HomeMy WebLinkAboutMN-CC-2004-02-04 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm February 4, 2004
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Luster
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Planning and Development Director – Cornish
Economic Development Director – McDonald
Community Development Director - Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Special Order of Business:
Alderperson Berry noted that there is a substitute Resolution for Item 4.4 – Request to
Honor Diann Sams and Salute African American History Month in the City of Ithaca.
No Council member objected.
Governance Committee:
Alderperson Mackesey requested that Item 10.1 Common Council Rules of Procedure –
Report reflect a more general report regarding the activities of the Governance
Committee.
No Council member objected.
Communication from Common Council:
Alderperson Whitmore reported that he had a communication from the Recreation
Partnership.
No Council member objected.
Unfinished and Miscellaneous Business
Alderperson Zumoff requested that the motions to enter into Executive Session be
deferred to the end of the meeting.
No Council member objected.
February 4, 2004
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SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Adoption of the Revised City of Ithaca
Waterfront Zoning District
Resolution to Open Public Hearing:
By Alderperson Zumoff: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing to Consider the Adoption of the Revised City of
Ithaca Waterfront Zoning District be declared open.
Carried Unanimously
The following people addressed Common Council:
Fay Gougakis – City of Ithaca
Steve Flash – Member of Marina Reality
Joel Harlan – Town of Newfield
Jim Kerrigan – City of Ithaca
Neil Oolie – City of Ithaca
Roxanne List – City of Ithaca
Resolution to Close Public Hearing:
By Alderperson Whitmore: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to Consider the Adoption of the Revised City of
Ithaca Waterfront Zoning District be declared closed.
Carried Unanimously
4.2 A Public Hearing on the Proposed Citizen Participation Plan (CP Plan)
Resolution to Open Public Hearing
By Alderperson Cogan: Seconded by Alderperson Korherr
RESOLVED, That the Public Hearing on the Proposed Citizen Participation Plan (CP
Plan) be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That the Public Hearing on the Proposed Citizen Participation Plan (CP
Plan) be declared closed.
Carried Unanimously
4.4 Resolution to Honor Diann Sams and Salute African American History
Month in the City of Ithaca
By Alderperson Townsend: Seconded by Alderperson Berry
WHEREAS, Carter G. Woodson, noted African American scholar (1875-1950),
historian, and the son of former slaves, founded the Association for the Study of Negro
Life and History in 1915, which was later renamed the Association for the Study of
African American Life and History, initiated Black History Week on February 12, 1926,
and
WHEREAS, for many years, the 2nd week of February, (chosen so as to coincide with
the birthdays of Frederick Douglass and Abraham Lincoln) was celebrated by Black
people in the United States, and in 1976, as part of the nation's Bicentennial, it was
expanded and became established as Black History Month, and is now celebrated all
over North America, and
WHEREAS, it is only fitting and right to celebrate the tremendously rich legacy of black
Americans, both in the past and present, who have contributed significantly to the
development, enhancement, and overall progress of our City and our nation, and
WHEREAS, it is only fitting and right to recognize those pioneers who have paved the
way for social justice, racial progress, and equity, and
WHEREAS, Diann Sams, one such pioneer, and our City’s second Alderperson of color
and its first woman of color, helped pave the way for other African Americans to run for
February 4, 2004
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office in the City, and made a significant impact on bringing to the forefront the needs of
people of color, women, the poor, the disabled, the disenfranchised, and any others
who are discriminated against, and
WHEREAS, Diann Sams, who although retired from her work as an Alderperson,
continues to give tirelessly to many causes as she continues to fortify and enrich the
lives of others with her kind heart and seemingly unrelenting drive for justice, now
therefore be it
RESOLVED, That Common Council hereby recognizes and salutes Diann Sams and all
other black people in the City, and all other citizens who will gather throughout this
month to celebrate African American History, the diversity of black culture in America,
and in so doing, will be united together in this just and good cause.
Discussion followed on the floor with Common Council members and Mayor Peterson
honoring Diann by sharing their personal thoughts and memories of Diann.
A vote on the Resolution resulted as follows:
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Ellen McCollister, Planning Board Member – 6 pt. Traffic Plan
Jane Marcham, Planning Board Member – 6 pt. Traffic Plan
John Beach, Planning Board Member – 6 pt. Traffic Plan
Jennifer Dotson, BPW Member – 6 pt. Traffic Plan
Neil Oolie, City of Ithaca – in favor of Council reviewing plans and projects
Joel Harlan, Town of Newfield – 6 pt. Traffic Plan, proposed Nuisance Legislation
Victoria Jordan, Town of Brooktondale – In favor of Council review of 6 pt. Traffic Plan
Joe Wetmore, Town of Ithaca – In favor of Council review of 6 pt. Traffic Plan
Fay Gougakis, City of Ithaca – Cornell Vet School medical waste, public forums,
proposed Nuisance laws, speeding
Susan Titus, Town of Ithaca – Taughannock Blvd Extension
Scott Garin, IPD Officer – Resolution honoring Diann Sams, thanks to Mayor for open
communication with Police Department, and her support of City employees
Sarah Adams, City of Ithaca – In favor of Council review of 6 pt. Traffic Plan
Guy Gerard, City of Ithaca – Common Council Rules of Procedure, Roberts Rules of
Order
Will Burbank, Town of Ithaca – In favor of Council review of 6 pt. Traffic Plan
Jessie Lind, City of Ithaca – 6 pt. Traffic Plan, Taughannock Blvd. Extension
Jim Kerrigan, City of Ithaca – Process concerns regarding prior information of public
hearing topics
RESPONSE TO PUBLIC:
Alderperson Mackesey responded to comments made regarding public information and
communication with residents affected by legislative changes.
Alderperson Korherr thanked Mr. Wetmore for the book he distributed to Council
members and responded to comments made by Officer Garin. She further recognized
the efforts and hard work of the Ithaca Police Department and thanked the responding
police agencies that provided mutual aid during a recent murder investigation.
Alderperson Tomlan thanked all of the speakers for their comments and responded to comments made regarding the lack of information on public hearing topics. She stated that all of the notices of the public hearings had been published and the legislation had been made available to the public.
Alderperson Whitmore responded to comments made regarding the IURA Entitlement
Program and the Citizens Participation Plan.
Mayor Peterson responded to comments made regarding the Taughannock Blvd.
Extension Feasibility Study and announced that she has scheduled a Committee of the
February 4, 2004
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Whole meeting for Tuesday, February 10, 2004 at 7:00 p.m. so that Council members
can further discuss this item and have their questions answered. She further
announced that she had signed a Memorandum of Understanding with the Ithaca Police
Department regarding their return to permanent shifts.
7. CONSENT AGENDA:
Alderperson Zumoff requested that Item 7.3 Fire Department – Request to Establish
Capital Project #476 for Grant – Resolution be removed from the Consent Agenda and
become Item 8.3.
Alderperson Korherr requested that Item 7.7 Planning & Development – Request to
Amend 2004 Authorized Personnel Roster – Resolution be removed from the Consent
Agenda and become Item 8.4.
7.1 GIAC – Request to Amend Personnel Roster – Resolution
By Alderperson Mackesey: Seconded by Alderperson Whitmore
WHEREAS, Desiree Jenkins, a Recreation Assistant at the Greater Ithaca Activities
Center (GIAC), has requested permission to reduce her hours from 35 per week to 26
per week for her educational pursuit, now, therefore, be it
RESOLVED, That Common Council hereby authorizes an amendment to the GIAC
personnel roster as follows:
Reduce hours: One (1) Recreation Assistant 35 hours/week to 26 hours/week until
May 15, 2004.
Carried Unanimously
Mayor Peterson requested that Alderperson Berry review the consent agenda items for Council Members.
7.2 Common Council - Request Temporary Expansion of the GIAC Director’s
Duties and Responsibilities to Include Limited Oversight of the Southside
Community Center – Resolution
By Alderperson Mackesey: Seconded by Alderperson Whitmore
WHEREAS, the Southside Working Group formed in November, 2003 to address the
future relationship between the Southside Community Center, Inc., the City of Ithaca
and the Greater Ithaca Activities Center (GIAC), Inc., and
WHEREAS, the Southside Working Group has only just begun to formulate options for
the successful collaboration between the Southside, the City of Ithaca and GIAC, and
WHEREAS, the Southside Community Center, Inc. and GIAC, Inc. are committed to
further collaboration, and
WHEREAS, the Southside Community Center must maintain sufficient administrative
support while the Southside Working Group completes its recommendations for future
collaboration, and
WHEREAS, the Southside Community Center will soon hire an interim Director to
handle the day-to-day operations of the Southside, and
WHEREAS, it is in the best interests of the City of Ithaca and the Southside Community
Center that the GIAC Director play some role in the short-term operations of the
Southside, and
WHEREAS, the Southside Community Center has agreed to fund the stipend
appropriate for the temporary expansion of the responsibilities of the GIAC Director;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca temporarily expands the
duties and responsibilities of the GIAC Director to include limited oversight of the
Southside Community Center for February, March, and April, 2004, and be it further
February 4, 2004
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RESOLVED, That the GIAC Director shall receive a three-month stipend in the sum not
to exceed $746 for this temporary expansion of duties and responsibilities, and be it
further
RESOLVED, That this stipend shall be funded by Southside Community Center, Inc.
Carried Unanimously
7.4 DPW – Request to Approve 2004 Budget Amendment for NYS Highway
Safety Program Grant – Resolution
By Alderperson Mackesey: Seconded by Alderperson Whitmore
WHEREAS, the City has been awarded a NYS Highway Safety Program grant from the
Governor’s Traffic Safety Committee for the Central Business District (CBD) Traffic
Signal Retiming Project, and
WHEREAS, the signals to be retimed will be those located in the CBD bordered by
Court Street to the north, Clinton Street to the south, Corn Street to the west, and
Aurora Street to the east, and
WHEREAS, grant funds through said program total $61,000, and
WHEREAS, the funds to be expended will be for consultant fees and evaluation
software, and
WHEREAS, the 2004 City Budget is in need of adjustment to better reflect the grant for
this program; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2004 Adopted City Budget by
an amount not to exceed $61,000 for the purpose of accounting for said grant program
as follows:
Increase Revenue Account:
A1440-3389 $61,000.00
Increase Appropriation Accounts:
A1440-5435 $54,000.00 Consultant Fees
A1440-5210 7,000.00 Evaluation Software
$61,000.00
Carried Unanimously
7.5 Youth Bureau - Request to Amend 2004 Youth Bureau Budget for US
Department of Justice Grant – Resolution
By Alderperson Mackesey: Seconded by Alderperson Whitmore
WHEREAS, the Ithaca Youth Bureau has been notified it will receive a $220,000
Department of Justice Juvenile Mentoring Program Grant to develop the Beverly J.
Martin School Mentoring Project, and
WHEREAS, the $220,000 grant will be received and expended over the next three
years with the first year revenue and expenses to be $63,812; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2004 Youth Bureau Budget to
account for said Department of Justice Grant as follows:
Increase Revenue Accounts:
A7310-4820-1206 Federal Aid $ 5,582
A7310-4820-1240 Federal Aid 54,311
A7310-4820-1400 Federal Aid 3,919
$63,812
February 4, 2004
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Increase Appropriation Accounts:
A7310-5110-1240 Staff Salaries $29,763
A7310-5120-1240 P/T Seasonal 5,000
A7310-5120-1400 P/T Seasonal 3,450
A7310-5120-1206 P/T Seasonal 4,016
A7310-5460-1240 Program Supplies 5,270
A7310-5445-1240 Travel & Mileage 1,990
A7310-9010 State Retirement 3,572
A7310-9030 Social Security/Medicare 3,231
A7310-9040 Workers’ Compensation 2,323
A7310-9060 Health Insurance 5,197
$63,812
Carried Unanimously
7.6. Youth Bureau - Request to Amend Personnel Roster – Resolution
By Alderperson Mackesey: Seconded by Alderperson Whitmore
WHEREAS, Joby Greenspun, a member of the Recreation Mainstreaming Services
(RMS) Program staff, has requested permission to reduce her hours and work part-time,
for personal reasons, and
WHEREAS, by using temporary/seasonal staff, this request may be honored without
significantly impacting services, now, therefore, be it
RESOLVED, That Common Council hereby authorizes an amendment to the Youth
Bureau personnel roster as follows:
Reduce hours: One (1) Recreation Specialist (RMS) 35 hours/week to 30
hours/week from February 9, 2004 to May 29, 2004.
and be it further
RESOLVED, That Common Council authorizes the Controller to transfer $634 from
Account # A7310-110-1600 to Account # A7310-120-1601 and Account # A7310-120-
1602.
Carried Unanimously
7.8 Finance/Controller - Request Approval of Expense Reduction Services
Agreement – Resolution
By Alderperson Mackesey: Seconded by Alderperson Whitmore
WHEREAS, the City of Ithaca is considering participating in an Energy Curtailment
Program and the first step in this process is a utility billing audit and,
WHEREAS, the Utility and Telecommunications Consulting Firm of Troy & Banks is
experienced in this type of audit and,
WHEREAS, Troy & Banks’ services are offered under State Contract and this contract
is considered by the State to be a “No Cost” contract and,
WHEREAS, the results of this audit will potentially bring refunds or rebates to the City
and the information obtained will be utilized in the potential future participation of the
Energy Curtailment Program, now, therefore, be it
RESOLVED, That the office of the City Controller is hereby authorized and directed to
execute and deliver to Troy & Banks an Agreement for expense reduction services, a
copy of which is attached hereto and made a part hereof, and be it further
RESOLVED, That the conditions, duration and term, purpose and objective, manner
and extent of payments are set forth in the attached Agreement.
Carried Unanimously
February 4, 2004
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8. CITY ADMINISTRATION COMMITTEE:
8.1 An Ordinance Amending Sections 300-1(A)(1) and 300-2(A) of Chapter 300
Entitled “Taxation” of the City of Ithaca Municipal Code, regarding a Real
Property Tax Exemption for Senior Citizens
By Alderperson Berry: Seconded by Alderperson Taylor
Ordinance 04 –
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Pursuant to an increase in the income ceilings at the State level for tax
exemptions for senior citizens, sections 300-1(A)(1) and 300-2(A) of Article I entitled
Senior Citizens Exemption of the City of Ithaca Municipal Code shall be amended to
increase the amount of the partial real property tax exemption for certain senior citizens,
as follows:
§ 300-1. Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of
New York, real property in the City of Ithaca owned by one or more persons, each of
whom is 65 years of age or over, or real property owned by husband and wife or by
siblings, one of whom is sixty-five years of age or over, shall be partially exempt from
taxation by the city based upon the income of the owner or the combined incomes of the
owners.
(1) Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner or Assessed Valuation
Combined Annual Income of Owners Exempt From Taxation
Up to but less than 24,000 [Up to $21,500] 50%
Up to but less than $25,000 45%
[more than $21,500 but less than $22,500]
Up to but less than $26,000 40%
[$22,500 to 23,499.99]
Up to but less than $27,000 35%
[$23,500.00 to $24,499.99]
Up to but less than $27,900 30%
[$24,500 to $25,399.99]
Up to but less than $28,800 25%
[$25,400.00 to $26,299.99]
Up to but less than $29,700 20%
[$26,300.00 to $27,199.99]
Up to but less than $30,600 15%
[$27,200.00 to $28,099.99]
Up to but less than $31,500 10%
[$28,100.00 to $28,999.99]
Up to but less than $32,400 5%
(2) The partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, exclusions and limitations set forth in §
467 of the Real Property Tax Law of the State of New York.
February 4, 2004
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§ 300-2. Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the property
exceeds the sum of $32,400 [$29,899.99] for the income tax year immediately
preceding the date of making application for exemption as consistent with the schedule
provided in § 300-1A. "Income tax year" shall mean a twelve-month period for which the
owner or owners filed a federal personal income tax return or, if no such return is filed,
the calendar year. Where title is vested in either the husband or the wife, their combined
income may not exceed such sum. Such income shall include social security and
retirement benefits, interest, dividends, total gain from the sale or exchange of a capital
asset in the same income tax year, net rental income, salary or earnings and net
income from self-employment but shall not include a return of capital, gifts or
inheritances. In computing net rental income and net income from self-employment, no
depreciation deduction shall be allowed for the exhaustion, wear and tear of real or
personal property held for the production of income.
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.
Discussion followed on the floor regarding how many applications are received
annually. City Chamberlain Parsons reported that although she does not know how
many applications are received, this program results in approximately $125,000
reduction in tax revenues.
Further discussion followed as to how the City could do outreach for residents who may
qualify for the program. City Chamberlain Parsons stated that she would coordinate
outreach efforts with the Tompkins County Assessment Department.
A vote on the Ordinance resulted as follows:
Carried Unanimously
8.2 Local Law Amending Section 300-26(B)(1) of Chapter 300 entitled
“Taxation” of the City of Ithaca Municipal Code, providing for an increase in the
Disability Real Property Tax Exemption
By Alderperson Berry: Seconded by Alderperson Mackesey
Local Law - 2004
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Pursuant to an increase in the income ceilings at the State level for disability
tax exemptions, section 300-26(B)(1) of Article V entitled Disability Exemption of the
City of Ithaca Municipal Code shall be amended to increase the amount of the partial
real property tax exemption for certain disabled persons, as follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State
of New York, real property located in the City of Ithaca owned by one or more persons,
each of whom is disabled and whose income is limited by reason of such disability, or
real property owned by husband and wife, or siblings, one of whom is disabled and
whose income is limited by reason of such disability, shall be partially exempt from
taxation by said city for the applicable taxes specified in § 459-c based upon the income
of the owner or combined income of the owners. Such partial exemption shall be to the
extent set forth in the schedule following:
February 4, 2004
9
Annual Income of Owner Percentage Assessed
or Combined Annual Valuation Exempt
Income of Owners From Taxation
Up to but less than 24,000 [Up to $21,500] 50%
Up to but less than $25,000 45%
[more than $21,500 but less than $22,500]
Up to but less than $26,000 40%
[$22,500 to 23,499.99]
Up to but less than $27,000 35%
[$23,500.00 to $24,499.99]
Up to but less than $27,900 30%
[$24,500 to $25,399.99]
Up to but less than $28,800 25%
[$25,400.00 to $26,299.99]
Up to but less than $29,700 20%
[$26,300.00 to $27,199.99]
Up to but less than $30,600 15%
[$27,200.00 to $28,099.99]
Up to but less than $31,500 10%
[$28,100.00 to $28,999.99]
Up to but less than $32,400 5%
[$29,000.00 to $29,899.99]
Section 2. Effective Date.
This Local Law shall take effect immediately in accordance with law upon filing with the
Secretary of State.
Carried Unanimously
8.3 Fire Department - Request to Establish Capital Project #476 for Grant –
Resolution
By Alderperson Zumoff: Seconded by Alderperson Korherr
WHEREAS, the Ithaca Fire Department has been notified that it will receive a $147,568
United States Fire Administration Grant, and
WHEREAS, the grant funds will be used to purchase various types of Fire Department
equipment over the next year at an estimated cost of $147,568, and
WHEREAS, the Federal Aid portion of the grant will reimburse the project 90% or
$132,811.20 and the City will be required to match the remaining 10% or $14,756.80,
and
WHEREAS, the City can use already-bonded funds from Capital Project #475 IFD
Water Delivery Improvements to cover the City-required $14,756.80 match; now,
therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project #476 Fire Grant
Equipment Acquisitions in an amount not to exceed $147,568 for the purpose of
purchasing said equipment, and be it further
RESOLVED, That funding for said Project shall be derived from the upfront issuance of
Serial Bonds or General Fund Advance with later repayment of $132,811.20 from the
US Fire Administration with final City cost of $14,756.80, and be it further
February 4, 2004
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RESOLVED, That the City’s required grant match of $14,756.80 shall be derived from
funds previously authorized and bonded in Capital Project #475 IFD Water Delivery
Improvements.
Discussion followed on the floor regarding reimbursement distributions. Fire Chief
Wilbur clarified that the city’s portion of the funding was previously budgeted in an
authorized capital project, and from existing funds. He further confirmed that only 90%
of the project funding would be reimbursed.
A vote on the Resolution resulted as follows:
Carried Unanimously
8.4 Planning & Development - Request to Amend 2004 Authorized Personnel
Roster – Resolution
By Alderperson Cogan: Seconded by Alderperson Taylor
WHEREAS, included in the 2004 Authorized Budget for the Planning Department were
two 20 hour part-time positions; 20 hr. Environmental Landscape Planner and 20 hr.
Senior Typist, and
WHEREAS, both positions are currently funded and vacant in a total amount of
$29,355, and
WHEREAS, the Planning Department staff have determined that the department can be
more efficient and increase productivity if the Environmental Landscape Planner
position is deleted and the 20 hours are combined with the 20 hour vacant Senior Typist
to establish a 35 hour Senior Typist position; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2004 Authorized Personnel
Roster for the Planning Department as follows:
Delete: One (1) 20 hour Environmental Landscape Planner
One (1) 20 hour Senior Typist
Add: One (1) 35 hour Senior Typist
and, be it further
RESOLVED, That funds needed for said roster amendment shall be derived from
existing funds in the 2004 Planning Department Budget.
Discussion followed on the floor with Alderperson Korherr expressing her concern
regarding the inequities in administrative staffing levels in the city’s larger departments,
and expressed a desire to review this issue organizationally.
A vote on the Resolution resulted as follows:
Carried Unanimously
9. COMMUNITY SERVICES COMMITTEE:
Alderperson Whitmore reported that the first meeting of the Community Services
Committee would be on Wednesday, February 11, 2004 at 7:00 pm in Common Council
Chambers.
10. GOVERNANCE COMMITTEE:
10.1 Common Council Rules of Procedure and General Report
Alderperson Mackesey reported that the next meeting of the Governance Committee
would be on February 23, 2004 in Common Council Chambers. The Committee will
discuss the following issues:
Proposed changes to the Noise Ordinance
Common Council Rules of Procedure
Proposed Personal Watercraft (Jet ski) Ordinance
Code of Ethics Annual Disclosure Forms
February 4, 2004
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11. PLANNING, NEIGHBORHOODS & ECONOMIC DEVELOPMENT
COMMITTEE:
11.1 CDBG Entitlement Program - Adoption of Comprehensive Revisions to the
Citizen Participation Plan - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, at their December 3, 2003 meeting the Common Council designated the
Ithaca Urban Renewal Agency (IURA) as the Lead Agency to develop and administer
the Consolidated Plan to enable the City to be eligible to receive Community
Development Block Grant (CDBG) Entitlement program funding on an annual basis, and
WHEREAS, development of the 5-year Consolidated Plan and one-year Action Plan
must conform with a locally adopted citizen participation plan in compliance with
regulations contained at 24 CFR 91.105 to encourage citizens to participate in the
development of the Consolidated Plan, particularly low- and moderate-income citizens,
and
WHEREAS, the current Citizen Participation Plan was developed to meet the
requirements of the competitive Small Cities CDBG program, but does not satisfy all
requirements of the CDBG Entitlement program, and
WHEREAS, a proposed comprehensive revision to the Citizen Participation Plan was
developed specifically for the CDBG Entitlement program that has been posted on the
City website with notice of its availability for comment published in the Ithaca Journal,
and
WHEREAS, the 30-day comment period ended on January 15, 2004, and
WHEREAS, at their January 15, 2004 meeting the IURA considered comments received
and recommended adoption of the comprehensive revisions to the Citizen Participation
Plan, and
WHEREAS, non-substantive corrections and clarifications as suggested by the
Planning, Neighborhoods and Economic Development Committee at its January 21,
2004 meeting have been incorporated into the proposed Citizen Participation Plan for
adoption, now, therefore be it
RESOLVED, That the Common Council hereby adopts the comprehensive revisions to
the Citizen Participation Plan, dated February 4, 2004.
Discussion followed on the floor with Alderperson Tomlan noting grammatical
corrections to the Consolidation Plan.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Mackesey
RESOLVED, That the last sentence of Section VI – Citizen Comment on the Citizen
Participation Plan and Amendments of the Consolidation Plan be removed, and, be it
further
RESOLVED, That the following language be added to Section V. C. – Citizen Review
of Proposed Substantial Program Amendments: "HUD shall be notified of all substantial
program amendments."
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
February 4, 2004
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11.2 An Ordinance to Amend the Chapter 325, Section 4, of the City of Ithaca
Municipal Code Entitled “Zoning” to Create a New Zoning District to be Known as
the Waterfront Zoning District (WF-1)
A. Declaration of Lead Agency - Resolution
By Alderperson Tomlan: 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
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed revisions to the Waterfront Zoning District is a "Type I" Action
pursuant to the City Environmental Quality Review Ordinance which requires
environmental review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the proposed revisions to the Waterfront Zoning
District.
Carried Unanimously
B. Determination of Environmental Significance
By Alderperson Tomlan: Seconded by Alderperson Townsend
WHEREAS, the City of Ithaca is considering a proposal to revise the Waterfront Zoning
District, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Form (FEAF), and
WHEREAS, this rezoning has been reviewed by the Tompkins County Planning
Department Pursuant to §239-l–m of the New York State General Municipal Law, which
requires that all actions within 500 feet of a county or state facility, including county and
state highways, be reviewed by the County Planning Department, and has also been
reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca
Planning and Development Board, and
WHEREAS, the proposed action is a Type I Action under the City Environmental Quality
Review Ordinance (CEQR Sec.176-12B), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, reviewed
the FEAF prepared by Planning Staff and has determined that the adoption of the
proposed zoning change will not have a significant effect on the environment; now,
therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as
its own, the finding and conclusions more fully set forth on the Full Environmental
Assessment Form, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby determines
that the proposed action at issue will not have a significant effect on the environment, and
that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any attachments,
in the City Clerk’s Office, and forward the same to any other parties as required by law.
Discussion followed on the floor regarding the exact location of the zoning changes and
area parking concerns.
Planning and Development Director VanCort noted that a corrected copy of the zoning
map had been distributed to Council members, and further distributed a new version of
February 4, 2004
13
the proposed Ordinance that showed the tracked changes made to the legislation
through the committee process.
Alderpersons Mackesey and Coles voiced their opposition to considering legislation that
they had not had an opportunity to review prior to the meeting.
Motion to Postpone:
By Alderperson Mackesey: Seconded by Alderperson Coles
RESOLVED, That this item be postponed until the March 3, 2004 Common Council
meeting.
Discussion followed on the floor regarding process issues.
Motion to Call the Question:
By Alderperson Cogan: Seconded by Alderperson Berry
RESOLVED, That the Question be called.
Ayes (9) Coles, Mackesey, Berry, Whitmore, Zumoff, Taylor, Townsend, Korherr,
Cogan
Nays (1) Tomlan
Carried
Motion to Postpone:
A vote on the Motion to Postpone resulted as follows:
Ayes (8) Coles, Mackesey, Berry, Whitmore, Taylor, Townsend, Korherr, Cogan
Nays (2) Tomlan, Zumoff
Carried
C. An Ordinance to Amend the Chapter 325, Section 4, of the City of Ithaca
Municipal Code Entitled “Zoning” to Create a New Zoning District to be Known as
the Waterfront Zoning District (WF-1)
Mayor Peterson explained that because consideration of the Determination of
Environmental Significance Resolution was postponed, this legislation could not be
considered.
12. NEW BUSINESS:
12.1 Designation of 2004 City of Ithaca Polling Locations – Resolution
By Alderperson Whitmore: Seconded by Alderperson Korherr
RESOLVED, That the following locations be designated as City of Ithaca polling
locations for the year 2004:
2004 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
SECOND WARD
1st District GIAC 300 W. Court St
2nd District Titus Towers II 798 S. Plain St
3rd District GIAC 300 W. Court St
4th District TC Public Library 101 E. 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
February 4, 2004
14
FOURTH WARD
1st District Class of '26 Hall 611 Stewart Ave
2nd District St. Luke’s Lutheran Church 109 Oak Ave
3rd District St. Luke’s Lutheran Church 109 Oak 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
City Clerk Holcomb explained the changes in the Fourth Ward polling locations.
Alderperson Taylor expressed his thanks to St. Luke’s Lutheran Church for offering the
use of their space as a polling location.
Discussion followed on the floor regarding how complaints from the public regarding
polling locations are handled.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
Alderperson Cogan absent from vote
12.2 Appointment of City Representatives to TCAT Board of Directors –
Resolution
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, Tompkins Consolidated Area Transit (TCAT) was formed to provide
enhanced public transportation services to Tompkins County, and
WHEREAS, the TCAT Board of Directors consists of three representatives from
Cornell University, three representatives from Tompkins County and three
representatives from the City of Ithaca, and
WHEREAS, it is desirable that all representatives from the City to the TCAT Board of
Directors be members of Common Council, and
WHEREAS, Alderperson David Whitmore has agreed to remain on the Board, and
WHEREAS, there is currently two vacancies from the City of Ithaca on the TCAT Board
of Directors; now, therefore be it
RESOLVED, That Common Council hereby appoints Alderpersons Dan Cogan, Pam
Mackesey and David Whitmore to the TCAT Board of Directors for a term of two years
ending December 31st, 2005.
Discussion followed on the floor regarding the membership make-up of the TCAT
Board.
A vote on the Resolution resulted as follows:
Carried Unanimously
12.3 Fire Department – Request to Create a Temporary Fire Fighter Position
By Alderperson Berry: Seconded by Alderperson Townsend
WHEREAS, the Ithaca Fire Department has three existing fire fighter vacancies
resulting from the retirements of Assistant Chief Raymond Wheaton, Fire Fighter Deane
Cook, and Fire Fighter Leigh Marshall, each of which has already occurred; and,
WHEREAS, Fire Fighter John VanDeMark will retire effective 24 FEB 04, thus creating
a fourth vacancy; and,
WHEREAS, four applicants have been selected to replace those fire fighters who have,
or will be, retired; and,
February 4, 2004
15
WHEREAS, there is a need to have all four new fire fighters hired and ready for work in
sufficient time to prepare them to leave for the Spring recruit fire fighter basic training
class at the New York State Academy of Fire Science which starts on 29 FEB 04; and,
WHEREAS, the last vacancy will not be created until 24 FEB 04, which leaves
insufficient time to prepare the new fire fighter to attend the recruit school; and,
WHEREAS, the Ithaca Fire Department wishes to appoint these new recruits on
successive days, starting on 15 FEB 04, and continuing with one each being appointed
on 16, 17, and 18 FEB 04, respectively; and,
WHEREAS, in order to accomplish this, a temporary fire fighter position must be
created to allow a new fire fighter to be hired prior to the position actually being vacated
as a result of the retirement; and,
WHEREAS, sufficient time has already elapsed with other positions remaining vacant
that there will be no negative financial impact; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca authorizes the creation of a
temporary fire fighter position for the period from 18 FEB 04 through 24 FEB 04
inclusive, and, be it further
RESOLVED, That the funds needed for said temporary fire fighter position shall be
derived from the existing 2004 fire department budget, and, be it further
RESOLVED, That this position shall be eliminated on 24 FEB 04.
Discussion followed on the floor with Fire Chief Wilbur explaining the late nature of this
resolution.
A vote on the Resolution resulted as follows:
Ayes (9) Coles, Whitmore, Berry, Tomlan, Zumoff, Taylor, Townsend,
Cogan, Korherr
Nays (0)
Abstention (1) Mackesey
Carried
Privilege of the Floor:
Alderperson Zumoff thanked everyone involved in the Light in Winter Festival, with a
special thanks to Barbara Mink for all of her work in organizing this event.
13. UNFINISHED AND MISCELLANEOUS BUSINESS:
13.1 Common Council – Motion to enter into Executive Session to discuss
Collective Bargaining
By Alderperson Whitmore: Seconded by Alderperson Mackesey
RESOLVED, That Common Council adjourn into Executive Session to discuss
collective bargaining.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
13.2 Common Council – Motion to enter into Executive Session to discuss Land
Disposition
By Alderperson Whitmore: Seconded by Alderperson Korherr
RESOLVED, That Common Council adjourn into Executive Session to discuss land
disposition.
Carried Unanimously
February 4, 2004
16
Reconvene:
Common Council reconvened with no formal action taken.
14. REPORT OF COUNCIL LIAISONS:
Recreation Partnership
Alderperson Whitmore reported that the Recreation Partnership Annual Meeting will be
held in March and he extended an invitation to all Common Council members who wish
to attend.
Alderperson Korherr expressed her desire to discuss how information is distributed to
Council members in their inter-office mailboxes. Mayor Peterson stated that this issue
could be discussed at the upcoming Common Council retreat.
16. MAYOR’S APPOINTMENTS:
By Alderperson Mackesey: Seconded by Alderperson Taylor
Board of Public Works:
RESOLVED, That Victoria Romanoff be appointed to the Board of Public Works to
replace John Beach, with a term to expire December 31, 2006, and be it further
RESOLVED, That Ray Schlather be appointed to the Board of Public Works to replace
Joseph Leonardo, with a term to expire on December 31, 2006.
Affirmative Action Advisory Committee:
RESOLVED, That Marcia Fort be reappointed to the Affirmative Action Advisory
Committee with a term to expire on December 31, 2006, and, be it further
RESOLVED, That Tom West be reappointed to the Affirmative Action Advisory
Committee with a term to expire on December 31, 2006, and, be it further
RESOLVED, That Diann Sams be reappointed to the Affirmative Action Committee with
a term to expire on December 31, 2006.
Bicycle Pedestrian Advisory Council:
RESOLVED, That Ron Chapman be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire on December 31, 2006, and, be it further
RESOLVED, That David Kay be reappointed to the Bicycle Pedestrian Advisory Council
with a term to expire on December 31, 2006, and, be it further
RESOLVED, That Dwight Mengel be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire on December 31, 2006, and, be it further
RESOLVED, That David McElrath be reappointed to the Bicycle Pedestrian Advisory
Council as the DAC Liaison with a term to expire on December 31, 2006.
Building Code Board of Appeals:
RESOLVED, That Grace Chiang be reappointed to the Building Code Board of Appeals
with a term to expire on December 31, 2006.
Board of Fire Commissions:
RESOLVED, That Paul Alexander be reappointed to the Board of Fire Commissioners
with a term to expire on June 30, 2005.
February 4, 2004
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Board of Zoning Appeals:
RESOLVED, That Constance Thomas be reappointed to the Board of Zoning Appeals
as an alternate board member with a term to expire December 31, 2004.
Commons Advisory Board:
RESOLVED, That Joseph Gaylord be reappointed to the Commons Advisory Board
with a term to expire on December 31, 2006.
Community Police Board:
RESOLVED, That Herb Nelson be reappointed to the Community Police Board with a
term to expire on December 31, 2006.
Conservation Advisory Council:
RESOLVED, That Daniel Pearlstein be appointed to the Conservation Advisory Council
to replace Jim Walker, with a term to expire on December 31, 2005.
Design Review Board:
RESOLVED, That Victoria Anagnost be reappointed to the Design Review Board with a
term to expire on December 31, 2006, and, be it further
RESOLVED, That Grace Chiang be reappointed to the Design Review Board with a
term to expire on December 31, 2006.
Examining Board of Electricians:
RESOLVED, That Richard Srnka be reappointed to the Examining Board of Electricians
with a term to expire on December 31, 2006.
Housing Board of Review:
RESOLVED, That William Olney be reappointed to the Housing Board of Review with a
term to expire on December 31, 2006, and, be it further
RESOLVED, That Christopher Anagnost be reappointed to the Housing Board of
Review with a term to expire on December 31, 2006.
Ithaca Landmarks Preservation Commission:
RESOLVED, That Susan E. Stein be appointed to the Ithaca Landmarks Preservation
Commission to replace Nancy Falconer, with a term to expire on December 31, 2006.
Parks Commission:
RESOLVED, That K. Misti Wilcox be reappointed to the Parks Commission with a term
to expire on December 31, 2006.
Planning & Development Board:
RESOLVED, That Daniel Hoffman be appointed to the Planning & Development Board
to fill a vacancy, with a term to expire on December 31, 2006.
Public Art Commission:
RESOLVED, That Susan Blumenthal be appointed to the Public Art Commission to fill a
vacancy, with a term to expire on June 30, 2005, and, be it further
RESOLVED, That Matthew Braun be appointed to the Public Art Commission to fill a
vacancy with a term to expire on June 30, 2005.
Shade Tree Advisory Committee:
RESOLVED, That Daniel Krall be reappointed to the Shade Tree Advisory Committee
with a term to expire on December 31, 2006.
February 4, 2004
18
Youth Bureau Board:
RESOLVED, That Colleen Emerick be appointed to the Youth Bureau Board to fill a
vacancy, with a term to expire on December 31, 2006, and, be it further
RESOLVED, That Barton Smith be reappointed to the Youth Bureau Board with a term
to expire on December 31, 2006.
Carried Unanimously (9-0)
Alderperson Zumoff absent from vote
Recreation Partnership Board
By Alderperson Whitmore: Seconded by Alderperson Korherr
RESOLVED, That Joan Spielholz be reappointed to the Recreation Partnership Board
as the City’s representative, with a term to expire on December 31, 2005.
Carried Unanimously (9-0)
Alderperson Townsend absent from vote
Alderperson Cogan urged City of Ithaca residents who are interested in serving on the
new Pegasys Oversight Committee to contact him.
18. COMMUNICATIONS FROM COMMON COUNCIL:
18.1 Report from Alderperson Berry on New York Conference of Mayors
(NYCOM) Elected Officials Conference.
Alderperson Berry reported that she represented the City at the New York Conference
of Mayors workshop on January 17, 2004 in Albany, New York. She distributed FOIL
information including the workshop highlights and city financial information to Common
Council members for their reference.
Inter-municipal Cooperation:
Alderperson Mackesey invited Common Council members to attend the Town of Ithaca
Board meeting on February 9, 2004 at 5:30 pm in the Town Hall as an expression of
sentiment toward building a cooperative working relationship with the Town of Ithaca.
Alderperson Whitmore stated that the Community Services Committee would be
discussing the possibility of appointing a Common Council Liaison to the Town of Ithaca
Board.
Community Services Committee:
Alderperson Whitmore stated that the first meeting of the Community Services
Committee would be held on February 11, 2004 at 7:00 pm.
19. COMMUNICATIONS FROM THE MAYOR:
19.1 Announcement of Availability of 2004 Annual Disclosure Statements
Mayor Peterson announced that the 2004 Annual Disclosure Statements for the City of
Ithaca Elected Officials are on file in the City Clerk’s office and available for review
Monday – Friday, 8:30 am – 4:30 pm.
New York State Auditors:
Mayor Peterson announced that a team of auditors from the State Comptroller’s Office
is conducting risk assessments, and operational audits within city departments.
Empire Zone Designation:
Mayor Peterson announced that the city might have an opportunity to apply for a
“boundary amendment” of the Schuyler County Empire Zone. Benefits of being in an
Empire Zone include tax abatements for projects, and reimbursement to the city for
abatements granted by the State.
February 4, 2004
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20. REPORT OF THE CITY CLERK:
City Clerk Holcomb reminded Common Council that appointments to the City of Ithaca
Board of Assessment Review need to be made at the April, 2004 Common Council
meeting. Appointees must be city residents and cannot be elected officials.
22. REPORT OF THE CITY ATTORNEY:
City Attorney Luster reported that he is working in conjunction with the Mayor’s Office
and the City Clerk’s Office to host a workshop on the Freedom of Information Law with
Bob Freeman, Executive Director of the Committee on Open Government. He stated
that he is hoping to have several sessions so that city employees, elected officials, and
community members will have an opportunity to participate.
23. ADJOURNMENT:
On a motion the meeting adjourned at 11:35 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Carolyn K. Peterson
City Clerk Mayor