HomeMy WebLinkAboutMN-CC-2010-08-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. August 4, 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
Director of Planning and Development - Cornish
Deputy Director of Economic Development – DeSarno
Community Development Director – Bohn
Human Resources Director – Michell-Nunn
Deputy Director of Human Resources – Valerie Saul
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business:
Mayor Peterson noted that Items 12.1 and 12.2 have been distributed electronically,
and hard copies have been provided to Council members.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
William and Sadie Benson, City of Ithaca, explained suspected surveying errors from
1989 that resulted in their home being built on a portion of City land. They are in the
process of trying to sell this property and expressed concern regarding the financial
discussions that have occurred in an attempt to find a resolution to this matter.
Roxy Johnston, City employee and Vice President of the CSEA Administrative Unit,
expressed her support for the release of City funds in relation to the compensation
study.
John Coggin, City employee, spoke in favor of action on the CSEA Admin Unit
compensation study.
Kent Johnson, City employee, spoke in favor of the release of funds for phase 1 of the
compensation study and encouraged Common Council to continue its planning for the
complete funding of the study recommendations.
Alex Parillo, Local Building Trades Union, addressed Council regarding the Plantations
Project, and the proposed extension of the suspension of the Apprenticeship Policy.
William DiBernardo, Cornell University student, spoke to the necessity of barriers on the
bridges for the safety of students.
Barbara Johnston, LaBella Associates, addressed Council regarding the proposed
TIGERII grant application.
Graeme Bailey, Cornell University professor, spoke about the creative opportunities
available in the design of permanent bridge barriers.
Jeff Cleveland, Owner of Johnson Boat Yard, explained the situation where the City
built sewer infrastructure on a portion of his property 25 years ago, and he would like to
find a resolution to this issue in the near future.
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August 4, 2010
Lauren Wetterhahn, Cornell University, spoke in support of fences as necessary suicide
means restrictions on the bridges.
Alice Green, Assistant Dean of Students, Cornell University, shared personal
experiences as a staff member of Cornell’s EARS program and voiced her support for
bridge barriers.
Joel Harlan, Town of Newfield, addressed Council regarding bridge barriers and
homelessness issues.
CONSENT AGENDA ITEMS:
City Administration Committee:
Fire Department - Request to Amend 2010 Budget for New York State Grant –
Resolution
By Alderperson Myrick: Seconded by Alderperson Clairborne
WHEREAS, the City of Ithaca is the lead recipient of a 2009 New York State Office of
Homeland Security Hazardous Materials Grant in the amount of $22,000, 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, Cortland County and
Tioga County, and
WHEREAS, the Homeland Security Grant will be used to purchase a Chemical
Detection Device on New York State Contract for $20,000, and
WHEREAS, the remaining $2,000 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 $22,000 to be used for said expenses as outlined
by the 2009 New York State Office of Homeland Security Hazardous Materials Grant
with amended budgets as follows:
Increase Revenue Account:
A3410-3989 State Aid $22,000
Increase Expense Accounts:
A3410-5225-12150 Other Equipment $20,000
A3410-5440-12150 Staff Development $ 2,000
and be it further
RESOLVED, That income received from the 2009 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
CITY ADMINISTRATION COMMITTEE:
Finance/Controller’s Office - Approval of 2008 Single Audit Report - Resolution
Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2008
through December 31, 2008 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.
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August 4, 2010
Leslie Spurgin, Ciaschi, Dietershagen, Little and Mickelson & Company, LLP presented
the rough draft of the Independent Auditor’s Report for 2008 and explained the various
elements of the report.
Discussion followed on the floor regarding the need to approve the report at tonight’s
meeting in light of the fact that it was just distributed to Council members, and they have
not had an opportunity to review it. Deputy City Controller Andrew explained that
although the report is labeled “rough draft”, it is very unlikely that information in the
report will change. Changes to the report will mainly consist of correcting typographical
errors. He further explained that Federal agencies have been requesting this report for
some time, and the delay has caused the Ithaca Urban Renewal Agency to undergo
audits.
Alderperson Coles noted that in the six years that she has been reviewing them, she
has never had any issues with the reports provided by the independent auditors.
Alderperson Rosario stated that he would not vote in support of the resolution based
upon the process, not the quality of the work. Alderperson Dotson stated that she
shares Alderperson Rosario’s concern.
Alderperson Clairborne noted that he would like to review the document prior to taking
action on it.
A vote on the Resolution resulted as follows:
Ayes (5) Coles, McCollister, Mohlenhoff, Cogan, Zumoff
Nays (5) Rosario, Clairborne, Rooker, Myrick, Dotson
Abstentions (0)
Mayor Peterson voted nay breaking the tie vote
Failed
Mayor Peterson noted that this item would be placed on the agenda for the September
Common Council meeting or the Special Council meeting on August 17, 2010.
IURA - Declaration of Lead Agency – Downtown Commons Upper Story Housing
Project, Authorize Use of ‘Gateway’ Proceeds for a Short-Term Loan from the
Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
WHEREAS, the City of Ithaca Common Council is considering authorization of use of
‘Gateway’ proceeds by the Ithaca Urban Renewal Agency (IURA) to make a short-term
loan to Plantation Building LLC for construction phase project expenses to renovate the
Plantation Building to implement one of the two projects included in the Downtown
Commons Upper Story Housing Project for which the City of Ithaca received a $1.15
million grant award through the Restore NY program, and
WHEREAS, Sunit “Lex” Chutintaranond and Flaminia Cervesi are each 50% owners in
Plantation Building LLC, the operating company that will undertake redevelopment of a
$2.47 million project to redevelop the vacant Plantation Building located at 130-132 E.
State/MLK Street to create a 4,000 square foot restaurant, 1,200 square feet of
commercial office space, six market-rate, one-bedroom apartments and two affordable,
one-bedroom apartments, and
WHEREAS, the IURA holds ‘Gateway’ proceeds on behalf of the City of Ithaca, which
were derived from the sale of City-owned real estate to Eddygate Park Associates in
1986 to facilitate the Eddygate mixed-use project in Collegetown for which sale
proceeds were realized in 2002 and contributed to the IURA to provide loan financing to
facilitate the Gateway Plaza redevelopment project at 401 E. State/MLK Street and
subsequently repaid in full, and
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August 4, 2010
WHEREAS, on November 24, 2009, the proposed renovation of the Plantation Building
underwent environmental review during the site plan review process and at that time it
was determined that the project will result in no significant impact on the environment,
and
WHEREAS, the proposed short-term loan to Plantation Building LLC is an Unlisted
action under the City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions 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; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed authorization of the use of
‘Gateway’ proceeds by the IURA to make a short term loan to Plantation Building LLC to
implement the Downtown Commons Upper Story Housing project at 130-132 E.
State/MLK Street until Restore NY grant funds are available.
Carried Unanimously
IURA Environmental Determination - Downtown Commons Upper Story Housing
Project, Authorize Use of Gateway Proceeds for a Short-Term Loan from the
Ithaca Urban Renewal Agency to Plantation Building LLC - Resolution
By Alderperson Coles: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering authorization of use of
‘Gateway’ proceeds by the Ithaca Urban Renewal Agency (IURA) to make a short-term
loan to Plantation Building LLC for construction phase project expenses to renovate the
Plantation Building to implement one of the two projects included in the Downtown
Commons Upper Story Housing Project for which the City of Ithaca received a $1.15
million grant award through the Restore NY program, and
WHEREAS, Sunit “Lex” Chutintaranond and Flaminia Cervesi are each 50% owners in
Plantation Building LLC, the operating company that will undertake redevelopment of a
$2.47 million project to redevelop the vacant Plantation Building located at 130-132 E.
State/MLK Street to create a 4,000 square foot restaurant, 1,200 square feet of
commercial office space, six market-rate, one-bedroom apartments and two affordable,
one-bedroom apartments, and
WHEREAS, the IURA holds ‘Gateway’ proceeds on behalf of the City of Ithaca, which
were derived from the sale of City-owned real estate to Eddygate Park Associates in
1986 to facilitate the Eddygate mixed-use project in Collegetown for which sale
proceeds were realized in 2002 and contributed to the IURA to provide loan financing to
facilitate the Gateway Plaza redevelopment project at 401 E. State/MLK Street and
subsequently repaid in full, and
WHEREAS, on November 24, 2009, the proposed renovation of the Plantation Building
underwent environmental review during the site plan review process and at that time it
was determined that the project will result in no significant impact on the environment,
and
WHEREAS, the proposed action will provide financing to undertake renovation of the
Plantation Building in accordance with the site plan approval issued by the City of Ithaca
Planning and Development Board on November 24, 2009, and
WHEREAS, on August 4, 2010, the City of Ithaca Common Council declared itself Lead
Agency for the environmental review of this proposed action, and
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August 4, 2010
WHEREAS, the proposed short-term loan to Plantation Building is an Unlisted action
under the City Environmental Quality Review Ordinance (CEQRO), which requires
environmental review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, Part 1, submitted by the applicant, and Part 2, prepared by Planning
and Development Department staff, and other application materials; now, therefore, be
it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed authorization of use of ‘Gateway’ proceeds by the IURA to make a short-term
loan to Plantation Building LLC to implement the Downtown Commons Upper Story
Housing project at 130-132 E. State/MLK Street will result in no significant impact on the
environment and that a Negative Declaration for purposes of Article 8 of the
Environmental Conservation Law be filed in accordance with the provisions of Part 617
of the State Environmental Quality Review Act.
Alderperson Zumoff questioned how lending someone money has an environmental
impact. City Attorney Hoffman responded that any decision to fund a project is covered
in the CEQR law unless it is exempt from the Type II list.
A vote on the Resolution resulted as follows:
Carried Unanimously
IURA - Downtown Commons Upper Story Housing Project, Authorize Use of
‘Gateway’ Proceeds for a Short-Term Loan From the Ithaca Urban Renewal
Agency to Plantation Building LLC - Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
WHEREAS, on June 25, 2010, Sunit “Lex” Chutintaranond, managing member of
Plantation Building LLC, requested a short-term bridge loan of $512,000 until Restore
NY grant funds can be accessed from the Empire State Development Corporation
(ESD) for the comprehensive rehabilitation project of the Plantation Building located at
130-132 E. State/MLK Street, and
WHEREAS, the amount of loan assistance requested is equal to approximately three
months of project construction expenditures, and
WHEREAS, Lex Chutintaranond and Flaminia Cervesi are each 50% owners in ItalThai
LLC, the owner of the Plantations Building, and Lex Chutintaranond is the sole owner of
Plantation Building LLC, the operating company that will undertake the redevelopment
project and syndicate historic tax credits, and
WHEREAS, the City of Ithaca was awarded $900,000 in Restore NY grant funds to
assist in the $2.47 million redevelopment of the vacant Plantation Building to create a
4,000 SF restaurant, 1,200 SF of commercial office space, six market-rate, one-
bedroom apartments and two affordable one-bedroom apartments, and
WHEREAS, the City authorized the Ithaca Urban Renewal Agency (IURA) to administer
and implement the Restore NY grant, and
WHEREAS, Restore NY grant funds can be accessed via a Grant Disbursement
Agreement (GDA) per the following process:
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August 4, 2010
A. submit proof of project readiness to ESD, including proof of completion of
environmental review, state historic preservation office review and site plan
review; a final project budget, including an independent construction
estimate; and documentation that all project funding is committed, including
bank financing,
B. ESD Board approval,
C. Public Authorities Control Board (PACB) approval,
D. Completion of ESD public hearing,
E. Issuance of a GDA, and
WHEREAS, during the three month impasse to adopt the 2010-2011 New York State
budget, no GDAs for Restore NY projects were approved by the PACB, and
WHEREAS, with adoption of a significant portion of the NYS 2010-2011 budget in early
July, the PACB has resumed approval of new GDAs for Restore NY projects, and
WHEREAS, the Plantation Building Restore NY project is scheduled for ESD Board
review in September 2010, which is expected to result in issuance of a GDA in October
2010, and
WHEREAS, Plantation Building LLC has executed a construction contract with a
guaranteed maximum price that is on-budget, and
WHEREAS, the interior demolition, site preparation and asbestos removal has been
completed, leaving the structure in fragile condition and developer equity exhausted,
and
WHEREAS, installation of an elevator, a new HVAC system and replacement of the roof
all need to be completed prior to cold weather to prepare the building for winter and
avoid increased project costs, and
WHEREAS, shutting down the project to wait for access to Restore NY funds in late
October imperils project feasibility, and
WHEREAS, use of CDBG funds for the requested loan is problematic because use of
CDBG funds for construction activities requires compliance with the Davis-Bacon Act
which would require re-bidding the construction project, and
WHEREAS, the IURA holds “Gateway” proceeds on behalf of the City of Ithaca, which
were derived from the sale of City-owned real estate to Eddygate Park Associates in
1986 to facilitate the Eddygate Park Apartment mixed-income 64-unit rental housing
project in Collegetown for which sale proceeds were realized in 2002, and
WHEREAS, in 2002 “Gateway” proceeds were loaned to Gateway Plaza Associates,
LLC to facilitate the Gateway Plaza project located at 401 E. State/MLK Street with
repayments earmarked by the City of Ithaca Common Council for affordable housing
activities, and
WHEREAS, the Gateway Plaza loan was fully repaid in 2007, and
WHEREAS, the balance of “Gateway” proceeds is approximately $595,600 as of June
30, 2010, of which $100,000 has been earmarked as a contribution to the Housing
Fund, leaving an unobligated balance of $495,600, and
WHEREAS, the Plantations Building project includes affordable housing, and
WHEREAS, use of “Gateway” proceeds requires approval from the City of Ithaca
Common Council, and
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August 4, 2010
WHEREAS, the IURA conducted an underwriting of the loan application and
recommends approval of a $490,000 short-term loan subject to approval by the City of
Ithaca Common Council, and
WHEREAS, the proposed IURA loan will be repaid from Restore NY grant funds
disbursed by the Empire State Development Corporation to the City of Ithaca that are
earmarked for the Plantation Building project and is further secured through mortgages
and personal and corporate financial guarantees provided by the borrower; and
WHEREAS, on July 22, subject to Common Council’s approval, the IURA approved the
loan of the “Gateway” funds for this project and further recommended that the City of
Ithaca Common Council also approve the use of the “Gateway” proceeds to fund this
bridge loan; now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the use
of $490,000 ‘Gateway’ proceeds by the IURA to make a short-term loan to Plantation
Building LLC to implement the Downtown Commons Upper Story Housing Project.
Community Development Director Bohn explained the financing package for this
project, and the issues involved with the use of CDBG funds and the Davis-Bacon Act.
Alderperson Coles explained that this is a historical building which could suffer
considerable damage if work cannot be completed before winter. She noted that the
project has used union labor on the work completed so far.
Alderperson Dotson encouraged the use of prevailing wage for the workers on this
project; however, the short time line to protect the building will be a determining factor of
her vote.
A vote on the Resolution resulted as follows:
Carried Unanimously
Common Council - Extension of the Suspension of the City of Ithaca’s
Apprenticeship Policy - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, in 2001, the New York State Legislature adopted a new law (Labor Law,
Section 816-b) that gives municipalities the option of requiring contractors and
subcontractors for a construction contract (to which the municipality is a direct or
indirect party) to have apprenticeship agreements (providing for the approved training
and placement of apprentices); and
WHEREAS, in January 2005 Common Council exercised its authority under said
statute, and adopted a resolution which required that all City construction contracts for
more than $500,000 “must include contractors that participate in New York State
certified apprenticeship programs,” that this requirement is to be imposed upon “all
bidders and all subcontractors under the bidder,” and is to apply to “each apprenticeable
trade or occupation represented in their workforce” and that all bidders and their
subcontractors “must abide by the apprentice to journeyman ratio for each trade
prescribed therein,” but that 25% of the monetary value of the general contract may be
exempted from the apprenticeship requirement “to permit the use of small or specialty
subcontractors who would otherwise be excluded;” and
WHEREAS, by 2009, the Mayor and the Council had become aware of certain problems
and concerns associated with the implementation of the City’s Apprenticeship Policy;
and
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August 4, 2010
WHEREAS, as a result of these concerns, Common Council decided in December,
2009, to suspend the Apprenticeship Policy, until August 5, 2010, and to ask for a
“working group” (including staff and Council members) appointed to research the matter
to make a recommendation on the subject to Common Council before August 5, 2010;
and
WHEREAS, this working group has met regularly over the past year, and has heard
directly from union representatives, affected contractors and others; and
WHEREAS, at this time, the working group has not completed its examination of and
deliberation about the issue of the Apprenticeship Policy (or possible alternative
approaches to the goal of enhancing employment readiness and opportunities for City
residents, particularly those who are young and/or disadvantaged); now therefore be it
RESOLVED, That the suspension of the “Apprenticeship Policy” that was established
by resolution of the Common Council of the City of Ithaca, on January 5, 2005, be and
hereby is extended until December 2, 2010; and be it further
RESOLVED, That the “working group” appointed to study this matter is requested to
submit its report and any recommendations, to the Mayor and the Chair of the City
Administration Committee, by no later than November 10, 2010.
Alderperson Clairborne described the work of the working group and the need for the
extension. Alderperson Dotson stated that it is important for Common Council to hear
back on the progress of the working group.
A vote on the Resolution resulted as follows:
Carried Unanimously
Department of Public Works- Request to Approve Funding Match for TIGER II
(Transportation Investment Generating Economic Recovery) Grant Application -
Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the United States Department of Transportation (USDOT) has announced
the availability of funds in the TIGER II Discretionary Grants (TIGER II) program, which
notice was published in the Federal Register on June 1, 2010, and
WHEREAS, Common Council is interested in applying for a TIGER II grant so as to
make a large investment in the transportation system in the central business district in
order to maintain a state of good repair, to make the downtown a more livable and
sustainable environment, to strengthen the City of Ithaca’s position as a hub for the
county and region, and to encourage and support economic activity in the City, and
WHEREAS, staff from the Office of the City Engineer and the Department of Planning
and Development have begun scoping a grant eligible project to include, but not be
limited to, the following components:
• Rehabilitation of the Commons Pedestrian Street
• Partnering with Tompkins Consolidated Area Transit (TCAT) to procure and
install a Real Time Passenger Information System for TCAT busses and the
TCAT bus stops at Green St. and Seneca St.
• Partnering with NYSDOT to reconstruct Seneca Street and portions of Green
Street (between East State/Martin Luther King Jr. Street and Route 13) with the
ultimate intention of taking ownership of these streets in exchange for the State
taking ownership of the Elmira Road section of Route 13 that the City currently
owns
• Partnering with Cornell University to rehabilitate the Cascadilla Creek Gorge Trail
between Linn Street and College Avenue so that it can be reopened to the public.
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August 4, 2010
• Accessibility improvements in the downtown, particularly sidewalk curb ramp
improvements
• Installation of bicycle racks, bicycle lockers, wayfinding signage, and electric
vehicle plug-in stations in the downtown, now, therefore be it
RESOLVED, That the Mayor of the City of Ithaca, or her designee, is hereby authorized
to submit a TIGER II application for funding to the United States Department of
Transportation in accordance with the provisions of the Notice of Funds Available, in a
amount not to exceed $16,700,000, and upon approval of said request to enter into and
execute a project agreement with USDOT, or its designee, for such financial assistance
to the City of Ithaca for design, right-of-way acquisition, construction and construction
inspection of the TIGER II application as submitted by the Mayor and approved by
USDOT, and be it further
RESOLVED, That Common Council hereby makes a commitment of funds, contingent
upon an award of funds from the TIGER II program and environmental review, in an
amount not to exceed 20% of the total project costs, i.e., in an amount not to exceed
$3,340,000, which funds will be derived from serial bonds.
Alderperson Coles explained that the City would be extremely lucky to get this grant and
the City’s 20% would not be used if the project is not selected.
Alderperson Myrick questioned whether TCAT would be contributing to this project.
Alderperson Coles responded that TCAT would contribute $400,000 and the NYS DoT /
CU contribution would assist in “over matching” which would improve the
competitiveness of the grant.
Discussion followed on the floor regarding matching fund calculations.
Amending Resolution:
By Alderperson Myrick: Seconded by Alderperson Dotson
RESOLVED, That the last Resolved Clause be amended to read as follows:
“RESOLVED, That Common Council hereby makes a commitment of funds, contingent
upon an award of funds from the TIGER II program and environmental review, in an
amount not to exceed $3,340,000, which funds will be derived from serial bonds.”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Attorney’s Office - Request for Additional Funding for Special Counsel -
Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, in May 2010, Common Council allocated an additional amount to the 2010
budget for the City Attorney’s office, namely $35,000, for Contractual Services, to
address the unanticipated need to retain special counsel to represent the City in certain
labor and employment law matters, due to the departure, in January 2010, of the
Assistant City Attorney who handled such matters; and
WHEREAS, the process of filling the vacant Assistant City Attorney position has taken
at least a month longer than anticipated, and the cost of special counsel to handle the
afore-mentioned labor and employment cases is expected to be approximately $25,000
more than was projected as of May; and
WHEREAS, in late May 2010, a lawsuit against the City (alleging discrimination in
employment and seeking $17 million in damages) was commenced in federal court,
regarding which the City’s insurance carrier has, to date and unexpectedly, refused to
provide a defense or coverage for liability; and
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August 4, 2010
WHEREAS, as a result, the City has retained special counsel to provide such a
defense, pending resolution of the dispute with the carrier as to coverage; and
WHEREAS, the cost of such defense is anticipated to be at least $40,000 for 2010; now
therefore be it
RESOLVED, That Common Council hereby approves an additional allocation not to
exceed $50,000 for contractual services in the Law Department budget for 2010
(Account A1420-5435), and directs that said amount be transferred from Accounts
A1930-5000 Judgments, not to exceed $18,000 and Account A1910-5000 Undistributed
Insurance not to exceed $32,000.
City Attorney Hoffman explained that the determination of the insurance carrier was not
based on the merits of the case. He further explained the deductible costs and 2010
budget cuts to the City Attorney’s contractual line.
A vote on the Resolution resulted as follows:
Carried Unanimously
Finance/Controller’s Office - Authorization to Enter into an Agreement with the
Greater Tompkins County Municipal Health Insurance Consortium - Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
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, 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 the City of Ithaca
supports, and
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
WHEREAS, Council gave authorization for approval of the inter-municipal agreement at
its meeting on April 7, 2010, but due to delays in the approval of the consortium, the
agreement was never signed, and
WHEREAS, some recent minor changes were necessary to the inter-municipal
agreement to satisfy the New York State Insurance Department, and
WHEREAS, TCCOG encourages the signing of the revised inter-municipal agreement
by TCCOG members; now, therefore be it
RESOLVED, That subject to the advice of the City Attorney, Common Council hereby
authorizes the Mayor to execute the inter-municipal agreement effective October 1,
2010 with the Greater Tompkins County Health Insurance Consortium for the New York
State Shared Municipal Services Program.
Mayor Peterson clarified that corrections still need to be made to the agreement to
reflect what the consortium approved before she will feel comfortable enough to sign it.
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August 4, 2010
A vote on the Resolution resulted as follows:
Carried Unanimously
Finance/Controller’s Office - Authorization to Contribute to the Reserves of the
Greater Tompkins County Municipal Health Insurance Consortium - Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
WHEREAS, the City of Ithaca shall join the Greater Tompkins County Municipal Health
Insurance Consortium for the purpose of providing employee health insurance and
prescription drug coverage, and
WHEREAS, the Consortium, as required by the New York State Insurance Department,
must establish sufficient financial reserves to begin working as a consortium, now,
therefore be it
RESOLVED, That the City of Ithaca shall contribute the amounts listed below as
Estimated Initial Capitalization funds (rounding in table will be corrected)
and be it further
RESOLVED, That the City Controller is authorized to make payment immediately to the
Consortium.
Carried Unanimously
Controller’s Report
Deputy City Controller Andrew reported to Common Council on the following items:
• 2011 budget preparation is underway, departmental budgets were due on 8/2/10
• Capital Project review has been ongoing with most of 2011 recommendations
complete
• Budget concerns remain due to the difficult economy, increasing expenses in
labor, pensions, health insurance, and leveling and/or decreasing revenue
sources from building permits, sales tax, and taxable assessments.
• The Board of Public Works has been discussing parking revenue rate
adjustments, and the Controller’s Office is working through possible changes.
There is still a predicted $200,000 shortfall in parking revenue for 2010.
2010 Premium
Percent of
Total
Premium
Estimated
Initial
Capitalization
Total
Reserves
Reserves
Due
County13,351,31254.55%500,000667,566167,566
City of Ithaca8,558,87434.97%300,000427,944127,944
Town of Ithaca888,0823.63%137,03344,404-92,629
Town of Caroline122,6330.50%37,0006,132-30,868
Town of Danby81,1610.33%62,0004,058-57,942
Town of Dryden459,2331.88%137,03222,962-114,070
Town of Enfield50,4000.21%2,5202,5200
Town of Groton126,0950.52%6,3056,3050
Town of Ulysses113,1750.46%5,6595,6590
Village of Cayuga Heights360,7991.47%18,04018,0400
Village of Dryden121,3490.50%6,0676,0670
Village of Groton150,9000.62%7,5457,5450
Village of Trumansburg90,696 0.37%4,535 4,535 0
24,474,709100.00%1,223,7361,223,7350
12
August 4, 2010
• Discussions are ongoing with union representatives on the Health Consortium.
The State has agreed to reduce the amount of reserve revenues needed. An
October 1, 2010 effective date might be possible.
Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations -
Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
RESOLVED, That Common Council enter into Executive Session to discuss labor
negotiations.
Carried Unanimously
Reconvene:
By Alderperson Coles: Seconded by Alderperson Mohlenhoff
RESOLVED, That Common Council reconvene into Regular Session with no formal
action taken.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
An Ordinance to Amend The City Of Ithaca Municipal Code, Chapter 325, Entitled
“Zoning,” To Correct Inconsistencies Within the Zoning Ordinance Pertaining to
Rear-Yard Setbacks.
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, Chapter 325 of the Municipal Code of the City of Ithaca (“Zoning”) contains
certain internal inconsistencies regarding the required rear-yard setback in certain
districts (e.g., as to whether such minimum setback is 20 feet or 10 feet); and
WHEREAS, a reference in Chapter 325 (and in the “District Regulations Chart”) to a
requirement of the New York State Uniform Fire and Prevention Code (regarding the
minimum rear-yard setback for multiple dwellings) is no longer accurate; now therefore
ORDINANCE NO. 10-__
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca (entitled “Zoning”) be and
hereby is hereby amended as follows:
Section 1.
Chapter 325, Subsection 325-18.C, of the Municipal Code of the City of Ithaca (entitled
“Reductions in Rear Yards”) is hereby deleted in its entirety, and the subsequent
subsection is hereby re-lettered accordingly.
Section 2.
Chapter 325, Section 325-8 (entitled “General Notes Pertaining to Regulations”),
Subsection B(7), of the Municipal Code of the City of Ithaca is hereby deleted in its
entirety, and the subsequent subsections are hereby re-numbered accordingly.
Section 3.
In the “District Regulations Chart” referred to and incorporated into Chapter 325,
Subsection 325-8.A, of the Municipal Code of the City of Ithaca, in the “General Notes”
thereon, item numbered “8” (pertaining to possible, additional setback or other
requirements imposed by the New York State Uniform Fire and Prevention Code) is
hereby deleted in its entirety, and the subsequent notes are re-numbered accordingly.
Section 4.
The “District Regulations Chart” is hereby further amended as follows:
(a) In Column “14/15” of the Chart (re: rear yard dimensions), the existing column
entries for the R-1, R-2, R-3, R-U, C-SU and MH-1 districts shall be supplemented with
the words: “(but not less than 20 feet)”.
(b) In Column “14/15” of the Chart, the existing column entries for the B-1, B-2a, B-2c,
B-2d, B-4, B-5, I-1, M-1 and SW districts shall be supplemented with the words: “(but
not less than 10 feet)”.
13
August 4, 2010
Section 5.
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
Declaration of Continued Emergency and Authorization of New and Improved
Temporary Fences on Gorge Bridges - Resolution
By Alderperson Dotson: Seconded by Alderperson McCollister
WHEREAS, the high bridges across Ithaca’s gorges have provided spectacular and
inspiring views of the City and its environs, and a unique and important window for
residents and visitors into the natural beauty of the gorges and the area’s geologic
history; and
WHEREAS, these same bridges (across Fall Creek and Cascadilla Creek) are located
adjacent to, within or between areas of the Cornell University campus, providing the
most heavily used means of accessing the central campus, by vehicles and/or
pedestrians; and
WHEREAS, three of the bridges in question are owned and maintained by the City of
Ithaca, and five are owned and maintained by Cornell University; and
WHEREAS, these same, eight bridges have also been the sites, over the years, of
deaths and injuries, both as a result of accidental falls and intentional leaps, with
approximately one-half of the suicidal jumps involving college students; and
WHEREAS, in the past 20 years, there have been 29 jumps or falls from these bridges,
with 27 being fatal and the other two resulting in serious injury; more than half of these
were from City-owned bridges, and the vast majority of these incidents were deemed to
be suicidal; and
WHEREAS, in early 2010, within a one-month period, three known or probable suicides
occurred from two of these high bridges, the last two within two days of each other in
March; and
WHEREAS, Cornell officials, in emergency consultation – immediately after these three
incidents - with professionals who study suicide and/or work on its prevention,
concluded that the incidents likely represented a “suicide cluster” and were both the
result of and the continuing cause of a “suicide contagion,” and further that Ithaca’s and
Cornell’s high bridges likely represented “iconic” suicide sites known to attract
vulnerable people, especially vulnerable young people, potentially resulting in further
impulsive suicide attempts, in succession, after publicity about previous suicides from
the same iconic site, and, further, that swift emergency action should be taken to place
physical deterrents to impulsive suicide attempts, in the form of barriers on the high
bridges; and
WHEREAS, in March 2010, Cornell closed or erected temporary, emergency, chain-link
fences on its own bridges across the Fall Creek and Cascadilla Creek gorges, without
going through the City’s normal environmental review and site plan permitting procedure
(as such steps would have resulted in a delay Cornell officials believed would have
created an unacceptable risk of still more loss of life); and
WHEREAS, in March 2010, Cornell officials met with City of Ithaca Mayor Carolyn
Peterson, as the result of which Cornell Vice President Kyu-Jung Whang sent a letter to
City of Ithaca Mayor Carolyn Peterson on March 26, 2010 explaining the need for the
University’s actions and requesting that the City allow Cornell to place similar
emergency fences on the three City-owned bridges in question; and
14
August 4, 2010
WHEREAS, the placement of a fence or other barrier on a bridge is an action normally
subject to the City’s site plan review and other permitting procedures, as well as
environmental review (per City and State law), and is exempt from such review only if it
is temporary (of short duration and reversible) and of an emergency nature; and
WHEREAS, on March 26, 2010, the Mayor exercised her authority under Section 4-1 of
the City’s Municipal Code, and declared that the string of recent, apparent suicides and
the accompanying risk of a suicide contagion that could lead to further harm constituted
an emergency “affecting the life, health or safety of inhabitants of the City,” and that for
that reason she was granting permission to Cornell to install temporary fences on the
three City bridges (at Cornell’s sole cost), without the normal review and permitting
process, but only until June 4, 2010; and
WHEREAS, during April 2010, Cornell contacted three experts in the field of studying
suicide and its prevention: Annette L. Beautrais, Ph.D., Senior Research Scientist,
Department of Emergency Medicine, Yale University School of Medicine; Madelyn S.
Gould, Ph.D., M.P.H. Professor, Psychiatry and Public Health (Epidemiology), Columbia
University; and Eric D. Caine, M.D. Professor and Chair, Department of Psychiatry,
University of Rochester Medical Center, and further Cornell asked them to study and
visit the Cornell campus and City of Ithaca, to consult with leaders at the university and
in the City, to provide information and opinion about current research and best
practices, to assess the risks and challenges faced in the City of Ithaca both on and off
campus, and to make recommendations on how the university and the City of Ithaca
could address these challenges; and
WHEREAS, during early May 2010, these three experts spent several days in Ithaca,
during which time, among other activities, they met with the Mayor and other leaders in
City government at City Hall, and held a public forum to which a large number of City
and Cornell officials and leaders were invited, for the purpose of sharing their
perspectives about suicide and suicide prevention, as well as receiving and answering
questions from the audience; and
WHEREAS, in mid-May 2010, Cornell officials advised the Mayor and other City officials
of the experts’ oral conclusions and recommendations, which included the strong
recommendation that temporary fences on the City-owned and Cornell-owned bridges
should remain in place while permanent, more suitable and aesthetically-acceptable
means restrictions that could be placed on or under the bridges were explored,
designed, and reviewed through the normal process of site plan, environmental, and
other review and approval procedures; and
WHEREAS, Cornell has acknowledged that the temporary chain link barriers on the
bridges (which Cornell believes needed to be installed within a matter of days, using
readily-available materials, to address the risk of further suicides) and their associated
top armature sections are not attractive and do not take into account the aesthetic value
of the bridges or the desirability of preserving important views from the bridges; and
WHEREAS, Cornell proposed, in a letter dated May 27, 2010 from Vice-President
Susan Murphy to the Mayor, that the chain-link fences on the City bridges should be
permitted to remain for 10 more weeks after they had previously been scheduled to be
removed (on June 4, 2010), during which period Cornell and City representatives could
work closely together in order to (briefly summarized):
a. gain more knowledge about means restriction on bridges as a way of
addressing suicides or the suicide contagion phenomenon in a community like Ithaca,
b. consider how the important viewing and other aesthetic amenities of the high
bridges could be preserved in conjunction with a means restriction approach,
c. review designs for more visually acceptable temporary, emergency fence
materials,
15
August 4, 2010
d. consider a mutually agreeable timetable for the more visually acceptable,
temporary, emergency fence material to remain on the bridges, while permanent means
restriction approaches and potential solutions were discussed, designed, and reviewed
through the normal process of site plan, environmental, and other review and approval
procedures; and
WHEREAS, on June 2, 2010, the Common Council adopted a resolution entitled
“Common Council Declaration of Emergency and Authorization of 10-week Extension
for Existing, Temporary Fences on Gorge Bridges”; and
WHEREAS, since June 2, 2010, representatives of the City, including elected and
appointed officials and senior-level staff have met frequently with representatives of
Cornell, have exchanged information including: (a) the three consultants’ “Basic Report”
when it became available in mid-June, (b) the three consultants’ “Extended Report”
when it became available in early July, (c) data on suicidal jumps and accidental deaths
from the gorge bridges, (d) bridge by bridge analyses of the views and other amenities
from bridges and how they might be preserved in conjunction with both temporary and
permanent means restriction approaches, features of their railings and whether they
contribute to or deter potential jumps or accidental falls, (e) descriptions of Cornell’s on-
going mental health and safety counseling and other programming for students, (f)
samples of temporary fence material that could be installed in place of chain link
material, including installation features and modifications to it that would preserve some
viewing opportunities and other aesthetic qualities of the bridges while temporarily on
bridges; and
WHEREAS, on July 14, 2010, the Common Council and the City’s Board of Public
Works conducted a special, joint meeting to which members of other City boards and
committees as well as the public were invited, and at which representatives of the City
and Cornell explained the work they had been doing, summarized the information they
had exchanged, explained Cornell’s rationale for and request that temporary emergency
fencing remain on the bridges - but in a more aesthetic form, and at which questions
and comments from other City officials and from the general public were entertained by
representatives of the City and Cornell; and
WHEREAS, the temporary fence material proposed by Cornell to be installed (at
Cornell’s sole cost) in place of the existing chain link fence material is less reflective,
does not have armature at the top, has viewing “portholes” at various heights and
intervals to allow viewing and picture taking without wire, is lower in height than the
chain link fence it would replace, and overall has a lighter weight appearance and a
more architectural look than the industrial, heavy look of the chain link fence, and such
characteristics mitigate to the extent practicable (given the temporary nature and
purpose) the effects of fencing on the important views previously available from the
gorge bridges, and makes the proposed fencing less apparent when the bridges are
viewed from the gorges and from other areas near the bridges, and further the
temporary fence material can be installed and subsequently removed without alteration
or damage to the existing bridges; and
WHEREAS, there appears to be sufficient expert evidence and opinion about the
possibility of an ongoing “suicide contagion” in the City of Ithaca, and about the lingering
effect of recent media attention and resultant notoriety of the high bridges in Ithaca
making them potentially “iconic” suicide sites, which could increase the risk of suicide
attempts from them, to constitute a continuing emergency affecting the life, health or
safety of the inhabitants of the City of Ithaca; and
WHEREAS, Cornell indicates that it remains committed to exploring (and, ultimately,
proposing, for full review and public comment), during the extended emergency period
provided for herein and in close collaboration with City representatives, creative, long-
term means restrictions (including at least one sub-structure pre-schematic design per
bridge) for each of the bridges in question intended to deter impulsive jumps (and/or
16
August 4, 2010
their injurious results) while also preserving to the greatest extent practicable the
aesthetic attributes of the bridges and the important views available from and of them;
now, therefore, be it
RESOLVED, That the Common Council hereby declares that a threat to the safety or
life of certain City residents and visitors appears to continue to exist in the form of a
possible suicide contagion focused on the use of the high bridges across Ithaca’s
gorges to end one’s life in a public manner from an iconic site, which risk justifies
temporary continuation of the afore-mentioned emergency actions (not contingent upon
the normal review and permitting procedures) to deter impulsive jumps from such
bridges; and, be it further
RESOLVED, That, subject to the conditions set forth below and execution of the
Memorandum of Understanding referenced below, the Common Council hereby
authorizes Cornell University to continue to maintain temporary fences on the two City-
owned bridges on Stewart Avenue (across Cascadilla Creek and Fall Creek) and the
City-owned bridge on Thurston Avenue, and on the afore-mentioned Cornell-owned
bridges, provided that by no later than August 20, 2010, Cornell, at its sole cost, shall
replace the existing chain link material of each of the fences with the Designmaster 6-
gauge wire, vinyl-coated black rectangular panel fence material described at the July
14, 2010 public meeting (or with a substantial equivalent to that manufactured by
Designmaster, from a different manufacturer), which new material shall provide for a
variety of viewing portals on each bridge, as described and presented at the July 14th
meeting; and, be it further
RESOLVED, That the Common Council hereby requires as a condition of this
authorization that Cornell University agree in writing to remove the improved, temporary,
emergency fences from the various bridges in question - or any one or some of them,
as the case may be - (at Cornell’s sole expense) upon the earliest occurrence of the
following:
(1) upon the timely replacement of the fences (or any of them) by a permanent
means restriction project, as duly reviewed, permitted, and approved by the City,
including all requisite environmental review and site plan approval and any other
required consent (with the City and its boards to act in a timely, good faith manner with
respect to such reviews, approval consent or disapproval); or
(2) by May 31, 2011, if, for any particular bridge, no bona fide, good faith
application for site plan review and Full Environmental Assessment Form (Part 1) for a
proposed permanent means restriction project have been submitted by Cornell
University by that date; or
(3) within thirty (30) days of notice to do so from the City, if, following the timely
submission (i.e., by May 31, 2011) of a bona fide, good faith application for site plan
review and Full Environmental Assessment Form (Part 1) for the permanent means
restriction project, Cornell has abandoned or failed to pursue in good faith and a
reasonable, timely manner the process for the review and consideration of said site plan
and any other, required approvals, for any particular bridge (or some or all of them); or
(4) within thirty (30) days after any disapproval of a site plan review application
for the permanent means restriction project (or for any individual bridge therein), or after
written notice from the Mayor to Cornell of a decision by the City not to consent to the
installation of such project on some or all of the City-owned bridges; and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to enter into a Memorandum of Understanding with Cornell containing such terms and
conditions as she shall deem reasonably necessary and appropriate to protect the
interests of the City and to ensure that the intent of this resolution is carried out.
Alderperson McCollister stated that she remains skeptical that Ithaca is an “iconic
suicide site” but will support the resolution because of the very hard work the group has
put into it.
17
August 4, 2010
Alderperson Mohlenhoff reminded everyone that this request is for time, and that
Council is not voting on a final product at this point.
A vote on the Resolution resulted as follows:
Carried Unanimously
REPORT OF SPECIAL COMMITTEES:
Reports from Working Groups on Capital Planning, Charter and Code Issues,
Performance Measures, and Parking Issues, Charter/Code Working Group Update:
Alderperson Cogan provided the following update to Council:
The Charter/Code Working Group has been meeting twice a month for an hour each
meeting. The focus has primarily been on two topics:
1. Recommending changes to the Acting Mayor / Alternate Acting Mayor section of
the charter in time for it to be submitted to the Board of Elections for the November
election. This proposed local law will be submitted for the City Administration Committee
meeting in August.
2. A concept memo outlining changes to the charter to simplify the personnel-
related language of the charter will be prepared. This memo will describe the overall
direction and will be submitted for the City Administration Committee meeting in either
August or September. Once this memo is approved, the working group will work on the
actual language to implement the changes. The detailed language recommendations
will also go to City Administration.
In addition, the working group recommended the formation of a separate working group
to focus on public works related issues. That working group was formed and began
meeting.
Alderperson Clairborne questioned what the purpose of the public works sub-group
was. Alderperson Cogan responded that the group plans to survey other cities in New
York State to determine how they handle public works. The group also will review the
history of the Board of Public Works and identify where the authority of the BPW and
Common Council overlap.
Department Performance Measures Committee:
Alderperson Mohlenhoff reported to Council that the committee is continuing work on
regional and national benchmarking for other cities that have implemented performance
management systems, and developing talking points that will “build the case” for
performance management for city departments and community members. The
committee is looking to set overarching themed goals for the city that all eventual
performance measures will be guided by – some examples of other city goals are: a
healthy, livable, and sustainable City, a safe and prepared community, accountable,
responsive city government, an active, involved community, a fiscally responsible and
financially stable city. The group will also meet with County Administrator Mareane to
hear an overview of their implementation of a county wide departmental performance
program.
Capital Planning Ad-Hoc Committee:
Alderperson Rosario reported that the committee is developing a long range planning
process that allows for more Common Council input for informed decision making
through the budget process. Some of the work includes a capital assets policy with long
term goals, inventory, and multi-year capital plan. The committee has established a
new form for departmental capital requests that includes a five year capital outlook.
There is a Committee of the Whole meeting regarding capital projects scheduled for
August 17th before budget sessions begin.
18
August 4, 2010
Parking Ad-Hoc Committee:
Alderperson Dotson reported that the committee is developing a shared vision /parking
policy/goals related to a transportation policy. They are ready to add a checklist with
criteria and are exploring parking authorities best practices of management of parking.
NEW BUSINESS:
Authorization to Enter into a Boundary Line Agreement Regarding Property on
Floral Avenue - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the City Attorney’s office recently became aware that, due to what appears
to have been a surveyor’s error, made over 20 years ago, land that may have been
owned by the City at that time was purchased by and conveyed to a private buyer (by
another private party, other than the City) in 1989, which buyer has since constructed a
home that is partially on what may have been City-owned land at the time of such
conveyance; and
WHEREAS, there is no indication that the buyer (who, with his spouse, is also the
current owner) was aware of or had any part in any such error; and
WHEREAS, since 1989, the boundaries of the property in question that appear on the
survey and in the warranty deed for that conveyance have been relied upon and were
never questioned by the Tompkins County Assessment Department, various lenders,
the City Building Department (which issued a building permit for the house built there),
or the City Planning Board (which granted approval for the subdivision of the property,
in 1992); and
WHEREAS, the current owners have paid property taxes on the land in question
(approximately one-third of an acre), to the City, the County and the Ithaca City School
District, since 1989 (which taxes on that acreage amounted to approximately $725 in
the most recent tax year, in total, of which the City portion was approximately $256);
and
WHEREAS, if the current taxes paid on the land in question are multiplied by the years
since private acquisition, the total (i.e., at the 2010 rates and in 2010 dollars) would be
$5,376 for City taxes and $15,246 for all local taxes; and
WHEREAS, the current owners were in the process of selling the parcel in question
when this problem was discovered (by the sellers’ surveyor), which sale could be
jeopardized if the problem cannot be resolved expeditiously (which would also
significantly affect the buyers, who have already sold their home in anticipation of this
closing); and
WHEREAS, the current owners paid $45,000, in an arms-length transaction, for a
vacant, 2.64-acre parcel, in 1989, and the land in question (i.e., the land which may
have been owned by the City at that time) represented approximately $5,550 of this
market value; and
WHEREAS, the land in question currently has an assessed value (land only) of
approximately $20,790, which value appears to have been enhanced (since 1989) as a
result of the vision of and the improvements made by the current owners, which
revealed its potential as highly-desirable residential land; and
WHEREAS, the Superintendent of Public Works has indicated that he sees no public
works need for the land in question (which is located between Floral Avenue and the
Flood Control Channel, and which has not been used by the City since at least 1989, if
ever); and
19
August 4, 2010
WHEREAS, since it appears that neither party is in possession of clear title to the land
in question, in the absence of a mutually-acceptable resolution the matter would require
extensive research and possibly litigation, with the accompanying investment of time
and resources by each party; now therefore be it
RESOLVED, That the Common Council wishes to settle this matter in an expeditious
and fair manner, without incurring significant costs or requiring extensive City staff time;
and be it further
RESOLVED, That, since the owners have paid taxes on the land in question for 21
years, which could reasonably be seen as the equivalent of “rent” due (if the City was in
fact the rightful owner) and/or as “interest” or foregone earnings on purchase money not
paid to the City, the amount claimed to be “owed” to the City at this point could
reasonably be seen as the 1989 value (i.e., approximately $5,550), minus some amount
reflecting the lack of certainty as to any claim of City ownership, the avoidance of a
protracted legal dispute and the fact that the current owners were not to blame for any
error made by the former owner’s surveyor; and be it further
RESOLVED, That the Council hereby finds, in light of all the circumstances, that a fair
and equitable resolution of this matter would be for the parties to enter into a boundary
line agreement that fixes the northerly boundary of the parcel in question (City Tax
Parcel No. 97-2-1) as the boundary shown as “line to be agreed upon” on a survey map
of 361 Floral Avenue, prepared by T. G. Miller, P.C., and dated 7/9/2010, in exchange
for the sum of $_________ to be paid to the City by the current owners at the time the
agreement is signed, together with a mutual release from liability or claims regarding the
land in question; and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to enter into a boundary line agreement as described above, to accept the consideration
associated therewith, and to execute any other documents required to implement the
intention of this resolution.
Motion to Enter Into Executive Session to Discuss the Possible Conveyance of
Property Rights – Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
RESOLVED, That Common Council enter into Executive Session to discuss the
possible conveyance of property rights.
Carried Unanimously
Alderperson McCollister recused herself from the Executive Session and consideration
of the Resolution as her professional relationship with the property owners could be
considered as a conflict of interest.
Reconvene:
Common Council reconvened into regular session with no formal action taken.
Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That the third Resolved clause be amended to read as follows:
“RESOLVED, That the Council hereby finds, in light of all the circumstances, that a fair
and equitable resolution of this matter would be for the parties to enter into a boundary
line agreement that fixes the northerly boundary of the parcel in question (City Tax
Parcel No. 97-2-1) as the boundary shown as “line to be agreed upon” on a survey map
of 361 Floral Avenue, prepared by T. G. Miller, P.C., and dated 7/9/2010, in exchange
for the sum of $2,500.00 to be paid to the City by the current owners at the time the
agreement is signed, together with a mutual release from liability or claims regarding the
land in question; and be it further”
20
August 4, 2010
Ayes (8) Coles, Dotson, Clairborne, Rosario, Zumoff, Rooker, Cogan
Nays (1) Myrick
Recusals (1) McCollister
Carried (8-1-1)
Alderperson Myrick noted for the record that he voted against the amendment because
he wished the amount was lower than $2,500.00
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Rosario, Zumoff, Rooker, Cogan
Nays (1) Myrick
Recusals (1) McCollister
Carried (8-1-1)
Authorization of the Retention of Outside Counsel to Acquire Certain Easements
for Public Purposes - Resolution
By Alderperson Dotson: Seconded by Alderperson Zumoff
WHEREAS, the City seeks to acquire certain easements across the property of others,
for the following public purposes: (i) temporary and permanent easements for the
construction and maintenance of a portion of a new water main (requiring an easement
approximately 100 feet in length, with a width of 50 feet for construction and 20 feet
thereafter), and (ii) a permanent easement for a portion of a detour route to be used as
needed in connection with the Cayuga Waterfront Trail, Phase II (requiring an easement
approximately 300 feet in length and 16 feet wide), and
WHEREAS, pursuant to § C-13 of the City Charter, the City Attorney has certified to
Common Council that there is need for the assistance of additional counsel in
connection with the acquisition of such easements, and
WHEREAS, in compliance with the City of Ithaca’s Purchasing Policy, the City Attorney
contacted five law offices known to have certain expertise in the field of municipal
property acquisition and invited them to submit proposals for this work, and
WHEREAS, three responses were received, which were reviewed by the Mayor and the
City Attorney, and
WHEREAS, Harris Beach, PLLC has the requisite expertise and has agreed to assist
the City in this matter; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, that the Mayor is hereby
authorized, pursuant to § C-13 of the City Charter, to retain Harris Beach, PLLC as
additional counsel to assist the City Attorney and to appear for the City in connection
with any necessary negotiations, hearings or proceedings as may be required to acquire
the following easements for the following public purposes: (i) temporary and permanent
easements for the construction and maintenance of a portion of a new water main
(requiring an easement approximately 100 feet in length, with a width of 50 feet for
construction and 20 feet thereafter), and (ii) a permanent easement for a portion of a
detour route to be used as needed in connection with the Cayuga Waterfront Trail,
Phase II (requiring an easement approximately 300 feet in length and 16 feet wide); and
be it further
RESOLVED, That the compensation to be paid to Harris Beach, PLLC, is hereby fixed
in an amount not to exceed $15,000, absent further authorization by the Common
Council, which amount shall be allocated from Water and Sewer Capital Project
Account No. 611 and/or Water and Sewer Capital Project Account No. 613.
Carried Unanimously
21
August 4, 2010
MAYOR’S APPOINTMENTS:
Appointments to Ithaca Housing Authority Board – Resolution
By Alderperson Clairborne: Seconded by Alderperson Dotson
RESOLVED, That Arthur Williams be appointed to the Ithaca Housing Authority Board
to replace Donald Byrd with a term to expire October 17, 2012, and be it further
RESOLVED, That Christopher Malcolm be appointed to the Ithaca Housing Authority
Board to replace Joan Serra with a term to expire October 17, 2013.
Carried Unanimously
Appointment to Board of Public Works – Resolution
By Alderperson Zumoff: Seconded by Alderperson Cogan
RESOLVED, That David Warden be appointed to the Board of Public Works to fill a
vacancy with a term to expire December 31, 2011.
Carried Unanimously
REPORT OF CITY CLERK:
City Clerk Holcomb read into the record the following memo from Alderperson Cogan:
“To: Common Council
From: Daniel Cogan
Date: July 15, 2010
Re: Award of design contract to Taitem Engineering
On July 14, 2010, the Board of Public Works awarded a contract for professional
services to Taitem Engineering for design of three solar thermal domestic hot water
heater systems for city facilities. Because I am employed by Taitem Engineering, the
award was made contingent upon my disclosing this possible conflict of interest to the
governing body of the city and to explain why such conflict is “cured” under General
Municipal Law.
General Municipal Law (GML) §801 provides that
Except as provided in section eight hundred two of this chapter, (1) no municipal officer
or employee shall have an interest in any contract with the municipality of which he is an
officer or employee, when such officer or employee, individually or as a member of a
board, has the power or duty to (a) negotiate, prepare, authorize or approve the contract
or authorize or approve payment there under… (b) audit bills of claims under the
contract, or (c) appoint an officer or employee who has any of the powers or duties set
forth above… The provisions of this section shall in no event be construed to preclude
the payment of lawful compensation and necessary expenses of any municipal officer or
employee in one or more positions of public employment, the holding of which is not
prohibited by law.
While a contract for design services is being awarded to the company at which I am
employed, I have no interest in any such contract, financial or otherwise. The services
will be provided by the Design Department at Taitem Engineering. I am the manager of
an entirely separate department and do not participate in design work. Further, my
compensation is not affected, positively or negatively, by the award of any contracts.
It is also worth noting that the president of my company has a policy of insulating me
from any contract discussions with the City of Ithaca. I did not learn of this contract until
Chris Tilger from the Engineering Department asked me to write this memo. I have not
been involved in negotiating, preparing, authorizing or approving the contract. Neither
will I be involved in auditing bills or claims under the contract.
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August 4, 2010
I have been advised by the Attorney’s Office that, because Common Council must
approve mayoral appointments to the Board of Public Works, it could be construed that I
do have the power to “appoint an officer or employee who has any of the powers or
duties set forth above.” I think it is clear, however, that Common Council’s approval of
mayoral appointments is rather pro forma, and I have not been involved in the selection
or vetting of any of the mayoral appointments to the Board of Public Works.
Even if an actual conflict of interest technically exists, there is an applicable statutory
exemption that “cures” the conflict. GML §802 states that,
The provisions of section eight hundred one of this chapter shall not apply to (b) A
contract with a person, firm or corporation or association in which a municipal officer or
employee has an interest which is prohibited solely by reason of employment as an
officer or employee thereof, if the remuneration of such employment will not be directly
affected as a result of such contract and the duties of such employment do not directly
involve the procurement, preparation or performance of any part of such contract.
Given that, as stated above, my remuneration at Taitem Engineering is not directly
affected by the contract, that I have been insulated from the proposal and bidding
process, and that I have not and will not have any direct involvement with the work
involved in this contract, the exemption in GML 802 “cures” any conflict of interest.
According to Assistant City Attorney Khandikile Sokoni,
This interpretation is confirmed by an Advisory Opinion of the New York State
Comptroller which held that a Town Board member’s interest in town purchases from an
auto parts store based on his status as an employee of that store was not a prohibited
conflict of interest where the Board member’s duties as an employee of the store did not
include the procurement, preparation, or performance of any of the town orders from the
store. In addition, the State Comptroller’s opinion pointed out that he was paid a fixed
salary and did not receive additional compensation (i.e. a bonus) related to sales to the
town. The opinion did point out, however, that such interest had to be disclosed in
accordance with the General Municipal Law. [Op. State Compt. 2006-11].
Lastly, GML §803(1) requires that
Any municipal officer…who has, will have, or later acquires an interest in or whose
spouse has, will have, or later acquires an interest in any actual or proposed contract,
purchase agreement, lease agreement or other agreement, including oral agreements,
with the municipality of which he or she is an officer… shall publicly disclose the nature
and extent of such interest in writing… to the governing body thereof… Such written
disclosure shall be made part of and set forth in the official record of the proceedings of
such body.
Accordingly, I am disclosing this conflict of interest, in writing, to Common Council, and
requesting that such disclosure be reflected in the minutes of Common Council. “
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported to Common Council on the following items:
• The City has been sued in small claims court because of a tire blow out on
Elmira Road ($177.44)
• The Johnson Boatyard issue is under discussion. The issue is complicated as it
may include a question of parkland designation.
Motion to Enter Into Executive Session to Discuss Litigation – Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
RESOLVED, That Common Council Enter Into Executive Session to Discuss Litigation.
Carried Unanimously
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August 4, 2010
Reconvene:
Common Council reconvened into regular session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the July 7, 2010 Regular Common Council Meeting Minutes -
Resolution
By Alderperson Zumoff: Seconded by Alderperson McCollister
RESOLVED, That the minutes of the July 7, 2010 Regular Common Council Meeting be
approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor