Loading...
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; February 4, 2015 2 - 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 February 4, 2015 3 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. February 4, 2015 4 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 February 4, 2015 5 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 6 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 February 4, 2015 7 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 8 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 9 [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 10 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. February 4, 2015 11 (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 12 (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 17 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 19 (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