HomeMy WebLinkAboutMN-CC-1995-11-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 p.m. November 1, 1995
PRESENT:
Mayor Nichols
Alderpersons (10) - Booth, Johnson, Efroymson, Schroeder, Thorpe,
Sams, Mackesey, Shenk, Hanna, Gray
OTHERS PRESENT:
City Attorney - Guttman
City Clerk - Conley Holcomb
City Controller - Cafferillo
Deputy City Controller - Thayer
Planning and Development Director - Van Cort
Deputy Planning and Development Director - Sieverding
Building Commissioner - Eckstrom
Superintendent of Public Works - Gray
Fire Chief - Wilbur
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the September 6, 1995 Common Council
Meeting
By Alderperson Shenk: Seconded by Alderperson Gray
RESOLVED, That the Minutes of the September 6, 1995 Common
Council meeting be approved, with the correction as noted by
Alderperson Booth on Item 17.2.
Carried Unanimously
Approval of the Minutes of the October 4, 1995 Common Council
Meeting
Approval of the Minutes of the October 4, 1995 Common Council
meeting was postponed until the December 6, 1995 meeting.
Approval of the Minutes of the October 9, 1995 Special Common
Council Meeting
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That the Minutes of the October 9, 1995 Special Common
Council meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the October 25, 1995 Special Common
Council Meeting
Approval of the Minutes of the October 25, 1995 Special Common
Council meeting
November 1, 1995
was postponed until the December 6, 1995 meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Executive Session
Mayor Nichols requested the addition of an Executive Session to
discuss possible acquisition of land.
No Council member objected.
Planning Committee
Alderperson Schroeder requested a brief discussion regarding
which Standing Committee should pursue the issue of postering.
No Council member objected.
Budget and Administration Committee
Mayor Nichols requested the addition of Item 15.9, Local Law # -
1995, Re-establishing the 90 day Time Period of the Retirement
Incentive Program.
No Council member objected.
YOUTH AWARD:
Mayor Nichols noted that the Third Ward Alderpersons will present
a joint Youth Award at the December 1995 Common Council meeting.
MAYOR'S APPOINTMENTS:
Rental Housing Advisory Commission
Mayor Nichols requested Council approval for the appointment of
Kurt Johnson, 530 Hudson Street, to the Rental Housing Advisory
Commission, with a term to expire December 31, 1995.
Resolution
By Alderperson Shenk: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the appointment of Kurt
Johnson to the Rental Housing Advisory Commission with a term to
expire December 31, 1995.
Carried Unanimously
Bicycle Advisory Council
Mayor Nichols requested Council approval for the appointment of
Sandy Wold, 207 Cleveland Avenue, to the Bicycle Advisory Council
with a term to expire December 31, 1997.
Resolution
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That this Council approves the appointment of Sandy
Wold to the Bicycle Advisory Council with a term to expire
December 31, 1997.
Carried Unanimously
COMMUNICATIONS:
Mayor's Budget Message
Mayor Nichols read the following Budget Message into the record:
The preparation of a budget that meets the need for providing
essential services without an excessive increase in the property-
tax rate has been a daunting task. We have done what we can, the
decisions are now in your hands. To start with, thanks to
Governor Pataki, we have had to absorb a cut of $145,000 in
promised State aid, which in itself would have been only a
partial restoration of previous cuts. Just to make-up for that
cut would require an increase of 2% in the property-tax rate. In
addition as a result of reductions in the assessed value of some
property in the City, we would need to raise the property-tax
rate in 1996 by 2% just to achieve the same property-tax revenue
that we received this year. To add to our problems, thanks to
Mr. Gingrich's contract on us, the loss in federal operating
assistance for public transit is equivalent to about another 1%
change in the property-tax rate.
November 1, 1995
The majority of Ithacans did not vote for Governor Pataki, or for
a Republican representative to the Gingrich-congress. We did not
endorse the idea of making cuts in the income tax paid by the
most wealthy, while reducing support for cities and human needs.
The burden placed on the property tax is unfair and unwise.
However, we must live with what we've got. It is important that
in these difficult times we pull together to cope with the
effects that these cuts have imposed on us.
Thus the budget which I am presenting for your consideration
needs to be considered by more than just the members of Council.
I am asking members of Council to call together one or more
public meetings in their wards so that everyone can have the
opportunity to more fully understand our options and have a voice
in setting priorities. I will attend every such meeting to
answer questions and listen. In this message I will mention just
a few of the choices that can be considered.
The overall budget is comprised of a General Fund, water and
sewer funds, and a solid waste fund. Property taxes go to
balance the General Fund. The other funds are balanced by user
fees. To meet the requests of department heads in the general
fund would have required an increase in the property-tax rate of
about 30%. Built into those requests are increases in salary
that have been previously negotiated in all but one union
contract. They do not include possible increases for employees
in the CSEA Administrative Unit or for those not covered by
contracts. We have recommended that the pay equity study be a
component of that potential salary adjustment. We have had to
cut the department requests sharply. While there are no
contemplated layoffs, we have cut our work force by voluntary
retirements, and we have approved only one new position (a bus
driver for the Cornell-downtown shuttle). We have incorporated
only an amount equal to 2.5% (the current CPI) for those
employees not covered by contract. Additionally proposed
increases in our health program required a 10% funding
adjustment, $200,300, in the General Fund.
To meet the basic needs of the departments in the general fund,
we are recommending an increase of 4% in the property-tax rate.
The increase in the property-tax rate will mean an increase of
about $33 in city tax for a property assessed at $100,000. We
are also recommending an increase in the cost of hourly and
permit parking in the ramps and lots (an increase in the hourly
rate from 35 cents to 40 cents), and an increase of 10 cents in
the bus fare for Ithaca Transit to make up for the loss of
federal aid. In this general fund budget we have maintained the
funding for youth services, for GIAC, for the Southside Center,
for human service agencies and for community organizations. We
have also included a small sum in contingency reserve to support
projects of neighborhood groups.
The choices faced by Council and the community are difficult.
There are options that we have not chosen to recommend at this
time. Let me list a few. To decrease the property tax rate by
even 1% would require the layoff of three public works or youth
workers. To keep the bus fare at the current rate would require
an additional 1% increase in the property-tax rate. An
alternative that would mean only half of that increase would be
to keep the fare at 50 cents but not give the quantity discount
of 5 tokens for $2. There have been strong cases made for
increasing the number of paid firefighters, for a tree trimmer,
and for an engineer. Adding one firefighter on each shift would
mean an additional increase of at least 2% in the property-tax
rate.
We have been able to keep the property-tax rate increase to as
low as 4% by increasing the appropriated fund balance by using
$150,000 of the income from the sale of the Green Street property
under the ramp (we have set aside $25,000 in reserve contingency
for downtown improvements) as well as the income of $91,000 from
November 1, 1995
the sale of the BT Glass Building. A sum of $60,500 comes from
the set aside that we can now use as a result on the
reinstatement of the aggregate funding method in the State
Retirement System. The additional voluntary contribution from
Cornell which this year adds about $200,000 is one budget item
that will continue and increase. However, the prospects for
future years will require every department to examine its
programs for greater efficiency or new ways of doing things. We
will use the commitment of the elected officials in the
metropolitan area to work together to achieve an Economic
Cooperation Zone as a basis for added revenues. Our new
relationship with Cornell will be integral to the development of
that effort as well as many other areas where we can work
together for an improved economic climate. However, unless we
see a change in commitment to the needs of cities at the State
and Federal levels, we will be in trouble.
I hope that Council and citizens will join with me in letters to
Governor Pataki and Republican members of Congress asking that
the needs of cities and working people come before cuts in income
tax for the wealthy.
Let me move on to the water and sewer budgets. They are
increasing as we face the need for replacing our ancient water
and sewer pipes and for making large needed improvements in our
water plant. We are taking advantage of the opportunity,
presented by the State's octopus project to do major work in that
area, to save costs in the renovation of the system in the West
End. The water and sewer budgets will be balanced by an increase
of 10% in the water rate and 5% in the sewer rate. For the
average family, this will mean an increase of about $4 in the
quarterly water and sewer bill. Even with these increases, the
cost of water and sewer services in the City will be less than in
surrounding communities. We are making sound investments in the
infrastructure that will serve our residents for many years to
come.
We are recommending no increase in trash-tag fees. The solid
waste budget is decreasing as the volume of garbage and the sale
of trash-tags continues to decline. The program will be revised
in the next year to reduce the pick-up costs required for the
smaller volume. We will review the situation after three months.
Our City will not stand still. While being fiscally responsible
in the present, we must continue to invest in the future. We are
proposing a number of capital projects in the General Fund.
However, the total is much less that in previous years. This
year we will working on projects authorized in previous years and
not yet completed. We are paying off three debt issues for
projects not undertaken, such as the Giles Street bridge, because
we now anticipate State funding through the Transportation
Improvement Program. The recommended projects include $100,000
for West State Street improvements, $106,000 for Computer
Networking Systems, $81,000 for Fire Department purposes,
$145,000 for Cass Park ballfield lighting replacement, $72,000
for Frosh Alley restoration, and $20,000 for new trash and
recycling bins. These and several others have survived initial
scrutiny but each should be considered on its merits by the
community and Council.
The Controller has done yeoman work in pulling together all
available numbers in time for this presentation. In spite of the
pain associated with either not submitting or cutting their
desired items, Department Heads have understood the need and
cooperated. Now it is up to you to decide on the budget that we
will live with in the coming year. We need to make these hard
choices together.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Relocation of the Department of Social Services
November 1, 1995
The following people addressed Council in support of the
Memorandum of Understanding between the City and Tompkins County
relating to the possible relocation of the Department of Social
Services, and other County offices to a downtown location:
Ms. Theresa Alt, 206 Eddy Street, Fourth Ward Candidate
Mr. Joe Daley, 218 South Albany Street
Ms. Jane Marcham, 414 East Buffalo Street, Fourth Ward Candidate
Ms. Susan Blumenthal, Chair of the Downtown Revitalization
Leadership Committee
Stop Wal-Mart Campaign
Mr. Tim Allen, 213 N. Corn Street, addressed Council regarding
the Stop Wal-Mart campaign. He stated that although the proposed
Wal-Mart development did not comply with the current zoning
ordinance, the issue raised awareness about what people felt was
inappropriate
zoning in the City. He further stated that citizens would like
to see a permanent preventative solution to these inappropriate
development proposals.
RESPONSE TO THE PUBLIC:
Wal-Mart Development Proposal
Alderperson Booth stated that in his opinion, a major site on the
City's largest road, served by public infrastructure, is not an
inappropriate location for commercial development. He further
stated that he feels that if the State of New York believes that
the protection of view sheds from State Parks mandates the
exclusion of development, then it is the State's obligation to
spend the money necessary to accomplish that. He believes that
it is not the responsibility of City government to protect all
views from a State Park that is immediately adjacent to a city.
Alderperson Schroeder stated that he believes it is very
appropriate to review the zoning of the proposed Wal-Mart site
because there were questions that were never resolved regarding
where the zoning line actually is. He feels that it is incumbent
on Common Council to resolve that ambiguity at the appropriate
time, and given some of the environmental issues raised, he
thinks it is appropriate for Common Council to consider those in
terms of zoning.
City/Tompkins County Memorandum of Understanding
Alderperson Efroymson responded to the comments made regarding
the relocation of the Stewart Avenue parking meters to the
proposed DSS site. He stated that the Memorandum of
Understanding specifically requests that the City not place
additional parking meters in that area.
Alderperson Efroymson further stated that he agrees with Ms.
Blumenthal comments regarding helping displaced businesses.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters:
The current rate for water is $1.40 per 100 cubic feet, and will
be increased to $1.54 per 100 cubic feet in 1996. The current
rate is $1.62 per 100 cubic feet, and will be increased to $1.70
per 100 cubic feet in 1996.
The Board passed a resolution for amendment #2 to the contract
with Stearns and Wheler regarding the Ithaca Wastewater Treatment
Facility's plant capacity upgrade. This amendment adds an
additional $9,800 to the contract for a total of $64,600.
Included in the amendment are provisions for assisting and
completing the dye, and stress testing as required by the DEC,
provides an engineer's representative on site for by-passing of
the treatment plant associated with installation of a new raw
wastewater pump, as well as the preparation of reproducible
November 1, 1995
record prints of drawings showing changes made during the
construction.
There will be no Board meeting on November 22, 1995, the regular
meeting has been rescheduled to November 29, 1995.
COMMUNICATIONS FROM THE MAYOR:
Proclamations
Mayor Nichols announced the following proclamations for November,
1995:
National Home Care Month
Week of Tibet, November 12 - 18, 1995
Arianna Lovett Day, November 4, 1995
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 A Local Law Amending Article II Entitled "City Officers",
Section C-26 (A) of the Ithaca City Charter
By Alderperson Booth: Seconded by Alderperson Johnson
Local Law No. of 1995
City of Ithaca
A Local Law amending Article II entitled "City Officers",
Section C-26(A) of the Ithaca City Charter.
BE IT ENACTED by the Common Council of the City of Ithaca, New
York as follows:
Section 1. Article II entitled "City Officers", Section C-
26(A) of the Ithaca City Charter is hereby amended to read as
follows:
"A. The following officers of the City shall be appointed by
the Mayor in the manner provided herein: Superintendent of
Public Works, Fire Chief, Youth Bureau Director, Building
Commissioner, City Controller, City Clerk, Director of Planning
and Development, City Chamberlain, Personnel Administrator, and
Assistant City Attorney."
Section 2. This law shall take effect immediately upon filing
with the Office of the Secretary of State.
Carried Unanimously
* 15.2 Finance/Chamberlain - Request for Extension for Tax Sale
Redemption
By Alderperson Booth: Seconded by Alderperson Thorpe
WHEREAS, the property owner at 513 North Albany Street has
requested an extension of time for property redemption from the
1992 City Tax sale for the property at 513 North Albany Street,
and
WHEREAS, the Budget and Administration Committee has reviewed the
request and recommends approval of the extension; now, therefore,
be it
RESOLVED, That the existing owner be permitted to redeem the
property at 513 North Albany Street, up to May 1, 1996, for the
total lien amount outstanding, plus additional interest, penalty
and related costs through the date of the redemption.
Carried Unanimously
* 15.3 DPW/Water & Sewer - Request to Transfer Funds
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Water and Sewer Department was authorized in the
1995 Budget to purchase a replacement vehicle at a cost of
$27,000, and
WHEREAS, the Water and Sewer Department has determined that based
on the current needs of the department relating to the Route 96
project and several force account projects, the vehicle funds
November 1, 1995
would be better utilized if a 20-ton Equipment Trailer and
various pieces of equipment (previously transferred by the
Controller's office) were purchased with the funds; now,
therefore, be it
RESOLVED, That the Water and Sewer Department's Authorized
Equipment list be amended as follows:
Delete: One (1) Vehicle $27,000
Add: One (1) 20-ton Equipment Trailer $13,000
and be it further
RESOLVED, That the following Account transfers be made as a
result of said equipment list amendment:
From Accounts:
F8316-215 Vehicles $5,200
G8116-215 Vehicles 7,800
To Accounts:
F8316-225 Other Equipment $5,200
G8116-225 Other Equipment 7,800
Carried Unanimously
* 15.4 Planning & Development - Approval of Bicycle Plan
Consultant Contract
By Alderperson Booth: Seconded by Alderperson Gray
WHEREAS, the City's Bicycle Master Plan Consultant Selection
Committee has reviewed proposals from various consultants for
preparation of the City Bicycle Master Plan and has recommended
that the firm of Trowbridge & Wolf be selected for the contract,
and
WHEREAS, the cost of the Bicycle Master Plan contract will be
$20,000 and includes: data collection, development of a
preliminary master plan, and development of the Final Master
Plan; now, therefore, be it
RESOLVED, That the firm of Trowbridge & Wolf be selected to
prepare the City of Ithaca's Bicycle Master Plan at a cost not to
exceed $20,000, including reimbursables, and be it further
RESOLVED, That said funds will be derived from within Capital
Project #267 Bicycle Facilities, and be it further
RESOLVED, That the approval of said contract is contingent on the
review and approval of the New York State Department of
Transportation Contract Management Bureau.
Carried Unanimously
* 15.5 Youth Bureau - Request to Transfer Funds to Complete Cass
Park Bleacher Project
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, a Cass Park Ice Rink Bleacher project was established by
City resident Joe Cassaniti at a cost of $11,000 funded by
private donations, labor and materials, and
WHEREAS, the project is approximately 90% complete, but the
effort to raise $11,000 fell short by $3,000, and
WHEREAS, the following project works needs to be completed at a
cost of $3,000:
- A screen in front of the bleachers;
- A railing system around the bleachers;
- A wind screen around the bleachers;
now, therefore, be it
November 1, 1995
RESOLVED, That the City of Ithaca finish the Cass Park Ice Rink
project at a cost not to exceed $3,000, and be it further
RESOLVED, That said funds be derived from the Youth Bureau budget
within the building maintenance account.
Carried Unanimously
* 15.6 Common Council - Thanks to Joe Cassaniti for Cass Park
Bleacher Project
By Alderperson Booth: Seconded by Alderperson Thorpe
WHEREAS, there has been a long-standing need for seating for
spectators to watch ice skating sessions and games at Cass Park
Ice Rink, and
WHEREAS, Joe Cassaniti took the initiative to help meet this need
by organizing a group of citizens to raise funds for bleachers,
and
WHEREAS, through long and hard work, Joe Cassaniti and his group
have been successful in:
- raising funds to purchase the bleachers
- assisting in their installation and
- securing a donation of paint to spruce up the
spectator area, and
WHEREAS, the City is pleased to match this citizen initiative
with funds for a windscreen to increase the comfort of skating
spectators, and
WHEREAS, these additions at Cass Park greatly enhance the
facility and make it a better community gathering place, thereby
improving the quality of life for our residents; now, therefore,
be it
RESOLVED, That the City of Ithaca hereby expresses full and
grateful appreciation to Joe Cassaniti and other Cass Park
supporters in their successful efforts to improve this important
local resource.
Carried Unanimously
* 15.7 Finance/Controller - Request Authorization to Cover Red
Accounts
By Alderperson Booth: Seconded by Alderperson Shenk
RESOLVED, That the City Controller be empowered to make transfers
within the 1995 Budget appropriations, as needed, for the
remainder of the 1995 Fiscal Year.
Carried Unanimously
* 15.8 Finance/Controller - Request Approval of 1995 Amended NYS
Retirement Incentive Program Participants
By Alderperson Booth: Seconded by Alderperson Efroymson
WHEREAS, the City enacted Local Law #2, August 30, 1995, adopting
the 1995 Retirement Incentive Program (Chapter 12, Laws of 1995
as amended), and
WHEREAS, the applicable departments have carefully evaluated the
effects of adjusting the following targeted positions where
required, or the replacement of experienced personnel where
authorized by Chapter 12 of the Laws of 1995, while meeting the
City's obligation under the amended legislation to save a minimum
of 50% of the targeted salaries for two years, inclusive of the
City's increased payments to the Retirement System, and
WHEREAS, based on such examination, and subject to operational
adjustments and considerations recognized in concept as a part of
this resolution, departments have determined that in each
instance services and related supervision can be provided on a
November 1, 1995
reasonable basis, should the employees involved in the following
targeted positions exercise their option to retire during the
authorized open period; now, therefore, be it
RESOLVED, That the following positions and incumbent employees be
targeted for inclusion in the 1995 Targeted Retirement Incentive
Program (Chapter 12, Laws of 1995 as amended):
Engineering Technician, Water and Sewer Division, Department
of Public Works, John DeBell
Assistant Chief Water Treatment Plant Operator, Department of
Public Works, Robert N. Simpson
Carried Unanimously
Consideration of Local Law # -1995 Amending Local Law #2-1995
Extending the Retirement Incentive Program - Emergency Message
Mayor Nichols stated that he has issued an emergency message
indicating the necessity of considering Local Law # -1995 which
amends Local Law #2-1995, re-establishing the 90-day time period
in which City employees may elect to join the Retirement
Incentive Program. The 90-day period would now start on October
2, 1995 and end on December 31, 1995.
Mayor Nichols stated that by issuing this emergency message, the
procedures required relating to laying this Local Law on table
seven (7) calendar days in advance of consideration are hereby
waived.
* 15.9 A Local Law Amending Local Law #2-1995 Re-establishing
the 90 Day Time Period of the Retirement Incentive Program as
Authorized by Chapter 12, Laws of 1995 for Eligible Employees of
the City of Ithaca
By Alderperson Booth: Seconded by Alderperson Hanna
LOCAL LAW NO.
OF THE YEAR 1995
A Local Law Amending Local Law #2-1995 Re-establishing the 90 Day
Time Period of the Retirement Incentive Program as Authorized by
Chapter 12, Laws of 1995 for Eligible Employees of the City of
Ithaca
BE IT ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1. The City of Ithaca hereby elects to provide all its
eligible employees with a retirement incentive
program authorized by Chapter 12, Laws of 1995 as
amended.
Section 2. The commencement date of the retirement incentive
program shall be October 2, 1995.
Section 3. The open period during which eligible employees may
retire and receive the additional retirement
benefit, shall be 90 days in length.
Section 4. The actuarial present value of the additional
retirement benefits payable pursuant to the
provisions of this local law shall be paid as one
lump sum or in five annual installments. The
amount of the annual payment shall be determined
by the Actuary of the New York State and Local
Employees' Retirement System, and it shall be paid
by the City of Ithaca for each employee who
receives the retirement benefits payable under
this local law.
Section 5. This act shall take effect November 1, 1995.
Carried Unanimously
November 1, 1995
Budget Meetings
Alderperson Booth announced that the City will hold budget
meetings on November 8,14,15,20,27,28. They will all be held in
the Common Council Chambers of City Hall, and will all start at
7:30 p.m. There will be a formal public hearing regarding the
consideration of the final budget at the November 28, 1995
meeting.
ECONOMIC DEVELOPMENT COMMITTEE:
* 16.1 Local Area Development Corp.
By Alderperson Mackesey: Seconded by Alderperson Johnson
WHEREAS, municipalities are empowered by New York State enabling
legislation to create local development corporations which, among
other things, expand employment, promote and facilitate the
economic development of the community, and strengthen and enhance
existing business centers, and
WHEREAS, no such organization exists which specifically serves
the needs of the City of Ithaca in its efforts to especially
strengthen and revitalize its various business districts, and
WHEREAS, a local development corporation represents a partnership
between the private, public and not for profit sectors dedicated
to public purpose, civic minded economic development activities
for the general welfare of the residents of the City, and
WHEREAS, the activities that the local development corporation
will be engaged in generally comprise activities which are
outside the ordinary scope of services provided by local
government such as property acquisition for specific economic
development objectives, direct lending activity and facilitating
access to funding agencies not available to municipalities, and
WHEREAS, a local development corporation can enhance the
confidence of private sector businesses in working with the
community, through the partnership represented by the LDC, in
revitalizing its various business districts, and
WHEREAS, the creation of a local development corporation will
broaden the community’s ability to facilitate economic
development and business center revitalization; now, therefore,
be it
RESOLVED, That Common Council authorizes the establishment of the
Ithaca Local Development Corporation (ILDC) pursuant to the terms
and conditions defined in the Ithaca Local Development
Corporation Bylaws, and be it further
RESOLVED, That the Mayor be authorized, upon the advice of the
City Attorney and Director of the Department of Planning and
Development, to file all documents necessary to implement the
establishment of the ILDC.
Ithaca Local Development Corporation
Bylaws
1. Mission:
(a) The mission of the Ithaca Local Development Corporation
(ILDC) is to serve as a private, not-for-profit organization,
dedicated to public purpose, civic-minded economic and community
development activities for the general welfare of the residents
of the City of Ithaca. The ILDC represents a partnership between
public, private and not-for-profit sectors to enhance economic
and social conditions in Ithaca.
2. Activities:
(a) The activities of the ILDC shall include, but are not limited
to: the creation and betterment of employment opportunities,
particularly for persons of low and moderate incomes; the
November 1, 1995
provision of job training to individuals to improve or develop
their capabilities for such jobs; the expansion of the City’s
real property base; the remediation of physical conditions
detrimental to the health of neighborhoods; the strengthening and
enhancement of existing retail and business centers; the
expansion of recreational and cultural opportunities for the
residents of Ithaca; the promotion of good planning and urban
design; and the promotion of scientific research for the purpose
of attracting to or encouraging new industry in Ithaca.
(b) The ILDC shall have the powers to buy, sell or lease real
property; to make loans, grants and equity investments for the
purposes of business creation and expansion; to apply for and to
act as a conduit for public funds; to undertake general
activities involving the development, management or betterment of
land and improvements and to undertake activities appropriate to
its mission of civic-minded economic and community development,
including financial involvement in for-profit development.
(c) The jurisdiction of the ILDC shall primarily be the City of
Ithaca; however, the ILDC is authorized to engage in appropriate
activities outside the City of Ithaca so long as the primary
benefits of the activities are for the City of Ithaca and its
residents.
3. ILDC Legal Status:
(a) The ILDC is a public benefit corporation. The ILDC shall
have tax exempt status, per Section 501(c)(3) of the Internal
Revenue Code and Section 1411 (6) of the New York State Not-For-
Profit Corporation Law. The ILDC shall be a Type C Corporation
under Section 201 of the Not-For-Profit Corporation Law.
4. The Ithaca Local Development Corporation Board of Directors:
(a) The ILDC is to be governed by a Board of Directors
representative of the Ithaca community. The Board shall contain
seventeen voting members. A quorum shall be two-thirds of those
serving on the Board at the time a decision is to be made.
Decisions shall be made by a majority vote of those members in
attendance. Exceptions will be made for decisions which involve a
sum in excess of $10,000, including entering into contracts
involving over $10,000, and issues relating to membership
selection. These exceptions shall require a majority vote of the
Board’s full membership.
(b) The ILDC’s Board shall include representatives of human
service agencies, civic organizations, labor unions, neighborhood
groups, the financial and business community, economic
development organizations, and City of Ithaca government. The
intent is that a number of diverse viewpoints be represented in
the functioning of the ILDC while also providing for a membership
with the technical capacity to undertake an active development
program. The ILDC shall work to maintain a diversity of
representation in the membership of the Board as vacant seats are
filled, including a diversity based on race and ethnicity,
gender, and geographic representation within the City of Ithaca.
(c) The ILDC’s initial membership shall be determined in the
following manner:
(i) The Mayor of Ithaca shall serve, and shall appoint with the
consent of the Common Council two representatives from the Common
Council.
(ii) The Mid-State Central Labor Council, or other group
representative of organized labor, shall name one member, who
shall be a resident of the City of Ithaca.
November 1, 1995
(iii) The Human Services Coalition, or its successor or
equivalent organization, shall name two representatives from
separate human service organizations. The agencies represented
shall be among those operating in the City of Ithaca for the
benefit of the City’s low and moderate income populations and for
populations with special needs, although the agencies do not need
to have their offices in the City.
(iv) The Mayor shall appoint, with the consent of the Common
Council, three representatives from neighborhood organizations,
environmental groups, or the community at large, all of whom
shall be City of Ithaca residents;
(v) The Mayor shall appoint, with the consent of the Common
Council, four representatives from the fields of business, real
estate and financial services, including at least two
representatives from the banking or financial field;
(vi) The Mayor shall appoint, with the consent of the Common
Council, one representative of an economic development or
business development agency operating in the City of Ithaca;
(vii) The Ithaca Urban Renewal Agency shall appoint one
representative from its membership or an adjunct member serving
on an IURA committee;
(viii) The Mayor shall appoint, with the consent of the Common
Council, one representative from the educational or job training
sector;
(ix) The Mayor shall appoint, with the consent of the Common
Council, one representative from the Community Arts Partnership
or similar organization representing the arts community in the
City’s Central Business District.
(d) Vacancies on the Board shall be filled through the following
process:
(i) Vacancies among the two Common Council members shall be
filled by the Mayor appointing, with Common Council consent, a
member(s) of the City Common Council as a replacement(s);
(ii) The Mid-State Central Labor Council or other group
representative of organized labor shall name one member to
replace a vacancy in the Board representing organized labor.
This person shall be a resident of the City of Ithaca;
(iii) The Human Services Coalition (or its successor or an
equivalent organization) shall name representatives from separate
human service organizations to fill vacancies among the two Board
positions representing human service concerns. The agencies
represented shall be among those operating in the City of Ithaca
for the benefit of the City’s low and moderate income populations
and for populations with special needs, although the agencies do
not need to have their offices in the City of Ithaca;
(iv) The ILDC Board shall appoint representatives from
neighborhood organizations, environmental groups, or the
community at large, all of whom shall be City or Ithaca
residents, to fill vacancies among the three seats reserved for
representatives of these categories;
(v) The ILDC Board shall appoint representatives from the fields
of business, real estate and financial services, to fill
vacancies among the four seats reserved for such representatives.
The membership shall include at least two representatives from
the banking or financial field;
(vi) The ILDC Board shall appoint one representative of an
economic development or business development agency operating in
the City of Ithaca to fill the vacancy for a representative from
such agencies;
November 1, 1995
(vii) The Ithaca Urban Renewal Agency Board shall appoint one
representative from its membership or an adjunct member serving
on an IURA committee to fill a vacancy in the seat reserved for
an IURA appointee.
(viii) A vacancy from the educational and job training sector
shall be filled by the Mayor appointing, with the consent of
Common Council, a representative from the educational and job
training sector.
(ix) The Community Arts Partnership shall appoint a
representative from the arts community to replace a vacancy in
the Board representing the arts community. In the event the
Community Arts Partnership ceases to exist, the Common Council
will designate a new entity it deems appropriate to take its
place.
(e) The Director of the City Department of Planning and
Development shall serve, ex-officio, as the Secretary and
Treasurer for the Board, but will not be a member and shall not
have voting privileges.
(f) The Board shall have the power to appoint committees,
including an Executive Committee, and to delegate tasks to such
committee(s). The Board may delegate the approval of contracts of
a routine or administrative nature to the Chairperson, an
executive director, an executive committee, or other person or
committee deemed appropriate by the Board.
(g) The Board shall elect a chairperson by a majority vote of the
membership.
5. Terms of Board Membership:
(a) Members shall be appointed for three-year terms, except for
Common Council Members, who shall serve for two-year terms, and
the Mayor, who shall serve ex-officio. However, in order to
stagger terms, the following shall apply to the initial Board
named:
(i) One representative from the three seats representing
neighborhood organizations, environmental groups, or the
community at large shall be appointed for a three-year term, a
second for a two-year term, and the third for a one-year term.
(ii) Two representatives from the business, real estate and
finance fields shall be appointed for three-year terms, and one
each for a two-year term and a one-year term.
(iii) One representative of the human service field shall be
appointed for a two-year term, and one for a three-year term.
(b) All appointments to less than a three-year term are eligible,
upon completion of their first term, to a full three-year term on
the ILDC.
(c) Members may serve no more than six consecutive years.
Individuals may return to the Board after at least a one year
absence. These conditions do not apply to the Mayor. Members
appointed to initial terms of less than three years shall serve
for only the initial term and one full term before being required
to take a one year minimum absence from Board membership.
6. Staff:
The Director of Planning and Development shall serve as the
Secretary and Treasurer of the ILDC. The ILDC shall be staffed
initially by the City of Ithaca’s Department of Planning and
Development and by the staff of the Ithaca Urban Renewal Agency.
The commitment of staff support by the Department of Planning and
Development shall be subject to approval on an annual basis by
November 1, 1995
Common Council. The Board is also authorized to hire general
staff, legal, engineering, and other technical and support
services as needed.
7. Meetings:
(a) The Board shall meet on a regular basis to be determined by
the membership, but no less than three meetings of the Board
shall be held per annum. One meeting shall be held in January of
each year, and shall serve as the annual meeting for the purpose
of selecting and seating new members and officers.
(b) The meetings of the ILDC shall be open to the public and
votes taken in open public session, with the exception of the
following:
(i) Sessions when personnel and membership matters are discussed;
(ii). Sessions for negotiation or discussion of contracts, loan
or lease agreements, and sessions where information of a
proprietary or confidential nature relative to a private or not
for profit organization is presented.
(iii) Discussion of law suits and legal matters.
(c) Decisions made in executive session will be reported to the
public as soon as appropriate.
(d) The ILDC shall produce minutes, an annual report and
financial statements which shall all be available to the public.
8. Officers:
(a) At its January meeting the ILDC shall elect its officers for
the year. The officers shall include a chairperson and vice-
chairperson.
(b) The Director of Planning and Development for the City of
Ithaca shall be ex-officio the secretary/treasurer. The
Secretary/Treasurer shall be responsible for keeping minutes of
meetings, records management, recording correspondence,
bookkeeping, day-to-day financial management and other
responsibilities as assigned by the Board.
9. Financial Management:
(a) The Board of the ILDC may authorize any officer or agent to
enter into contracts, leases and other legal and financial
documents on behalf of the ILDC, so long as the requirements of
Sections 4(a) and 4(f) are met.
(b) The Board may authorize the secretary/treasurer and other
officers and members to sign checks and other financial documents
on behalf of the ILDC. Two authorized signatures of the ILDC
shall be required for each financial document.
(c) The Board shall designate a bank(s) or other financial
institution(s) to provide financial services for the ILDC.
(d) The Board may receive gifts and contributions on behalf of
the ILDC and apply for and manage grants from federal and state
agencies.
(e) The ILDC is authorized to borrow funds for purposes of civic-
minded economic and community development.
(f) The ILDC shall be audited on a regular basis according to
generally accepted accounting practices and the laws of New York
State.
10. Assets:
November 1, 1995
(a) The Board may sell, purchase, lease or otherwise engage in
transactions involving real estate and real property.
(b) The Board may make interest-bearing investments with ILDC
assets.
11. Code of Ethics:
Members of the Board of Directors and ILDC staff will abide by
the conditions of the following code of ethics:
It is not possible to identify every potential area of conflict
that members could encounter. Therefore, each member of the ILDC
Board of Directors shall conduct her/himself in a manner which
will not publicly embarrass or cause suspicion to be brought upon
the ILDC and its activities, or jeopardize the public trust which
the ILDC holds.
Therefore, members shall not sponsor or vote for projects or
activities from which they, or their family or organizations with
which they are affiliated (such as an employer) will gain, or may
reasonably be expected to gain, some material advantage. Also,
members will not abuse their knowledge about, and access to
information about, ILDC activities.
Board members shall be required to affirm their willingness to
agree to the ILDC’s Code of Ethics.
12. City Support
Participation in the ILDC by the City of Ithaca may be withdrawn
upon a majority vote by the City of Ithaca Common Council.
13. Amendments to By-Laws.
(a) The by-laws may be amended or repealed by a two-thirds vote
of the full Board of Directors. A proposal for a change(s) may
be made at any meeting, with the change(s) to be voted on at a
subsequent meeting.
(b) Sections 4(c), 4(d), 7 (b)(c)(d), and 12 of the by-laws may
not be amended or repealed by the Board of Directors without the
approval of the City of Ithaca Common Council.
Alderperson Mackesey noted several changes made to the By-laws at
the last Economic Development meeting.
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Shenk
RESOLVED, That the following words be added to the end of 13.b:
"In the event that the City of Ithaca withdraws its
participation, this section will no longer apply."
Extensive discussion followed on the amending resolution.
A vote on the amending resolution resulted as follows:
Ayes (9) - Efroymson, Shenk, Mackesey, Booth, Johnson, Gray,
Thorpe, Sams, Schroeder
Nay (1) - Hanna
Carried (9-1)
Alderperson Hanna suggested that in 4(c)(ii), the words "other
group representative of organized labor" be stricken and the
words "its successor or equivalent organization" be inserted in
their place. The same language change should be made in (d)(ii).
No Council member objected.
Amending Resolution
By Alderperson Hanna: Seconded by Alderperson
November 1, 1995
RESOLVED, That in 7(b)(i), the words "and membership" be deleted
from the sentence.
The Motion failed for lack of a second.
Amending Resolution
By Alderperson Hanna: Seconded by Alderperson Shenk
RESOLVED, That in 2(a) the words "but are not limited to:" be
stricken.
Discussion followed on the floor with Deputy Director Sieverding
addressing the Amending Resolution.
A vote on the Amending Resolution resulted as follows:
Ayes (2) - Booth, Hanna
Nays (8) - Shenk, Mackesey, Sams, Efroymson, Johnson, Schr
Motion Fails (2-8)
Alderperson Booth noted for the record that the City Attorney has
been directed to draft, and incorporate into appropriate
documents, an indemnity clause in favor of the City of Ithaca.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
The Ithaca Local Development Corporation Bylaws, as amended, are
as follows:
Ithaca Local Development Corporation
Bylaws
1. Mission:
(a) The mission of the Ithaca Local Development Corporation
(ILDC) is to serve as a private, not-for-profit organization,
dedicated to public purpose, civic-minded economic and community
development activities for the general welfare of the residents
of the City of Ithaca. The ILDC represents a partnership between
public, private and not-for-profit sectors to enhance economic
and social conditions in Ithaca.
2. Activities:
(a) The activities of the ILDC shall include, but are not limited
to: the creation and betterment of employment opportunities,
particularly for persons of low and moderate incomes; the
provision of job training to individuals to improve or develop
their capabilities for such jobs; the expansion of the City’s
real property base; the remediation of physical conditions
detrimental to the health of neighborhoods; the strengthening and
enhancement of existing retail and business centers; the
expansion of recreational and cultural opportunities for the
residents of Ithaca; the promotion of good planning and urban
design; and the promotion of scientific research for the purpose
of attracting to or encouraging new industry in Ithaca.
(b) The ILDC shall have the powers to buy, sell or lease real
property; to make loans, grants and equity investments for the
purposes of business creation and expansion; to apply for and to
act as a conduit for public funds; to undertake general
activities involving the development, management or betterment of
land and improvements and to undertake activities appropriate to
its mission of civic-minded economic and community development,
including financial involvement in for-profit development.
(c) The jurisdiction of the ILDC shall primarily be the City of
Ithaca; however, the ILDC is authorized to engage in appropriate
activities outside the City of Ithaca so long as the primary
November 1, 1995
benefits of the activities are for the City of Ithaca and its
residents.
3. ILDC Legal Status:
(a) The ILDC is a public benefit corporation. The ILDC shall
have tax exempt status, per Section 501(c)(3) of the Internal
Revenue Code and Section 1411 (6) of the New York State Not-For-
Profit Corporation Law. The ILDC shall be a Type C Corporation
under Section 201 of the Not-For-Profit Corporation Law.
4. The Ithaca Local Development Corporation Board of Directors:
(a) The ILDC is to be governed by a Board of Directors
representative of the Ithaca community. The Board shall contain
seventeen voting members. A quorum shall be two-thirds of those
serving on the Board at the time a decision is to be made.
Decisions shall be made by a majority vote of those members in
attendance. Exceptions will be made for decisions which involve a
sum in excess of $10,000, including entering into contracts
involving over $10,000, and issues relating to membership
selection. These exceptions shall require a majority vote of the
Board’s full membership.
(b) The ILDC’s Board shall include representatives of human
service agencies, civic organizations, labor unions, neighborhood
groups, the financial and business community, economic
development organizations, and City of Ithaca government. The
intent is that a number of diverse viewpoints be represented in
the functioning of the ILDC while also providing for a membership
with the technical capacity to undertake an active development
program. The ILDC shall work to maintain a diversity of
representation in the membership of the Board as vacant seats are
filled, including a diversity based on race and ethnicity,
gender, and geographic representation within the City of Ithaca.
(c) The ILDC’s initial membership shall be determined in the
following manner:
(i) The Mayor of Ithaca shall serve, and shall appoint with the
consent of the Common Council two representatives from the Common
Council.
(ii) The Mid-State Central Labor Council, its successor or
equivalent organization shall name one member, who shall be a
resident of the City of Ithaca.
(iii) The Human Services Coalition, or its successor or
equivalent organization, shall name two representatives from
separate human service organizations. The agencies represented
shall be among those operating in the City of Ithaca for the
benefit of the City’s low and moderate income populations and for
populations with special needs, although the agencies do not need
to have their offices in the City.
(iv) The Mayor shall appoint, with the consent of the Common
Council, three representatives from neighborhood organizations,
environmental groups, or the community at large, all of whom
shall be City of Ithaca residents;
(v) The Mayor shall appoint, with the consent of the Common
Council, four representatives from the fields of business, real
estate and financial services, including at least two
representatives from the banking or financial field;
(vi) The Mayor shall appoint, with the consent of the Common
Council, one representative of an economic development or
business development agency operating in the City of Ithaca;
November 1, 1995
(vii) The Ithaca Urban Renewal Agency shall appoint one
representative from its membership or an adjunct member serving
on an IURA committee;
(viii) The Mayor shall appoint, with the consent of the Common
Council, one representative from the educational or job training
sector;
(ix) The Mayor shall appoint, with the consent of the Common
Council, one representative from the Community Arts Partnership
or similar organization representing the arts community in the
City’s Central Business District.
(d) Vacancies on the Board shall be filled through the following
process:
(i) Vacancies among the two Common Council members shall be
filled by the Mayor appointing, with Common Council consent, a
member(s) of the City Common Council as a replacement(s);
(ii) The Mid-State Central Labor Council, its successor or
equivalent organization shall name one member to replace a
vacancy in the Board representing organized labor. This person
shall be a resident of the City of Ithaca;
(iii) The Human Services Coalition (or its successor or an
equivalent organization) shall name representatives from separate
human service organizations to fill vacancies among the two Board
positions representing human service concerns. The agencies
represented shall be among those operating in the City of Ithaca
for the benefit of the City’s low and moderate income populations
and for populations with special needs, although the agencies do
not need to have their offices in the City of Ithaca;
(iv) The ILDC Board shall appoint representatives from
neighborhood organizations, environmental groups, or the
community at large, all of whom shall be City of Ithaca
residents, to fill vacancies among the three seats reserved for
representatives of these categories;
(v) The ILDC Board shall appoint representatives from the fields
of business, real estate and financial services, to fill
vacancies among the four seats reserved for such representatives.
The membership shall include at least two representatives from
the banking or financial field;
(vi) The ILDC Board shall appoint one representative of an
economic development or business development agency operating in
the City of Ithaca to fill the vacancy for a representative from
such agencies;
(vii) The Ithaca Urban Renewal Agency Board shall appoint one
representative from its membership or an adjunct member serving
on an IURA committee to fill a vacancy in the seat reserved for
an IURA appointee.
(viii) A vacancy from the educational and job training sector
shall be filled by the Mayor appointing, with the consent of
Common Council, a representative from the educational and job
training sector.
(ix) The Community Arts Partnership shall appoint a
representative from the arts community to replace a vacancy in
the Board representing the arts community. In the event the
Community Arts Partnership ceases to exist, the Common Council
will designate a new entity it deems appropriate to take its
place.
(e) The Director of the City Department of Planning and
Development shall serve, ex-officio, as the Secretary and
Treasurer for the Board, but will not be a member and shall not
have voting privileges.
November 1, 1995
(f) The Board shall have the power to appoint committees,
including an Executive Committee, and to delegate tasks to such
committee(s). The Board may delegate the approval of contracts of
a routine or administrative nature to the Chairperson, an
executive director, an executive committee, or other person or
committee deemed appropriate by the Board.
(g) The Board shall elect a chairperson by a majority vote of the
membership.
5. Terms of Board Membership:
(a) Members shall be appointed for three-year terms, except for
Common Council Members, who shall serve for two-year terms, and
the Mayor, who shall serve ex-officio. However, in order to
stagger terms, the following shall apply to the initial Board
named:
(i) One representative from the three seats representing
neighborhood organizations, environmental groups, or the
community at large shall be appointed for a three-year term, a
second for a two-year term, and the third for a one-year term.
(ii) Two representatives from the business, real estate and
finance fields shall be appointed for three-year terms, and one
each for a two-year term and a one-year term.
(iii) One representative of the human service field shall be
appointed for a two-year term, and one for a three-year term.
(b) All appointments to less than a three-year term are eligible,
upon completion of their first term, to a full three-year term on
the ILDC.
(c) Members may serve no more than six consecutive years.
Individuals may return to the Board after at least a one year
absence. These conditions do not apply to the Mayor. Members
appointed to initial terms of less than three years shall serve
for only the initial term and one full term before being required
to take a one year minimum absence from Board membership.
6. Staff:
(a) The Director of Planning and Development shall serve as the
Secretary and Treasurer of the ILDC. The ILDC shall be staffed
initially by the City of Ithaca’s Department of Planning and
Development and by the staff of the Ithaca Urban Renewal Agency.
The commitment of staff support by the Department of Planning and
Development shall be subject to approval on an annual basis by
the Common Council. The Board is also authorized to hire general
staff, legal, engineering, and other technical and support
services as needed.
7. Meetings:
(a) The Board shall meet on a regular basis to be determined by
the membership, but no less than three meetings of the Board
shall be held per annum. One meeting shall be held in January of
each year, and shall serve as the annual meeting for the purpose
of selecting and seating new members and officers.
(b) The meetings of the ILDC shall be open to the public and
votes taken in open public session, with the exception of the
following:
(i) Sessions when personnel and membership matters are discussed;
(ii). Sessions for negotiation or discussion of contracts, loan
or lease agreements, and sessions where information of a
proprietary or confidential nature relative to a private or not
for profit organization is presented.
November 1, 1995
(iii) Discussion of law suits and legal matters.
(c) Decisions made in executive session will be reported to the
public as soon as appropriate.
(d) The ILDC shall produce minutes, an annual report and
financial statements which shall all be available to the public.
8. Officers:
(a) At its January meeting the ILDC shall elect its officers for
the year. The officers shall include a chairperson and vice-
chairperson.
(b) The Director of Planning and Development for the City of
Ithaca shall be ex-officio the secretary/treasurer. The
Secretary/Treasurer shall be responsible for keeping minutes of
meetings, records management, recording correspondence,
bookkeeping, day-to-day financial management and other
responsibilities as assigned by the Board.
9. Financial Management:
(a) The Board of the ILDC may authorize any officer or agent to
enter into contracts, leases and other legal and financial
documents on behalf of the ILDC, so long as the requirements of
Sections 4(a) and 4(f) are met.
(b) The Board may authorize the secretary/treasurer and other
officers and members to sign checks and other financial documents
on behalf of the ILDC. Two authorized signatures of the ILDC
shall be required for each financial document.
(c) The Board shall designate a bank(s) or other financial
institution(s) to provide financial services for the ILDC.
(d) The Board may receive gifts and contributions on behalf of
the ILDC and apply for and manage grants from federal and state
agencies.
(e) The ILDC is authorized to borrow funds for purposes of civic-
minded economic and community development.
(f) The ILDC shall be audited on a regular basis according to
generally accepted accounting practices and the laws of New York
State.
10. Assets:
(a) The Board may sell, purchase, lease or otherwise engage in
transactions involving real estate and real property.
(b) The Board may make interest-bearing investments with ILDC
assets.
11. Code of Ethics:
Members of the Board of Directors and ILDC staff will abide by
the conditions of the following code of ethics:
It is not possible to identify every potential area of conflict
that members could encounter. Therefore, each member of the ILDC
Board of Directors shall conduct her/himself in a manner which
will not publicly embarrass or cause suspicion to be brought upon
the ILDC and its activities, or jeopardize the public trust which
the ILDC holds.
Therefore, members shall not sponsor or vote for projects or
activities from which they, or their family or organizations with
which they are affiliated (such as an employer) will gain, or may
November 1, 1995
reasonably be expected to gain, some material advantage. Also,
members will not abuse their knowledge about, and access to
information about, ILDC activities.
Board members shall be required to affirm their willingness to
agree to the ILDC’s Code of Ethics.
12. City Support
Participation in the ILDC by the City of Ithaca may be withdrawn
upon a majority vote by the City of Ithaca Common Council.
13. Amendments to By-Laws.
(a) The by-laws may be amended or repealed by a two-thirds vote
of the full Board of Directors. A proposal for a change(s) may
be made at any meeting, with the change(s) to be voted on at a
subsequent meeting.
(b) Sections 4(c), 4(d), 7(b)(c)(d) and 12 of the by-laws may not
be amended or repealed by the Board of Directors without the
approval of the City of Ithaca Common Council. In the event that
the City of Ithaca withdraws its participation, this section will
no longer apply.
RECESS:
Common Council recessed at 8:45 p.m. and reconvened at 8:55 p.m.
PLANNING COMMITTEE:
* 17.1 Memorandum of Understanding Between the City of Ithaca
and Tompkins County Concerning the Construction of a County
Office Building on West State Street
By Alderperson Schroeder: Seconded by Alderperson Gray
WHEREAS, Tompkins County is considering the construction of an
approximately 65,000 square foot office building on the 300 block
of West State Street, and
WHEREAS, the construction of this office building is a welcomed
public investment in the West State Street area that may act as
an inducement to private investment that will lead to a
revitalization of this important area of the City’s Central
Business District, and
WHEREAS, the design, review and approval, construction and
operation of the proposed office building will only be realized
by the City of Ithaca and Tompkins County working cooperatively
with each other in the development of this project, and
WHEREAS, there are issues regarding parking, zoning, site plan
and environmental review, and infrastructure that must be
resolved in order to realize this project, and
WHEREAS, the framework for resolving these development issues
must be established and agreed to by the City and County in order
for the County to make its final site location decision, and
WHEREAS, the Memorandum of Understanding between the City of
Ithaca and Tompkins County defines this framework by describing
how these development issues will be resolved; now, therefore, be
it
RESOLVED, That the Common Council agrees to the terms of the
Memorandum of Understanding and authorizes the Mayor to execute
this document on behalf of the City of Ithaca.
Memorandum of Understanding
November 1, 1995
Between the City of Ithaca and Tompkins County
Concerning the Construction of a County Office Building on
West State Street
The County of Tompkins, a municipal corporation having its
principal place of business at 320 North Tioga Street, Ithaca, NY
and herein after referred to as the “County”, intends to
construct an office building, parking lot and associated site
improvements for its offices of the Social Services, Probation
and Youth Bureau Departments. The site for this building is
comprised of approximately eight parcels located on Block 2 of
Map 71 in the City of Ithaca.
This Memorandum of Understanding establishes the conditions under
which the County will agree to locate this office building on
this preferred site and the guidelines by which the County and
City of Ithaca will interact during the design, approval,
construction and operation of the new office building herein
after referred to as the “Human Services Building”.
The City of Ithaca, a municipal corporation having its principal
place of business at 108 East Green Street, Ithaca, NY and herein
after referred to as the “City”, and the County agree to the
following:
1. Parking
Although the existing zoning for the sites under consideration
have no on site parking requirement, the City and County
acknowledge that the proposed construction of the DSS
facility will create a parking demand. To meet this demand
51 spaces will be provided, by the County, on the site of
the proposed office building. Additional off street parking
will initially be provided, by the City, with the use of
existing and newly constructed City parking facilities as
follows:
1. 20 spaces to be provided by the City to the County at the
recently reconstructed West State Street Parking lot in
front of the Green Street Firehouse;
2. 70 spaces to be provided by the City to the County at a
new parking lot to be constructed by the City on the north
side of the 200 block of West State Street, otherwise
referred to as Block 3, Map 71.
3. Both lots to be provided with lighting and maintained
to the standards of other off street parking facilities
operated by the City of Ithaca.
4. The lot to be constructed on Block 3, Map 71 shall be
completed and made available no later than July, 1998.
5. The County will purchase no fewer than the 90 parking
permits for the spaces referred to above beginning with the
first day of the month the building is occupied by any
County Department. Purchases of the parking permits shall
continue for a period of 240 months commencing upon
occupancy of the building. The rate for the parking permits
shall be $40 per month for the first year with increases of
no more than the average rate of increase for other city
parking permits, but in any event no more than 5% per year.
6. The County will release to the City the balance of
funds in the Mental Health Building escrowed parking account
within 60 days following the start of construction of the at
grade parking lot on Block 3, Map 71 in the City. Following
the completion of the parking lot construction, the County
will commence making 20 annual payments, no later than March
31 of each year, to the City in the amount of $31,000.
Payments will continue for so long as the building is
occupied by a County department or until the City
November 1, 1995
establishes a Parking Benefit Assessment District which
includes the County like any other property owner in the
district and the County’s beginning to make payments
pursuant to the requirements of the benefit assessment
district. The $31,000 annual payment will end once a
Parking Benefit Assessment District that includes this
property is established.
7. The City will not extend the zones for 1 and 2 hour
parking nor install additional meters within a two block
radius of the preferred site.
8. At no time will the City request any payment in lieu
of taxes with respect to this building, site or the
activities which are performed within so long as the
property is owned or occupied by the County.
9. The City and County, furthermore, agree that the
future impact of parking generated by the proposed new
office building will be assessed as required and at no more
than a three year interval. If such an assessment shows a
parking impact on the neighborhoods surrounding the proposed
facility, the City and County agree to negotiate a mutually
acceptable plan than may include the provision of more off
street parking, the evaluation of the restriction on the
geographic extent of time limited or metered parking and
park and ride, incentives and other measures to encourage
the use of public transit.
10. The City and County agree to work together to
develop an incentive program for City and County employees
to encourage and promote the use of public transportation,
car pooling and other traffic reducing measures as a means
of commuting to work.
2. Zoning.
The site under consideration is primarily in the B-2c zone.
There is a 50-foot maximum building height provision in the
B-2c zone. The County has proposed, in its schematic
design, a four story building. The City recognizes that it
may not be possible to construct the proposed building with
an appropriate level amenity and parking on the proposed
site if the height limitation is strictly adhered to. The
City agrees to take reasonable steps to accommodate the
County should a minimum adjustment to the height limitation
in this zone be necessary to accommodate the proposed four
story building. The means by which this could be achieved
are either through a variance by the Board of Zoning Appeals
or through a rezoning by the Common Council or by any
agreement to waive the zoning requirements for this
building.
3. Site Plan Review
The City stipulates that the site plan review for this
facility by the City’s Planning and Development Board is an
advisory process. The City will encourage the Planning and
Development Board to review any proposal for a DSS facility
on that site in an expeditious and cooperative manner.
4. Environmental Quality Review Regulations.
Recognizing that the Site Plan Review process is advisory, the
County, as the agency primarily responsible for the action,
should be lead agency for the review. It is recognized that
the Planning and Development Board should be given the
opportunity to comment on the County’s lead agency status
and assume involved agency status.
5. Public Infrastructure
November 1, 1995
The City recognizes that improvements to the environment and
appearance of West State Street is a multiyear effort that
will require a phased implementation. To initiate this
effort, the Mayor and Common Council will include in the
1996 budget a $100,000 public infrastructure improvement
project. This project will be focused on enhancing the
pedestrian environment on West State Street and will at
least include improved street lighting, street landscaping,
curbs and sidewalks. The lighting shall be provided so that
pedestrians experience light levels on both sides of the
street within the improvement area that conform to ANSI/IES
(American National Standards Institute and Illuminating
Engineers Society) standards for commercial and residential
uses. The City will consult with the County and other
property owners on West State Street on the specific design
details of this project before its implementation.
The City agrees to connect the Human Services Building to
the downtown fiber optic network by installing a conduit
from the proposed building that is connected to the rest of
that downtown network. Specific network connections to be
arranged between County and City Engineering Departments.
6. County Office Building
The County shall purchase land, perform demolition,
environmental remediation, design, construction of an office
building for the Departments of Social Services, Probation
and Youth Bureau. The building shall be available for
occupancy no later than January, 1999. The County agrees to
provide approximately 180 square feet of finished office
space in the Human Services Building for the Community
Policing Program. This space will be equipped with
electrical outlets, lighting, telephone jacks and network
hookup.
It is understood by both parties that this agreement is
subject to the annual appropriation of funds by the County
of Tompkins Board of Representatives and the City of Ithaca
Common Council. It is also understood that this agreement
supersedes the Mental Health Building Agreement.
CITY OF ITHACA COUNTY OF TOMPKINS
_____________________ _________________________
Mayor Benjamin Nichols Stuart Stein, Chairman
______________________ _________________________
Date Date
Extensive discussion followed on the floor with Planning and
Development Deputy Director Sieverding answering questions from
Council members.
Alderperson Booth suggested that the words "Subject to the
possible modifications described in Item #9 below," be added to
the beginning of Subsection #7, under Parking.
No Council member objected.
Alderperson Schroeder suggested that the date "November 1, 1995"
be added under the Memorandum of Understanding heading, and also
in the final Resolved clause of the Resolution.
Alderperson Schroeder further suggested that in the first
paragraph of the MOU, the eight parcels involved should be
identified as follows: "the block bounded by West State, North
Plain, West Seneca and North Albany Streets", and place
parenthesis around "Tax Map 71, Block 2". He further noted that
the streets should be listed in Item #2 as follows: "70 spaces to
be provided by the City to the County at a new parking lot to be
constructed by the City on the block bounded by West State, North
November 1, 1995
Albany, West Seneca and North Geneva Streets (Tax Map 71, Block
3)."
Alderperson Schroeder suggested that in the lead-in paragraph of
#1 Parking, the words "at least" be added before the words "51
spaces".
Alderperson Schroeder requested in the Item #9 of Parking, the
words "consideration of" be added before the words "park and
ride" and the comma (,) after "park and ride" be moved to after
the word "incentives".
Alderperson Schroeder stated that in the last paragraph of #6,
County Office Building, after the words "Mental Health Building
Agreement, the words "dated June 24, 1992" be added.
Alderperson Schroeder also suggested a number of non-substantive
minor spelling and wording changes.
No Council member objected.
Alderperson Booth suggested that in the second Whereas clause of
the Resolution, after the words "private investment that" the
following be added: ",in conjunction with this County Building,".
Alderperson Booth further requested that the record reflect that
it is Common Council's understanding that the City is only
considering building 70 parking spaces relating to this project.
No Council member objected.
Main Motion As Amended
A vote on the Resolution and the County Memorandum of
Understanding as Amended resulted as follows:
Carried Unanimously
The Resolution and Memorandum of Understanding, as Amended, shall
read as follows:
WHEREAS, Tompkins County is considering the construction of an
approximately 65,000 square foot office building on the 300 block
of West State Street, and
WHEREAS, the construction of this office building is a welcomed
public investment in the West State Street area that may act as
an inducement to private investment that, in conjunction with
this County building, will lead to a revitalization of this
important area of the City’s Central Business District, and
WHEREAS, the design, review and approval, construction and
operation of the proposed office building will only be realized
by the City of Ithaca and Tompkins County working cooperatively
with each other in the development of this project, and
WHEREAS, there are issues regarding parking, zoning, site plan
and environmental review, and infrastructure that must be
resolved in order to realize this project, and
WHEREAS, the framework for resolving these development issues
must be established and agreed to by the City and County in order
for the County to make its final site location decision, and
WHEREAS, the Memorandum of Understanding between the City of
Ithaca and Tompkins County defines this framework by describing
how these development issues will be resolved; now, therefore, be
it
RESOLVED, That the Common Council agrees to the terms of the
Memorandum of Understanding dated November 1, 1995, and
authorizes the Mayor to execute this document on behalf of the
City of Ithaca.
November 1, 1995
Memorandum of Understanding
Between the City of Ithaca and Tompkins County
Concerning the Construction of a County Office Building on West
State Street
November 1, 1995
The County of Tompkins, a municipal corporation having its
principal place of business at 320 North Tioga Street, Ithaca, NY
and hereinafter referred to as the “County,” intends to construct
an office building, parking lot and associated site improvements
for its offices of the Social Services, Probation and Youth
Bureau Departments. The site for this building is comprised of
approximately eight parcels located on the block bounded by West
State, North Plain, West Seneca and North Albany Streets (Tax Map
71, Block 2) in the City of Ithaca.
This Memorandum of Understanding establishes the conditions under
which the County will agree to locate this office building on
this preferred site and the guidelines by which the County and
City of Ithaca will interact during the design, approval,
construction and operation of the new office building hereinafter
referred to as the “Human Services Building.”
The City of Ithaca, a municipal corporation having its principal
place of business at 108 East Green Street, Ithaca, NY and
hereinafter referred to as the “City,” and the County agree to
the following:
1. Parking
Although the existing zoning for the sites under
consideration have no off street parking requirement,
the City and County acknowledge that the proposed
construction of the DSS facility will create a parking
demand. To meet this demand at least 51 spaces will be
provided, by the County, on the site of the proposed
office building. Additional off street parking will
initially be provided, by the City, with the use of
existing and newly constructed City parking facilities
as follows:
1. 20 spaces to be provided by the City to the
County at the recently reconstructed West State Street
parking lot in front of the Central Fire Station;
2. 70 spaces to be provided by the City to the County
at a new parking lot to be constructed by the City on
the block bounded by West State, North Albany, West
Seneca and North Geneva Streets (Tax Map 71, Block 3).
3. Both lots to be provided with lighting and
maintained to the standards of other off street parking
facilities operated by the City of Ithaca.
4. The lot to be constructed on Block 3, Map 71
shall be completed and made available no later than
July, 1998.
5. The County will purchase no fewer than the 90
parking permits for the spaces referred to above
beginning with the first day of the month the Human
Services Building is occupied by any County Department.
Purchases of the parking permits shall continue for a
period of 240 months commencing upon occupancy of the
building. The rate for the parking permits shall be
$40 per month for the first year with increases of no
more than the average rate of increase for other city
parking permits, but in any event no more than 5% per
year.
November 1, 1995
6. The County will release to the City the balance
of funds in the Mental Health Building escrowed parking
account within 60 days following the start of
construction of the at grade parking lot on Block 3,
Map 71 in the City. Following the completion of the
parking lot construction, the County will commence
making 20 annual payments, no later than March 31 of
each year, to the City in the amount of $31,000. These
payments will continue for so long as the building is
occupied by a County department or until the City
establishes a Parking Benefit Assessment District which
includes the County like any other property owner in
the district and the County’s beginning to make
payments pursuant to the requirements of the benefit
assessment district. The $31,000 annual payment will
end once a Parking Benefit Assessment District that
includes this property is established.
7. Subject to the possible modifications described
in Item #9 below, the City will not extend the zones
for 1 and 2 hour parking or install additional meters
within a two block radius of the preferred site.
8. At no time will the City request any payment in
lieu of taxes with respect to this building, site or
the activities which are performed within so long as
the property is owned or occupied by the County.
9. The City and County, furthermore, agree that the
future impact of parking generated by the proposed new
office building will be assessed as required and at no
more than a three year interval. If such an assessment
shows a parking impact on the neighborhoods surrounding
the proposed facility, the City and County agree to
negotiate a mutually acceptable plan than may include
the provision of more off street parking, the
evaluation of the restriction on the geographic extent
of time limited or metered parking and consideration of
park and ride incentives, and other measures to
encourage the use of public transit.
10. The City and County agree to work together to
develop an incentive program for City and County
employees to encourage and promote the use of public
transportation, car pooling and other traffic reducing
measures as a means of commuting to work.
2. Zoning
The site under consideration is primarily in the B-2c
zone. There is a 50-foot maximum building height
provision in the B-2c zone. The County has proposed,
in its schematic design, a four story building. The
City recognizes that it may not be possible to
construct the proposed building with an appropriate
level of amenity and parking on the proposed site if
the height limitation is strictly adhered to. The City
agrees to take reasonable steps to accommodate the
County should a minimum adjustment to the height
limitation in this zone be necessary to accommodate the
proposed four story building. The means by which this
could be achieved are either through a variance by the
Board of Zoning Appeals or through a rezoning by the
Common Council or by an agreement to waive the zoning
requirements for this building.
3. Site Plan Review
The City stipulates that the site plan review for this
facility by the City’s Planning and Development Board
is an advisory process. The City will encourage the
Planning and Development Board to review any proposal
November 1, 1995
for a DSS facility on that site in an expeditious and
cooperative manner.
4. Environmental Quality Review Regulations
Recognizing that the site plan review process is
advisory, the County, as the agency primarily
responsible for the action, should be lead agency for
the review. It is recognized that the Planning and
Development Board should be given the opportunity to
comment on the County’s lead agency status and assume
involved agency status.
5. Public Infrastructure
The City recognizes that improvements to the
environment and appearance of West State Street is a
multi-year effort that will require a phased
implementation. To initiate this effort, the Mayor and
Common Council will include in the 1996 budget a
$100,000 public infrastructure improvement project.
This project will be focused on enhancing the
pedestrian environment on West State Street and will at
least include improved street lighting, street
landscaping, curbs and sidewalks. The lighting shall
be provided so that pedestrians experience light levels
on both sides of the street within the improvement area
that conform to ANSI/IES (American National Standards
Institute and Illuminating Engineers Society) standards
for commercial and residential uses. The City will
consult with the County and other property owners on
West State Street on the specific design details of
this project before its implementation.
The City agrees to make available to the Human Services
Building the downtown fiber optic network by installing
a conduit from the proposed building site that is
connected to the rest of that downtown network.
Specific network connections shall be arranged between
County and City Engineering Departments.
6. County Office Building
The County shall purchase land, perform demolition,
environmental remediation, design, and construction of
an office building for the Departments of Social
Services, Probation and Youth Bureau. The building
shall be available for occupancy no later than January,
1999. The County agrees to provide approximately 180
square feet of finished office space in the Human
Services Building for the Community Policing Program.
This space will be equipped with electrical outlets,
lighting, telephone jacks and information network
hookup.
It is understood by both parties that this agreement is
subject to the annual appropriation of funds by the
County of Tompkins Board of Representatives and the
City of Ithaca Common Council. It is also understood
that this agreement supersedes the Mental Health
Building Agreement dated June 24, 1992.
SIGNATURES
November 1, 1995
* 17.2 An Ordinance Revising Section 325-20 Entitled "Off-Street
Parking" of Chapter 325 Entitled "Zoning" of the City of Ithaca
Municipal Code
a. Discussion of Ordinance
Alderperson Schroeder stated that he wished to provide Common
Council members with an opportunity to express any ideas,
questions, or concerns regarding the Off-Street Parking
Ordinance.
Extensive discussion followed on the floor with Council members
expressing numerous concerns regarding the proposed ordinance.
b. Designation of Lead Agency Status for Environmental Review
By Alderperson Schroeder: Seconded by Alderperson Mackesey
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 amendment of Section 325-20 of Chapter 325
of the City Code requires review under the City's Environmental
Quality Review Ordinance; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby
declare itself lead agency for the environmental review of the
proposed amendment of Section 325-20 of Chapter 325.
Carried Unanimously
Proposed Study of Parking Patterns in Neighborhoods Around
Cornell, as Part of the Environmental Review of Cornell
University Rezoning - Report
Alderperson Schroeder stated that the Planning Committee has
endorsed the idea of including a study of parking patterns in the
neighborhoods surrounding Cornell University as part of the
environmental review of the proposed rezoning of Cornell
University. The study would presumably be similar to a study
that was conducted in 1982 for the Collegetown area, and would
investigate who is parking in the neighborhoods, how the parking
patterns change by time of day, who is parking overnight, who is
coming into the neighborhoods to work or go to Cornell, etc.
Alderperson Schroeder explained that staff will draft a proposed
list of the items and research techniques that would be included
in this study for review by the Planning Committee at a future
meeting. The Planning Board, the Board of Public Works and
Cornell will also have the opportunity to make suggestions, as
will residents of affected neighborhoods.
Postering
Alderperson Schroeder stated that the recent article in the
Ithaca Journal was not quite accurate regarding the history of
the postering issue. He stated that considerable planning work
was completed to reach a compromise to the postering situation.
The original idea was to increase enforcement, and in conjunction
with that, provide public postering areas. The Budget &
Administration Committee agreed to establish public postering
areas as long as club owners raised a percentage of the costs.
The club owners indicated that the cost percentage allocated to
them was too high, and so the issue was referred back to the
Budget and Administration Committee.
Alderperson Schroeder suggested that this issue be revisited by
the Budget & Administration Committee.
YOUTH AND HUMAN SERVICES COMMITTEE:
Affirmative Action Resolution
November 1, 1995
Alderperson Shenk announced that a Resolution regarding
strengthening the affirmative action hiring procedure will be
discussed at the December Youth and Human Services Committee
meeting.
INTER-INSTITUTIONAL AND COMMUNITY INFORMATION COMMITTEE:
Internet Project
Alderperson Efroymson noted that the County is moving ahead with
the Internet Project. They are in the process of coming up with
a contract for institutions that want to be included. This
project will be discussed further at the next Inter-Institutional
Committee meeting.
EXECUTIVE SESSION:
By Alderperson Johnson: Seconded by Alderperson Efroymson
RESOLVED, That Common Council adjourn into Executive Session to
discuss the possible acquisition of land.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:40 p.m.
Julie Conley Holcomb Benjamin Nichols
City Clerk Mayor