HomeMy WebLinkAboutMN-CC-2011-01-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. January 5, 2011
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, McCollister, Zumoff, Rooker,
Myrick, Cogan, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Deputy Director of Economic Development – DeSarno
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
City Chamberlain - Parsons
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles provided substitute resolutions for Item 10.1 entitled “Requests for
Refund of Penalty on Payment of Taxes – Resolution” and Item 10.6 entitled “Common
Council - A Property Tax Cap Must Include Mandate Relief – Resolution”
No Common Council member objected.
SPECIAL ORDER OF BUSINESS:
4.1 Appointment of Marriage Officers for 2011 - Resolution
By Alderperson Cogan: Seconded by Alderperson Rooker
RESOLVED, That the following Alderpersons be designated as Marriage Officers for
the year 2011:
Alderperson Dotson Alderperson Rosario
Alderperson Clairborne Alderperson Rooker
Alderperson Myrick
Alderperson Dotson noted that she enjoys being a marriage officer. She is looking
forward to having the right to marry her partner in New York State, and is hopeful that all
States will recognize this right soon.
A vote on the Resolution resulted as follows:
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Board of Fire Commissioners Vice Chair Tom Hoard reported to Common Council on
the following:
- One Lieutenant and two fire fighters have retired, and the Fire Chief position
remains vacant. The department is close to having overtime issues. The
Vacancy Review Committee has approved the hiring of two fire fighters
in February
- Wood Street/South Street traffic calming devices: the Board of Public Works
has not yet responded to their concerns
Alderperson Cogan invited members of the Board of Fire Commissioners to attend a
Charter and Code Review committee meeting to discuss updating the City Code and
Charter regarding the duties and responsibilities of the Board.
Alderperson Clairborne arrived at the meeting at 6:15 p.m.
January 5, 2011
2
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Bill Goldsmith, Board of Public Works Commissioner, addressed Council regarding the
appointment of a new member to the Board of Public Works. He urged Common
Council to appoint the new person to the current vacancy on the Board, rather than
replacing a Board member whose term expired December 31, 2010 and who wishes to
remain on the Board. He stated that the retention of experienced members of the Board
is very important, and noted that there have been a total of 26 individuals appointed to
the Board of Public Works between 1990 and 2011 and of those, 17 (65%) were
reappointed to additional terms.
David Warden, Board of Public Works Commissioner, urged Council to fill the current
vacancy on the Board rather than replacing the Board member whose term expired
December 31, 2010. He noted that it is very important for the Board to have a full
contingency of members because there is a lot of work to share.
Fay Gougakis, City of Ithaca, addressed Common Council regarding the recent
accidental release of hydrolysate from the Cornell University Vet School carcass
digester into the City’s wastewater treatment plant facility and storm water collection
system. She stated that Cornell University should be fined as this was the second
incident of this nature.
Ray Schlather, former Board of Public Works Commissioner, addressed Common
Council regarding the vacancy on the Board of Public Works. He stated that he
respects the Mayor’s authority and prerogative to make appointments to boards and
committees but disagrees with her decision to replace an experienced Board member,
rather than fill the current vacancy on the Board. He noted the Board’s need to have
representation from each area of the City.
Joel Harlan, Town of Newfield, addressed Council regarding Cornell University’s
influence on the City of Ithaca and Tompkins County.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Zumoff responded to comments made regarding the appointment of a new
Board of Public Works Commissioner and voiced his agreement with the comments
made by the current and former Board members.
Alderperson McCollister announced that there would be a Sewer Joint Committee
meeting at the Wastewater Treatment Plant on January 12, 2011 and the Cornell
hydrolysate spill would be discussed.
Mayor Peterson announced her appointment of Alderperson Maria Coles as Acting
Mayor and Alderperson Eric Rosario as Alternate Acting Mayor for 2011. She
administered the Oath of Office to both of them. Both alderpersons thanked the Mayor
for this opportunity to serve the City.
Mayor Peterson presented the 2011 State of the City Address. The following is a
slightly condensed version:
“It is unquestionable that the state and local government economic picture will be the
major part of 2011; however, it should not overshadow the significant amount of work
that city departments have accomplished in 2010 and hope to accomplish in 2011,
including the work of Common Council through its standing committees and working
groups. Some future project areas include: advancing improved public information
initiatives, police department accreditation, hiring (through a grant) a new sustainability
manager, working on all six labor unit contracts, various improvements to the city
charter, and comprehensive parking management. Numerous planning initiatives are
underway from renewed attention to the Southwest area of the city to Collegetown to
South Hill. This brief list is only the tip of hundreds of projects large and small.
In the next few weeks, I will create a new committee to address the 2010 census and
the redistricting that must follow. The charge for this committee will be informed by input
from the Charter and Code Working Group, the 2002 City Redistricting Report, and
discussions with Tompkins County. Each ward shall be represented on the committee,
January 5, 2011
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and there will be two “at-large” members. In addition to analyzing the census data,
tasks will include:
• Examining the number of wards in the city, and the number of Council seats in
relation to the number of wards
• Examining the concept of at-large council seats and /or a combination of at-large
and ward representatives
• Discussing whether the mayor, as a council member, should have a vote on all
issues (not just in the event of a tie)
• Reviewing how city wards interface with county voting districts
• Understanding and evaluating the neighborhood boundaries, including student
neighborhoods
• Holding a public meeting regarding these topics to receive public input
Another new working group will be appointed that will directly tie into budgetary matters
for 2011 and future years. Before this group is formed, I will call for a special Common
Council meeting in order to develop a response plan should a State property tax cap be
enacted along with reductions in State aid. I will ask each Council member to be
prepared to discuss what they feel are the city’s core essential services/programs,
legally required services, values driven services, and alternate ways these essential
services could be provided should significant cuts to the budget become required. In
other words, this approach will be strategically based, not a broad brush percentage
decrease across all departments and programs. To aid in that aspect, a focus group
meeting will be held and participants will be asked to answer the same questions. I also
encourage any community or neighborhood group meeting to take up the same
questions.
On July 7, 2004, the City of Ithaca adopted its Workforce Diversity Plan. Fourteen
attributes were formed to establish a foundation for diversity and inclusiveness. City
leadership, including the mayor, common council and senior management, is charged to
follow this plan and to be the examples by which the entire city workforce demonstrates
its commitment to diversity. The mayor is charged with reaffirming the city’s commitment
to diversity on an annual basis. A commitment to diversity—through community
partnerships, accountability, annual performance goals for each department, or
provision of training—is necessary to develop a welcoming and respectful culture in our
workplace, that competently and effectively supports the very diverse community in
which we live, work, and play.
In 2011:
• There is funding for 30 employees to participate in the Undoing Racism
workshops with David Billings. The 2010 participants continue to meet and
discuss issues of race and racism.
• Work will continue on an expanded diversity training program throughout
the city workforce.
• The Martin Luther King Jr. Freedom Walkway will continue to advance.
• Department reports on individual diversity plans will be ongoing.
• The mayor’s Strategy Group will continue meeting into 2011. This group of
people originally met on the night of February 23, 2010 after a police
action that resulted in the shooting death of Shawn Greenwood. This
group, facilitated by TFC Associates, has been instrumental in helping me,
the city, and thus the community, cope with such a major event.
It is incumbent upon us to not have this be a statement in words only. All members of
senior leadership are responsible and accountable for the continuation of this work. A
small working group will be appointed to work with me, the Human Resources
Department, the Workforce Advisory Committee, and Common Council to develop an
accountability system whereby we can track the above goals and make sure that it is
not only an annual statement, but a regularly reported mechanism that shows success
in adhering to and advancing our diversity goals.”
January 5, 2011
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Mayor Peterson announced that there would be a special Common Council meeting on
Wednesday, February 9, 2011 at 5:30 p.m. with the Workforce Diversity Advisory
Committee to discuss the City’s diversity goals.
CONSENT AGENDA ITEMS:
City Administration:
8.1 Finance/Controller - Designation of Official Newspaper - Resolution
By Alderperson Zumoff: Seconded by Alderperson Rosario
RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be
and is hereby designated as the official newspaper of the City of Ithaca for the year 2011.
Carried Unanimously
8.2 Finance/Controller - Collateral to Secure Deposits - Resolution
By Alderperson Zumoff: Seconded by Alderperson Rosario
RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan
Chase and M & T Bank as reported, be approved as to form and sufficiency.
Carried Unanimously
8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution
By Alderperson Zumoff: Seconded by Alderperson Rosario
RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond,
which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for
the year 2011.
Faithful Performance Blanket $250,000 National Grange
Bond Coverage Mutual Insurance Co.
Carried Unanimously
8.4 Finance/Controller - Designation of Common Council Meetings - Resolution
By Alderperson Zumoff: Seconded by Alderperson Rosario
RESOLVED, That the regular meetings of the Common Council, for the year 2011, be
held at 6:00 P.M., on the first Wednesday of each month, in the Common Council
Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise
determined by Common Council.
Carried Unanimously
8.5 Finance/Controller - Designation of Official Depositories - Resolution
By Alderperson Zumoff: Seconded by Alderperson Rosario
RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust
Company, the Fleet Bank, the JP Morgan Chase Bank and the M & T Bank be, and they
are, hereby designated as the official depositories of all City Funds for the year 2011.
Carried Unanimously
8.6 Common Council - Approval of 2011 Travel Policy - Resolution
By Alderperson Zumoff: Seconded by Alderperson Rosario
WHEREAS, there is to be held during the coming official year a) the New York State
Conference of Mayors Annual Meeting and Training School; b) the New York State
Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks,
and other national and regional conferences as applicable, and
WHEREAS, it is determined by the Mayor and Common Council that attendance by
certain municipal officials and City employees at one or more of these meetings,
conferences or schools benefits the municipality; now, therefore, be it
RESOLVED, That Common Council, the Mayor and City employees are hereby
authorized to attend said conferences or other applicable training events during 2011,
and be it further
RESOLVED, That the cost for all events must be derived from existing 2011
Departmental Budgets with appropriate approvals obtained as applicable, and be it
further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously
January 5, 2011
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8.7 Youth Bureau - Request to Amend 2011 Budget – Resolution
By Alderperson Zumoff: Seconded by Alderperson Rosario
WHEREAS, The Ithaca Youth Bureau and GIAC will be co-organizing an adult
basketball league this winter, and
WHEREAS, the Ithaca Youth Bureau will collect additional fees and purchase supplies
for the program, now, therefore, be it
RESOLVED, That Common Council hereby amends the 2011 Youth Bureau Budget to
account for said increase as follows:
Increase Revenue Account:
A 7310-2001-1530 Basketball $3,150
A 7310-2070 -1530 Basketball 500
$3,650
Increase Expense Account:
A 7310-5120-1530 Part-time $ 450
A7310-5435-1530 Contracts 2,372
A 7310-5460-1530 Program Supplies 765
A7310-9030 Social Security/Medicare 34
A7310-9040 Workers’ Compensation 29
$3,650
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
No items were submitted from the Planning and Economic Development committee.
CITY ADMINISTRATION COMMITTEE:
10.1 Request for Refund of Penalty on Payment of Taxes - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, Ithaca City School District property taxes for 2009-2010 were due and
payable (without interest/late fees) by October, 2009, and
WHEREAS, the final date to pay such taxes without an additional, substantial penalty
(that is levied by the City upon taxes that are a year in arrears) was September 30,
2010, and
WHEREAS, the owner of 507-09 Cliff Street, 323 Hillview Place and 335 Spencer Road
received the school tax bills for each of the afore-mentioned properties, in 2009 – which
bills listed the due dates, the amounts due and that penalties that would be incurred if
payments were not received on time – but failed to pay them in a timely manner, and
WHEREAS, when School District taxes for properties in the City are not paid by said
final due date, the City of Ithaca is then obligated to pay both the tax amount and all late
fees and/or interest accrued to date, with the expectation that the City will then recover
from the property owner both the amount of the tax and any accrued late fees or
interest, and
WHEREAS, after September 30th, the City imposes a penalty of 15% upon unpaid
School District taxes that were due by the previous October, and
WHEREAS, on October 4, 2010, the owner of the referenced properties paid the
overdue 2009-2010 taxes, together with an additional month’s late fees/interest (above
the late fees/interest due as of September 30, 2010) in the amount of $43.18 due to the
School District and $2.15 due to the City, as well as the 15% penalty of $748.05 due to
the City, for a total, additional amount of $793.38, and
WHEREAS, said property owner has stated that he missed the final due date because
of a death in the family, and for that reason has requested a refund of all additional fees,
interest and penalties incurred due to payment after September 30, 2010, and
January 5, 2011
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WHEREAS, in any case, NYS Real Property Tax Law prohibits the City of Ithaca from
waiving the additional penalty of $43.18 due to the Ithaca City School District, and
WHEREAS, the reason for failure to make a timely payment, as asserted by the
property owner, is not within the guidelines that allow for the waiver of the penalty in
certain situations (e.g., hospitalization or death of the owner), which guidelines were
established by the Common Council on June 13, 2001, “to streamline the waiver-of-
penalty-on-taxes procedure,” now therefore be it
RESOLVED, That the request for waiver of the additional fees and penalties levied
against the owner of 507-09 Cliff Street, 323 Hillview Place and 335 Spencer Road, as
a result of his failure to pay 2009-2010 school taxes by September 30, 2010, is hereby
denied.
Alderperson Clairborne stated that he voted against this resolution at the committee
meeting. While he agreed that the property owner missed the deadline to pay the taxes
due to a death in the family, they did pay it three days later. He stated that this
additional information is helpful, as it clarifies that the past due taxes were for 2009 not
2010.
Alderperson Myrick stated that he would support this Resolution since it is an income
property rather than an owner occupied residence.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 IURA Housing Fund, 2009 Funding Round – Convert Approved Loan
Assistance to Grant Assistance for the Women’s Community Building
Redevelopment Project - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, on November 22, 2010, Ithaca Neighborhood Housing Services, Inc.
(INHS) requested reallocation of $75,000 in Housing Fund assistance awarded for the
Women’s Community Building Redevelopment project (Project) be reallocated from the
Housing Affordability Program to the Community Housing Trust Program, thereby
converting loan assistance to grant assistance, and
WHEREAS, the Housing Fund contains two separate funding programs to assist in the
creation of affordable housing units, the Housing Affordability Program and the
Community Housing Trust Program, and
WHEREAS, the Housing Affordability Program provides loans for predevelopment costs
of affordable housing projects and the Community Housing Trust Program provides
grants for newly constructed or rehabilitated homes that will remain permanently
affordable for future generations of buyers, and
WHEREAS, pursuant to Common Council resolution of June 2, 2010, the City
authorized its contribution to the Housing Fund be used for the following uses:
1. $30,000 for predevelopment loan assistance through the Housing Affordability
Program to Ithaca Neighborhood Housing Services, Inc. for the Women’s
Community Building located at 100 W. Seneca Street, and
2. $70,000 for predevelopment loan assistance through the Housing Affordability
Program to Tompkins Community Action, Inc. for the Magnolia House project
located at 308-320 N. Meadow Street, and
WHEREAS, $30,000 of the $75,000 assistance awarded to the INHS Project derived
from City of Ithaca funds, and
WHEREAS, a Housing Fund Program Oversight Committee (POC) has been
established to govern the Housing Fund made up of representatives from each funder,
and includes Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member
Doug Dylla from the City, but that final funding decisions regarding expenditure of City
funds shall be approved by the Common Council, and
January 5, 2011
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WHEREAS, the POC reviewed this request at their November 30, 2010 meeting and
unanimously approved INHS’s request, noting that the project will include a binding
regulatory agreement requiring the housing to be affordable for a minimum of 50 years,
and
WHEREAS, the Women’s Community Building project has already undergone
environmental review through the site plan review process whereby the City of Ithaca
Planning & Development Board determined that this project will result in no significant
impact on the environment and issued a negative declaration for the project on
February 9, 2010; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca endorses the Housing
Fund Program Oversight Committee’s recommendation and hereby modifies its
approval per its June 2, 2010 resolution to authorize use of up to $30,000 of City funds
contributed to the Housing Fund as grant assistance through the Community Housing
Trust Program for the Women’s Community Building redevelopment project located at
100 W. Seneca Street.
Alderperson Rosario explained that the funding is designed to keep the housing units
permanently affordable as there is a deep need in the community for that type of
housing. He thanked the Ithaca Urban Renewal Agency for their work on this project.
Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Clairborne
RESOLVED, That the Resolved Clause be amended to read as follows:
“RESOLVED, That the Common Council for the City of Ithaca endorses the Housing
Fund Program Oversight Committee’s recommendation and hereby modifies its
approval per its June 2, 2010 resolution so as to authorize use of up to $30,000 of City
funds contributed to the Housing Fund as grant assistance through the Community
Housing Trust Program for the Women’s Community Building redevelopment project
located at 100 W. Seneca Street.”
Carried Unanimously
Main Motion as Amended:
A Vote on the Main Motion as Amended Resulted as Follows:
Carried Unanimously
10.3 IURA - Housing Fund, 2009 Funding Round, Authorize County/City/IURA
Fiscal Agency Agreement - Resolution
By Alderperson Coles: Seconded by Alderperson Mohlenhoff
WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the
Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca,
Tompkins County and Cornell University to develop, fund, and administer the
Community Housing Affordability Program and the Community Housing Trust Program
(Collectively known as the “Housing Fund”), and
WHEREAS, a Housing Fund Program Oversight Committee (POC) has been
established to govern the Housing Fund made up of representatives from each funder,
including Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member
Doug Dylla from the City, but that final funding decisions regarding expenditure of City
MOU funds shall be approved by the Common Council, and
WHEREAS, on June 2, 2010, the Common Council for the City of Ithaca authorized
disbursement of $100,000 of City Funds for affordable housing projects, and
WHEREAS, Tompkins County (County) desires to serve as fiscal agent for the Housing
fund, and
WHEREAS, the POC recommends that the County act as a single fiscal agent for the
Housing Fund whereby the County would enter into an agreement with the City and
Cornell University to administer Cornell University and the City’s contribution to the
Housing Fund, and
January 5, 2011
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WHEREAS, the Housing Trust MOU did not necessarily anticipate the formation of a
fiscal agent for the Housing Fund to create single funding agreements with each
recipient, but rather referenced that “each participating entity would have custody of and
manage its individual contributions”, and “enter into an agreement for disbursement of
funds to approved recipients based upon the template developed by the POC”, and
WHEREAS, a proposed fiscal agency agreement, dated December 12, 2010, has been
drafted to protect City interests but provide for the County to enter into uniform funding
agreements with recipients of Housing Fund assistance, and
WHEREAS, environmental review was previously completed on February 9, 2010 and
June 2, 2010 for use of City funds to be administered through the proposed Fiscal
Agency Agreement; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the
Mayor, subject to advice of the City Attorney, to enter into an agreement to administer
the City’s 2009 contribution to the Housing Fund that is substantially in conformance
with the proposed Fiscal Agency Agreement to Implement the Housing Fund Program
Between the County of Tompkins, the City of Ithaca and the Ithaca Urban Renewal
Agency, dated December 12, 2010.
Carried (9-0)
(Alderperson Myrick absent from vote)
10.4 IURA - Housing Fund, 2010 Funding Round – Authorize Disbursement of
$70,000 Pursuant to an Executed MOU - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November
30, 2010, to review applications for funding submitted in July 2010 and recommended
funding for the following affordable housing projects from the Housing Fund, which is
jointly capitalized by Cornell University, Tompkins County and the City of Ithaca:
Applicant Program Project Dollar Amount
Recommended
Number
of Units
Location
INHS Trust INHS Community
Housing Trust: New
Construction/Substantial
Rehabilitation
$140,000
(grant)
7 owner-
occupied
units
City of
Ithaca,
scattered
sites
Better
Housing
for
Tompkins
County
Affordability
Lansing Reserves
$75,000
(loan)
80 unit
Multi-
family
Northwoods
Drive,
Village of
Lansing
, and
WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the
Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca,
Tompkins County and Cornell University to develop, fund, and administer the
Community Housing Affordability Program and the Community Housing Trust Program
(Collectively known as the “Housing Fund”), and
WHEREAS, on April 1, 2009, the Common Council further found that the most
appropriate locations for new housing units assisted through MOU funds are project
sites located within existing urbanized areas of the County, rather than in new growth
nodes or other areas of the County, and
WHEREAS, the Community Housing Affordability Program assists with pre-
development costs associated with residential, and mixed-use real estate development
projects primarily benefiting low- and moderate-income households, and the Community
Housing Trust Program is a program designed to ensure that newly constructed or
rehabilitated homes that are made available to low- and moderate-income households
remain affordable to future generations of buyers, and
January 5, 2011
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WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan
proceeds held by the Ithaca Urban Renewal Agency, and
WHEREAS, the POC unanimously recommended the following funding plan to match
funding sources with housing projects recommended for funding:
Funding Sources
Cornell Tompkins City of
Project Name University County Ithaca Total
INHS Community Housing
Trust – scattered sites $70,000$70,000 $140,000
BHFTC – Lansing Reserves $75,000 $75,000
Total Round #2 Allocation
(2010) $75,000$70,000$70,000 $215,000
Round #1 Allocation (2009) $145,000$100,000$100,000 $345,000
Total Allocation $220,000 $170,000 $170,000 $560,000
Funds carried forward - round
#3 $180,000$30,000$30,000 $240,000
and,
WHEREAS, the POC recommends that the City contribution be earmarked for the INHS
Community Housing Trust project that will involve new construction and/or substantial
rehabilitation to create 7 affordable, owner-occupied housing units located within the
City of Ithaca at 524-530 Chestnut Street (4 units), 507 Cascadilla Street (1 unit), 305
East Falls Street (1 unit) and 10 Hawthorne Place (1 unit); and
WHEREAS, City of Ithaca funding is proposed to be used to fund construction and/or
substantial rehabilitation of single family and two-family residences, which action
qualifies as a Type II action listed at:
• §176-5(C)(8): “construction or expansion of a single-family, a two family, or a three
family residence on an approved lot including provision of necessary utility
connections as provided in Subsection C(10),” and
• §176-5(C)(2): “replacement, rehabilitation or reconstruction of a facility in kind on the
same site, including upgrading buildings to meet building or fire codes,“
therefore, no further environmental review is required for this proposed action; now,
therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes
expenditure of up to $70,000, pursuant to the Housing Fund MOU, to assist the INHS
Community Housing Trust: New Construction/Substantial Rehabilitation project as
recommended by the Housing Fund Program Oversight Committee, and be it further,
RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by
the Ithaca Urban Renewal Agency, and be it further,
RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to
execute a fiscal agency agreement with Tompkins County to implement this resolution.
Carried Unanimously
10.5 Attorney’s Office - Request to Amend Personnel Roster - Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, the current Assistant City Attorney has requested a reduction in the hours
she works for the City of Ithaca and the City Attorney wishes to grant said request, and
WHEREAS, the demands on the City Attorney’s office necessitate backfilling for the
reduced number of hours through hiring a temporary, part-time Associate Attorney, now
therefore be it
RESOLVED, That, effective January 10, 2011 Common Council hereby amends the
2011 Personnel Roster for the City Attorney’s Office as follows:
January 5, 2011
10
Delete: One (1) Assistant City Attorney (40 hours)
Add: One (1) Assistant City Attorney (20 hours)
Add: One (1) temporary Associate Attorney (20 hours)
and, be it further
RESOLVED, That consistent with Civil Service Law, this temporary Associate Attorney
position shall exist no more than twelve (12) months commencing from the date of
appointment.
Carried Unanimously
10.6 Common Council - A Property Tax Cap Must Include Mandate Relief -
Resolution
By Alderperson Coles: Seconded by Alderperson Mohlenhoff
WHEREAS, the level of property taxation throughout New York State has reached
levels that are considered too high, and
WHEREAS, New York State is one of the states that imposes a high burden of
inefficient mandates on municipalities, and
WHEREAS, pension payments and health insurance costs, two of the largest
components of every municipal budget over which local officials have little control have
and continue to increase at exorbitant rates, and
WHEREAS, pension costs from the State Retirement System will increase by an
average of 40% in both 2011 and 2012, and
WHEREAS, as a solution to New York’s property tax crisis, the Governor of New York
and the New York State Legislature will, in 2011, consider enactment of legislation
imposing a cap on the annual growth in property taxes, and
WHEREAS, a property tax cap will only work if it is simultaneously accompanied by a
repeal of current state mandates that require local governments to increase spending
and property taxes, and
WHEREAS, a property tax cap without repeal of costly state mandates will, by
definition, lead to drastic cuts in essential local services and dramatic layoffs of
municipal employees, and
WHEREAS, our State government has both consistently reduced State Aid to
Municipalities and has failed to amend the formulas which place municipalities with
significant percentages of tax exempt properties at a considerable disadvantage in how
it raises the monies needed for the delivery of essential services; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council, requests that the Governor of
the State of New York, the members of the New York State Senate and New York State
Assembly reform regulations for the cost drivers that account for high property taxes in
New York State and find other methods for providing overdue property tax relief to the
residents and businesses of New York State, and, be it further
RESOLVED, That a copy of this resolution be forwarded to Governor Andrew Cuomo,
State Senate Minority Leader John Sampson, State Senate Majority Leader Dean
Skelos, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb,
Senator Tom O’ Mara, Assemblywoman Barbara Lifton, and the New York State
Conference of Mayors.
Extensive discussion followed on the floor regarding the Governor’s State of the State
address and the impacts that a property tax cap along with unfunded State mandates
could have on the City of Ithaca.
January 5, 2011
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Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson Coles
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the City of Ithaca Common Council, requests that the Governor of
the State of New York, the members of the New York State Senate and New York State
Assembly reform regulations for the cost drivers that account for high property taxes in
New York State and find other methods for providing overdue property tax relief to the
residents and businesses of New York State, including pursuing revenue sources
including taxes that recognize and do not increase the enormous wealth and income
inequities in New York State, and, be it further”
Alderperson McCollister stated that she agrees with the general sentiment of the
language; however, she cannot support the amendment as it is not specific enough and
it makes too many assumptions about the State of New York finances. She further
noted that she believes that this topic deserves a larger discussion.
Alderperson Zumoff concurred with Alderperson McCollister stating that the intent of the
proposed language was good; however the actually wording was too vague and may
apply to too many people that do not fit into that category.
Alderperson Dotson explained that she understands that there are nuances to the
concept and that is why she selected more vague language. She stated that the intent
of this amendment was to send a statement to New York State that it is not appropriate
to balance its budget by passing on costs to the local municipalities. She noted that it
was her desire that the message to the State be unanimous, so she withdrew the
proposed amendment with Alderperson Coles’ consent.
A vote on the Main Motion resulted as follows:
Carried Unanimously
10.7 Human Resources - Reallocation of City Clerk’s Position - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, Common Council authorized the creation of a Public Information Division in
the City Clerk’s Office in the 2011 City of Ithaca budget, and
WHEREAS, the implementation of the Public Information Division will result in a
permanent and material change in the duties and responsibilities of the City Clerk, and
WHEREAS, the additional duties and responsibilities that are being assumed by the
City Clerk result in a change in the grade allocation of the position as determined by an
updated point factor analysis of the position, and
WHEREAS, funding for this grade reallocation was approved in the 2011 City Clerk’s
Office budget, now, therefore, be it
RESOLVED, That the position of City Clerk be reallocated from Grade 3 to Grade 4 of
the City of Ithaca Managerial Compensation Plan.
Discussion followed on the floor regarding the increased responsibilities of the City
Clerk and the new methods of communication that will be implemented through the City
Clerk’s office that will enable the City to communicate better with its residents.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.8 City Controller’s Report
City Controller Thayer reported to Common Council on the following items:
- Year end activity is underway
- The development of the dog control contract with the Tompkins County
SPCA and the participating towns is taking a phased approach to keep all six
municipalities on board. The City’s costs will decrease from a 2010 rate of
$89,500 to a rate of $76,600 in 2012.
January 5, 2011
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- The 2010 challenges will continue into 2011 with important conversations
taking place regarding staffing levels, service levels, and salaries.
- Sales tax revenue for 2010 increased 4.8% to 4.9% above 2009 collections
- Fine revenue will come in $125,000 above budgeted projections.
- Parking revenues are $185,000 to $200,000 under budget. The Board of
Public Works recently approved a Resolution that will eliminate the one hour
free parking in City garages.
- Revenue from the golf course is $24,000 under budget, perhaps because
current rates are too high
- State Aid revenue collection was decreased; however, that was anticipated
and budgeted for
- Overtime expenses are $1.3 million over budget
- Health care costs are over budget
- Pension cost payment of $3.1 million was made
- Cash flow is tightening up
- Lawsuits and claims against the City have been very active in 2010 and will
continue into 2011.
A question and answer session followed between Common Council members and the
City Controller regarding health care, pension, and parking costs.
11. REPORT OF SPECIAL COMMITTEES:
Charter and Code Review:
Alderperson Cogan reported that the committee has been working on the following:
Redistricting planning pursuant to the 2010 census data
Board of Fire Commissioners legislation review
Public Works Related Issues (see below)
Boards and Committees –efforts to streamline the advisory board/committee
structure. The committee would like feedback from Common Council liaisons on
how boards and committees are working and communicating.
Public Works Work Group:
Debriefing from the interviews conducted with executives of different
municipalities
Identifying problems/solutions/next steps
Proposals should be forthcoming in the first half of the year to regarding
management structure and operational procedures
Performance Measures Group:
Alderperson Mohlenhoff reported that the committee has been meeting twice a month to
establish an RFP for a consultant to develop a performance measurement system. The
system should allow all city departments to identify goals, increase organizational
effectiveness, identify citizen needs, and value the input of all city staff.
She stated that 2011 goals for the committee include completing the RFP; developing
audit policies and procedures; and designing and executing a city-wide survey.
Capital Project Planning Committee:
Alderperson Rosario reported on the two main goals of this committee:
1 - Resolving Council concerns about inability to make informed spending and
borrowing decisions without larger context of future capital projects.
2 - Resolving the following areas of concern identified by the NYS Comptroller:
i. need to establish a capital assets policy that reflects long-term goals and
objectives
ii. combining our existing equipment records with our infrastructure records so we
have comprehensive records that can be used for funding and replacement.
iii. creating and adopting a multi-year capital plan that is flexible, affordable and
considers replacement costs
January 5, 2011
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Parking Ad-Hoc Committee:
Alderperson Dotson reported that she has been working with City Chamberlain Parsons
on this topic and would provide an update soon.
Yard Waste:
Alderperson Dotson reported that the switch from plastic to paper bags was made with
virtually no complaints. This was a good example of effective public communication.
She noted that discussions are taking place on implementing a fee per bag for yard
waste.
Alderperson Coles reported that a sub-committee of the City Administration Committee
has been created to work on the issue of abandoned shopping carts which Alderperson
Rooker will chair.
12. NEW BUSINESS:
12.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider
Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili
Cook-Off on the Commons – Resolution
By Alderperson Myrick: Seconded by Alderperson Zumoff
RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the
sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider
at booths during the Winter Festival/Chili Cook-Off, February 19, 2011 on the Ithaca
Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries 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 sale or tasting of bottled wine and
bottled hard cider on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider
company 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
MAYOR’S APPOINTMENTS:
14.1 Resolution to Appoint City Representatives to the Tompkins County
Council of Governments (TCCOG)
By Alderperson Cogan: Seconded by Alderperson Rooker
WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting
to discuss ways the local governments could work together to reduce costs to the
residents; and
WHEREAS, the Committee has learned that other Counties have created a Council of
Governments made up of local government officials; and
WHEREAS, the Tompkins County Council of Governments is intended to be an
association of local governments organized to provide a forum for discussion, study,
and negotiation leading to agreements for more efficient, improved, or more cost
effective delivery of government services; and
WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council
of Governments; now, therefore, be it
RESOLVED, That Mayor Carolyn K. Peterson is hereby approved as the voting
member for the City of Ithaca of the Tompkins County Council of Governments; and be
it further
RESOLVED, That Maria Coles is appointed as the alternate voting member.
Carried Unanimously
January 5, 2011
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Board of Fire Commissioners:
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
RESOLVED, That Maureen Kelly be reappointed to the Board of Fire Commissioners
with a term to expire June 30, 2013, and be it further
Commons Advisory Board:
RESOLVED, That Tim Gray be appointed to the Commons Advisory Board to fill a
vacancy with a term to expire December 31, 2011, and be it further
Community Police Board:
RESOLVED, That Charles Firenze be reappointed to the Community Police Board with
a term to expire December 31, 2013.
Conservation Advisory Council:
RESOLVED, That Karimeh Shamieh be appointed to the Conservation Advisory
Council to fill a vacancy with a term to expire December 31, 2013, and be it further
Disability Advisory Council:
RESOLVED, That Courtney Glenn be appointed to the Disability Advisory Council to fill
a vacancy with a term to expire June 30, 2012, and be it further
Public Art Commission:
RESOLVED, That Jessica Shurberg be appointed to the Public Art Commission to fill a
vacancy with a term to expire June 30, 2012, and be it further
RESOLVED, That Samantha Hillson be appointed to the Public Art Commission to
replace Wilka Roig with a term to expire June 30, 2013, and be it further
Workforce Diversity Advisory Committee:
RESOLVED, That Erin Sember be appointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2013.
Carried Unanimously
Board of Public Works:
By Alderperson Cogan: Seconded by Alderperson McCollister
RESOLVED, That Govind Acharya be appointed to the Board of Public Works to
replace Cynthia Brock with a term to expire December 31, 2013.
Extensive discussion followed on the floor regarding the current vacancy on the Board,
and the Board member who will be replaced by this appointment and her wish to
continue serving on the Board. Support was also expressed for the person being
proposed for the appointment.
Motion to Enter Into Executive Session to Discuss the Appointment and Removal
of Individuals to a Board:
By Alderperson Coles: Seconded by Alderperson Rosario
RESOLVED, That Common Council adjourn into Executive Session to discuss the
appointment and removal of individuals to a Board.
Carried Unanimously
Common Council reconvened into Regular Session with no formal action taken.
A vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Rosario, McCollister, Myrick, Rooker, Cogan,
Mohlenhoff
Nays (2) Clairborne, Zumoff
Abstentions (0)
Carried (8-2)
REPORTS OF COMMON COUNCIL LIAISONS:
Mayor Peterson asked Common Council members to let her know if they need to
change any of their liaison positions for 2011.
January 5, 2011
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17. REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported to Common Council on the following:
- New legal action – an employee of the Ithaca Fire Department has filed a
Human Rights complaint claiming discrimination. This case is being handled
by the City’s insurance carrier.
- The City prevailed in an Article 78 proceeding brought by a City employee
- Oral arguments on the Markles Flat case will take place in Albany tomorrow.
A decision is expected in several weeks.
Alderperson Mohlenhoff requested an update on the cell tower application by Verizon.
Mayor Peterson responded that she is working with Assemblywoman Barbara Lifton
and Jean McPheeters, Executive Director of the Tompkins County Chamber of
Commerce on this issue.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the December 1, 2010 Regular Common Council Meeting
Minutes – Resolution
By Alderperson Zumoff: Seconded by Alderperson Coles
RESOLVED, That the minutes of the December 1, 2010 Regular Common Council
Meeting be approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor