HomeMy WebLinkAboutMN-CC-2011-07-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. July 6, 2011
PRESENT:
Mayor Peterson
Alderpersons (8) Coles, Rosario, Clairborne, McCollister, Rooker, Myrick, Cogan,
Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning & Development Director – Cornish
Superintendent of Public Works – Gray
City Planner – Nicholas
EXCUSED:
Alderperson Dotson
Alderperson Zumoff
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Individual Member Filed Resolutions:
Alderperson Rosario requested the addition of Item 9.4 entitled “Rescission of Negative
Declarations (originally approved on May 4, 2011) Associated with Collegetown
Rezoning – Resolution”
No Council Member Objected
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the following Proposals to Amend Chapter
325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the
Collegetown Overlay Zone Height Incentive District, to Consider the Proposal to
Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as
to Repeal the “Payment in Lieu of Parking Fee Option” provision of the
Collegetown Parking Overlay Zone, to Repeal Chapter 160 of the City of Ithaca
Municipal Code entitled “Design Review”, to amend Chapter 272 of the City of
Ithaca Municipal Code entitled “Signs”, Subsection 272-6.A(6)b; to amend
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-10
entitled “Accessory Apartments”, Subsection D.6; and to amend Chapter 325 of
the City of Ithaca Municipal Code entitled “Zoning”, Article VIII entitled
“Courthouse Special Use Zone”.
Resolution to Open Public Hearing:
By Alderperson Rosario: Seconded by Alderperson Myrick
RESOLVED, That the Public Hearing to Consider the following Proposals to Amend
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the
Collegetown Overlay Zone Height Incentive District, to Consider the Proposal to Amend
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the
“Payment in Lieu of Parking Fee Option” provision of the Collegetown Parking Overlay
Zone, to Repeal Chapter 160 of the City of Ithaca Municipal Code entitled “Design
Review”, to amend Chapter 272 of the City of Ithaca Municipal Code entitled “Signs”,
Subsection 272-6.A(6)b; to amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning”, Section 325-10 entitled “Accessory Apartments”, Subsection D.6; and
to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Article VIII
entitled “Courthouse Special Use Zone” be declared open.
Carried Unanimously
July 6, 2011
2
The following people addressed Common Council:
Anne Clavel, City of Ithaca, provided an analysis of the ten properties owned by the
Lower’s in Collegetown and what costs would be involved if the City approved the
payment in lieu of parking proposal.
Mark Fisher, City of Ithaca, read a letter written by Todd Saddler that expressed his
opposition to the proposed zoning changes and concerns regarding properties that
could be purchased by Cornell University and taken off the tax rolls.
Fay Gougakis, City of Ithaca, voiced her support for the previous comments, and her
concerns regarding the removal of properties from the city’s tax roll.
Joel Harlan, Town of Newfield, expressed his support for the previous comments.
Resolution to Close Public Hearing:
By Alderperson McCollister: Seconded by Alderperson Rooker
RESOLVED, That the Public Hearing to Consider the following Proposals to Amend
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the
Collegetown Overlay Zone Height Incentive District, to Consider the Proposal to Amend
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the
“Payment in Lieu of Parking Fee Option” provision of the Collegetown Parking Overlay
Zone, to Repeal Chapter 160 of the City of Ithaca Municipal Code entitled “Design
Review”, to amend Chapter 272 of the City of Ithaca Municipal Code entitled “Signs”,
Subsection 272-6.A(6)b; to amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning”, Section 325-10 entitled “Accessory Apartments”, Subsection D.6; and
to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Article VIII
entitled “Courthouse Special Use Zone” be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Stan Mulvihill, Project Manager, of McCormack Baron Salazar Reporting on
the Southwest Project:
Planning and Development Director JoAnn Cornish and City Planner, Lisa Nicholas
joined Mr. Mulvihill for the presentation to Common Council.
Copies of the Executive Summary of the report were distributed to Common Council
members. Mr. Mulvihill provided a brief overview of the project including the 2006 vision
statement. The proposal included a mixed use of the property but would be mostly
residential in nature with a goal of developing a mixed income, ecologically superior
community. He explained that the study considered environmental, geological, and
geo-technical issues. The conclusions of the study found that the project is
encumbered by the nearby wetlands and jurisdictional issues of the Army Corp of
Engineers; therefore, the parcel cannot be fully developed as proposed. As a result of
this conclusion, McCormack Baron Salazar has determined that they cannot be the
developers for the project due to the reduced number of housing units that could be built
on the parcel. He further explained that finance options are very different now than
when the study began, making it more difficult to obtain the necessary funding for such
a project. He further noted that informed discussions would continue regarding the
development of a new vision for the 60 acre site.
City Planner Nicholas commented that the information gathered as a result of this study
has been invaluable to the Planning Department and is already being used for the
dredging project. She noted that all the studies will be posted to the City’s website for
public review.
Alderperson Coles stated that she was disappointed in the results of the study but proud
of the work that has been completed and the efforts of Common Council to stop the
development of the proposed Taughannock Boulevard extension.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Susan Titus, City of Ithaca, submitted an additional petition regarding the removal of
trees from the Commons, and voiced her opposition to the proposed Commons Repair
Project.
July 6, 2011
3
Pam Mackesey, City of Ithaca, encouraged Common Council to respond quickly and
forcefully to the Draft Generic Environmental Impact Statement regarding hydro-
fracking. She further encouraged Council members to join in her efforts to demand that
Governor Cuomo send the document back to the drawing board as it only protects the
New York City and Syracuse watersheds.
Robert Harris, Town of Ithaca, spoke about Cornell University’s decision to move the
Africana Center into the College of Arts & Sciences.
Tomo Shibato, City of Ithaca, addressed issues regarding international organized
stalking abuse.
John Oakley, City of Ithaca, expressed appreciation to Alderperson Maria Coles for her
service to residents of South Hill on both the big and the small issues. He urged Council
to replace her with someone who is eager to serve because it is not fair to leave a
vacancy in that office. He expressed his support for the appointment of George
McGonigal to fill the 1st Ward seat.
Fay Gougakis, City of Ithaca, spoke in support of Ithaca banning hydro-fracking, even if
it is only a symbolic gesture.
Joel Harlan, Town of Newfield, addressed issues regarding hydro-fracking and
Southwest Park development.
Satomi Hill, City of Ithaca, expressed her thanks to Alderperson Maria Coles for her
service to the 1st Ward. She urged Common Council to fill the seat and not leave it
vacant because it would deprive 1st Ward residents of appropriate representation.
George McGonigal, City of Ithaca, extended his thanks to Alderperson Maria Coles for
her service not only to the 1st Ward, but to the City of Ithaca. He noted that Alderperson
Jennifer Dotson is away for a month and with the resignation of Alderperson Coles, it
would not be fair to the residents of the First Ward to leave them without any
representation for a month.
Janis Kelly, City of Ithaca, thanked Alderperson Maria Coles for her years of faithful,
steadfast, and dedicated service to the 1st Ward. She urged Common Council to fill the
seat, but not with a person who is running for the office.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Cogan responded to comments made by Ms. Clavel and clarified issues
relating to the payment in lieu of parking proposal.
Alderperson Coles responded to comments made about the need to have
representation in the First Ward since Alderperson Dotson is away for a month. She
urged Council to fill her seat by appointing Mr. McGonigal. She noted that it is very
difficult for her to leave the 1st Ward and that she hoped that Common Council would
not make it more difficult by not filling the position.
Discussion followed on the floor regarding what the process would be to fill the vacancy
in the 1st Ward as only one letter of interest/resume was received by the deadline.
Discussion followed on the floor regarding extending the deadline to submit letters of
interest as interest in the position was expressed by 2 additional people after the
deadline had passed and there is an interest in being able to select from a diverse pool
of candidates. Various Council members expressed their concerns about leaving the
First Ward with no representation for a month. Further discussion was held on the
appropriateness of appointing someone to the position who is running in a contested
race for the seat, and what was once the traditional method of filling these types of
vacancies by the Ward Committees for the appropriate political party.
Motion to Add Nomination of First Ward Alderperson to Agenda:
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
RESOLVED, That the nomination of the First Ward Alderperson be added to the
agenda for consideration at tonight’s meeting.
Carried Unanimously (8-0)
July 6, 2011
4
Alderperson Coles nominated George McGonigal to fill the vacancy of the First Ward
Common seat. Alderperson Mohlenhoff seconded the nomination.
No other nominations were offered.
Resolution:
By Alderperson Coles: Seconded by Alderperson Mohlenhoff
RESOLVED, That George McGonigal be appointed to fill the vacancy in the First Ward
created by the resignation of Alderperson Maria Coles.
Carried Unanimously (8-0)
Mayor Peterson welcomed newly appointed 1st Ward Alderperson George McGonigal to
Common Council. She further expressed her gratitude to Alderperson Coles for her
time, expertise, hard work, and willingness to serve the City not only as a Council
member but as Acting Mayor, and Chair of City Administration Committee, and for her
years of dedicated service to her First Ward constituents.
Alderperson Coles left the meeting at 7:45 p.m. with a standing ovation.
Alderperson Mohlenhoff noted that the City should have a written process/policy in
place for future vacancies. She volunteered to take the lead on drafting language for a
proposed process.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Fire Department - Request to Amend 2011 Authorized Budget for Receipt of
Grant - Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
WHEREAS, the Ithaca Fire Department has been awarded a Federal Emergency
Management Agency (FEMA) Assistance to Firefighters Grant (AFG) in the amount of
$100,000, and
WHEREAS, the grant funds will be used to purchase and install ten multi-function
DVRS (Digital Vehicle Repeater System) units in the emergency response apparatus
which will improve portable radio communication within buildings, and
WHEREAS, the grant requires a 10% local match of $10,000, and
WHEREAS, the total project cost will be $108,100 with the sources of funding as
follows:
FEMA Grant $90,000
2010 Encumbered Funds 10,000
CP #714 IFD Communications Equipment 8,100
$108,100
now, therefore be it
RESOLVED, That Common Council hereby amends the 2011 authorized City budget by
an amount not to exceed $90,000 to account for the Federal Emergency Management
Agency Assistance to Firefighters grant as follows:
Increase Revenue Account
A3410-4389 Federal Aid Public Safety $90,000
Increase Appropriations Account:
A3410-5225-12250 Other Equipment $90,000
Carried Unanimously (7-0)
Alderperson Coles absent from vote
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning”, So as to Repeal the Collegetown Overlay Zone Height Incentive
District
July 6, 2011
5
A. Declaration of Lead Agency for Environmental Review – Resolution
By Alderperson Rosario: Seconded by Alderperson McCollister
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Municipal Zoning Code to repeal the Collegetown Overlay Zone Height Incentive District
(COZ-HI).
Carried Unanimously (7-0)
Alderperson Coles absent from vote
B. Determination of Environmental Significance - Resolution
By Alderperson Rosario: Seconded by Alderperson Mohlenhoff
WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an
ordinance intended to amend Chapter 325 (“Zoning”) of the Municipal Code for the City,
and the Official Zoning Map, so as to establish the “Collegetown Overlay Zone Height
Incentive District” (COZ-HI), which would allow a property owner in the district to
construct an additional, seventh story if the building or project in question provided
certain, identified community benefits; and
WHEREAS, said ordinance, as written, was intended to be implemented in conjunction
with several other, inter-related ordinances that addressed land use, parking and design
issues in the Collegetown area, including the establishment of new, “form-based” zoning
districts (which districts are referred to in and are integral to the COZ-HI amendment);
and
WHEREAS, while the ordinance to establish form-based districts received seven of ten
votes, the filing of a protest by certain affected property owners, immediately prior to the
vote, had the effect of requiring at least eight votes for its passage – meaning it was not
approved; and
WHEREAS, as a result of this unanticipated situation, the Council voted, on May 12,
2011, to delay publication of the required notice of the adoption of the COZ-HI
ordinance (and the other, related ordinances), pending its further consideration of the
appropriate course of action; and
WHEREAS, implementation of the COZ-HI, as currently written, without the form-based
districts in place, would be undesirable, which outcome can be avoided by repeal of the
inter-related ordinances enacted on May 4, 2011, and
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to repeal the Collegetown Overlay Zone Height Incentive
District (COZ-HI), and
WHEREAS, appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated June 30, 2011,
and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
July 6, 2011
6
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated June 30, 2011, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
C. An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal
Code entitled “Zoning”, So as to Repeal the Collegetown Overlay Zone Height
Incentive District
By Alderperson Rosario: Seconded by Alderperson McCollister
WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an
ordinance intended to amend Chapter 325 (“Zoning”) of the Municipal Code for the City,
and the Official Zoning Map, so as to establish the “Collegetown Overlay Zone Height
Incentive District” (COZ-HI), which would allow a property owner in the district to
construct an additional, seventh story if the building or project in question provided
certain, identified community benefits; and
WHEREAS, said ordinance, as written, was intended to be implemented in conjunction
with several other, inter-related ordinances that addressed land use, parking and design
issues in the Collegetown area, including the establishment of new, “form-based” zoning
districts (which districts are referred to in and are integral to the COZ-HI amendment);
and
WHEREAS, while the ordinance to establish form-based districts received seven of ten
votes, the filing of a protest by certain affected property owners, immediately prior to the
vote, had the effect of requiring at least eight votes for its passage – meaning it was not
approved; and
WHEREAS, as a result of this unanticipated situation, the Council voted, on May 12,
2011, to delay publication of the required notice of the adoption of the COZ-HI
ordinance (and the other, related ordinances), pending its further consideration of the
appropriate course of action; and
WHEREAS, implementation of the COZ-HI, as currently written, without the form-based
districts in place, would be undesirable, which outcome can be avoided by repeal of the
inter-related ordinances enacted on May 4, 2011; now, therefore,
ORDINANCE NO. 2011-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 325 entitled (“Zoning”) of the Municipal Code of the City of Ithaca is
hereby amended as follows:
Deletion of Section 325-42 (“Collegetown Overlay Zone Height Incentive
District (COZ-HI)”) in its entirety, including all subsections thereunder, and
renumbering of all sections in said Chapter, following 325-41, accordingly.
Deletion from Section 325-4 (entitled “Establishment of Districts”) of any reference
to the Collegetown Overlay Zone Height Incentive District.
Deletion from Section 325-5 (entitled “Zoning Maps”) of any reference to the
Collegetown Overlay Zone Height Incentive District.
July 6, 2011
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Section 2. The Official Zoning Map of the City of Ithaca, New York, is hereby amended
to delete any reference to the Collegetown Overlay Zone Height Incentive District
Section 3. 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 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously (6-0)
Alderpersons Myrick and Coles absent from vote
9.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning”, So as to Repeal the May 4, 2011 Amendment to the
Collegetown Parking Overlay Zone
A. Declaration of Lead Agency for Environmental Review – Resolution
By Alderperson Rosario: Seconded by Alderperson Rooker
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Municipal Zoning Code to repeal the May 4, 2011 amendments to the Collegetown
Parking Overlay Zone (CPOZ).
Carried Unanimously (7-0)
Alderperson Coles absent from vote
B. Determination of Environmental Significance - Resolution
By Alderperson Rosario: Seconded by Alderperson Mohlenhoff
WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an
ordinance intended to amend Chapter 325 entitled (“Zoning”) of the Municipal Code for
the City, so as to modify the “Collegetown Parking Overlay Zone” (CPOZ), which would
change off-street parking requirements in certain areas of Collegetown, would eliminate
the option to provide required parking off-site, and would provide property owners within
the CPOZ with the option of paying a per-space fee to the City in lieu of providing one or
more required off-street parking spaces; and
WHEREAS, said ordinance, as written, was intended to be implemented in conjunction
with several other, inter-related ordinances that addressed land use, parking and design
issues in the Collegetown area, including the establishment of new, “form-based” zoning
districts (which districts are referred to in and are integral to the CPOZ amendment);
and
WHEREAS, while the ordinance to establish form-based districts received seven of ten
votes, the filing of a protest by certain affected property owners, immediately prior to the
vote, had the effect of requiring at least eight votes for its passage – meaning it was not
approved; and
WHEREAS, as a result of this unanticipated situation, the Council voted on May 12,
2011, to delay publication of the required notice of the adoption of the CPOZ
amendment (and the other, related ordinances), pending its further consideration of the
appropriate course of action; and
July 6, 2011
8
WHEREAS, implementation of the above-described CPOZ amendment, as currently
written, without the form-based districts in place, would be undesirable, which outcome
can be avoided by repeal of the ordinances enacted on May 4, 2011, and
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to repeal the May 4, 2011 amendments to the Collegetown
Parking Overlay Zone that (1) established a payment in lieu of parking system; (2)
eliminated the option of providing off-site parking areas within the CPOZ; and (3)
reduced the residential parking requirements for certain zoning districts within the
CPOZ, and
WHEREAS, appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated June 30, 2011,
and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, dated June 30, 2011, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
C. An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal
Code entitled “Zoning”, So as to Repeal the May 4, 2011 Amendment to the
Collegetown Parking Overlay Zone
By Alderperson Rosario: Seconded by Alderperson Myrick
WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an
ordinance intended to amend Chapter 325 entitled (“Zoning”) of the Municipal Code for
the City, so as to modify the “Collegetown Parking Overlay Zone” (CPOZ), which would
change off-street parking requirements in certain areas of Collegetown, would eliminate
the option to provide required parking off-site, and would provide property owners within
the CPOZ with the option of paying a per-space fee to the City in lieu of providing one or
more required off-street parking spaces; and
WHEREAS, said ordinance, as written, was intended to be implemented in conjunction
with several other, inter-related ordinances that addressed land use, parking and design
issues in the Collegetown area, including the establishment of new, “form-based” zoning
districts (which districts are referred to in and are integral to the CPOZ amendment);
and
WHEREAS, while the ordinance to establish form-based districts received seven of ten
votes, the filing of a protest by certain affected property owners, immediately prior to the
vote, had the effect of requiring at least eight votes for its passage – meaning it was not
approved; and
WHEREAS, as a result of this unanticipated situation, the Council voted on May 12,
2011, to delay publication of the required notice of the adoption of the CPOZ
amendment (and the other, related ordinances), pending its further consideration of the
appropriate course of action; and
July 6, 2011
9
WHEREAS, implementation of the above-described CPOZ amendment, as currently
written, without the form-based districts in place, would be undesirable, which outcome
can be avoided by repeal of the ordinances enacted on May 4, 2011; now, therefore,
ORDINANCE NO. 2011-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 325 (“Zoning”) of the Municipal Code of the City of Ithaca is hereby
amended as follows:
Deletion of Section 325-43 (entitled “Collegetown Parking Overlay Zone”) in its
entirety, including all subsections thereunder, and renumbering of the
subsections of Chapter 325 following Section 325-40, so as to restore the
sequence, numbering and text in place prior to May 4, 2011.
(2) Addition of the following as Subsection 325-20.C(3)(c):
(c) Parking in the Collegetown Parking Overlay Zone
[1] Notwithstanding anything to the contrary contained herein, in the
CPOZ, required off-street parking for residential uses in the R-
3a and R-3b Zoning Districts (Residential) and the B-2a and B-
2b Zoning Districts (Business) shall be one space for every two
resident occupants in the areas designated CPOZ on the map
entitled “Collegetown Parking Overlay Zone,” dated June 2000,
a copy of which is on file in the Ithaca City Clerk’s Office.
[2] The requirements contained in §325-20.C(3)(c) shall not apply
to buildings existing within the designated areas, as of October
4, 2000. Parking requirements for such buildings within these
areas shall remain as specified in the chart at §325-20.C(3)(b),
provided that there is no increase in the number of resident
occupants. Notwithstanding anything to the contrary contained
in this Code, in cases where the number of resident occupants
is increased, the parking requirements of the Collegetown
Parking Overlay Zone shall be applied only to the additional
resident occupants.
(3) Relettering of the subsequent subsections of 325-20.C(3), accordingly, so as
to restore the sequence, lettering and text in place prior to May 4, 2011.
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 notices as provided in the Ithaca City Charter.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
9.3 An Ordinance to Repeal Chapter 160 of the City of Ithaca Municipal Code
entitled “Design Review”, to amend Chapter 272 of the City of Ithaca Municipal
Code entitled “Signs”, Subsection 272-6.A(6)b; to amend Chapter 325 of the City
of Ithaca Municipal Code entitled “Zoning”, Section 325-10 entitled “Accessory
Apartments”, Subsection D.6; and to amend Chapter 325 of the City of Ithaca
Municipal Code entitled “Zoning”, Article VIII entitled “Courthouse Special Use
Zone”.
A. Declaration of Lead Agency for Environmental Review – Resolution
By Alderperson Rosario: Seconded by Alderperson Myrick
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
July 6, 2011
10
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed repeal of the “City of Ithaca Design Review Ordinance” is an
“Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance,
which requires environmental review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of an ordinance to amend the
Municipal Code to repeal Chapter 160, “Design Review.”
Carried Unanimously (7-0)
Alderperson Coles absent from vote
B. Determination of Environmental Significance - Resolution
By Alderperson Rosario: Seconded by Alderperson Myrick
WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted a set of
ordinances intended to:
(1) add a new chapter to the Municipal Code for the City, namely, Chapter 160,
entitled “Design Review;”
(2) amend Chapter 272 (“Signs”), Subsection 272-6.A(6)b;
(3) amend Chapter 325 (“Zoning”), Section 325-10 (“Accessory Apartments”),
Subsection D.6; and
(4) amend Chapter 325 (“Zoning”), Article VIII (“Courthouse Special Use Zone”);
all of which amendments were intended to separate design review from the zoning
ordinance, make design review binding in the Collegetown area, and transfer
responsibility for implementation of design review from the Design Review Board to the
Planning and Development Board; and
WHEREAS, said ordinances concerning design review, as written, were intended to be
implemented in conjunction with three other, inter-related ordinances that addressed
land use and parking issues in the Collegetown area, including the establishment of
new, “form-based” zoning districts (which districts are referred to in and are integral to
the design review ordinance); and
WHEREAS, while the ordinance to establish form-based districts (and to repeal the
existing design review process) received seven votes, the filing of a protest by certain
affected property owners, immediately prior to the vote, had the effect of requiring at
least eight votes for its passage – meaning it was not approved; and
WHEREAS, as a result of this unanticipated situation, the Council voted on May 12,
2011, to delay publication of the required notice of the adoption of the new design
review ordinance (and the other three ordinances associated with it), pending its further
consideration of the appropriate course of action; and
WHEREAS, implementation of the new design review process, as currently written,
without the form-based districts in place and/or without repeal of the existing process,
would be undesirable and unenforceable, which outcome can be avoided by repeal of
the various ordinances enacted on May 4, 2011
WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in
order to repeal Chapter 160, “Design Review,” and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated June 30, 2011,
and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
July 6, 2011
11
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions set forth on the Short Environmental
Assessment Form, dated June 30, 2011, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
C. An Ordinance to Repeal Chapter 160 of the City of Ithaca Municipal Code
entitled “Design Review”, to amend Chapter 272 of the City of Ithaca Municipal
Code entitled “Signs”, Subsection 272-6.A(6)b; to amend Chapter 325 of the City
of Ithaca Municipal Code entitled “Zoning”, Section 325-10 entitled “Accessory
Apartments”, Subsection D.6; and to amend Chapter 325 of the City of Ithaca
Municipal Code entitled “Zoning”, Article VIII entitled “Courthouse Special Use
Zone”
By Alderperson Rosario: Seconded by Alderperson Myrick
WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted a set of
ordinances intended to:
• Add a new chapter to the Municipal Code for the City, namely, Chapter 160,
entitled “Design Review;”
• Amend Chapter 272 (“Signs”), Subsection 272-6.A(6)b;
• amend Chapter 325 (“Zoning”), Section 325-10 (“Accessory Apartments”),
Subsection D.6; and
• amend Chapter 325 (“Zoning”), Article VIII (“Courthouse Special Use Zone”);
all of which amendments were intended to separate design review from the zoning
ordinance, make design review binding in the Collegetown area, and transfer
responsibility for implementation of design review from the Design Review Board to the
Planning and Development Board; and
WHEREAS, said ordinances concerning design review, as written, were intended to be
implemented in conjunction with three other, inter-related ordinances that addressed
land use and parking issues in the Collegetown area, including the establishment of
new, “form-based” zoning districts (which districts are referred to in and are integral to
the design review ordinance); and
WHEREAS, while the ordinance to establish form-based districts (and to repeal the
existing design review process) received seven votes, the filing of a protest by certain
affected property owners, immediately prior to the vote, had the effect of requiring at
least eight votes for its passage – meaning it was not approved; and
WHEREAS, as a result of this unanticipated situation, the Council voted on May 12,
2011, to delay publication of the required notice of the adoption of the new design
review ordinance (and the other three ordinances associated with it), pending its further
consideration of the appropriate course of action; and
WHEREAS, implementation of the new design review process, as currently written,
without the form-based districts in place and/or without repeal of the existing process,
would be undesirable and unenforceable, which outcome can be avoided by repeal of
the various ordinances enacted on May 4, 2011; now, therefore,
July 6, 2011
12
ORDINANCE NO. 2011-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
The Municipal Code of the City of Ithaca is hereby amended as follows:
Deletion of Chapter 160 (“Design Review”) in its entirety, including all sections
and subsections thereunder.
Deletion of Subsection 272-6.A(6)(b), of Chapter 272 (“Signs”), as said
subsection was enacted on May 4, 2011.
Addition of the following to Chapter 272 (“Signs”), as Subsection 272-6.A(6)(b),
with the subsequent subsection to be relettered accordingly (as “(c)”):
(b) Upon receipt of a proposal for a mural for any property subject to the provisions of
Chapter 325, Zoning, § 324-42, Design review, or Article VIII, Courthouse Special Use
Zone, or Chapter 228, Landmarks Preservation, of this Code or facing such property,
the Building Commissioner shall notify the Design Review Board, the Public Art
Commission and/or Landmarks Commission, as applicable, for their information and
any appropriate action and shall so inform the applicant.
Deletion of Subsection 325-10.D(6) (“Exterior appearance.”), of Chapter 325
(“Zoning”), as said subsection was enacted on May 4, 2011.
Addition of the following to Chapter 325 (“Zoning”), as Subsection 325-10.D(6),
with the subsequent subsections to be relettered accordingly:
(6) Exterior appearance. If an accessory apartment is located in the main building, the
entry to the building and its design shall be such that the appearance of the building
shall remain as a single family residence. New or additional front entrances or windows
are discouraged but in any event must be in keeping with the architectural style of the
rest of the structure. Exterior stairways may only be constructed in the rear, except
where an alternate location would be less publicly visible. Any exterior design
changes may be referred by the Board of Zoning Appeals to the Design Board for its
technical advice. New or additional front entrances must have the approval of the
Design Review Board.
Deletion of Subsections 325-46.A and 325-46.B, of Chapter 325 (“Zoning”), as
said subsections were identified and enacted on May 4, 2011, by Ordinance
2011-__.
Addition of the following to Chapter 325 (“Zoning”), as Subsections 325-44.A and
325-44.B, under Section 325-44 (“Review of construction, demolition and
alteration”):
A. Demolition, exterior alteration or enlargement of structures or parking areas or
construction of new buildings or parking areas in C-SU Zones shall be subject to strict
review and approval by the Design Review Board and the Ithaca Landmarks
Preservation Commission within their respective areas of responsibility. (See
Subsection B below and §325-41, Design Review.) Proposals for demolition of
structures within the C-SU Zone but outside designated City landmark districts shall
nonetheless be referred to the Landmarks Preservation Commission, which shall make
its recommendation to the Design Review Board before the latter takes final action.
B. Demolition, exterior alteration or enlargement of structures or parking areas or
construction of new buildings or parking areas in C-SU Zones shall be subject to design
review as provided in § 325-41 of this chapter. In performing such review and
recommending any modifications to proposed exterior work, the Design Review Board
shall pay particular attention to the visual effect of such work on the character of the
area and adjacent residential zones. In no case shall the Design Review Board take
final action on a proposal for demolition within any part of the C-SU Zone which is not
July 6, 2011
13
within a locally designated landmark district before receiving the recommendation of the
Landmarks Preservation Commission on such proposal. Approval of proposed
demolitions, alterations or new construction within the C-SU Zone by the Design Review
Board or the Landmarks Preservation Commission, as applicable, shall be a
prerequisite of approval of such proposals by the Building Commissioner and the Board
of Zoning Appeals, as appropriate.
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 notices as provided in the Ithaca City Charter.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
INDIVIDUAL MEMBER FILED RESOLUTIONS:
9.4 Rescission of Negative Declarations (originally approved on May 4,
2011)Associated with Collegetown Rezoning
By Alderperson Rosario: Seconded by Alderperson McCollister
WHEREAS, prior to its consideration, on May 4, 2011, of a set of four proposed, inter-
related ordinances intended to change certain zoning designations and requirements,
as well as design review procedures, for the Collegetown area of the City of Ithaca, the
Common Council designated itself as lead agency for each of the proposed actions and
conducted environmental reviews of the same; and
WHEREAS, for each of the proposed ordinances, based on the completion of Parts 1, 2
and 3 of a Full Environmental Assessment Form (FEAF), the Common Council
determined, on May 4, 2011, that its adoption would not have a significant impact on the
environment, and caused to be issued a so-called negative declaration, pursuant to
State and City environmental review procedures; and
WHEREAS, on May 4, 2011, as a result of a protest filed by certain affected owners of
property within the Collegetown area, one of the four ordinances (which would have
established form-based zoning districts in place of existing districts) failed to pass, thus
essentially rendering the other three ordinances ineffective; and
WHEREAS, on July 6, 2011, the Common Council repealed the three ordinances that
were adopted on May 4, 2011, pertaining to Collegetown rezoning and design review;
and
WHEREAS, any reconsideration of Collegetown rezoning or revision of the City’s design
review process may entail modification of the proposed terms and conditions of such
legislation, thus requiring a new round of environmental review; now therefore be it
RESOLVED, that each of the negative declarations of environmental significance
issued by Common Council, on May 4, 2011, for the following proposed actions, be and
hereby is rescinded:
1. Establishment of Collegetown Area Form Districts;
2. Establishment of Collegetown Overlay Height Incentive District;
3. Establishment of Collegetown Parking Overlay Zone; and
4. Establishment of Design Review Ordinance (Chapter 160 of Municipal Code).
Carried Unanimously (7-0)
Alderperson Coles absent from vote
13.1 Resolution to Cornell University Administrators Regarding the Change in
Status for the Africana Studies and Research Center
By Alderperson Clairborne: Seconded by Alderperson Rosario
WHEREAS, Cornell University is responsible for providing a world-class education for
its students who come from places across this country and from around the globe, and
July 6, 2011
14
WHEREAS, the founding of the Cornell’s Africana Studies and Research Center
(ASRC) in 1969 was born from the proclaimed and generally agreed-upon terms of
providing a safe intellectual, physical, and social space for Black students during a
period of overt hostility towards the university’s students of color, and
WHEREAS, the original institutional structure of ASRC as a cross-disciplinary and
intercollegiate unit has been intentionally designed by the university administration to
help it advance its unique intellectual, cultural, and scholar-activist goals, and
WHEREAS, Cornell has had to make multiple adjustments in both its budget and
operations in order to sustain itself and its mission through the turbulent economic times
this country continues to face, and
WHEREAS, the City of Ithaca Common Council recognizes the very difficult choices
facing Cornell’s administration as it continues to deal with the current negative budget
climate, and
WHEREAS, while acknowledging that Cornell’s top administration, its Board of
Trustees, and the City’s Mayor and Common Council are separate entities, Common
Council also recognizes that decisions made by one body may have ramifications on
areas of responsibility of the other, and
WHEREAS, on December 1, 2010, the president and the provost of Cornell handed
down a decision to significantly alter the institutional structure of the ASRC,
transforming it from a stand-alone intercollegiate unit that reports directly to the Provost
Office into a yet-to-be determined academic entity absorbed into an already established
college at Cornell, and
WHEREAS, members of ASRC’s faculty, students, and staff have said publicly that:
they had no prior knowledge of this decision; that evidence points to disclosure to
faculty elsewhere on the campus; that evidence suggests the initial decision-making
process intentionally excluded ASRC’s members; and that they continue to request a
meaningful dialogue with Cornell administrators, and
WHEREAS, for over 42 years, and as this nation’s first such institution, ASRC’s unique
intercollegiate status has stood as a model to other Africana ethnic studies programs
across the nation and the globe yet it feels denied in having any meaningful say in its
continued destiny, and
WHEREAS, a part of that model has been the building of bridges and bonds during
those 42 years between ASRC’s faculty, staff, and students with communities within the
City of Ithaca, which has helped further enhance the names of both ASRC and Cornell
across our local community, and
WHEREAS, leaders in various parts of the local Ithaca community have requested a
public, town-hall-style meeting as a way to help both sides come to a mutually beneficial
agreement, and
WHEREAS, Cornell’s administration has met with several groups in recent months to
discuss the proposed realignment, limitations of the current structure, and the merits of
the proposal for ASRC and other aspects of Cornell’s academic entities, and
WHEREAS, people potentially affected by the proposed restructuring have asked to
have input in the concept and not be limited to discussing how to implement the
proposal, and
WHEREAS, the stellar reputations of Cornell and many institutions within it, including
ASRC, attract scores of people to the university and the City of Ithaca – be they
students, their families, faculty, or staff – to “live, learn, work, play, create, and dream,”
which stimulates our local economy repeatedly during any year, and
WHEREAS, a number of said people decide whether to live in Ithaca year round, some
permanently, based on their Cornell in Ithaca experience, and
July 6, 2011
15
WHEREAS, Cornell has built a great reputation as a developer of leadership through
empowerment and has stated that its restructuring would be done in collaboration with
those directly involved in any change, and
WHEREAS, the Office of Cornell Provost Ken Fuchs announced on June 2, 2011, that
the administration would move forward with implementing its plan to move ASRC,
administratively, under the College of Arts and Sciences; now, therefore be it
RESOLVED, That the City of Ithaca Common Council respectfully requests that the top
administration of Cornell University consider all of the implications in its proposed re-
alignment of the Africana Studies and Research Center, and be it further
RESOLVED, That despite the decision to move ahead with implementation, Common
Council still encourages Cornell’s administration to reconsider moving forward in July
with the restructuring of ASRC and, in the interim, respectfully requests that
administrators engage members of the Cornell community, particularly those poised to
be most affected – such as the faculty, staff and students at ASRC – in meaningful,
transparent and productive dialogue that can lead to a mutually agreed upon decision in
contemplation of the restructuring effort, and be it further
RESOLVED, That a copy of this resolution be sent to Cornell University President David
J. Skorton, Provost W. Kent Fuchs, ASRC Director Robert L. Harris Jr., and the
members of Cornell’s Board of Trustees.
Alderperson Clairborne explained that the legislative intent of the resolution is to ask
Cornell University to sit down and have a meaningful dialog about this move, and the
ripple effects on the community. He stated that it is not intended to tell the university
what to do.
Alderperson Rooker stated that he is torn on the issue as he understands the effect the
process has had in the community; however, this resolution is late in the process as the
decision has already been made by Cornell University.
Alderperson Clairborne noted that this issue was discussed at last month’s Council
meeting and the City Administration Committee meeting, at which time Common
Council could have moved to suspend its normal rules of procedure as this was not a
new issue or discussion. He stated that he believes Common Council’s opinion would
have some impact on the decision that was made.
Discussion followed on the floor regarding the process for responding to situations
similar to this in the future.
Alderperson Myrick noted the language in the second Resolved clause, and stated that
as a Cornell University Alumnus, he watched the process that was followed. He noted
that Cornell representatives engaged the student body twice, and some meetings were
closed. Alderperson Clairborne responded that those discussions were about the
implementation of the decision, not about the decision making process.
Mayor Peterson noted that the City had some discussions with representatives from
Cornell University about the decision. She suggested that the second Resolved clause
be amended to read as follows:
“RESOLVED, That despite the decision to move ahead with implementation, Common
Council still encourages Cornell’s administration to respectfully engage members of the
Cornell community, particularly those poised to be most affected – such as the faculty,
staff and students at ASRC – in meaningful, transparent and productive dialogue that
can lead to a mutually agreed upon decision in contemplation of the restructuring effort,
and be it further”
Alderperson McCollister stated that she can’t support the resolution since the program
is not being proposed for elimination, and the end goal is to strengthen the international
presence of the university. She questioned the City’s role in issues like this.
July 6, 2011
16
A vote on the Resolution resulted as follows:
Ayes (2) Clairborne, Rosario
Nays (5) McCollister, Myrick, Rooker, Cogan, Mohlenhoff
Abstentions (0)
Failed (2-5)
Alderperson Coles absent from vote
CITY ADMINISTRATION COMMITTEE:
10.1 Finance/Controller’s Office – Approval of 2009 Single Audit Report –
Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
RESOLVED, That the Independent Auditor’s Report for the period January 1, 2009,
through December 31, 2009, prepared by the accounting firm of Ciaschi, Dietershagen,
Little and Mickelson & Company, LLP be accepted to comply with all the City’s
applicable Governmental Accounting Standards Board (GASB) Statement 34 and other
related audit and single audit requirements.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
10.2 Department of Public Works - Request for Funds for Purchase of Pay
Stations - Resolution
By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff
WHEREAS, the Department of Public Works has been using four Parkeon Pay and
Display stations since March 2011 for a trial period in two downtown parking lots, and
WHEREAS, these machines have worked extremely well during the trial period; are
generating additional revenue due to the ability of credit card use; have provided
reliable reporting data; and are user friendly, and
WHEREAS, due to prior problems with Parkeon equipment used by the City, the
manufacturer of the units has offered the machines at a deeply discounted price with
warranties, and
WHEREAS, based on the increased revenue generation, the payback period on the
machines will be short, and
WHEREAS, the estimated cost for all four Pay and Display units will be $28,500, and
WHEREAS, the Capital Reserve for Parking Areas has a balance of $79,000, and is
able to absorb the costs for these Pay and Display stations; now, therefore be it
RESOLVED, That Common Council hereby approves the acquisition of up to four Pay
and Display units at a cost not to exceed $28,500 from Capital Reserve For Parking
Areas.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
10.3 Department of Public Works - Intersection Bulb-outs on West Green & West
Seneca Street - Resolution
By Alderperson Clairborne: Seconded by Alderperson Rooker
WHEREAS, a Project for the Intersection Bulb-outs on West Green & West Seneca
Street, P.I.N. 375462 (the “Project”) is eligible for funding under Title 23 U.S. Code, as
amended, that calls for the apportionment of the costs of such program to be borne at
the ratio of 80% Federal funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design, and
WHEREAS, preliminary engineering and design are exempt from further environmental
review as Type II actions, and
WHEREAS, Common Council approved the above-subject project on March 2, 2011, in
an amount of $36,000, and
July 6, 2011
17
WHEREAS, the New York State Transportation Improvement Program has authorized
an amount not to exceed $52,000 for this phase of the project; now, therefore, be it
RESOLVED, That Common Council hereby re-approves the above-subject project,
subject to further environmental review of construction; and it is further
RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the
first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design work for the Project or portions thereof, and it is further
RESOLVED, That an additional sum of $16,000 is hereby appropriated from the
issuance of serial bonds and made available to cover the cost of participation in the
above phase of the Project, and it is further
RESOLVED, That Common Council hereby amends Capital Project # 769, Intersection
Bulb-outs on West Green & West Seneca Street, to increase the budget from $36,000
to $52,000, an increase of $16,000, and it is further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the New York State Department of Transportation thereof, and it is
further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible, and it is further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 20% of said portion, currently
estimated at $10,400 of the $52,000 authorized for this portion of the project, in monies
and in-kind services as managed by the Superintendent of Public Works and monitored
by the City Controller, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and it is further
RESOLVED, This resolution shall take effect immediately.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
10.4 Information Technology - Policy Regarding the Appropriate Use of Social
Media - Resolution
By Alderperson Clairborne: Seconded by Alderperson Rooker
WHEREAS, the City of Ithaca recognizes that the use of electronic social media has
become a primary form of communication for many people employed and served by the
City, and
WHEREAS, the availability of such social media poses new challenges and
opportunities for the City, as an employer and otherwise, and
WHEREAS, the City’s Senior Staff formed a work group to evaluate the need for a City
policy on the use of social media by City employees, and to draft one if needed, and
WHEREAS, the work group drafted a policy and submitted it to the Senior Staff for
review; and
July 6, 2011
18
WHEREAS, the Senior Staff reviewed the policy and agreed on the need for its
adoption; now therefore be it
RESOLVED, That Common Council hereby appreciates the work performed by the
Senior Staff work group, and be it further
RESOLVED, That Common Council hereby adopts the Policy Regarding the
Appropriate Use of Social Media, dated June 3, 2011.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
10.5. Human Resources - A Local Law to Delete Various Sections of the City of
Ithaca Charter Regarding Employee Benefits
By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. The following Sections of the City Charter are hereby deleted in their
entirety:
§C-108. Illness or injury of police officers and firefighters incurred in the performance of
duty.
Payment of salary, wages and medical and hospital expenses of police officers
and paid fire fighters shall be paid by the City of Ithaca in accordance with Article
10 of the General Municipal Law.
§C-110 Vacations for certain employees.
A. Definitions. The term "City employee" shall include all employees of the City
except elected officials, members of the various City boards and commissions
and seasonal, temporary or per-diem employees.
B. Vacations. Vacation benefits for all City employees shall be granted and
accumulated in accordance with the terms specified in formal agreements
reached between City officials appointed as a negotiating committee
§C-112. United Fund payroll deductions.
The City Clerk of the City of Ithaca is hereby authorized to make weekly,
semimonthly, monthly or annual deductions from the compensation of the
employees of the City of Ithaca for the Tompkins County United Way purposes;
provided, however, that deductions must be authorized, in writing, by the
individual employee and the authorizations must be filed with the City Clerk.
Section 2. The following Sections of the City Charter shall hereby be labeled as
“Reserved”:
§C-108. Reserved.
§C-110. Reserved.
§C-112. Reserved.
Section 3. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portion.
Section 4. Effective Date.
This Local Law shall take effect after it is filed in the office of the Secretary of State.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
July 6, 2011
19
10.6 A Resolution Authorizing the Issuance of $8,932,398 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital
Improvements in and for said City.
By Alderperson Clairborne: Seconded by Alderperson Rooker
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore, be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1.
For the object or purpose of paying the cost of certain capital improvements in and for
the City of Ithaca, Tompkins County, New York, there are hereby authorized to be
issued $8,932,398 bonds of said City pursuant to the provisions of the Local Finance
Law, apportioned among such capital improvements in accordance with the maximum
estimated cost of each. The capital improvements to be financed pursuant to this bond
resolution, the maximum estimated cost of each, the amount of serial bonds to be
authorized therefore, the period of probable usefulness of each, and whether said
capital improvements are each a specific object or purpose or a class of objects or
purposes, including in each case incidental improvements and/or expenses in
connection therewith, is as follows:
a) Energy improvements to the Ithaca Area Wastewater Treatment Facility,
in and for said City, including Cogeneration System replacement and upgrade,
replacement of blowers and dissolved oxygen controls, digester replacement,
secondary digester cover and offline gas storage, lighting upgrades, building envelope
improvements, facility management system, heat recovery and ventilation system
improvements, solar power generating system installation and boiler #2 system
replacement, at a maximum estimated cost of $8,026,398. It is hereby determined that
the plan for the financing of such specific object or purpose shall consist of the issuance
of $8,026,398 bonds of the $8,932,398 bonds of said City authorized to be issued
pursuant to this bond resolution, PROVIDED, HOWEVER, that to the extent that any
Federal or State grants-in-aid are received for such specific object or purpose, the
amount of bonds to be issued pursuant to this resolution shall be reduced dollar for
dollar. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of
Section 11.00 of the Local Finance Law;
b) Studies for the investigation and remediation of the Ithaca Falls Overlook
site, in and for said City, at a maximum estimated cost of $778,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $778,000 bonds of the $8,932,398 bonds of said City
authorized to be issued pursuant to this bond resolution, PROVIDED, HOWEVER, that
to the extent that any Federal or State grants-in-aid or other monies are received for
such specific object or purpose, the amount of bonds to be issued pursuant to this
resolution shall be reduced dollar for dollar. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to
subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law;
c) Planning and design costs of the construction of bulb-outs extensions of
curbs and sidewalks at the intersections of West Green and West Seneca Streets in
said City, in and for said City, at a maximum estimated cost of $36,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $36,000 bonds of the $8,932,398 bonds of said City
authorized to be issued pursuant to this bond resolution, PROVIDED, HOWEVER, that
to the extent that any Federal or State grants-in-aid are received for such specific object
or purpose, the amount of bonds to be issued pursuant to this resolution shall be
reduced dollar for dollar. It is hereby determined that the period of probable usefulness
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of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of
paragraph a of Section 11.00 of the Local Finance Law; and
d) Planning and design costs of the construction of a multi-use trail between
Floral Avenue and the Flood Control Channel in said City, in and for said City, at a
maximum estimated cost of $92,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $92,000
bonds of the $8,932,398 bonds of said City authorized to be issued pursuant to this
bond resolution, PROVIDED, HOWEVER, that to the extent that any Federal or State
grants-in-aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of
the Local Finance Law;
Section 2.
The aggregate maximum estimated cost of the aforesaid objects or purposes is
$8,932,398, and the plan for the financing thereof is by the issuance of the $8,932,398
serial bonds authorized by Section 1 hereof, allocated to each of the objects or
purposes in accordance Section 1 hereof.
Section 3.
The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby
irrevocably pledged for the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual appropriation shall be
made in each year sufficient to pay the principal of and interest on such obligations
becoming due and payable in such year. There shall annually be levied on all the
taxable real property of said City, a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
Section 4.
Subject to the provisions of the Local Finance Law, the power to authorize the issuance
of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the
City Controller, the chief fiscal officer. such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said City
Controller, consistent with the provisions of the Local Finance Law.
Section 5.
All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining debt
service and all matters related thereto, prescribing whether manual or facsimile
signatures shall appear on said bonds, prescribing the method for the recording of
ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing
for the printing and delivery of said bonds (and if said bonds are to be executed in the
name of the City by the facsimile signature of the City Controller, providing for the
manual countersignature of a fiscal agent or of a designated official of the City), the
date, denominations, maturities and interest payment dates, place or places of
payment, and also including the consolidation with other issues, shall be determined by
the City Controller. It is hereby determined that it is to the financial advantage of the
City not to impose and collect from registered owners of such serial bonds any charges
for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent,
and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law,
no such charges shall be so collected by the fiscal agent. Such bonds shall contain
substantially the recital of validity clause provided for in section 52.00 of the Local
Finance Law and shall otherwise be in such form and contain such recitals in addition to
those required by section 52.00 of the Local Finance Law, as the City Controller shall
determine.
Section 6.
The powers and duties of advertising such bonds for sale, conducting the sale and
awarding the bonds, are hereby delegated to the City Controller, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he shall
deem best for the interests of the City; provided, however, that in the exercise of these
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delegated powers, he shall comply fully with the provisions of the Local Finance Law
and any order or rule of the State Treasurer applicable to the sale of municipal bonds.
The receipt of the City Controller shall be a full acquittance to the purchaser of such
bonds, who shall not be obliged to see to the application of the purchase money.
Section 7.
The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 8.
This resolution shall constitute a statement of official intent for purposes of Treasury
Regulations Section 1.150-2. Other than as specified in this resolution, no monies are,
or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose described
herein.
Section 9.
This resolution, which takes effect immediately, shall be published in summary form in
the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local Finance Law.
Alderperson Clairborne Aye
Alderperson Rosario Aye
Alderperson McCollister Aye
Alderperson Rooker Aye
Alderperson Myrick Aye
Alderperson Mohlenhoff Aye
Alderperson Cogan Aye
Carried Unanimously (7-0)
Alderperson Coles absent from vote
10.7 City Controller’s Report
A. Auditor’s Report:
Leslie Spurgin, accountant from Ciaschi, Dietershagen, Little, Mickelson and Co., LLP,
provided a report of the 2009 audit of the City of Ithaca:
Ms. Spurgin distributed the executive summary of accounts for the City of Ithaca which
includes a complete audit of financial statements, communication with those charged
with governance of the finance accounts, and a management comment letter. She
noted that the late filing of the annual report is considered an instance of non-
compliance; however, she applauded the efforts of the City Controller’s Office to get all
of the reports caught up. She explained that the 2010 audit should be complete by the
end of the year and will only be three months late. She further noted that the
Controller’s office staff does a great job of financial reporting and makes sure that the
auditors have all of the information that they need.
B. City Controller’s Report:
City Controller Thayer reported to Common Council on the following 2011 activity:
• Sales tax revenues are slightly above 2010 activity, but below the budgeted 3%
Increase.
• Parking revenue is seeing a slow improvement in collections, but still
below budgeted projections. (Hourly revenue has increased but permit revenue
has decreased.)
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• The property tax cap was signed into law last week, and details are scarce with
only general parameters provided at this point. Property tax increases will be
capped at 2% or the rate of inflation – whichever is less. There are exceptions for
judgment/court cases that exceed 5% and limited growth in pension costs, thus
creating a possibility of going to a 4.5-4.9% cap. Common Council can override the
action by local law with a 60% vote. The caps can be rolled over to the next year if
they aren’t used. 60.44% of city property is tax exempt with Cornell University being
82-83% of that number.
Discussion followed on the floor regarding the impacts the 2012 budget will have on city
departments and programs.
MAYOR’S APPOINTMENTS:
14.1 Appointment to Ithaca Youth Bureau Board – Resolution
By Alderperson Rooker: Seconded by Alderperson Clairborne
RESOLVED, That Allison M. Lewis be appointed to the Ithaca Youth Bureau Advisory
Board to fill a vacancy with a term to expire December 31, 2012.
Carried Unanimously (7-0)
Alderperson Coles absent from vote
REPORT OF CITY ATTORNEY:
City Attorney reported to Common Council on the following items:
There have been four new lawsuits filed
1. 2nd Article 78 proceeding filed by Maria Avramis regarding the Hudson
Street property
2. 2005 Contract for sidewalk work (claim for under payment)
3. Article 78 proceeding from former employee (improperly discharged
entitled to union rights – employee was on probation)
4. William Lower – Collegetown Re-Zoning and environmental
review (actions taken tonight by Common Council render case moot)
A Notice of Claim has been received from the family of a suicide victim relating to a city
bridge. They claim the City had a duty to prevent the fall. The City’s insurance carrier
will cover the defense of this claim.
Alderperson Myrick questioned the status of the hydro-fracking legislation. Mayor
Peterson responded that the issue should go to the Planning and Economic
Development Committee for discussion. She stated that some work has been
completed, and the City is waiting for the results of some of the work being completed
by the towns regarding preservation of roads. She explained that there are no gas
leases in the City but gas could still be drilled for under city property via horizontal
drilling. She stated that Alderpersons Coles and Dotson had been liaisons to the
County group working on this issue and noted that someone else may be needed to
replace Alderperson Coles.
City Attorney Hoffman noted that choices would have to be made in order for his staff to
work on this issue because the Attorney’s Office is already stretched thin due to the
volume of litigation that is on-going.
Discussion followed on the floor regarding strategies and potential litigation that could
follow the hydro-fracking bans and new zoning regulations being adopted by towns.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the May 2, 2011 Regular Common Council Meeting Minutes, the
May 12, 2011 Special Common Council Meeting Minutes, the June 1, 2011 Regular
Common Council Meeting Minutes, the June 22, 2011 Special Common Council
Meeting Minutes, and the June 28, 2011 Special Common Council Meeting
Minutes – Resolution
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A vote on the minutes was deferred until the August meeting as not all of the minutes
were completed in time for appropriate Council review.
ADJOURNMENT:
On a motion the meeting adjourned at 10:05 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor