HomeMy WebLinkAboutMN-CC-2012-10-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. October 3, 2012
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
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Building Commissioner - Radke
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Myrick requested that Item 15.1 entitled “Appointment of Part-Time City Court
Judge – Resolution” be moved up on the agenda to before Consent Agenda items.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Myrick proclaimed October 20, 2012 as “Into the Streets” Day in the City of
Ithaca. There are 1,000 students registered to work on various projects throughout the
City.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Board of Fire Commissioners:
Tom Hoard, Vice Chair of the Board of Fire Commissioners, reported on the following:
The fire at the State Dinner on October 2nd strained fire department resources
The Board has been discussing the possible consolidation of the volunteer fire
companies into a single volunteer company. All active volunteers have
requested transfer into Company #9, which will become the only volunteer
company. The Board still needs to discuss other aspects of retiring the former
companies.
The quarterly Fire Department report was sent to Common Council members
electronically.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council on the following topics:
Gossa Tsegaye, City of Ithaca, thanked Common Council members for their service to
the community. He also invited them to a reading of Frederick Douglas’ speech on
October 20, 2012 at 1:00 p.m. at St. James Zion Church on Cleveland Avenue. This is a
joint effort between the History Center and Church.
Misha Checovich, City of Ithaca, expressed concern regarding the proposed city budget
and the amount of property in the city that is tax-exempt.
Gino Bush, City of Ithaca, spoke about the community’s mistrust of the actions of the
Mayor regarding the Community Police Board including the switch from an independent
(contract) support person for the Board to the City Clerk’s office. He also expressed his
opinion that the City of Ithaca should hold a Memorial Day Parade.
October 3, 2012
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Caleb Thomas, Member of the Public Art Commission, reminded Council that many of
the signs on State Street still do not have the dual designation of Martin Luther King Jr.
Street. He also expressed his appreciation for the First People’s Festival which was
held as part of the Apple Harvest Festival events.
The following people encouraged the City to become a living wage employer and pay a
living wage to all its employees:
Theresa Alt, City of Ithaca,
Laurie Konwinski, City of Ithaca
Rev. Rich Rose
The following people expressed their support for the appointment of Scott Miller, as
part-time City Court Judge:
Michael Cannon
Kelly Damm
Jim Miller
Tom Blecher
Luke Fenchel
Fay Gougakis, City of Ithaca, expressed her frustration regarding people’s use of
technology which in her opinion is becoming obsessive and dangerous, especially
among drivers, which is causing safety concerns for pedestrians and bicyclists.
Joel Harlan, Town of Newfield, expressed concern over Collegetown parties and
activities, and the resulting impact on the community.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick stated that the 2013 budget will include living wage increases for the
remaining employees who are paid at a level below the living wage.
Alderperson Murtagh expressed his thanks to all the speakers for their comments
regarding the living wage and noted his appreciation to hear that it is included in the
budget. He also expressed his thanks for the comments regarding the need for updated
signage for Martin Luther King, Jr./State Street.
Alderperson Brock thanked the speakers for their comments about a living wage, and
expressed her pleasure that it is included in the budget. She also thanked Mr. Bush for
his comments regarding the Community Police Board. She further thanked all the
speakers who voiced their support for the appointment of Scott Miller to the part-time
Judge position.
Mayor Myrick explained that the contracted, part-time, support person for the
Community Police Board resigned over the summer. Anticipating pending budget cuts
and layoffs, the City Clerk’s Office offered to assume the tasks. He further discussed
the levels of service being provided and the related budget impacts.
Alderperson Kerslick, Common Council Liaison to the Community Police Board,
encouraged people with concerns about these changes to meet with the Board.
Alderperson Clairborne reminded everyone of the upcoming budget meetings, and
encouraged the public to provide input to Council on the budget. All the budget
meetings will be televised and open to the public. He also responded to comments
made regarding the Community Police Board, noting the history of the creation of the
Board and the reasons it had been kept separate from City Hall.
Alderperson Proulx responded to comments made about tax exempt properties in the
City of Ithaca and the number of not-for-profits hoping to expand. He stated that some
things are out of the City’s control; however, Common Council does want to see the
downtown become a vibrant core that increases the value of taxable property.
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15.1 Appointment of Part-Time City Court Judge – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne
WHEREAS, Judge James Kerrigan was appointed to the part-time position of City Court
Judge in 2007, has long served in that capacity, and will retire as of December 31,
2012, and
WHEREAS, in May of this year the Mayor publicized a call for applications for
appointment to the part-time position at City Court, and
WHEREAS, a number of high quality applicants submitted applications, and participated
in interviews with the Mayor, and
WHEREAS, the Mayor has engaged in extensive fact-finding regarding these
applicants, both through review of the applicants' professional records, and through
dialogues with various stakeholders knowledgeable of the applicants' professional
accomplishments, now therefore let it be
RESOLVED, That Common Council approves the appointment of Scott A. Miller to the
position of part-time City Court Judge effective January 1, 2013 with a term to expire
December 31, 2018.
Motion to Enter into Executive Session:
By Alderperson Dotson: Seconded by Alderperson Brock
RESOLVED, That Common Council enter into Executive Session to discuss the
employment history of a particular person.
Ayes (4) Proulx, Clairborne, Dotson, Brock
Nays (6) Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff
Failed (4-6)
Extensive discussion followed on the floor regarding the process that was followed for
the recommendation of this appointment. Alderpersons Brock and Clairborne
expressed concerns regarding the process as the part-time City Court Judge
appointment is different from all other mayoral appointments. They expressed a desire
to have more time to fully consider the appointment and stressed that their concerns
were not a reflection on Mr. Miller.
Mayor Myrick and City Attorney Lavine reviewed the provisions of the City Charter and
State law.
Call the Question:
By Alderperson McCollister: Seconded by Alderperson Fleming
RESOLVED, That the Question be called on the resolution.
A vote on the Resolution resulted as follows:
Ayes (8) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick,
Mohlenhoff, Proulx
Nays (2) Dotson, Clairborne
Carried (9-1)
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (9) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick,
Mohlenhoff, Proulx
Nays (1) Dotson
Carried (9-1)
October 3, 2012
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CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 A Resolution to Authorize Funding for a New School Speed-Limit Zone on
North Cayuga Street
By Alderperson Proulx: Seconded by Alderperson Murtagh
WHEREAS, on September 10, 2012, the Board of Public Works approved a new school
speed-limit zone on North Cayuga Street next to the Ithaca High School, and
WHEREAS, the Transportation Engineer has estimated the cost of the new signs
required for the school speed-limit zone to be approximately $2,000, and
WHEREAS, funding for these signs was not included in the 2012 budget for the
Department of Public Works; now, therefore be it
RESOLVED, That Common Council does hereby approve the transfer of an amount not
to exceed $2,000 from Account A1990 Unrestricted Contingency to Account A3311-
5482 Traffic Control Signs and Blanks for the purpose of funding the new school speed
limit signs.
Carried Unanimously
8.2 Finance/Controller’s Office - Request to Approve Civil Service Agreement
for the Year 2012-2013 - Resolution
By Alderperson Proulx : Seconded by Alderperson Murtagh
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters, for the
period July 1, 2012, to June 30, 2013, in an amount of $57,911, payable to the City of
Ithaca on or before November 1, 2012.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Resolution to Select Artwork for a Mural within the Green Street Parking
Garage
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city while providing local artists from all sections of the community an
opportunity to showcase their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, including walls in the City garages on Green Street and Seneca Street, by
resolution on May 19, 2010, and
WHEREAS, local artist Sean Chilson submitted his proposal for a mural titled “Love
Conquers All” as part of the PAC’s Mural and Street Art Program, and
WHEREAS, the PAC unanimously approved Mr. Chilson’s mural proposal at its meeting
on August 9, 2012 and, upon review of the potential mural sites pre-approved by the
Board of Public Works, selected the concrete block wall facing the surface-level parking
lot of the Green Street Garage as the location for the proposed mural, and
WHEREAS, the PAC held a public comment period on the proposed mural design and
recommended location at its special meeting on September 6, 2012 to gather input on
the proposed installation, and
WHEREAS, the Public Art Commission recommends that the Common Council select
the “Love Conquers All” mural proposal submitted by Sean Chilson to be installed on
the concrete block wall facing the surface-level parking lot of the Green Street Garage;
now, therefore, be it
October 3, 2012
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RESOLVED, That the City of Ithaca Common Council selects the mural “Love Conquers
All” by Sean Chilson to be installed within the Green Street Parking Garage and to be
added to the City of Ithaca’s public art collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of his mural on
the concrete block wall facing the surface-level parking lot of the Green Street Garage
upon the execution of an agreement with the City (as reviewed by the City Attorney).
Carried Unanimously
9.2 Amendment to the Cayuga Green Purchase and Sale Agreement Timeline
(Cayuga Green Project, Approval of 4th Amendment to the Purchase and Sale Contract
for Parcel ‘D’)
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, on June 27, 2012, Cayuga Green II, LLC submitted a request for a 6-month
extension of the purchase and sale contract (Sales Contract) between the Ithaca Urban
Renewal Agency (IURA) and Cayuga Green II, LLC for purchase of Parcel ‘D’ (tax map parcel
#81.-2-4) of the Cayuga Green project, and
WHEREAS, Parcel ‘D’ is an approximately ½ acre, triangular-shaped parcel located between
the Cayuga Garage and the Six Mile Creek Walk, and
WHEREAS, the Sales Contract agrees to a sales price of $270,000 and obligates the purchaser
to undertake a project “anticipated to consist of construction of no less than 30 rental and/or for-
sale housing units located adjacent to the Cayuga Garage or such other uses approved by
Seller and the Common Council of the City of Ithaca”, and
WHEREAS, to enforce the future land use obligation, the Contract requires the purchaser to
satisfy the following seller contingencies prior to June 30, 2012 as a condition of conveyance of
the property:
1. Submit proof of final site development plan approval for a project
containing at least 30 housing units;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the
project, and
WHEREAS, the purchaser did not satisfy all of the above-listed seller contingencies by June 30,
2012, and
WHEREAS, the purchaser has submitted revised project plans to the City of Ithaca Planning &
Development Board and indicated they have received an acceptable loan proposal to finance
the project from a regional lending source, and
WHEREAS, the purchaser has revised the project to eliminate a ground floor commercial use,
reduce the building footprint to provide a required 10-foot rear yard along the Six Mile Creek
Walk, and now proposed construction of a 39-unit, loft-style, residential rental project, including
1-bedroom, 2-bedroom and 3-bedroom units, and
WHEREAS, on August 28, 2012, the City of Ithaca Planning & Development Board granted
modified site plan approval for the project, and
WHEREAS, the purchaser indicated they have invested almost $200,000 in project
predevelopment costs to date, and
WHEREAS, each request to extend the Sales Contract results in a delay to realize anticipated
public benefits of the project, including revenues from permit fees, property taxes, and parking
fees, and requires staff and legal resources to administer, and
WHEREAS, Cayuga Green II, LLC, seeks no property tax abatements for this market-rate
project, and
WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA’s proposed
disposition of real property requires Common Council approval following a public hearing, and
October 3, 2012
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WHEREAS, contingent upon Common Council approval, the IURA approved a 4th amendment
to the Sales Contract subject to the following terms and conditions:
1. The purchaser’s deadline to satisfy seller contingencies to secure final site
plan approval, project financing and issuance of a building permit is
extended to December 31, 2012, and
2. Inclusion of a requirement for payment of a $20,000 non-refundable
deposit toward the purchase price and/or City of Ithaca building permit
fees be paid upon signing the amendment, which shall be retained by the
seller in the event seller contingencies are not satisfied by December 31,
2012, and
WHEREAS, a public hearing on the proposed amendment to the Purchase and Sale Contract
was held on September 12, 2012, and
WHEREAS, the City wishes to facilitate the construction of additional housing units in downtown
Ithaca that will expand the range of housing opportunities and increase the property tax base,
and
WHEREAS, a negative declaration was issued for an earlier 7-story version of the project
pursuant to the City Environmental Quality Review Ordinance, and
WHEREAS, the revised 4-story project and the action of approving the proposed 4th
amendment to the Sales Contract is no less protective of the environment than the previously
approved project, therefore no additional environmental review is required; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby approves a 4th amendment to the
Purchase and Sale Contract with Cayuga Green II LLC for Parcel ‘D’ (tax map parcel # 81.-2-4)
subject to the following terms and conditions:
1. The purchaser’s deadline to satisfy seller contingencies to secure final site
plan approval, project financing and issuance of a building permit is
extended to December 31, 2012, and
2. Inclusion of a requirement for payment of a $20,000 non-refundable
deposit toward the purchase price and/or City of Ithaca building permit
fees be paid upon signing the amendment, which shall be retained by the
seller in the event seller contingencies are not satisfied by December 31,
2012.
Alderperson Clairborne expressed his continued concern regarding the lack of an
affordable housing component included in this project.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Neighborhood Housing Initiative Changes – Conversion to Financial
Assistance Program - Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
WHEREAS, in 2002, the Common Council of the City of Ithaca and the Ithaca Urban
Renewal Agency adopted the Neighborhood Housing Initiative (NHI) program, and
authorized up to $2 million in bonding authority to finance the program, and
WHEREAS, the goal of the NHI program is to improve neighborhood stability by
converting substandard rental residential properties blighting a neighborhood into
renovated owner-occupied homes, and
WHEREAS, the objectives of the program include eliminating blighting conditions;
increasing the number and percentage of homeowners in the City; converting rental
properties to owner-occupancy status; and stimulating private sector investment in
neighborhoods, and
WHEREAS, the NHI program operates by (1) acquiring blighting properties; (2)
rehabilitating the building for home ownership, or demolition with new construction if
rehabilitation is not feasible; (3) sale of the property at a fair market price to an owner-
occupant with a deed restriction requiring owner-occupancy for 25 years, and
October 3, 2012
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WHEREAS, the Ithaca Urban Renewal Agency (IURA) administers the program on
behalf of the City, and
WHEREAS, $1,050,000 of bond funding has been issued to complete six homes at an
average subsidy of approximately $70,000 per property, and
WHEREAS, approximately $600,000 in NHI bond proceeds are on account from sale of
rehabilitated homes, and
WHEREAS, the Homeownership Investment Committee (HIC) was established to
oversee and implement the NHI program to acquire properties, rehabilitate and sell
homes, and
WHEREAS, in 2011 the HIC concluded that the program as configured was no longer
meeting the cost objectives of the program to rehabilitate and sell 17-23 homes per $1
million of bonding at an average subsidy of approximately $50,000 per property. The
HIC raised concerns about:
the significantly higher acquisition costs due to a stronger housing market;
high rehabilitation costs resulting in higher subsidies;
the lack of incentives for the contractor to complete projects in a timely fashion;
high holding expenses caused by holding ownership of the property for extended
periods of time during the design, permitting, rehabilitation, and resale phases of
the project, and
WHEREAS, the IURA finds that there is still a need to convert vacant and substandard
rental housing to owner-occupied housing, particularly for affordable home ownership,
and recommends reforming the NHI program in a two-stage process:
Stage 1 - Change Method of Program Delivery
Convert the program to a financial subsidy program open to application from housing
developers to seek gap funding in an amount necessary to acquire and
rehabilitate/replace blighting substandard non-owner-occupied housing and sell them at
fair market value to homebuyers with a 25-year owner-occupancy deed restriction.
Stage 2 – Change Objective to Create Affordable Homeownership
Modify the objective of the program to create affordable homeownership opportunities
through either rehabilitation of substandard non-owner-occupied housing or through
new construction of compatible homes on existing vacant lots, and
WHEREAS, implementing the stage 2 reform will require bond counsel review and
issuance of an authorizing opinion that has not been completed to date, but stage 1
reform only changes the delivery methodology of the existing authorized program, and
WHEREAS, a housing developer has proposed an NHI-eligible homeownership project
to the IURA; now, therefore, be it
RESOLVED, That the Common Council hereby concurs with the IURA to modify the
method of delivering the Neighborhood Housing Initiative (NHI) program and hereby
authorizes the IURA to undertake the stage 1 reform of the NHI program to make
available existing NHI bond proceeds to provide gap funding to housing developers to
implement the NHI program for rehabilitation/replacement of blighted, substandard, non-
owner-occupied housing and sale to homebuyers with a 25-year owner-occupancy deed
restriction.
Carried Unanimously
October 3, 2012
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9.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 178
entitled “Exterior Property Maintenance”, Section 178-10 regarding
“Enforcement”
By Alderperson Dotson: Seconded by Alderperson Kerslick
Ordinance 2012-___
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 178, Section 178-10, entitled “Enforcement,” is hereby amended to
read as follows:
A. Civil penalties.
(1) Any property owner and/or agent who violates any provision of this chapter or of §
325-29.3, except those provisions specified in Subsection A (2) below, shall be liable for
a civil penalty of [$50] $25 for the first violation at a property within a [twelve] six-month
period, [$200] $50 for a second violation at the same property within a [twelve] six-
month period, [and $300] $200 for a third violation at the same property within a six-
month period, and $300 for a fourth or subsequent violation at the same property
within a [twelve] six-month period. For any fine not paid within six months of the
date of the offense, there shall be a late penalty in the amount of 20% of the fine
added to the amount due, such late penalty waiveable for good cause shown.
(2) Any property owner and/or agent who violates any provision of § 178-3E, G, I or J,
or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or
obstruction of views, shall be liable for a civil penalty of $40 for the first violation at a
property within a twelve-month period, $60 for a second violation at the same property
within a twelve-month period, and $100 for a third or subsequent violation at the same
property within a twelve month period.
(3) Each violation of this chapter or of § 325-29.3, and each day during which a violation
continues, shall be deemed to be a separate violation.
(4) The City Attorney or his or her designee may commence an action or special
proceeding against the violator in a court of competent jurisdiction to collect these
penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to
compel compliance with or restrain by injunction any such violation.
(5) When the City Attorney obtains a judgment in an action or proceeding under this
section either against the property owner or agent, or both, in addition to the appropriate
methods for enforcement of judgments established in the Civil Practice Law and Rules,
such judgment for penalties may constitute a lien, be a lien on the subject property and
on the rents therefrom, or may be collected in the manner of any other civil judgment.
(6) In the event a defendant property owner does not answer a ticket within six
months of the court date specified on the summons, the court having jurisdiction
shall enter default plea of guilty on behalf of the defendant property owner and
render a default civil judgment of the fine specified in this section. Upon motion
by the defendant property owner with good cause for the default shown and a
meritorious defense asserted, the court shall vacate the default plea of guilty.
Mailing the summons to an address other than the one specified in the building
department file shall also be grounds to vacate the default plea of guilty.
B. Appearance tickets and appeals. Notwithstanding any contrary Code provision,
appearance tickets may be issued by the Building Commissioner and/or
Commissioner's designee(s) charging violations of this chapter or of § 325-29.3
whenever there is probable cause to believe that said violations have occurred. Any
rights to administrative appeals to any board or commission of the City of Ithaca
mentioned elsewhere in this Code shall not apply as a condition precedent to issuing an
appearance ticket charging a violation of this chapter or of § 325-29.3. Any right to an
administrative appeal from a decision or determination of the Building Commissioner or
October 3, 2012
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other City official with regard to the above Code chapter and section shall apply only in
cases in which the City intends to correct the violation and seek to charge the property
owner or agent for the costs of correction.
Section 2. Severability. 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 3. Effective date. This ordinance shall take effect immediately and in
accordance with law, upon publication of notice as provided in the Ithaca City Charter.
Alderperson Kerslick explained that the City Prosecutor worked collaboratively with the
Rental Housing Commission on this legislation and the security deposit legislation to
make it more effective and offer additional protections in the form of notifications of
violations to the tenants.
Mayor Myrick expressed his thanks to Building Commissioner Radke for her work on
this legislation as well.
A vote on the Ordinance resulted as follows:
Carried Unanimously
9.5 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 258
entitled “Rental Housing”, Section 258-6 entitled “Return of Security Deposit by
Landlord to Tenant”
By Alderperson Dotson: Seconded by Alderperson Kerslick
Ordinance 2012-___
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 258, Section 258-6, entitled “Return of security deposit by landlord
to tenant” is hereby amended to read as follows:
A. …..
B. [Nothing in this section shall be construed to imply other than it is the landlord's
responsibility to return the tenant's security deposit or balance as soon as reasonably
possible.] If there is a provision in a rental agreement that a tenant is responsible
to reimburse or apply from a security deposit any amounts due from tickets
written pursuant to Chapter 178 of this code for the property or residential unit
being rented, it shall be the landlord’s responsibility to give the tenant notice of
that ticket in a timely fashion as a condition to enforce that provision, and in
order to help the tenant correct and prevent the condition for which the ticket was
issued. Timely notice shall be no later than three weeks from the date the ticket is
sent from the court to the landlord. Failure to provide such notice shall serve as
the landlord’s waiver of reimbursement or application of security deposit for any
ticket for which notice was not given.
C. Nothing in the section shall be construed to imply other than it is the
landlord’s responsibility to return the tenant’s security deposit or balance as
soon as reasonably possible.
Section 2. Severability. 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 3. 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
October 3, 2012
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CITY ADMINISTRATION COMMITTEE:
11.1 Department of Public Works - A Resolution to Authorize the Submission of
Safe Routes to School Program Application
By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff
WHEREAS, The Safe Routes to School (SRTS) Program was created in 2005 on
passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), now in its second round of funding, and
WHEREAS, the New York State Department of Transportation, which is administering
the program in the state, has called for applications to be due on October 5, 2012, and
WHEREAS, staff from the Office of the City Engineer have worked with Ithaca City
School District (ICSD) officials to jointly develop an application for the SRTS program
wherein the City and the ICSD will share the responsibility for implementing various
aspects of the project; which includes building traffic-calming devices, school-zone
upgrades, and educational activities, and
WHEREAS, three ICSD schools - Beverly J. Martin Elementary School, Fall Creek
Elementary School, and Boynton Middle School - will be participating in this project, and
WHEREAS, Common Council supports this initiative and wishes to submit this
application, now therefore be it
RESOLVED, That Common Council authorizes the Mayor of the City of Ithaca to sign a
Memorandum of Understanding with the Ithaca City School District, which has been
reviewed by the City Attorney’s Office to work with ICSD on the Safe Routes to School
Program, and be it further
RESOLVED, That Common Council authorizes the Mayor to sign and submit a grant
application for the Safe Routes to School program in an amount not to exceed
$300,000, and be it further
RESOLVED, That Common Council also authorizes the submission of this application
with the understanding that, though the City of Ithaca will provide funding in the first
instance, 100% of eligible costs (which will not include in-kind staff administration
expenses) will be reimbursed by federal funds.
Carried Unanimously
Alderperson Mohlenoff left the meeting at 7:53 p.m.
11.2 Police Department - Request to Amend 2012 Authorized Budget for Grant
- Resolution
By Alderperson Clairborne: Seconded by Alderperson McCollister
WHEREAS, the Ithaca Police Department was awarded a grant of $20,000 from the
Triad Foundation, and
WHEREAS, the money is to be used for the purchase of new patrol rifles and for
upgrading existing patrol rifles; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2012 authorized Police
Department budget as follows:
Increase Revenue Account:
A3120-2705-05050 Gifts and Donations $20,000
Increase Appropriation Accounts:
A3120-5225-05050 Other Equipment $ 6,400
October 3, 2012
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A3120-5476-05050 Equipment Maintenance $13,600
$20,000
Carried 9-0
(Alderperson Mohlenhoff absent from vote)
11.3 City Controller’s Report - Mayor Myrick - Presentation of Proposed 2013
City of Ithaca Budget
Mayor Myrick shared a PowerPoint presentation of his proposed 2013 City of Ithaca
Budget. He discussed the challenges of closing a $3 million funding gap and noted
some of the actions the City has already undertaken in anticipation of the budget
shortfall (sale of city property, refinancing debt, changes to the fleet vehicle policies,
reassignment of IPD Officers, retirement incentive program). He further identified the
grants & awards the City has received this year.
Mayor Myrick described the level of community and organizational outreach he
conducted through public & employee forums, a retreat and meetings with Common
Council members, staff meetings, social media tools, speaking with thousands of
residents during his campaign, and many other individual conversations. He stated that
the standard take-away message from all of these groups was “We cannot keep doing
what we’ve been doing - just with ten percent less. We need to think strategically!”
He reviewed the strategic transformations included in his proposed budget:
The development of a new Planning, Building and Economic Development
Department (merging the Department of Planning & Development, Building
Department, and Fire Code inspections)
The development of a new Finance Department (merging the City Controller’s
Office with the City Chamberlain’s Office)
Strategic New Investments:
o Chief of Staff position
o Living wage raises for any employees making less than a living wage
o Parking Director
o Sustainability Coordinator (paying for ½ of a part-time position – Tompkins
County would fund the other half of the position)
o Grant writing and advocacy (contract position)
Strategic Reductions:
o 25 vacancies left wholly or partially unfunded
o A number of hourly reductions
o Elimination of 2 Fire Fighter positions
o Elimination of 1 Administrative position
Fund Balance:
o Use of $250,000 of General Fund Reserves
MAYOR’S APPOINTMENTS:
15.2 Appointment to Board of Zoning Appeals – Resolution
By Alderperson McCollister: Seconded by Alderperson Clairborne
RESOLVED, That Gabriel Holbrow be appointed to the Board of Zoning Appeals to
replace Geoffrey Milz with a term to expire December 31, 2013, and be it further
15.3 Reappointments to Commons Advisory Board – Resolution
RESOLVED, That Kris Lewis be reappointed to the Commons Advisory Board with a
term to expire December 31, 2014, and be it further
RESOLVED, That Joseph Wetmore be reappointed to the Commons Advisory Board
with a term to expire December 31, 2014, and be it further
15.4 Reappointment to Ithaca Housing Authority Board – Resolution
RESOLVED, That Arthur Williams be reappointed to the Ithaca Housing Authority Board
with a term to expire October 17, 2017, and be it further
15.5 Reappointments to Workforce Diversity Advisory Committee - Resolution
RESOLVED, That Marcia Fort be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2015, and be it further
October 3, 2012
12
RESOLVED, That Sue Kittel be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2015, and be it further
RESOLVED, That Nancy K. Bereano be reappointed to the Workforce Diversity
Advisory Committee with a term to expire December 31, 2015, and be it further
RESOLVED, That Elizabeth Vance be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2015, and be it further
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Downtown Ithaca Alliance
Alderperson Murtagh reported on the proposed Tobacco Retailer permitting process
that is being pursued by the Downtown Ithaca Alliance and Tobacco Free Tompkins.
He stated that a recent meeting with staff included discussion about administration of
the program, legal issues, and enforcement. Common Council will need to determine
what the policy objective is for the City on this issue.
Ithaca Landmarks Preservation Commission
Alderperson McCollister reported on work that is being done without permits on
properties located within historic districts. Property owners have been approaching the
ILPC retro-actively.
Parks Commission
Alderperson Brock reported that the Parks Commission has been discussing the issue
of community gardens in parks. They feel that locating gardens in parks is not
appropriate and can lead to the downgrading of City parks.
Workforce Diversity Advisory Committee
Alderperson Brock reported that the Workforce Diversity Advisory Committee is in the
process of developing a Diversity Report Card for the organization. The basic format of
the Report Card should be completed by the end of the year
Community Advisory Group
Alderperson Brock reported that the Community Advisory Group (CAG) has been
discussing the upcoming field work at the Ithaca Gun site; appropriate uses for the
Emerson site (potentially light industry only), and the future of the CAG.
REPORT OF CITY ATTORNEY:
The City Attorney requested an Advice of Counsel session at the end of the meeting.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the September 5, 2012 and September 19, 2012 Common
Council Meeting Minutes – Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
RESOLVED, That the minutes of the September 5, 2012 Common Council Meeting be
approved as published, and be it further
RESOLVED, That the minutes of the September 19, 2012 Special Common Council
Meeting be approved as published.
Carried 9-0
(Alderperson Mohlenhoff absent from vote)
ADJOURNMENT:
On a motion the meeting adjourned at 8:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor