HomeMy WebLinkAboutMN-CC-2001-10-03
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 October 3, 2001
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Sams, Blumenthal, Manos,
Farrell, Vaughan, Spielho1z, Taylor, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Cafferillo
Deputy Controller – Thayer
Planning and Development Director – Van Cort
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
Assistant Supt. Public Works – Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
Alderperson Sams requested the addition of Item 22.2 - Report &
Recommendation from the 2nd Ward Democratic Committee on the
Tompkins County Board of Representatives vacancy.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Quarterly Recognition Award
Mayor Cohen presented the Quarterly Recognition Award to Ithaca
Police Officer Randy Sterling, for his outstanding work processing
parking ticket appeals and working with the public.
Annual Recognition Award
Mayor Cohen announced that Phyllis Radke, Acting Building
Commissioner was awarded the City of Ithaca Annual Recognition
Award for her outstanding work and leadership in the Building
Department during some very tumultuous times, and her quick return
to work after a very serious back injury. He applauded Ms.
Radke’s dedication to the City of Ithaca.
MAYOR'S APPOINTMENTS:
Bicycle Pedestrian Advisory Board
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That David Kay be appointed to the Bicycle Pedestrian
Advisory Committee with a term to expire December 31, 2003.
Carried Unanimously
Board of Zoning Appeals
By Mayor Cohen: Seconded by Alderperson Blumenthal
RESOLVED, That Kenneth Reardon be appointed to the Board of
Zoning Appeals with a term to expire December 31, 2001.
Carried Unanimously
October 3, 2001
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COMMUNICATIONS:
City Clerk Holcomb read the following statement into the record:
“The City of Ithaca is required by the United States Department
of Housing and Urban Development to annually report on its
progress in implementing the community development block grant
program. The annual report known as the performance assessment
report or PAR is available for public comment. The City has
prepared a PAR for its CDBG funded programs of 1995, 1996 which
is a three comprehensive grant, 1997, 1998, and 1999. These
reports outline the activities funded by each grant and measuring
the respective performances. Activities funded after 1999, are
administered by the New York Governor’s office for small cities
and subject to different reporting requirements.
Copies of the PAR will be available for review from October 24-
30, 2001, in the City’s Community Development Office, third
floor, City Hall, 108 East Green Street. Citizens should comment
in writing to the address above before 4:30 p.m. on 10/30/01.
These comments will be forwarded to HUD.”
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Fay Gougakis, City of Ithaca, addressed Council regarding recent
conduct of the Mayor and City officials, and requested an apology
for defamation of character.
Joel Harlan, Town of Dryden, addressed Council regarding student
block parties, and spoke in support of economic development.
Audrey Cooper, City of Ithaca, addressed Council in support of
the appointment of Leslyn McBean as City representative to the
Tompkins County Board of Representatives.
Leslyn McBean, City of Ithaca, announced her candidacy for the
2nd Ward Representative of the Tompkins County Board of
Representatives. She requested Council’s consideration in the
appointment to fill the 2nd Ward Representative vacancy on the
Tompkins County Board of Representatives.
Kevin McCord, Town of McGraw, TCAT bus driver, voiced his
concerns regarding Route 13/Elmira Road/K-Mart Plaza traffic
flow. He stated that 200 vehicular accidents have occurred at
this intersection in the past ten years, including two
fatalities. He stated that he would like to see affirmative
action taken on this serious issue with a time frame included.
Tish Perlman, Town of Ithaca, Campaign Manager for Leslyn McBean,
spoke in support of Leslyn’s appointment to the 2nd Ward
Representative vacancy on Tompkins County Board of
Representatives.
Lynn Jackier, City of Ithaca, spoke in support of Leslyn McBean
who is committed to resolving conflict and bringing people
together.
Lee Miller, Town of Caroline, representing Tompkins County Public
Library, reported on the latest survey results concerning
proposed bus terminal. He stated that 484 people oppose the
proposed bus terminal near library; 34 people are in favor of the
proposed location. He requested that the City schedule an inter-
active public meeting after the Moynihan report is received.
October 3, 2001
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Phyllis Radke, Acting Building Commissioner, thanked the
employees of the City of Ithaca for her nominations for the
Annual Recognition Award. She stated that she wanted everyone to
realize that there are hundreds of other employees that were just
as deserving, and could have easily received that award. She
stated that a lot of people focus on negative criticism about the
City, but there are hundreds of employees in Ithaca that would be
willing, like the people in NYC City, to go into buildings to try
to save people including the Ithaca Fire and Building
Departments. She stated that she truly believes that City of
Ithaca employees would do anything to preserve the lives and the
safety of residents. She thanked the employees for honoring her
this way, and stated that she is very proud to be an employee of
the City of Ithaca.
David Whitmore, City of Ithaca, echoed Mr. McCord’s concerns
regarding delaying the traffic light at Route 13 – K-Mart/Ithaca
Shopping Plaza. He further spoke in support of Leslyn McBean for
Tompkins County Board of Representatives.
RESPONSE TO THE PUBLIC:
Alderpersons Blumenthal and Vaughan addressed comments to Mr.
Harlan regarding his disrespectful language, and asked him to
refrain from name calling, and other offensive language in the
future.
Alderperson Hershey stated for the record, that he did not
suggest to Joel Harlan that he not become involved in politics.
He did suggest to him however, that when he comes here and talks,
to refrain from disparaging and absolutely false terms about a
community that is a safe, and friendly place.
Alderperson Sams stated that she agrees with what has been said
concerning Mr. Harlan’s comments. She extended an apology to Fay
Gougakis for being treated poorly in the community.
Alderperson Farrell extended her apology to Ms. Gougakis for her
actions at a previous Council meeting.
Mayor Cohen requested a written copy of Mr. McCord’s comments. He
stated that the Route 13 corridor is under the jurisdiction of
the NYSDoT. He stated that he would be happy to forward Mr.
McCord’s comments to NYSDoT and advocate for his ideas.
Mayor Cohen further addressed comments made by Mr. Miller
regarding the survey taken by the Tompkins County Public Library.
He questioned the validity and objectivity of such a survey that
is posted in front of a sign that says “books or buses” and
proceeds to give all the reasons why a transportation center is a
bad idea.
Mayor Cohen thanked Phyllis Radke for her remarks, and stated
that the City of Ithaca is blessed with numerous employees that
go above and beyond their assigned duties. He stated that
Phyllis is a shining example, and only one example of the many
fine employees who work often under very trying conditions, and
yet still provide excellent service to the public. He thanked
Ms. Radke and the rest of the City of Ithaca employees for their
continued dedicated service to the City.
October 3, 2001
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COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams noted that members of the community voiced
concerns to her regarding a verbal commitment that was made to
Council, through the IURA, by the Boatyard Grill regarding
minority hiring. One of the issues raised when the City awarded
funding to the Boatyard Grill was what type of oversight was
appropriate to ensure that the promises made, would be kept. She
requested that this matter, along with the broader issue of
commitment oversight, be referred to a future meeting for further
discussion.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen proclaimed the month of October “Cooperative” month
recognizing the value of cooperatives for the benefits they
provide to our community. He stated that a proclamation will be
read at the Greenstar Cooperative Annual meeting.
Mayor Cohen also proclaimed the week of October 7 – 13, 2001,
“Fire Prevention Week”. He presented Fire Chief Wilbur with a
formal proclamation.
Fire Chief Wilbur noted that he wanted to take this opportunity
to reflect on the events that have taken place after the
September 11, 2001 terrorist attack on America. He wanted to
share the overwhelming reaction of the people of the Ithaca Fire
Department, and in the fire service across the country and the
world, regarding the tragedy that happened in New York City. He
stated that it has been extremely emotional for many, and
surprising to have it reflect back the way it has. He expressed
his sincere appreciation for the support of the community now and
all year long.
Mayor Cohen stated that the reaction has been extraordinary, both
locally and nationally. He stated that he had the opportunity to
travel to New York City last week and visited the site of the
World Trade Center. The situation makes many in our community
feel helpless. He stated that he believes the recent initiative
undertaken by the Ithaca Journal, with the assistance of the
Ithaca Fire Department, for a letter writing campaign has been
really helpful. Over 2,000 letters were submitted, some of the
most poignant ones were written by the young people in the
community. These were youngsters 5, 6, 7 years old who didn’t
have a complete grasp of what had happened, but were able to
express the emotions in their hearts. He stated that he knows
that these words were truly appreciated by the members of the
Ithaca Fire Department, and hopes they will also be appreciated
by the members of the New York City Fire Department to whom those
letters have been delivered.
Mayor Cohen stated that Common Council members have received the
2002 fiscal year budget. He stated that he would present a full
budget message at the first budget meeting on October 9, 2001.
He highlighted the following:
The total budget amount is approximately 41,000,000, and he is
proposing a 3.64% property tax increase. He has not proposed
lay-offs or reductions to Community Service contracts this year.
Additional development at Cornell will provide increased permit
October 3, 2001
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fees; the recent reductions in interest rates will result in an
approximate savings of $200,000 on bond anticipation notes; there
are vacant positions that will not be funded in the 2002 budget.
In anticipation of the expansion of Bolton Point, and the
expansion of the wastewater treatment services, he has proposed a
6% increase in water fees and a 10% increase in sewer fees.
There will be no increase in trash tag fees this year. He noted
that he reluctantly had to reduce staff development funds. He
left money in the budget for organization-wide training, and
there is also some money in departmental accounts for training
that is directly related to certification/re-certification
purposes. He stated that he would discuss these points in depth
next week.
CONSENT AGENDA:
16.1 Chamberlain – Approval of Tax Penalty Waiver Request
By Alderperson Manos: Seconded by Alderperson Spielholz
WHEREAS, the owners of 313 Columbia Street have submitted
evidence that the payment of the 2nd installment of 2001 City
taxes on their property was lost in the mail; now, therefore, be
it
RESOLVED, That pursuant to the guidelines set forth by Common
Council on June 6, 2001, the penalty on the 2001 City 2nd
Installment Taxes be waived.
Carried Unanimously
16.2 Chamberlain – Approval of Tax Penalty Waiver Request
By Alderperson Manos: Seconded by Alderperson Spielholz
WHEREAS, the owner of 117-125 Pearl Street has requested a waiver
of penalty on 2nd installment of 2001 City taxes because she did
not receive the tax bill; now, therefore, be it
RESOLVED, That pursuant to the guidelines set forth by Common
Council on June 6, 2001, the request to waive penalty is denied.
Carried Unanimously
16.3 Fire Department – Authorization for Mayor to enter into
Grant Agreement with National Weather Service
By Alderperson Manos: Seconded by Alderperson Spielholz
WHEREAS, the Ithaca Fire Department, to benefit the City’s
Emergency Management program, has sought and is said to have
received preliminary approval for $75,000 in grant assistance
from the Rural Utilities Service (RUS) of the United States
Department of Agriculture to fund installation of a National
Weather Service transmitter to serve the Ithaca area, and
WHEREAS, the transmitter, antenna and other equipment to be
acquired and installed with these grant funds, at no cost to the
City, will extend National Weather Service (NWS) coverage to this
region, greatly enhancing safety of both the community’s resident
population and visitors who use Cayuga Lake for recreational
boating and fishing, and
WHEREAS, Ithaca College has committed to provide its radio
broadcasting tower and transmitter facilities, without charge, to
accommodate this service, an in-kind contribution valued at
$72,000, and the National Weather Service will assume
responsibility for all maintenance and recurring operating costs
once the transmitter is installed, and
October 3, 2001
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WHEREAS, to receive the RUS funding, the City of Ithaca must sign
a Memorandum of Agreement with the National Weather Service,
transferring ownership of the acquired facilities to the weather
service following installation, so that these maintenance and
operating costs can be assumed, and
WHEREAS, the City Attorney has reviewed the standard NWS
Memorandum of Agreement and deemed it satisfactory, but advises
that Common Council formally authorize the Mayor to sign the
Ithaca agreement, once finalized; now, therefore, be it
RESOLVED, That Common Council authorizes Mayor Cohen to enter
into agreement with the National Weather Service, on behalf of
the City of Ithaca, to provide this needed service and enhance
community safety.
Carried Unanimously
HUMAN RESOURCES COMMITTEE:
17.1 The Executive Association - Request for Salary Adjustment
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, On July 4, 2001 Common Council authorized salary
adjustments resulting from a compensation study conducted by
Total Compensation Services, and
WHEREAS, at that time the consultant recommended that increases
be made in no more than 10% increments resulting in two members
receiving only a portion of the amount required to bring the
positions up to the minimum of their salary range, and
WHEREAS, in the 2001 budget Common Council had set aside $10,000
in restricted contingency for salary adjustments pursuant to a
Collective Bargaining Agreement between the Executive Association
and the City of Ithaca, and
WHEREAS, Common Council authorized salary adjustments for the
five positions totaling $6,125 leaving a balance of $3,875, and
WHEREAS, the Director of Human Resources is recommending that the
balance be used to further adjust the salaries of the Director of
Development and the Transit Service Supervisor; now, therefore be
it
RESOLVED, That effective October 1, 2001 the Director of
Development salary be adjusted to $42,164 and the Transit Service
Supervisor salary be adjusted to $39,641, and be it further
RESOLVED, That effective January 1, 2002 the current Transit
Service Supervisor’s salary be adjusted to the minimum of the
range or 3% of the December 31, 2001 Transit Service Supervisor
salary, whichever is greater.
Carried Unanimously
17.2 Request to adopt City-Wide Vision, Mission and Values
Statements:
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, Common Council recognizes that in order to shape the
future for the City of Ithaca work environment a clear vision
that will inspire and motivate the workforce to move in the
desired direction is necessary, and
WHEREAS, Common Council also recognizes that the City vision must
be supported by an aligned mission and values statement, and
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WHEREAS, Common Council strongly believed that the vision,
mission, and values should be developed by the City’s Senior
Management Group comprised of department heads and deputies, and
WHEREAS, the City Senior Staff began the process of defining the
vision, mission and values statement in December of 2000 which
has resulted in a strong consensus; now, therefore be it
RESOLVED, That Common Council adopts the following recommendation
of the City Senior Management group:
Vision: We strive to make Ithaca a Model Community: A great
place to create, dream, live, learn, work, and play.
Mission: We deliver high quality services to preserve and
enhance the well-being of our community
Values: For those we employ and those we serve
People
We believe that:
- people are our greatest asset;
- each person should be respected,
developed, supported and valued
- diversity should be celebrated
through
inclusion
Relationships
We believe in:
- teamwork;
- interdepartmental collaboration;
- responsiveness
- sharing knowledge and expertise.
Excellent Results
We believe in:
- continuous improvement;
- streamlined processes;
- creativity;
- quality service;
- celebrating success.
Mission + Values + Resources = Excellent Results
and, be it further
RESOLVED, That the City-wide vision, mission and values statement
will be communicated to all the workforce, and, be it
RESOLVED, That each department will develop its own department
specific vision and mission statement aligned with the overall
vision, mission, and values statement by June 1, 2002, and, be it
further
RESOLVED, That these statements will be used as the guide when
developing strategies, goals, objectives, action plans, work
plans, policies, procedures and processes.
Alderpersons Vaughan and Sams commended the senior staff on an
excellent job. They stated that the statement is very
comprehensive.
October 3, 2001
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Mayor Cohen clarified that this is a mission statement for the
organization of the City of Ithaca, the organization that employs
people and delivers services. This is not a mission statement
for the City of Ithaca and all its citizens. These statements
will be used as guiding principles for the organization, and the
people that work for it.
A vote on the Resolution resulted as follows:
Carried Unanimously
17.3 Department of Public Works (S&F) - Amendment to the Personnel
Roster
By Alderperson Manos: Seconded by Alderperson Hershey
RESOLVED, that the Personnel Roster of the Department of Public
Works (S&F) be amended as follows:
Delete: One (1) Automotive Mechanic Helper
Add: One (1) Automotive Mechanic
Carried Unanimously
NEIGHBORHOOD & COMMUNITY ISSUES COMMITTEE:
18.1 An Ordinance to Amend Section 317 of the Code of the City of
Ithaca entitled “Vehicles, removal of.”
By Alderperson Pryor: Seconded by Alderperson Spielholz
ORDINANCE 2001- ____
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1. Chapter 317 of the City of Ithaca Municipal Code,
Section 317-8 entitled “Notice of Removal,” subsection C, shall
be amended as follows:
§ 317-8. Notice of removal.
Upon the removal and disposition of any vehicle by order of the
Ithaca Police Department or Department of Public Works, it shall
be the duty of the Ithaca Police Department to ascertain to the
extent possible the owner of the vehicle or person(s) in charge
of the vehicle and notify him/her of the following information as
soon as practicable:
A. That the vehicle has been towed, the location of the vehicle
and the towing and storage costs accruing.
B. That the vehicle may be claimed by paying the accrued costs
or by posting a bond for such charges.
C. That [a review] an investigation of the tow by an impartial
officer designated by the Mayor regarding whether the tow was
authorized by this section may be requested[.] by applying, in
writing, for such investigation within fifteen (15) days of
receipt of notification of towing. Such application for
investigation shall include the reason or reasons the applicant
believes the tow was not authorized.
D. That the owner will be liable for all towing and storage
costs accrued until the vehicle is claimed and released from
storage, unless it is determined that the tow was not authorized.
E. That if the vehicle is not claimed or [a review and/or
hearing] an investigation requested within 15 days, the city
shall confirm a lien against the vehicle for the amount of
accrued towing and storage fees and proceed to sell the vehicle
at public auction as provided by law. Any proceeds of sale shall
October 3, 2001
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be applied first to towing and storage charges. The city shall
retain the balance of the proceeds.
Section 2. Chapter 317 of the City Code of the City of Ithaca,
Section 317-9 entitled “Towing and storage; towing
investigation,” subsection B, shall be amended as follows:
§ 317-9. Towing and storage; towing investigation.
A. After the removal of any vehicle as provided in this
chapter, the person authorizing the removal may cause such
vehicle to be stored in a suitable place. The owner, or persons
in charge of the vehicle, may redeem the vehicle upon payment to
the responsible tow truck operator of the amount of all expenses
actually and necessarily incurred in effecting such removal, but
not to exceed the removal charges as established by Common
Council, or by posting a bond with the City Chamberlain or the
responsible tow truck owner for the cost of said charges.
B. Towing investigation.
(1) In instances where a vehicle was removed by order of the
Ithaca Police Department or Superintendent of Public Works, the
owner, or persons in charge of the vehicle, may request a towing
investigation [by the Mayor and/or a hearing] before an impartial
officer designated by the Mayor to determine whether the towing
of the vehicle is authorized by this chapter. The investigator
will review documents and/or information related to the tow as
provided by the applicant and by the Ithaca Police Department or
Superintendent of Public Works. Such investigation [and/or
hearing] shall be [held] completed within [five] fifteen business
days after the request therefor.
(2) The owner of the vehicle shall be liable for all towing and
storage fees accrued during the time the vehicle remains
unclaimed, or in storage, unless it is determined that the tow
was not authorized by this section.
(3) If it is determined that the tow was not authorized under
this section, the owner of the vehicle shall be discharged from
any obligation for the removal and storage charges. The City of
Ithaca shall be responsible for the removal and storage charges
in all cases where the removal was effected by the Superintendent
of Public Works or by order of the Ithaca Police Department.
(4) If the owner, or persons in charge of the vehicle, do not
claim the vehicle or request [a review and/or hearing] an
investigation within 15 days of being notified of the tow, the
city shall be entitled to assert a lien against the vehicle for
the amount of accrued towing and storage fees and proceed to sell
the vehicle at public auction as provided by law.
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
City Attorney Schwab stated that the most significant change in
the legislation is to dispense with the requirement for a towing
hearing. She stated that the procedure allows for someone who is
debating the appropriateness of the towing of their vehicle to
request a towing investigation. The request for an investigation
would be submitted in writing to an officer that is designated by
the Mayor, which is currently the City Clerk. The investigator
would review documents and information related to the tow, both
as provided by the applicant, and by the agency authorizing the
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tow, either the Department of Public Works or Ithaca Police
Department. After the investigation, and upon consideration of
all the documents and information provided, the investigator
would make a determination as to whether the tow was appropriate
under the City Code. If the applicant is not satisfied with the
investigator’s determination, they would have the right to file
an Article 78 petition, which challenges the official’s decision
in that matter. The provision for an additional towing hearing,
after the investigation, has been removed.
City Attorney Schwab stated that her staff consulted with NYCOM
with a concern for due process rights, and came to the conclusion
that having an investigation with the ability to file an Article
78 petition would be adequate to protect people’s property
interest in their towed vehicle and corresponding fees.
Alderperson Pryor stated that the legislation provides for a
fifteen (15) day time period for the person who had their car
towed to file the request for the investigation. It also provides
fifteen days for the official to conduct the investigation.
A vote on the Ordinance resulted as follows:
Carried Unanimously
18.2 An Ordinance to amend Section 210-81 of the City of Ithaca
Municipal Code entitled “Housing Code” regarding Agent
Authorization.
By Alderperson Pryor: Seconded by: Alderperson Manos
ORDINANCE 2001 - ______
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows:-
Section 1. Legislative Purpose and Intent
The purpose of this ordinance is to ensure a more effective
means of enforcing the Housing Code by requiring owners of rental
property within the City who reside outside of Tompkins County,
and who do not have a principal place of business with the
County, to designate a local agent for purposes of ensuring
compliance with the Housing Code.
The City of Ithaca, by virtue of being located around two
large institutions of higher education, finds itself in a
position of having a significantly high percentage of rental
housing compared to owner-occupied housing. The 2000 census data
reveals that seventy-four (74) per cent of the housing units
within the City of Ithaca are rental units, and only 26 per cent
are owner-occupied housing units. Many of these rental units are
owned by landlords who neither reside within Tompkins County, nor
have a principal place of business within Tompkins County. As a
result, the Building Department faces obstacles in effectively
ensuring compliance with the Housing Codes because there is no
requirement that an “absentee-landlord” must designate a local
agent, and even when they do, the City has no basis on which to
hold such local agent responsible for not complying with the
Housing Codes.
This Ordinance is essential to ensure the safety and health
of City residents.
October 3, 2001
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Section 2. Amendments. Section 210-81 is amended to insert a
new subsection (C), and the old subsection (C) is now “re-
numbered” as subsection (D) as follows:
ARTICLE XIII, Compliance
§ 210-81. Responsibilities of owners.
A. Owners of premises shall be responsible for compliance
with the housing standards and shall remain responsible therefor
in addition to the fact that this Part 3 may also place certain
responsibilities on operators and occupants and in addition to any
agreements between owners and operators or occupants as to which
party shall assume such responsibility. Compliance with this
section shall be a pre-condition to obtaining a certificate of
compliance pursuant to 210-43.
B. Owners of premises shall be responsible for the proper
maintenance, condition and operation of service facilities and for
furnishing adequate heat and hot- water supply in multiple
dwellings.
[C. The name of the owner of the premises and the name of
any person or firm designated by the owner as being responsible
for the care and maintenance of housing used for rental purposes
shall be placed in a prominent location inside or outside the
structure. Such information shall be placed on a card no smaller
than three inches by five inches. The information card shall be
protected from the weather, and the information placed on it shall
be legible at all times. In addition to the name or names required
above, the address and telephone number to be used to obtain
information or report problems with the premises shall be placed
on the information card.]
C. Delegation of Responsibilities to Local Agent. Property
owners who do not reside in Tompkins County or one of its
contiguous counties must file an agency agreement with the City
Building Department designating an agent (i) to be responsible
for all of the responsibilities outlined in this Chapter, and
(ii) to accept service of process on behalf of the property
owner. Property owners residing within Tompkins County or one of
its contiguous counties may delegate the responsibilities
outlined in this Chapter to an agent, so long as at the time of
any violation of this subsection, an agency agreement is on file
in the City Building Department. The property owner and agent
shall both be liable for violations of this Chapter and the City
may bring an enforcement action against either the property owner
or agent, or both. If a property owner who does not reside in
Tompkins County or one of its contiguous counties fails to file
an agency agreement with the Building Department within sixty
(60) days of the effective date of this law, then the City Clerk
shall be deemed to be the owner’s agent for the limited purpose
of accepting service of process on behalf of the owner. All
agency agreements shall be in the form specified by the City
Building Department and shall contain at a minimum the following
information:
(1) the identity of the owner and the agent;
(2) the owner’s and agent’s addresses and current phone
numbers;
(3) the property or properties the agent is accepting
responsibility for;
(4) the beginning and ending date of the agreement; and
October 3, 2001
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(5) the signatures of both the property owner and agent,
along with each party’s date of birth.
The agent must be a resident of, or maintain a principal
place of business in, Tompkins County. Post office boxes
will not be accepted as addresses for agents. The owner
shall be responsible for informing the Building Department
in writing of changes to the owner’s and agent’s addresses
and telephone numbers that occur after the owner files the
agency agreement with the Building Department. The property
owner may not designate a residential tenant as the agent
pursuant to this section, except where such designation is
contained in an employment agreement between the property
owner and the tenant. The employment agreement shall not be
contained in the lease agreement between the property owner
and the tenant, and the tenant’s acceptance of designation
as the agent shall not be a condition of the lease
agreement.
D. The name of the owner of the premises and the name and
telephone number of any person or firm designated by the owner as
being responsible for the care and maintenance of housing used for
rental purposes, and in the case of an out-of-Tompkins County
owner, the name of such owner’s local agent, shall be placed in a
prominent location inside or outside the structure. Such
information shall be placed on a card no smaller than three inches
by five inches. The information card shall be protected from the
weather, and the information placed on it shall be legible at all
times. In addition to the name or names required above, the
address and telephone number to be used to obtain information or
report problems with the premises shall be placed on the
information card.
Section 3. Severability. Severability is intended throughout
and within the provisions of the ordinance. 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 4. Effective Date. This Ordinance shall take effect
immediately and in accordance with law upon publication of notice
as provided in the Ithaca City Charter.
Carried Unanimously
PLANNING COMMITTEE:
19.1 Transportation Enhancement Program Funding Request The
Cayuga Waterfront Trail
By Alderperson Farrell: Seconded by Alderperson Sams
WHEREAS, the Ithaca-Tompkins County Transportation Council has
issued a call letter providing information about the
Transportation Enhancements Program (TEP) of the Transportation
Equity Act for the 21st Century (TEA-21), and
WHEREAS, there are numerous projects in the City of Ithaca which
would benefit from TEP funding, and
WHEREAS, the TEP is a reimbursement program for which the City
must provide a 20% match, either in cash, public or private
donations, in-kind contributions of labor or materials, or other
federal or state funds, and
October 3, 2001
13
WHEREAS, the next phase of the Cayuga Waterfront Trail is
proposed to link the Cass Park Trail to Inlet Island, the
Farmers' Market and the Dey Street crossing of NY Route 13, and
WHEREAS, the Cayuga Waterfront Trail will provide important
transportation connections among areas of recreation, employment,
and shopping, and
WHEREAS, City staff, in consultation with the Director of the
Ithaca-Tompkins County Transportation Council, has recommended
that an application for TEP funding be submitted for the Cayuga
Waterfront Trail, and
WHEREAS, the Planning Committee of Common Council has recommended
that the Common Council authorize submission of the grant
application, now, therefore, be it
RESOLVED, That the Mayor of the City of Ithaca is authorized to
submit an application for TEP funding for the Cayuga Waterfront
Trail, and be it further
RESOLVED, That Common Council agrees to make the necessary match
of 20% of the total project cost in accordance with said grant
program.
Alderperson Hershey questioned if the projects were being
prioritized, or submitted independently.
Planning and Development Director VanCort stated that it was
suggested that the City submit both applications and they will be
ranked by the MPO, and sent to the State to be approved or
denied. He stated that the MPO will rank the projects according
to the criteria they have to evaluate the grants.
Alderperson Blumenthal noted that the Cayuga Trail is part of the
Waterfront Plan, and that is not mentioned in the resolution.
She suggested that this information be included in the
application.
A vote on the Resolution resulted as follows:
Carried Unanimously
19.2 Transportation Enhancement Program Funding Request Elmira
Road Sidewalks
By Alderperson Farrell: Seconded by Alderperson Sams
WHEREAS, the Ithaca-Tompkins County Transportation Council has
issued a call letter providing information about the
Transportation Enhancements Program (TEP) of the Transportation
Equity Act for the 21st Century (TEA-21), and
WHEREAS, there are numerous projects in the City of Ithaca which
would benefit from TEP funding, and
WHEREAS, the TEP is a reimbursement program for which the City
must provide a 20% match, either in cash, public or private
donations, in-kind contributions of labor or materials, or other
federal or state funds, and
WHEREAS, sidewalks do not exist along sections of Meadow Street
and Elmira Road from Six Mile Creek to the south City/Town line,
and
October 3, 2001
14
WHEREAS, the provision of sidewalks and treelawns within this
corridor will improve safety conditions for pedestrians and
persons with disabilities and will provide important connections
to places of employment, shopping, and recreation, and
WHEREAS, such improvements will also go far to provide
landscaping and scenic beautification along a stretch of State
highway within the City limits, and
WHEREAS, City staff, in consultation with the Director of the
Ithaca-Tompkins County Transportation Council, has recommended
that an application for TEP funding be submitted for the Elmira
Road Sidewalks project, and
WHEREAS, the Planning Committee of Common Council has recommended
that the Common Council authorize submission of the grant
application; now, therefore, be it
RESOLVED, That the Mayor of the City of Ithaca is authorized to
submit an application for TEP funding for the Elmira Road
Sidewalks project, and be it further
RESOLVED, That Common Council agrees to make the necessary match
of 20% of the total project cost in accordance with said grant
program.
Alderperson Vaughan stated that she owns property on the Elmira
Road so she will recuse herself from this vote.
Alderperson Manos stated that she will recuse herself from voting
on this resolution because her husband owns property on Elmira
Road.
Alderperson Blumenthal stated that there is no reference to the
Southwest design guidelines and it would seem that it would help
the application to mention those plans.
Mayor Cohen noted that it was pointed out to him, that several
years ago the City planted a number of trees in the City right-
of-way which presumably might be where this sidewalk would be
placed. He questioned if the relocation of these trees has been
incorporated into the cost projections.
Planning and Development Director VanCort stated that several
years ago, the City looked at building sidewalks along this same
stretch of roadway and completed preliminary design work. There
are many complications, including the location of the trees. He
noted that there isn’t adequate, continuous, width for sidewalk
and an 8’ curb lawn before you get to the curb. The design of
this project will have to consider the location of the trees,
drainage, and the width of the curb lawn.
A vote on the Resolution resulted as follows:
Ayes (7) Pryor, Sams, Farrell, Blumenthal,
Spielholz, Hershey, Taylor
Nays (0)
Recusals (2) Vaughan, Manos
Carried
19.3 Resolution Cayuga Waterfront Trail
By Alderperson Farrell: Seconded by Alderperson Pryor
October 3, 2001
15
WHEREAS, the Tompkins County Waterfront Plan (January 1997) was
prepared under the leadership of the Tompkins County Planning
Department and was subsequently accepted by resolution, September
3, 1997 by the City of Ithaca Common Council, and
WHEREAS, one of the central recommendations of the Tompkins
County Waterfront Plan calls for the construction of a waterfront
trail from the eastern edge of Stewart Park to the Black Diamond
trail, and
WHEREAS, the draft NYS local Waterfront Revitalization Program:
Cayuga Lake Waterfront Plan, dated April 26, 2001, also
recommends creation of a trail system throughout Stewart and Cass
Parks and connecting those facilities to each other and to the
Black Diamond, and
WHEREAS, the City of Ithaca’s capital funding for the trail
system has been supplemented by a grant in the amount of
$150,000.00 from the NYS Clean Water, Clean Air Bond Act,
approved in February of 2001, and
WHEREAS, the public funds allocated to the trail system have
been leveraged with substantial private contributions, and
WHEREAS, the trail will be a significant recreational asset for
visitors and residents of the area, built and financed through a
strong public/private partnership, and
WHEREAS, the trail will be located almost entirely on land now
owned or to be acquired by the City of Ithaca and to a lesser
extent the NYS Office of Parks and Historic preservation, and
WHEREAS, design of the Cass Park Loop has been approved and is
soon to be under construction, and
WHEREAS, Common Council wishes to ensure that the location and
design of the rest of the facilities are in the best interest of
the future users of the trail; now, therefore, be it
RESOLVED, That Common Council directs that design for additional
sections of the facilities be referred to Common Council for
review and approval of schematic design, and, be it further
RESOLVED, That this review and approval will include, but not be
limited to trail location, width and materials and other design
elements such as signage, benches and lighting, and be it
further,
RESOLVED, That the projects will not proceed to final design and
construction without a resolution of approval by Common Council
of the schematic design.
Alderperson Blumenthal offered the following Amending Resolution
regarding the addition of language to reflect the character of
the relationship between the City and the Chamber of Commerce:
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Farrell
RESOLVED, That the following language be added as the last
Whereas clauses to the Resolution:
October 3, 2001
16
“Whereas, the Tompkins County Chamber of Commerce has taken a
leadership role in securing grants and fund-raising for the trail
and in cooperatively implementing the trail plan, and
Whereas, the Chamber of Commerce is actively working together
with a City-sponsored client group and Common Council wishes to
ensure that the design for additional sections of the facilities
be referred to Common Council for review and approval of
schematic design; now, therefore, be it”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
19.4 Neighborhood Housing Initiative - Designation of Lead Agency
By Alderperson Farrell: Seconded by Alderperson Sams
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 Neighborhood Housing Initiative will
involve the acquisition of approximately 40 substandard rental
residential properties, their renovation and resale to owner-
occupant homebuyers, and
WHEREAS, the proposed action includes, but is not limited to, the
following steps to implement the program:
1. Ithaca Urban Renewal Agency (IURA) designation of an eligible
and qualified sponsor by the IURA to implement the program;
2. IURA issuance of bonds to finance the program;
3. Common Council binding commitment to pay principal and
interest on the IURA bonds, and
WHEREAS, the Neighborhood Housing Initiative is a “Unlisted”
Action pursuant to CEQR which 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 Neighborhood Housing Initiative program.
Carried Unanimously
19.5 Neighborhood Housing Initiative
By Alderperson Farrell: Seconded by Alderperson Spielholz
WHEREAS, the Ithaca Common Council adopted the Initiative
Proposal on December 5, 2000, and
WHEREAS, the Initiative involves acquisition of substandard
rental residential properties, renovation of these properties and
resale of the properties to owner-occupants, and
WHEREAS, the Initiative will be capitalized through the issuance
of $2 million of bonds by the Ithaca Urban Renewal Agency (IURA)
October 3, 2001
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with principal and interest on these bonds to be repaid by the
City of Ithaca, and
WHEREAS, the Initiative contemplated that the IURA would contract
with Ithaca Neighborhood Housing Services (INHS) to implement the
Initiative, including the acquisition of selected properties, and
WHEREAS, the IURA Attorney and the City’s Bond Counsel advise the
IURA to utilize a competitive procurement process to select an
independent contractor to implement the program, and
WHEREAS, the Initiative establishes a Homeownership Investment
Committee (HIC) charged with selecting properties to acquire,
approving the acquisition price and endorsing proposed sales
agreements, and
WHEREAS, legal counsel further advises that inclusion of INHS
representatives as voting members on the Homeownership Investment
Committee poses a potential conflict of interest as INHS has
responded to an RFQ seeking independent contractors to implement
the program; now, therefore be it
RESOLVED, That the Common Council hereby adopts amendments to the
12/5/00 Neighborhood Housing Initiative Proposal as shown on the
revised proposal dated October 3, 2001.
Extensive discussion followed on the floor regarding the
homeownership initiative, and the renovation opportunities of
rental units along with owner occupied units.
Mayor Cohen stated that this initiative does not guarantee that
any particular type of housing will be retained in its current
form.
Alderperson Hershey commended Mayor Cohen and especially
Alderperson Farrell for her dedication to this issue and for her
efforts in making Ithaca a better place to live.
Alderperson Blumenthal questioned the membership of the Ownership
Investment Committee. The membership as written, consists of the
Mayor, one member of Common Council, an IURA member, and a
knowledgeable real estate person, but also includes the Director
of Community Development. She feels that this gives the
appearance of a conflict of interest because staff is hired to
give the decision makers advice, in this case the staff person
would also be part of the decision making group. She requested
clarification of this issue from the City Attorney.
Alderperson Blumenthal asked Community Development Director Bohn
to explain the plan that will be developed by the IURA to
implement this program.
Community Development Director Bohn stated that the Homeownership
Investment Committee would be overseeing the program. He
expressed the importance of keeping enough flexibility for the
Committee to be able to select appropriate properties, and be
able to acquire properties when they become available.
The Homeownership Investment Committee will select the
properties, determine appropriate purchase prices, and oversee
the contractor hired to perform the rehabilitation. The
Committee will look at the design plan and decide whether it
should involve maintaining the duplex, or taking a three-unit
October 3, 2001
18
property and converting it to a two-unit property. The guide
would be to look at the historical use of that house. If it was
originally a duplex, the initial goal would be to bring it back
to that original look.
The IURA will be going through a process in which they designate
an eligible and qualified sponsor to implement the program, and
then develop a contract to oversee that work. The Homeownership
Investment Committee would have a large role to guide the
process, and would bring any policy changes back to Common
Council for discussion. The Committee will adopt by-laws for
meeting structure, and will be using the initiative plan as the
template and the framework to move forward and implement the
program. They will be using the priority objectives listed in
the plan as a starting point.
Alderperson Blumenthal questioned the language in the initiative
regarding restricting the seller from any future purchase of new
residential rental property when they participate in the program
“when appropriate”.
Community Development Director Bohn responded that there have
been concerns regarding purchasing property from owners who have
maintained a rental unit in sub-standard condition, and then
allowing that person to purchase another property in the City.
This is a voluntary purchase and sale basis, so this kind of a
restriction can only be incorporated into a purchase contract if
the seller is willing to agree with that. The Committee can state
that they will only purchase the property if those conditions are
agreed upon.
Alderperson Sams asked if this could be interpreted as a
discriminatory process against certain landlords or certain
people.
City Attorney Schwab stated that there would have to be a logical
reason for including the restriction, and it could not be a
result of someone’s race or any other protected class.
Alderperson Sams noted that this would require good recordkeeping
regarding the justification of restrictions.
Mayor Cohen stated that it’s the seller’s right to say no if they
don’t want to sign the agreement. If they willingly agree to
enter into a legal contract, they can’t claim discriminatory
practices on the City’s behalf.
City Attorney Schwab suggested that a provision be added for a
periodic review of this program and the properties that have been
included in the program. Included in this review would be the
types of restrictions that are used in the purchase contracts,
how often restrictions are included in contracts, and if the
restrictions have been effective.
Alderperson Blumenthal stated that an annual report is included
in the initiative plan. She requested that the language be
amended to include “written annual report”.
Amending Resolution:
By Alderperson Blumenthal: Seconded by Alderperson Farrell
October 3, 2001
19
RESOLVED, That the word “written” be placed before the words
“annual report” on page 3, fourth bulleted item, fifth line from
the bottom in the initiative plan.
Carried Unanimously
Alderperson Blumenthal requested clarification regarding the
inclusion of income restrictions.
Community Development Director Bohn responded that there would
not be any maximum income restrictions in the initial funding for
this program. It is important however to leave enough
flexibility within the program in case future funding sources
have income limitations for that source of funding.
Alderperson Blumenthal requested that this change be clarified in
writing.
Alderperson Farrell stated that neighborhood housing will still
be able to provide loans to people who qualify for financing for
these homes, so people who have limited income can have access to
purchase these homes.
Mayor Cohen stated that this is market rate housing. There is no
subsidy involved, buyers will have to pay what the market will
bear.
City Attorney Schwab stated that she had completed a quick review
of the question regarding whether the Community Development
Director would have a conflict of interest serving on the
Homeownership Investment Committee. In this situation, the
Community Development Director is not an employee of the City of
Ithaca. He is an employee of a public benefit corporation, the
Ithaca Urban Renewal Agency, which is a separate legal entity from
the City of Ithaca. In his role as a voting member of
Homeownership Investment Committee, he would not be in a position
of self-dealing, or self-profit. This committee would not be
making any decisions having to do with his salary, compensation,
benefits, or the terms and conditions of his employment. There is
no conflict of interest involved in this situation.
Mayor Cohen stated that the Community Development Director would
not be giving the Homeownership Investment Committee advice as a
staff member, he would be bringing his expertise to the
committee.
Main Motion
A vote on the Main Motion resulted as follows:
Carried Unanimously
Alderperson Taylor left the meeting at 8:50 p.m.
19.6 Waiver of Conflict of Interest Regulations for INHS Loan
By Alderperson Farrell: Seconded by Alderperson Sams
WHEREAS, the Ithaca Neighborhood Housing Services (INHS) has
informed the Ithaca Urban Renewal Agency (IURA) that a
prospective participant in the Northside Triangle Housing
Rehabilitation Program is a member of the INHS Board of
Directors, and
WHEREAS, the City of Ithaca was awarded funding for this housing
assistance program to assist low- and moderate-income homeowners
improve their homes as part of the second year increment of the
October 3, 2001
20
3-year 1996 CDBG program and authorized the IURA to administer
the CDBG program, and
WHEREAS, the IURA entered into a subrecipient agreement with INHS
to implement the Northside Triangle Housing Rehabilitation
Program, and
WHEREAS, Mr. Sweet has applied for assistance through the
Northside Triangle Housing Rehabilitation Program to make
plumbing and roof repairs to the home he owns at 405-407 Hancock
Street, and
WHEREAS, Mr. Sweet is a member of the INHS Board of Directors,
and
WHEREAS, conflict of interest regulations (24 CFR 570.611)
governing the CDBG program specify that any officer or appointed
official of a subrecipient agency receiving CDBG funds may not
obtain a financial benefit from a CDBG-assisted activity except
upon written approval of the U.S. Department of Housing & Urban
Development (HUD) of a request for an exception, and
WHEREAS, INHS certifies that Mr. Sweet has not been involved in
any decision-making regarding the design of the program, the
selection of participants, or review and approval of the loan
application, and
WHEREAS, INHS certifies that they have completed extensive
marketing of the program to all eligible homeowners in the target
area and that no inside information about the program was
provided to Mr. Sweet, and
WHEREAS, funding for the program currently exceeds demand, so
should an exception be granted for Mr. Sweet, no other eligible
homeowner will be denied funding under this program as a result
of assistance provided to Mr. Sweet, and
WHEREAS, Mr. Sweet is a member of a group of low- or moderate-
income homeowners within the target area intended to be the
beneficiaries of the Northside Triangle Housing Rehabilitation
program and the exception will permit him to receive generally
the same benefits as are being made available other eligible low-
or moderate-income homeowners in the target area, and
WHEREAS, a written opinion from the IURA Attorney has been
received that no State or local law would be violated by granting
an exception in this case, and
WHEREAS, the potential conflict was disclosed at both the 9/20/01
meeting of the IURA and the 9/19/01 meeting of the Planning
Committee of the Common Council; now, therefore, be it,
RESOLVED, That the Common Council hereby authorizes the Mayor,
upon review by the City Attorney, to submit a formal request to
HUD to grant an exception to the conflict of interest provisions
under 24 CFR 570.611(d) to allow Mr. Joseph C. Sweet to
participate fully in the Northside Triangle Housing
Rehabilitation Program.
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE:
October 3, 2001
21
21.1 DPW – W&S – Authorization to enter into Agreement for IAWWTP
Final Design of Advanced Phosphorus Removal
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the Sewer Joint Subcommittee (SJS) is recommending to
the Ithaca Area Wastewater Treatment Plant owners (IAWWTP) to
enter into a Professional Services Agreement with Stearns and
Wheler to provide the final design for advanced phosphorus
removal at the IAWWTP, and
WHEREAS, the estimated cost for said services would be $412,000
and would take seven months to complete with the opportunity to
move into a bidding and construction phase in the Spring of 2002,
and
WHEREAS, the design of phosphorus removal would be beneficial to
the owners as a result of the following:
A $1,397,500 State Bond Act grant was received in
October, 1998 for phosphorus removal – design of this
project would strengthen a subsequent grant request of
$1,152,500;
The re-rating of the IAWWTP to 13.1 MGD requires a
stringent phosphorus discharge;
Stearns & Wheler has the experience necessary in
phosphorus removal technology and the knowledge of the
IAWWTP;
now, therefore, be it
RESOLVED, That Common Council hereby authorizes the City to enter
into a Professional Services Agreement with Stearns and Wheler,
Inc. for the Final Design of Advanced Phosphorus Removal at IAWWTP
at a cost not to exceed $412,000 contingent upon the Plant
Owner’s, Town of Ithaca’s and Town of Dryden’s approval of same,
and be it further
RESOLVED, That Common Council hereby amends IAWWTP Capital Project
#403J, IAWWTP Improvements, by an amount not to exceed $412,000
for said engineering services, and be it further
RESOLVED, That the City’s share of the professional services
agreement, an amount not to exceed $234,840, shall be advanced
from the Capital Reserve J-1 and later repaid from the issuance of
Serial Bonds through the Environmental Facilities Corporation
(EFC).
Alderperson Farrell asked what the share for the other two
municipalities was.
Alderperson Vaughan stated that it is proportionate to their
ownership, all three municipalities must approve this resolution.
The Town of Ithaca has sent a letter stating that it would like
to the amount $412,000 for engineering services in greater
detail.
Carried Unanimously
21.2 Planning & Development – Establish Capital Project for
Cayuga Green at Six Mile Creek Project Conceptual Design and
Hydrology and Engineering Study
By Alderperson Vaughan: Seconded by Alderperson Pryor
October 3, 2001
22
WHEREAS, Common Council requires the following professional
services as they relate to the proposed Cayuga-Green at Six-Mile
Creek Project:
prepare comparative financial analyses for various
scenarios and combinations of elements
coordinate the preparation and delivery of
conceptual designs and renderings of the project
conduct hydrology and engineering studies to examine
the feasibility and impact of improving access to
and aesthetics of Six Mile Creek, and
WHEREAS, the Monahan Development Corporation has been designated
as preferred developer for the Cayuga-Green project and has also
worked extensively with the firm of QPK Design, Inc., a firm
which has previously performed professional services at the
proposed Cayuga-Green project site in connection with the new
Tompkins County Public Library, and
WHEREAS, T. G. Miller, P.C. has also performed hydrology and
other engineering services for the City of Ithaca with regard to
shoreline projects and are therefore qualified to perform the
studies requested in conjunction with the Six-Mile Creek and
Cayuga-Green project, and
WHEREAS, the estimated cost of stated professional services
would be as follows:
Financial Analysis and Conceptual Design $30,000.00
Hydrology and Engineering Study $15,000.00
now, therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project
#446 Cayuga-Green at Six Mile Creek Design in an amount not to
exceed $45,000.00 to provide said professional services for the
Cayuga-Green Project, and be it further
RESOLVED, That the Mayor is authorized to enter into agreements
with QPK Design, Inc. and/or Monahan Development Corporation for
the financial analysis and conceptual design of Cayuga-Green and
with T. G. Miller, P.C. for hydrology and engineering studies,
and be it further
RESOLVED, that funds necessary for said project shall be
advanced by the General Fund and later repaid from the
issuance of Bonds.
Alderperson Blumenthal question “line of responsibility” in terms
of paying for studies for the Cayuga-Green Project. When Common
Council passed the resolution in July outlining the series of
decisions and events before the project would be approved, there
were a number of analyses identified that have to be done –
environmental, geotechnical, pollution, noise, traffic, parking
demand, housing, commercial, retail and financial plan. The City
has already paid for a parking study, has contributed to the
downtown housing study with the private sector, and is now being
asked to pay for the financial analysis and hydrology study. She
expressed concern about the City’s financial commitment for all
of these studies.
October 3, 2001
23
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, That the following language be added as the last
Whereas clause:
“Whereas other analyses identified by Common Council on July 5,
2001, will need to be completed and an agreement will be
developed to clarify how much money other involved parties will
contribute; now, therefore be it”
Carried Unanimously
Main Motion as Amended
The vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
21.3 Controller’s Office – Authorization of Capital Asset
Threshold
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the Authorized Equipment List Policy was last adjusted
in 1989, increasing the threshold from $200 to $500 for Common
Council approval on equipment acquisition, and
WHEREAS, with the pending need, effective December 31, 2003, to
make dramatic changes to financial statement presentation as a
result of Government Accounting Standards Board (GASB) Statement
34, the City has reviewed the City’s Capital Asset Threshold
level for recording Capital Assets as it relates to said GASB
Statement, and
WHEREAS, among other accounting changes, GASB 34 requires that
Capital Assets be depreciated and the City’s infrastructure
assets need to be reported; i.e.: roads, bridges, curbs, gutters,
street lights, traffic signals, street signs, water and sewer
distribution system and communication systems; now, therefore, be
it
RESOLVED, That Common Council hereby approves the following
threshold levels for the recording of Capital Assets for the City
of Ithaca:
Inventory Control Capitalize & Depreciate
Land greater than $1 Capitalize Only
Land
Improve-
ments greater than $1 $5,000
Building $500 $5,000
Building
Improve-
ments greater than $500 $5,000
October 3, 2001
24
Construc-
tion in
progress “ $500 $5,000
Machinery &
Equipment “ $500 $2,500
Vehicle “ $500 $2,500
Infra-structure“ $500 $7,500
and be it further
RESOLVED, as the City’s Infrastructure assets are established,
reviewed and recorded by the Controller’s Office and Department
of Public Works, it may be necessary to adjust the threshold
level to be sure that the Capital Assets are properly stated.
Carried Unanimously
RECESS:
Common Council recessed at 9:10 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 9:25 p.m.
NEW BUSINESS:
22.1 Possible Motion to Enter into Executive Session to Seek Legal
Counsel
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That Common Council adjourn into Executive Session to
seek legal counsel regarding the potential formation of a Benefit
Assessment District and a matter of litigation.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no formal
action taken.
City Attorney Schwab introduced the following Amending
Resolution:
Postponement of Public Information Sessionof Public Information
SessionPublic Information Session
By Alderperson Hershey: Seconded by Alderperson Spielholz
WHEREAS, on September 19, 2001, Common Council passed a
resolution regarding the possible enactment of a Benefit
Assessment District for the Southwest Area, and
WHEREAS, that resolution set a public information session for
October 10, 2001, and
WHEREAS, to date specific information regarding the formation and
operation of a Benefit Assessment District for the Southwest Area
is not complete and staff is still compiling relevant data, and
WHEREAS, should Common Council enact a local law enabling the
establishment of a Benefit Assessment District for the Southwest
Area, a public hearing is required; now, therefore be it
RESOLVED, That the public information session scheduled for
October 10, 2001 is cancelled.
October 3, 2001
25
Carried Unanimously
(Alderpersons Vaughan & Manos were
absent from the vote)
22.2 Report and Possible Resolution of Second Ward Democratic
Committee:
Alderperson Sams stated that the 2nd Ward Democratic Committee
met last night and there were a couple of items that needed
clarification regarding the decision and recommendation that they
came forward with.
After extensive discussion of different options regarding the
recommendation for filling the 2nd Ward vacancy on the Tompkins
County Board of Representatives, it became necessary to separate
the process that was used, from person that would be recommended.
The committee felt that it was vital that Common Council
understood that this recommendation was considered seriously.
The committee felt that the process was a different issue and
something that would have to be addressed at a later date. She
stated that the Democratic Committee Chair spoke with the New
York State Election Board and found that the process used was
legal.
The committee interviewed two candidates, and voted 9-1 to
recommend that Leslyn McBean fill the 2nd Ward vacancy on the
Tompkins County Board of Representatives until the end of the
year.
Resolution
By Alderperson Sams: Seconded by Alderperson Farell
RESOLVED, That Common Council hereby accepts the recommendation
from the 2nd Ward Democratic Committee and appoints Leslyn McBean
to fill the 2nd Ward vacancy on the Tompkins County Board of
Representatives.
Alderperson Vaughan stated that she would like to afford her
colleagues an opportunity to speak individually with Ms. McBean
to ascertain what her views on various topics are.
Alderperson Hershey stated that as a matter of principle and in
the interest of fairness, he personally can not vote for this
recommendation. He stated that he respects all of the time and
effort the 2nd Ward Democratic Committee has expended, but he
felt that voting for the recommendation would be ratifying a
process that he found rigged and reprehensible.
Alderperson Manos thanked the 2nd Ward Democratic Committee for
putting forward a name for Council to consider this evening since
the thirty day time period to make an appointment is almost over.
She stated that the consideration of the process is not before
Council tonight, the appointment of an individual candidate to
serve until the end of the year, is. She stated that she finds
Leslyn McBean to be capable, qualified, articulate, and she
thinks she will be a great spokesperson for the second district
for the next three months. What happens in the election is up to
the voters. What is before Council, is to decide whether or not
to fill Suzanne Davis’ vacancy with the candidate that has been
brought forward.
Alderperson Spielholz stated that she agrees with Alderperson
Manos, and restated that the process is not what Council is
talking about now. She stated that she had the privilege to
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work with Leslyn on many different projects. She thinks that
Leslyn would be very important in the next three months as a
citizen of the City, and a City representative on the County
Board, as the County is going through very difficult budget
deliberations.
Alderperson Farrell stated that the County budget deliberations
were one of the factors discussed by the 2nd Ward Democratic
Committee. The committee felt that the recommended candidate
would help with the budget process while keeping a City
perspective.
Alderperson Pryor stated that she regrettably was unable to talk
with Leslyn prior to the meeting. She stated that she has known
Leslyn for a long time, has worked with her, has tremendous
respect for her, and thinks that she is a fine candidate.
However, she also feels the same way about LaBerta McGruder who
is one of the other candidates. She has served with LaBerta on
boards, worked with her on various projects, has a great deal of
respect for her, and she thinks that she would also make a fine
candidate. She stated that she believes that any decision made
tonight is going to give an advantage to that candidate in terms
of the election. She feels this would be unfair to the other
candidate and for that reason, she can’t support this nomination.
Alderperson Blumenthal stated that she appreciates that the
County will be making a lot of important budget decisions but she
believes that County Representatives have a County-wide
perspective. She stated that the timing of this vacancy is
highly unfortunate being so close to the election.
Alderperson Sams clarified some of the misinformation that is
circulating about the process. She stated that Suzanne Davis did
not orchestrate the timing of this vacancy. What happened to
Suzanne was a fate that had to do with the loss of her housing
situation. An opportunity arose for her that would allow her to
continue her education. She was offered a home, and sanctuary
and she took it.
A vote on the Resolution resulted as follows:
Ayes (4) Sams, Farrell, Spielholz, Manos
Nays (3) Hershey, Pryor, Vaughan
Abstentions (1) Blumenthal
Motion fails
ADJOURNMENT:
On a motion the meeting adjourned at 10:40 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor
October 3, 2001
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