HomeMy WebLinkAboutMN-CC-2002-05-15
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 7:30 p.m. May 15, 2002
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Blumenthal, Mack, Manos,
Whitmore, Vaughan, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
Deputy Director of Planning and Development – Cornish
Human Resources Director – Michell-Nunn
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
SPECIAL ORDER OF BUSINESS:
A Public Hearing to Consider a Local Law Amending Chapter 325
Entitled “Zoning” of the City of Ithaca Municipal Code to Provide
for a Temporary Moratorium on the Permitting and Construction of
New Telecommunications Towers
Resolution to Open Public Hearing
By: Alderperson Vaughan: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing be declared open.
Carried Unanimously
Fay Gougakis, City of Ithaca addressed Council in favor of the
implementation of a Telecommunication Tower Moratorium.
Resolution to Close Public Hearing
By Alderperson Pryor: Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing be declared closed.
Carried Unanimously
A LOCAL LAW AMENDING CHAPTER 325 ENTITLED “ZONING” OF THE CITY OF
ITHACA MUNICIPAL CODE TO PROVIDE FOR A TEMPORARY MORATORIUM ON
THE PERMITTING AND CONSTRUCTION OF NEW TELECOMMUNICATIONS TOWERS
By Alderperson Manos: Seconded by Alderperson Whitmore
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 permitting and construction of telecommunications towers.”
Section 2. Purpose.
(A) 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 the city from inappropriate
development promotes the general welfare of the community.
(B) The Federal Telecommunications Act preserves the
authority of local governments over reasonable nondiscriminatory
decisions regarding the placement, construction and modification
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of personal wireless service facilities, often referred to as
wireless telecommunications facilities. It appears there will be
a continual interest and need to construct such facilities to meet
demand and accommodate new technologies within the State and the
City of Ithaca. The City of Ithaca has received several requests
to locate such facilities.
(C) The City of Ithaca has significant concerns over the
location of telecommunications towers within the City. The zoning
regulations of the City of Ithaca were adopted at a time before
telecommunications towers existed, and appropriate siting and
development standards do not exist. As wireless
telecommunications facilities are used more and more for the
transmission of data, wireless telecommunications providers have a
burgeoning need for capacity, which is being met through various
evolving technologies and siting designs. Given the rapidly
evolving nature of the industry and underlying technology, the
City of Ithaca has not had an opportunity to review and analyze
the range of land use and regulatory issues currently raised by
such facilities. The City of Ithaca would like to ensure that the
installation of wireless telecommunications facilities proceeds in
a fashion that minimizes any adverse impacts while maximizing
services and benefits to the community. The City of Ithaca wants
to accommodate the need for wireless telecommunications facilities
while regulating their location and number; minimize adverse
visual impacts through proper design, siting and screening; and
avoid potential physical damage to adjacent properties.
(D) This law is necessary to address the City of
Ithaca’s concerns by barring final decisions on applications for
tower construction in order to allow the Ithaca Common Council
time to research the issues and adopt a local law regulating
wireless telecommunications facilities consistent with the
comprehensive plan of the City of Ithaca. The City of Ithaca
hopes to develop legislation that will establish a clear and
understandable permitting process to guide local officials and
businesses. To facilitate this effort, the Ithaca Common Council
will seek the input of citizens through the public hearing process
and will request comments and suggestions from wireless service
providers within the area.
Section 3. Definitions.
(A) “Telecommunications tower” means a structure on
which one or more telecommunication antenna will be located, that
is intended for transmitting and/or receiving radio, television,
telephone, wireless or microwave communications for an FCC
licensed carrier, but excluding those used exclusively for fire,
police and other dispatch communications, or exclusively for
private radio and television reception and private citizen’s
bands, amateur radio and other similar private, residential
communications.
(B) “Telecommunication antenna” means a system of
electrical conductors that transmit or receive radio frequency
waves.
Section 4. Imposition of Moratorium.
(A) For a period of one hundred eighty (180) days from
and after the effective date of this law, no final decision shall
be made on any application for the construction or erection of a
telecommunications tower, and no person, firm or corporation shall
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construct or erect a telecommunications tower which has not
received final approval prior to the effective date of this law.
For the purpose of this law, final decision or final approval
shall be deemed to mean any approval which would in any way
authorize the construction or erection of a telecommunications
tower.
(B) During the period of the moratorium, the Building
Commissioner shall cease to issue building permits for the
construction or erection of telecommunication towers.
(C) During the period of the moratorium, no special
permits shall be granted and no site plans shall be approved,
whether by action or inaction of the Board of Zoning Appeals,
Planning and Development Board, or Department of Planning and
Development, and no other approvals or permits for
telecommunications towers shall be granted by any board, committee
or officer of the City. This local law shall be binding on all
City departments, boards and commissions and on any applicant for
the construction or erection of a telecommunication tower in the
City.
(D) The imposition of this law shall not affect the
acceptance or processing of new and pending wireless
telecommunications applications. This law shall not apply to the
placement of telecommunications antennas and equipment on existing
structures, nor shall it apply to applications for which final
approval has been granted prior to the effective date of this law.
Section 5. Applications for Relief.
Whenever there is a showing by persons, firms or
corporations who 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 Ithaca Common Council, upon petition, may grant
appropriate relief from this local law subject to whatever
conditions are deemed necessary to protect the public’s health,
safety and welfare. Applications for such relief shall be by
verified petition to the Ithaca Common Council and shall be
supported by competent financial evidence in dollars and cents
form. The Ithaca 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 Ithaca 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 New York Civil Practice Law and Rules.
Section 6. Penalties.
(A) Any person, firm or corporation that shall construct
or erect a telecommunications tower 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 that conflict with this local law.
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Section 7. Supercession.
(A) General City Law §27-a is hereby superceded in its
application to the City of Ithaca by restricting the authority of
the Planning and Development Board to review and approve site
plans for telecommunications towers.
(B) General City Law §§81 and 81-a are hereby
superceded in their application to the City of Ithaca by
restricting the authority of the Board of Zoning Appeals to grant
special permits for telecommunications towers.
(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 for
telecommunications towers.
(D) This local law is intended to supercede any
inconsistent provision of the City Charter or Code.
Section 8. 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 9. Effective Date.
This law will take effect immediately upon filing with
the Secretary of State of the State of New York.
Carried Unanimously
NEW BUSINESS:
Motion to Enter into Executive Session:
By Alderperson Manos: Seconded by Alderperson Peterson
RESOLVED, That Common Council adjourn into Executive Session to
discuss the employment history of an individual employee.
Carried Unanimously
Alderpersons Blumenthal and Hershey arrived at the meeting at
approximately 8:15 p.m.
Reconvene:
Common Council reconvened into Regular Session at 8:40 p.m. with
no formal action taken.
Resolution
By Alderperson Peterson: Seconded by Alderperson Vaughan
WHEREAS, it appeared in the summer and early fall of 2001 that
the New York State Legislature was not intending to enact Early
Retirement legislation as it had for many years prior, and
WHEREAS, due to the absence of a New York State Early Retirement
Incentive Program, Common Council passed a resolution November 7,
2001, creating an Early Retirement Incentive Program for the City
of Ithaca (“City”), and
WHEREAS, then-City Controller Dominick Cafferillo (“Cafferillo”)
submitted his intention to participate in the City’s Early
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Retirement Incentive Program, with a retirement date of no later
than May 10, 2002, and
WHEREAS, in mid-November 2001 Cafferillo began to receive the
pay-out of sick leave benefit he was entitled to under Management
Benefit Policy as a salary enhancement, and
WHEREAS, on December 5, 2001, Common Council passed a resolution
appointing Steve Thayer to the position of City Controller
effective upon Cafferillo’s retirement on May 10, 2002, and
WHEREAS, in late 2001 – early 2002 the City received word that
the New York State Legislature was likely to approve a State
Early Retirement Incentive Program and that such passage was
imminent, and
WHEREAS, effective May 13, 2002, Steve Thayer (“Thayer”) has
assumed the position of Controller of the City of Ithaca, and
WHEREAS, the New York State Legislature has not yet enacted Early
Retirement Incentive Legislation, but Cafferillo desires to
participate in such program if it is enacted and adopted by the
City of Ithaca prior to July 15, 2002, and
WHEREAS, Cafferillo has submitted in writing his intention to
retire on July 15, 2002, and such retirement would be under the
City’s Early Retirement Incentive Plan if no New York State Early
Retirement Incentive plan is adopted prior to July 15, 2002, and
WHEREAS, Cafferillo has long served the City with diligence and
distinction, and the City has benefited greatly from his
expertise and efforts, and
WHEREAS, Controller Thayer has expressed his desire to consult
with former Controller Cafferillo to assist him in transition
into his new duties as Controller, and such would be in the best
interests of the City, and
WHEREAS, former Controller Cafferillo has expressed his
willingness to act in an advisory/consulting capacity to
Controller Thayer and the City of Ithaca, and
WHEREAS, Cafferillo, due to personal reasons, desires to take a
leave (without pay) to remain as a City employee with a revised
retirement date of no later than July 15, 2002; now, therefore,
be it
RESOLVED, That effective May 13, 2002, Cafferillo is appointed to
the position of Deputy Controller for the City of Ithaca, and, be
it further
RESOLVED, That Deputy Controller Cafferillo be placed on a leave
without pay effective May 13, 2002, to last no longer than his
revised retirement date, which shall be on or before July 15,
2002, and, be it further
RESOLVED, That pursuant to the Management Benefit Policy
Cafferillo be paid for six (6) weeks of accumulated and unused
annual leave, upon his retirement, and, be it further
RESOLVED, That Cafferillo will pay to the City interest in the
amount of $38.00 to reflect the payout referred to in the fourth
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Whereas clause which began two months earlier than the six (6)
months in advance of retirement as set forth in the management
benefits polity, and, be it further
RESOLVED, That if both the Common Council and Cafferillo agree,
the City will engage Cafferillo, as a consultant to assist and
advise Controller Thayer at Thayer’s discretion and direction,
pursuant to a contract to be executed by the Mayor, for services
at the rate of One Hundred Twenty-Five Dollars ($125) per hour,
not to exceed the sum of Eight Thousand Dollars ($8,000), and, be
it further
RESOLVED, that Common Council hereby authorizes the transfer of
an amount not to exceed Eight Thousand ($8,000) from A13155105 to
A-13155435 to cover this expense.
Alderperson Manos stated that her vote on this resolution is not
a reflection on the years of dedicated and diligent service
Dominick Cafferillo gave to the City of Ithaca.
Alderpersons Hershey, Vaughan, and Pryor voiced their support for
this resolution, as they believe that it is in the best interest
of City.
A vote on the Resolution resulted as follows:
Ayes (8) Pryor, Whitmore, Vaughan, Blumenthal,
Peterson, Mack, Hershey, Cogan
Nays (1) Manos
Carried
Announcements:
Alderperson Peterson stated that there is a scheduled Common
Council Committee of the Whole meeting on May 16, 2002 at 7:30
p.m. in Common Council Chambers. The topic of discussion will be
the Cayuga Green Project.
Alderperson Pryor stated that the postponed meeting of the
Neighborhood and Community Issues Committee has been rescheduled
for May 23, 2002 at 7:30 p.m. in Common Council Chambers. The
main topic of discussion will be the widening of Spencer Street.
Alderperson Vaughan announced that the Budget and Administration
Committee will be meeting on May 29, 2002 at 7:00 p.m. in Common
Council Chambers.
Alderperson Cogan announced that a Fifth Ward Neighborhood
meeting has been scheduled for May 20, 2002 from 7:00 p.m. – 9:00
p.m. at Fall Creek School to discuss the Tompkins County property
reassessment program.
Alderperson Vaughan announced that Belle Sherman Elementary
School is holding their annual fair at 6:00 p.m. on May 17, 2002.
She urged the community to attend.
Alderperson Hershey urged residents to get out and vote on May
21, 2002 from 12:00 p.m. – 9:00 p.m. for the Ithaca City School
Board elections and district budget vote.
ADJOURNMENT:
On a motion the meeting adjourned at 8:55 P.M.
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________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor