG activities in accordance with applicable regulations, including, but
not limited to, Title 24, Section 570 of the Code of Federal Regulations, and be it further,
RESOLVED, that the Mayor, upon the advise of the City Attorney and the Executive
Director of the IURA, is hereby authorized to execute any and all documents for the
submission of this application and acceptance of funding.
Extensive discussion followed on the floor regarding the details of the Plain Street
Bridge and Downtown Hotel projects.
Amending Resolution
By Alderperson Hershey: Seconded by Alderperson Spielholz
RESOLVED, That the second Resolved clause be amended to read as follows:
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“RESOLVED, that should the IURA determine that any of the above activities encounter
feasibility issues that would hinder timely completion, the Common Council hereby
authorizes the IURA, in consultation with the Chairs of the Budget and Administration
Committee and the Planning and Economic Development Committee, to adjust activity
budgets of the above activities to resolve feasibility and rating concerns and/or substitute
one or more of the following activities:”
Carried Unanimously
Further discussion followed on the floor with Alderperson Sams expressing her
opposition to partial Capital Project funding for the demolition of 402 S. Cayuga Street.
Community Development Planner Bohn answered questions from Council regarding
CDBG application requirements.
Alderperson Blumenthal expressed her thanks to the IURA and Community
Development staff for all of the hard work that has resulted in a great application.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Manos, Pryor, Farrell, Vaughan, Blumenthal,
Spielholz, Glasstetter,
Taylor, Hershey
Nays (0)
Abstentions (1) Sams
Carried
17.2 Transfer of Parcel 100.-2-1 (Cherry Street II)
Determination of Environmental Significance - Resolution
This item was withdrawn from the agenda.
17.3 Conveyance of Parcel 100.-2-1 (Cherry Street II) to the Ithaca Urban
Renewal Agency (IURA) for Future Development and Leasing
This item was withdrawn from the agenda.
17.4 An Ordinance Amending The “Official Zoning Map of the City of Ithaca,
New York” and Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code
Regarding the “West End Development Zoning District” – Call for a Public
Hearing
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
RESOLVED, That Ordinance No. 00- entitled An Ordinance Amending The “Official
Zoning Map of the City of Ithaca, New York” and Chapter 325 entitled “Zoning” of the
City of Ithaca Municipal Code Regarding the “West End Development Zoning District” is
hereby introduced before the Common Council of the City of Ithaca, New York, and be it
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, May 3,
2000, 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
April 5, 2000
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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. 00-____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1. The Official Zoning Map of the City of Ithaca, New York is hereby amended
as follows:
The zoning district designation for portions of the certain tracts of land is changed from
B-2, Business and B-4 Business, and I-1 Industrial, and M-1, Marine Commercial, to
“WEDZ-1, “West End Development Zoning District” as indicated on the map entitled
“West End Urban Design Plan – Proposed Zoning Districts” dated March, 2000. The
tracts so changed are: the “West End” bounded on the west by the center line of the
Flood Control Channel; on the east by the rear property line of properties fronting
Meadow Street, to the north at the junction of Meadow and Fulton Streets and to the
south, by the center line of Six Mile Creek west of Meadow Street and on the south
boundary of the southern most property east of Meadow Street.
Section 2. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
17.5 Resolution Regarding Amending Fire Limits Description in the City of
Ithaca Code
By Alderperson Blumenthal: Seconded by Alderperson Manos
WHEREAS, fire limits are defined in the New York State Uniform Fire Prevention and
Building Code (9 NYCRR) as:
606.3(a)(74) Fire Limits. Boundary line establishing an area in which there
exists, or is likely to exist, a fire hazard requiring special fire protection.
and,
WHEREAS, the City of Ithaca has many areas where building density and construction
type, or building size present fire hazards which have been demonstrated numerous
times as the result of fires involving more than one building at a time over the years,
and,
WHEREAS, the City of Ithaca has had established fire limits since the mid-1800’s, and,
WHEREAS, the fire limits are currently established by co-designation with zoning
districts, and,
WHEREAS, zoning districts and designations have been changed in recent months
without consideration to the impact of those changes on the fire limits previously
established, and,
WHEREAS, the need to maintain fire limits as historically defined is critical to managing
the level of risk to the community from fire, and,
WHEREAS, recognition of new areas requiring such protection as the result of focused
development efforts is appropriate and proactive risk management; now, therefore be it
April 5, 2000
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RESOLVED, section 181-13.B. of the City of Ithaca Code is hereby amended, as
follows (material underlined is new, material in [brackets] to be deleted):
A. Fire limits A: those areas of the city which are zoned Industrial I-1 and Business
B2-b, CBD-60, CBD-85, and CBD-100 in the City of Ithaca Zoning Ordinance (Chapter
325 of this Code).
B. Fire Limits B: those areas of the city which are zoned Business B-2a, B-2c, B-2d,
B-4, [or] B-5, WF-1, WEDZ-1a, or WEDZ-1b in the City of Ithaca Zoning Ordinance
(Chapter 325 of this Code).
and, be it further
RESOLVED, This amendment of the ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
17.6 Adult Use Moratorium Extension
By Alderperson Blumenthal: Seconded by Alderperson Sams
WHEREAS, a local law entitled "Moratorium for the establishment or expansion of adult
uses" was adopted on July 29, 1999, and went into effect on August 5, 1999, upon filing
with the Secretary of State, and
WHEREAS, pursuant to Section 4(A), the moratorium was to be in effect for a period of
nine months from its effective date unless extended pursuant to Section 4(C), and
WHEREAS, said nine-month period, unless extended, will expire on or about May 5,
2000, and
WHEREAS, the purpose of the moratorium was to provide the City an opportunity for
the review and possible enactment of appropriate legislation regulating adult uses, and
WHEREAS, at a regularly scheduled meeting held on December 7, 1999, the Common
Council provided funding for and authorized a study to be conducted of the possible
deleterious impacts of adult entertainment in the City, and
WHEREAS, at a regularly scheduled meeting held on February 2, 2000, the Common
Council authorized the Mayor to sign a contract with Robert Penna, Ph.D., to provide a
study of the possible impacts of adult entertainment in the city, and
WHEREAS, said study and report is expected to be completed on or about May 1,
2000, and
WHEREAS, once completed, said study will be reviewed to determine what legislation
regulating adult uses, if any, should be promulgated and adopted by Common Council,
and
WHEREAS, considering the potential objectionable characteristics and impacts of adult
uses on the health, safety and general welfare of the residents of the City of Ithaca and
the important constitutional issues which must be identified and addressed in any
regulation of adult uses, it would be a disservice to the community to attempt to
complete said review and legislation in the limited time remaining in the moratorium
period; now, therefore, be it
RESOLVED, That the Moratorium for the establishment or expansion of adult uses is
hereby extended for an additional three (3) months, until August 5, 2000, in order to
provide sufficient time to complete review of the study and, if necessary, adopt
legislation regulating adult uses.
April 5, 2000
14
A vote on the Resolution resulted as follows:
Ayes (7) Pryor, Manos, Sams, Farrell, Hershey, Taylor
Nays (0)
Abstentions (2) Spielholz, Glasstetter
Carried
Alderperson Vaughan was absent from the vote.
17.7 Proposed Zoning Ordinance Amendment Height Limit and Boundary Change
in “CBD-85” Zone – Report
Alderperson Blumenthal gave a brief update on the proposal to change the zoning in the
Central Business District which allows 85’ of building height to 140’. The zone is
roughly around the corners of Tioga and Seneca Street. The Planning and Economic
Development Committee and the Ithaca Downtown Partnership are in general support
of the change. The Planning Board has expressed concerns so there will be a follow-up
meeting with the Codes Committee and Planning Department staff.
21.3 Multi-Modal Program Funding Application – Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Spielholz
WHEREAS, the City of Ithaca received notice from the Ithaca-Tompkins County
Transportation Council (I-TCTC) that New York State Multi-Modal program funding will
be available for projects in Tompkins County, and
WHEREAS, the notice was received after the March meeting of the Planning and
Economic Development Committee meeting, and
WHEREAS, preliminary project applications must be submitted to I-TCTC by Thursday,
April 13, 2000, before the April meeting of the Planning and Economic Development
Committee and
WHEREAS, project selection will be completed on April 24, 2000, before Common
Council’s May 3rd meeting; now therefore be it
RESOLVED, That the Department of Planning and Development be directed to prepare
a list of project applications for NYS Multi-Modal Program funding subject to the
approval of the Mayor and the Chair of the Planning and Economic Development
Committee.
Discussion followed on the floor regarding the proposed projects and the selection
process that will be followed.
A vote on the Resolution resulted as follows:
Carried Unanimously
22. HUMAN RESOURCES COMMITTEE:
18.1 DPW Request to Increase Salary
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, included in the Department of Public Works 2000 budget Common Council
authorized an 8% salary increase for the Building Systems and Solid Waste Supervisor,
Jim Kelly and
WHEREAS, this position is part of the Executive Association Bargaining Unit, and
WHEREAS, the Executive Association bargaining unit allows for increases in salaries,
and
WHEREAS, the wage Mr. Kelly is currently earning does not adequately reflect the
responsibilities of this position; now, therefore, be it
April 5, 2000
15
RESOLVED, That Jim Kelly’s salary be increased from $38,467 to $41,544 retroactive
to January 1, 2000, and, be it further
RESOLVED, That the funds needed for said salary increases will be derived from within
the Department of Public Works 2000 budget.
Carried Unanimously
18.2 DPW Request to Increase Salary
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, included in the Department of Public Works 2000 budget Common Council
authorized an 8% salary increase for the Supervisor of Streets, Ray Benjamin and
WHEREAS, this position is part of the Executive Association Bargaining Unit, and
WHEREAS, the Executive Association bargaining unit allows for increases in salaries,
and
WHEREAS, the wage Mr. Benjamin is currently earning does not adequately reflect the
responsibilities of this position; now, therefore, be it
RESOLVED, That Ray Benjamin’s salary be increased from $39,969 to $43,166
retroactive to January 1, 2000, and, be it further
RESOLVED, That the funds needed for said salary increases will be derived from within
the Department of Public Works 2000 budget.
Carried Unanimously
18.3 DPW Request to Increase Salary
By Alderperson Manos: Seconded by Alderperson Sams
WHEREAS, included in the Department of Public Works 2000 budget Common Council
authorized an 8% salary increase for the Motor Equipment Maintenance Supervisor,
Donald Parker, and
WHEREAS, this position is part of the Executive Association Bargaining Unit, and
WHEREAS, the Executive Association bargaining unit allows for increases in salaries,
and
WHEREAS, the wage Mr. Parker is currently earning does not adequately reflect the
responsibilities of this position; now, therefore, be it
RESOLVED, That Donald Parker’s salary be increased from $36,247 to $39,147
retroactive to January 1, 2000, and, be it further
RESOLVED, That the funds needed for said salary increases will be derived from within
the Department of Public Works 2000 budget.
Carried Unanimously
18.4 AN ORDINANCE AMENDING ARTICLE VIII ENTITLED “SEXUAL
HARASSMENT” OF CHAPTER 90 OF THE CITY OF ITHACA MUNICIPAL CODE.
By Alderperson Manos: Seconded by Alderperson Pryor
ORDINANCE NO.________ - 2000
WHEREAS, Common Council of the City of Ithaca wishes to update the city’s sexual
harassment policy in view of the development of case law on this subject in recent
years; now, therefore
April 5, 2000
16
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
SECTION 1. Chapter 90, Section 90-54 is hereby amended to read as follows:
§ 90-54. Statement of policy.
A. It is the policy of the City of Ithaca in its capacity as an employer, to provide and
maintain a work environment which is free from unlawful discrimination. Sexual
harassment is a form of unlawful discrimination and is prohibited in each and every city
work environment and each and every situation which directly impacts a city work
environment.
B. The City of Ithaca considers sexual harassment to be a form of employee
misconduct and considers this type of misconduct to be a serious offense. Allegations of
sexual harassment will be investigated thoroughly and, if substantiated, will be met with
appropriate corrective and/or disciplinary action commensurate with the seriousness of
the offense(s), up to and including discharge.
SECTION 2. Chapter 90, Section 90-55, entitled “Federal definition adopted” is
amended to include a new subsection C as follows:
§ 90-55. Federal definition adopted.
A. According to Federal Equal Employment opportunity Commission (EEOC)
guidelines, "sexual harassment" is defined as follows:
"Unwelcome sexual advances, requests for sexual favors and other verbal or physical
conduct of a sexual nature when:
1. Submission to such conduct is made explicitly or implicitly a term or condition of
an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile or offensive working
environment."
B. The City of Ithaca hereby adopts the above definition of sexual harassment. The
definition applies to the conduct of a supervisor towards a subordinate; the conduct of
one employee towards another employee; the conduct of an employee towards a job
applicant; and the conduct of a non-employee towards a city employee.
C. Examples of Sexual Harassment . Examples of sexual harassment include, but are
not limited to: abusive verbal language related to an employee’s sex, sexual
innuendoes, jokes, and other sexually suggestive comments or references to sex or
gender-specific traits; abusive written notes, email, graffiti, telephone calls or facsimiles
that are sexual in nature; sexual propositions, insults, or threats; persistent unwanted
sexual/romantic attention; leering, whistling, or other sexually suggestive or insulting
sounds or gestures; displaying pictures, calendars, cartoons, or other material with
sexual content; coerced or unwelcome touching, patting, brushing up against, pinching,
kissing, stroking, massaging, squeezing or tickling; subtle or overt pressure for sexual
favors; coerced sexual intercourse (e.g., as a condition of employment).
April 5, 2000
17
SECTION 3. The text of Section 90-56 entitled “Reporting and investigation of
complaints” is deleted in its entirety and replaced with a new section 90-56 as follows:
§ 90-56. Reporting and investigation of complaints.
A. Questions about the policy. If any City employee or officer is subject to, or witnesses,
a situation which he or she believes constitutes sexual harassment or has any
questions about the City sexual harassment policy or on how to proceed, the employee
should contact the Human Resources Department.
B. Confidentiality. The City of Ithaca has a commitment to respect the privacy and
anonymity of both victims and accused harassers, within legal constraints.
Confidentiality will be maintained throughout the investigatory process to the extent
practical and appropriate under the circumstances.
All individuals who are involved in the complaint and/or investigation process are obliged to
maintain the confidentiality of the proceedings. The maintenance of confidentiality does not
mean that the accused will not be made aware of the complaint and its specifics.
C. Reporting complaints. Any City officer or employee is required to report an incident
of suspected harassment or employment discrimination to his or her supervisor,
department head, or the Director of Human Resources as soon as possible after an
alleged incident. The person reporting the harassment does not have to be the
intended target of the harassment. When a supervisor or department head receives a
complaint, he or she will contact the Human Resources Department immediately to
determine how to investigate and address the complaint.
D. Types of Complaints.
(i) Informal Complaints. Some situations may be resolved in an informal
manner by the department head or supervisor without the need for a formal
complaint and investigation. Disciplinary action may not be taken against the
alleged harasser without a formal complaint being filed, and a finding, after
investigation, that there is probable cause to believe harassment occurred.
(ii) Formal Complaint. A formal complaint must be in writing and must include
the act(s) complained about, identify the person or persons alleged to have
committed such act(s), and indicate the approximate dates, if known, when the
act(s) occurred. Employees and officers can fill out the form themselves, or ask
for help from their supervisor, Department Head, or the Human Resources
Director. A formal complaint shall be filed with the Department of Human
Resources.
E. Investigation Procedure. Once a formal complaint has been received, the Human
Resources Director will commence a prompt investigation of the allegations in the
complaint and will report the results of the investigation to the complainant’s department
head or to the mayor, as appropriate. The investigation should be concluded within
sixty (60) days of the filing of the formal complaint. The investigation may be expanded
if more allegations are uncovered during the investigation.
The investigation may include, but is not limited to: identifying the alleged harasser,
separately interviewing the complainant and/or witnesses, meeting with the person
accused to inform her/him of the complaint and informing her/him that retaliation is
prohibited, interviewing the accused person regarding the allegations, interviewing
witnesses provided by the accused person, and determining whether or not there is
probable cause to believe that the allegations are true.
Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to
and resolution of objectionable behavior. Complaints should be filed within one year of
the alleged harassment.
April 5, 2000
18
F. Protection from Retaliation. Federal and State law and City of Ithaca policy prohibit
any form of retaliation against a person who files a discrimination complaint or is a
witness in a discrimination complaint procedure.
SECTION 4. Section 90-57 (A) entitled “Unfounded Complaints” shall be deleted
in its entirety and replaced with the following language:
§90-57. Post-Investigation and Appeal Procedure.
A. Unfounded Complaints. If, after an investigation, a complaint is determined to be
unfounded, the Human Resources Director will inform the complainant(s) and the
accused that the complaint is unfounded. The Human Resources Department will
maintain a confidential record of the investigation.
SECTION 5. Section 90-57(B) is deleted in its entirety and replaced with a new
§90-57(B) entitled “Complaint Founded.”
B. Complaint Founded. If a complaint if founded, the Human Resources Director
and the Department Head or Mayor will meet with the person accused and his/her union
representative, if the accused is represented, and explain the findings of the
investigation. The accused will have an opportunity to accept the findings and any
corrective and/or disciplinary action, or to oppose the findings and file a grievance
through his/her collective bargaining unit. The Human Resources Department will
maintain a confidential record of the investigation.
SECTION 6. Section 90-57(C) is amended as follows:
C. In the event that either the employee alleging sexual harassment or the
employee being charged with sexual harassment is not covered by a labor contract,
he/she may exercise his/her appeal rights provided for by Civil Service Law, Section C-
26.1 of the City Charter or Article 1 of Chapter 90 of the Code of the City of Ithaca, as
appropriate.
SECTION 7. There shall be new subsections added to §90-57, as follows:
D. Corrective and Disciplinary Action. Corrective and disciplinary action for sexual
harassment may include any or all of the following: attending individualized training;
verbal warning; written reprimand; work restrictions, salary reduction or limitation;
suspension; dismissal.
E. Filing Complaints with Outside Agents. This internal complaint and investigation
process does not substitute for or remove the rights of employees or officers to bring
charges of sexual harassment with local, federal and state agencies. Those agencies
have specific time limits within which complaints can be brought, and employees or
officers should consult each agency as to the proper procedure or time limit.
F. Support Services. Individuals involved in sexual harassment complaints are
encouraged to seek assistance through the Employee Assistance Program or the
Human Resources Department.
SECTION 8. Section 90-58(D) shall be amended as follows:
§ 90-58. Responsibilities of managers and supervisors.
A. All managerial and supervisory staff of the City of Ithaca shall be responsible for
enforcing this policy and shall have particular responsibility for ensuring that the work
environment under their supervision is free from sexual harassment and its effects.
April 5, 2000
19
B. All managerial and supervisory staff who receive sexual harassment complaints
will be responsible for immediately forwarding such complaints to either their
department head or the Director of Human Resources for investigation.
C. The city shall conduct training for managerial and supervisory staff in each
department on the issues surrounding sexual harassment, its effects and its
appearances and the role and responsibility of supervisory personnel in preventing
incidents of sexual harassment and resolving sexual harassment complaints.
D. The City shall also distribute this policy to all city employees and conspicuously
post this policy at all city work sites. Copies of this policy will also be distributed to new
employees as they are hired who will be required to sign a statement that they have
read and understood the policy. The city shall also conduct training for all city
employees on the concept and definition of sexual harassment, the issues surrounding
it and ways in which to deal with sexual harassment.
SECTION 9. A new section 90-59 shall be added as follows:
§90-59. Severability.
Severability is intended throughout and within the provisions of the ordinance. If
any section, subsection, sentence, clause, phrase or portion of this ordinance is held to
be invalid or unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions of this ordinance.
SECTION 10. Effective Date. This Ordinance shall take effect immediately and
in accordance with law upon publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
Alderperson Manos and Mayor Cohen thanked all the people who worked hard on this
Ordinance including Alderperson Spielholz, Assistant City Attorney Patricia Dunn, and
Human Resources Director Schelley Michell-Nunn.
18.5 Request to Amend Managerial Salary Compensation Structure
By Alderperson Manos: Seconded by Alderperson Hershey
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
subcommittee to hire and work with a consultant to develop a management
compensation plan designed to meet these objectives, and
WHEREAS, a comprehensive study examining internal equity as well as the external
competitiveness of managerial salaries was conducted by Mary Hall, CCP of Total
Compensation Services, and
WHEREAS, a salary structure has been recommended by Ms. Hall, and
WHEREAS, the management compensation plan created by the consultant includes a
performance management system which can replace the current city managerial
increases policy; now, therefore, be it
RESOLVED, That the following managerial salary compensation structure be adopted:
Controller
Fire Chief
Police Chief
Superintendent, PW 63,848 – 77,864 - 91,880
Asst. Sup PW, S&F
April 5, 2000
20
Asst. Sup PW, W&S
Building Commissioner
City Attorney
Deputy Fire Chief
Deputy Police Chief
Director, HR
Director, IT 57,928 – 70,644 – 83,360
Assistant City Attorney
City Prosecutor
Director, GIAC
Director, Planning & Development
Director, Youth Bureau
Mgr, Ops & Maint TCAT 54,624 – 66,615 – 78,606
City Chamberlain
Deputy City Prosecutor
Deputy Controller
Deputy Director HR
Deputy Director Youth Bureau
Director, Econ Dev 50,041 – 61,026 – 72,010
City Clerk
Deputy Director, GIAC
Associate Attorney 40,141 – 48,953 – 57,765
Deputy City Clerk 26,330 – 32,110 – 37,890
and, be it
RESOLVED, That those managerial salaries which currently fall below the minimum
salary for their position be raised to the minimum salary of their range, and, be it
RESOLVED, That the total not to exceed amount of $21,613.58 required to raise those
salaries to the minimum of their ranges be transferred as follows: $10,000 from
restricted contingency and $11,613.58 from unrestricted contingency to the following
accounts:
A1110-5110 $3,374.30
A1420-5110 $5,863.06
A5630-5105 $ 624.30
A7310-5105 $5,361.16
A7311-5105 $6,390.76
and, be it further
RESOLVED, That the Deputy Director of the Greater Ithaca Activities Center receive
the minimum salary for his range, $40,141, retroactive to July 1, 1999.
Alderperson Spielholz briefly relayed the process that followed during the development
of the compensation plan. Discussion followed on the floor regarding the city’s
intention of conducting pay equity studies for other groups of employees.
Amending Resolution:
By Alderperson Glasstetter: Seconded by Alderperson Spielholz
RESOLVED, That the following language be added as the 6th Whereas Clause:
“WHEREAS, it is the intent of the Common Council to look at the pay scales and the
equity thereof of all other city employees”.
April 5, 2000
21
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
18.6 Building Department Request to Amend Personnel Roster
By Alderperson Manos: Seconded by Alderperson Farrell
WHEREAS, the Building department continues to be significantly understaffed and is
having difficulty keeping up with mandated housing inspections, and
WHEREAS, the Housing Inspection program is vital for protecting the safety of Ithaca’s
rental population, and
WHEREAS, Mr. Escobedo has completed the necessary code enforcement training
provided by the State of New York and possesses the skill and experience required by
the position of Housing Inspector, and
WHEREAS, Ray Escobedo was hired in 1997 as a Code Enforcement Officer in
anticipation of developing into a Housing Inspector, and
WHEREAS, it is the Building Departments intention to phase Ray Escobedo into
housing inspections while the temporary Code Enforcement Officer assumes more
responsibility; now, therefore, be it
RESOLVED, That Common Council hereby approves the Building Department’s
request to amend the personnel roster as follows:
Add: One (1) Housing Inspector
and, be it further
RESOLVED, That Common Council hereby approves an amount not to exceed $4,500
to be transferred from account A1990 Unrestricted Contingency to Account A3620-5110
for the purposes of said roster amendment.
Discussion followed on the floor with Acting Building Commissioner Radke regarding
how this personnel change would impact the operations of the Building Department and
the Exterior Property Maintenance Program.
Carried Unanimously
18.7 DPW Request for Reduction in Hours
By Alderperson Manos: Seconded by Alderperson Hershey
WHERAS, Lynne Yost, Assistant Civil Engineer, has just returned from maternity leave
and is requesting her hours be reduced to 35 hours a week from 40 hours, for personal
reasons, and
WHEREAS, the Superintendent of Public Works has reviewed the request and
recommends the request be granted, and
WHEREAS, additional staff has been retained on a temporary basis to assist with the
workload of the Department of Public Works; now, therefore, be it
RESOLVED, That Common Council hereby grants the request to reduce the hours of
Assistant Civil Engineer Lynne Yost from 40 hours a week to 35 hours a week until
December 31, 2000 or some earlier date convenient to both the department and Ms.
Yost, and, be it further
RESOLVED, That an amount not to exceed the direct unexpended salary may be
expended in the part time and seasonal line to replace the hours lost by reducing the
work week.
April 5, 2000
22
Carried Unanimously
19. BUDGET AND ADMINISTRATION COMMITTEE:
19.1 Common Council – Approval of Funds for Local Computerized Box Office
System
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, the Community Arts Partnership (CAP) in conjunction with the Hangar
Theatre, The Kitchen Theatre, Cayuga Chamber Orchestra, Cornell Concert Series, and
Ithaca College Department of Theatre Arts are requesting the City’s support in the
amount of $10,000 for purchase and installation of a computerized ticketing system for
the Ticket Center at the Clinton House, and
WHEREAS, the current ticket system is mostly manual and is becoming increasingly
antiquated, causing errors, inefficient use of staff time, and loss of revenue, and
WHEREAS, a new computerized box office system will: allow for all participating
organizations to share database information; give the ability to sell tickets for all
participating organizations; improve customer service and provide marketing information;
and improve the efficiency of the Center’s operation and increase revenues, and
WHEREAS, the total project cost has been estimated at $90,000, with $34,500 already
committed and $40,000 in pending support; now, therefore, be it
RESOLVED, That Common Council hereby authorizes an amount not to exceed $5,000
be transferred from account A1990 Unrestricted Contingency to account A1012-5435
Community Services Contracts for purposes of funding a portion of said local computerized
Box Office Project for area Tompkins County performing arts organizations.
Carried Unanimously
19.2 Common Council – Approval of Funds for Safe Night 2000
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, Safe Night 1999 provided the opportunity for over 300 youths to party in a safe
environment, and
WHEREAS, because the 1999 Safe Night was such a success, a 2000 Safe Night has
been scheduled for June 3, 2000 at Cass Park from 7:00 PM to 1:00 AM, and
WHEREAS, area youth between the ages of 11 to 18 will enjoy an evening of activities
involving food, fun and education, and
WHEREAS, the event has an estimated budget of $9,150.00, with $2,400 in funding
already raised; now, therefore, be it
RESOLVED, That Common Council hereby authorizes an amount not to exceed $3,800
be transferred from account A1990 Unrestricted Contingency to account A1012-5435
Community Services Contract for the purposes of assisting in funding Safe Night 2000.
Alderperson Sams proposed that this activity be funded at the same level as the Arts
Council, at $5,000.
Amending Resolution:
By Alderperson Sams: Seconded by Alderperson Glasstetter
RESOLVED, That Common Council hereby authorizes an amount not to exceed $5,000
be transferred from account A1990 Unrestricted Contingency to account A1012-5435
Community Services Contract for the purposes of assisting in funding Safe Night 2000.
Extensive discussion followed on the floor regarding potential fundraising opportunities, the
city’s difficult financial situation and funding levels for other organizations.
April 5, 2000
23
A vote on the Amending Resolution resulted as follows:
Ayes (2) Sams, Manos
Nays (6) Blumenthal, Vaughan, Spielholz, Hershey, Taylor, Pryor
Abstentions – Glasstetter
Failed
Main Motion:
A vote on the Main Motion resulted as follows:
Carried Unanimously
19.3 Common Council – Approval of Funds for Ithaca Downtown Partnership
Housing Market Analysis
By Alderperson Vaughan: Seconded by Alderperson Farrell
WHEREAS, the Ithaca Downtown Partnership (IDP) has identified housing development as
a crucial component of a comprehensive downtown revitalization program, and
WHEREAS, the first phase to be undertaken in an effort to promote downtown housing
development is the completion of a downtown housing market analysis at an estimated
cost of $10000, and
WHEREAS, the market analysis will examine the demand for non-student housing in the
downtown area and will include: assessment of market demand; market absorption;
character and profile of units; demand of ownership; price points and environmental
factors, and
WHEREAS, the IDP will secure $5,000 in funding for the analysis and is requesting a
$5,000 contribution from the City for the remaining amount; now, therefore, be it
RESOLVED, That Common Council hereby approves funding for the Ithaca Downtown
Partnership downtown housing market analysis in an amount not to exceed $5,000, and,
be it further
RESOLVED, That funding for said analysis shall be derived from the following sources:
Transfer of funds from account A1990 Unrestricted Contingency to A6995-5435
Contribution to BID $2,500
Capital Reserve #25 Capital Improvements $2,500
Amending Resolution
By Alderperson Hershey: Seconded by Alderperson Glasstetter
RESOLVED, That the third Whereas clause be amended to read as follows:
“WHEREAS, the market analysis will examine the demand for housing in the greater
downtown area and will include: assessment of market demand; market absorption;
character and profile of units; demand of ownership; price points and environmental
factors, and”
Carried Unanimously
Discussion followed on the floor regarding the scope of the study.
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
19.4 Common Council – Taxi Fare Temporary Surcharge – Possible Resolution
This item was with withdrawn from the agenda.
19.5 Common Council – Approval of Funds for Southside Community Center
Juneteenth 2000 Celebration
By Alderperson Vaughan: Seconded by Alderperson Pryor
April 5, 2000
24
WHEREAS, the Southside Community Center is planning to host a three-day celebration of
Juneteenth 2000 during the weekend of June 16 – 18, 2000, and
WHEREAS, the celebration has a total cost of $30,000 and the Community Center is
asking the City for $2,500 to assist in covering the costs of the event, and
WHEREAS, the celebration will: celebrate the unity of individual communities throughout
Tompkins County; bring together different neighborhoods within the area to learn about an
era in history; celebrate diversity and eliminating oppression; now, therefore, be it
RESOLVED, That Common Council hereby authorizes an amount not to exceed $2,500
be transferred from account A1990 Unrestricted Contingency to account A1012-5435
Community Services Contracts for the purposes of assisting in funding the Southside
Community Center Juneteenth 2000 Celebration.
Carried Unanimously
19.6 Police Department – Request to Approve Sale of Two Police Motorcycles
By Alderperson Vaughan: Seconded by Alderperson Glasstetter
WHEREAS, the Ithaca Police Department currently has two 1998 Harley-Davidson
motorcycles that are not being used to their maximum extent, and
WHEREAS, the Police Department’s Traffic Unit is changing with a move toward traffic
calming, including truck enforcement, and the motorcycles will see less and less use, and
WHEREAS, Police Department staff members are recommending to sell the motorcycles
at a minimum bid of $22,000 and would like to use the sale proceeds to purchase
equipment for the newest patrol vehicles; now, therefore, be it
RESOLVED, That Common Council hereby declares the Police Department’s two 1998
Harley-Davidson motorcycles surplus and directs the Controller’s Office to sell these
vehicles at a minimum bid of $22,000, and, be it further
RESOLVED, That the proceeds from the sale of the motorcycles shall be placed back into
the 2000 Police Department Budget for purposes of purchasing authorized equipment for
the Department’s patrol vehicles, and, be it further
RESOLVED, That the Controller shall be authorized to make any necessary budget
adjustments as a result of said sale of motorcycles.
Carried Unanimously
19.7 City Chamberlain – Request to Award Contract for Parking Ticket Collection
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, the City’s parking ticket issuance and enforcement software was not year
2000 compliant until very recently, and
WHEREAS, parking tickets issued since January 1 will be entered and enforced using the
City’s Munis software, and
WHEREAS, parking tickets issued prior to January 1 will not be entered and enforced
using the Munis software, and cannot be enforced using the current, non-compliant host
software, and
WHEREAS, the City Chamberlain requested, received and reviewed proposals from
outside vendors to provide collection and enforcement services for parking tickets issued
prior to January 1, 2000, and has determined that Complus, Inc., of Hawthorne, New York,
submitted the lowest cost proposal for the desired services; now, therefore, be it
RESOLVED, That Common Council authorizes the Mayor to enter into a contract with
Complus, Inc. for the services related to the collection of outstanding parking tickets, and,
be it further
April 5, 2000
25
RESOLVED, That, after an initial notification, a penalty of 35 percent of the outstanding
ticket balance be added to and collected as a penalty on those tickets sent to Complus,
and, be it further
RESOLVED, That the funds to pay Complus be derived from the collected penalties, and,
be it further
RESOLVED, That Common Council hereby authorizes the Controller to amend the 2000
Budget for Traffic Violations accounts A1130-2610 Fines and Forfeitures and A1130-5435
Contractual Services each to be increased by the amount of the penalty added.
Amending Resolution
By Alderperson Vaughan: Seconded by Alderperson Pryor
RESOLVED, That the last Resolved Clause be amended to read as follows:
“RESOLVED, That Common Council hereby authorizes the Controller to amend the 2000
Budget for Traffic Violations accounts A1130-2610 Fines and Forfeitures and A1130-5435
Contractual Services each to be increased by the amount of the additional penalties
collected.”
Ayes (9) Manos, Pryor, Sams, Farrell, Vaughan, Blumenthal, Glasstetter,
Hershey, Taylor
Nays (0)
Abstention (1) Spielholz
Carried
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Manos, Pryor, Sams, Farrell, Vaughan, Blumenthal, Glasstetter,
Hershey, Taylor
Nays (0)
Abstention (1) Spielholz
Carried
19.8 City Chamberlain – Request to Allow Payments on Delinquent Taxes beyond
the Redemption Period
By Alderperson Vaughan: Seconded by Alderperson Farrell
WHEREAS, in accordance with New York State Real Property Tax Law, Article 11, the City
is entitled to foreclose tax liens which became a lien in 1998, and
WHEREAS, on December 7, 1999, pursuant to New York State Real Property Tax Law
and City Charter, the City Attorney caused a Notice and Petition of Foreclosure of the 1998
City tax liens be filed with the Tompkins County Supreme Court, and
WHEREAS, while the period to pay taxes pursuant to the Notice and Petition ended on
March 15, 2000, it will take at least another four to six weeks to file the final amended list of
properties that remain unpaid and to finalize the foreclosure of tax liens; now, therefore, be
it
RESOLVED, That the City Chamberlain add a fee of $250 to each property on the
foreclosure list to help offset the cost of proceeding with the foreclosure, and be it further
RESOLVED, That the City Chamberlain is authorized to accept payment of taxes for
properties on the foreclosure list at any time prior to filing the final amendment to the 1999
Foreclosure proceedings.
Carried Unanimously
19.9 City Chamberlain – Request to Allow Payments on Pre-1998 Tax Liens
By Alderperson Vaughan: Seconded by Alderperson Farrell
April 5, 2000
26
WHEREAS, prior to 1998, delinquent City taxes were enforced pursuant to Article 10 of
New York State Real Property Tax Law, and
WHEREAS, since that time, the City has enforced delinquent taxes pursuant to Article 11
of New York State Real Property Tax Law, a process that vests the City with better title to
properties with unpaid taxes when the foreclosure proceedings are finalized, and
WHEREAS, the City still holds delinquent tax liens from periods prior to 1998, that cannot
yet be enforced under Article 11; now, therefore, be it
RESOLVED, That the City Chamberlain is authorized to accept payments of pre-1998 tax
liens, with penalties as outlined in Section C-44 of the City Charter, until these liens can be
enforced under Article 11, and be it further
RESOLVED, That any liens not enforced under Article 11 by November 2000 be relieved
with 2001 City taxes.
Carried Unanimously
19.10 Planning and Development – Request Approval and Funding of Consulting
Services for Transfer Approval of Time Warner, Inc. and America Online, Inc.
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the City of Ithaca is in negotiations with Time Warner Cable for the renewal of
a cable franchise, and
WHEREAS, Time Warner, Inc. and America Online, Inc. have taken steps to merge the
two companies into one entity, and
WHEREAS, the City of Ithaca is in receipt of the application for transfer submitted on the
part of Time Warner and America Online for transfer of the franchise due to the impending
merger between the two companies, and
WHEREAS, Rice, Williams Associates is currently under contract by the City of Ithaca for
the Time Warner Cable refranchise, and
WHEREAS, the cable refranchise and the merger are separate items with separate
timelines, and
WHEREAS, it is recommended that Rice, Williams Associates be contracted for the
amount not to exceed eight thousand dollars ($8,000) to review the application and perform
all tasks necessary to appropriately respond to the merger within the review period; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes and directs the Mayor to sign and
execute the contract with Rice, Williams Associates for consulting services for the transfer
of the cable franchise to the America Online, Inc. and Time Warner, Inc. merger at a cost
not to exceed eight thousand dollars ($8,000) including expenses, and, be it further
RESOLVED, That said funds will be advanced by the General Fund on an as-needed
basis, and, be it further
RESOLVED, That it is noted and understood that traditionally parties to the deal, in this
case America Online, Inc. and Time Warner, Inc., pay the cost of consulting. The
Consultant and the City will make every effort to recover the cost of the consultant fee after
approval of the transfer/merger.
Ayes (9) Manos, Pryor, Sams, Farrell, Vaughan, Blumenthal, Spielholz,
Hershey, Taylor
Nays (0)
Abstentions (1) Glasstetter
April 5, 2000
27
Carried
19.11 Planning and Development – Allocation of Additional Funds for the
Preparation of the Final Generic Environmental Impact Statement for the Southwest
Area Land Use Plan
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, on January 5, 2000, the Common Council authorized and directed the Mayor
to enter into a contract with The Chazen Companies to prepare the final GEIS for the
Southwest Area Land Use Plan for an amount not to exceed $50,000, including all
reimbursable expenses, and
WHEREAS, on March 24, 2000 The Chazen Companies presented the substantive/non-
substantive comment recommendation to Common Council, and
WHEREAS, due to the very large number of comments needing responses, The Chazen
Companies has requested additional funds for the preparation of the final GEIS; now,
therefore, be it
RESOLVED, That an additional budget of $25,000 be allocated from the southwest area
capital project #367 to be utilized for the purpose of the preparation of the final GEIS, and,
be it further
RESOLVED, That the Mayor is hereby authorized and directed to amend the fGEIS
contract with The Chazen Companies to reflect the increase in the not-to-exceed amount
by $25,000, making the total contract amount $75,000 including all reimbursable expenses.
Carried Unanimously
19.12 Building Department – Request to Amend Building Department’s 2000
Overtime Budget
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, the Building Department’s 2000 Budget did not include funds for overtime and
the Department expended $10,527 in overtime in 1999, and
WHEREAS, the Building Department will again need overtime funds in 2000 to administer
several of the Cornell University construction projects that are in the works and to help
alleviate the understaffed Building Department, and
WHEREAS, staff has estimated that $9,000 should be sufficient to cover the needed
overtime hours for the year 2000; now, therefore, be it
RESOLVED, That Common Council hereby approves an amount not to exceed $9,000 be
transferred from account A1990 Unrestricted Contingency to account A3620-5125 Building
Department Overtime for purposes of providing a 2000 Overtime budget.
Carried Unanimously
19.13 DPW – Approval of 1999 Sidewalk Assessments
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the 1999 Sidewalk Assessments have been reviewed by the Board of Public
Works, and
WHEREAS, the BPW has approved all 1999 sidewalk assessments except for the
following four properties; 112 Cascadilla, 417 Cascadilla, 417 West Buffalo and 124 East
Court Streets; now, therefore, be it
April 5, 2000
28
RESOLVED, That Common Council hereby approves the 1999 Sidewalk Assessment
Schedule attached, less the four properties appealing the assessment, and directs the City
Chamberlain to make the appropriate billing for said assessments.
Carried Unanimously
21.3 Common Council – Request to Approve Funds for Work Environment Task
Force Project
By Alderperson Vaughan: Seconded by Alderperson Sams
WHEREAS, one of the Work Environment Task Force main goals is to obtain a complete
picture of the City’s current work environment and after examination, make appropriate
policies and procedures to improve the City’s work environment, and
WHEREAS, an employee assessment survey has been created and preliminary data has
been collected to examine the City’s work environment, and
WHEREAS, the Task Force will be performing an in-depth data analysis on data collected
in the following areas: Oppression/Intimidation; Supervisory/Performance Management
and Health and Safety, and
WHEREAS, these additional data analysis meetings may produce overtime charges from
some of the employees involved, which has been estimated at no more than $10,000, and
WHEREAS, the employees meeting for those days will need food and supplies; now,
therefore, be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $1,800
from account A1990 Unrestricted Contingency to account A1430-5425 Human Resources
Office Expense for the purposes of providing food and supplies for the Work Environment
Task Force meetings, and, be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $8,200
from Unrestricted Contingency to Restricted Contingency to cover possible overtime
charges derived from said Work Environment Task Force meetings.
Carried Unanimously
RECESS:
Common Council recessed at 9:50 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 10:00 p.m.
A Local Law to Amend the Ithaca City Charter in Relation to the Fluoridation of the
Water Supplied by the City of Ithaca.
Mayor Cohen issued an emergency message regarding the need to consider the local
law this evening, hence waiving the requirement to lay the law on the table. He
explained that the following Resolution was drafted as a Statement of Intent to
accompany the Local Law.
Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Vaughan
WHEREAS, the Common Council is aware of the public interest in the issue of the
fluoridation of the city’s water supply, and
WHEREAS, the Common Council has been asked to take action on this issue, but is
specifically restricted by the Ithaca City Charter from doing so, and
WHEREAS, the City Charter states that the Common Council shall not enact or enforce
any local law or ordinance or resolution for any purpose pertaining in any manner to the
fluoridation of the water under the control of the city, and
April 5, 2000
29
WHEREAS, a State Attorney General’s opinion states that the City of Ithaca can change
this charter restriction if the voters decide to do so by a referendum vote, and
WHEREAS, the Common Council is supportive of having this issue presented to the
voters as a referendum, and
WHEREAS, by passing a Local Law that eliminates the restrictions placed on the
Common Council regarding the fluoridation of the city water supply, the Common
Council is taking the first necessary step to bring this issue to the voters, and
WHEREAS, it is not the intent of the Common Council to take a position, for or against,
on this issue, or for the Common Council to be involved in the subsequent debate of this
issue, and
WHEREAS, it is the intent of the Common Council to afford the public an opportunity to
engage in debate on the question of fluoridation and for the public to vote on this
question; now, therefore be it
RESOLVED, That the Common Council will vote on a Local Law that changes the City
Charter, to allow for a referendum to be put before the voters on November 7, 2000, to
decide on whether or not to fluoridate the city water supply.
Carried Unanimously
LOCAL LAW 2000 -
By Alderperson Sams: Seconded by Alderperson Blumenthal
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
SECTION 1. Section C-35 of the Ithaca City Charter, entitled “General
Legislative Powers,” is hereby amended to read as follows:
The legislative power of the city is vested in the Common Council, and it has
power to enact and enforce any ordinance or resolution not repugnant to the
Constitution or laws of this state for any local purpose pertaining to the government of
the city and the management of its business, the protection of the business and
property interests of its citizens, the preservation of order, peace and health and the
safety and welfare of the city and the inhabitants thereof, [except that it shall not enact
or enforce any local law or ordinance or resolution for any purpose pertaining in any
manner to the fluoridation of the water under the control of the city or of the Water
Department of the city government]; and it shall also have such powers of legislation, by
ordinance or resolution, as are conferred upon it by this Charter or any other provision
of law affecting the city not inconsistent with this Charter, except such as are specially
conferred by this Charter upon any separate department or board of the city
government. It shall have the management and control of the finances and of all the
property, real and personal, belonging to the city, except as otherwise provided by this
Charter or by any other provision of law not inconsistent therewith. The powers
conferred by this section are not limited by the enumerated powers in the following
section.
SECTION 2. Section C-61(A)(1) of the Ithaca City Charter is hereby
amended to read as follows:
The Board of Public Works shall take charge and, subject to the limitations
herein contained and the direction and review of the Common Council, shall have
control of the following departments of the city government, of the property belonging
thereto and of the appropriations made therefore: (1) Water[, except that it shall not in
any manner fluoridate the water under the control of the Water Department of the city
government].
April 5, 2000
30
SECTION 3. This Local Law shall be submitted to a referendum at the
next general election.
SECTION 4. This Local Law shall take effect after it is approved by the
electorate at the next general election and is subsequently filed in the Office of the
Secretary of State.
Carried Unanimously
20. NEIGHBORHOOD AND COMMUNITY ISSUES:
20.2 An Ordinance Amending Sections 325-213B(2)(b),325-23B(2)(c), 325-
23B(2)(d), 325-23B(2)(e), and 32523B(3) of Chapter 325 Entitled “Zoning” of the
City of Ithaca Municipal Code to Provide for Graffiti Removal
By Alderperson Taylor: Seconded by Alderperson Blumenthal
Ordinance No.00-______
WHEREAS, Common Council of the City of Ithaca wishes to provide for the
removal of graffiti within the City; now, therefore, be it
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
SECTION 1. Chapter 325, Section 325-23B(2)(b), entitled “Definitions” is hereby
amended to include the following definitions:
EXTERIOR STRUCTURES -- Include porch areas and the external walls of a building, as
well as fences and retaining walls.
GRAFFITI -- Any unauthorized inscription, word, figure, painting or other defacement
that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or
otherwise affixed to any surface of public or private property to the extent that the graffiti
was not authorized in advance by the owner or occupant of the property.
SECTION 2. Chapter 325, Section 325-23(2)(d) is amended to delete the phrase
“porch areas” and replace it with the phrase “exterior structures”.
SECTION 3. A new subsection (3) is added to Section 325-23(2)(d) to read as
follows: “[3] That any exterior structures that are defaced with graffiti do not remain so
defaced for a period longer than twenty (20) days, provided that if the subject graffiti can
reasonably be interpreted as being hateful or derogatory towards any person or any
group of persons by virtue of their actual or perceived race, color, religion, age,
disability, marital status, sexual orientation, military status, or national origin, then the
property owner may request that the city remove the graffiti at no expense to the
property owner.”
SECTION 4. In order to make Section 325-23B(2)(e) entitled “Responsibilities of
agents delegated by property owners” applicable throughout section 325-23B(2),
Section 325-23B(2)(e) is hereby amended by deleting “(c)” from the first sentence.
SECTION 5. Section 325-23B(3) is hereby amended as follows:
In any case in which the city intends to correct a violation of § 325-23B(1) or (2) and then
bill the property owner for the correction of the violation, the Building Commissioner or
his/her designee shall notify the owner of the property, and, where relevant, the registered
agent who has assumed responsibility as outlined in § 325-23B(2)(e) of this Code, in
writing, of any violation of this section. Such notice shall be served in person or by mail to
the address appearing on the city tax roll, requiring such person, within a time specified in
such notice but in no event less than five days from the service or mailing thereof, to
April 5, 2000
31
comply with this section and to cause the grass, brush or rubbish to be cut back or
removed or if graffiti to have the same removed so as to comply with this section. In the
event that graffiti removal is ordered during the winter months then upon receipt of a written
request from the property owner or agent within the time specified in the notice for removal,
the Building Commissioner may in his or her discretion extend the compliance period. Such
notice shall also state that the property owner may contest the finding of the Building
Commissioner by making a written request to have a hearing on the matter held at the next
regularly scheduled meeting of the Board of Public Works. This written request must be
mailed and postmarked or personally delivered to the Building Commissioner within the
five-day compliance period, and any such written request for a hearing shall automatically
stay further enforcement concerning the alleged violation pending such hearing. The
decision of the Board of Public Works, by majority vote, shall be binding, subject to any
further judicial review available to either the city or the property owner. Upon the failure of
such owner to comply with such notice or alternatively to request a hearing as aforesaid
within the time limit stated therein, or upon a Board of Public Works determination after a
hearing that a violation exists, the Building Commissioner shall refer the matter by
memorandum to the Superintendent of Public Works, who shall cause such premises to be
put in such condition as will comply and shall charge the cost thereof to the owner of said
premises, including a charge of 50% for supervision and administration. The minimum
charge to the property owners shall be $25. Bills rendered for such services shall be
handled in the manner prescribed by § 331-3 of the Code.
Section 6. This ordinance shall take effective immediately in accordance with the law
upon publication of a notice as provided by the Ithaca City Charter.
Carried Unanimously
21. NEW BUSINESS:
21.1 Code of Conduct Gun Manufacturers
By Alderperson Blumenthal: Seconded by Alderperson Glasstetter
WHEREAS, it is in the public interest to stem all forms of violence to the greatest extent
possible, and
WHEREAS, there is no one way to accomplish this goal, but rather a number of
strategies need to be developed to combat violence, and
WHEREAS, State Attorney General, Elliot Spitzer, has developed a gunmakers code of
conduct that lays out guidelines for gun manufacturers to follow, and in turn holds them
accountable for not doing so by garnering commitments from state and local agencies t
not purchase firearms from manufacturers who are not in compliance with the code of
conduct, and
WHEREAS, the Common Council is interested in seeing gun violence reduced, and
feels that the code of conduct is one tool that can help in this regard; now, therefore be
it
RESOLVED, That the Common Council hereby endorses and signs on to the Attorney
General’s gun manufacturers conduct.
Discussion followed on the floor with Chief Basile answering questions from Council
members. A vote on the Resolution resulted as follows:
Carried Unanimously
21.2 County Assessment of Agricultural Lands - Report
Mayor Cohen explained that he and other Village Mayors and Town Supervisors
presented a Resolution to the County Legislature last night requesting that the County
Assessment Office reconsider the assessments on vacant land, private forestland and
other open spaces. He stated that the Assessor has indicated a willingness to review
the situation.
April 5, 2000
32
Action on this item was deferred for further discussion.
21.3 Municipal Revenue Sharing – Resolution
By Alderperson Blumenthal: Seconded by Alderperson Glasstetter
WHEREAS, municipal revenue sharing as currently disbursed by the New York State
falls far short of the State Charter mandate, and
WHEREAS, in prior years municipal revenue sharing has been drastically cut by the
state, resulting in significant funding shortages for state municipalities and the services
they provide, and
WHEREAS, the state budget presented by Governor Pataki offered no increase in
revenue sharing for municipalities, and
WHEREAS, the State Assembly’s budget alternative increase municipal revenue
sharing by 5%, resulting in an increase to the City of Ithaca of $62,675, and
WHEREAS, the State Senate’s budget alternative increased municipal revenue sharing
by 20%, resulting in an increase to the City of Ithaca of $250,699; now, therefore be it
RESOLVED, That the Common Council and Mayor of the City of Ithaca urge both
Assemblyman Luster and Senator Seward to work with the respective counterparts in
the State Legislature to enact a state budget that increases municipal revenue sharing
by at least the 20% level recommended in the State Senate’s budget proposal.
Carried Unanimously
21.4 Motion to Enter into Executive Session Concerning a Matter of Litigation
By Alderperson Sams: Seconded by Alderperson Glasstetter
RESOLVED, That Common Council adjourn into Executive Session to discuss a matter
of litigation.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action taken.
21.5 Retainer Agreement – Resolution
By Alderperson Glasstetter: Seconded by Alderperson Sams
RESOLVED, That the Mayor is hereby authorized to sign a Retainer Agreement with
True, Walsh and Miller in the matter of an Article 78 proceeding in defense of the Board
of Zoning Appeals in an amount not to exceed $5,000.
Ayes (8) Manos, Pryor, Sams, Farrell, Glasstetter, Spielholz, Hershey, Taylor
Nays (1) Blumenthal
Carried
Alderperson Vaughan was absent from the vote.
ADJOURNMENT:
On a motion the meeting adjourned at 11:15 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor