HomeMy WebLinkAboutMN-CC-2002-05-01 May 1, 2002
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. May 1, 2002
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Blumenthal, Mack, Manos,
Whitmore, Vaughan, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Cafferillo
Deputy Controller – Thayer
Superintendent of Public Works – Gray
City Chamberlain – Parsons
Human Resources Director – Michell-Nunn
EXCUSED:
Alderperson Sams
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning & Development Committee:
Alderperson Manos requested the substitution of Item 9.2A – Sale
of City Surplus Properties - Designation of Lead Agency Status.
Neighborhood & Community Issues:
Alderperson Whitmore requested the addition of Item 12.3 - West
Spencer Street Resolution - Discussion.
New Business:
Mayor Cohen requested the addition Item 13.2 – July Meeting Date
– Discussion, and Item 13.3 – Emerson Tax Abatement – Discussion.
No Council Member objected.
COMMUNICATIONS/PROCLAMATIONS
Mayor Cohen proclaimed the month of May as Mental Health Month.
He further proclaimed the week of May 1-7, 2002, as Child Mental
Health Week.
Mayor Cohen proclaimed May 4, 2002, as Suicide Prevention Day. He
further proclaimed the week of May 4-11, 2002 as Suicide
Prevention Week.
Mayor Cohen proclaimed the month of May as the National Bike
Month.
Mayor Cohen proclaimed May, 2002 as Art Month.
Mayor Cohen proclaimed May 11, 2002 as Jack Miller Day. He noted
that Jack Miller recently retired after serving as the Tompkins
County Fire Emergency Medical Services and Disaster Coordinator
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for thirty years. He stated that the community owes Mr. Miller a
debt of gratitude and wished him well on his future endeavors.
SPECIAL ORDER OF BUSINESS:
City of Ithaca Quarterly Employee Recognition Award
Alderperson Peterson read the nomination for Ken Harding,
Supervisor, Water & Sewer Division submitted by Guy
VanBenschoten, Assistant Chief, Ithaca Fire Department.
She stated that the reason for the nomination is for promoting
inter-departmental support and relations, and also of note, Ken
has been employed for the City for 35 years.
Mayor Cohen stated that he would like to add his appreciation to
Mr. Harding. He stated that he has had the opportunity to work
with Ken; he is an exceptional employee, and an example of the
many fine people we have working for the City.
Alderperson Peterson read the nomination for Leslie Chatterton
and Tim Logue - Department of Planning and Development.
She stated that the quarterly recognition award is also being
presented to them for successful neighborhood planning in Ithaca;
especially of note, the neighborhood based planning initiatives
on the Northside.
Leslie Chatterton thanked the Mayor and Council for the
opportunity to be involved in the Northside Initiative Project.
She stated that it has been a tremendous experience, and she and
Tim appreciate all the help and support they have received.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Larry Beck, City of Ithaca, addressed Council regarding the
widening of West Spencer Street. He stated that the proposed
street configuration protects two residential homes, but neglects
to preserve a buffer zone, and parking for the two rental
properties that he manages. He suggested that parking be
continued as far south as 224 West Spencer Street, and that the
tree buffer/tree lawn be extended. He further suggested that the
“jog” be continued further south so that he can have short term
parking for his tenants as well as maintenance and utility
vehicles, visitors, etc.
Adrienne Loh, City of Ithaca, addressed Council to express her
appreciation to members of Council, in particular the
Neighborhood & Community Issues Committee, who have worked hard
to try to come up with the most equitable way of widening West
Spencer Street while minimizing the impact on everybody on that
street. She further stated her support for the current street-
widening proposal.
John Simon, City of Ithaca, addressed Council on behalf of the
CANDO Neighborhood Association. He stated that the Tanana Gas
Station at 311 S. Corn Street has underground tanks that are
leaking toxic materials into the neighborhood. The Neighborhood
Association has reviewed the proposed mitigation alternatives,
and are interested in pursuing the second alternative that
involves using CBDG funds to assist with the higher level clean
up, leaving the site fit for uses which do not require below
ground facilities.
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He further asked about the status of the park that was approved
in October, 2000 for the end of Cleveland Avenue. He has
canvassed the neighborhood for their thoughts on the park; two
neighbors expressed concerns, one was regarding potential
litigation, the other expressed a desire for livable housing on
the site. No one stated that they would like to have the
residential zone moved and converted into a commercial zone.
Stanton Loh, City of Ithaca, stated that he and his wife, along
with Laurie Dahl have worked extensively with the Neighborhood
and Community Issues Committee, and the result of that work is
the current street-widening proposal. He voiced his support for
the Resolution and asked for Council’s support as well.
Laurie Dahl, City of Ithaca, thanked the Council members who
worked on the Spencer Street resolution. She stated that she
believes the attentiveness to detail and the caution at which
they proceeded has produced a liveable solution, while
maintaining the function of the new Spencer Street roadway.
Neil Oolie, City of Ithaca, addressed Council regarding the
proposed Home Depot site. He stated that Home Depot is going to
include a Home and Garden Center that will be storing toxic
chemicals, herbicides, and pesticides. He expressed concern
about the possibility of chemical spillages and run-off that will
go into the retention ponds on public parkland. He asked Council
to plan appropriately for these types of incidents.
Joel Harlan, Town of Dryden, addressed Council regarding economic
development issues.
Fay Gougakis, City of Ithaca, announced that the Oregon Bicycle
and Pedestrian Plan has arrived and is available to the public.
She further addressed issues regarding Common Council receiving
information for consideration, and a vote, at the last minute.
She asked the Mayor to address this issue as she does not think
that it is appropriate for Council to take action without being
given time to fully understand the material they are considering.
Ms. Gougakis also stated that she has met with the Chair of the
County Ethics Board and was informed that ethics complaints made
against City Officials must be submitted by either a Council
member, or a City employee. She stated that she has asked her
Council representative, Dan Cogan, to represent her concerns.
She further voiced her concern regarding ethics questions
surrounding the Mayor.
RESPONSE TO THE PUBLIC:
Alderperson Pryor responded to comments made about the retention
ponds and the southwest natural area. She stated that the area
does not receive heavy use, as it has never been developed as the
other parks have. This area has been designated as a natural
area, and most likely will not be used for family outings and
picnics, etc.
Alderperson Manos responded to comments made by Mr. Oolie and
Alderperson Pryor, and stated that regardless of how the natural
area is used, precautions must be taken to assure that any
businesses in that area will not be leaking harmful, hazardous,
chemicals into the retention ponds.
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She further responded to comments made regarding the Spencer
Street Widening Proposal and stated that she thinks the N& CI
Committee has done an excellent job with the resolution. She
stated that Mr. Beck’s concerns should be taken into
consideration before action is taken on this legislation.
Alderperson Hershey addressed comments made about the West
Spencer Street project. He commended the N & CI Committee for
the work they have done; and also expressed to the Loh’s and
Dahl’s, that the dignity, grace, constructive resolve, and
engagement that they brought to this discussion has not only
served them well, but also the entire City.
Alderperson Cogan responded to comments made by Ms. Gougakis
regarding ethics inquiries. He stated that in March, members of
the public come before Council with complaints about ethical
violations, failures to fill out the disclosure forms, and a call
for the creation of an Ethics Board. At that time, we told them
that there was a County Ethics Board that could address their
grievances. It has since been discovered that citizens have no
standing to bring concerns before the County Ethics Board,
regardless of the merits of the complaints. He stated that he
thinks that it is imperative that there be a procedure for people
to follow through on perceived violations of the ethics laws. He
stated that if there is no way of enforcing the existing ethics
laws, they are effectively useless. He asked Council to review
this legislation and procedures. In lieu of a City process,
Alderperson Cogan offered to sponsor Ms. Gougakis, if she wishes,
and bring her concerns before the County Ethics Board.
Alderperson Whitmore stated that he would like to respond to
comments made by Mr. Simon. He echoed the thoughts about the gas
station at the corner of Corn and Clinton Streets, and stated
that the City should do everything it can to urge the IURA and
the DEC to make as comprehensive a clean up as possible. The
neighborhood association has put pressure on the DEC, and he
thinks the City needs to follow through as well.
He further stated that it has been over a year since Common
Council passed the resolution looking to acquire land in order to
provide a park for the Cleveland Avenue neighborhood. He stated
that this issue should be referred to a committee to make sure
that the process is moving along swiftly, to ensure that the City
receives the appraisal as soon as possible, to acquire the land,
and develop the park.
Alderperson Peterson responded to comments made regarding Council
members getting information for consideration on short notice.
She feels that it is very important to have information presented
to Council in a timely basis; last minute information may be
acceptable in an emergency situation, but not for projects.
Alderperson Blumenthal stated that she thinks good government
doesn’t run on making decisions with information handed out at
the last minute. She hopes that Common Council will take this
issue seriously.
Mayor Cohen stated that he too shares the concern about the
timely presentation of information. He stated that this has been
an ongoing problem, and knows that staff, committee chairs, and
individual Council members, endeavor to do their best. He stated
that everyone would have to make a concerted effort towards
improvement.
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Mayor Cohen further responded to comments made regarding the
widening of Spencer Street. The N&CI Committee discussed Mr.
Beck’s concerns, and asked staff to prepare at least one
alternative solution. This alternative will be presented as part
of the discussion of this item. He emphasized that it is the
intent of Council to hold a comprehensive discussion of this
issue tonight, not to vote on it, so there will be ample
opportunity to gather input, not only from the affected
residents, but from other people in the community as well.
Mayor Cohen explained the history of the Tanana Oil site. The
IURA, with Common Council approval, originally submitted a
Community Development Block Grant application for the acquisition
of this site. Before the property was purchased, the City
completed a Phase I environmental audit and discovered that the
site was contaminated. The City’s purchase of the property has
been stalled. If there is participation by the City in the clean
up of this site, it may require a financial allocation in excess
of the awarded grant funds. As an alternative, the City may be
able to participate in the State’s Brownfield program that would
provide the City with 75% coverage of the project.
He further noted, in regards to the Cleveland Avenue Park, that
he requested information pertaining to the property appraisal
approximately a month ago. He will discuss this issue further
with Planning and Development Director VanCort.
CONSENT AGENDA:
8.1 City Clerk - Mahogany Grill Alcohol Permit Request
By Alderperson Hershey: Seconded by Alderperson Vaughan
WHEREAS, the City Clerk has received a request to allow the
Mahogany Grill Restaurant to utilize certain areas along Aurora
Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council’s responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this
public property for outdoor dining at the Mahogany Grill
Restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $1,000,000 insurance
under the Dram Shop Act; now, therefore, be it
RESOLVED, For the year 2002, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for the Mahogany Grill Restaurant the
includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum
Dram Shop coverage in the amount of $1,000,000 and the approval
of an outdoor dining permit.
May 1, 2002
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Carried Unanimously
8.2 City Clerk - Lost Dog Cafe Alcohol Permit Request
By Alderperson Hershey: Seconded by Alderperson Vaughan
WHEREAS, the City Clerk has received a request to allow the Lost
Dog Cafe to utilize certain areas along Cayuga Street for outdoor
dining, and
WHEREAS, this use of public property has been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at the Lost Dog Cafe, including the
responsible sale and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $1,000,000 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2002, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for the Lost Dog Cafe that includes the
sale of alcohol in accord with the terms and conditions set forth
in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining
permit.
Carried Unanimously
8.3 City Clerk - Dano’s on Cayuga Alcohol Permit Request
By Alderperson Hershey: Seconded by Alderperson Vaughan
WHEREAS, the City Clerk has received a request to allow the
Dano’s on Cayuga Restaurant to utilize certain areas along Cayuga
Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at the Dano’s on Cayuga Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $1,000,000 insurance
under the Dram Shop Act; now, therefore be it
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RESOLVED, For the year 2002, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for the Dano’s on Cayuga Restaurant that
includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum
Dram Shop coverage in the amount of $1,000,000 and the approval of
an outdoor dining permit.
Carried Unanimously
8.4 City Clerk - Taste of Thai Alcohol Permit Request
By Alderperson Hershey: Seconded by Alderperson Vaughan
WHEREAS, the City Clerk has received a request to allow the Taste
of Thai Restaurant to utilize certain areas on The Commons for
outdoor dining, and
WHEREAS, this use of public property has been deemed proper and
successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the
Primary and Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine
whether or not to allow the serving and consumption of alcohol on
the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public
property for outdoor dining at the Taste of Thai Restaurant,
including the responsible sale and consumption of alcohol, is
desirable, and
WHEREAS, Common Council has determined that any use of this or
similar public property involving the sale and consumption of
alcohol should be covered by a minimum of $1,000,000 insurance
under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2002, Common Council hereby approves a
revocable Alcoholic Beverage Permit for the outdoor sale and
consumption of alcohol for the Taste of Thai Restaurant that
includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum
Dram Shop coverage in the amount of $1,000,000 and the approval of
an outdoor dining permit.
Carried Unanimously
8.5 City Clerk - Designation of 2002 City of Ithaca Polling
locations
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That the following locations be designated as City of
Ithaca polling locations for the year 2002:
2002 CITY OF ITHACA
POLLING LOCATIONS
FIRST WARD
1st District Alternative Community School Chestnut Street
2nd District Alternative Community School Chestnut Street
3rd District Titus Towers II 798 S. Plain St
4th District South Hill School 520 Hudson St
5th District South Hill School 520 Hudson St
6th District Titus Towers II 798 S. Plain St
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7th District Titus Towers II 798 S. Plain St
SECOND WARD
1st District GIAC 300 W. Court St
2nd District GIAC 300 W. Court St
3rd District Central Fire Station 310 W. Green St
4th District Central Fire Station 310 W. Green St
THIRD WARD
1st District Robert Purcell Community Ctr Jessup Road
2nd District Belle Sherman Annex Cornell St
3rd District Belle Sherman Annex Cornell St
4th District Belle Sherman Annex Cornell St
FOURTH WARD
1st District Class of '22 Hall 659 Stewart Ave
2nd District #9 Fire Station 309 College Ave
3rd District #9 Fire Station 309 College Ave
4th District Class of ’22 Hall 659 Stewart Ave
FIFTH WARD
1st District Fall Creek School 202 King St
2nd District Fall Creek School 202 King St
3rd District Robert Purcell Community Ctr Jessup Rd
4th District Fall Creek School 202 King St
5th District Robert Purcell Community Ctr Jessup Rd
6th District Cornell Cooperative Ext 615 Willow Ave
Carried Unanimously
Mayor Cohen explained that the additional voting districts
reflect the County’s redistricting boundaries. He further stated
that the City will begin the redistricting process soon.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
Telecommunication Towers - Report
Alderperson Manos reported that the Mayor has called a Special
meeting for May 15, 2002 to conduct a public hearing and to
consider legislation regarding implementing a moratorium on
telecommunication towers.
9.1 Vital Communities Initiative - Resolution
Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, the Vital Communities Initiative was undertaken by the
Tompkins County Planning Department in order to facilitate
community consensus and to develop and implement a vision for
future growth and development in Tompkins County, and
WHEREAS, the Vital Communities program conducted stakeholder
workshops to involve persons representing interests in economic
development, land development, agriculture, environmental
protection, neighborhood quality, local planning, local
government, education, human services, youth, and transportation
and infrastructure, and
WHEREAS, these stakeholder workshops provided the basis for the
preparation of the Development and Preservation Principles as the
first step in generating a shared vision of future growth and
development in Tompkins County, and
WHEREAS, the goals of the Development and Preservation Principles
are to: build strong, cohesive neighborhoods and communities;
encourage nodal development patterns that build on existing
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infrastructure and population centers; promote choice and
affordability in housing options; protect natural resources,
green spaces and recreational resources; promote agriculture,
protect farmland, and protect the rural economy; enhance
development of a local economy that supports strong communities;
and promote a multi-modal transportation system that encourages
economic health and community vitality, and
WHEREAS, Tompkins County Planning Department staff made a
presentation on the initiative at the January 16, 2002 Planning
and Economic Development Committee meeting, and
WHEREAS, Common Council appreciates that the Tompkins County
Planning Department has undertaken the Vital Communities
Initiative and has prepared the Development and Preservation
Principles, and
WHEREAS, Common Council is concerned about the effects of growth
in outlying areas of the county as it affects the future
viability of the city and the welfare of Tompkins County, and
WHEREAS, the Vital Communities Initiative and the Development and
Preservation Principles are of benefit to the future welfare of
both the city and the entire county, and
WHEREAS, Common Council understands that every municipality has
the need to make its own decisions regarding the future use of
land within its borders, and that growth issues in a region can
have financial impacts on such matters as roads, bridges, and
public transit in many areas, as well as on the central core of
the county, and
WHEREAS, Common Council hopes that the Tompkins County Planning
Department and the Tompkins County Board of Representatives will
identify practical measures to implement the goals and objectives
expressed in the Development and Preservation Principles, and
WHEREAS, Common Council agrees with the principles as they are
stated in the March 14, 2002 document; now therefore be it
RESOLVED, That Common Council endorses and supports the Vital
Communities Initiative and the Development and Preservation
Principles resulting from the Vital Communities Initiative, and
be it further
RESOLVED, That Common Council encourages the Board of
Representatives to adopt the Vital Communities Development and
Preservation Principles as county policy, and be it further
RESOLVED, That Common Council encourages the Board of
Representatives to support the use of these Development and
Preservation Principles to evaluate existing and proposed new
County programs for their influence on future development
patterns, and be it further
RESOLVED, That the City of Ithaca is willing to work
cooperatively with the County and Tompkins County municipalities
on this effort to help facilitate a county-wide approach to
solving the complex issues related to development and future
growth patterns in the county.
DRAFT
May 1, 2002
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Last Revised March 14, 2002
Development and Preservation Principles
Efforts are underway by public and private sector organizations
throughout this community to guide change in a new direction,
from downtown Ithaca development to village and hamlet
revitalization to rural land protection. The Vital Communities
Initiative builds on current efforts and seeks to develop a more
comprehensive, community-wide approach. The Vital Communities
principles have been developed to help guide governmental,
private and non-profit groups in Tompkins County as they make
decisions which influence land use patterns and quality of life
in neighborhoods and communities throughout the County. Decisions
such as where to site a housing development, what land to
protect, or where to approve an economic development loan all
have land use implications and impacts. When trying to envision
life in the future, one thing is a given: things will change. If
past growth patterns give us an indication of future growth, the
types of changes we could see include:
Loss of population (and related loss of businesses and tax
base) in the City and Villages;
More new commercial and residential development along roads in
the rural and agricultural areas;
Increased traffic along rural roads and in the urban areas;
Increased taxes to pay for additional public services (e.g.,
water, sewer, schools, police, fire, public transportation,
and road construction and maintenance);
Loss of vitality in traditional community centers;
Loss of agricultural lands, natural habitats, and open space;
Increased amount of time people spend in their cars;
Degradation of the quality and quantity of drinking water
supplies, streams, and lakes.
Planning for the future is the only way to preserve and enhance
the characteristics and attributes of Tompkins County that we
most cherish, and to ensure that our communities remain healthy,
vibrant, and vital communities.
Principle 1
Build strong, cohesive neighborhoods and communities
Encourage the development of diverse communities that provide
a mix of uses, a variety of employment options, social and
recreational opportunities, and an assortment of amenities
within walking distance of residential development.
Enhance the quality of communities by improving the character
of the built environment, including visually appealing
architectural elements and streetscapes that encourage
pedestrian travel, facilitate community interaction, and
promote public safety.
Preserve and enhance the distinct identities and historic
character of existing neighborhoods, and encourage the
development of new neighborhoods that possess their own
special sense of place, through attractive design of public
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places; proximity to schools, parks and other services; and
community festivals and events.
Principle 2
Encourage nodal development patterns that build on existing
infrastructure and population centers
Strengthen and enhance the City of Ithaca’s downtown area as
the urban center of the County.
Strengthen and enhance the villages and hamlets of the County
as vital centers serving the rural population.
Increase the amount and density of housing, office, and retail
space in the central business districts throughout the County.
Use in-fill development to promote greater density by filling
the existing “gaps” left by abandoned buildings, vacant
parcels available for development, and land located behind
existing development along roads.
Save public costs by directing new development to places
contiguous to existing development where sewer, water, roads,
and other necessary services already exist, or are planned as
part of a comprehensive plan to accommodate projected growth.
Principle 3
Promote choice and affordability in housing options
Provide for a variety of living experiences, including rural,
suburban, small villages, big villages, and urban, each with
its own distinct style and personality.
Protect consumers’ housing choices throughout the County by
providing a mix of choices (i.e., location, housing types, and
neighborhood character).
Provide more affordable housing options for low-to-moderate
income residents.
Promote increased owner-occupied housing within neighborhoods
in the County.
Principle 4
Protect natural resources, green spaces, and recreational
resources
Preserve and protect open space, unique natural areas,
wetlands, water and woodland resources, scenic views, areas of
natural beauty, and the rural character of Tompkins County.
Create, preserve, and enhance parks, hiking trails, active and
passive recreation facilities, and historic resources; enhance
public access to Cayuga Lake.
Provide a system of interconnecting greenways and ecological
corridors that connect agricultural lands, natural areas, and
open space.
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Protect water quality and quantity in the County’s streams,
lakes, and groundwater and consider the potential regional
impacts on water supply and wastewater management for all
proposed developments.
Protect the areas where crucial aquifers are replenished and
avoid new development in flood prone areas.
Principle 5
Promote agriculture, protect farmland, and protect the rural
economy
Protect prime agricultural soils and areas of contiguous
agricultural activity.
Enhance the viability of existing farming operations and
agricultural businesses, and encourage new ones to be formed.
Encourage development that is designed to preserve open space
and valuable agricultural land.
Provide for a variety of formal and informal economic
activities, such as private timber harvesting, agri-tourism,
and home businesses, which support a rural way of life.
Principle 6
Enhance development of a local economy that supports strong
communities
Concentrate appropriate commercial, industrial, and retail
development onto relatively small amounts of land, in close
proximity to housing and consumers, and in existing developed
areas (through vertical growth, where suitable).
Support economic choices that employ local workers and provide
family-supporting wages and benefits.
Provide a climate where locally-owned businesses can flourish
by enhancing the County’s natural resources, arts and culture,
lively urban core, and vital neighborhoods.
Support tourism in the area by encouraging local institutions,
businesses, and facilities to better plan and coordinate
tourism related activities.
Enhance the capacity of existing water and sewer systems to
accommodate commercial growth in the urbanized areas of the
County.
Principle 7
Promote a multi-modal transportation system that encourages
economic health and community vitality
Enhance and promote the use of bicycles and walking as viable
forms of transportation by providing public facilities,
including multi-use trails, bicycle routes, and sidewalks.
Enhance the viability of existing farming operations and
agricultural businesses, and encourage new ones to be formed.
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Encourage development that is designed to preserve open space
and valuable agricultural land.
Provide for a variety of formal and informal economic
activities, such as private timber harvesting, agri-tourism,
and home businesses, which support a rural way of life.
Principle 6
Enhance development of a local economy that supports strong
communities
Concentrate appropriate commercial, industrial, and retail
development onto relatively small amounts of land, in close
proximity to housing and consumers, and in existing developed
areas (through vertical growth, where suitable).
Support economic choices that employ local workers and provide
family-supporting wages and benefits.
Provide a climate where locally-owned businesses can flourish
by enhancing the County’s natural resources, arts and culture,
lively urban core, and vital neighborhoods.
Support tourism in the area by encouraging local institutions,
businesses, and facilities to better plan and coordinate
tourism related activities.
Enhance the capacity of existing water and sewer systems to
accommodate commercial growth in the urbanized areas of the
County.
Principle 7
Promote a multi-modal transportation system that encourages
economic health and community vitality
Enhance and promote the use of bicycles and walking as viable
forms of transportation by providing public facilities,
including multi-use trails, bicycle routes, and sidewalks.
Alderperson Manos explained that the draft principles were
developed through an extensive public process which included
individuals with expertise and a vested interest in the future of
Tompkins County. She commended the County Planning Department
for developing this framework that can be shared across municipal
boundaries. These principles promote smart growth development,
and encourage the preservation of open space, agriculture, and
quality of life. She stated that this Resolution urges the Board
of Representatives to adopt these development principles, and
further stated that the City looks forward to continued dialog
with the County and our neighboring municipalities, regarding
inter-municipal communication and cooperation on planning and
development issues throughout the County.
Alderperson Peterson questioned the status of County approval.
Alderperson Manos stated that the Tompkins County Board of
Representatives should be considering this legislation in June.
Mayor Cohen stated that he was pleased that the resolution
recognizes the concept of Municipal Home Rule. He stated that
May 1, 2002
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the spirit of the legislation is to facilitate cooperative
planning efforts throughout the County, and that these principles
are consistent with many principles that the City of Ithaca has
been following for years.
City Attorney Schwab voiced concern as the language that
recognizes Municipal Home Rule is located in a Whereas clause,
and should be included in a Resolved clause for legal
recognition. She further explained that the purpose of a Whereas
clause is to set forth the history and intent of the legislation,
but it does not have legal significance. The Resolved clauses
should contain all of the legally effective information. She
suggested adding language to the first Resolved clause to
recognize the municipalities’ need to make their own decisions
regarding future land uses.
Alderperson Manos stated that the Resolution was drafted by
Alderperson Blumenthal after a lot of input from committee
members, and she did not feel the additional language was
necessary.
Alderperson Blumenthal stated that she didn’t think that the
additional language was appropriate as the statement regarding
municipal home rule was a background piece of information added
to provide context. She further stated that the additional
language was not to the point of endorsing and supporting the
initiative, and encouraging the County Board to adopt the
principles.
Extensive discussion followed on the floor regarding the
suggested additional language.
Alderperson Pryor stated that she was concerned that the
Resolution did not document what version of the draft was being
endorsed. The Development and Preservation Principles continues
to be a draft document subject to change, and she feels that the
City should note what version it was endorsing.
Alderperson Hershey requested that the Principles be included as
part of the record to ensure Council’s intent was clear.
Alderperson Pryor stated that although she supports the
principles in theory, she continues to have questions and
concerns regarding the process being followed, as the County
Board of Representatives has not accepted these Principles to
date. She stated that she would not support the Resolution in
its present form.
Amending Resolution
By Alderperson Pryor: Seconded by Alderperson Mack
RESOLVED, That the first Whereas clause be amended to read as
follows:
“WHEREAS, Common Council understands that every municipality has
the right to make its own decisions regarding the future use of
land within its borders, and that growth issues in a region can
have financial impacts on such matters as roads, bridges, and
public transit in many areas, as well as on the central core of
the county, and”
and, be it further
May 1, 2002
15
RESOLVED, That the first Resolved clause be amended to read as
follows:
“RESOLVED, That Common Council endorses and supports the Vital
Communities Initiative and the Development and Preservation
Principles resulting from the Vital Communities Initiative, while
recognizing the right of each municipality to make its own
decisions regarding the future use of land within its borders,”
and, be it further
RESOLVED, That the second Resolved clause be amended to read as
follows:
“RESOLVED, That Common Council encourages the Board of
Representatives to adopt the Vital Communities Development and
Preservation Principles as referenced in the March 14, 2002 draft
document, as County policy, and, be it further”
and, be it further
RESOLVED, That the first and second Resolved clauses be switched
in the order that they appear in the Resolution.
Alderpersons Manos, Whitmore and Hershey stated that they would
not support the Amending Resolution as they believe that it is
not in keeping with the spirit of the document that Council is
endorsing.
Alderperson Vaughan stated that she felt the amended language
strengthened the legislation.
Mayor Cohen stated that there are a number of different
sensitivities in the community, regarding past parochial behavior
of the City of Ithaca and Tompkins County. Common Council is
endorsing a county-wide planning initiative, but New York is home
rule state, therefore every municipality has the right to make
decisions regarding land use. He further stated that the amended
language is a re-affirmation of those rights, and that this
document could have an impact on future litigation involving the
City of Ithaca regarding land rights or zoning rights.
City Attorney Schwab voiced her concern that without the amended
language, this Resolution could be used as evidence that the City
has divested the municipality along with some of its rights. She
stated that her advice to protect the best interests of the City
as a sovereign entity is to recognize that the principles are
desirable in terms of county wide planning and development; but
that Common Council recognizes each municipality’s right to make
their own land use decisions as that is the type of governmental
structure the City operates under.
Alderpersons Hershey and Blumenthal stated that they would not
support the amending legislation, as they did not believe the
additional language was necessary. The felt that the development
principles are very general ideas, and that there has never been
a suspicion that the County would attempt to supercede a
municipality’s land use decisions.
A vote on the Amending Resolution resulted as follows:
Ayes (3) Pryor, Mack, Vaughan
Nays (6) Hershey, Blumenthal, Peterson, Cogan,
Whitmore, Manos
May 1, 2002
16
Failed
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Manos
RESOLVED, That the second Resolved clause be amended to read as
follows:
“RESOLVED, That Common Council encourages the Board of
Representatives to adopt the Vital Communities Development and
Preservation Principles as referenced in the March 14, 2002
draft, as County policy, and, be it further”
Carried Unanimously
Amending Resolution:
By Alderperson Pryor: Seconded by Alderperson Whitmore
RESOLVED, That the 9th Whereas Clause be amended to read as
follows:
“WHEREAS, Common Council understands that every municipality has
the right to make its own decisions regarding the future use of
land within its borders, and that growth issues in a region can
have financial impacts on such matters as roads, bridges, and
public transit in many areas, as well as on the central core of
the county, and “
Discussion followed on the floor regarding the word “right” as
opposed to “need”.
City Attorney Schwab stated that it would be helpful to have the
word “right” as opposed to “need” if a situation arose where she
needed to defend the City in litigation pertaining to land use
rights.
Alderperson Blumenthal stated that her legislative intent when
she wrote the resolution was more about the sense of every
municipality feeling like they need to make their own decisions
instead of focusing on the larger issues that affect everyone in
the county, as opposed to municipal legal rights.
Motion to Call the Question
Alderperson Whitmore requested that the question be called on the
Amending Resolution.
Amending Resolution
A vote on the Amending Resolution resulted as follows:
Ayes (8) Mack, Hershey, Blumenthal, Vaughan, Pryor,
Cogan, Peterson, Manos
Nays (1) Whitmore
Carried
Main Motion as Amended
A vote on the Main Motion as amended resulted as follows:
Ayes (8) Mack, Hershey, Blumenthal, Vaughan, Cogan,
Peterson, Manos, Whitmore
Nays (1) Pryor
Carried
9.2A.Sale of City Surplus Properties -
Designation of Lead Agency Status - Resolution
By Alderperson Manos: Seconded by Alderperson Cogan
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
May 1, 2002
17
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 proposal to sell city surplus properties at public
auction is an Unlisted Action pursuant to the City of Ithaca
Environmental Review Ordinance and to the New York State
Environmental Quality Review Act, which requires review under the
City's Environmental Quality Review Ordinance, and
RESOLVED, that Common Council of the City of Ithaca does hereby
declare itself as lead agency for the environmental review of the
sale of City owned surplus properties.
Alderperson Manos stated that these properties are currently
owned by the City of Ithaca and the Urban Renewal Agency, and
have been deemed surplus properties. The properties are
scheduled to be auctioned off at the Spring City/County Auction
on May 11, 2002.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2B Sale of City Surplus Properties - Declaration of No
Significant Environmental Effect - Resolution
By Alderperson Manos: Seconded by Alderperson Whitmore
WHEREAS, the Common Council directed staff to inventory all City
owned properties, make recommendations regarding the possible
sale of some of the surplus parcels, and that a process for sale
of those parcels also be recommended, and
WHEREAS, a listing of City owned properties considered
appropriate for sale has been generated and approved by the
Planning and Economic Development Committee in February 2002, and
WHEREAS, appropriate environmental assessment forms have been
completed, and
WHEREAS, the proposed action is an “unlisted” action under the
State Environmental Quality Review Act, and is an unlisted action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and hereby is,
directed to file a copy of the same, together with the
attachment, in the City Clerk’s office and forward the same to
any other parties as required by law.
Carried Unanimously
May 1, 2002
18
9.2C Sale of City Surplus Properties - Approval of Sale of City
Surplus Properties - Resolution
By Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, a listing of all City owned properties considered
appropriate for sale was generated in 2001 and was circulated
along with maps of the properties to the Common Council, the
Mayor, the Board of Public Works, the Planning and Development
Board, the Conservation Advisory Council, the Department of Public
Works, the Building Department, the Natural Areas Commission, the
Parks Commission, the Youth Bureau, the Town of Ithaca, and the
Tompkins County Board of Representatives, with a memo requesting
that properties be reviewed and recommendations be made regarding
the property’s suitability for sale or retention, and
WHEREAS, any properties that were determined to be useful to the
city currently or in the foreseeable future were removed from the
list, and
WHEREAS, last year the City Chamberlain, Department of Public
Works staff, a representative of the legal department and planning
staff met in order to finalize a process by which the City could
sell properties that have been deemed surplus, and
WHEREAS, the Planning and Economic Development Committee
recommended that the surplus properties be auctioned off at the
2002 spring City/County auction, and
WHEREAS, the final list that was sent to the Planning and Economic
Development Committee in March was advertised by the auctioneer
for sale at the May city/county auction, and
WHEREAS, property owners within 200 feet of each of the properties
on the list were notified of the auction, and
WHEREAS, Common Council, as Lead Agency, has completed an
environmental review of the project and has declared that the
Sale of the City Owned Surplus Properties will not have a
significant environmental impact; now, therefore, be it
RESOLVED, That Common Council directs that the surplus properties
listed below be sold at the May City/County Auction, and be it
further
412 Cliff Street Tax Map #42.-1-7
Cliff Street Tax Map #53.-5-11
Cliff Street Tax Map #53.-5-5
227 Cliff Street Tax Map #53.-6-4
217 Cliff Street Tax Map #53.-6-8
Stewart Avenue Tax Map #7.-4-12
254 Floral Avenue Tax Map #74-3-15
and, be it further
RESOLVED, That the Mayor be and hereby is authorized to execute
any and all instruments necessary to carryout these sales by
quit-claim deed.
May 1, 2002
19
Carried Unanimously
Alderperson Manos thanked City Planner Jennifer Kusznir for her
hard work on this project, and Alderperson Blumenthal for her
efforts on the Vital Communities Initiative Resolution.
BUDGET & ADMINISTRATION COMMITTEE:
10.1 City Chamberlain – Transfer of Properties to Ithaca
Neighborhood Housing Services
Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, the City of Ithaca is in the process of acquiring or has
acquired certain parcels of real property by tax foreclosure, and
WHEREAS, an auction to sell property so acquired is scheduled for
May 11, 2002 and
WHEREAS, Ithaca Neighborhood Housing Services has identified two
(2) tax foreclosure properties suitable for INHS’ programs,
namely 213 Cascadilla Street and 1022-24 N. Tioga Street, and
WHEREAS, the City of Ithaca has determined transfer to INHS
serves a public purpose; now, therefore be it
RESOLVED, That the City Chamberlain is directed to withhold 213
Cascadilla Street and 1022-24 N. Tioga Street from the scheduled
auction pending transfer to INHS.
Alderperson Cogan stated that he mentioned this property transfer
to a few constituents that live in the North Tioga Street
neighborhood, and they voiced concern as the property owner has
expressed his intent to pay the taxes owed and redeem the
property. City Attorney Schwab stated that these properties will
be withheld from the public auction and the property owner has
until May 10, 2002 to redeem the property.
Alderperson Cogan stated that the neighborhood is also concerned
about potential new uses for the property as the current retail
use generates low traffic. He stated that it would be nice if
the public had a way of commenting on any change of use that
might occur.
INHS Executive Director Paul Mazzarella stated that INHS is very
interested in hearing what the neighbors think about various
proposed uses for the property. He suggested an additional
neighborhood meeting, in addition to any public hearings that may
be required. He stated that the current use is retail and is
“grandfathered” under the City’s Zoning regulations. Any other
use of the property would require a use variance through the
Board of Zoning Appeals, which requires a public hearing.
Amending Resolution:
By Alderperson Cogan: Seconded by Alderperson Blumenthal
RESOLVED, that the following whereas clause be added to the
resolution:
“WHEREAS, INHS has agreed to seek the opinions of the
neighborhood regarding a change in the nature of the commercial
use of the property, and”
Discussion followed on the floor with City Attorney Schwab
explaining the process involved in obtaining special permits and
variances.
May 1, 2002
20
Alderperson Whitmore stated that he believes the Amending
Resolution is unnecessary given the complexity of the
permit/variance approval process, and the trust that Common
Council has in INHS.
Motion to Withdraw:
By Alderperson Whitmore: Seconded by Alderperson Blumenthal
RESOLVED, That the Amending Resolution be withdrawn.
City Chamberlain Parsons questioned whether the Resolution should
reflect the financial understanding made as it pertains to
outstanding taxes.
Amending Resolution:
By Alderperson Manos: Seconded by Alderperson Blumenthal
RESOLVED, That the following Resolved clause be added to the
resolution:
“RESOLVED, That Common Council accepts INHS’ offer to pay
outstanding County & School District taxes on these properties.”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
10.2 Common Council – Support for the U.S.-Ukraine Community
Partnership between City of Ithaca and Komsomolsk Ukraine
By Alderperson Vaughan: Seconded by Alderperson Peterson
WHEREAS, the local governments of Ithaca, New York, USA and
Komsomolsk, Ukraine are extending their US-Ukraine Community
Partnership under the USAID-funded US-Ukraine Partnerships for
Local Government Training and Education Project (CPP) Cooperative
Agreement award no. 121-A-0-97-00149-00, and
WHEREAS, this partnership has been extended to further foster
development of local government in Ukraine by providing cost-
effective and sustainable technical assistance, training and
education to Ukrainian communities, and
WHEREAS, through a supportive training environment, this
partnership will continue to provide visitors to Ithaca, New York
from Komsomolsk a clearer idea of how a U.S. local government
functions, and
WHEREAS, this partnership will further develop a mutual
understanding between the citizens of both communities through the
exchange of various information and materials, and
WHEREAS, both a local coordinator and experts in relevant fields
have been recruited, and will be directed through Tompkins
Cortland Community College to handle the logistics and planning of
these exchanges; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
support the continuation of this community partnership and will
welcome the visitors from Komsomolsk, Ukraine.
Carried Unanimously
10.3 Planning Department – Request to Approve Contract with
National Development Council
By Alderperson Vaughan: Seconded by Alderperson Manos
May 1, 2002
21
WHEREAS, Common Council at its regular meeting of May 2, 2001,
approved a $50,000 Capital Project for the purpose of contracting
with the National Development Council to assist the City with
community and economic development programs, and
WHEREAS, the initial contract will expire and the City has
determined that it needs the continued professional services of
the National Development Council to work with the City to develop
and assist on the implementation of their community and economic
development programs, and
WHEREAS, it has been estimated that an additional $50,000 contract
is needed for the period June 1, 2002 to May 31, 2003; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the Mayor, subject
to final review from the City Attorney’s Office, to enter into the
attached lump-sum contract with the National Development Council
at a cost not to exceed $50,000 to assist the City with its
community and economic development programs for the period June 1,
2002 to May 31, 2003, and be it further
RESOLVED, That Common Council hereby amends Capital Project #443
Planning Feasibility Study by an amount not to exceed $50,000 for
a total project authorization of $100,000 for the planning and
related feasibility studies in connection with economic and
housing projects, which may lead to the reconstruction or new
construction of one or more parking facilities, or other capital
improvements, and be it further
RESOLVED, That funds for said project shall be derived as follows:
A. Transfer funds from Capital Reserve #14 to Capital
Project #443 $30,000
B. Transfer funds from the General Fund Unrestricted
Contingency account to Capital Project #443 $20,000
Alderperson Peterson inquired about the balance of the
Unrestricted Contingency Fund. Deputy City Controller Thayer
responded that the balance is $59,825.
Alderperson Vaughan stated that the assistance of the National
Development Council has been substantial and the Planning
Department staff and Common Council have benefited from their
services.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 DPW – Request to Amend Capital Project #368 to Include Cass
Park Operations Building Roof Repair
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the Ithaca Youth Bureau staff requested that the City’s
Building Department assist them with an inspection of the
operations building roof after several years attempt to correct
leaks, and
May 1, 2002
22
WHEREAS, the Building Department expressed concern for the
structural condition of the roof deck following their review which
could result in closing the building and requesting the Department
of Public Works undertake a more detailed inspection, and
WHEREAS, the department’s inspection reveals areas of marked
deterioration of the roof deck and extensive areas of saturated
insulation which will lead to rapid deterioration of other
sections of the roof deck and structural framing, and
WHEREAS, the Board of Public Works at their regular meeting on
April 10, 2002, declared the needed repairs an emergency and
directs staff to work with the Controller’s Office to take the
necessary steps to complete deck repairs and roof replacement to
preserve the building’s integrity, the Youth Bureau’s program and
meet any legal requirements appropriate to the situation, and
WHEREAS, a pre-bid budget developed by the Engineer’s Office in
conjunction with Thomas Associates has estimated the cost of the
roof repair project to be $95,000, and
WHEREAS, the previously approved Capital Project #368 Streets and
Facilities Roof Replacement has come in under budget by $102,000,
and
WHEREAS, both staff and the Board of Public Works recommend using
the remaining $102,000 to complete the repair of the Cass Park
Operations Building roof; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #368
to include the Cass Park Operations Building Roof Repair at a cost
not to exceed $95,000, and be it further
RESOLVED, That the Controller’s Office shall make necessary
amendments to the bond resolution wording to incorporate the
inclusion of said Cass Park roof repair, and be it further
RESOLVED, That said $95,000 shall be derived from existing funds
in Capital Project #368.
Carried Unanimously
10.5 Controller - Approval of 2003 Guidelines for Community
Service Funding
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca has in the past appropriated funds to
agencies for cultural enrichment, economic promotion, and other
purposes aside from human services, and
WHEREAS, the Common Council intends that all such requests be
subject to a standardized review process; now, therefore, be it
RESOLVED, That the Budget and Administration Committee of Common
Council be authorized to review all fiscal year 2003 requests for
non-mandated city funding from private, non-profit agencies who
have been granted IRS 501 status, or whose application for such
status is pending, and that are not subject to Human Services
Coalition review, and be it further
RESOLVED, That the following requirements and criteria shall be
applied to all such requests:
May 1, 2002
23
Requirements
All applications for 2003 funding must be submitted in writing to
the City Controller by June 14, 2002.
Each application must include a statement that explains how the
activity proposed for City funding will benefit the social,
cultural, economic, and/or environmental well being of city
residents, in terms as specific as possible. Information
presented should include the groups or individuals to be served,
the number of people to benefit from the activity, and the
duration of the benefit (long term or short term).
A) Each application must include budgets for 2002 and 2003,
financial reports from 2000 and 2001, and an enumeration of other
funding sources.
B) The application should also include a count of individuals
served, by municipality, for prior years, and a report on any
positive impacts and benefits of programs previously funded.
C) The application must include a description of methods for
measuring positive outcomes from funding requested for fiscal year
2003.
Criteria and Evaluation Scoring
The Committee shall assign points for the degree to which the
proposed use of City funds meets each of the following criteria.
If the applicant does not supply sufficient information for the
Committee to make a judgment, the proposal shall receive zero
points in each such case.
These criteria and evaluation scores will be used by the Budget &
Administration Committee as guidelines in evaluating requests for
funding:
1. The proposed activity will benefit the social, cultural,
economic and/or environmental well being of residents of the
City of Ithaca.
A) The proposal will service city residents in proportion
to City funding requested.
B) The sponsor of the proposed activity:
has received funding, or
is reasonably assured of receiving funding, or
has made a good faith effort to receive funding
from the County, appropriate towns, school
districts, or other funding sources in proportion
to non-city residents served.
1. The proposed activity will serve an identified need in the
city and does not duplicate another service.
May 1, 2002
24
2. The proposed activity is designed to effectively meet the
needs of those to be benefited; and the proposal includes
measurable objectives and outcomes.
3. The applicant demonstrates sound management practices.
4. The proposed activity will especially benefit underserved
populations including and not limited to: low income, women
and minorities; people with disabilities; and individuals in
financial need.
5. The proposed activity will produce a long-term benefit.
Now, therefore, be it
RESOLVED, That by August 1, 2002 the Budget & Administration
Committee shall forward its recommendations to the Mayor for
consideration in the 2003 budget.
Alderperson Pryor stated that it would be helpful to the Review
Committee to have someone review the applications ahead of time
to ensure that all of the criteria have been met.
Alderperson Vaughan suggested that the B&A Committee review the
process and share the reading responsibility between the
membership.
Alderperson Manos stated that she found the process more
effective when applicants were encouraged to stay through the
committee deliberations in case additional questions surfaced.
Alderperson Blumenthal asked if any of the criteria had changed.
Alderperson Vaughan responded that #5 has other categories
included with underserved populations which means it includes,
but is not limited to, low income women and minorities.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.6 Report - Redistricting:
This report was deferred to later in meeting.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Hershey announced that May 3, 2002 is the Annual
Gallery Walk downtown from 5:00 p.m. to 8:00 p.m. He stated that
this is always a stellar event, and a chance for downtown to show
itself off and for our wonderful artists to show their work.
Alderperson Cogan reported that on May 2, 2002 at 8:30 a.m., at
the Women’s Community Building, the Ithaca Downtown Partnership
is sponsoring a presentation by TCAT on the Intermodal Center.
He encouraged the community to attend so that they could see what
TCAT is envisioning for the intermodal center, and be able to
provide feedback. The two sites that are currently under
consideration for the center are underneath the Green Street
parking ramp adjacent to The Commons and block 14, which is
across from the Shortstop Deli on Seneca Street.
Alderperson Manos announced that on May 4, 2002 there is the
monthly meeting of the South Hill Civic Association at 9:30 a.m.,
May 1, 2002
25
at the Church of the Nazarene on Hudson Street. She stated that
the topic of discussion will be Ithaca College student parties in
the South Hill neighborhoods.
Alderperson Blumenthal stated that on May 9th, the Collegetown
Neighborhood Council will have its monthly meeting at 4:00 p.m.
at Collegetown Bagels. Topic of discussion may include Senior
Week Activities.
RECESS:
On a motion Common Council recessed at 9:10 p.m.
RECONVENE:
Common Council reconvened into regular session at 9:20 p.m.
NEIGHBORHOOD & COMMUNITY ISSUES:
12.2 Support for Clean Money Campaign Finance Reform -
Resolution
By Alderperson Pryor: Seconded by Alderperson Mack
WHEREAS, representatives of Democracy Matters of Cornell
University came before the Neighborhood and Community Issues
Committee on April 10, 2002 to present on Clean Money Clean
Elections Campaign Finance Reform, and
WHEREAS, Assemblyman Ortiz and State Senator Paterson have
introduced a Clean Money Clean Elections Bill in the New York
State Legislature, and
WHEREAS, the bill has been cosponsored in the Assembly by, among
others, Assemblyman Marty Luster, and
WHEREAS, the Neighborhood and Community Issues Committee
unanimously agreed at their April 10, 2002 to send the issue to
Common Council for consideration and expressed their support in
concept for the bill, and
WHEREAS, Common Council has considered the merits of the Clean
Money Clean Elections bill, now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca strongly
supports the Clean Money Clean Elections bill, and urges our
State Assemblyman and State Senator to support the bill in the
State Legislature, and be it further
RESOLVED, That this resolution be sent to Assemblyman Luster, and
Senator Seward.
Discussion followed on the floor with Drew Warshaw, Campus
Director of Democracy Matters, and Michael Schwab, Campus
Coordinator of Democracy Matters at Cornell University introduced
themselves to Common Council and thanked them for their
consideration of the legislation.
Alderperson Mack stated that the second cover letter included in
the agenda packet addresses various questions the came up and
were not addressed at the Neighborhood & Community Issues
Committee meeting.
Alderperson Whitmore questioned the contribution limits.
Mr. Warshaw responded that Buckley vs. Vileo specifically
addressed independent expenditures by candidates, meaning that
May 1, 2002
26
you couldn’t prohibit a candidate from spending their own money.
The caveat in Buckley vs. Vileo is that they left the
contribution limits of $1,000. The legislators continue to
recognize that there should be contribution limits. All that
this bill is doing is reducing the limits that are currently in
place. Contribution limits have been upheld in constitutional
challenges in Maine and Arizona.
Alderperson Pryor thanked Mr. Warshaw and Mr. Schwab for bringing
this matter to Council’s attention.
A vote on the Resolution resulted as follows:
Carried Unanimously
Mayor Cohen thanked the speakers for coming to the meeting. He
stated that this was a good example of how students in our
community can become involved in local issues. He stated that
the presentation was very professional; the speakers were very
knowledgeable and responsive to the questions that were posed.
He stated that he appreciates the follow up material that was
distributed, and found it very helpful.
Mayor Cohen stated that the Resolution directs staff to forward
the legislation to Assemblyman Luster and Senator Seward. We
suggested that the Resolution also be forwarded to Senator Kuhl
as our area will be included in the redistricting of the State
next year, and Senator Kuhl will be our representative.
Alderperson Pryor agreed with Mayor Cohen and noted that Senator
Kuhl already represents part of Tompkins County.
Recall the Question:
Alderperson Pryor requested that the Question be recalled. No
Council member objected.
Amending Resolution:
By Alderperson Pryor: Seconded by Alderperson Manos
RESOLVED, That the last Resolved clause be amended to read as
follows:
“RESOLVED, That this Resolution be sent to Assemblyman Luster,
Senator Seward and Senator Kuhl.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
12.3 Discussion on Proposed Resolution from the N & CI Committee
Regarding The Width of the West Spencer Street Conversion to Two-
way Traffic
A proposed resolution regarding the width of West Spencer Street
conversion to two-way traffic project was distributed to Common
Council, and proposed drawings were presented.
Extensive discussion followed on the floor with Alderperson Pryor
reporting that the Neighborhood and Community Issues Committee
supports the proposed resolution. She stated that the intent is
to have a discussion with the full Council, and then be able to
gather input from the community before the legislation is voted
on. The proposed resolution is a culmination of many hours work
and is an attempt to find an equitable solution to a difficult
situation.
May 1, 2002
27
She explained that once Common Council decides on the basic width
of the streetscape, there would be further opportunities for
refinement of the actual design of the street.
Mayor Cohen stated that a specific concern the Committee raised,
and asked staff to focus on, was the part of the street between
Cayuga and Albany Streets. He stated that one concern is that
there is ample room for parking further down the street, but it
is not accommodated for in this area.
Alderperson Whitmore noted that the proposed Resolution takes
that concern into consideration with a proposed alignment shift
of the street.
Mayor Cohen stated that there was concern expressed about the
loss of green space and tree lawn, to accommodate parking, on the
length of the road beyond the alignment shift. The committee
discussed possibly inserting bump outs within a new parking zone
similar to the concept on College Avenue. Having at least one
bump out in the middle, or two spaced intermittently, with
planting areas, would provide aesthetic improvement.
Alderperson Pryor stated that the goal of the functioning of this
street is to be able to handle 6,000 - 10,000 cars per day at a
30 mph speed limit. With that goal in mind, the Committee worked
very closely with the neighbors on the street, particularly the
Dahl’s and the Loh’s to look at the concerns expressed regarding
the impact to their properties.
In order to mitigate the impacts on the neighborhood residents,
the proposed width of the street changes from 50’ to 38’ for a
section, and then back to 50’. The intersections on this street
will require additional professional design work, so they have
not been addressed. In the 38’ width zone, parking and snow
storage would be lost, but the impact to the Loh property would
be lessened. The sidewalk on the downtown side of the street is
still included for the entire length of the street, which is
something that does not currently exist.
The current configuration also calls for an 8’ wide tree lawn on
the 50’ sections of the street. One item of discussion included
the installation of a wide tree lawn to accommodate plantings and
trees to provide a screen for the homes against the increased
traffic.
Alderperson Whitmore reminded Council that the drawings presented
are schematics, not designs. Common Council will only be
determining the width of the street and other amenities to be
included in the project, such as tree lawns, but will not be
determining the dimensions of those items. The actual dimensions
of the amenities will be determined by the street design.
Mayor Cohen stated that the Board of Public Works would be the
body charged with determining the final street design. This
resolution is intended to set parameters for the Board to work
within when determining the final design, and allows the designer
to offer various options to accomplish these guidelines.
Alderperson Hershey asked if there was a way to address the
concerns raised by Mr. Beck with respect to the 14 apartment
units, regarding short term parking or a loading zone, for
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28
deliveries, taxi cabs, emergency vehicles, etc, without impacting
the Loh’s and Dahl’s further.
Alderperson Pryor stated that she has asked staff to review
alternatives for this situation. She further stated that it was
doubtful that parking could be accommodated in this area within
the existing constraints. She explained that the 38’ section of
the street will include two fourteen foot shared travel lanes to
accommodate bicyclists. Alderperson Pryor further responded that
in order to include a loading zone, it would have to come from
one of the driving lanes and there is not enough room to
accomplish that.
Alderperson Manos asked if the fire department, other emergency
vehicle operators, and TCAT have been asked for their input.
Alderperson Pryor stated that they have not had an opportunity to
provide input at this point. She further stated that this
proposed legislation would return to the Neighborhood and
Community Issues Committee for further discussion next week.
Alderperson Blumenthal questioned whether an environmental review
was required before Council took action on this resolution. City
Attorney Schwab responded that the Board of Public Works would be
designated as the Lead Agency, and it would be their
responsibility to perform the environmental review for the actual
project.
Alderperson Whitmore stated that the Bicycle Pedestrian Advisory
Council passed a resolution strongly urging Common Council to
include bicycle lanes as a part of this plan.
Alderperson Hershey stated that given all of the issues raised
including the increase in traffic volume, and reduction of street
width, it may not be the best street to construct bicycle lanes
on.
Alderperson Pryor further noted that any width that was added to
the street, including the accommodation of bike lanes, would have
to come out of the uphill side. This would require cutting
further into the bank, and would entail a greater cost. She
further stated that if Council decides to include bike lanes, the
driving lanes would be narrowed to 11’ in both directions and
there would be 4’ bike lanes in the 50’ sections of the street,
but not the 38’ section.
Alderperson Mack suggested that staff review the possibility of
bike lanes before the N & CI Committee meeting and report back.
He requested that they also investigate alternative routes in the
area that would be just as useful but perhaps a better choice for
the vehicle/bicycle combination.
Alderperson Pryor stated that shared lanes are an acceptable
accommodation for bike riders as delineated in the City’s bike
plan.
Mayor Cohen encouraged everyone to attend the N & CI Committee
meeting next week to continue this discussion.
12.1 Compilation of Questions Regarding BAD from Council
Alderperson Pryor requested that Council members who have
specific questions or would like further information on the
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29
proposed Benefit Assessment District to refer them to her so that
the N & CI Committee can prepare the requested information.
HUMAN RESOURCES COMMITTEE:
11.1 Position Review Report
Alderperson Peterson reported that the Position Review Committee
is currently comprised of the Mayor, City Controller and the
Human Resources Director. The HR Committee discussed potential
revisions to the current position review policy and decided to
keep it as it is, but to have the Position Review Committee give
a report to the Chair of the Human Resources Committee, who would
report the information to the HR Committee.
Mayor Cohen stated that he is at a point where he is ready to
start recommending not filling some vacancies. Some of those
decisions might be politically controversial. He stated that
Department Heads need to know if they have appeal options after a
decision has been made by the Position Review Committee, or
whether that decision is binding. Currently, there is a freeze
on filling any vacancies. Mayor Cohen stated that he wanted the
HR Committee to review what level of Council input is needed, if
any.
The Committee will be discussing this topic further at their
future meetings.
Motion to Enter into Executive Session
By Mayor Cohen: Seconded by Alderperson Pryor
RESOLVED, That Common Council enter into Executive Session to
discuss the employment history of an individual employee.
Carried Unanimously
Regular Session:
Common Council reconvened into Regular Session at 11:20 p.m. with
no formal action taken.
NEW BUSINESS:
Meeting Date for July 2002 Regular Common Council Meeting
By Alderperson Manos: Seconded by Alderperson Pryor
RESOLVED, That Common Council will hold the July, 2002 Regular
meeting on Tuesday, July 2, 2002 at 7:00 p.m.
Carried Unanimously
Industrial Development Agency
Mayor Cohen stated that the Industrial Development Agency will be
voting tomorrow on the request to offer Emerson Power
Transmission a tax abatement. Emerson is considering either
expanding its Ithaca Plant to accommodate 120 positions being
relocated from the Liverpool Plant, or expanding their plant in
Indiana instead. The Ithaca plant has adequate space to
accommodate an expansion, and the addition of 120 jobs in our
community would boost the City’s economy.
The proposed property tax abatement would impact the City, as
well as the County and the School District. It would be a
reduction in the City tax roll of approximately $8,000 a year.
The Mayor stated that he views this opportunity as a potential
stabilization of the Ithaca plant that would make it less likely
for the plant close in the future.
May 1, 2002
30
Alderperson Pryor questioned whether the abatement request was
for deferred tax payments based on increased value of the
property, or a reduction in current taxes paid. Mayor Cohen
responded that it was a reduction in taxes paid.
Alderperson Pryor further questioned the types of jobs Emerson
offers. Alderperson Manos responded that they were unionized
positions that exceed the sustainable wage standard.
Mayor Cohen clarified that Emerson Power Transmission did not
request the abatement, the Tompkins County Area Development
Agency has taken the lead in compiling an incentive package to
compete with the Indiana package being offered.
Alderperson Peterson asked how many years are included in this
abatement. Mayor Cohen stated that he believed that this would
be a reduction of the value of that property in perpetuity. He
stated that he would gather the exact information and distribute
it Council members before the meeting tomorrow. He requested
that Council, as a legislative body, inform him if they were
opposed to this request so that he could convey that to the IDA
tomorrow.
Mayor Cohen further stated that if the City did vote no to this
request, the IDA can still grant the request. The City does not
have veto power in this situation.
Alderperson Blumenthal voiced her concern about the time period
in question. She stated that she wanted to ensure the community
was protected from a loss if the plant closes.
Alderperson Manos stated that she supports the tax abatement and
stated that the employees at Emerson are very excited about this
opportunity as they view it as job security, and the security of
keeping the company in our community.
Alderperson Pryor expressed her support for the abatement as
well. She stated that the loss of property taxes would be
mitigated by the new families moving to the city, and raising
their families here.
Alderpersons Vaughan and Mack voiced their support for the
abatement.
Appointments to the Assessment Board of Review
By Alderperson Pryor: Seconded by Alderperson Hershey
RESOLVED, That Paulette Manos and David Whitmore be appointed to
serve on the Board of Assessment Review for 2002.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:50 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor