HomeMy WebLinkAboutMN-CC-2002-08-07
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. August 7, 2002
PRESENT:
Mayor Cohen
Alderpersons (10) Pryor, Sams, Blumenthal, Mack, Manos,
Whitmore, Vaughan, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
Assistant City Attorney - Dunn
City Controller – Thayer
Planning and Development Director – Van Cort
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Community Development Director - Bohn
Assistant Superintendent of Water & Sewer - Fabbroni
Acting Youth Bureau Director - Green
Assistant Fire Chief - Wheaton
Historic/Neighborhood Planner - Chatterton
Director of Development - Lynch
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 Whitmore requested the addition of Item 13.2 - Resolution to Reaffirm
Common Council’s Commitment to the City’s Bias Motivated Crime Law.
No Council member objected
COMMUNICATIONS/PROCLAMATIONS
City Clerk Holcomb read a letter from Larry Roberts concerning the recent racial attack at
Pete’s Grocery Store.
SPECIAL ORDER OF BUSINESS:
5.1 Presentation of the Quarterly Employee Recognition Award
Alderperson Peterson presented the City Employee Quarterly Recognition Award to the
Information Technology Department staffed by Duane Twardokus, Alan Karasin, Scott
Kronenbitter, and Susan Stickel for their exceptional efforts and quality customer
service.
Alderperson Peterson presented the Individual Quarterly Employee Recognition Award
to David Quick, Department of Public Works, for his versatility, dependability, positive
presence and attitude in the workplace.
Mayor Cohen expressed his thanks to these individuals for their hard work and
contributions to the City of Ithaca.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Frances Weisman, City of Ithaca - Exterior Property Maintenance Ordinance
Joanna Luks, City of Ithaca – In support of the proposal for historic designation of
University Hill.
John Schroeder, City of Ithaca -In support of the proposal for historic designation of
University Hill.
Ana Brandis , City of Ithaca – Regarding the need for traffic control signals at Cayuga
and Spencer Streets, and the dog leash law.
August 7, 2002
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Joel Harlan, Town of Dryden - Events taking place on The Commons.
Fay Gougakis, City of Ithaca – Concerns regarding trash found at Cascadilla Falls, the
Inlet Island Promenade project, and the use of boats in the Flood Control channel.
Doria Higgins, Town of Ithaca - Proposed dog park.
RESPONSE TO THE PUBLIC:
Alderpersons Blumenthal and Pryor responded to comments made regarding the
Exterior Property Maintenance Ordinance.
Alderperson Pryor further responded to comments made regarding pedestrian safety on
Spencer Street.
Alderpersons Peterson and Mack thanked the neighbors for the efforts in the historic
designation of the University Hill neighborhood.
Alderperson Sams thanked Council members who have been supportive of her and the
community of color during this stressful period.
Mayor Cohen responded to comments made regarding the incident at Pete’s Grocery
Store. He acknowledged and thanked Acting Mayor Paulette Manos, Alderperson
Diann Sams and Representative Leslyn McBean for the leadership roles they took
within the community. He noted that he met with the young woman involved in the
incident who is a City employee, and stated that he was impressed with her
graciousness, her dignity, and her ability to try to look beyond what has happened. He
thanked those in City Hall and within the community that have reached out to her.
Assistant City Attorney Dunn addressed comments made regarding Common Council
members serving on the Planning Board. She stated that New York State has changed
the law so that a Common Council member cannot serve on the Planning Board even in
a liaison capacity. The reason for the change in the law was to prevent undue influence
by a member of the governing body on Planning Board decisions.
CONSENT AGENDA:
8.1 Fire Department - Request to Establish Capital Project for Nautical
Emergency Response Center
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, the Ithaca Fire Department has been awarded $25,000 in New York State
legislative member initiative funding, through the office of Senator James Seward, to
support design services related to a proposed Nautical Emergency Response Center,
which would be located on Cayuga Lake, and
WHEREAS, this proposed facility, under study for nearly two years, would enhance
local marine safety by providing a joint base of response for local emergency response
agencies, including the Ithaca Fire Department, and improving facilities for local water
safety training, and
WHEREAS, the Ithaca Fire Department is involved in an ongoing search for additional
funding from various public and private sources, which would support construction and
operation of this facility, once approved, and
WHEREAS, we have been advised that establishment of a capital project is the
appropriate financial mechanism to accept and disburse present and future funding
related to this project; now, therefore, be it
RESOLVED, That Common Council hereby authorizes establishment of Capital Project
#461 Nautical Emergency Response Center in an amount not to exceed $25,000, and
be it further
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RESOLVED, That funds necessary for said capital project shall be derived from New
York State Aid.
Carried Unanimously
8.2 Police Department - Request Approval of Mutual Aid for SWAT Teams
Agreement with the Cayuga County
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, local governments are authorized to request and provide police assistance
to each other pursuant to Section 209-m of the New York General Municipal Law
(GML), and
WHEREAS, the temporary exchange of Law Enforcement Officers and equipment for
the purpose of mutual assistance is further contemplated by GML, and
WHEREAS, GML Section 119-0 authorizes municipal corporations to enter into
agreements for the performance of their respective functions, powers and duties on a
cooperative basis, and
WHEREAS, GML Section 209-m, New York Criminal Procedure Law Sections 140.10-1
& 3, 120.60 et seq., and 690.25, and other applicable authority authorize Law
Enforcement Officers to exercise certain police powers and authorities outside their
geographic area of employment when a request for assistance is forthcoming from
another law enforcement agency, and
WHEREAS, the City of Ithaca and Cayuga County have determined that it is in the best
interests of the respective communities and of mutual advantage to enter into an
assistance agreement for the provision of inter-agency Law Enforcement Services, and
WHEREAS, a Mutual Aid Assistance Agreement has been negotiated and drafted by
the Cayuga County Sheriff and the City of Ithaca Acting Chief of Police, as well as by
the Cayuga County Attorney and the City Attorney; now, therefore, be it
RESOLVED, That the City enter into such Mutual Aid Assistance Agreement, and be it
further
RESOLVED, That the Mayor and the Acting Chief of Police are hereby authorized to
execute any documents necessary to formalize such Agreement.
Carried Unanimously
8.3 Common Council - Request to Approve 2002 Bureau of Justice Local Law
Enforcement Block Grant and Matching Funds
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, the City has received notice that its 2002 application under the Bureau of
Justice Assistance Local Law Enforcement Block Grant has been approved and the City
will be awarded $11,342 in 2002 funds to continue the Ithaca Drug Treatment Court,
and
WHEREAS, the City is required under the grant to approve City matching funds in the
amount of $1,260; now, therefore, be it
RESOLVED, That Common Council hereby approves the $11,342 in grant funds from
the bureau of Justice Assistance Local Law Enforcement Block Grant, and be it further
RESOLVED, That Common Council hereby authorizes a City matching allocation in an
amount not to exceed $1,260 to be derived from account A1990 Unrestricted
Contingency for the purposes of funding the City’s Drug Treatment Court, and be it
further
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RESOLVED, That Common Council hereby directs the Controller to make all necessary
budget adjustments for said grant.
Carried Unanimously
8.4 Youth Bureau - Request to Amend 2002 Youth Bureau Budget
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, the Ithaca Youth Bureau has been notified that it will be receiving an
anonymous donation in the amount of $2,596 to support the One-to-One Big Brothers
Big Sisters Program, and
WHEREAS, the additional revenue will assist in developing the Student Opportunities
for Academic Recognition (SOAR) Program in conjunction with the “Village at Ithaca”;
now, therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized Youth
Development Budget as follows for the purposes of accepting said anonymous
donation:
Increase Revenue Account:
A7310-2070-1206 One-to-One $2,596.00
Increase Appropriation Accounts:
A7310-5120-1206 Part Time Seasonal 2,360.00
A7310-9030-1206 FICA/Medicare 181.00
A7310-9040-1206 Workers’ Compensation 55.00
Carried Unanimously
8.5 Youth Bureau - Request to Amend 2002 Youth Bureau Budget
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, the Ithaca Youth Bureau has been notified that it will be receiving a $1,485
Robert Smith Award from Tompkins Trust Company for the One-to-One Big Brothers
Big Sisters Program, and
WHEREAS, the Robert Smith Award will be used to support and expand the work that
the Youth Bureau has been doing in partnership with the Newfield Central School with
the Newfield Big Brother Big Sister Program; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2002 Authorized Youth
Development Budget as follows for the purposes of accepting said award:
Increase Revenue Account
A7310-2070-1206 Contribution for Youth $1,485.00
Increase Appropriation Accounts:
A7310-5120-1206 Part-time Seasonal 1,350.00
A7310-9030-1206 FICA/Medicare 103.00
A7310-9040-1206 Workers’ Compensation 32.00
Carried Unanimously
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8.6 Finance/Controller – Request Approval of 2002 Civil Service Agreement
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an
agreement between the City of Ithaca and the Ithaca City School District for
performance of services by the City in connection with Civil Service matters for the
period July 1, 2002 to June 30, 2003, in the amount of $39,421.00, payable to the City
of Ithaca on or before November 1, 2002.
Carried Unanimously
8.7 Building Department - Request to Amend Personnel Roster - Resolution:
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, the Typist position in the Building Department was decreased from 40
hours to 35 hours to accommodate a previous employee, and
WHEREAS, the employee is no longer with the Building Department, and
WHEREAS, the Building Department is open 40 hours, now, therefore be it
RESOLVED, That Common Council hereby amends the Building Department Personnel
Roster as follows:
Delete: One (1) Typist – 35 hours
Add: One (1) Typist – 40 hours
and be it further
RESOLVED, That the additional funds for the increase be derived from the
department’s existing budget.
Carried Unanimously
8.8 Human Resources Department - Request to Designate Managerial Position
By Alderperson Hershey: Seconded by Alderperson Pryor
WHEREAS, the Education and Training Coordinator position was approved in the
2002 budget but assignment to a compensation plan was not made, now, therefore be it
RESOLVED, That Common Council hereby designates the position of Education and
Training Coordinator to the Managerial Compensation Plan, Salary Grade 2.
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE:
9.1 Planning Department – Request Funds for and Approval of Proposal for Historic
Resource Survey of the Llenroc and Treman Study Area
By Alderperson Vaughan: Seconded by Alderperson Peterson
WHEREAS, the Ithaca Landmarks Preservation Commission is authorized by Common
Council to designate landmarks and historic districts of historic, architectural and cultural
significance, and
WHEREAS, as set forth in the Municipal Code, the Commission may consider requests
from any person, group or association, and
WHEREAS, at the July 9, 2002 meeting of the Commission a proposal for designation of
the University Hill Historic District including a portion named the Llenroc and Treman
historic area was presented by the University Hill neighborhood for consideration, and
WHEREAS, upon preliminary consideration the Commission has determined that the
Llenroc and Treman historic area will likely meet criteria for local designation, and
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WHEREAS, an historic resource survey of the study area is needed to support the
proposed designation, and
WHEREAS, the cost to the City of preparing a survey is estimated to be $7,400 plus
reimbursable expenses and contingencies; now, therefore, be it
RESOLVED, That Common Council authorizes the Director of Planning and Development
to enter into a contract for preparation of an historic resource survey with the City
contribution in an amount not to exceed eight thousand and four hundred dollars ($8,400),
and be it further
RESOLVED, That $8,400 be transferred from A1990 Unrestricted Contingency to account
A8020-5435 Planning Department Contractual Services for said purpose, and be it further
RESOLVED, due to constraints in the 2002 city budget, that staff in the Department of
Planning and Development shall make every reasonable effort to increase the amount of
outside contributions in order to decrease the city contribution of $8,400, and be it further
RESOLVED, That during the survey period, the Planning and Development Board shall
seek the advice of the Ithaca Landmarks Preservation Commission when undertaking
reviews that may entail evaluating impacts of proposed actions affecting resources in the
proposed survey area.
Extensive discussion followed on the floor regarding Council’s support of this Resolution.
Appreciation was given to City Historic/Neighborhood Planner Chatterton for her
commitment to this project and her work in helping to reduce costs.
Amending Resolution:
By Alderperson Mack: Seconded by Alderperson Sams
RESOLVED, That a fifth Whereas Clause be added to the resolution which would read as
follows:
“WHEREAS, the Llenroc Foundation has shown its dedication and support to this district
by contributing $2,000.00 towards this historic study and”
Carried Unanimously
Call the Question
Alderperson Manos requested that the question be called on the Amending Resolution.
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Ayes (9) Blumenthal, Sams, Vaughan, Mack, Cogan,
Vaughan, Whitmore, Manos, Peterson
Nays (1) Pryor
Abstentions (0)
Carried
9.2 Youth Bureau – Request to Support Youth Development Outing Program Over-
Target Request to the Tompkins County Board of Representatives
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the City of Ithaca is interested in the well-being of the youth of the community,
and
WHEREAS, the Ithaca Youth Bureau receives funding from Tompkins County to provide
valuable county-wide youth services, including the Big Brothers Big Sisters Program, Youth
Employment Service (YES), Recreation Mainstreaming Services (RMS), and the Outings
Program, and
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WHEREAS, the city and county budget preparation seasons are underway for 2003, and
county funding for the Outings Program is in jeopardy; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby request that the
Tompkins County Board of Representatives participate in the development of a city-county
process that would look for alternatives that would preserve direct services to young
people, and be it further
RESOLVED, That these discussions should focus on reviewing key inter-municipal
agreements on youth services and on maintaining the continuity of effective youth services,
and be it further
RESOLVED, That Common Council deems it important to begin these discussions before
the conclusion of the 2003 budget process.
Discussion followed on the floor with Alderperson Vaughan explaining the proposed
reductions in County funding that jeopardizes this program.
A vote on the Resolution resulted as follows:
Carried Unanimously
HUMAN RESOURCES COMMITTEE:
10.1 (DPW) (Water & Sewer) - Request to Transfer Funds - Resolution:
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, the New York State 2002 Early Retirement Incentive has resulted in the
retirement of four (4) senior DPW Water & Sewer employees by September 15, and
WHEREAS, customer service, emergency response, provision of water quality
environmental quality, infrastructure reconstruction, and support of economic commerce
by uninterrupted water distribution and wastewater collections are vital activities of the
City, and
WHEREAS, this request would normally go through the Budget and Administration
Committee but due to timing restrictions the chairs of the Budget and Administration
Committee and the Human Resources Committee agreed to review this request at
Human Resources Committee, and
WHEREAS, the Human Resources Committee has endorsed budget transfers within
the existing Water & Sewer 2002 operating budget to shift expenditures to fill the instant
gap with temporary employee(s) and consulting support while positions are realigned,
advertised, and filled, now, therefore be it
RESOLVED, That Common Council authorizes transfer of
$2500 from Account F8311-5105 to F8311-5430 and $3,765 from Account
G8111-5105 to G8111-5430 for consulting assistance and
$11200 from Account F8311-5110 to F8311-5120 and $16800 from
AccountG8111-5105 to G8111-5120 for temporary/seasonal employees to assist
in the daily workflow and administration.
Carried Unanimously
10.2 Finance/Controller - Request Approval of 2002 NYS Retirement Incentive
Program Participants:
By Alderperson Peterson: Seconded by Alderperson Vaughan
WHEREAS, the City enacted Local Law #2, July 2, 2002, adopting the 2002 Retirement
Incentive Program (Chapter 69, Laws of 2002), and
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WHEREAS, the applicable departments and the City Controller have carefully evaluated
the effects of targeting the following positions, and have developed a plan that
demonstrates a savings in the replacement employees’ base salary over the two years
following the retirement of the eligible employees, and
WHEREAS, based on such examination, and subject to operational adjustments and
considerations recognized in concept as a part of this resolution, departments have
determined that in each instance services and related supervision can be provided on a
reasonable basis, should the employees involved in the following targeted positions
exercise their option to retire during the authorized open period; now, therefore, be it
RESOLVED, That the following positions and incumbent employees be targeted for
inclusion in the 2002 Targeted Retirement Incentive Program (Chapter 69, Laws of
2002):
Denis Rumsey, Maintainer
Marilyn Hall, Administrative Secretary
William Baker, Sr. Water Treatment Plant Operator
Neil Bieberich, Jr. Engineer
David McFall, Water Distribution Maintenance Supervisor
Kenneth Harding, Supervisor, Water & Sewer
Alice Green, Acting Youth Bureau Director
Jacqueline Merwin, Youth Program Coordinator
Dominick Cafferillo, Deputy Controller
Carol Wilson, Office Manager
Donald Sharpsteen, Working Supervisor, Bridges
Eugene H. Burdett, Senior Laborer
John Doyle, Recreation Facilities Director
and be it further
RESOLVED, That the memorandum dated July 25, 2002 is accepted, in concept, to
indicate the operational changes set forth by the applicable departments in the interest
of continuing a consistent level of service and related supervision, each subject to future
Common Council action where required.
Carried Unanimously
10.3 Request to form Annual Recognition Award Committee - Report:
Alderperson Peterson reported that five Common Council members are needed to
serve with the Mayor and Corporation Counsel to select the recipient of the City’s
Annual Recognition Award. The following Council members volunteered to serve on the
committee:
Alderpersons: Peterson, Sams, Whitmore, Vaughan, Blumenthal
10.4 City Administrator Report:
Alderperson Peterson reported that the committee has received a great deal of
information provided by the Human Resources Director and City Attorney’s Office to
prepare for a referendum for the November ballot regarding the creation of a City
Administrator position. The intent of the original Resolution adopted in 2000 was to
study this issue, with the plan that the position would be filled in 2003. A Local Law was
laid on the table in preparation to meet the referendum deadline, but there were
substantial questions regarding the law and the job description. The committee wishes
to continue discussions on a regular basis and send this item to referendum at a later
date.
August 7, 2002
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PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
12.1 An Ordinance to Amend Fire Limit Boundaries:
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, there are established within the City of Ithaca certain areas or districts
known as fire limits, and
WHEREAS, fire limits are intended to permit high building density while maintaining an
appropriate level of fire safety, and
WHEREAS, the area for fire limits ‘A’ in the SW-1 zone were recently modified to reflect
a change of use, and
WHEREAS, additional property has changed hands which will cause two additional
parcels to be subject to a change of use, which change should be incorporated into the
SW-1 fire limit area, and
WHEREAS, the Board of Fire Commissioners and the Planning and Development
Committee has approved this change; now, therefore be it
RESOLVED, Section 181-13 of the City of Ithaca Municipal Code is hereby changed to
make the northerly property lines of parcels 100.-3-1 and 101.-1-1.2 be the northerly
boundary of fire limits ‘A’ in district SW-1, rather than the southerly property lines as
previously stipulated, and, be it further
RESOLVED, Ordinance 02- shall be enacted as follows:
ORDINANCE 02-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1. The City of Ithaca Municipal Code, Section 181-13 entitled “Fire limits” is
hereby defined as follows:
A. Fire limits A: those areas of the city which are zoned Industrial I-1 and Business
B2-b, CBD-60, CBD-85, CBD-100, CBD140, WEDZ-1a, WEDZ-1b, SW-1 except the
northern boundary of fire limits in SW-1 shall be the northerly property lines of parcels
100.-3-1 and 101.-1-1.2, SW-2, SW-3, and WF-1 (a, b, c, and d) in the City of Ithaca
Zoning Ordinance (Chapter 325 of this Code).
B. Fire Limits B: those areas of the city which are zoned Business B-2a, B-2c, B-
2d, B-4 or B-5 in the City of Ithaca Zoning Ordinance (Chapter 325 of this Code).
Section 2. Effective Date.
This ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Extensive discussion followed on the floor regarding the location of this area and
whether the tax map parcel numbers indicated in the Ordinance were accurate.
Motion to Table:
By Alderperson Cogan: Seconded by Alderperson Hershey
RESOLVED, That this item be tabled until the correct tax map number can be found for
the parcel in question.
Carried Unanimously
Motion to Remove from the Table:
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That Item 12.1 be Removed from the Table for further consideration.
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Carried Unanimously
Fire Department and Planning Department staff verified that the tax parcel numbers
were accurate.
A vote on the Ordinance resulted as follows:
Carried Unanimously
12.2 Grant Application Technical Assistance in Traffic Engineering and
Transportation Planning for Localities - Resolution:
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the New York State Department of Transportation has issued a request for
applications for Technical Assistance in Traffic Engineering and Transportation Planning
for Localities, and
WHEREAS, the Technical Assistance grant is a reimbursement program for which the
City must provide a 20% match, either in cash or in-kind contributions of labor or
materials, and
WHEREAS, the Meadow Street/Elmira Road corridor south of Six Mile Creek is an
eligible project, and
WHEREAS, this area of the City would greatly benefit from a full corridor management
study, especially focusing on access management and safety and capacity
improvements, and
WHEREAS, the Planning & Economic Development 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 Technical Assistance for Traffic Engineering and Transportation Planning for
Localities for the Meadow Street/Elmira Road Corridor Management Study, with a total
project cost of $47,138.80, 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, understanding that 15% will be
in-kind services provided by City staff and the remaining 5% will be a cash match, and,
be it further
RESOLVED, That the required cash match for this grant opportunity, not to exceed
$2,500, will be derived from Capital Project 450, Southwest Improvements - Route 13
Widening/Taughannock Boulevard Extension.
Alderperson Whitmore voiced his support for the study and the possibilities for multi-
modal use of Route 13.
Alderperson Vaughan stated that she owns property along this corridor, however this
project does not confer any economic benefit to her, and therefore she is not recusing
herself from the vote.
A vote on the resolution resulted as follows:
Carried Unanimously
12.3 An Ordinance to Amend Section 325-5 of the City of Ithaca Municipal Code
Regarding the Adult Uses Boundary Description
By Alderperson Manos: Seconded by Alderperson Whitmore
August 7, 2002
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WHEREAS, on October 4, 2000, the Common Council adopted Ordinance No. 325-
29.1 to amend the Zoning Map established pursuant to Chapter 325 Entitled "Zoning" of
the City Municipal Code, and
WHEREAS, the Ordinance adopted contained two minor errors, such that parcel 2.-2-
389-35-15 was incorrectly noted as 525.-6-1, which is not a parcel number in the City,
but is an account number for this parcel, and parcel 126.-1-2.2 was not given a parcel
number and was just referred to as the area, generally known as the site of the
Tompkins County Recycling and Solid Waste Center, along Commercial Avenue, and
WHEREAS, this kind of error is considered a minor-nonsubstantive error and contains
no changes to the actual boundaries on the official zoning map, and
WHEREAS, it would be difficult for anyone to misconstrue the intended boundary; now,
therefore, be it
RESOLVED, That the Common Council shall adopt this corrective Ordinance as
follows:
ORDINANCE 2002-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section 325-3 shall be amended to delete the definition entitled “Adult
Entertainment Establishment” in its entirety.
Section 2. There shall be a new section 325- __ added to Chapter 325 of the Code of
the City of Ithaca. The new section 325- __ shall be entitled “Adult Uses” and read as
follows:
A. Findings:
Based upon a comprehensive study of the adverse secondary impacts of adult
use establishments as documented in accordance with the ruling of the U.S. Supreme
Court in the matter of the City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986)
and commissioned by the Department of Planning and Development of the City of
Ithaca, the City of Ithaca finds that:
1) There are adverse secondary impacts associated with the establishment and
operation of adult-oriented businesses within a community;
2) Among these adverse secondary impacts are a deterioration in the local
quality of life, an adverse effect upon local property values, an adverse effect upon local
economic viability, an imposition, whether intentional or unintentional, of exposure to
adult-oriented expression undesired by neighbors, pedestrians and passersby, an
increase in traffic, noise, litter and nuisance, criminal and illicit sexual behavior, a threat
to the health and safety of children and young adults and an undermining of the
established sense of community;
3) These adverse secondary impacts of the establishment and operation of adult-
oriented businesses are a threat to the general health, safety and economic viability of
the community;
4) The unregulated establishment and operation of adult-oriented businesses
would lead to the wide-spread imposition of adverse secondary impacts upon the
residents, businesses, economic viability, property values, and quality of life of
the City and would therefore be detrimental to the general health, safety and
economic viability of the community;
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5) The United States Constitution, and the Constitution and laws of the State of
New York grant to the City of Ithaca the powers, especially police powers, to enact
reasonable legislation and measures to regulate the location and operation of adult-
oriented businesses, hereinafter defined, in order to protect the general health, safety
and economic viability of the community.
B. Statement of Intent
1) It is the express intent of the City of Ithaca in adopting this ordinance to:
a) Ameliorate, mitigate, reduce or prevent the wide-spread and
unregulated imposition of the adverse secondary impacts of adult-oriented
businesses upon the residents, businesses, economic viability, property
values, quality of life and general health, safety and welfare of the
community;
b) To protect the right of free expression, guaranteed by the United States
Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses.
2) It is not the intent of the City of Ithaca in adopting this ordinance to:
a) Deny any person the right of free expression, guaranteed by the United
States Constitution and the New York State Constitution, as may be
expressed and presented in the form of goods and services offered by
adult-oriented businesses; or
b) To impose upon any person any additional limitations or restrictions
upon the right of free expression, guaranteed by the United States
Constitution and the New York State Constitution, as may be expressed
and presented in the form of goods and services offered by adult-oriented
businesses, beyond those granted to the City under the United States
Constitution, the New York State Constitution and the laws of the State of
New York regarding the time, place and manner of that free expression.
These constitutionally protected rights are understood to include the right
to sell, distribute and exhibit the legal goods and services offered by adult-
oriented businesses; or
c) To impose upon any person any additional limitations or restrictions
upon the right to obtain, view or partake of any communications
guaranteed by the United States Constitution and the New York State
Constitution, as may be expressed and presented in the form of goods
and services offered by adult-oriented businesses, beyond those granted
to the City under the U.S. Constitution, the New York State Constitution
and the laws of the State of New York regarding the time, place and
manner of that free expression; or
d) To estimate, decide, determine, resolve, consider, conclude, judge or
qualify in any manner or fashion the quality or value of the content, nature,
message, form, format, appearance, substance or presentation of the free
expression guaranteed by the United States Constitution and the New
York State Constitution, as may be expressed and presented in the form
of goods and services offered by adult-oriented businesses.
Aware that, according to numerous decisions by both Federal courts and courts
of the State of New York, the regulation of the location of adult businesses must be
based upon a finding of the adverse secondary impact of these businesses upon the
community and must be directed solely toward the mitigation of these impacts, not be
August 7, 2002
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directed toward any form of speech or expression, be no broader than necessary and
must provide alternative locations within the City for adult use businesses, the City of
Ithaca hereby adopts this amendment to its City Zoning Law.
C. Definitions
1) Adult Use Business
For the purposes of this ordinance, an adult use business shall be defined
as any business which:
a) is the use of land, structure or location for an "adult entertainment
business" or as an "adult physical contact establishment” as herein
defined; or
b) is any use of land, structure or location which, by the provisions of the
Penal Law is required to restrict the access thereto by minors; or
c) which is an establishment, location, building or structure which features
topless dancers, nude dancers or strippers, male or female; or
d) which is a location, building or structure used for presenting, lending or
selling motion picture films, video cassettes, cable television or any other
such visual media, or used for presenting, lending or selling books,
magazines, publications, photographs or any other written materials
distinguished or characterized by an emphasis on matter depicting,
describing or relating to 'specific sexual activities' or 'specific anatomical
areas' as defined below.
2) Adult Entertainment Businesses
Adult entertainment businesses, including adult book stores, adult video
stores, adult motion picture theaters, adult mini-motion picture theaters,
adult cabarets, and adult drive-in theaters shall be defined as follows:
a) an adult book store is defined as an establishment having a
substantial or significant portion of its stock in trade books, magazines and
other periodicals which are distinguished or characterized by their
emphasis on matter depicting, describing or relating to 'specific sexual
activities' or 'specific anatomical areas' as defined below.
b) an adult video store is defined as an establishment having as a
substantial or significant portion of its stock in trade video films, video
cassettes or other films for sale or rental which are distinguished or
characterized by their emphasis on matter depicting, describing or relating
to 'specific sexual activities' or 'specific anatomical areas' as defined
below.
c) an adult motion picture theater is defined as a building with a
capacity of fifty (50) persons or more used for presenting material
distinguished or characterized by its emphasis on matter depicting,
describing or relating to 'specific sexual activities' or 'specific anatomical
areas' as defined below for the observation of patrons therein;
d) an adult mini-motion picture theater is defined as an enclosed
building with a capacity of less than fifty (50) used for presenting material
distinguished or characterized by its emphasis on matter depicting,
describing or relating to 'specific sexual activities' or 'specific anatomical
areas' as defined below for the observation of patrons therein;
e) an adult cabaret is defined as an establishment which features
live go-go dancers, exotic dancers, strippers, male or female, male or
female impersonators or similar entertainers whose performances are
characterized by partial or full nudity;
August 7, 2002
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f) an adult drive-in theater is a drive-in theater utilized for the
presentation of materials distinguished or characterized by their emphasis
on matter depicting, describing or relating to 'specific sexual activities' or
'specific anatomical areas' as defined below for the observation of patrons
therein;
3) Adult Physical Contact Establishment
An adult physical contact establishment is defined as any
establishment which offers or purports to offer massage or other physical
contact to patrons of either gender by employees or staff of either gender.
Medical offices, offices of persons licensed or authorized under the
Education Law to practice massage therapy, offices of persons licensed or
otherwise authorized by the Education Law as a physical therapist or
physical therapist assistant and electrolysis, karate, judo and dance
studios are not to be considered adult physical contact establishments
under this section;
4) Specified sexual activities
a) human genitals in a state of sexual stimulation or
arousal; or
b) acts of human masturbation, sexual intercourse or
sodomy; or
c) fondling or other erotic touching of human genitals,
pubic regions, buttocks or female breast.
5) Specified anatomical areas
a) less than completely and opaquely covered human genitals, pubic
region, buttock and female breast below a point immediately above the top
of the areola; or
b) human male genitals in a discernable turgid state, even if
completely or opaquely covered;
D. Location
1) Adult Uses may not be located in any zone except the following portions of
the I-1 use districts as more fully detailed on the official zoning map of the City of
Ithaca. The permitted adult use areas are conveniently described herein solely for
purposes of this legislation.
a) The I-1 site bordered on the east by the railroad property known as
parcel numbers 525.-6-1 2.-2-3 which borders on New York State Routes 13 and
34, on the north and west by parcel 16.-1-3 which is the site of the TCAT and
Ithaca DPW facilities, and on the south by parcels 16.-1-8, 16.-1-5.2 and 16.-1-
5.1;
b) Parcel number 126.-1-2.2 which is the area, generally known as the site
of the Tompkins County Recycling and Solid Waste Center, along Commercial
Avenue;
c) The area bounded on the north by the northerly border of parcel 78.-1-
1.1, on the east by parcel 78.-1-2.2, by Cherry Street on the west and by Cecil
Malone Drive (the former West Clinton Street) on the south;
d) The area bordered by Cherry Street on the west, by Cecil Malone Drive
on the north, by a line perpendicular to the end of Cherry Street on the south and
by the railroad parcels known as 525.-6-1 on the east.
August 7, 2002
15
2) Adult Uses may not be located, when initially opened as, or converted to,
an adult use, within 350 feet of any of the following:
a) The boundary of any residential zoning district.
b) Any property, including the exterior lot, used as a licensed day-care
facility.
c) Any structure, including the exterior lot, which has tax exempt status as
a religious or educational use.
d) Any waterfront, park or farmers' market.
e) Any gymnastic center, library or museum.
f) Within 200 feet of the boundary of any Marine Commercial Districts.
E. Public View and Lighting
1) Lighting throughout an adult use establishment shall be sufficient to
illuminate every place to which patrons are permitted access.
2) Any and all booths, cubicles, studios, studies and rooms for the private
viewing of adult motion pictures and/or live performances or areas shall
a) be open to public view from the common area of the
establishment;
b) not have any doors, curtains, blinds or other structures or
devices that shall impede observation of the entire area of such
private viewing areas from the common area of the establishment;
c) be well lighted and readily accessible at all times and shall
continuously be open to view.
F. Sale of Alcohol Prohibited
The sale and/or consumption of alcohol is prohibited within the designated
adult use zone.
G. Site Plan Review/Landscaping.
1) All adult use establishments shall be subject to Chapter 272 entitled
“Signs” of the Code of the City of Ithaca.
2) All adult use establishments, when initially opened as, or converted to,
an adult use shall be subject to Chapter 276 entitled “Site Plan Review” of the Code of
the City of Ithaca and shall be subject to appropriate landscaping as determined in the
site plan review process.
Section 3.
This Ordinance shall take effect immediately in accordance with law upon
publication of a notice as provided in the Ithaca City Charter.
Carried Unanimously
12.4 Inlet Island Land Exchange to Ithaca Urban Renewal Agency (IURA) for
Disposition - Resolution:
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca owns tax parcels #52.-1-1.1 and #58.-2-1.2 on Inlet Island
which adjoin the Station Restaurant and Sleeping Cars, located at 806 W. Buffalo, and
WHEREAS, approximately 2.75 acres of this City-owned land is located outside the
boundary of Brindley Park and is not necessary for development of the waterfront
promenade along the Flood Control Channel, and
August 7, 2002
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WHEREAS, the City desires to revitalize Inlet Island by developing an attractive,
pedestrian-scale, urban waterfront neighborhood featuring waterfront-enhanced private
sector uses linked by a public waterfront promenade, and
WHEREAS, current land ownership patterns pose an obstacle to revitalization of Inlet
Island in accordance with the Inlet Island Urban Design Plan, and
WHEREAS, the City desires to acquire the right to construct a portion of the Inlet Island
waterfront promenade on land owned by Joseph O. Ciaschi, and
WHEREAS, the City seeks to explore exchanging City-owned land located south of Rt.
89 in return for privately owned land located north of Rt. 89 to allow appropriate private
and public sector development in accordance with the goals of the Inlet Island Land Use
Plan, and
WHEREAS, a Phase I Environmental Site Assessment for property owned by the City of
Ithaca was prepared by GZA GeoEnvironmental of New York on July 1, 2002 and
recommended a Phase II Environmental Site Assessment be completed to better
understand the impacts of historical railroad site uses on subsurface soil and
groundwater, and
WHEREAS, a Phase I Environmental Site Assessment for property owned by Ciaschi
was prepared by The RETEC Group, Inc. on December 5, 2001 that found discharges
have occurred from a former onsite underground storage tank (UST) and recommended
remediation of impacted soils, and
WHEREAS, the IURA classified the proposed Inlet Island land exchange action as a
Type I Action under the City of Ithaca Environmental Review Ordinance, and
WHEREAS, on July 23, 2002 the IURA passed a resolution declaring itself as Lead
Agency; and adopted as its own, the findings and conclusions more fully set forth in the
Full Environmental Assessment Form dated May 8, 2002, and
WHEREAS, on July 23, 2002 the IURA, acting as the designated Lead Agency for the
environmental review, determined that the proposed action at issue will not have a
significant adverse impact on the environment and that further environmental review is
unnecessary; now, therefore be it
RESOLVED, That the Common Council does hereby declare as surplus property that
portion of City of Ithaca Tax Parcels #52.-1-1.2 located outside of Brindley Park that is
not necessary for development of the Inlet Island Promenade, and, be it further
RESOLVED, That the Common Council does hereby declare as surplus property that
portion of City of Ithaca Tax Parcel #58.-2-1.2 located south of the Rt. 89 right-of-way
that is not necessary for development of the Inlet Island Promenade, and, be it further
RESOLVED, That the Common Council does hereby authorize conveyance of this
approximately 2.75 acres of surplus property to the Ithaca Urban Renewal Agency
(IURA) for disposition in accordance with the provisions of §507 of General Municipal
Law requiring approval by the Common Council prior to the IURA’s proposed disposition
of the property, and, be it further
RESOLVED, That the Common Council does hereby designate this City-owned surplus
property and tax parcels #52.-1-1.1 and #52.-1-1.3 owned by Joseph O. Ciaschi as
appropriate for acquisition by the IURA, and, be it further
RESOLVED, That the IURA is requested to develop a proposed sales agreement of
such surplus property in exchange for land on Inlet Island of approximately equal value
owned by Joseph O. Ciaschi, and, be it further
August 7, 2002
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RESOLVED, That the valuation of land exchanged shall take into account the value of
the future waterfront public promenade and the projected cost of any environmental
remediation which will still be necessary after conveyance of the properties, and, be it
further
RESOLVED, That the staff is directed to prepare any necessary subdivision application
to carry out this resolution, and, be it further,
RESOLVED, That the IURA shall be reimbursed by the City for any and all reasonable
costs borne by the IURA in acquiring, holding, site preparation and disposing of surplus
City property, and any property acquired as a result of this disposition, and, be it further
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized to
sign any and all instruments necessary for the subdivision and conveyance of the above
identified surplus properties to the Ithaca Urban Renewal Agency.
Extensive discussion followed on the floor regarding how the exchange of land would
affect the City.
Amending Resolution:
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That the second to the last Resolved Clause be removed from the
resolution as the IURA has funds to cover the administrative costs of disposition of the
property.
Ayes (9) Vaughan, Hershey, Blumenthal, Pryor, Peterson,
Mack, Cogan, Manos, Sams
Nays (1) Whitmore
Abstentions (0)
Carried
Superintendent of Public Works Gray stated that a new sewer line runs under this
property that should be encumbered into the agreement.
Director of Planning & Development VanCort stated that this issue would be discussed
with the buyer, and our deed would indicate the sewer encumbrance.
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
12.5 FY 2002 “Main Street New York” (MSNY) Grant Application - Resolution:
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, on July 8, 2002 Governor Pataki announced the availability of the Main
Street New York (MSNY) Downtown Development Initiative Program grants to be
administered by the Governor’s Office for Small Cities, and
WHEREAS, MSNY is a downtown and commercial enhancement program that provides
grants through a competitive award process to improve community appearance and
pursue development and community improvement projects, and
WHEREAS, activities must involve projects that are available to the general public, will
result in a benefit to the general public and will improve the viability of downtown
commercial areas, and
WHEREAS, the MSNY application is due by August 12, 2002, and
August 7, 2002
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WHEREAS, the City of Ithaca is eligible to apply for up to $25,000 through the MSNY
program, and
WHEREAS, a match equal to 50% of the total project cost is required, and
WHEREAS, the match may be in the form of private or public funding/services,
including funds expended during the prior 12 months, and
WHEREAS, selection of a proposed activity was based on priorities for
Downtown/Commons improvements established by the Ithaca Downtown Partnership
and the Report of the Commons Design Review Committee (1999) together with the
grant rating criteria, and
WHEREAS, Capital Project #386 – Commons Improvement – was established to fund a
variety of capital improvements on the Commons, and
WHEREAS, funding from CP #386 has been awarded to Thomas Associates to analyze
existing Commons lighting and develop plans to upgrade street lighting and electrical
systems on the Commons, and
WHEREAS, the Executive Director for the Ithaca Downtown Partnership endorses use
of MSNY funds to improve Commons lighting; now therefore be it
RESOLVED, That the Common Council hereby authorizes the application for a grant of
up to $25,000 under the Main Street New York Downtown Development Initiative
Program for the following budgeted activity:
Commons Improvement – Improve Commons Lighting
$24,000 Install pedestrian-scale street lighting and upgrade outdoor electrical systems
on Commons
$1,000 IURA administration
$25,000 TOTAL,
and be it further
RESOLVED, That the $25,000 required match shall be provided from the unexpended
balance of authorized funds from the Commons Improvements capital project (CP
#386), or in kind contribution provided by the City, and, be it further
RESOLVED, That the Common Council authorizes the Ithaca Urban Renewal Agency
(IURA) to administer and implement assisted activities in compliance with program
requirements and applicable regulations, and, be if further
RESOLVED, That the IURA, upon consultation with the Mayor and the Director of the
Ithaca Downtown Partnership, is authorized to modify the application to resolve feasibility
and rating concerns, and, be it further,
RESOLVED, That the Mayor, upon the advise of the City Attorney and the Executive
Director of the IURA, is hereby authorized to execute any and all documents for the
submission of this application, acceptance of funding and implementation of the
program.
Community Development Director Bohn stated that the State is making grants available
of up to $25,000.00 for communities to make improvements to their downtowns. There
is a one-to-one match requirement for this application, but the match can be in the form
of in-kind services or previously funded improvements related to the project. The
recommendation is that this funding be earmarked towards the Commons lighting
improvement project being developed by Thomas Associates which involves an
electrical upgrade and installation of pedestrian scale lighting on the primary Commons.
August 7, 2002
19
Alderperson Blumenthal stated that although she has been a long time supporter of
downtown, she could not support the recommendation as it is configured.
Amending Resolution:
By Alderperson Peterson: Seconded by Alderperson Pryor
RESOLVED, That the second Resolved Clause be amended to read as follows:
“RESOLVED, That the $25,000.00 required match shall be provided from previous
expenditures in Commons Improvements and be it further,”
Extensive discussion followed on the floor regarding how the City can support this
project under the current financial constraints.
Call the Question on the Amendment
Alderperson Peterson requested that the question on the amendment be called.
Ayes (7) Vaughan, Manos, Cogan, Whitmore, Sams, Peterson
Mack
Nays (3) Pryor, Hershey, Blumenthal
Carried
Amending Resolution
A vote on the Amending Resolution resulted as follows:
Ayes (8) Manos, Pryor, Sams, Whitmore, Vaughan,
Mack, Cogan, Hershey
Nays (2) Blumenthal, Peterson
Abstentions (0)
Carried
Amending Resolution:
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the $25,000 required match shall be provided from the unexpended
balance of authorized funds from The Commons improvement fund and be it further”
Ayes (7) Hershey, Vaughan, Sams, Mack, Cogan, Whitmore,
Pryor
Nays (3) Manos, Peterson, Blumenthal
Abstentions (0)
Carried
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (8) Vaughan, Mack, Pryor, Manos, Cogan, Whitmore
Hershey, Sams
Nays (2) Blumenthal, Peterson
Carried
12.6 Empire Zone Designation - Resolution:
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, Section 961 of Article 18-B of NYS General Municipal Law authorizes
application by Tompkins County Area Development for designation of parts of Tompkins
County as an Empire Zone within the meaning of said statute; and
WHEREAS, such designation could greatly benefit Tompkins County and its constituent
municipalities in that new businesses would be encouraged to locate in the zone area,
and existing businesses would be encouraged to expand in the zone area and such new
August 7, 2002
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and expanded businesses would generate new employment opportunities for Tompkins
County residents; and
WHEREAS, Tompkins County and other municipalities intend to authorize submission
of an application for designation of areas within Tompkins County as an Empire Zone;
and
WHEREAS, Tompkins County Area Development, in consultation with the City of Ithaca
wishes to designate certain areas within the City of Ithaca as part of the proposed
Empire Zone; and
WHEREAS, the City of Ithaca is desirous of working with Tompkins County Area
Development through the Empire Zones Program to provide enhanced employment
opportunities for residents of the City of Ithaca; now therefore be it
RESOLVED, By the Common Council of the City of Ithaca, that it fully supports and
concurs in the Tompkins County Area Development actions to authorize and submit an
application for an Empire Zone designation within the City of Ithaca and certain areas of
Tompkins County.
Economic Development Director McDonald described the Empire Zone program and
noted surrounding zones already in existence.
A vote on the resolution resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed.
RECONVENE:
Common Council reconvened into Regular Session.
NEW BUSINESS:
13.1 Expansion of the Cayuga Green Client Committee - Resolution:
By Alderperson Cogan: Seconded by Alderperson Hershey
WHEREAS, by previous resolution, Common Council created a Cayuga Green Client
Committee to provide oversight and opportunities for input during the development
phase of Cayuga Green, and
WHEREAS, Common Council approved the area under the Green Street parking
garage as the location of the downtown Intermodal Transportation Center (ITC),
pending proof of logistical and fiscal feasibility, and
WHEREAS, Tompkins Consolidated Area Transit (TCAT) has been instrumental in
securing federal funding for, and will play a critical role in constructing an ITC, and
WHEREAS, there is currently no representative of TCAT on the Cayuga Green Client
Committee, and
WHEREAS, the Cayuga Green Client Committee was designated with 14 members,
who were appointed by Common Council on July 10, 2002, and
WHEREAS, the Chair of the client committee was granted the authority to appoint
replacements in the event that members were unable to serve, but the authority to
expand the committee remains Common Council’s; now, therefore be it
RESOLVED, That Common Council approves the expansion of the Cayuga Green
Client Committee to 15 members, with the additional seat to be filled by a representative
of TCAT, and be it further
August 7, 2002
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RESOLVED, That Common Council approves the appointment of Rod Ghearing,
General Manager of TCAT, to fill the newly created seat.
Alderperson Cogan stated that this resolution expands the Cayuga Green Client
Committee and appoints a representative from TCAT to the Client Committee.
Alderpersons Sams voiced her opposition to this Resolution as the committee originally
consisted of 14 seats, five of which are held by the Ithaca Downtown Partnership, the
Mayor, a Council member, and a Planning Board member. She feels that the input of
community members was overlooked by not having more seats on the committee.
A vote on the resolution resulted as follows:
Ayes (9) Blumenthal, Manos, Cogan, Pryor, Whitmore, Peterson
Hershey, Mack, Vaughan
Nays (1) Sams
Carried
13.2 Resolution to Reaffirm Common Council’s Commitment to the City’s Bias
Motivated Crime Law
By Alderperson Whitmore: Seconded by Alderperson Sams
WHEREAS, on June 7, 2000, the City of Ithaca Common Council adopted a local law to
amend Chapter 215 of the Ithaca City Code to include a new Article V entitled “Bias-
Motivated Crimes”, and
WHEREAS, the Common Council recognized that such criminal laws are necessary to
provide clear recognition of the seriousness of bias related crimes and the importance
of preventing their occurrence within the City of Ithaca, and
WHEREAS, the recent events remind us all that violence motivated by racial intolerance
and hatred, as well as other forms of bias may occur in Ithaca; now, therefore, be it
RESOLVED, That Common Council unequivocally condemns all forms of bias related
intolerance and violence, and, be it further
RESOLVED, That Common Council, like all people of good will in our community,
deplores racial intolerance as well as all forms of intolerance, and, be it further
RESOLVED, That Common Council reaffirms its commitment to Chapter 215, Article V
of the Ithaca City Code, entitled “Bias-Motivated Crimes.”
Extensive discussion followed on the floor regarding this resolution.
Mayor Cohen stated for the record that this is a response to alleged actions that were
clearly related to racial intolerance. The original Ordinance that was adopted by
Common Council unequivocally condemns all forms of bias related violence, however
this Resolution also emphasizes racial intolerance.
Alderperson Sams requested that the record show that she would like the language in
this Resolution to indicate that the incident was violent, and voiced her frustration with
the amended language.
A vote on the resolution resulted as follows:
Carried Unanimously
August 7, 2002
22
REPORT OF COUNCIL LIAISONS:
Alderperson Cogan distributed a written report on the status of the Cayuga Green
Project , and asked Council members to contact him with questions. There have been
three Client Committee meetings to date. Highland Architects has been hired by the
NDC to meet with the committee. There are a lot of concerns regarding the location of
the inter-modal center. Other topics of Committee discussion include: the creek walk,
housing, the location for retail, and what the best use is for underneath the Green Street
parking garage. The project is following a very aggressive schedule, and most of the
design will be occurring over the next two months. The guaranteed maximum price of
the project should be available by the end of October.
Outstanding issues that need further discussion include: parking during the construction
period, project financing, and the location of the inter-modal center.
Alderperson Cogan further stated that public input sessions are in the process of being
scheduled for later in the month. He encouraged Council members to attend meetings
of the Client Committee.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Manos thanked Council members for their support while she was serving
as Acting Mayor. She thanked the Department Heads, and Support Staff throughout the
City upon whose expertise she relied on.
Alderperson Whitmore announced that on August 11, 2002, at Conway Park, at 8:30
p.m., there will be an outside movie night. He further announced that the Soul Food
Cook Out is happening at the Common Ground on Saturday, August 24, 2002 from 1:00
to 5:00 p.m.
Alderperson Peterson announced that the City Hall Employee Picnic is September 20,
2002, from 12:00 p.m. to 4:00 p.m. at Stewart Park. Common Council members are
encouraged to attend and join in the festivities.
ADJOURNMENT:
On a motion the meeting adjourned at 11:20 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor