HomeMy WebLinkAboutMN-CC-2015-02-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. February 4, 2015
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Director of Engineering - West
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor’s Appointments:
Mayor Myrick requested the addition of the appointment of Jonathan Greene to the
Board of Public Works.
No Council member objected
SPECIAL ORDER OF BUSINESS:
4.1 The J. Diann Sams Annual African-American History Month Recognition
Honoring Ithaca Police Lt. Marlon T. Byrd (ret.) – Resolution
By Alderperson Clairborne: Seconded by Alderperson Brock
WHEREAS, since 2004 the City of Ithaca Common Council has recognized an
individual in our community of great esteem and stellar leadership during African-
American History Month and, in so doing, established a tradition of honoring
outstanding leadership, courage against unspeakable odds, and an unwavering
commitment to community that is in keeping with the vision of Dr. Carter G. Woodson,
founder of Black/African-American History Month; and
WHEREAS, the late Alderperson J. Diann Sams was a civil rights leader, long-time
public servant, and the first African-American woman who also was disabled to serve on
Common Council; and
WHEREAS, Common Council first bestowed this honor in 2004 on Alderperson Sams
following her retirement from serving on Council; and
WHEREAS, this annual recognition was renamed in 2007 in honor of Alderperson
Sams, after her passing, for her tireless efforts on behalf of African Americans and
underrepresented populations in and around Ithaca; and
WHEREAS, subsequent years have seen the Common Council award the following
outstanding leaders with said recognition:
- 2005, Dr. James E. Turner, world-renowned scholar and founding director of the
Africana Studies and Research Center at Cornell University;
- 2006, Mr. Calemeze (Cal) D. Walker, community advocate and visionary leader with
the Village at Ithaca;
- 2007, Mrs. Frances Eastman, first woman of color supervisor of medical records at the
former Tompkins County Hospital and past Tompkins County “Senior Citizen of the
Year” recipient;
- 2008, Ms. Lucy J. Brown, a dedicated citizen with an unwavering commitment to social
justice and promoting local civic collaboration and participation;
- 2009, Ms. Marcia J. Fort, longtime director of the Greater Ithaca Activities Center
(GIAC), so honored for her steadfast advocacy for the voiceless and oppressed of our
community and elsewhere;
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- 2010, Mr. and Mrs. Abraham A. and Denise C. Dendtler Lee, long-time career
educators in the Ithaca City School District who lend their time, talent, and personal
resources to create or further local achievement for area children;
- 2011, Mr. Karl A. Graham, longtime community and youth-education advocate whose
work pushes for access and social improvement for all local residents;
- 2012, Mr. Kenneth E. Glover, an ardent supporter of Town-Gown relations to achieve
success through education, employment, and community involvement for area youth
and young adults;
- 2013, Mr. William (J.R.) B. Clairborne, Jr., and Mrs. Leslyn E. McBean-Clairborne,
elected officials whose public service advocates for social and economic justice through
inclusion, fairness, and accessibility to government services for, and sensitivity to, those
in need;
- 2014, Elder Ronald Benson of the Ithaca’s Baptized Church of Jesus Christ, whose
longtime civic involvement and ministry in the pulpit, prisons, and television has
exemplified leadership through faith; and
WHEREAS, Dr. Woodson’s lifelong devotion to educating African Americans about their
own culture and history as part of U.S. history led to the modern-day, month-long
observance of Black, or African-American, History Month, which highlights the positive
impact people such as this award’s recipients have had on society; and
WHEREAS, such an individual who has made an indelible stamp upon Ithaca history
and is so revered that he is worthy of community support is recently retired Ithaca Police
Lt. Marlon T. Byrd, whose long history of building rapport with large segments of the
Ithaca and Tompkins County communities, despite heavy scrutiny, has established a
proven track record of progressive community-oriented policing with an emphasis on
education, program development and partnership; and
WHEREAS, Lt. Byrd’s ascension in rank includes being among the department’s first
community police officers, it’s first school resource officer at Ithaca High School, the first
Black investigator, and second Black lieutenant; and
WHEREAS, Lt. Byrd rose through the ranks of the City’s police force encouraging a
philosophy of community policing as a daily practice; and
WHEREAS, Lt. Byrd counts among his accomplishments a commendation for helping
solve a murder investigation, leading the multi-agency Critical Incident Negotiations
Team, becoming a graduate of the Federal Bureau of Investigations (FBI) National
Academy, and being tapped twice to appear on CNN newscasts to provide commentary
on community and police relations; and
WHEREAS, while serving the City as a police officer, Lt. Byrd pursued to completion a
bachelor’s and master’s degrees and has parlayed his combined experience into
serving his chosen profession as an adjunct instructor at Tompkins-Cortland Community
College; and
WHEREAS, in its nominating statement, members of the panel of this award’s past
recipients note:
“(Lt. Byrd) has been a long-time mentor, supporter and advocate for many,” and also
stated Lt. Byrd is deserving of honor “after 23 years of admirable and distinguished
service in the City of Ithaca”; now, therefore be it
RESOLVED, That the City of Ithaca Common Council urges all citizens to recognize the
invaluable contributions of this positive, affirming, and dedicated citizen – Ithaca Police
Lt. Marlon T. Byrd (retired) who, throughout his career made it a priority for people from
all aspects of the Ithaca community to be treated fairly and respectful by police and to
mentor other officers within the police agency — has become a stalwart example of the
many prominent figures we celebrate throughout history, particularly Black history; and
be it further
RESOLVED, That in so doing, retired Lt. Marlon T. Byrd is worthy of honor not only
each year in February, but throughout the entire calendar year.
Carried Unanimously
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Ithaca Police Officer Jack Bradley Nelson shared the history of the award and the many
attributes his mother, J. Diann Sams, shared with the community. He expressed his
pride in presenting the award to his commanding officer and friend, Lt. Marlon Byrd. Lt.
Byrd thanked Common Council and the Committee for the honor and spoke of its
significance to him. Alderperson McGonigal shared his fond memories of Lt. Byrd as
young man and expressed his thanks for all of his years of service to the Ithaca
community.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Walter Hang, City of Ithaca, noted that he submitted comments to Council on January
14, 2015, detailing his concerns regarding the RU Zone Ordinance. He requested that
Council not take action on this legislation without the zoning overlay of historic
preservation districts.
Joel Harlan, Town of Newfield, voiced his concern regarding various economic
development, homelessness, and law enforcement, issues.
Fay Gougakis, City of Ithaca, urged Council not to adopt the revised Noise Ordinance
until unfinished business such as downtown noise/bar music is fully addressed.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick announced the availability of the 2015 Annual Disclosure Forms for the
Mayor and Common Council. These forms are available for review by the public in the
Department of Public Information and Technology during regular business hours.
Alderperson McCollister responded to comments made by Ms. Gougakis regarding
noise and its impacts in residential areas.
Alderperson Brock thanked the speakers for sharing their concerns regarding quality of
life issues including noise, zoning, and affordable housing.
She further shared her concerns regarding the private use of public parkland, the safety
practices and protocols of the Cascadilla Boat Club, and 40 years of private use of a
public facility without public access or oversight of the club’s practices. Alderperson
Brock expressed concerns at the Cascadilla Boat Club’s stated position that it is a
private club accountable only to its members, and not accountable to the City or the
school district – which is notable when children aged 11-18 are considered members,
but parents are not. In addition, she raised questions regarding the definition and use of
licenses vs. leases in parks and the proposed use of the DPW maintenance building by
Wharton Studios. She requested that these issues be deferred to the City
Administration Committee for further discussion.
Alderperson Murtagh responded to questions and comments he received from Simon
Wheeler regarding noise permits and clarified that under the new legislation noise
permits would be issued for single dates, not long term or ongoing events. He further
responded to comments made by Ms. Gougakis, noting that enforcement issues are
critical.
Alderperson Clairborne thanked Common Council members for their support of the J.
Diann Sams Award. He responded to concerns expressed about affordable housing.
He also thanked Council and the community for their support during his recent loss of a
loved one.
Alderperson Brock addressed comments made about housing, and shared her
concerns about the economic future of the community, and the loss of full-time positions
with benefits in the region.
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CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Request of Downtown Ithaca Alliance to Permit the Sampling and Sale of
Bottled Wine, Hard Cider, and Beer at the Great Downtown Ithaca Chili Cook-Off
on the Commons – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the
sale and sampling of New York State bottled wine, hard cider, and beer at booths during
the Great Downtown Ithaca Chili Cook-Off on February 7, 2015 on the Ithaca
Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries and
breweries shall comply with all applicable state and local laws and ordinances, and shall
enter into an agreement providing that it will hold the City harmless and indemnify the
City on account of any claims made as the result of the sampling and sale of bottled
wine, hard cider, and beer on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery, cider
company or brewery shall agree to maintain liability insurance in the amount of
$1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00,
and shall provide evidence of such insurance to the City Clerk.
Carried Unanimously
City Administration Committee:
8.2 DPW - Approval of Urban Forestry Grant Round 12 – Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, The City of Ithaca is currently a “Tree City USA” and has been so
designated for 26 consecutive years and the Growth Award for 17 years, largely due to
its progressive urban forestry program, and
WHEREAS, conflicts with overhead electric facilities is a major issue related to urban
trees and the City of Ithaca has a practice of no longer planting tall maturing trees under
high voltage utility lines; however, there is a legacy of street trees that have been
severely pruned due to service reliability and safety concerns related to overhead utility
lines, and
WHEREAS, trees that have been pruned in this manner are not only unsightly, but this
severe pruning has negative impacts on the long-term health of the trees and often
results in decay of tree branches, making the trees a public hazard, and
WHEREAS, the city forester has identified many city trees that have experienced
severe utility pruning which has resulted in poor tree health and/or evidence of
significant decay and are scheduled for removal, and
WHEREAS, the city forester seeks to apply for a grant through the New York State
Department of Environmental Conservation that can provide matching funds to assist in
the replacement of these damaged trees with low growing species of trees, thus
avoiding future conflicts with overhead electric facilities, and
WHEREAS, revitalizing the urban forest through this program will provide
neighborhoods with the aesthetic and ecological benefits of street trees and avoid future
safety issues, and
WHEREAS, the total cost for this project has been estimated by the city forester at
$11,780; now, therefore, be it
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RESOLVED, That the City Forester is herby authorized to file an application for the
2013-2014 Urban Forestry Grant Round 12, contract #T305357, for 50% matching
funds in the amount of $5,450, and be it further
RESOLVED, That the matching funds needed for said grant will be satisfied with City
staff time as part of the 2015 Department of Public Works Budget, and be it further
RESOLVED, That Common Council authorizes the Mayor, upon review and advice of
the City Attorney, to enter into and execute a project agreement with New York State
Department of Environmental Conservation for such financial assistance to the City of
Ithaca.
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend City of Ithaca Municipal Code Chapter 325, Entitled
“Zoning,” related to the R-U Zoning District:
A. Declaration of Lead Agency – Resolution
By Alderperson Murtagh: Seconded by Alderperson Smith
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposed amendments to the R-U
Zoning District.
Carried Unanimously
B. Declaration of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, The Common Council is considering a proposal to amend the R-U zoning
district, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated November 19,
2014, and
WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated November 19, 2014, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
February 4, 2015
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C. An Ordinance to Amend City of Ithaca Municipal Code Chapter 325, Entitled
“Zoning,” related to the R-U Zoning District
By Alderperson Murtagh: Seconded by Alderperson Martell
WHEREAS, in 2013, the City received a development proposal for a residential project
located in the Cornell Heights Historic District, and
WHEREAS, the Ithaca Landmarks Preservation Commission (ILPC), in their review of
the project, found that the allowable development by the existing zoning largely
conflicted with what the ILPC would permit in order to protect the historic character of
the District, and
WHEREAS, the Cornell Heights Historic District, unlike Ithaca’s other historic districts,
was developed as a planned “residence park”, with significant amounts of green space
and informal landscaping in the Romantic tradition intentionally retained around its
expansive homes to create a unique neighborhood identity, and
WHEREAS, this neighborhood is also designated as a low-density neighborhood in the
City of Ithaca’s forthcoming Comprehensive Plan, and
WHEREAS, in order to explore alternate zoning options that would better reflect the
desired development for this area, a working group was formed consisting of staff from
the Planning, Building, Zoning and Economic Development Department and members
of the Common Council, and
WHEREAS, prior to developing a zoning proposal, a walking tour of the neighborhood
was held and the working group also had meetings with the residents of the area, and
WHEREAS, the working group has identified amendments to the use and area
requirements in the R-U Zoning District that would allow for responsibly developing this
area, while preserving the original intent for the district and protecting the important
qualities of this neighborhood, and
WHEREAS, in addition to the amendments that have been proposed to the R-U Zoning
District, residents have requested that the Common Council also explore options for
offering additional protections to the entire Cornell Heights Historic District,
WHEREAS, after circulating a concept memo that described the proposed changes to
the R-U zoning district, Historic Ithaca submitted a memo, dated November 6, 2014,
containing concerns and comments about the proposal and City staff evaluated the
concerns and responded to all of the points that were raised; now, therefore
ORDINANCE 2015-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Section 325-8 of the City of Ithaca Municipal Code, Entitled “District
Regulations”, is hereby amended to add the following language:
Section 325-8: District Regulations Chart, R-U Use District Permitted Primary Uses:
Properties that are less than 60,000 SF are permitted to have only one primary
structure on the lot. Properties greater than 60,000 SF may have two primary
uses, if approved by Ithaca Landmarks Preservation Commission (ILPC) and
Planning and Development Board. Properties with at least 90,000 SF can have as
many as 3 primary uses if approved by ILPC and Planning Board.
1. One-family detached, semi-detached, or attached dwelling.
2. Any use permitted in R-1 and R-2.
Permitted Uses 3-8 are restricted to 1 every 500 feet for new construction,
measured from the edge of the property line
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3. Multiple dwelling.
4. Rooming or boardinghouse.
5. Cooperative household.
6. Fraternity, sorority or group house.
7. Dormitory.
8. Townhouse or garden apartment housing.
By Special Permit of Board of Appeals:
9. Uses 5-7 under R-1*
10. Nursery school, child day care center.
11. Bed and Breakfast Homes and Inns.
* Cemetery and Related Buildings, Public Utility Structures, except offices, All
School and Related Buildings
Minimum Lot Size (Area in Square Feet)
1. One-family detached dwelling: 10,000
2. One-family semi-detached or two-family dwelling: 15,000.
3. One-family attached dwelling: 16,500 for first 1-3 units plus 1,500 for each additional
unit.
4. Multiple dwelling: 16,500 for first 1-3 units plus1,500 for each additional unit.
5. Fraternity, sorority, or group house: 30,000 (was 25,000).
6. Other uses: 30,000 (was 10,000).
Width in Feet at Street Line
1. One-family detached dwelling: 75.
2. One-family semi-detached or two-family dwelling: 100.
3. One-family attached dwelling: 125.
4. Multiple dwelling: 125.
5. Fraternity, sorority or group house: 125.
6. Other uses: 125 (was 75).
Maximum Building Height
Number of Stories: 3 (was 4).
Height in Feet – 35.
Maximum Percent Lot Coverage by Buildings
Lot Coverage: 25% (was 30%)
50% of the developable lot area, after the required setbacks have been calculated,
must be retained as green space.
Yard Dimensions
Front Required Minimum – 25’
Side Minimum – 10’
Other Side Minimum – 10’
Rear Minimum – 50’ or at least 25%, but not less than 30’
Section 2. The City of Ithaca Planning and Development Board, the City Clerk and the
Planning, Building, Zoning and Economic Department shall amend the district
regulations chart in accordance with the amendments made herewith.
Section 3. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 4. Effective date. This ordinance shall take affect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Martell stated that a number of Cornell Heights residents have voiced their
support for this legislation.
February 4, 2015
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Alderperson Brock noted that the Planning & Economic Development Committee will be
taking a comprehensive look at historic districts. With that commitment, she stated that
she would support this legislation.
Alderperson Murtagh shared the history of the proposed zoning amendment and
expressed his thanks to Alderperson Martell for her work with the neighborhood
residents on this issue.
Alderperson Mohlenhoff noted that this issue reinvigorated the Cornell Heights
Neighborhood Association. She further expressed her thanks to the Planning Division
staff for their work on this legislation.
A vote on the Ordinance resulted as follows:
Carried Unanimously
9.2 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 240,
Entitled “Noise,” in Order to Incorporate Decibel Standards
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, the City’s noise ordinance has long contained a useful, subjective standard
for identifying unreasonable noise; and
WHEREAS, that subjective standard continues to be applicable to many of the noise
determinations made by the City; and
WHEREAS, certain other noise determinations have posed difficult determinations for
the City that could be better resolved under an objective decibel-based standard for
identifying unreasonable noise; and
WHEREAS, the City retained an outside consultant to assist in the drafting of a noise
ordinance which, as presented herein, retains the subjective standard and supplements
it with an objective standard; and
WHEREAS, it is the intent of the Common Council that the subjective standard herein
be more commonly applied by the City, and in particular its police officers, in the first
instance, but that said officers may select to employ the objective standard herein in the
first or subsequent instance, as in their judgment appropriate to a particular situation;
now therefore
ORDINANCE 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Findings of Fact. The Common Council finds that, despite the continuing
utility of the City’s subjective standard for identifying unreasonable noise, certain noise
determinations, and particularly those situations of an ongoing or repetitive nature, may
be better resolved under an objective decibel-based standard for identifying
unreasonable noise.
Section 2.: Chapter 240 of the City of Ithaca Municipal Code shall be amended to read
as follows:
§240-1 Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
§240-2 Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good
order by suppressing the making, creation or maintenance of excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and unnatural in their
time, place and use and which are detrimental to the environment. It is also the purpose
of this chapter to allow all residents of the City to coexist harmoniously in a manner
which is mutually respectful of the interests, rights and obligations of all persons.
§240-3 Definitions.
February 4, 2015
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[Amended 9-1-2004 by Ord. No. 2004-14]
Unless the context otherwise clearly indicates, the words and phrases used in this
chapter are defined as follows:
ANSI
The American National Standards Institute or its successor bodies.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter
using the A-weighted network. The level so read is designated "dBA". All
references to "decibel" shall be presumed to mean "dBA" unless otherwise
specified.
COMMERCIAL USE PROPERTY
Any premises containing businesses where sales, offices, professional
services, or other commercial use is legally permitted.
CONTINUOUS SOUND
Any sound that is not impulse sound.
DAYTIME HOURS
The hours between 7:30 a.m. and 10:00 p.m., local time, on any day.
dBA
The A-weighted sound level in decibels.
DECIBEL
A unit for measuring the volume of a sound, equal to the logarithm of the
ratio of the sound pressure of the sound to the sound pressure of a
standard sound (0.0002 microbar); abbreviated "dB."
EMERGENCY WORK
Work made necessary to restore property to a safe condition following a public
calamity or work necessary to protect persons or property from an imminent
exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second, and of high intensity,
with an abrupt onset and rapid decay.
INDUSTRIAL USE PROPERTY
Any premises engaged in the manufacturing, processing, production, or
shipping, of equipment or materials, including storage yards, shall be
considered industrial use, where legally permitted.
MOTOR VEHICLES
Includes but is not limited to automobiles, trucks, buses, mopeds,
minibikes and any other vehicles as defined by the Vehicle and Traffic Law
of the State of New York, as it may be amended from time to time.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one category of
activity (e.g., commercial and residential).
NIGHTTIME HOURS
The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the
following day.
PERSON
Includes the singular and plural and also any individual; any property owner
and/or lessee; any firm; a corporation; a political subdivision; a government
agency, including any agency of the City of Ithaca; an association or an
February 4, 2015
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organization, including but not limited to officers, directors, employees, agents
and/or independent contractors thereof; or any legal entity whatsoever.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property; (b) the
vertical and horizontal boundaries of a dwelling unit that is part of a multi-
dwelling unit building; or (c) on a multi-use property as defined herein, the
vertical or horizontal boundaries between the two portions of the
properties on which different categories of activity are being performed.
RESIDENTIAL USE PROPERTY
Any property used for human habitation, unless habitation is a condition of
employment, including, but not limited to:
1. Private property used for human habitation;
2. Commercial living accommodations and commercial property
used for human habitation;
3. Recreational and entertainment property used for human
habitation;
4. Community service property used for human habitation.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, instrumental
music or any other sound. As used in this chapter, "sound-amplifying equipment"
shall not include warning devices on authorized emergency vehicles or horns or
other warning devices on any vehicle used only for traffic safety purposes or
authorized fire horns or other authorized emergency alarms.
SOUND-LEVEL METER
An instrument that conforms to ANSI S1.4-1983 or its successors.
SOUND SOURCE
Any person or thing from which sound is created.
UNREASONABLE NOISE
A level of sound that is injurious or annoying or disturbing to be heard.
§240-4 Unreasonable noise prohibited.
[Amended 8-4-2004 by Ord. No. 2004-12]
A. No person shall cause public inconvenience, annoyance or alarm or recklessly create
a risk thereof by making unreasonable noise or by causing unreasonable noise to be
made.
B. For the purpose of implementing and enforcing the standard set forth in
Subsection A of this section, "unreasonable noise" shall mean any sound created or
caused to be created by any person which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of the public or which causes injury to
animal life or damages to property or business. Factors to be considered in determining
whether unreasonable noise exists in a given situation include but are not limited to any
or all of the following:
(1) The intensity of the noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(4) The intensity of the background noise, if any.
(5) The proximity of the noise to sleeping facilities.
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(6) The nature and the zoning district of the area within which the noise emanates and
of the area within 500 feet of the source of the sound.
(7) The time of the day or night the noise occurs.
(8) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) The volume of the noise.
(11) The existence of complaints concerning the noise from persons living or working in
different places or premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant to
§240-14 that will authorize particular sound sources.
D. "Person" defined. For the purposes of this section:
(1) For an offense that occurs on any public property where permission was obtained to
use that public property, a "person" shall include the person or persons who obtained
permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the permit.
§240-5 Purpose of article.
The provisions of this Article II complement and supplement the other provisions of this
chapter and shall be interpreted and applied in accordance with and in addition to and
not in lieu of those other provisions. The provisions of this article shall not be interpreted
to prevent the issuance of permits pursuant to §240-14 that will authorize particular
sound sources.
§240-6 Radios, television sets and similar sound-amplifying devices. Devices for
sound amplification, production and reproduction.
A. It shall be unlawful for any person anywhere in the City to use or to operate any radio
or receiving set, musical instrument, phonograph, television set, any other machine or
device for the producing or reproducing of sound or any other sound-amplifying
equipment in a loud, annoying or offensive manner such that noise from the device
interferes with the comfort, repose, health or safety or members of the public or
recklessly creates a risk thereof, within any building or, outside of a building, at a
distance of 25 feet or more from the source of such sound or interferes with the
conversation of members of the public who are 25 feet or more from the source of such
sound.
[Amended 9-1-2004 by Ord. No. 2004-13]
B. "Person" defined. For the purposes of this section:
[Added 8-4-2004 by Ord. No. 2004-12]
(1) For an offense that occurs on any public property where permission was obtained to
use that public property, a "person" shall include the person or persons who obtained
permission to utilize that property for that event.
(2) For an offense that occurs on private property, a "person" shall include any adult
person or persons who live in or on the property that is involved in the offense.
February 4, 2015
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(3) For an offense that occurs after granting of a permit pursuant to Article III of this
chapter, a "person" shall include the person or persons who are listed on the permit.
§240-7 Parties and other social events.
A. It shall be unlawful for any person in charge of a party or other social event that
occurs on any private or public property to allow that party or event to produce noise in
a loud, annoying or offensive manner such that noise from the party interferes with the
comfort, repose, health or safety of members of the public within any building or, outside
of a building, or recklessly creates the risk thereof, at a distance of 25 feet or more from
the source of such sound. [Amended 9-1-2004 by Ord. No. 2004-13]
B. For the purposes of this section, a "person in charge of a party or other social event":
[Amended 9-1-2004 by Ord. No. 2004-13]
(1) That occurs on any public property shall include the person or persons who obtained
permission to utilize that property for that event.
(2) That occurs on private property shall include the person who owns the premises
involved and any adult person who lives in or on the premises involved in such party or
social event.
(3) Shall include the person who is listed on a permit granted pursuant to Article III of
this chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on the
premises, the person to whom the keg is registered shall be presumed to be
responsible for the violation, in addition to any person designated in Subsection A or B
above.
§240-8 Maximum Permissible Sound Levels.
In addition to prohibitions set forth elsewhere in this chapter, the following
general prohibitions regarding sound levels shall apply in determining
unreasonable noise:
A. No person shall operate or cause to be operated any source of continuous
sound from any use occupancy in such a manner as to create a sound level
which exceeds the limits set forth in the receiving use occupancy category in
Table I, when measured at or within the real property line of the receiving
property.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS
BY RECEIVING LAND USE
dBA
Residential1
7:30 a.m. -
10:00 p.m.
Residential
10:00 p.m. –
7:30 a.m.
Commercial2
7:30 a.m. – 12 a.m.
Commercial
12am - 7:30
a.m.
Industrial
24 hours
OUTDOORS
60 50 65 55 75
INDOORS3
50 40 55 40 65
1. Property receptor located within an area that’s zoned residential.
2. Property receptor located within an area that’s zoned commercial,
including but not limited to those zones designated CBD, Waterfront, B,
WDEZ, and MU (Collegetown Mixed-Use District).
3. The indoor permissible sound level limits will only apply if the sound
source is on or within the same property as the receiving property, as in
the case of a multi-dwelling unit building or a multi-use property (e.g.,
February 4, 2015
13
sound generated within a commercial unit of a multi-use property building
and received within a residential unit of the same building). In addition,
indoor measurements shall be taken if the property line between the
receiving property and the source property is a common wall, floor or
ceiling.
February 4, 2015
14
(2) Impulsive Sound:
No person shall make, cause, allow or permit the operation of any impulsive
source of sound within any and all property in the city which has a maximum
sound pressure level in excess of eighty (80) dBA, when measured at or within
the real property line of the receiver. If an impulsive sound is the result of the
normal operation of an industrial or commercial facility and occurs more
frequently than four (4) times in any hour the levels set forth in Table I shall apply.
§240-9 Other Prohibited Acts
A. Unamplified human voice.
(1) No person shall make, continue, or cause to be made or continued, any
unreasonable noise by use of the unamplified human voice. The unamplified
human voice engaged at conversational levels shall be exempt from this
provision if such sound is not plainly audible beyond 100 feet or does not infringe
on the legitimate rights of others. Raised vocal effort, such as shouting, yelling or
screaming, with intent to cause public inconvenience, annoyance or alarm or
recklessly causing a risk thereof or that serves no legitimate purpose, when
audible at distances greater than 100 feet, is prima facie evidence of a violation of
this provision. This shall not apply to spontaneous utterances such as laughter,
exclamations of warning, or sporting events.
(2) It shall be unlawful for any person to advertise, promote or sell anything by outcry within
any area of the City zoned for residential uses, including all R and CR zones. The
provisions of this section shall not be construed to prohibit the selling by outcry of
merchandise, food and beverages at licensed sporting events, parades, fairs, circuses
and other similar licensed public entertainment events.
§240-9 B. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle,
construction equipment or other equipment, pump, fan, air-conditioning apparatus or
similar mechanical device or to engage in any commercial or industrial activity in any
manner so as to create unreasonable noise as defined in §240-4 of this chapter. In
making such determination with respect to the matters governed by this section,
additional factors to be considered shall include:
A. (1) The necessity of the work being done.
B. (2) The ability of the creator of the noise to minimize or reduce the amount of noise
created or to otherwise minimize its adverse effects.
§240-10 C. Construction during nighttime hours.
A. (1) Except for the purposes specified in Subsection B hereunder, during nighttime
hours it shall be unlawful for any person within a residential zone or within 500 feet of a
residential zone to operate construction equipment (including but not limited to any pile
driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform
any outside construction or repair work so as to create noise. Any designated official of
the City of Ithaca shall give a verbal warning that the violation exists and of the penalties
that may result if the violation continues.
B. (2) This section shall not be deemed to prohibit:
(1) a. Work of an emergency nature.
(2) b. Work of a domestic nature on buildings, structures or projects being undertaken
by a person(s) residing in such premises; provided that, if any domestic power tool,
including but not limited to mechanically powered saws, sanders, grinders and lawn and
garden tools used outdoors, is operated during the nighttime hours, no person shall
operate such machinery so as to cause noise within a residential building or across a
residential real property boundary where such noise interferes with the comfort, repose,
February 4, 2015
15
health or safety of members of the public within any building or, outside of a building, at
25 feet or more from the source of the sound.
§240-10. Motor Vehicles
A. No person shall remove or render inoperative, or cause to be removed or
rendered inoperative or less effective than originally equipped, other than for the
purposes of maintenance, repair, or replacement, of any device or element of
design incorporated in any motor vehicle for the purpose of noise control. No
person shall operate a motor vehicle or motorcycle which has been so modified.
A vehicle not meeting these requirements shall be deemed in violation of this
provision if it is operated stationary or in motion in any public space or public
right-of-way.
B. No motorcycle shall be operated stationary or in motion unless it has a muffler
that complies with and is labeled in accordance with the Federal Noise
Regulations under 40 CFR Part 205.
C No person shall operate any motor vehicle with an engine braking device
engaged which does not have a muffler in good working order.
D. Personal or commercial vehicular music amplification or reproduction equipment
shall not be operated in such a manner that it is plainly audible at distance of 25
feet in any direction from the vehicle between the hours of 10:00 p.m. and 7:30
a.m.
E. Personal or commercial vehicular music amplification or reproduction equipment
shall not be operated in such a manner that is plainly audible at a distance of 50
feet in any direction from the operator between the hours of 7:30 a.m. and 10:00
p.m.
§240-11 Applicability of section.
Section 240-6, 240-7, 240-8 and 240-9 shall be applied in addition to §240-4.
§ 240-12Continuing noise.
It shall be unlawful for any person to make or continue or cause to be made or
continued any loud, unnecessary or unusual noise or sound which shall exceed the
permitted noise levels specified in this chapter. Any designated official of the City of
Ithaca may issue a verbal warning that the violation exists and of the penalties that may
ensue.
§240-12Horns and alarms. Exceptions
This chapter shall not apply to fire horns or other alarms authorized by the Fire
Department or Police Department and operated in accord with that authorization.
The provisions of this chapter shall not apply to:
A. Sound and vibration emitted for the purpose of alerting people in an emergency or in
the performance of the response to an emergency.
B. Sounds connected with any authorized carnival, fair, exhibition, parade or
community celebration or from any municipally sponsored celebration, event,
activity or individually sponsored event where a permit or other relevant
permission has been obtained from the City.
C. The operation or use of any bell, chimes, or other instrument from any church,
synagogue, temple, mosque or school licensed or chartered by the State of New
York, provided such operation or use does not occur during nighttime hours.
D. Sounds created by any government agency by the use of public warning devices.
February 4, 2015
16
E. Noise from domestic power tools, lawn mowers, leaf blowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m. and 8:00 p.m. on
weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays, provided they
produce less than 75 dBA at or within any real property line of a receiving residential
property.
F. Noise from snow blowers, snow throwers, and snow plows when operated with a
muffler for the purpose of snow removal.
G. Noise from an exterior burglar alarm of any building or motor vehicle provided such
burglar alarm shall terminate its operation within five (5) minutes after it has been
activated.
H. Sounds created by any governmental agency or railroad agency by the use of
public warning devices or created by public utilities in carrying out the normal
operations of their franchises.
§240-1314 Permit procedures for certain activities events of a temporary duration.
[Amended -1-2004 by Ord. No. 2004-14; 5-4-2005 by Ord. No. 2005-06]
Except as provided for in §157-8of the City Code regarding the Ithaca Commons:
A. Where a sound source exists, is planned, installed or intended to be installed or
modified by any person in a manner that such source will create or is likely to create
unreasonable noise or otherwise fail to comply with the provisions of this chapter, such
person must secure a permit pursuant to Subsection D of this section.
B. Where any person uses or plans to use any sound-amplifying equipment in such a
way that such equipment is or will be heard outside of any building or vehicle between
10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit
pursuant to Subsection D of this section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit pursuant to Subsection
D of this section.
D. Applications shall be submitted at least 72 hours in advance of an event. The
application for the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or
necessary that the sound source involved be authorized by a permit pursuant to this
section.
(2) Plans and specifications of the use.
(3) Noise-abatement and -control methods to be used with respect to the sound source
involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity complies
with any permit issued for it pursuant to this section.
(6) If required by the party issuing the permit, proof that notification of the application for
the permit has been given to each person reasonably expected to be affected by the
noise, the content of such notification and the manner in which such notification has
been given, if the event is not a community-wide or public event. The notification shall
state that any person objecting to the granting of such permit may contact the
appropriate city department to which the application is being made to express his/her
opposition to the granting of the permit.
E. The application shall be made to the Superintendent of Public Works, or his/her
designee, in connection with construction work on public rights-of-way or in parks; to the
Director of Planning and Development, or his/her designee, for all other construction
February 4, 2015
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projects; and for others to the Mayor or his/her designee. The issuance of permits shall
be discretionary, and a permit shall be issued only where the responsible official
determines that such permit is reasonable and necessary and will allow an activity that
is consistent with the general purposes of this chapter, as stated in §240-2. When
determining if a permit should be issued, factors the official shall consider shall include
but are not limited to the volume of the noise, the proximity of the noise to sleeping
facilities, the time of the day or night the noise occurs, the time duration of the noise,
and the impact of the noise on persons living or working in different places or premises
who are affected by the noise. Any permit granted shall state that the permit only
applies to this chapter, and that §240.20, Subdivision 2, of the Penal Law of the State of
New York, Disorderly Conduct, provides that “a person is guilty of disorderly conduct
when, with intent to cause public inconvenience, annoyance or alarm or recklessly
creating a risk thereof: . . . he makes unreasonable noise."
[Amended 6-5-2013 by Ord. No. 2013-15[1]]
[1]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
F. In order to further the purposes of this chapter and to facilitate its implementation and
enforcement, the Superintendent of Public Works, the Director of Planning and
Development and the Mayor, or their designees, shall have authority to impose such
conditions as they determine are reasonable and necessary on permits they issue
pursuant to this section. Such conditions may govern factors which include but are not
limited to the time and location the involved sound source may be utilized.
[Amended 6-5-2013 by Ord. No. 2013-15[2]]
[2]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
G. The Superintendent of Public Works, the Director of Planning and Development and
the Mayor or their designees shall provide the Chief of Police with a copy of any permit
issued pursuant to this section.
[Amended 6-5-2013 by Ord. No. 2013-15[3]]
[3]: Editor's Note: This ordinance provided for an effective date of 1-1-2014.
§240-14 Variances
The Mayor or his/her designee may grant for a sustained duration an individual
variance from the limitations prescribed in this article whenever it is found, after a
noticed public hearing before the Mayor, or his/her designee the Planning and
Economic Development committee of Common Council and upon presentation of
adequate proof, that compliance with any part of this article will impose an undue
economic burden upon any lawful business, occupation or activity, and that the
granting of the variance will not result in a condition injurious to health or safety.
Any variance, or renewal thereof, shall be granted within the following limitations:
1. If the variance is granted on the grounds that compliance with the
particular requirement or requirements will necessitate the taking of
measures which, because of their extent or cost, must be spread over a
considerable period of time, it shall be for a period not to exceed such
reasonable time as, in the view of the Mayor or his/her designee, is
requisite for taking of the necessary measures. A variance granted on
the ground specified in this division shall contain a timetable for taking
of action in an expeditious manner and shall be conditioned on
adherence to the timetable; or
2. If the variance is granted on the ground that it is justified to relieve or
prevent hardship of a kind other than that provided for in division (1), it
shall be for not more than one year.
B. Any person seeking a variance shall file a petition for variance and a $50 filing
fee with the Mayor or his/her designee. The Mayor or his/her designee shall
thereafter conduct a noticed public hearing in accordance with this section at
February 4, 2015
18
a regularly scheduled meeting of the Planning and Economic Development
committee of Common Council, accept documentary and testimonial evidence in
accordance with accepted administrative hearing procedures, and make a final
decision regarding the granting of the variance.
C. Written notice of the public hearing, the time and place of which shall be set
by the Mayor or his/her designee, shall be mailed by the petitioner at least 10
days prior to the hearing, with proof of mailing provided to the Mayor at least 8
days prior to the hearing, to:
1. the owners as shown by the records of the County Assessor of lots
comprising the site of the variance and lots within 200 feet, excluding
public right-of-way, of the site of the variance;
2. any neighborhood association if the site of the variance is within the
neighborhood association’s boundaries or within 200 feet of the
neighborhood association’s boundaries, excluding public right-of way.
3. any other person or entity that has filed with the Mayor a request to
receive a notice of the variance proceeding.
D. The notice of hearing shall set forth the name and address of the petitioner,
the location of the site of the variance, that the petitioner has requested a
variance from this ordinance, the nature of the requested variance, and that
part of the ordinance that would be-waived if approved.
E. Following the hearing, the Mayor or his/her designee shall render a written
final decision including findings of fact and conclusions of law. The Mayor or
his/her designee shall mail the decision to all parties of record.
§240-1516 Penalties for offenses; presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by a
fine not to exceed $500 or imprisonment of not more than 15 days, or not more than
100 hours of community service or any combination of such fine and imprisonment and
not less than $100 or 25 hours of community service; provided, however, that a person
who shall violate any provision of this chapter after having been convicted of a violation
of any provision of this chapter within the preceding three years shall be punishable by
a fine not to exceed $750 or by imprisonment of not more than 15 days, or not more
than 125 hours of community service or, any combination of such fine and imprisonment
and not less than $200 or 40 hours of community service; and further provided that any
person who shall violate any provision of this chapter after having been convicted two or
more times of a violation of any provision of this chapter within the preceding three
years shall be punishable by a fine not to exceed $1,000 or by imprisonment of not
more than 15 days, or not more than 125 hours of community service, or any
combination of such fine and imprisonment, and not less than $300 or 50 hours of
community service. For any penalties of community service, the court may accept
community service from people other than the defendant whom the court deems
appropriate, such as other residents of the premises or others who choose to accept
responsibility for the violation. In assessment of the above penalties, aggravating factors
shall include but not be limited to the presence of the following factors:
(1) A common source of alcohol such as a keg;
(2) A live band or disc jockey or other live entertainment;
(3) Amplified sound emanating from speakers placed or directed outside of the building;
(4) A charge to gain entrance into the premises or to consume alcohol;
(5) A violation of § 250.8 (public urination) of this Code on the premises;
(6) The offense takes place after midnight on weekdays and 1:00 a.m. on weekends
and before the following 6:00 a.m.;
February 4, 2015
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(7) More than 25 guests on the premises, "guests" being defined for the purposes of this
section as any people who do not reside at the premises;
(8) Any underage person or persons possessing or consuming alcohol on the premises,
each underage person constituting a separate aggravating circumstance;
(9) More than one complaint made to the police about the noise, each complaint after
the first being a separate aggravating circumstance.
B. For purposes of this chapter, for any offense that takes place on private property, if
the person or persons directly responsible for the activity that violates any provision of
this chapter cannot be determined, then all residents of the property on which the
activity takes place shall be presumed to be responsible for the violation.
Section 16. Severability. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 17. Effective Date. This ordinance shall take effect June 1, 2015, and in
accordance with law after publication of notices as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the issuance of noise permits. Alderperson
Murtagh explained that noise permits were only intended to be issued for sound events
of a temporary duration, not long-term commercial use but there were no other
mechanisms to approve those types of requests. This legislation seeks to resolve those
issues through the variance process. He noted that the effective date of this legislation
is June 1, 2015 in order to allow time to purchase equipment and train police officers on
the new provisions of the law and use of the decibel meters.
Further discussion followed regarding the use of decibel reading apps on smartphones
and tablets that could help or hinder enforcement efforts.
Alderperson Kerslick expressed thanks to Alderperson Murtagh for his work on this
legislation and the time and effort he put forth seeking input from residents. He noted
that this law provides meaningful reform, especially for business owners.
Alderperson Clairborne recommended that noise abatement for outdoor air handling
systems be incorporated into Site Plan Review for developers.
A vote on the Ordinance resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
Announcements:
Alderperson Mohlenhoff reported that the Common Council Rules of Procedure would
be reviewed and possibly updated at the February City Administration Committee
meeting and asked committee members to review the document prior to the meeting.
She further thanked Common Council and Senior Staff members for their participation
in the recent retreat.
10.1 DPW - Amendment of Capital Project 769, Intersection Bulb-outs on West
Green Street and West Seneca Street at the Intersections with Plain Street and Corn
Street - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Martell
WHEREAS, a Project for Intersection Bulb-outs on West Green Street and West Seneca Street,
P.I.N. #375462 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that
calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds, and
February 4, 2015
20
WHEREAS, the Project purpose is to reduce the negative effects of motor vehicle use, alter
driver behavior and improve conditions for non-motorized street users in the interest of street
safety and livability along the New York State owned section of Route 79 (a one-way pair) in the
mixed residential and low-density commercial area in the vicinity of Plain Street and Corn
Street, and
WHEREAS, on July 6, 2011, Common Council authorized $52,000 for the capital project, and
WHEREAS, in the 2012 and 2014 City Capital Budgets, Common Council authorized $231,000
and $12,000, respectively, bringing the total authorization to $295,000, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non-federal share of the costs of design, construction and construction inspection; now,
therefore, be it
RESOLVED, That the Common Council hereby approves the above-subject project; and it is
hereby further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non-federal share of the cost of Preliminary Engineering,
Design, Construction, and Construction Inspection work for the Project or portions thereof, and it
is further
RESOLVED, That the sum of $60,000 is hereby appropriated from the issuance of serial bonds
and made available to cover the cost of participation in the above phase of the Project, and it is
further
RESOLVED, That Common Council hereby amends Capital Project #769, Intersection Bulb-
outs on West Green Street and West Seneca Street, to include the Project costs of $60,000, for
a total authorization of $355,000 and it is further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 21% (or 7.5% or 5%) of said portion, currently
estimated at $74,750 (or $26,750 or $17,750) of the $355,000 authorized for this portion of the
project, in monies and in-kind services as managed by the Superintendent of Public Works and
monitored by the City Controller, and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the New York State Department of Transportation thereof, and it is further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of
the City of Ithaca with the New York State Department of Transportation in connection with the
advancement or approval of the Project and providing for the administration of the Project and
the municipality’s first instance funding of Project costs and permanent funding of the local
share of federal-aid and state-aid eligible Project costs and all Project costs within
appropriations therefore that are not so eligible, and it is further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and it is further
RESOLVED, This Resolution shall take effect immediately.
Discussion followed with Director of Engineering West explaining the Federal and State
funding reimbursement levels.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.2 DPW – Approval of Project Scope for Capital Project #802 Transportation
Alternatives Program - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, as part of the City’s Bond Authorization approved at the regular Common
Council meeting on January 7, 2015, the $750,000 authorized for Capital Project #802,
February 4, 2015
21
Transportation Alternatives Program, was amended to include a stipulation that
Common Council be required to approve the project scope prior to release of financing
for the project, and
WHEREAS, DPW staff has discussed the project scope and design with members of
Common Council, and
WHEREAS, after this review, Common Council approves the funding of the
Transportation Alternatives Program Project; now, therefore be it
RESOLVED, That Common Council hereby approves the project scope for Capital
Project #802, Transportation Alternatives Program in the amount of $750,000, and be it
further
RESOLVED, That Common Council hereby directs the City Controller to issue financing
for said project in the amount of $750,000.
Discussion followed on the floor with Director of Engineering West explaining the
opportunities that will be available for Common Council members to provide feedback
as this project moves through the design process. He noted that typically these projects
go through the Board of Public Works but information can be made available to
Common Council members as well. Common Council has the final authority if they are
not pleased with the actions taken by the Board of Public Works.
Alderperson Brock provided feedback about higher priority projects that should be
considered before this one, such as the intersection of Cascadilla and Cayuga Streets.
City Controller Thayer stated that the City’s share of the bridge replacement cost is
$10,000 including demolition.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 City Controller’s Report:
City Controller Thayer reported on the following:
2014 Activity:
Sales tax collections were $13,432,000 – 2.4% over the budget estimate
Overtime: $1,276,000 was spent - $997,000 was budgeted
Parking: revenues fell $400,000 short of budget estimate
The Governor’s budget proposal includes no increases to AIM or CHIPS funding
and there is no pothole repair funding included in the proposal.
Discussion followed regarding the proposed property tax cap credits and eligibility
requirements. The Mayor stated that he would be in Albany next week to work with the
Executive Committee of the New York Conference of Mayors and would report any new
information to the City Administration Committee.
MAYOR’S APPOINTMENTS:
14.1 Appointment to Disability Advisory Council – Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED, That Jennifer Aronson be appointed to the Disability Advisory Council to
fill a vacancy with a term to expire June 30, 2017, and be it further
Appointment to Board of Public Works – Resolution
RESOLVED, That Jonathan Greene be appointed to the Board of Public Works to fill a
vacancy with a term to expire December 31, 2016.
Carried Unanimously
February 4, 2015
22
REPORTS OF COMMON COUNCIL LIAISONS:
Ithaca Landmarks Preservation Commission
Alderperson McCollister reported that the 707 E. Seneca Street property that the City
recently sold has received a certificate of appropriateness for a six unit building. The
project is currently in Site Plan Review. Alderperson Kerslick thanked the ILPC for their
work on this project.
Alderperson McCollister further reported that four proposals have been submitted for
the old library site which is located in the DeWitt Historic District. Three proposals
included demolishing the existing building while one proposal retained the building. The
ILPC found two of the proposals more appealing than the others.
Ithaca Urban Renewal Agency
Alderperson McCollister reported that the IURA is reviewing proposals and ideas for the
Neighborhood Pride grocery store site.
Tompkins County Chamber of Commerce
Alderperson Mohlenhoff reported that City staff received many accolades for moving
development projects forward at the recent Chamber of Commerce Annual Meeting.
Workforce Diversity Advisory Committee
Alderperson Brock reported that staff from the Downtown Ithaca Alliance and the
Tompkins County Chamber of Commerce attended a recent meeting to discuss the
community benefits of making businesses ADA compliant and accessible to all
residents and visitors regardless of physical ability.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the January 7, 2015 Common Council Meeting Minutes –
Resolution
By Alderperson Smith: Seconded by Alderperson Brock
RESOLVED, That the minutes of the January 7, 2015 Common Council Meeting be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:35 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor