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HomeMy WebLinkAboutMN-CC-2002-05-15 1 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 May 15, 2002 2 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 May 15, 2002 3 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. May 15, 2002 4 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 May 15, 2002 5 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 May 15, 2002 6 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. May 15, 2002 7 ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor