HomeMy WebLinkAboutMN-CC-2010-04-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 7, 2010
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, McCollister, Zumoff, Rooker,
Myrick, Cogan, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
Deputy City Controller – Andrew
Planning & Development Director – Cornish
Police Chief - Vallely
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested that an Executive Session to discuss current litigation
regarding the Markles Flats case be added to the agenda under “Report of City
Attorney”.
No Council Member objected.
New Business:
Mayor Peterson requested the addition of Item 12.6 entitled “Bandwagon Brewpub
Alcohol Permit Request – Resolution”.
No Council Member objected.
Individual Member Filed Resolutions:
Alderperson Rosario requested that Item 13.1 entitled “Resolution To Enact Ordinance
to Regulate Smoking in Certain Outdoor Areas in the City of Ithaca – Whereas Section
Only” be moved to the Planning and Economic Development Committee section of the
agenda so it can be considered with Item 10.2 entitled “An Ordinance to Amend the City
of Ithaca Municipal Code to add Chapter 280 entitled “Smoking, Outdoor””.
No Council Member objected.
SPECIAL ORDER OF BUSINESS:
Report from Town of Ithaca Board:
Town of Ithaca Board Member, Rich DePaolo, reported to Common Council on the
following items:
• Efforts are underway to increase the pace of work on the Comprehensive Plan by
meeting twice a month. The committee is focusing on where development can
and cannot take place in the Town. The committee has held a series of meetings
with neighborhood groups, including neighborhood groups from the City.
• The Town Board will study the Marcellus shale development in the area.
• The Town Planning Committee is studying the creation of mitigation fees for
infrastructure improvements.
• The Trails Committee (an inter-municipal effort) has been revitalized as a result
of a survey conducted by the Town of Ithaca.
• The Town is working on water quality issues and a law that would limit activities
and create set-back distances within certain areas around streams, and they are
also working on storm water management issues.
• The Town has approved the creation of a new Sustainability Planner position
who will oversee fleet management, energy efficiency, certain land use issues,
etc. The position is being funded through a two year grant.
April 7, 2010
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• The Town will be working on traffic calming measures for Forest Home Drive this
summer.
• The Town received a $400,000 NYSERDA grant.
Report from Board of Fire Commissioners:
Fire Commissioner Tom Hoard, reported to Common Council on the following items:
• There were three tragedies in the gorges within the last month.
• Fire Department crews responded to a call in the north end recently and found an
elderly couple that had resisted being in assisted living. The gentleman had
passed away and the woman survived on the floor after a fall. The City and
community are very fortunate to have such a great staff in the Fire Department.
These men and women deserve a lot of respect and praise for all that they
experience in their day-to-day duties.
• Recently a three-year old saved her mother’s life during a fire by using what she
was taught in a recent training at Ithaca Child Care Center by staff from the
Ithaca Fire Department.
• Ithaca Fire Department provided mutual aid in response to the 20-acre brush fire
in Newfield this past weekend.
• The fire fighter exam was recently given with a record number of people taking
the test. The test results are not available yet.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Jean McPheeters, Tompkins County Chamber of Commerce President, addressed
Council in support of the proposed dredging resolution on the agenda, and thanked
Common Council for moving this issue forward. She thanked Mayor Peterson and
Director of Planning and Development Cornish for their continued efforts, and voiced
her hope that the site selection will be determined soon so dredging can begin.
Ricardo Williams, City of Ithaca, addressed Council regarding cuts in funding to
programs that employ local youth; the need for job training in the retail field; issues of
employment for people who have been convicted of crimes and are re-entering the
community; the creation of green collar jobs that pay a living wage and support
sustainability; and the need for accessible information on housing and employment
opportunities in the community.
Audrey Cooper, City of Ithaca, addressed Council as a representative of a community
group that has come together after the death of Shawn Greenwood. The group would
like to know when answers to the questions that were raised at the Community Forum
will be provided. She thanked the Mayor, Police Chief, the Tompkins County District
Attorney, and Alderpersons Clairborne and Rosario for their continued work and
involvement in the community to address concerns that were raised. She voiced
concern about the amount of information the rest of Common Council may have, why
they are not more involved with the community and working to address some of the
issues raised, and what they feel their leadership role is in responding to this event.
Ted Schiele, Coordinator of Tobacco Free Tompkins, addressed Council in support of
the proposed ordinance to create smoke-free areas in the City of Ithaca. He explained
his work with committee members on this issue and noted that the City of Ithaca was
awarded the Public Health Excellence Award in 2009 for its work to create smoke-free
zones in the City. He also noted that this week is National Health Week. He
encouraged Common Council to approve the proposed ordinance.
Frank Proto, Town of Caroline, expressed his disappointment to Common Council for
their consideration of adopting legislation to restrict smoking in downtown areas. He
feels the legislation is an “over reach” and is concerned about the enforcement of it.
Jim Miller, local attorney and board member of the Hangar Theatre, addressed
Common Council in support of the proposed resolution concerning modifications to
certain terms of the lease between the City of Ithaca and the Hangar Theatre.
Lisa Bushlow, Executive Director of the Hangar Theatre, addressed Council in support
of the proposed resolution concerning modifications to certain terms of the lease
April 7, 2010
3
between the City of Ithaca and the Hangar Theatre. She thanked City Attorney
Hoffman, Jim Miller, Maria Coles, and the City Administration Committee for their work
with the theatre on this request. She invited the Mayor and Common Council to tour the
theatre to see all the work done as part of the renovation project.
Joel Harlan, Town of Newfield, addressed Council regarding concerns about the use of
drugs and alcohol in the community, the Markles Flats issue, and his neutrality on the
proposed smoking ordinance.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Myrick announced an event taking place at Collegetown Bagels in
Collegetown on Saturday, April 10th from noon to 4 p.m. with WVBR doing a live
broadcast in an effort to increase student participation in the 2010 Census. He further
responded to comments made about the involvement of Common Council members
with the community after Shawn Greenwood’s death and noted that the East Hill
community has also been experiencing its own tragedies and his focus has been
directed more toward those issues as well as some personal changes in his life. He
apologized for not being more accessible to others in the community during this difficult
time.
Alderperson Coles noted that former Alderperson Mary Tomlan and Alderperson Zumoff
worked very hard on the Hangar Theatre lease issue and should also be recognized for
their efforts. She then responded to comments made about the Shawn Greenwood
tragedy and expressed her desire to work on the issues that have been raised.
Alderperson Rosario thanked everyone for coming and speaking. He responded to
comments made about the Shawn Greenwood tragedy and noted that Common Council
members were provided with the questions that were raised at the community forum. He
stated that it is very important for everyone to provide whatever resources are needed
during the investigation so as to make it as transparent as possible so that when a
determination has been made there will be no question about the process that was used
to reach it. He also thanked Calvary Baptist Church and St. Paul’s Methodist Church for
hosting a recent prayer service.
Alderperson Dotson thanked Alderpersons Coles and Rosario for their comments and
echoed her sentiments as well. She announced that the Multicultural Resource Center
would be hosting a brunch at Moosewood Restaurant on Sunday, April 11th at 10:30
a.m. and noon. She encouraged people to attend the brunch to support the center.
Alderperson Clairborne announced that on April 24th and 25th from noon to 2 pm there
would be a “Bowl for Kids Sake” event and suggested that Common Council consider
supporting a team. He also announced that on April 24th there would be a Youth
Council fundraising event called “Sweet Tooth Soiree”. On April 10th at the Southside
Community Center there will be a forum for men of color to talk about impacts the
recent tragedy has had on the community. He encouraged everyone to pray for calm
and clarity as these issues are worked through because the community needs to pull
together to heal.
Alderperson Rooker thanked the Mayor for working with Cornell University and making
the emergency declaration to install temporary fences on the bridges around campus in
response to the recent events. He announced that on April 13th at 4:30 p.m. at St.
Luke’s Church there would be a meeting to discuss the recent events on campus. He
also reminded everyone that starting next month Common Council meetings will begin
at 6:00 p.m.
Mayor Peterson stated that not a day goes by that she does not think about, work on,
worry about how to help the community heal from the Shawn Greenwood tragedy. She
expressed her thanks to the community for their patience while she works to get
answers to the questions that have been raised. She noted that there are multi-
organizational efforts underway and that she has been working closely with the police
department as this is her top priority issue and will be for months to come. She thanked
all the speakers for coming to the meeting.
April 7, 2010
4
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Fire Department- Request to Amend 2010 Budget for New York State Grant
- Resolution
By Alderperson Clairborne: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca is the lead recipient of a 2008 New York State Office of
Homeland Security Hazardous Materials Grant in the amount of $68,844.00, and
WHEREAS, the City of Ithaca as the lead recipient is responsible for the financial
execution and administration of the grant, and
WHEREAS, the other grant recipients include Cayuga County, Chemung County,
Cortland County, Schuyler County, Seneca County, Steuben County and Tioga County,
and
WHEREAS, the Homeland Security Grant will be used to purchase a Smith Detection
Gas ID on New York State Contract for $59,844.00, and
WHEREAS, the remaining $9,000 will be used for training cost for City of Ithaca
employees and employees and or agents of partner agencies; now, therefore be it
RESOLVED, That Ithaca Common Council hereby amends the 2010 Authorized City
Budget by the amount not to exceed $68,844.00 to be used for said expenses as
outlined by the 2008 New York State Office of Homeland Security Hazardous Materials
Grant with amended budgets as follows:
Increase Revenue Account:
A3410-3989 State Aid $68,844
Increase Expense Accounts:
A3410-5225-12150 Other Equipment $59,844
A3410-5440-12150 Staff Development $9,000
and be it further
RESOLVED, That income received from the 2008 New York State Office of Homeland
Security Hazardous Materials Grant shall be used to reimburse the City of Ithaca for its
expenses, as outlined by the grant.
Carried Unanimously
9. CITY ADMINISTRATION COMMITTEE:
9.1 IURA - Housing Fund 2009 Funding Round – Review of Projects
Recommended for Funding - Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, review of the first round of funding applications to the Housing Fund has
been completed and the following three housing projects are recommended for funding:
Applicant Project Dollar Amount
Recommended
Number of
Units
Location
INHS Holly Creek
Townhomes
$200,000 11 for-sale
townhomes
Town of
Ithaca
INHS/Pathstone Women’s
Community
Building
$75,000 50
apartments
City of
Ithaca
Tompkins
Community
Action
Magnolia
House
$70,000 14 SRO
units for
homeless
women
City of
Ithaca
, 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
April 7, 2010
5
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
WHEREAS, per the MOU, in the first year Cornell committed to contribute $200,000 and
the City of Ithaca and Tompkins County each committed to contribute $100,000, thereby
providing a pool of up to $400,000 to fund housing projects, and
WHEREAS, City funds committed in year one of the MOU shall derive from Gateway
Loan proceeds held by the Ithaca Urban Renewal Agency, and
WHEREAS, a Program Oversight Committee (POC) has been established to govern the
Housing Fund made up of representatives from each funder, including Maria Coles, J.R.
Clairborne and 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, the POC is scheduled to meet on April 8, 2010 to develop a specific
funding plan matching funding sources with housing projects recommended for funding;
and
WHEREAS, each funding entity has internal guidelines for use of its funds; and
WHEREAS, the City’s representatives on the POC seeks guidance from the Common
Council on this matter; now, therefore, be it
RESOLVED, That Common Council hereby concurs with the IURA's conclusion that
both the Women's Community Building (WCB) and the Magnolia House projects are
suitable for City funding through the 2009 funding round of the Housing Fund, with top
priority assigned to the WCB project.
Discussion followed on the floor regarding projects and allocation of funds.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Approval For Continued Funding of City Hall Security - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, the 2008 Common Council resolution approving the City’s Workplace
Violence Prevention Policy notes that:
In January 2006, the New York State Legislature enacted a workplace
violence prevention law which mandated that public employers must
develop and implement programs to prevent workplace violence. These
programs are mandated to consist of three (3) components: an evaluation
of the workplace, a written workplace violence prevention policy, and
training of all employees. In June 2007 New York State promulgated
regulations concerning Public Employer Workplace Violence Prevention
Programs (12 NYCRR Part 800.16). In response, the City of Ithaca
formed a committee of staff from various City departments, including
Police, Legal, Human Resources, Building, Information Technologies as
well as a Common Council liaison. The task of this committee was to
develop and implement programs to prevent workplace violence, including
the drafting of a proposed workplace violence prevention policy. ,and
April 7, 2010
6
WHEREAS, the City’s Workplace Violence Prevention Policy adopted by Common
Council on April 2, 2008, states that:
The City of Ithaca is committed to providing a safe workplace environment
for all employees. Acts or threats of violence including intimidation,
harassment, and/or coercion, which involve or affect the City and/or its
employees, will not be tolerated. Similarly, acts or threats of violence
including intimidation, harassment, and/or coercion will not be tolerated in
City buildings or on City property. All employees are expected to conduct
themselves in a manner that is consistent with this policy.
It is also City policy that all employees have the right to work in an
environment where the safety of each individual is paramount.
, and
WHEREAS, the goals and objectives of the City of Ithaca’s Workplace Violence
Prevention Policy are:
1. to reduce the potential for violence in and around the workplace;
2. to encourage and foster a work environment that is characterized by
respect and healthy conflict resolution;
3. to mitigate the negative consequences for employees who
experience or encounter violence while at work.”, and
WHEREAS, recent regional and national violent events which have resulted in loss of
life have underscored the basis for the New York State Legislature’s mandate for safe
working environments for public employees, and
WHEREAS, according to the Bureau of Labor Statistics, in 2007, assaults and violent
acts were the second leading cause of workplace fatalities, and that workplace murders
have accounted for one of every 6 fatal occupational injuries, and
WHEREAS, in October 2006, the Bureau of Labor Statistics found that a total of 2,520
local governments with an employee workforce of between 250 and 999 experienced an
incident of workplace violence, and
WHEREAS, on September 2, 2009, Common Council approved a resolution to fund
private security services at the Ithaca City Hall on a trial basis, until April 9, 2010, at
which time the services would be evaluated with results reported to Common Council,
and
WHEREAS, RISCS, Inc., has been providing approximately 60-70 hours a week for
armed security services at City Hall since September 21, 2009, and
WHEREAS, the City of Ithaca Workplace Violence Prevention Committee, in
conjunction with the Ithaca Police Department, evaluated the services provided by
RISCS and compiled a comprehensive Performance Evaluation Report (undated; final
version circulated via email on 3/23/10), and
WHEREAS, the Workplace Violence Prevention Committee and the Ithaca Police
Department strongly support continued funding for private security services at City Hall,
and
WHEREAS, in the recent (2010) City Hall Security Performance Evaluation Survey the
responses on the part of City employees indicate that a clear majority of respondents
feel more secure and psychologically comfortable as a result of the enhanced security,
that these majorities have increased since previous survey in 2009, and that in the 2010
survey 65% of City Hall respondents want security to continue at the same level, a 58%
increase over the 2009 responses, and
April 7, 2010
7
WHEREAS, the Ithaca Police Department is prepared to continue to oversee security
services at City Hall and to ensure that proper training is provided and documented, and
WHEREAS, the 2010 City budget includes $55,000 in Restricted Contingency Funds for
the continuation of said private security service, through the remainder of 2010, and
WHEREAS, the estimated cost of continuing said private security services from April 9,
2010 through December 31, 2010, is now (as a result of further experience) $66,000;
now, therefore be it
RESOLVED, That Common Council hereby approves the continuation of private
security services at City Hall, as provided by RISCS, Inc., through December 31, 2010,
and be it further
RESOLVED, That Common Council hereby authorizes the transfer of $55,000 in funds
for said services from Account A1990 - Restricted Contingency to Account A3120-5434-
5009 – Contracts, as well as the transfer of any additional amount required for such
services in 2010, up to a maximum of $36,000 from Account A1990 - Unrestricted
Contingency to Account A3120-5435-5009 - Contracts.
Alderperson Zumoff stated that he would not support the resolution as he has personal
qualms regarding the effectiveness of this type of security. He doesn’t feel that a
security desk could stop a disaster from happening in City Hall. He further stated that
odds are small that something would happen with the confiscated knives and other
weapons. If the security detail is to be in place, he believes that everyone should be
screened.
Alderperson Dotson stated that RISCS have been an amazing welcome desk and is
glad the Mayor and other departments are utilizing them. She noted that she is happy
that other initiatives are going to be undertaken as well; however, she does not support
the resolution as she does not feel that going through a security check presents a
welcoming face to the public. She voiced her appreciation for all of the work that has
gone into this initiative.
Alderperson McCollister stated that she would support the resolution and noted that it is
not a perfect system but it is reducing the risk dramatically. She further noted that IPD
supports the initiative, and she looks forward to a swipe card access system.
Mayor Peterson thanked the Workforce Violence Prevention Team for all the work
they’ve done on this issue.
Alderperson Coles noted the outstanding work done by Employee Health and Safety
Coordinator, Andy Olmetti, on the analysis and report.
A Vote on the Resolution Resulted As Follows:
Ayes (8) Coles, Rosario, Clairborne, McCollister, Myrick, Rooker, Cogan
Mohlenhoff
Nays (2) Dotson, Zumoff
Abstentions (0)
Carried
9.3 Approval of Modification of Certain Terms of the Lease Between the City
and Center for the Arts at Ithaca, Inc. (commonly known as the Hangar Theatre) -
Resolution
By Alderperson Coles: Seconded by Alderperson Mohlenhoff
WHEREAS, the City of Ithaca (hereinafter “City”) has leased City land and buildings to
the Center for the Arts at Ithaca, Inc. (hereinafter “CAI”), a not-for-profit organization that
operates a performing arts program and theater commonly known as the Hangar
Theatre, for at least 35 years, and
WHEREAS, the current, 20-year lease with CAI, for the premises at 801 Taughannock
Boulevard, expired on or about December 31, 2008, and has been extended on a year-
to-year basis since then, and
April 7, 2010
8
WHEREAS, after discussion and negotiations, City and CAI representatives agreed
upon the terms of a new, long-term lease for the premises CAI has occupied, and the
City gave its consent for CAI to undertake substantial improvements to the site and the
buildings on it, at a total cost estimated at more than $3,000,000, primarily at CAI’s
expense (except for certain site work which the City agreed to perform and/or pay for),
and
WHEREAS, on July 1, 2009, this Common Council approved the terms of a new lease
agreement between the City of Ithaca and CAI (as outlined in a summary dated
6/18/09), and authorized the Mayor, upon the advice of the City Attorney, to execute a
lease containing substantially such terms, on behalf of the City, and
WHEREAS, subsequently, representatives of CAI realized that certain of the lease
terms as described in the aforementioned summary could have the effect of limiting
CAI’s ability to be financially self-supporting, and, as a result, CAI is requesting
clarification and/or modification of such terms, and
WHEREAS, allowing CAI to offer either not-for-profit or for-profit entities the opportunity
to operate a refreshment concession during theater performances was and is the City’s
intention, even though the current language of the lease terms as approved by Council
could be interpreted to limit such operation to not-for-profit entities, and
WHEREAS, the request of CAI to be permitted under its lease to sublet the
performance space, on an incidental and short-term basis and at a fair-market rate, to
other entities for the production of performing arts events (such as a concert, dance or
film), whether such entities are not-for-profit or for-profit, is consistent with the City’s
hope and intention that this leasing arrangement will strengthen the viability of CAI as
an ongoing operation, and bring more and more varied cultural and artistic experiences
to the City and its residents; now therefore be it
RESOLVED, That the Common Council hereby approves a modification of the terms of
the previously-approved, new, long-term lease arrangement between the City and CAI,
such that:
(1) The lease will make it clear that any refreshment sales conducted at the time
of performances may be operated by either a not-for-profit or for-profit entity; and
(2) The CAI will be permitted to sublet the performance space, on an incidental,
short-term basis and at a fair-market rate, to another entity that is either not-for-
profit or for-profit, but, in the latter case, only for the production of a performing
arts event (such as a concert, dance or film),
and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to execute a lease with the Center for the Arts at Ithaca, Inc., that contains substantially
the same terms as described immediately above (together with the other terms listed in
the summary dated 6/18/09).
Carried Unanimously
9.4 Authorization to Enter into an Agreement with the Greater Tompkins
County Municipal Health Insurance Consortium - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the Tompkins County Council of Governments (TCCOG) is comprised of all
the municipalities in Tompkins County, and
WHEREAS, the City of Ithaca is a member of the Tompkins County Council of
Governments (TCCOG), and
WHEREAS, health care costs for Tompkins County and other local governments have
been increasing each year at rates much higher than inflation, which can be addressed
by pooling our buying power, and
April 7, 2010
9
WHEREAS, in 2007 the County, on behalf of TCCOG accepted an incentive grant
award under the New York State Shared Municipal Services Program to assist the
municipalities in Tompkins County to create a local municipal health care consortium,
and
WHEREAS, the Greater Tompkins County Municipal Health Insurance Consortium will
develop health benefits coverage for all participating municipalities with the intent to
provide a net savings to the taxpayers of Tompkins County, a goal of the City of Ithaca
supports, and
WHEREAS, TCCOG encourages the signing of an inter-municipal agreement by
TCCOG members; now, therefore be it
RESOLVED, That Common Council hereby authorizes the Mayor to execute the inter-
municipal agreement effective May 1, 2010 with the Greater Tompkins County Health
Insurance Consortium for the New York State Shared Municipal Services Program.
Amending Resolution:
By Alderperson Coles: Seconded By Alderperson Dotson
RESOLVED, That the third Whereas clause be amended to read as follows:
“WHEREAS, health care costs for Tompkins County and other local governments have
been increasing each year at rates much higher than inflation, a problem which can be
addressed by pooling our buying power, and”
Carried Unanimously
Mayor Peterson stated that Tompkins County has not passed this resolution yet as the
union representation issue is still in flux. She questioned the effective date of May 1,
2010.
Alderperson Zumoff asked when the insurance coverage would change. Mayor
Peterson responded that she is not sure, but thinks pretty quickly because it is the same
insurance provider the City currently has.
Main Motion As Amended:
A Vote on the Main Motion As Amended Resulted As Follows:
Carried Unanimously
9.5 Controller’s Report
Deputy City Controller Andrew reported to Council on the following items:
• The NYS Budget deliberations are being monitored closely and the City may
experience delayed payments.
• There is an expected cut in AIM funding
• Ithaca seems to be lagging behind some of the economic difficulties that other
communities are experiencing
• 2009 Sales tax revenues were under budget projections; 2010 collections are up
4.5%, in part due to increased fuel costs
• Health insurance costs remain high
• Overtime costs are over budget
• Parking revenues are below budget.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Resolution of Support for the Application of the Downtown Ithaca Alliance
to the 2010 New York Main Street Program
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, downtown Ithaca is an important and significant part of the Ithaca
community and supports stable and attractive neighborhoods in the City; and
WHEREAS, a strong downtown with a healthy mix of residential, commercial and
employment spaces also is an integral component of the City of Ithaca’s commitment to
reducing greenhouse gas emissions to 20% below 2001 levels by 2016, which includes
encouraging pedestrian travel and reducing the need for vehicle travel; and
April 7, 2010
10
WHEREAS, downtown Ithaca, like downtowns across the state and country, faces
obstacles and challenges to revitalize, grow, and develop from suburban sprawl,
funding constraints, and shifting markets; and
WHEREAS, housing is an integral and prominent ingredient in any successful
downtown; and
WHEREAS, Ithaca has been working to add new housing units to its downtown core;
and
WHEREAS, the creation of affordable housing remains a challenge in Ithaca
marketplace and particularly in downtown Ithaca, and requires public subsidies such as
those provided by the Main Street program; and
WHEREAS, there is a chronic need for affordable housing at all levels in Ithaca,
including the 90% of median level required by the Main Street Program, as evidenced
by a recent HUD report on housing needs in Tompkins County and earlier market
studies prepared for the City of Ithaca and the Downtown Ithaca Alliance by the Danter
Company; and
WHEREAS, downtown Ithaca has a wonderful and diverse collection of historic
properties, some that remain at risk of deterioration due to lack of investment; and
WHEREAS, downtown revitalization in Ithaca is spearheaded by the Downtown Ithaca
Alliance, a 501(c)3 tax exempt non-for-profit organization and Business Improvement
District; and
WHEREAS, the Downtown Ithaca Alliance has successfully won and managed two
former Main Street grants, that included anchor grants, façade improvements, and
streetscape improvements; and
WHEREAS, the receipt of a New York Main Street Grant would provide demonstrable
improvements to the downtown, creating badly needed affordable housing units,
renovating key historic properties, and improving the visual appearance of downtown;
therefore be it
RESOLVED, That the City of Ithaca Common Council does hereby endorse and
support the 2010 application of the Downtown Ithaca Alliance to the New York Main
Street Program for a project that includes upper story affordable housing, building
renovations, and streetscape improvements.
Carried Unanimously
10.2 An Ordinance to Amend the City of Ithaca Municipal Code to add Chapter
280 entitled “Smoking, Outdoor”.
Motion to Add Language to the Ordinance
By Alderperson Rosario: Seconded by Alderperson Myrick
RESOLVED, That the Whereas clauses from Item 13.1 be added to the beginning of
this Ordinance.
Ayes (9) Coles, Dotson, Rosario, Clairborne, Zumoff, Myrick, Rooker,
Mohlenhoff, Cogan
Nays (1) McCollister
Carried
An Ordinance to Amend the City of Ithaca Municipal Code to add Chapter 280
entitled “Smoking, Outdoor”.
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, smoking is the number one cause of preventable death in the United
States, and
WHEREAS, in New York State there are 25,500 deaths every year from causes
attributable to smoking; and
WHEREAS, tobacco smoke contains at least 172 toxic substances, including 3
regulated outdoor air pollutants and 33 hazardous air pollutants regulated by the
April 7, 2010
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Federal Clean Air Act, 47 chemicals restricted as hazardous waste and 67 known
human or animal carcinogens, according to the 2006 academic textbook “Exposure
Analysis;” and
WHEREAS, the aforementioned composition of tobacco smoke is the same whether
tobacco smoke is inhaled in the act of smoking, or inhaled by nonsmokers out of the air
indoors or outdoors; and
WHEREAS, according to the U.S. Environmental Protection Agency (EPA), exposure to
fine particulate matter such as that contained in tobacco smoke can lead to serious
health problems, including asthma attacks, chronic bronchitis, irregular heartbeat, and
nonfatal heart attacks; and
WHEREAS, secondhand smoke has been designated as a known human carcinogen
by the EPA; and
WHEREAS, secondhand smoke has been designated an occupational carcinogen by
the National Institute for Occupational Safety and Health; and
WHEREAS, in 2005 the California Air Resources Board Office of Environmental Health
Hazard Assessment determined outdoor tobacco smoke to be a “toxic air contaminant;”
and
WHEREAS, the 2006 U.S. Surgeon General Report on Involuntary Exposure to
Secondhand Smoke concludes that even brief exposures to secondhand smoke may
increase the severity of asthma attacks and lower respiratory tract infections, especially
in children, and have adverse effects on the heart; and
WHEREAS, the aforementioned Surgeon General Report cites comprehensive and
conclusive scientific evidence that “there is no risk-free level of exposure to secondhand
smoke;” and that “smoke-free environments are the most effective method for reducing
exposures;” and
WHEREAS, a 2006 study by the California Air Resources Board found that at typical
outdoor locations, persons may be exposed to tobacco smoke levels as high as indoor
secondhand smoke concentrations; and
WHEREAS, according to a 2007 peer-reviewed Stanford University study, “Real-Time
Measurement of Outdoor Tobacco Smoke Particles,” (Klepeis et al., Journal of the Air
and Waste Management Association), during periods of active smoking, peak and
average outdoor tobacco smoke levels measured in outdoor cafes, restaurants and bar
patios near smokers rival indoor tobacco smoke concentrations; and
WHEREAS, other field studies and controlled experiments in Denmark (Boffi et al.,
2006), Finland (Repace and Rupprecht, 2006), Maryland (Repace, 2005) and the
Caribbean (Repace, 2005) demonstrate that, regardless of which way the wind blows,
an individual in an outdoor café, transiting through a building doorway, or otherwise
surrounded by a group of smokers, is always downwind from the source of smoke; and
WHEREAS, many of these studies and controlled experiments also show that under
some conditions, outdoor levels of tobacco smoke can be as high as indoor levels; and
WHEREAS, according to the aforementioned Stanford University researchers (Klepeis
et al.), a cigarette, while it has much smaller emissions than a power plant or
automobile, is more likely to be very close to people and, therefore, to expose them to
concentrated levels of air pollution; and
WHEREAS, these Stanford University researchers measured background air pollution
from all distant sources, including automobiles, to be typically less than 10 or 20
micrograms per cubic meter of air, while, in contrast, they sometimes measured air
pollution near a cigarette to be over 1000 micrograms, concluding that air in typical
urban locations in California, even near roadways, to be generally quite clean compared
to air in the vicinity of smokers; and
April 7, 2010
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WHEREAS, children are currently unprotected from tobacco smoke in outdoor areas
where they are likely to be present and concentrated in, such as our City’s playgrounds;
and
WHEREAS, each day more than 4,000 youth nationwide try smoking for the first time,
and another 2,000 youth become regular daily smokers; and
WHEREAS, concern over secondhand smoke is a powerful motivator of adolescent
smoking behavior and can significantly deter adolescent smoking initiation according to
recent research published in the Journal on Adolescent Health, 2009; and
WHEREAS, there is a strong public preference for smoke free public spaces according
to surveys conducted of Tompkins County adults in June of 2006 and June of 2008 by
Tobacco Free Tompkins; and
WHEREAS, according to the 2008 survey, 8 out of 10 of the adults surveyed believe
smoking should be either restricted or not allowed in public outdoor events, at a public
beach or at a public park; and 9 out of 10 of the adults surveyed believe smoking should
be either restricted or not allowed in public playgrounds or areas around public building
entryways; and
WHEREAS, across the country, more than 700 state and local governments have
passed laws restricting outdoor smoking at playgrounds, building entrances and other
public areas, according to the American Nonsmokers' Rights Foundation; and
WHEREAS, policies and administrative orders that ban smoking in outdoor public
spaces have been implemented by jurisdictions in New York State; and
WHEREAS, the City of Ithaca determines that creating smoke free zones in certain
public spaces where children and/or adults are likely to be present or concentrated,
and/or where persons can not readily escape from exposure to tobacco smoke, will
protect the health, safety and welfare of the residents of our community; now, therefore
Ordinance 10-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
A new chapter (Chapter 280) entitled “Smoking, Outdoor,” is hereby added to the
Municipal Code of the City of Ithaca, to read as follows:
Section 1:
§280-1. Purpose.
The primary purpose of this chapter is to reduce the proximate exposure of the
public, especially children, to the hazards and annoyance of second-hand tobacco
smoke. Furthermore, this legislation is intended to reduce litter and possible
contamination from discarded cigarette butts, in public places, and to reduce the
likelihood that young persons will initiate tobacco use (by reducing the incidence of
public smoking in places where young persons are likely to be present).
Section 2:
§280-2. Authority.
Pursuant to the New York State Constitution, the Common Council of the City of
Ithaca may adopt and amend laws pertaining to the protection, conduct, safety, health
and well-being of the persons and property in the City. Similarly, the Charter of the City
of Ithaca provides that the Common Council may enact and enforce any ordinance (not
repugnant to the Constitution or laws of the State) for any local purpose (except
fluoridation of the water supply) pertaining to the preservation of order, peace and
health, and the safety and welfare of the City and the inhabitants thereof.
The Clean Indoor Air Act adopted by the New York State Legislature (Public
Health Law, Article 13-E, Sections 1399-n, et seq) addresses indoor smoking only, and,
in any case, specifically provides that “nothing herein shall be construed to restrict the
right of any county, city, town, or village to adopt and enforce additional local law,
April 7, 2010
13
ordinances or regulations which comply with at least the minimum applicable standards
set forth in this article.”
Section 3:
§280-3. Definitions.
For the purposes of this chapter, the following terms shall have the following
definitions:
1. Child Care Center: A facility where care and supervision are provided for
children, in exchange for consideration. For the purposes of this chapter, a “child care
center” refers only to such a facility that is licensed by New York State or Tompkins
County to operate as such.
2. Children: Persons under the age of 18 years.
3. City-owned Building: Any structure owned by the City of Ithaca, except for
any such structure that is subject to a written lease to another party, provided such
lease was entered into prior to the effective date of this chapter and provided such lease
does not give the City the authority to regulate outdoor smoking on the leased premises.
4. Entrance: The means by which persons may enter a building, typically
consisting of a door or doorway, which may be associated with a stoop or steps and/or
a ramp. For the purposes of this chapter, “entrance” includes the stoop, steps or ramp
leading from the sidewalk or pavement to such a door or doorway.
5. Exit: The means by which persons may leave a building, typically consisting
of a door or doorway, which may be associated with a stoop or steps and/or a ramp.
For the purposes of this chapter, “exit” includes the stoop, steps or ramp leading from
the sidewalk or pavement to such a door or doorway.
6. Facility: The structures and activity areas (which may be partially enclosed
or unenclosed) associated with an operation (which operation may be governmental,
recreational, educational, commercial or of another type).
7. Mass Transit Shelter: A structure that is enclosed on at least three sides
and has a roof, intended for use by persons waiting for a bus or other mass transit
vehicle.
8. Mobile Vending: An activity consisting of the offering of goods and/or
services for sale, from a non-permanent base of operations, including but not
necessarily limited to a cart, kiosk, table or vehicle.
9. Outdoor Dining: An activity consisting of the provision of facilities that are
available to members of the public (with or without payment) for eating and/or drinking
in an area that is not fully enclosed by a permanent structure (walls, roof, etc).
10. Outdoor Recreation Area: An area that is not fully enclosed and that is
designated for recreational purposes or activities.
11. Pavilion: A structure that is at least partially unenclosed (for example, with
open sides) and that is intended for public use.
12. Playground: An outdoor recreation area that is designed and intended for
use by children. For the purposes of this chapter, a playground that is fenced or
otherwise physically demarcated shall be deemed to include all of the area inside such
fence or demarcation; a playground that is not fenced or otherwise demarcated shall be
deemed to include all open space that is associated with or adjacent to it.
13. Playing Field: That portion of an outdoor recreation area that is set up and
marked in some way for the playing of one or more specific games (such as baseball,
football or soccer). For the purposes of this chapter, a playing field that is fenced or the
outside perimeter of which is otherwise physically demarcated shall be deemed to
include all of the area inside such fence or demarcation, together with any bleachers or
other, designated viewing area; a playing field that is not fenced or otherwise
demarcated (as to its outside perimeter) shall be deemed to include all of the area
customarily required for playing the game for which it is being used, together with any
bleachers or other designated viewing area.
14. Permit: Written permission for an activity proposed to be conducted on
property of the City of Ithaca (including any conditions placed upon such permission),
issued and signed by the appropriate regulatory authority of the City.
15. School: The facility where an educational institution licensed by New York
State and serving students in any grade from kindergarten through 12th grade is located.
16. Smoke: The emission produced by the burning of a lighted cigar, cigarette,
pipe or any other matter or substance which contains tobacco.
17. Smoking: The burning of a lighted cigar, cigarette, pipe or any other matter
or substance which contains tobacco.
April 7, 2010
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Section 4:
§280-4. Prohibition of outdoor smoking in certain public places.
Smoking shall not be permitted and no person shall smoke in the following
outdoor areas, subject to the limited exception for streets open to regular traffic as set
forth in Section 280-5, below:
A. At or near playgrounds, child care centers and schools, as follows:
1. At any playground that is open to use by the public, or on any public property
that is within 25 feet of such a playground.
2. On any public property that is within 25 feet of any entrance, exit, window or
ventilation intake of any licensed child care center or its facility.
3. On any public property that is within 25 feet of any entrance, exit, window or
ventilation intake for a school, school building or school facility.
4. The owner of any such playground, child care center or school shall be
required to post and maintain signage acceptable to the City advising the
public of the above restrictions.
B. In other areas or at events where persons cannot readily escape nearby second-
hand smoke, as follows:
1. Within any outdoor dining area (whether covered or not) located on City-
owned property, including the Ithaca Commons, as follows:
a. Within any seating area for outdoor dining and/or drinking associated
with a bar or restaurant, that is on City property and subject to a City
license, and that is in use for that purpose; and
b. Within any seating area for outdoor dining and/or drinking established
or maintained by the City or its agent, and that is in use for that purpose;
and
2. On any public property that is within 25 feet of the area occupied by a mobile
vending cart or other mobile vendor operating on City-owned (or City-leased) property.
3. At outdoor events on City-owned property, as follows:
a. Within the outdoor seating and viewing areas for open-air concerts,
dances, parades, other performances, lectures, motion picture or
video presentations, or similar open-air presentations, for which a
permit from the City is required and when in use for that purpose;
b. Within the outdoor seating and viewing areas associated with
unenclosed (or partially enclosed) sports areas or similar open-air
recreational facilities;
c. During outdoor festivals, block parties and similar events, on public
property, for which a permit from the City is required, that will involve
the concentration of persons in small or constrained spaces. For such
an event, smoking is prohibited within the area covered by the City
permit, except within a designated smoking area as described in
Section B3d, below.
d. If the sponsor of an outdoor event (per Section B3a, B3b or B3c,
above) wishes to allow smoking at the event, the sponsor must
propose and request (from the permit issuer) a “designated smoking
area” associated with event (which must be so marked, may not be in
a permanently smoke-free area, and would result in little or no direct
exposure of non-smokers to 2nd-hand smoke); if no such exception is
requested and granted, the event must be entirely smoke-free. For an
event occupying a portion of the Ithaca Commons, the designated
smoking area shall be that part of Commons where outdoor smoking is
not otherwise prohibited. (See Section 208-4.C.1, below.)
4. Any licensee or permit holder for an outdoor dining area, vending or outdoor
event on City-owned property shall be required to inform members of the
public of applicable restrictions on outdoor smoking (for example, through
signs posted on a mobile vending cart, at the perimeter of an outdoor dining
area or outdoor event, and/or in the publicity for an event).
April 7, 2010
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C. In certain other areas, as follows:
1. On a portion of the Ithaca Commons (and the alleys to the south of it), as
follows (as illustrated on the attached map):
At all times, within the inner portion of Ithaca Commons, which area is
intended to encompass all that portion of the right-of-way of North Tioga
Street commonly referred to as “Bank Alley” from the centerline of East
State/Martin Luther King Street northerly for a distance of 203 feet; and all
that portion of the right-of-way of East State/Martin Luther King Street
easterly from the centerline of North Tioga Street for a distance of 188
feet; and all that portion of the right-of-way of East State/Martin Luther
King Street westerly from the centerline of North Tioga Street for a
distance of 425 feet; also, within the so-called Home Dairy Alley and its
southerly extension beneath the Green Street Parking Garage and within
that part of the City-owned portion of the alley between the Green Street
Parking Garage and the property to the north commonly referred to as
“Center Ithaca” that is west of the easterly stairway located in said alley.
[NOTE: On the Commons, the northerly boundary of the smoke-free area
coincides with the property line between the Tompkins Trust Company
and M&T Bank buildings; the westerly boundary is at the most westerly
edge of the low concrete wall enclosing the chess-table area; and the
easterly boundary is at the most easterly edge of the large concrete
planter located to the east of the playground area.]
2. Outside City-owned buildings, as follows:
At all times, on any public property within 25 feet of any entrance or exit or
window or ventilation intake for any building owned by the City of Ithaca.
3. In City-owned parks, as follows:
a. Within certain City-owned parks or areas of certain City-owned parks,
as follows:
(1) In Stewart and Cass Parks, as follows:
Smoking is prohibited in designated, smoke-free areas (see
below, and see attached maps); outdoor smoking is
otherwise permitted in these parks, except that the
managers of City-operated programs in these parks shall
have authority to designate (with appropriate signage)
additional smoke-free areas when in use for those programs,
when such designation is reasonably necessary for the
protection of public health.
(a) Cass Park smoke-free areas (in addition to playground
areas) are:
i. All playing fields when in active use for
recreational purposes, and within 25 feet of the
boundary of a playing field when the field is in use
for such purpose;
ii. Inside any pavilion, or within 25 feet of it;
iii. Inside the skating rink structure, or within 25 feet
of it;
iv. Within the fenced area around the swimming pool;
and
v. The tennis courts, when in active use for
recreational purposes.
(b) Stewart Park smoke-free areas are:
i. The “Playground/Pavilion Area,” namely, the area
bordered by the “inner” park roads, plus the large
pavilion and a 25-foot buffer around it (includes
carousel and sprinkler area; runs to Lake shore);
ii. The tennis courts, when in active use for
recreational purposes; and
April 7, 2010
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iii. Inside the Boathouse and within 25 feet of any
entrance, exit, window or ventilation intake.
(2) Anywhere within any other City-owned or operated park
(including DeWitt Park), except that this prohibition shall not
apply to the City-owned “Festival Lands”/Off-Leash Area,
currently operated as part of Allan H. Treman State Park.
4. On the following City-owned trails and special, multi-purpose walkways:
a. Cayuga Waterfront Trail
b. Six Mile Creek Creekwalk
c. Inlet Island Promenade
5. In City-owned Natural Areas, as follows:
No smoking within the following designated (or otherwise specified) Natural
Areas, both within and outside the boundaries of the City of Ithaca:
a. Six Mile Creek
b. Fuertes Sanctuary
c. Ithaca Falls
d. Southwest Substitute Parkland (pending designation as natural
area)
6. At Other City-Operated Facilities, as follows:
No smoking in the following places:
a. Elevators in City parking garages;
b. Within the fenced area of the Alex Haley Pool, or within the
fenced area of the adjacent Melvyn Bell Memorial basketball court
when in use for recreational purposes.
7. Inside, or on any public property within 25 feet of, any mass transit shelter;
8. At facilities leased or licensed to others, as follows:
a. Whenever the City is negotiating a new or renewed lease or
license for use of City land or buildings, the City shall include in
such lease or license a provision that will apply outdoor smoking
rules comparable to those for other, comparable City property
(as set forth herein).
b. As for existing leases, where this ordinance would not apply
automatically, the City shall ask such lessees to agree (voluntarily)
to operate the outdoor areas of the leased premises in a manner
that is consistent with City regulation of smoking in comparable
outdoor areas.
Section 5:
§280-5. Exception for streets open to regular traffic.
Streets open to regular vehicular traffic are exempt from the prohibitions on
outdoor smoking emanating from an adjacent area (such as outdoor dining on an
adjacent sidewalk), except that such prohibition shall extend into the parking lane of
such a street and to persons in or on a vehicle in any other affected parking area on
public property.
Section 6:
§280-6. Referenced maps are approximations
All maps referenced in this Chapter are visual approximations of legislative intent
as expressed in the language of this Chapter.
Section 7:
§280-7. Enforcement; penalties.
Any person who violates any provision of this chapter, by smoking in an area
where outdoor smoking is hereby prohibited, shall be guilty of an offense punishable by
the following penalties:
April 7, 2010
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1st offense: $75.00
2nd offense: $150.00
3rd or subsequent offense: $250.00
Section 8:
§280-8. Effective date.
This chapter shall take effect on August 1, 2010, upon publication of notice as
provided in the Ithaca City Charter.
Section 9:
Severability
If any clause, sentence, paragraph, section, Article or part of this resolution or
ordinance, now or through supplementation or amendment in the future, shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined in its operation to
the clause, sentence, paragraph, section, Article or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
Discussion followed on the floor regarding how this legislation would be enforced.
Alderperson McCollister stated that she felt this legislation equated to regulatory over
reach, and her preference would be to start small and build upwards. She voiced her
concern that this configuration of smoke-free zones would create clusters of smokers on
the Commons. She stated that it will be important to measure the effectiveness of this
legislation (such as it deters young people from smoking).
City Attorney Hoffman voiced concerns over the language in Section 280-5 as it still
refers to a buffer zone around outdoor dining tables that the Committee agreed to
remove.
Amending Resolution
By Alderperson Rosario: Seconded by Alderperson Cogan
RESOLVED, That Section 280-5 be amended to read as follows:
§280-5. Exception for streets open to regular traffic.
Streets open to regular vehicular traffic are exempt from the prohibitions on
outdoor smoking emanating from an adjacent area.
Ayes (4) Clairborne, Rosario, McCollister, Mohlenhoff
Nays (6) Coles, Dotson, Zumoff, Myrick, Rooker, Cogan
Failed
Amending Resolution
By Alderperson Dotson: Seconded by Alderperson Zumoff
RESOLVED, That Section 280-5 be amended to read as follows:
§280-5. Exception for streets open to regular traffic.
Streets open to regular vehicular traffic are exempt from the prohibitions on
outdoor smoking emanating from an adjacent area, except that such prohibition shall
extend into the parking lane of such a street and to persons in or on a vehicle in an
affected parking area on public property (such as near a school or playground).
Ayes (6) Coles, Dotson, Zumoff, Myrick, Rooker, Cogan
Nays (4) Clairborne, Rosario, McCollister, Mohlenhoff
Carried
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That a Resolved clause be added before the beginning of the Ordinance
that will read as follows:
“RESOLVED, That Common Council cause this Ordinance to be reviewed periodically
during the first five (5) years in order to gauge its effectiveness; and, be it further”
Carried Unanimously
Alderperson Dotson distributed two proposed amendments and corresponding map
regarding mass transit shelters.
April 7, 2010
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Amending Resolution
By Alderperson Dotson: Seconded by Alderperson Myrick
RESOLVED, That the definition of Mass Transit Shelter in Section 280-3 be amended
to read as follows:
“Mass Transit Shelter: A roofed structure, intended for use by persons waiting for a bus
or other mass transit vehicle.”
Ayes (3) Dotson, Coles, Myrick
Nays (7) Rosario, Clairborne, McCollister, Zumoff, Rooker, Mohlenhoff,
Cogan
Failed
Amending Resolution
By Alderperson Dotson: Seconded by Alderperson Myrick
RESOLVED, That Section 280-4 C (7) be amended to read as follows:
“7. At or near mass transit shelters, as follows:
a. Along the 100 block of East Green Street, on any public property between the south
curbline of East Green Street and a line 48 feet south of and parallel to the centerline of
East Green Street, bounded on the east by a line 418 feet east of an parallel to the
centerline of South Cayuga Street, and bounded on the west by a line244.4 feet east of
and parallel to the centerline of South Cayuga Street.
[NOTE: This area can be described by current physical landmarks as follows, between
the south curbline of East Green Street and a line 25 feet south of that curbline (which
coincides roughly with the front wall of the TCAT-leased space in the building at 131
East Green Street), and extending from the easternmost limit of the covered seating
area of the Tompkins County Public Library east to the westernmost edge of the mid-
block pedestrian crossing across Green Street.];
b. Inside, or on any public property within 25 feet of, any mass transit shelter.
Alderperson Myrick voiced his support for this amendment. Alderperson Clairborne
voiced concern for TCAT bus drivers who can’t leave their buses unattended during
smoke breaks. Further discussion followed regarding the legislation including areas
that are privately owned, and how this language could cause confusion for the public.
Motion to Call the Question
By Alderperson Dotson: Seconded by Alderperson Zumoff
RESOLVED, That the Question be called.
Carried Unanimously
A vote on the Amending Resolution resulted as follows:
Ayes (2) Dotson, Myrick
Nays (8) Coles, Rosario, Clairborne, McCollister, Zumoff, Rooker,
Mohlenhoff, Cogan
Failed
Alderperson Myrick thanked all of the respectful smokers in the community and noted
that this legislation was not enacted for them, but to address the disrespectful smokers.
He noted that this legislation is very progressive, and he hopes that the future of the
City will be a smoke-free one. He further extended his thanks to Alderperson Rosario
for all of his hard work on this issue.
Alderperson Rosario thanked Alderpersons Myrick, Cogan, and Clairborne, City
Attorney Hoffman, and Mr. Ted Schiele from the Tompkins County Health Department
for their dedication to this issue. He noted that he has concerns about parts of the
legislation, but is ready to move it forward.
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Coles, Dotson, Rosario, Clairborne, Zumoff, Myrick, Rooker,
Mohlenhoff, Cogan
Nays (1) McCollister
Carried
April 7, 2010
19
RECESS:
Common Council recessed at 10:25 p.m.
RECONVENE:
Common Council reconvened into session at 10:32 p.m.
REPORT OF SPECIAL COMMITTEES:
Charter and Code Review:
Alderperson Cogan reported that the committee has identified its purpose as finding
ways to make government more efficient. He highlighted some of the work that Deputy
Director of Human Resources Saul has conducted in identifying personnel related
issues that are located in multiple sections of the Charter & Code. She has developed a
spreadsheet system that will allow the committee to consolidate all related information
into a single location. He stated that a concept memo on this topic is being prepared for
review by the City Administration Committee. He further noted that the committee is
reviewing the number of Common Council seats and Wards in advance of re-districting
for the 2010 Census. The selection process for the Acting Mayor/Alternate Acting
Mayor is also being reviewed. The committee has also suggested that a sub-committee
of Common Council and Board of Public Works members be formed to review the
information pertinent to the Board of Public Works. The goal is to make the project of
Charter updates manageable.
Capital Project Planning:
Alderperson Rosario reported that the committee has identified three areas of concern.
They are working on a capital assets policy; combining equipment and infrastructure
into one inventory list; adopting a multi-year capital plan and encouraging more
Common Council participation in the process. He stated that questions have been
added to the 2010 Capital Project Request Form regarding equipment and infrastructure
as a means to begin collecting information. The committee has also been reviewing how
project estimates are derived by staff. He stated that these ideas will be brought to the
City Administration Committee.
Performance Measure Group:
Alderperson Mohlenhoff reported that the committee has been looking at information
from other cities for best practices of performance measures. The have found good
information about integrating performance measures into departmental priorities and
city “themed” goals. They are also working on a city resident satisfaction survey review
on which to base a city “score card”. The committee will also work with every
department in the City to set a goal that can be measured.
Parking Committee:
Mayor Peterson reported that the committee is developing a city parking policy/vision
that is in draft form for discussion purposes. A parking operations group has been
formed and they hope to overlap work with the Collegetown project as plans are made
for parking.
Yard Waste Committee:
Mayor Peterson reported that discussions are ongoing on what is being picked up and
how it can be used.
12. NEW BUSINESS:
12.1 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson Myrick
WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize
certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
April 7, 2010
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WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sushi O Sake Japanese Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2010, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi
O Sake Japanese Restaurant that includes the sale of alcohol in accord with the terms
and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
12.2 Blue Stone Bar & Grill Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson Myrick
WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar &
Grill to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Blue Stone Bar & Grill, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar &
Grill that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
12.3 Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson Myrick
WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along
Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Ithaca Ale House, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
April 7, 2010
21
RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
12.4 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson Myrick
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor
dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
12.5 Ragmann’s Restaurant Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson Myrick
WHEREAS, the City Clerk’s Office has received a request to allow Ragmann’s Restaurant
to utilize certain areas along North Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Ragmann’s Restaurant, including the responsible sale and consumption
of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Ragmann’s
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
April 7, 2010
22
12.6 Bandwagon Brewpub Alcohol Permit Request - Resolution
By Alderperson Rooker: Seconded by Alderperson Myrick
WHEREAS, the City Clerk has received a request to allow Bandwagon Brewpub to utilize
certain areas along Cayuga Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at The Bandwagon Brewpub, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2010, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Bandwagon Brewpub
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
13.2 Dredging Process for Sediment Management - Resolution
By Alderperson Dotson: Seconded by Alderperson Coles
WHEREAS, both Common Council and the Board of Public Works received and
reviewed the draft Site Reconnaissance Report, Southern Tributaries to Cayuga Lake
Dredging Project, dated February 2010, in which several potential sites are evaluated
for the construction of a sediment management facility, and
WHEREAS, members of both bodies attended a joint special meeting on February 24,
2010 at which city staff and consultants from Ecologic and ERM presented the report
and answered questions, and
WHEREAS, members of both bodies understand that the dredging project as a whole is
a very large project in which multiple agencies at various governmental levels are
involved and that the selection of a preferred site by the City, with consideration of
various issues including land use impacts, is the next step needed to progress the
project, and
WHEREAS, Common Council and the Board of Public Works held a joint special
meeting on March 31, 2010 to discuss a process to select a preferred site on which to
locate a sediment management facility, and
WHEREAS, members of both bodies agreed by consensus that time is of the essence
and the selection should be a joint process (as described in this resolution), now
therefore be it
RESOLVED, That the site selection for the Southern Tributaries to Cayuga Lake
Dredging Project be carried out as follows:
• The Board of Public Works will undertake the task of recommending a preferred
site, and
• During this process the Board of Public Works will regularly communicate their
progress with Common Council through the Planning and Economic
Development Committee, and
April 7, 2010
23
• The Board of Public Works will recommend a site to Common Council for
Council’s final selection.
Alderperson Zumoff expressed concern about wording that indicates this process could
take a significant amount of time.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
Appointments to Various Boards and Committees
Bicycle Pedestrian Advisory Council - Resolution:
By Alderperson Myrick: Seconded by Alderperson Mohlenhoff
RESOLVED, That David McElrath be appointed to the Bicycle Pedestrian Advisory
Council as the Disability Advisory Council liaison with a term to expire December 31,
2012, and be it further
Commons Advisory Board - Resolution:
RESOLVED, That Lynda Thompson be appointed to the Commons Advisory Board to
fill a vacancy with a term to expire December 31, 2011, and be it further
RESOLVED, That Chris Georgaroudakis be appointed to the Commons Advisory Board
to fill a vacancy with a term to expire December 31, 2011, and be it further
Conservation Advisory Council:
RESOLVED, That Nathan Brenner be appointed to the Conservation Advisory Council
to fill a vacancy with a term to expire December 31, 2011, and be it further
Disability Advisory Council - Resolution:
RESOLVED, That Siobhan Whalen be appointed to the Disability Advisory Council to fill
a vacancy with a term to expire June 30, 2011, and be it further
Ithaca Landmarks Preservation Commission - Resolution:
RESOLVED, That Edward Finegan be appointed to the Ithaca Landmarks Preservation
Commission to replace Alphonse Pieper with a term to expire December 31, 2011, and
be it further
Youth Bureau Advisory Board - Resolution:
RESOLVED, That Annabel Fowler be appointed to the Youth Bureau Advisory Board to
fill a vacancy with a term to expire December 31, 2011.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Recreation Partnership Board:
Alderperson Coles noted that she would distribute copies of her report to Common
Council members for their information.
Move to Extend the Meeting:
By Alderperson Dotson: Seconded by Alderperson Coles
RESOLVED, That Common Council extends the meeting until 11:20 p.m. in order to
complete the agenda.
Carried Unanimously
Alderperson Mohlenhoff extended her congratulations to the United Way for reaching
their campaign goals. She thanked Director of Planning and Development Cornish for
spearheading the City’s contribution program.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that the Supreme Court rendered a decision on the case
brought by the Ithaca City School District against the City’s Ithaca Landmarks
Preservation Commission for its decision on the Markles Flat building. He
recommended that Common Council hear more of the details in an Executive Session.
April 7, 2010
24
MINUTES FROM PREVIOUS MEETINGS:
Approval of the March 3, 2010 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Dotson: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the March 3, 2010 Regular Common Council Meeting
be approved with noted corrections.
Carried Unanimously
Motion to Enter Into Executive Session to Discuss Current Litigation – Resolution
By Alderperson Cogan: Seconded by Alderperson Mohlenhoff
RESOLVED, That Common Council enter into Executive Session to discuss current
litigation.
Carried Unanimously
Common Council returned to regular session with no formal action.
ADJOURNMENT:
On a motion the meeting adjourned at 11:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor