HomeMy WebLinkAboutMN-CC-2013-02-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. February 6, 2013
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith,
Kerslick, Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Economic Development Deputy Director – DeSarno
Human Resources Director – Michell-Nunn
GIAC Director - Fort
GIAC Deputy Director – McBean-Clairborne
Information Technology Director – Twardokus
Fire Chief – Parsons
City Chamberlain - Parsons
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Special Presentations Before Council:
Mayor Myrick stated that the presentations before Council would be made in the
following order:
1. Reports:
A. Board of Fire Commissioners
B. Bicycle Pedestrian Advisory Council
C. Youth Council Appointments
2. Presentations:
A. Sustainability strategies
B. Proclamation to Delta Sigma Theta Sorority for 100 years of exceptional
public service to the Ithaca community, and declaration of January 13,
2013 as delta Sigma Theta Sorority Day in the City of Ithaca
3. Appointments:
A. Appointment of Jack Elliott to the Planning and Development Board
Planning Committee:
Chair Dotson requested that Item 10.1 entitled “MLK Sculpture Installation at Southside
Community Center – Resolution” be withdrawn from the agenda.
No Common Council Member objected.
SPECIAL ORDER OF BUSINESS:
4.1 Presentation of the J. Diann Sams Annual African American History Month
Recognition Award Honoring Leslyn McBean-Clairborne and William (J.R.) B.
Clairborne, Jr. - Resolution
By Alderperson Brock: Seconded by Alderperson Murtagh
WHEREAS, In keeping with the vision of Dr. Carter G. Woodson, known as the “Father
of Black History”, whose lifelong devotion to educating African Americans about the
significant cultural, social and economic impacts of African Americans in U.S. history led
to the modern-day, month-long observance of Black, or African American, History
Month, the City of Ithaca Common Council in 2004 established a tradition of honoring
an individual of great esteem and inspiration whose outstanding contributions,
leadership, and accomplishments highlights the positive impacts local African American
residents have on our community and society in Ithaca; and
February 6, 2013
2
WHEREAS, The first recipient of this honor was Alderperson J. Diann Sams -- a civil
rights leader, long-time public servant, and the first African American woman who also
had a disability to serve on Common Council – and this annual recognition was
renamed in her honor after her passing in 2007 to commemorate her tireless efforts on
behalf of African Americans and other underrepresented populations in and around
Ithaca; and
WHEREAS, Common Council has awarded the following outstanding leaders with said
recognition in subsequent years:
- 2005, Dr. James Turner
- 2006, Mr. Calemeze (Cal) D. Walker
- 2007, Mrs. Frances Eastman
- 2008, Ms. Lucy J. Brown
- 2009, Ms. Marcia J. Fort
- 2010, Mr. and Mrs. Abraham A. and Denise C. Dendtler Lee
- 2011, Mr. Karl A. Graham
- 2012, Mr. Kenneth E. Glover
WHEREAS, such two individuals who have made an indelible stamp upon Ithaca history
and are so revered that they are worthy of community recognition are Mrs. Leslyn
McBean-Clairborne and Mr. William (J.R.) B. Clairborne, Jr., both stalwart and
outspoken community advocates and lifelong public servants who have dedicated their
personal and professional lives to improving the lives of our residents and whose
commitment to service is an inspiration to others; and
WHEREAS, Mrs. McBean-Clairborne and Mr. Clairborne have throughout their careers
worked on behalf of the disenfranchised and the less fortunate, have been unflinching
voices on issues of social and economic justice, and have consistently worked to
enhance government services for and sensitivity to those in need; and
WHEREAS, Mrs. McBean-Clairborne, as Deputy Director of the Greater Ithaca Activities
Center (GIAC), has ensured that our youth, seniors and those in fragile personal and
economic situations receive necessary support and assistance so they may grow as
individuals and as empowered members of our community and in 2011 she received the
Harriet Tubman Humanitarian Achievement Award for her selfless dedication to
improving upon the quality of life of the less fortunate in Tompkins County; and
WHEREAS, Mrs. McBean-Clairborne has served as County Legislator representing the
City of Ithaca since 2001, serving on both the Public Safety Committee and as Chair of
the Workforce Diversity and Inclusion Committee, and in 2006 was the first person of
color to be elected by the Legislature to serve as its Vice Chair; and
WHEREAS, Mrs. McBean-Clairborne, brings her many years of experience and
expertise as a local and national volunteer mediator to her public service demonstrating
her devotion to assisting others in navigating challenging personal, cultural and
professional circumstances, and her focus on realizing long-term and sustainable
resolutions; and
WHEREAS, Mr. Clairborne, U.S. Navy veteran and former criminal justice reporter for
the Ithaca Journal, is known for his open mind and open heart, dedicated to resolving
conflicts through communication, collaboration and understanding, and achieving a win-
win solution acceptable by all; and,
WHEREAS, Mr. Clairborne’s determined commitment to enhancing personal and
community empowerment by supporting and promoting youth services, neighborhood
vitality, cultural identity, serving the needs of the under privileged and those facing hard
times has made him a leader in the community known for his sensitivity, empathy and
encouragement, and
WHEREAS, Mr. Clairborne has served as Alderperson for the City of Ithaca
representing the Second Ward since 2006, serving as Chair of the City Administration
February 6, 2013
3
Committee with a dedication to enhancing transparent and participatory government
and due process for all; and
WHEREAS, like Alderperson Sams, Mrs. McBean-Clairborne, and Mr. Clairborne’s
devotion to helping improve the quality of life for Ithaca’s residents of all ages, cultures
and backgrounds has significantly contributed to the creation of a better future for our
city; and
WHEREAS, in their nominating statement, the panel of this award’s past recipients
note:
“They have served our community as elected officials for 13 and 8 years,
respectively. They are committed to public service and are strong advocates for
justice and equality. They represent the ideas and principles that J. Diann Sams
believed in and fought for. They are very deserving of this honor in her name”;
now, therefore be it
RESOLVED, That the City of Ithaca Common Council urges all citizens to recognize the
invaluable contributions of these positive, affirming, and dedicated citizens – Mrs.
Leslyn McBean-Clairborne, and Mr. William (J.R.) B. Clairborne, Jr. – who, through their
commitment to our youth and through their service to the residents of our Community,
have become stalwart examples of the many prominent figures we celebrate throughout
history, particularly African American history; and be it further
RESOLVED, That in so doing, Mrs. Leslyn McBean-Clairborne, and Mr. William (J.R.)
B. Clairborne, Jr. are worthy of honor not only each year in February, but throughout the
entire calendar year.
Carried Unanimously
Mr. and Mrs. Clairborne were presented with Hawaiian leis from Alderperson Brock. Mr.
Jack Bradley Nelson, son of J. Diann Sams, spoke of the many qualities and attributes
that the Clairbornes share with the community on a daily basis. He spoke of their
personal relationships with his mother and how pleased she would be with this award
presentation. Mr. and Mrs. Clairborne expressed their thanks and appreciation for the
recognition and award.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update on the City of Ithaca Youth Council
Jen Handy, Youth Council Program Leader and Patrick Hollister, Chair of the Youth
Council provided a brief update on the following activities they will be undertaking in the
coming year:
• The Youth Council is excited about the new slate of appointees who will be
sworn into service on Monday, February 11, 2013 at 6:45 p.m. A celebration will
follow at Life So Sweet candy shop.
• Community Service Day. April 27, 2013 – The Youth Council will be working on
projects at Stewart Park
• The Information Technology Department, Public Information Division, and
Friends of the Youth Bureau have been working together to develop a film
program, funded through a grant from Best Buy. The program is intended to
teach kids about film production and share educational pieces with the
community similar to the videos recently completed: What is a Mayor? and What
the Mayor is.
15.3 Youth Council Appointments – Resolution
By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff
RESOLVED, That the following youth be appointed to the City of Ithaca Youth Council
with terms to expire as indicated:
February 6, 2013
4
Shubhendu Gami Term ends June 30, 2013
Patrick Hollister Term ends June 30, 2013
September Johnson Term ends June 30, 2013
Amber Bek Term ends June 30, 2013
Oseoba Airewele Term ends June 30, 2014
Sam Wagner Term ends June 30, 2014
Simone Davis Term ends June 30, 2014
Etienne Grenier Term ends June 30, 2014
Shahid Naeem Term ends June 30, 2014
Jean Sinon Term ends June 30, 2015
Associate Members:
Leyla Dietrich Term ends June 30, 2015
Dekhari Stewart Term ends June 30, 2015
Eowyn Hawley Term ends June 30, 2015
Shenice Middleton-Lee Term ends June 30, 2015
Environmental Issues Member (non-voting):
Gabe Shapiro Term ends June 30, 2014
Carried Unanimously
5.2 Sustainable Strategies:
Matt Ward provided a brief presentation on the history of Sustainable Strategies and the
projects included in the contract that they recently entered into with the City of Ithaca.
Representatives from Sustainable Strategies will be meeting with city departments and
partner agencies in the near future in an effort to move these projects forward.
5.3 Report from Bicycle Pedestrian Advisory Council (BPAC):
Chair, David Nutter, reported that BPAC would like to share their support for or
recommendation of the following projects:
1) Supports the removal of minimum parking requirements
2) Supports option 2B for the design of the East State/MLK - Mitchell Street
intersection
3) Supports a "Complete Street" design for Old Elmira Road
4) Requests a change in the sidewalk policy as they view sidewalks as a public
amenity.
5) Recommends that streets on hills be striped wider going uphill than downhill
to reduce bicycle/pedestrian/ vehicle conflicts
6) Support for a climbing bike lane on Maple Avenue linking to the East Hill
Recreation Way per the Ithaca Bicycle Plan
7) Progress toward getting crash information to analyze for safety recommendations
8) Working through ITCTC toward completing the pedestrian link on NYS-96B
9) Recommending the Black Diamond Trail for a funding opportunity for multi-
modal, economic, social, and environmental projects
5.4 Board of Fire Commissioners:
Commissioner Lyman Baker reported to Common Council on the following items:
A. A Remembrance ceremony was held on December 7, 2012 at the Ithaca City
Cemetery in memory of the tragic event that occurred 106 years ago. Three volunteer
firemen were killed and four Cornell students died in the Chi-Phi Fraternity fire.
B. The fire commissioner’s sub-committee is in the process of reviewing the Fire
Department’s 1995 volunteer handbook.
C. There are currently 15 active volunteer firefighters and fire police, and one
volunteer fire company in the City of Ithaca.
D. The training division of the Ithaca Fire Department had 629 different class
sessions in 2012 for a total of 13,000 hours.
E. There were 4,871 alarms in 2012.
February 6, 2013
5
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council on the following topics:
Joel Harlan, Town of Newfield, voiced his support for local development projects, and
the Town of Ithaca’s housing development project.
Rima Shamieh, City of Ithaca and Chair of the Conservation Advisory Council, voiced
her support of the proposed appointment of C.J. Randall to the Planning and
Development Board.
Kristen Olson, City of Ithaca and Representative from Historic Ithaca, voiced her
support for the designation of the Henry St. John Historic District.
Fay Gougakis, City of Ithaca, voiced her concern for her safety as a bicyclist/pedestrian
regarding texting while driving and vehicles with tinted windows. She further voiced
concern about potential health impacts to residents living on the Commons because of
the upcoming reconstruction of the Commons.
Richard Guttridge, City of Ithaca, voiced his support for the designation of the Henry St.
John Historic District.
Neha Khanna, City of Ithaca, voiced her support for the designation of the Henry St.
John Historic District. She further expressed her thanks to Historic Planner Truame,
Historic Ithaca members, and Common Council for their work on this designation.
Eric Rosario, City of Ithaca, voiced his support for the designation of the Henry St. John
Historic District. He further extended his congratulations to Mr. and Mrs. Clairborne as
the 2013 recipients of the J. Diann Sams Annual African American History Month
award.
Susan Monagan, City of Ithaca, voiced her support for the designation of the Henry St.
John Historic District.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made about the upcoming Commons
reconstruction project. He explained that the City is hiring an Outreach Coordinator,
which will be part of the project management team. He stated that additional public
information sessions about the project will be scheduled, and noise and dust mitigation
are top priorities for the project.
Alderperson Murtagh echoed Mayor Myrick’s comments and reported that he spoke
with the project manager about concerns that have been raised by constituents. He
further expressed his thanks to Historic Planner Truame for her work in the designation
of the Henry St. John Neighborhood as an official historic district in the City of Ithaca.
Alderperson Clairborne responded to comments about the Commons Redesign project
and historic preservation efforts in the City of Ithaca.
City Clerk Holcomb announced the availability of the 2013 Annual Disclosure forms for
the Mayor and Common Council. They are available for public review in the City Clerk’s
Office Monday - Friday between 8:30 a.m. and 4:30 p.m.
Alderperson Dotson disclosed that she works for Ithaca Carshare and explained that
there is no longer a business relationship between Ithaca Carshare and the property
owner of 307 College Avenue.
February 6, 2013
6
CONSENT AGENDA ITEMS:
City Clerk’s Office:
8.1 Request of Downtown Ithaca Alliance to Permit the Sampling and Sale of
Bottled Wine, Hard Cider, and Beer at the Great Downtown Ithaca Chili Cook-Off
on the Commons – Resolution
By Alderperson Smith: Seconded by Alderperson Proulx
RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the
sale and sampling of New York State bottled wine, hard cider, and beer at booths during
the Great Downtown Ithaca Chili Cook-Off on February 16, 2013 on the Ithaca
Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries and
breweries shall comply with all applicable state and local laws and ordinances, and shall
enter into an agreement providing that it will hold the City harmless and indemnify the
City on account of any claims made as the result of the sampling and sale of bottled
wine, hard cider, and beer on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery, cider
company or brewery shall agree to maintain liability insurance in the amount of
$1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00,
and shall provide evidence of such insurance to the City Clerk.
Carried Unanimously
City Administration Committee Consent Agenda Items:
8.2 City Administration – DPW – Water and Sewer Division– Amendment to
Personnel Roster - Resolution
By Alderperson Smith: Seconded by Alderperson Proulx
WHEREAS, under Item 8.4 on the Common Council Agenda for the September 5, 2012,
meeting, one Financial Management Assistant in the Water and Sewer Division of the
Department of Public Works requested and received a temporary reduction in her
workweek from forty (40) hours/week to thirty (30) hours/week to allow her to address
family needs, and
WHEREAS, this employee has since retired in December 2012, and the temporary
adjustment to thirty (30) hours/week was originally set to carry from October 1, 2012
until March 31, 2013, and
WHEREAS, the City has advertised, interviewed and selected a new employee to fill the
position of one Financial Management Assistant in the Water and Sewer Division and
now has the need for the return to the forty (40) hours/week workweek, and
WHEREAS, this position is funded for forty (40) hours/week in the Water and Sewer
Division 2013 Budget; now, therefore be it
RESOLVED, That Common Council hereby amends the 2013 Authorized Personnel
Roster for Water and Sewer as follows, that the workweek of this one Financial
Management Assistant position in the Water and Sewer Division of the Department of
Public Works be and hereby is restored to forty (40) hours/week, and be it further
RESOLVED, That this roster amendment shall take effect January 9, 2013.
Carried Unanimously
8.3 Human Resources – Request to amend Various Departmental Rosters -
Resolution
By Alderperson Smith: Seconded by Alderperson Proulx
WHEREAS, the New York State Retirement System requires that the standard workday
be established for all positions in City government for the purpose of determining
reportable days worked, and
WHEREAS, the 2013 authorized budget resulted in the adjustment of several employee
workweek schedules; now therefore be it
February 6, 2013
7
RESOLVED, That Common Council hereby amends the 2013 Authorized Roster and
establishes the following standard workdays for the sole purpose of determining days
worked reportable to the New York State and Local Employees’ Retirement System for
the following positions:
Increase in Hours:
Youth Program Assistant (Youth Bureau) from 17.5 to 25 hour workweek;
five (5) hour work day
Executive Assistant (GIAC) from 35 to 40 hour workweek;
eight (8) hour work day
Receptionist (Building Department) 20 to 40 hour workweek;
eight (8) hour work day
Decrease in Hours:
Youth Program Leader (Youth Bureau) from 35 to 30 hour workweek;
six (6) hour work day
Carried Unanimously
8.4 City of Ithaca – IURA Agreement Governing Administration of HUD
Entitlement Funds Awarded to City of Ithaca - Resolution
By Alderperson Smith: Seconded by Alderperson Proulx
WHEREAS, on August 27, 2012, the U.S. Department of Housing & Urban
Development requested an agreement be executed between the City of Ithaca (City)
and the Ithaca Urban Renewal Agency (IURA) to clarify roles and responsibilities for
administering Community Planning and Development (CPD) Formula Grants awarded
to the City, including CDBG and HOME grants, and
WHEREAS, HUD correspondence clarified that the request for an agreement between
the City and the IURA does not result from any performance deficiency, and
WHEREAS, the IURA prepared a proposed agreement to memorialize current roles and
responsibilities of the IURA in administration of the CDBG and HOME grants awarded
to the City, and
WHEREAS, as requested by HUD, the IURA has transferred grant accounts from the
IURA to the City so that new grant funds received will be deposited into the City’s bank
account and transferred to the IURA bank account upon approval of voucher requests
to meet CPD grant obligations, and
WHEREAS, on December 14, 2012, the IURA reviewed and approved the Agreement
Governing Administration of HUD Entitlement Funds Awarded to the City of Ithaca,
dated 12/12/12; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the
Mayor, upon the advice of the City Attorney, to execute the attached Agreement
Governing Administration of HUD Entitlement Funds Awarded to City of Ithaca, dated
12/12/12.
Carried Unanimously
8.5 Finance/Controller – Request Funds for City Hall Server Room Air
Conditioning System Replacement - Resolution
By Alderperson Smith: Seconded by Alderperson Proulx
WHEREAS, the existing air conditioning system unit in the City Hall server room is in
need of replacement, and
WHEREAS, City Staff has received quotes for replacement and installation of a new
unit in the amount of $4,710, and
February 6, 2013
8
WHEREAS, funds are not available in the current 2013 authorized budget to replace
this unit, and
WHEREAS, the 2013 Unrestricted Contingency account has $120,000 available for
unanticipated expenses; now, therefore be it
RESOLVED, That Common Council hereby authorizes an amount not to exceed
$4,710 be transferred from Account A1990 Unrestricted Contingency to A1320-5225
IT Other Equipment for the purpose of said server room air conditioning system
replacement.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
9.1 City Administration Committee - HR Request to Approve Establishment of
Standard Workday - Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, the New York State Retirement System requires that the standard workday
be established for all positions in City government for the purpose of determining
reportable days worked, and
WHEREAS, the workweek for the position of Director of Information Technology was
reduced to thirty-two (32) hours per week effective January 1, 2013, and
WHEREAS, the workweek for the position of Director of Economic Development was
reduced to thirty-five (35) hours per week effective January 1, 2013, and
WHEREAS, the New York State Retirement System recognizes workweeks of thirty (30)
or more hours as full-time workweeks for the purpose of determining retirement service
credit; now, therefore be it
RESOLVED, That the Common Council hereby establishes the following standard
workdays for the sole purpose of determining days worked reportable to the New York
State and Local Employees’ Retirement System:
Six and four-tenths (6.4) hour workday; Thirty-two (32) hour workweek:
Director of Information Technology
Seven (7) hour workday; Thirty-five (35) hour workweek:
Deputy Director of Economic Development
Carried Unanimously
9.2 DPW - Creation of Director of Parking Position - Resolution
By Alderperson Proulx: Seconded by Alderperson Dotson
WHEREAS, as part of the 2013 approved budget, the position of Director of Parking
was established; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works shall be
amended as follows:
Add: Director of Parking (40 hours)
and, be it further
RESOLVED, That the position of Director of Parking shall be assigned to the
Managerial Compensation Plan at salary Grade 3, and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week).
February 6, 2013
9
Discussion followed on the floor regarding the proposed starting date for the Director
of Parking, the potential for this person to weigh in on issues such as the minimum
parking requirements, and capital improvement funding sources.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Approval of Extension of Exemption from Real Property Taxes and
Provision for In-Lieu Payments, with Regard to City of Ithaca Tax Parcel Numbers
41.-1-3.1, 41.-1-3.2, 44. -3-3, 44.-4-1, 44.-5-3, 44.-8-1, 51.-2-15, 80.-3-10 and 103.-3-1
Pursuant to Section 52 of the Public Housing Law of the State of New York -
Resolution
By Alderperson Proulx: Seconded by Alderperson Brock
WHEREAS, the Ithaca Housing Authority (hereinafter referred to as the “IHA”) is a
municipal housing authority created and established by virtue of §429 of the Public
Housing Law and is the current owner of the lands and premises in the City of Ithaca,
County of Tompkins, State of New York know as 412 Hector Street (T.P # 41.-1-3.1),
412 Hector Street (T.P # 41.-1-3.2), 520 Hancock Street (T.P # 44. -3-3), Hancock
Street (T.P # 44.-4-1), 111 Morris Avenue T.P # 44.-5-3), 625 Hancock Street (T.P #
44.-8-1), 312 Esty Street (T.P # 51.-2-15), 414 - 422 South Plain Street (T.P # 80.-3-
10), 319 Wood Street (T.P # 103.-3-1) and 800 South Plain Street (Titus Towers) (T.P #
104.-1-2) (hereinafter referred to as the “Properties”) which properties are used for the
provision of affordable rental housing to qualified persons or families of low income; and
WHEREAS, pursuant to §52(3) of the Public Housing Law of the State of New York, as
a municipal housing authority the IHA is entitled to and has enjoyed an exemption from
local real property taxes subject to certain required payments in lieu of such taxes; and;
WHEREAS, pursuant to §52(5) of the Public Housing Law of the State of New York tax
exemptions from real property taxes for municipal housing authorities shall not operate
for a period of more than fifty years, commencing in each instance from the date on
which the benefits of such exemption first became available and effective (hereinafter
referred to as the “Effective Date”); and
WHEREAS, pursuant to §52(6) of the Public Housing Law of the State of New York, the
IHA, as a municipal housing authority, may upon the expiration of the initial tax
exemption period (hereinafter referred to as “Expiration Date”), be granted an additional
tax exemption period of up to fifty years;
WHEREAS, there is an incomplete record of the effective date of the first initial tax
exemption period for all of the IHA properties. The effective date of the initial tax
exemption period on the Hancock Street properties (T.P # 44. -3-3, T.P # 44.-4-1 and
T.P # 44.-8-1) was March 1, 1973, and granted for a forty (40) year period. The
effective date of the initial tax exemption period on 800 South Plain Street (Titus
Towers) (T.P # 104.-1-2) was granted on or about March 1, 1974, also for a forty (40)
year period. There are no accurate records of the effective date for the remaining
properties; and
WHEREAS, as a result of the expiration of the exemption for the Hancock Street
properties and to ensure the accuracy of the effective date of the exemption date for the
remaining properties (other than Titus Towers) and pursuant to §52(5) of the Public
Housing Law of the State of New York the IHA now seeks an extension of the effective
date for an extension of the tax exemption period for an additional forty (40) year period
to commence March 1, 2013, for the following properties; 412 Hector Street (T.P # 41.-
1-3.1), 412 Hector Street (T.P # 41.-1-3.2), 520 Hancock Street (T.P # 44. -3-3),
Hancock Street (T.P # 44.-4-1), 111 Morris Avenue T.P # 44.-5-3), 625 Hancock Street
(T.P # 44.-8-1), 312 Esty Street (T.P # 51.-2-15), 414 - 422 South Plain Street (T.P #
80.-3-10) and 319 Wood Street (T.P # 103.-3-1); and
WHEREAS, the expiration date for 800 South Plain Street (Titus Towers) (T.P # 104.-1-
2) is not until March 1, 2014, the IHA will not seek an extension of the exemption period
for that property until that time, and
February 6, 2013
10
WHEREAS, that pursuant to §52 of the Public Housing Law of the State of New York
and since the inception of the initial tax abatement period, the IHA has annually remitted
to the City of Ithaca Payments in Lieu of Taxes (hereinafter referred to as “Pilot”)
pursuant to a Pilot Agreement between the IHA and the City of Ithaca; and
WHEREAS, the City of Ithaca has determined that the continued provision of affordable
rental housing to qualified persons or families of low income by the IHA is beneficial to
and in the long term best interests of the public; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca pursuant to §52(5) of the
Public Housing Law of the State of New York hereby grants to the following properties,
412 Hector Street (T.P # 41.-1-3.1), 412 Hector Street (T.P # 41.-1-3.2), 520 Hancock
Street (T.P # 44. -3-3), Hancock Street (T.P # 44.-4-1), 111 Morris Avenue T.P # 44.-5-
3), 625 Hancock Street (T.P # 44.-8-1), 312 Esty Street (T.P # 51.-2-15), 414 - 422
South Plain Street (T.P # 80.-3-10) and 319 Wood Street (T.P # 103.-3-1) a tax
exemption from real property taxes levied by the City of Ithaca and other local taxing
authorities for an additional forty (40) years period upon the condition that commencing
on said new effective date the IHA make annual payments in lieu of taxes to the City of
Ithaca and shall continue to make such annual payments for the duration of the
exemption period; and it is further
RESOLVED, That the effective date for the foregoing tax-exemption period shall be
March 1, 2013, and the expiration date shall be March 1, 2053; and it is further
RESOLVED, That the Mayor, upon the advice of the City Attorney and the City
Controller and on behalf of the City of Ithaca, is hereby authorized and requested to
execute and deliver to any pertinent party an agreement between the City of Ithaca and
the IHA setting forth as necessary the details of the payments in lieu of taxes, and to
take any and all action necessary and/or required to effectuate or verify such payments
or tax exemption.
Carried Unanimously
9.4 Fire Department – Request Approval for Central Fire Station Roof
Replacement - Resolution
By Alderperson Proulx: Seconded by Alderperson Kerslick
WHEREAS, during the fall and winter of 2012, the roof on the City-owned Central
Fire Station has developed leaks over the apparatus room, and
WHEREAS, the City Engineering Department with the assistance of a third party
design professional has determined that the roof on the Central Fire Station has
reached its end of life and is in need of replacement, and
WHEREAS, the City of Ithaca has entered into a contract with Liberty Solar Inc. to
install photovoltaic panels on the roof no later than July 1, 2013, and
WHEREAS, the life expectancy of a new roof will be in excess of 40 years and the
useful life expectancy of the solar panels will be in excess of 15 years, and
WHEREAS, City staff has estimated the cost for roof replacement at $360,000; now,
therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #785 Central
Station Roof Replacement in an amount not to exceed $360,000, and be it further
RESOLVED, That funding for said project shall be derived from the advance of funds
from the General Fund with later repayment from the issuance of serial bonds, and be it
further
RESOLVED, That the establishment of this Capital Project shall be contingent on the
approval by the Town of Ithaca.
Carried Unanimously
February 6, 2013
11
9.5 Board of Fire Commissioners - Funds Received from Formerly Active
Volunteer Fire Companies - Resolution
By Alderperson Proulx: Seconded by Alderperson Smith
WHEREAS, the City Chamberlain has requested that each of the former active
volunteer companies in the Ithaca Fire Department (Company 1, Company 2,
Company 3, Company 4, Company 5, Company 6, and Company 7), forward any
funds held by the previously active company, as a volunteer fire service
organization, to the City Chamberlain's Office, and,
WHEREAS, the funds held by these formerly active volunteer companies can be
classified as either 2% funds or non-2% funds, and
WHEREAS, the Board of Fire Commissioners, the former active volunteers who
served in these companies, the Common Council, and the community at large have
an interest in seeing that any such funds surrendered by these formerly active
companies, be used in a manner that appropriately recognizes the intent for which
these funds where provided to or generated by the membership of these companies,
and
WHEREAS, 2% funds can lawfully be distributed to the Ithaca Veteran Volunteer
Firemen Association (IVVFA) and the remaining active volunteer company- Neriton,
Company 9, and
WHEREAS, the non-2% funds, were acquired by each of the formerly active
companies through various activities and sources and,
WHEREAS, the legacy and history of the Volunteer Companies in the Ithaca Fire
Department will be best preserved by a strong and active Ithaca Veteran Volunteer
Firemen’s Association, now therefore be it
RESOLVED, That Common Council approves of all funds received from the formerly
active companies that are identified as 2% funds be distributed 50% to the IVVFA
and 50% to Neriton, Company 9, and be it further
RESOLVED, That all non 2% funds, be distributed 100% to the Ithaca Veteran
Volunteer Firemen Association.
Mayor Myrick extended his thanks to everyone who was involved with this process
as it was complicated and very difficult at times.
A vote on the Resolution resulted as follows:
Carried Unanimously
City Controller’s Report:
City Controller Thayer reported to Common Council on the following items:
• The Controller’s Office has secured all of the City’s insurance needs; however,
premiums will increase.
• 2012 year-end activity should be well under $995,000 of fund balance that was
appropriated due to deferred hiring, increased building permit revenues, and
health insurance savings, snow removal savings, and overtime savings.
• The CPI used to determine Cornell’s voluntary contribution to the City was 2.1%
= $1,251,000.
• The City has maintained the Aa2 bond rating.
• The Controller is closely monitoring the effects the Governor’s proposed budget
may have on the City of Ithaca. It appears as if AIM funding will be maintained at
the current level; changes could be made to binding arbitrations for distressed
cities, capping arbitration awards at 2%; pension system reforms could help
stabilize annual costs; CHIPS funding has been maintained.
February 6, 2013
12
Alderperson Proulx thanked the Controller’s Office, the Mayor and department heads for
their work on realizing budget savings.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 MLK Sculpture Installation at Southside Community Center - Resolution
This item was withdrawn from the agenda.
10.2 Local Designation of the Henry St. John Historic District - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks
Preservation Commission may recommend designation of individual landmarks and
districts of historic and cultural significance, and
WHEREAS, on December 11, 2012, the Ithaca Landmarks Preservation Commission
conducted a public hearing for the purpose of considering a proposal to designate the
Henry St John survey area as a local historic district, and
WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality
Review Act and an Unlisted Action under the City Environmental Quality Review
Ordinance and after conducting appropriate environmental review the Ithaca Landmarks
Preservation Commission, acting as Lead Agency, has determined that the proposal will
not have a significant environmental impact, and
WHEREAS, the Commission finds that the proposal meets criteria under the
Landmarks Preservation Ordinance and has voted to designate the Henry St John
survey area as a local historic district, and
WHEREAS, Section 228-3 of the Municipal Code states that the Council shall within
ninety days of said recommendation to designate, approve, disapprove or refer back to
the Commission for modification, and
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Planning Board
shall file a report with the Council with respect to the relation of such designation to the
comprehensive plan, the zoning law, projected public improvements, and any plans for
the renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for approval of
the designation has been reviewed by the Common Council, now, therefore, be it
RESOLVED, That the Ithaca Common Council finds that the designation will not conflict
with the comprehensive plan, existing zoning, projected public improvements, or any
plans for renewal of the site and area involved, and be it further
RESOLVED, That the Henry St John Historic District meets the definition of a local
historic district as set forth in the Municipal Code, as follows:
An area which contains primarily properties which meet one or more of the
criteria for designation as an individual landmark, namely:
1. Possessing special character or historic or aesthetic interest or value as part of the
cultural, political, economic, or social history of the locality, region, state, or nation; or
2. Being identified with historically significant person(s) or event(s); or
3. Embodying the distinguishing characteristics of an architectural style; or
4. Being the work of a designer whose work has significantly influenced an age; or
5. Representing an established and familiar visual feature of the community by virtue
of its unique location or singular physical characteristics.
February 6, 2013
13
and is an area which constitutes a distinct section of the city by reason of
possessing those qualities that would satisfy such criteria.
and be it further
RESOLVED, That the Ithaca Common Council approves the designation of the Henry
St John Historic District as a Local Historic District under Section 228-3 of the Municipal
Code.
Carried Unanimously
Alderperson Clairborne left the meeting at 8:30 p.m.
GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
Chair Mohlenhoff extended the Committee’s thanks to Public Information Writer Jason
Tucker, and City Clerk Holcomb for their hard work in distributing the City of Ithaca’s
very first Report Card. She further reported that the committee would be reviewing
Council liaison assignments and conducting an analysis of all the City’s boards and
committees.
She further reminded Common Council members and Senior Staff that the Strategic
Planning Retreat is scheduled for Friday, February 8th, and Saturday, February 9th, and
encouraged as many as could to participate.
MAYOR’S APPOINTMENTS:
15.1 Board of Public Works – Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
RESOLVED, That Mitch Paine be appointed to the Board of Public Works to fill a
vacancy with a term to expire December 31, 2015.
Discussion followed on the floor regarding making a short-term appointment versus
leaving the position vacant until the return of the current commissioner. Commissioner
Bill Goldsmith has resigned from the Board of Public Works while he is away on
sabbatical and intends on resuming his position upon his return. Mayor Myrick
confirmed that Mr. Paine is willing to serve in this capacity until no longer needed. City
Attorney Lavine stated that it was legally legitimate to fill the vacancy for a short-term
period. Alderperson Brock expressed concern that the appointment is for a three-year
term. Further discussion followed on the floor regarding the positive attributes of this
candidate and the experience he would bring to the Board of Public Works.
A vote on the Resolution resulted as follows:
Ayes (8) Dotson, Murtagh, McCollister, Fleming, Smith, Kerslick, Proulx,
Mohlenhoff
Nays (1) Brock
Abstentions (0)
Carried (8-1)
(Alderperson Clairborne absent from vote)
15.2 Board of Public Works – Resolution
By Alderperson Murtagh: Seconded by Alderperson Dotson
RESOLVED, That Robert Morache be reappointed to the Board of Public Works with a
term to expire December 31, 2015.
Carried (9-0)
(Alderperson Clairborne absent from vote)
15.3 Various City Boards and Committees – Resolution
Bicycle Pedestrian Advisory Council:
By Alderperson McCollister: Seconded by Alderperson Kerslick
RESOLVED, That Robert Morache be reappointed to the Bicycle Pedestrian Advisory
Council as the liaison from the Board of Public Works with a term to expire December
31, 2015, and be it further
February 6, 2013
14
Board of Zoning Appeals:
RESOLVED, That Steven Beers be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2015, and be it further
RESOLVED, That Susan J. Cummings be reappointed to the Board of Zoning Appeals,
as the alternate member, with a term to expire December 31, 2015, and be it further
Cable Access Oversight Committee:
RESOLVED, That Wies VanLeuken be reappointed to the Cable Access Oversight
Committee, as the Cayuga Heights representative, with a term to expire December 31,
2015, and be it further
Disability Advisory Council:
RESOLVED, That Amy Scott be appointed to the Disability Advisory Council to fill a
vacancy with a term to expire June 30, 2015, and be it further
Natural Areas Commission:
RESOLVED, That Joe McMahon be reappointed to the Natural Areas Commission with
a term to expire December 31, 2015, and be it further
Planning and Development Board:
RESOLVED, That Jack Elliott be appointed to the Planning and Development Board to
replace Jane Marcham with a term to expire December 31, 2013, and be it further
Public Art Commission:
RESOLVED, That Sally Grubb be reappointed to the Public Art Commission with a term
to expire June 30, 2015.
Carried (9-0)
(Alderperson Clairborne absent from vote)
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Urban Renewal Agency Board:
Alderperson Proulx reported that the Neighborhood Pride Grocery Store will open on
February 20, 2013 at 7:00 a.m.
Board of Public Works:
Alderperson Fleming reported that there was a public hearing on the Old Elmira Road
project, where there was a lot of concern expressed by adjacent property owners about
the costs and benefits of the project.
She further reported that the Board will be discussing the City’s sidewalk policy further
as well. She also reported that the Board supported Option 2B in regards to the East
State/MLK Street – Mitchell Street intersection.
The Board has also received a request that it will be reviewing for an uphill bike lane on
Maple Avenue.
APPROVAL OF MINUTES:
Approval of the January 2, 2013 and the January 23, 2013 Common Council
Meeting Minutes – Resolution
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
RESOLVED, That the minutes of the January 2, 2013 and January 23, 2013 Common
Council meeting be approved as published.
Carried (9-0)
(Alderperson Clairborne absent from vote)
REPORT OF THE CITY CLERK:
City Clerk Holcomb read the following statement into the record:
February 6, 2013
15
Ithaca Urban Renewal Agency Public Hearing Announcement for the 2013
Community Development Block Grant and Home Investment Partnership
Program.
On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is announcing the
beginning of the 2013 Entitlement Grant round. Projects to be funded through the 2013
Community Development Block Grant (CDBG) and Home Investment Partnerships
(HOME) Program will be selected through this process. Approximately $515,000 in
CDBG and $567,000 in HOME funds are expected to be available. All funded projects
must meet HUD National Objectives and primarily benefit the City’s low-income
residents.
Application materials and more information can be found on the City web site at
www.cityofithaca.org (click on “City Departments” and “Ithaca Urban Renewal Agency”).
Applications are due at noon on March 1, 2013.
The first two public hearings for the grant is now scheduled for March 21, 2013 at 8:30
a.m. in Common Council Chambers. The entire schedule of public meetings can be
found on the Ithaca Urban Renewal Agency web page.
For More Information, please contact:
Ithaca Urban Renewal Agency
108 East Green Street
Ithaca, NY 14850
Phone: (607)-274-6553
E-Mail: suek@cityofithaca.org
She further encouraged Common Council and members of the public to attend the triple
retirement party being held on February 12, 2013 from 5:00 pm – 7:00 pm, at the
Holiday Inn, to celebrate the careers and retirements of Superintendent of Public Works
Bill Gray, Youth Bureau Director Allen Green, and Police Chief Ed Vallely.
REPORT OF THE CITY ATTORNEY:
Motion to Enter Into Executive Session to Discuss Pending Litigation/Potential
Settlement
By Alderperson Kerslick: Seconded by Alderperson Dotson
RESOLVED, That Common Council enter into executive session to discuss pending
litigation/potential settlement.
Carried (9-0)
(Alderperson Clairborne absent from vote)
Reconvene:
Common Council reconvened into regular session and took the following action:
Approval of Proposed Settlement of Crane Hogan Structural Systems, Inc. v. The
City of Ithaca - Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
WHEREAS, the matter of Crane Hogan Structural Systems, Inc. v. The City of Ithaca,
New York, Index No. 2010-0454, regards a contract dispute between the City and a
contractor under two contracts for parking garage construction and restoration of the
Green Street Parking Garage; and
WHEREAS, Crane Hogan Structural Systems, Inc. seeks payment in excess of
$370,000 allegedly due under the construction and restoration contracts; and
WHEREAS, the City is unlikely to recover damages for late completion of these
contracts; and
WHEREAS, if litigated to judgment, the City’s current liability on the construction and
restoration contracts is likely to substantially exceed $142,500 and entail extensive and
costly legal work; and
February 6, 2013
16
WHEREAS, following negotiation between the parties, Crane Hogan Structural
Systems, Inc. has agreed to settle all disputes between the parties in exchange for a
payment of $142,500 by the City; and
WHEREAS, said settlement will conclude this litigation and this matter, and will preclude
any further claims by Crane Hogan Structural Systems, Inc. against the City arising from
any previous acts or omissions of either party; and
WHEREAS, said settlement will not void any warranties owed to the City by Crane
Hogan Structural Systems, Inc.; now, therefore be it
RESOLVED, That Common Council hereby approves the payment of an amount not to
exceed $142,500 from Capital Project #469 Green Street Garage Improvements in full
settlement of all claims asserted between the parties to said settlement agreement; and
be it further
RESOLVED, That funding for said settlement shall be derived from a combination of
Capital funds existing in CP# 469, General Fund fund balance or the issuance of serial
bonds as determined by the City Controller; and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor, upon the advice
of the City Attorney, to execute all agreements and other documents necessary to
implement the settlement referenced herein.
Carried (9-0)
(Alderperson Clairborne absent from vote)
ADJOURNMENT:
On a motion the meeting adjourned at 9:10 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor