HomeMy WebLinkAboutMN-CC-2004-04-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 7, 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
Assistant City Attorney - Sarachan
Deputy City Controller – Andrew
Planning and Development Director – Van Cort
Economic Development Director – McDonald
Community Development Director – Bohn
Deputy Community Development Director - Kittel
Assistant Superintendent of Streets and Facilities – Ferrel
Human Resources Director – Michell-Nunn
Police Chief – Loo
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
SPECIAL ORDER OF BUSINESS:
4.1 Common Council’s Appointment to the Local Advisory Board of
Assessment Review – Resolution
RESOLVED, That _________________ and ________________be appointed to the
Local Advisory Board of Assessment Review.
Common Council was not prepared to make appointments to the Local Advisory Board
of Assessment Review. City Clerk Holcomb reviewed the requirements for
appointments to this Board. Common Council agreed to make appointments at the May
5, 2004 meeting.
4.2 A Public Hearing on the Proposed Disposition of Property by the Ithaca
Urban Renewal Agency (IURA) to the Advocacy Center of Tompkins County
Resolution to Open Public Hearing:
By Alderperson Cogan: Seconded by Alderperson Korherr
RESOLVED, That the Public Hearing on the Proposed Disposition of Property by the
Ithaca Urban Renewal Agency (IURA) to the Advocacy Center of Tompkins County
be declared open.
Carried Unanimously
Community Development Director Bohn explained the conditions set forth in the
disposition of property to the Advocacy Center.
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Mackesey: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing on the Proposed Disposition of Property by the
Ithaca Urban Renewal Agency (IURA) to the Advocacy Center of Tompkins County
Be declared closed.
Carried Unanimously
April 7, 2004
4.3 A Public Hearing to Consider the Sale, at Public Auction the following
Properties: Parcel #116.-1-3 Elmira Road; Parcel #47.-4-15 University Avenue;
Right-of-Way on Giles Street
Resolution to Open Public Hearing:
By Alderperson Whitmore: Seconded by Alderperson Berry
RESOLVED, That the Public Hearing to Consider the Sale, at Public Auction, of the
following Properties - Parcel #116.-1-3 Elmira Road, Parcel #47.-4-15 University
Avenue, and Right-of-Way on Giles Street be declared open.
Carried Unanimously
Alderperson Tomlan provided a brief description of the properties proposed for sale at
public auction.
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Tomlan: Seconded by Alderperson Coles
RESOLVED, That the Public Hearing to Consider the Sale, at Public Auction, of the
following Properties - Parcel #116.-1-3 Elmira Road, Parcel #47.-4-15 University
Avenue, and Right-of-Way on Giles Street be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Mr. Herb Engman, Town of Ithaca Board Member addressed Common Council
regarding the proposed Watercraft Ordinance. Mr. Engman described the history of the
proposed legislation and the review that has been undertaken by the Tompkins County
Water Resources Council. He stated that the Town of Ithaca would be applying their
noise ordinance to the water areas and explained how it would be enforced. He urged
the city to adopt a law soon, so that a public education campaign could be commenced.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, Town of Newfield – Proposed nuisance and watercraft legislation
Richard Livingston, Town of Ithaca – Same Gender Marriage issues
John Graves, City of Ithaca – Proposed Noise Ordinance
Fay Gougakis, City of Ithaca – Cornell/City Memorandum of Understanding Video Tape
availability at Tompkins County Public Library; proposed watercraft and noise
legislation; crime in community
Chris Anagnost, Landlord and Licensed Realtor in City of Ithaca – Opposed to landlord
responsibility for tenant action in proposed Noise Ordinance
Neil Oolie, City of Ithaca – Federal Election Commission Rules regarding Not-for-Profit
Organizations
Guy Gerard, City of Ithaca – DPW maintenance budgets vs. capital projects
Larry Beck – President of Tompkins County Landlord’s Assoc. – Opposed to landlord
responsibility in proposed Noise Ordinance
Nick Lambrou, City of Ithaca – Proposed Noise Ordinance
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Mackesey responded to comments made regarding the proposed Noise
Ordinance. She thanked Mr. Graves for submitting a petition with 86 signatures
supporting the proposed legislation.
Alderperson Korherr also thanked Mr. Graves for the maps and graphics he submitted
that illustrated the impact that noise has on the residents of South Hill. She further
responded to comments made regarding the proposed watercraft legislation as it
pertains to local commerce.
Alderperson Zumoff reported that he attended the Summit on Sustainability and
reviewed the highlights of the presentations.
April 7, 2004
Alderperson Whitmore responded to comments made regarding the same gender
marriage issue and announced various events happening on the Cornell University and
Ithaca College campuses.
100 Days in Office:
Mayor Peterson presented the following 100 Days in Office Report:
“It is common for the mayor to prepare a state of the city address early in the year.
Being a new administration however, I would, instead, like to touch on the state of the
city and this administration’s first 100 days which will occur on Friday, April 9, 2004.
The new changes to the standing committee structure seem to be successful. The next
steps are underway to assure continued success of the committees. I have instituted
regular meetings of the chairs of the standing committees in order to facilitate good
communication and to determine where crossover issues should be assigned.
Additionally, at the beginning of the year each department was assigned to a standing
committee with the goal of regular communication about each department’s needs and
concerns throughout the year rather than intensive reports at budget time. The
committee chairs and the mayor have agreed upon a format that will be presented to
department heads this week.
Progress is being made on the special committees. The public information committee is
moving forward in its work and is focusing on several areas: public information,
employee and organization communications, emergency communications, and
communications from the mayor’s office. The Intermunicipal relations committee is on
the verge of being created. Much work in the last few months has been done assessing
information and speaking to other municipal officials. There is a great deal of
Intermunicipal work already occurring: the wastewater treatment facility, the recreation
partnership, the mutual benefits committee headed up by the County, and the trails
committee to name a few. The city is now in a position to see what is going on currently
and to see what is missing. While considering the creation of the special budget
committee, the mayor became aware of an existing fiscal viability committee made up of
city employees that arose out of the city’s strategic planning process. That committee
has been meeting regularly and has reviewed city processes and looked at other budget
methods in other organizations. Understanding what is already being done will clarify
the role of the additional budget committee. The charter review committee will be
formed in the late spring to coincide with the availability of a summer intern in the
attorney’s office who will be dedicated to Charter revisions.
Lastly, many positions on boards and commissions have been filled. There are many
slots yet available as the mayor’s office is reaching out to other people in the community
in order to diversify the boards.
Last summer there was much debate about the city administrator position. City
administration is a large part of the mayor’s job. For this year, all the bargaining units
need to have contracts resolved which requires a great deal of time. Weekly meetings
are held with senior staff, weekly meetings are held to review planning and economic
development issues, the mayor’s door is open to hear regularly from all employees, and
day to day meetings with staff occur. There are many ways to look at a large
organization for improvements on internal communication, efficiencies of operation, and
teamwork—all goals for this year.
Additionally, as a new mayor, many meetings have been held to acquaint the mayor’s
office with other municipal officials, leaders of organizations, and individuals. Some
days have as many as seven scheduled meetings. But there is a lot to hear about that
covers far ranging topics: baseball fields, ribbon cuttings, sewers, building security,
dredging, unions, housing, ice climbing, sidewalks, taxis, and Slope Day. Along with
emails, letters, and phone calls, there are about 50 contacts each day.
April 7, 2004
The first citywide forum, open government and freedom of information, was held last
week. Each quarter, a new topic will be offered for free and open discussion. This
quarter, an Ithaca version of a town meeting will be held. Ideas from the organization
AmericaSpeaks will be incorporated so “that every citizen has a right to impact the
decisions of government” to ensure a truly democratic process.
In the fall, a special forum, in conjunction with Historic Ithaca, will be held on planning
issues and preferences. At that time, plans for a community survey will also be unveiled.
The survey purpose will be to assist Common Council in its understanding of Ithaca’s
residents by assessing the quality of city services, the importance of the services, and
priorities in budget making. Plans for a Healthy City Initiative that incorporate concepts
such as a walkable city will likewise be unveiled. The city got a big boost in this area
from Maurice Hinchey this afternoon. These projects sound daunting but I welcome the
help of our local higher education resources, a resource that has often been offered but
not often used.
The first Neighborhood Forum was held and this is just a start in reaching out to
residents and learning what issues they have in common, what good ideas can be
shared, and what mutual problems need solving. The results from that meeting are
nearly compiled, giving the city a jumping off point to focus the next meetings.
Two of the biggest issues facing the city today are management of resources and the
budget, and managing development and roadwork. The two areas are intertwined. The
2005 budget will be challenging. The city is heartened with early news of better sales
tax revenue and the maintenance of our Aa3 bond rating. However the amount of debt
is still high, many departments are short staffed, and catching up on infrastructure
repairs is significant. Over time, incorporating changes from the special budget
committees, feedback from a community survey, and changes in the budget process, in
addition to new revenues from development that are projected in 2005, the city may be
improving its outlook. During this unusual time—unusual in the sense that this amount
of construction all at once hasn’t been seen in decades—the city will strive to keep the
public aware of the road changes, the detours, and the construction timelines. The city
also hopes for the public’s patience as the heart of Tompkins County undergoes some
major work. As this work progresses, new proposals will be sought for the Inlet Island
area and the opportunities for a topnotch waterfront.
In closing, while not exactly a state of the city, this is a snapshot of the first 100 days
and plans to come.”
8. CONSENT AGENDA ITEMS:
8.1 GIAC – Request to Approve Agreement Between GIAC and City of Ithaca -
Resolution
By Alderperson Whitmore: Seconded by Alderperson Berry
RESOLVED, That Common Council hereby authorizes the Mayor to sign the attached
contract between the City of Ithaca and the Greater Ithaca Activities Center, Inc. (GIAC)
which details the respective duties and responsibilities of the City and GIAC, Inc. with
regard to GIAC as a City Department.
Carried Unanimously
8.2 Fire Department – Request Transfer of Funds to Hire Temporary Part-time
Employee - Resolution
By Alderperson Whitmore: Seconded by Alderperson Berry
WHEREAS, the Administrative Assistant – Financial has resigned from the position with
the Ithaca Fire Department effective March 12, 2004, and
WHEREAS, it is desirous to use this opportunity to review the administrative structure of
the fire department to determine if other alternatives would offer improvements in
efficiency or effectiveness, with such a review resulting in a delay in filling this position,
and
April 7, 2004
WHEREAS, the administrative workload is substantial, and the backlog of work to be
done due to unfilled vacancies during 2003 is huge, which means that continued
shortages of personnel will make the situation worse, and
WHEREAS, the use of a temporary employee to perform certain administrative tasks in
the interim will assist the department in maintaining administrative functions, and
WHEREAS, due to vacancies in administrative positions early in this year and a
currently vacant position now, there will be sufficient unexpended funds available to use
for such temporary help; now, therefore, be it
RESOLVED, That the City Controller is hereby authorized to transfer $1,000 from
account A3410-5105 to account A3410-5435 for the purpose of contracting for
employment to provide a twenty hour per week (half-time) temporary employee for
approximately one month.
Carried Unanimously
8.3 DPW – Request to Amend Parks and Forestry Budget for Purchase of Trees
Resolution
By Alderperson Whitmore: Seconded by Alderperson Berry
WHEREAS, the DPW Parks and Forestry Division has received reimbursements from
vendors for the loss of trees during various projects in the amount of $20,810.20, and
WHEREAS, the funds need to be used for the replacement of trees and plantings, and
were not originally included in the 2004 Budget; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2004 Authorized Budget by an
amount not to exceed $20,810.20, for the purposes of purchasing and planting trees
and other plantings, as follows:
Increase Revenue Account:
A7111-1710 Public Work Service $20,810.20
Increase Appropriation Account:
A7111-5485 Trees $20,810.20
Carried Unanimously
8.4 DPW – Request to Transfer Funds for Emergency Reconstruction to South
Aurora Street Bridge - Resolution
By Alderperson Whitmore: Seconded by Alderperson Berry
WHEREAS, the Department of Public Works undertook emergency repairs and
reconstruction to the South Aurora Street Bridge as a result of a sudden failure of the
concrete covering the deck reinforcing the southbound lane, and
WHEREAS, these repairs and reconstruction were neither anticipated nor budgeted in
the Department of Public Works 2004 department budget, and
WHEREAS, the timing of the reconstruction required the use of a private contractor in
addition to City work crews for a total cost of $11,881.68; now, therefore, be it
RESOLVED, That Common Council authorizes the City Controller to use Capital
Reserve #4 Bridges in an amount not to exceed $11,881.68 to cover the South Aurora
Street Bridge repair and reconstruction expenses.
Carried Unanimously
April 7, 2004
9. GOVERNANCE COMMITTEE:
9.1 An Ordinance to Amend Chapter 240 of the City of Ithaca Municipal Code
Entitled “Noise”
By Alderperson Mackesey: Seconded by Alderperson Coles
WHEREAS, the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective
laws require amendment in order to promote the harmonious coexistence of all city
residents in a manner which is mutually respectful of the interests, rights and obligations
of all persons; now, therefore
ORDINANCE NO.__ OF 2004
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Chapter 240 of the City of Ithaca Municipal Code entitled “Noise” is hereby
amended as follows:
Article I. General Provisions.
§ 240-1. Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
§ 240-2. Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good
order by suppressing the making, creation or maintenance of excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and unnatural in their
time, place and use and which are detrimental to the environment. It is also the purpose
of this chapter to allow all residents of the city to coexist harmoniously in a manner
which is mutually respectful of the interests, rights and obligations of all persons.
§ 240-3. Definitions.
Unless the context otherwise clearly indicates, the words and phrases used in this
chapter are defined as follows:
DAYTIME HOURS -- The hours between 7:30 a.m. and 10:00 p.m., local time, on any
day.
EMERGENCY WORK -- Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or property from an
imminent exposure to danger.
IMPULSIVE SOUND -- A sound of short duration, usually less than one second, and of
high intensity, with an abrupt onset and rapid decay.
MOTOR VEHICLES -- Includes but is not limited to automobiles, trucks, buses,
mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of
the State of New York, as it may be amended from time to time.
NIGHTTIME HOURS -- The hours between 10:00 p.m., local time, on any day and 7:30
a.m. on the following day.
UNREASONABLE NOISE -- A level of sound that is injurious or annoying or disturbing
to be heard.
PERSON -- Includes the singular and plural and also any individual; any property owner
and/or lessee; any firm; a corporation; a political subdivision; a government agency,
including any agency of the City of Ithaca; an association or an organization, including
but not limited to officers, directors, employees, agents and/or independent contractors
thereof; or any legal entity whatsoever.
SOUND-AMPLIFYING EQUIPMENT -- Any machine or device for the amplification
of the human voice, instrumental music or any other sound. [“Sound–amplifying
equipment” shall not include standard automobile radios or tape recorders when
used and heard only by the occupants of the vehicle in which such automobile
radio or tape recorder is installed.]As used in this chapter, "sound-amplifying
equipment" shall not include warning devices on authorized emergency vehicles
or horns or other warning devices on any vehicle used only for traffic safety
purposes or authorized fire horns or other authorized emergency alarms.
April 7, 2004
§ 240-4. Unreasonable noise prohibited.
A. No person shall intentionally cause public inconvenience, annoyance or alarm or
recklessly create a risk thereof by making unreasonable noise or by causing
unreasonable noise to be made.
B. For the purpose of implementing and enforcing the standard set forth in
Subsection A of this section, "unreasonable noise" shall mean any sound created or
caused to be created by any person which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of the public or which causes injury to
animal life or damages to property or business. Factors to be considered in determining
whether unreasonable noise exists in a given situation include but are not limited to any
or all of the following:
(1) The intensity of the noise.
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(4) The intensity of the background noise, if any.
(5) The proximity of the noise to sleeping facilities.
(6) The nature and the zoning district of the area within which the noise emanates
and of the area within 500 feet of the source of the sound.
(7) The time of the day or night the noise occurs.
(8) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) Whether the noise is continuous or impulsive.
(11) The volume of the noise.
(12) The existence of complaints concerning the noise from persons living or working
in different places or premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant
to § 240-14 that will authorize particular sound sources.
ARTICLE II, Special Noise Sources
§ 240-5. Purpose of Article.
The provisions of this Article II complement and supplement the other provisions of this
chapter and shall be interpreted and applied in accordance with and in addition to and
not in lieu of those other provisions. The provisions of this article shall not be interpreted
to prevent the issuance of permits pursuant to § 240-14 that will authorize particular
sound sources.
§ 240-6. Radios, television sets and similar sound-amplifying devices.
It shall be unlawful for any person anywhere in the city to use or to operate any radio
or receiving set, musical instrument, phonograph, television set, any other machine or
device for the producing or reproducing of sound or any other sound-amplifying
equipment in a loud, annoying or offensive manner such that noise from the device
interferes with the comfort, repose, health or safety or members of the public within any
building or, outside of a building, at a distance of 25 feet or more from the source of
such sound or interferes with the conversation of members of the public who are 25 feet
or more from the source of such sound.
§ 240-7. Parties and other social events.
A. It shall be unlawful for any person in charge of a party or other social event that
occurs on any private or public property to allow that party or event to produce noise in
a loud, annoying or offensive manner such that noise from the party interferes with the
comfort, repose, health or safety of members of the public within any building or, outside
of a building, at a distance of 25 feet or more from the source of such sound.
B. For the purposes of this section, a "person in charge of a party or other social
event":
(1) That occurs on any public property shall include the person or persons who
obtained permission to utilize that property for that event.
(2) That occurs on private property shall include [the person who owns the premises
involved and] any adult person or persons who live in or on the property [premises],
which is involved in such party or social event.
April 7, 2004
(3) Shall include the person or persons who are listed on a permit granted pursuant
to Article III of this chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on
the premises, the person to whom the keg is registered shall be presumed to be
responsible for the violation, in addition to any person designated in parts A or B
above.
§ 240-8. Hawkers and peddlers.
It shall be unlawful for any person to advertise, promote or sell anything by outcry
within any area of the city zoned for residential uses. The provisions of this section shall
not be construed to prohibit the selling by outcry of merchandise, food and beverages at
licensed sporting events, parades, fairs, circuses and other similar licensed public
entertainment events.
§ 240-9. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle,
construction equipment or other equipment, pump, fan, air-conditioning apparatus or
similar mechanical device or to engage in any commercial or industrial activity in any
manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In
making such determination with respect to the matters governed by this [sub]section,
additional factors to be considered shall include:
A. The necessity of the work being done.
B. The ability of the creator of the noise to minimize or reduce the amount of noise
created or to otherwise minimize its adverse effects.
§ 240-10. Construction during nighttime hours.
A. Except for the purposes specified in [Sub]Section B hereunder, during nighttime
hours it shall be unlawful for any person within a residential zone or within 500 feet of a
residential zone to operate construction equipment (including but not limited to any pile
driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform
any outside construction or repair work so as to create noise. Any designated official of
the City of Ithaca shall give a verbal warning that the violation exists and of the penalties
that may result if the violation continues.
B. This section shall not be deemed to prohibit:
(1) Work of an emergency nature.
(2) Work of a domestic nature on buildings, structures or projects being undertaken
by a person(s) residing in such premises; provided that, if any domestic power tool,
including but not limited to mechanically powered saws, sanders, grinders and lawn and
garden tools used outdoors, is operated during the nighttime hours, no person shall
operate such machinery so as to cause noise within a residential building or across a
residential real property boundary where such noise interferes with the comfort, repose,
health or safety of members of the public within any building or, outside of a building, at
25 feet or more from the source of the sound.
§ 240-11. Applicability of Section [Article]
Section 240-10 [This article] shall be applied in addition to § 240-4.
§ 240-12. Continuing noise
It shall be unlawful for any person to make or continue or cause to be made or
continued any loud, unnecessary or unusual noise or sound [that shall continue for
more than three cumulative minutes in any sixty-minute period and] which shall exceed
the permitted noise levels specified in this chapter. Any designated official of the City of
Ithaca may issue a verbal warning that the violation exists and of the penalties that may
ensue.
April 7, 2004
§ 240-13. Horns and alarms.
This chapter shall not apply to fire horns or other alarms authorized by the Fire
Department or Police Department and operated in accord with that authorization.
ARTICLE III, Other Provisions
§ 240-14. Permit procedures for certain activities.
A. Where a sound source is planned, installed or intended to be installed or
modified by any person in a manner that such source will create or is likely to
create unreasonable noise or otherwise fail to comply with the provisions of this
chapter, such person must secure a permit pursuant to this section.
B. Where any person uses or plans to use any sound-amplifying equipment in such
a way that such equipment is or will be heard outside of any building or vehicle
between [9:00] 10:00 p.m. of any day and 7:30 a.m. to the next day, such person must
secure a permit under this section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit under this section.
D. The application for the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or
necessary that the sound source involved be authorized by a permit pursuant to
this section.
(2) Plans and specifications of the use.
(3) Noise-abatement and -control methods to be used with respect to the sound
source involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity
complies with any permit issued for it pursuant to this section.
(6) [When the activity for which the permit is being sought is not a community-wide
or public even,} Evidence that notification of the application for the permit has
been given to each person reasonably expected to be affected by the noise, the
content of such notification and the manner in which such notification has been
given, if the event is not a community-wide or public event. The notification shall
state [to whom the application is being made and] that any person objecting to
the granting of such permit may contact the [individual] appropriate city
department to whom the application is being made to express his/her opposition
to the granting of the permit.
(7) Evidence that a copy of the application for the permit has been provided to
the Chief of Police.
E. The application shall be made to the Superintendent of Public Works in
connection with construction work on public rights-of-way or in parks; to the Building
Commissioner for all other construction projects; and to the Mayor for any other events.
The issuance of permits shall be discretionary and shall be issued only where the
responsible official determines that such permit is reasonable and necessary and will
allow an activity that is consistent with the general purposes of this chapter, as stated in
§ 240-2, provided that no permit shall be issued pursuant to this section for any sound
source that will operate between [12:00 midnight] 10:00 pm and 7:30 [8:00] a.m. of any
day. Any permit granted shall state that the permit only applies to this chapter, that §
240.20, Subdivision 2, of the Penal Law of the State of New York, Disorderly Conduct,
provides that "a person is guilty of disorderly conduct when, with intent to cause public
inconvenience, annoyance or alarm or recklessly creating a risk thereof, ... he makes
unreasonable noise."
F. In order to further the purposes of this chapter and to facilitate its implementation
and enforcement, the Superintendent of Public Works, the Building Commissioner and
the Mayor shall have authority to impose such conditions as they determine are
reasonable and necessary on permits they issue pursuant to this section. Such
conditions may govern factors which include but are not limited to the time and location
the involved sound source may be utilized.
G. The Superintendent of Public Works, the Building Commissioner and the Mayor
shall provide the Chief of Police with a copy of any permit issued pursuant to this
section.
April 7, 2004
§ 240-15. Penalties for offenses; Presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by a
fine not to exceed $500 or imprisonment of not more than 15 days, or not more
than 100 hours of community service [or both such fine and imprisonment] or any
combination of such fine and imprisonment and not less than $100 or 25 hours
of community service; provided, however, that a person who shall violate any
provision of this chapter after having been convicted of a violation of any provision of
this chapter within the preceding three years shall be punishable by a fine not to
exceed [500] $750 or by imprisonment of not more than 15 days, or not more than
125 hours of community service or, [both such fine and imprisonment] any
combination of such fine and imprisonment and not less than $200 [100] or 40
[25] hours of community service; and further provided that any person who shall
violate any provision of this chapter after having been convicted two or more times
of a violation of any provision of this chapter within the preceding three years shall
be punishable by a fine not to exceed $1,000 [750] or by imprisonment of not more
than 15 days, or not more than 125 hours of community service, or [both such fine
and imprisonment] any combination of such fine and imprisonment, and not less
than $300 [100] or 50 [25] hours of community service. For any penalties of
community service, the court may accept community service from people
other than the defendant whom the court deems appropriate, such as other
residents of the premises or others who choose to accept responsibility for
the violation. In assessment of the above penalties, aggravating factors shall
include but not be limited to the presence of the following factors: 1) a
common source of alcohol such as a keg, 2) a live band or disc jockey or
other live entertainment, 3) amplified sound emanating from speakers placed
or directed outside of the building 4) a charge to gain entrance into the
premises or to consume alcohol 5) a violation of section 250.8 (public
urination) of this code on the premises 6) the offense takes place after
midnight on weekdays and 1 am on weekends and before the following 6 am
7) more than 25 guests on the premises, guests being defined for the
purposes of this section as any people who do not reside at the premises; 8)
any underage person or persons possessing or consuming alcohol on the
premises, each underage person constituting a separate aggravating
circumstance. 9) more than one complaint made to the police about the noise,
each complaint after the first being a separate aggravating circumstance.
B. For purposes of this chapter, for any offense that takes place on private
property, if the person or persons directly responsible for the activity that
violates any provision of this chapter cannot be determined, then all residents
of the property on which the activity takes place shall be presumed to be
responsible for the violation.
240-16 Civil Offense for Permitting Noise Violation on Private Property For Owner
of a Non- Owner Occupied Residence.
A. It shall be a civil offense Noise Violation for the owner of a non-owner
occupied residence to permit a violation of section 240-7 to occur on such
premises.
B. Definition. Permitting a violation of section 240-7 is defined by the entry of
a guilty plea at anytime or a finding of guilt after trial for a violation of
section 240-7 on premises for which a person or entity is the owner on the
date of the offense. Multiple violations from a single event shall be
considered a single offense of this section.
C. Civil Penalty. A violation of this section constitutes a civil noise offense.
The procedures for this offense shall be the same as for a violation of
section 178 of this Code except as modified in part D of section 240-16
below. A violation of this section shall be punishable under the civil
penalties in section 178-10-B(1).
April 7, 2004
D. Relief for first and second offense. A first and second violation of section
240-7 shall automatically be adjourned in contemplation of dismal (ACD)
for a period of three years, commencing with the date of the first offense.
In the event there are no further offenses from the same premises in the
three year period , the offense shall automatically be dismissed. In the
event that there is a third violation of 240-16 (B) from the same premises
within three years of the first offense, upon motion by a city prosecutor or
city attorney the ACD shall be terminated and the first and second offenses
shall be restored to the court’s docket. For purposes of section 240-16, all
time periods refer to the date of the violation of section 240-7.
Section 2. SEVERABILITY CLAUSE. Severability is intended throughout and within
the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. EFFECTIVE DATE. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Amending Resolution:
By Alderperson Mackesey: Seconded by Alderperson Zumoff
RESOLVED, That Section 240-16 be removed from the Ordinance for further
consideration.
Discussion followed on the floor regarding the responsibilities of tenants, the severity of
penalties for tenants vs. property owners, and enforcement issues.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Further discussion followed on the floor as Alderperson Mackesey and Assistant City
Attorney Sarachan reviewed the changes made to the Ordinance after Governance
Committee review.
Alderperson Townsend thanked the Governance Committee for their hard work and
outreach to the community, however he requested that consideration of the Ordinance
be postponed as he and other members of Council had not had enough time to review
the new proposed language.
Motion to Postpone Vote:
By Alderperson Townsend: Seconded by Alderperson Taylor
RESOLVED, That consideration of the Noise Ordinance be postponed to the May 5,
2004 Common Council meeting, and that the Ordinance be referred back to the
Governance Committee for further discussion.
Extensive discussion followed on the floor regarding the language that was added to the
Ordinance after the Governance Committee reviewed it.
Motion to Call the Question:
By Alderperson Berry: Seconded by Alderperson Whitmore
RESOLVED, That the Question be called on the Motion to Postpone the Vote.
Ayes (9) Coles, Mackesey, Whitmore, Berry, Zumoff, Tomlan,
Taylor, Cogan, Korherr
Nays (1) Townsend
Carried
April 7, 2004
Motion to Postpone Vote:
A vote on the Motion to Postpone the Vote resulted as follows:
Ayes (2) Townsend, Taylor
Nays (8) Coles, Mackesey, Whitmore, Berry, Zumoff, Tomlan,
Cogan, Korherr
Failed
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Coles, Mackesey, Whitmore, Berry, Zumoff, Tomlan,
Townsend, Cogan, Korherr
Nays (1) Taylor
Carried
9.2 An Ordinance to Amend Chapter 210 of the City of Ithaca Municipal Code
Entitled “Housing Standards”
By Alderperson Mackesey: Seconded by Alderperson Korherr
WHEREAS the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective
laws require amendment in order to promote the harmonious coexistence of all city
residents in a manner which is mutually respectful of the interests, rights and obligations
of all persons, now, therefore
ORDINANCE NO.__ OF 2004
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Chapter 210 of the City of Ithaca Municipal Code entitled “Housing Standards” is hereby
amended as follows:-
§ 210-43. Certificate of compliance.
A. All rental units, except dwellings occupied by 10 or more unrelated persons, shall be
required to hold a valid certificate of compliance. Such certificate shall be valid for a
period of not more than five years. Before the expiration of the certificate, it shall be the
responsibility of the owner of the rental property to schedule a housing inspection with
the Building Department in order to obtain a new certificate of compliance. Rental units
with 10 or more unrelated persons shall also be required to hold a valid certificate. This
certificate of compliance shall be valid for a period of not more than two years. Prior to
the expiration of the certificate, it shall be the responsibility of the owner of the rental
property to schedule a housing inspection with the Building Department in order to
obtain a new certificate of compliance.
B. 1. No certificate of compliance [can] shall be issued to any rental unit that is in
violation of any applicable City or state code.
2. No certificate of compliance [can] shall be issued to any rental unit located on a
property for which there is an outstanding warrant for a violation of any section of
chapter 178.
Section 2.
SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions
of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
April 7, 2004
Section 3.
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
Discussion followed on the floor regarding the wording of Section 210-43 of the City of
Ithaca Municipal Code. Alderperson Zumoff suggested future language changes to
clarify the intent of the Section.
Motion to Call the Question:
By Alderperson Whitmore: Seconded by Alderperson Taylor
RESOLVED, That the Question be called on the Main Motion.
Carried Unanimously
Main Motion:
A vote on the Main Motion resulted as follows:
Carried Unanimously
9.3 An Ordinance to Amend Chapter 128 of the City of Ithaca Municipal Code
Entitled “Alcoholic Beverages”
By Alderperson Mackesey: Seconded by Alderperson Cogan
WHEREAS the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective
laws require amendment in order to enhance the welfare and safety of city residents
and to grant city residents better quality of life, now, therefore
ORDINANCE NO.___ OF 2004
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.:
Chapter 128 of the City of Ithaca Municipal Code entitled “Alcoholic Beverages” is
hereby amended as follows:-
§ 128-1. Findings and purpose.
A. The Common Council finds that the unrestricted consumption of alcoholic
beverages in certain public places often leads to disorders and related problems as well
as the littering of such public place and the development of unsanitary conditions and is
disturbing to the public and threatens peace and good order.
B. The purpose of this article is to prohibit the consumption of alcoholic beverages
in certain public places in order to prevent disorderly behavior, the development of
unsanitary conditions and the littering of public places and to protect the public health,
safety and welfare and to promote the public good.
C. The Legislature of the State of New York has determined that, since the New
York State drinking age is 21, underage persons should be held responsible for their
conduct and be prohibited from possessing alcoholic beverages in public. The
consumption of alcoholic beverages in public places by persons under the legal drinking
age is an aggravating factor.
§ 128-2. Definitions.
For the purpose of this article, the following terms shall have the meanings ascribed to
them. All other words shall have the meanings normally ascribed to them in regular
usage.
ALCOHOLIC BEVERAGE -- Includes alcohol, spirits, liquor, wine, beer and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being
consumed by a human being.
CONTAINER -- Any bottle, can, glass or other receptacle suitable for or used to hold
any liquid.
April 7, 2004
PUBLIC PLACE -- Any public highway, pedestrian mall, street, sidewalk, park,
playground, parking area, municipal parking ramp and the Six Mile Creek watershed
area.
§ 128-3. Public consumption prohibited.
No person shall, within the City of Ithaca, drink or otherwise consume liquor, wine,
beer or other alcoholic beverages while such person is in or upon any public place as
defined herein.
§ 128-4. Possession of open containers; presumption.
A. No person shall carry or have in his/her possession within or upon any public
place in the City of Ithaca any open container containing liquor, wine, beer or other
alcoholic beverage with the intent of the possessor or another to consume the same in
any public place defined herein.
B. The possession of an open container unwrapped or with the top exposed in a
public place as herein defined shall be presumptive evidence that the contents of such
open container are intended to be consumed in a public place as herein defined.
C. For the purposes of this chapter, any container labeled as a container of an
alcoholic beverage, such as a can of beer or a bottle of wine, shall be presumed to
contain at least some amount of the alcoholic beverage specified.
D. For the purposes of this chapter, all beer and all wine, regardless of alcoholic
content, shall be presumed to be alcoholic beverages.
§ 128-5. Exceptions.
A. The provisions of this article shall not apply within the boundaries of Cass Park or
Stewart Park, which areas shall be regulated by the Board of Public Works, nor shall
such prohibition apply to or within the boundaries of Treman Marina.
B. The provisions of this article shall not apply to any activity sponsored by an
organization having proper license to dispense alcoholic beverages in or upon any
public place within the city, said license having been issued by the Alcoholic Beverage
Control Board of Tompkins County and such organization having obtained permission
from the Mayor. This exception shall apply only to the public place in the city in or upon
which the alcoholic beverages are dispensed.
§ 128-6. Penalties for offenses.
[A] The violation of any of the provisions of this article shall be punishable by a fine
not greater than $250 and/or not more than 15 days in jail and not less than $100 or 25
hours of community service; provided, however, that a person who violates this article
after having been convicted of a violation of this article within the preceding three years
shall be punishable by a fine not greater than $500 and/or not more than 15 days in jail
and not less than $100 or 25 hours of community service; and further provided that a
person who violates this article after having been convicted two or more times of a
violation of this article within the preceding three years shall be punishable by a fine not
greater than $750 and/or not more than 15 days in jail, and not less than $100 or 25
hours of community service.
[B. The violation of any of the provisions of this article by a person who is under the
age of 21 years of age shall be punishable by a fine not greater than $150 and/or not
more than 15 days in jail; provided, however, that the violation of any of the provisions
of this article by a person under the age of 21 years who has been convicted of a
violation of any provision of this article within the preceding three years shall be
punishable by a fine not to exceed $200 and/or not more than 15 days in jail; and further
provided that the violation of any of the provisions of this article by a person under the
age of 21 years who has been convicted of a violation of any provision of this article two
or more times within the preceding three years shall be punishable by a fine not to
exceed $250 and/or not more than 15 days in jail.]
April 7, 2004
Section 2.:SEVERABILITY CLAUSE. Severability is intended throughout and within
the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3.:EFFECTIVE DATE. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Carried (9-0)
Alderperson Whitmore absent from vote
9.4 An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code
Entitled “Exterior Property Maintenance”
By Alderperson Mackesey: Seconded by Alderperson Coles
WHEREAS the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective
laws require amendment in order to promote the harmonious coexistence of all city
residents in a manner which is mutually respectful of the interests, rights and obligations
of all persons; now, therefore
ORDINANCE NO.__ OF 2004
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 178 of the City of Ithaca Municipal Code entitled “Exterior Property
Maintenance” is hereby amended as follows:
§ 178-3. Standards for grounds and exterior property.
It shall be the duty and responsibility of all owners of property in the City of Ithaca to
ensure that:
A. All grounds on the exterior of the premise are kept free from solid waste and any
litter that has been cast, blown, thrown, put, placed, or accidentally dropped on the
grounds, bushes, or in trees, and allowed to remain on the grounds, bushes, or in trees
for 48 hours, is removed. [Amended 2-5-2003 by Ord. No. 2003-4]
B. All garbage, when stored outside, is completely contained in nonabsorbent,
watertight, durable containers having a tight-fitting lid in place. Plastic bags are not
considered durable containers. Strong, waterproof plastic bags may be used to place
garbage at the curbside on the evening before scheduled collections or may be taken to
an approved refuse disposal site. Any garbage remaining after scheduled pick-up must
be removed from curbside within 24 hours. Garbage containers shall not be stored in
front yards, or any other yards that have frontage on a public street unless all yards on
the property have frontage on public streets. Prohibited storage areas include the area
between the sidewalk and curb. Composting materials, so long as they are maintained
as defined by this section, shall not be considered garbage. It is presumed that the
contents of any garbage bag or plastic bag or garbage can is garbage.
§ 178-4. Standards for exterior structures.
It shall be the duty and responsibility of all owners of property in the City of Ithaca to
ensure that:
A. Exterior structures are kept free of garbage, unless stored and completely contained
in durable, nonabsorbent, watertight containers having a tight-fitting lid in place. Plastic
bags are not considered durable containers. It is presumed that the contents of any
garbage bag or plastic bag or garbage can is garbage.
April 7, 2004
B. [ Construction and demolition debris is located on exterior structures for no longer
than 30 days. ]
All construction and demolition materials and debris, related to an ongoing construction
project with a valid building permit, is located on exterior structures or in yards and in
public view for no longer than 30 days. Materials that are not part of a valid construction
project authorized by a building permit shall not be stored in public view and shall be
deemed solid waste for the purposes of this ordinance.
§ 178-5. Responsibilities of agents delegated by property owners.
Property owners who do not reside in Tompkins County or one of its contiguous
counties must file an agency agreement with the City Building Department designating
an agent to be responsible for all of the responsibilities outlined in this chapter, and to
accept service of process on behalf of the property owner. Property owners residing
within Tompkins County or one of its contiguous counties may delegate the
responsibilities outlined in this chapter to an agent so long as, at the time of any
violation of this subsection, an agency agreement is on file in the City Building
Department. The property owner and agent shall both be liable for violations of this
chapter, and the City may bring an enforcement action against either the property owner
or agent, or both. If a property owner who does not reside in Tompkins County or one of
its contiguous counties fails to file an agency agreement with the Building Department
within 60 days of the effective date of this chapter, or if the agent designated does not
accept service or denies agency, then the City Clerk shall be deemed to be the owner's
agent for the limited purpose of accepting service of process on behalf of the owner and
service by mail shall be deemed complete upon mailing by first class mail in the name
of the owner to the address of the property. All agency agreements shall be in the form
specified by the City Building Department and shall contain at a minimum the following
information: the identity of the owner and the agent, the owner's and agent's addresses
and current phone numbers, the property or properties the agent is accepting
responsibility for, the beginning and ending date of the agreement, and the signatures of
both the property owner and agent, along with each party's date of birth. The agent
must be a resident of or maintain business in Tompkins County. Post office boxes will
not be accepted as addresses for agents. The owner shall be responsible for informing
the Building Department, in writing, of changes to the owner's and agent's addresses
and telephone numbers that occur after the owner files the agency agreement with the
Building Department. The property owner may not designate a residential tenant as the
agent pursuant to this section, except where such designation is contained in an
employment agreement between the property owner and the tenant. The employment
agreement shall not be contained in the lease agreement between the property owner
and the tenant, and the tenant's acceptance of designation as the agent shall not be a
condition of the lease agreement.
Section 2. SEVERABILITY CLAUSE. Severability is intended throughout and within
the provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. EFFECTIVE DATE. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Carried (9-0)
Alderperson Whitmore absent from vote
April 7, 2004
10. PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT
COMMITTEE:
10.1 Ithaca Urban Renewal Agency Disposition of Property to the Advocacy
Center of Tompkins County
A. 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 actions 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 action involves the transfer of the domestic violence shelter
property from the Ithaca Urban Renewal Agency (IURA) to the Advocacy Center of
Tompkins County subject to approval by the Common Council, and
WHEREAS, the proposed land acquisition and disposition action is an Unlisted Action
pursuant to the City of Ithaca Environmental Review Ordinance, now therefore be it
RESOLVED, That the Common Council does hereby declare itself lead agency for the
proposed IURA disposition of property to Advocacy Center of Tompkins County.
Carried (9-0)
Alderperson Whitmore absent from vote
B. Determination of Environmental Significance - Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS, the proposed action is classified as an Unlisted action under the City
Environmental Quality Review Ordinance [CEQR Sec. 176-12], and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), now, therefore be it
RESOLVED, That the Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Environmental
Assessment Form dated March 10, 2004, and be it further
RESOLVED, That the Common Council, as lead agency, 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 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 §176-
10 of CEQR.
Carried Unanimously
C. Approval of the IURA Proposed Disposition of the Domestic Violence
Shelter Property - Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, the IURA used CDBG funds to acquire real property that is used by the
Advocacy Center of Tompkins County (Advocacy Center) as a domestic violence
shelter through a 5-year license agreement that expires in 2004, and
WHEREAS, the IURA seeks to transfer ownership of the property to the Advocacy
Center, and
WHEREAS, the Advocacy Center seeks to acquire ownership of the IURA property, and
April 7, 2004
WHEREAS, the fair market value of the property has been determined through an
appraisal to be $129,000, and,
WHEREAS, per the IURA disposition policy, and in accordance with General Municipal
Law, the proposed sale or lease of real property by the IURA is subject to approval by
the Common Council following a public hearing held not less than ten days after
publication of a public notice for the hearing containing the following information:
identity of the proposed sponsor;
price to be paid by the sponsor and all other essential terms and conditions of the
sales; and,
proposed use of the parcel, and
WHEREAS, public disclosure of the location of the domestic violence shelter would
compromise the safety of clients of the Advocacy Center, and
WHEREAS, at the February 25, 2004 meeting of the IURA, it was determined the
Advocacy Center is an eligible and qualified sponsor to acquire the domestic violence
shelter property from the IURA, and
WHEREAS, the IURA further authorized disposition of the domestic violence shelter
property to the Advocacy Center subject to the following terms, now therefore be it
RESOLVED, That the Common Council hereby approves the IURA-proposed
disposition of the domestic violence shelter property as follows:
Buyer: Advocacy Center of Tompkins County
Use: Domestic violence shelter
Price: $129,000
Terms: Buyer shall execute a 5-year, 0% interest, promissory note with the
seller in the amount of $129,000, secured by a mortgage on the property, in
which the outstanding principal balance declines 20% for each year that the
buyer continues to operate a domestic violence shelter serving City of Ithaca
residents.
Carried Unanimously
10.2 Empire Zone Boundary Revision Agreement with Schuyler County
Partnership for Economic Development - Resolution
By Alderperson Tomlan: Seconded by Alderperson Taylor
WHEREAS, New York State has created the Empire Zone program to encourage
economic development in selected municipalities across the State, and
WHEREAS, Schuyler County, as an eligible municipality, received designation as an
Empire Zone, and
WHEREAS, Schuyler County intends to revise the County Empire Zone boundaries to
encourage economic development, and
WHEREAS, such revisions include projects undertaken within the City of Ithaca, and
WHEREAS, Empire Zone designation for areas in the City would improve financial
feasibility for projects in those designated areas, and
WHEREAS, the Common Council of the City of Ithaca is committed to the development
of new business within the Empire Zone, and
WHEREAS, the City of Ithaca is desirous of inclusion of areas of the City in Empire
Zone, and
April 7, 2004
WHEREAS, an Empire Zone Boundary Revision Agreement between the Schuyler
County Partnership for Economic Development (SCOPED) and the City of Ithaca must
be executed if projects in the City of Ithaca are to included in the Schuyler County
Empire Zone, now therefore be it
RESOLVED, That the Mayor is hereby authorized and directed to execute the Empire
Zone Boundary Revision Agreement with Schuyler County Partnership for Economic
Development.
Alderperson Zumoff voiced his opposition to the Resolution and to tax abatements in
general. He stated that he could support tax abatements with set conditions such as
paying a living wage, offering health insurance benefits, sustainable businesses, etc.
Alderperson Berry stated that she would support this Resolution and rely on staff to
monitor compliance to these agreements.
Further discussion followed on the floor regarding the project sites that would be eligible
for Empire Zone benefits.
Alderperson Tomlan stated that an additional Resolution would require Council
consideration in May after this legislation is approved by the State.
A vote on the Resolution resulted as follows:
Ayes (9) Coles, Mackesey, Whitmore, Berry, Tomlan, Townsend,
Taylor, Cogan, Korherr
Nays (1) Zumoff
Carried
10.3 Sale of City-Owned Surplus Properties
A. Lead Agency - Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposal to sell city surplus properties at public auction is an Unlisted
Action pursuant to the City of Ithaca Environmental Quality Review Ordinance and to
the New York State Environmental Quality Review Act, which requires review under the
City's Environmental Quality Review Ordinance, and
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself as
lead agency for the environmental review of the sale of three City owned surplus
properties, being Parcels #116.-1-3 and #47.-4-15 and approximately.17A in the city-
owned right –of-way on Giles Street.
Carried Unanimously
April 7, 2004
B. Determination of Environmental Significance - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, a listing of City owned properties considered appropriate for sale, being
Parcels #116.-1-3 and #47.-4-15 and approximately .17A in the city-owned right-of-way
on Giles Street has been generated and circulated to the Common Council, City Boards
and Staff, and
WHEREAS, appropriate environmental assessment forms have been completed, and
WHEREAS, the proposed action is an “unlisted” action under the State Environmental
Quality Review Act, and is an unlisted action under the City Environmental Quality
Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency, hereby does determine that
the proposed action at issue will not have a significant effect on the environment, and
that further environmental review is unnecessary under the circumstances, and be it
further
RESOLVED, That this resolution shall constitute notice of this negative declaration, and
the City Clerk be, and hereby is, directed to file a copy of the same, together with the
attachment, in the City Clerk’s office and forward the same to any other parties as
required by law.
Carried Unanimously
C. Approval for Sale of City-Owned Surplus Properties - Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS, a listing of City owned properties considered appropriate for sale, being
Parcels #116.-1-3 and #47.-4-15 and approximately .17A in the city-owned right-of-way
on Giles Street has been generated and circulated to the Common Council, City Boards
and Staff, and
WHEREAS, these properties have been determined to be of no immediate or future use
to the City, and
WHEREAS, the Planning, Neighborhoods and Economic Development Committee
recommended that the surplus properties be auctioned off at the 2004 spring
City/County auction, and
WHEREAS, property owners within 200 feet of each of the properties on the list will be
notified of the auction, and
WHEREAS, Common Council, as Lead Agency, has completed an environmental
review of the project and has declared that the Sale of the City Owned Surplus
Properties will not have a significant environmental impact; now, therefore, be it
RESOLVED, That Common Council directs that the listed surplus properties be sold at
the May City/County Auction, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute any and all
instruments necessary to carryout these sales by quit-claim deed.
Discussion followed on the floor regarding the University Avenue site; the unusual
layout of the land and future development uses.
City Planner Kuszner noted that neighbor notifications within 200 feet are sent out when
a property goes to auction.
April 7, 2004
Amending Resolution:
By Alderperson Mackesey: Seconded by Alderperson Korherr
RESOLVED, That the University Avenue property be removed from the list of surplus
properties being considered for sale.
Extensive discussion followed on the floor regarding the advantages of removing this
parcel from the auction list, and various options of adding it back to the list once
concerns are resolved.
A vote on the Amending Resolution resulted as follows:
Ayes (4) Tomlan, Korherr, Mackesey, Townsend
Nays (6) Coles, Whitmore, Berry, Zumoff, Taylor, Cogan
Failed
Main Motion:
A vote on the Main Motion resulted as follows:
Carried Unanimously
10.4 Department of Planning & Development's 2004 Priority Work Program –
Resolution
By Alderperson Tomlan: Seconded by Alderperson Whitmore
WHEREAS, the Department of Planning & Development's proposed 2004 Priority Work
Program has been reviewed by the Planning, Neighborhoods and Economic
Development Committee of Council, now, therefore be it
RESOLVED, That Common Council approves the Department of Planning and
Development’s 2004 Priority Work Program as follows:
ECONOMIC DEVELOPMENT:
Provide assistance to major downtown development projects, including Cayuga Green
II, Gateway Project, and State Theatre, and work with preferred developer on lease up
of retail space under Cayuga and Green Street Garages.
Continue downtown business retention and recruitment program.
Complete planning for repair or replacement of part or all of the Green Street Garage.
Continue planning for additional parking in Collegetown in cooperation with area
businesses and property owners.
Complete acquisition of Inlet Island development parcel. Begin process of developing
City-owned parcel on Inlet Island, beginning with selection of preferred developer.
Continue planning for additional waterfront development in cooperation with Tompkins
County and others.
Continue planning for potential land uses of city-owned property in the southwest area.
Continue work on Southwest Circulation Plan. Continue Elmira Road/Meadow Street
pedestrian and roadway improvements.
Continue planning and design for construction of Cherry Street extension.
Explore potential productive uses of the Ithaca Gun site.
NEIGHBORHOODS AND QUALITY OF LIFE:
Continue implementation of $2 million Neighborhood Housing Initiative to acquire and
rehabilitate substandard rental housing for sale to owner-occupants.
Complete Greater Southside Neighborhood Plan and continue neighborhood-planning
initiative.
April 7, 2004
Continue construction of first phase traffic calming projects. Continue planning and
design for citywide program upon authorization of Common Council.
Write a comprehensive plan for a citywide trail system connecting residential
neighborhoods and commercial areas to open space, natural areas and regional trail
system.
Begin redevelopment of West Spencer Street city-owned properties.
Continue planning and development of individual trail projects. Continue search for
outside funding for completion of the Inlet Island Promenade. Complete design and
begin right-of-way acquisition for Phase II of the Cayuga Waterfront Trail. Continue to
seek funding for Phase III of Cayuga Waterfront Trail (Farmer's Market to Visitor's
Center). Begin planning for South Hill trail (Buttermilk Falls to South Hill Recreation
Way).
Complete work with County on Local Waterfront Revitalization Program (LWRP). Begin
work on developing implementation strategies.
Continue work on acquisition of critical parcels in Six Mile Creek gorge as they become
available, using existing reserve fund allocation and proceeds from State grant, if
awarded.
Complete Historic Preservation Guidelines.
Continue planning for pedestrian linkages across Route 13 at various locations,
including Dey Street, Third Streets and south of Six Mile Creek. Continue to seek
funding for implementation.
Begin implementation of Bicycle Plan.
Continue planning for dredging of city waterways. Find acceptable dredge spoil
deposition site.
Plan with the community for the redevelopment of the Markles Flats site
GEOGRAPHIC INFORMATION SYSTEM
Complete citywide GIS implementation plan.
Implementation of GIS program, including web deployment and data development
according to implementation plan.
Complete periodically required improvements to "ithacamaps" web based GIS
application, particularly data updates and additions.
REGULATIONS AND MAJOR PERMITS:
Continue review of major Cornell projects.
Complete revisions to Landmarks Preservation Ordinance.
Seek funding to complete documentation for historic district designations.
GRANTS:
Complete implementation of the FY2003 Small Cities Community Development Block
Grant (CDBG) award – expansion of the Drop-In Children’s daycare center and
construction of six affordable housing units on scattered sites in the Northside Triangle
neighborhood.
April 7, 2004
Development of 5-year Consolidated Plan to identify high-priority community
development needs and guide the use of approximately $1.5 million to be received
annually through the CDBG Entitlement Program from the U.S. Department of Housing
& Urban Development (HUD). Entitlement funds are available to address needs in the
areas of homelessness, housing, economic development, neighborhood and public
facilities infrastructure, and public services.
Development of the FY2004 Action Plan identifying specific activities to be funded in the
first year of the CDBG Entitlement program. Begin implementation.
Discussion followed on the floor regarding the addition of language under the
Neighborhoods & Quality of Life Section regarding exploring productive, potential uses
of the Ithaca Gun site, and monitoring and remediation of environmental spill sites.
Planning and Development Director Van Cort explained that the Planning Department
has very little involvement with environmental spills as these fall under the jurisdiction of
the New York State Department of Environmental Conservation.
A vote on the Resolution resulted as follows:
Carried Unanimously
RECESS:
Common Council recessed at 9:20 p.m.
RECONVENE:
Common Council reconvened at 9:25 p.m.
10.5 Ithaca Urban Renewal Agency – Five-Year Consolidated Plan and One-Year
Action Plan
Alderperson Whitmore, Community Development Director Bohn and Deputy Community
Development Director Kittel provided a brief report on the 2004 entitlement funding
received by the city, and the Community Development Block Grant Action Plan. Sixty-
three applications have been received, and the Ithaca Urban Renewal Agency is
currently considering a number of applications for funding. All documents are due by
May 16, 2004, and questions can be referred to Community Development staff or
members of the IURA.
Alderperson Tomlan made the following announcement:
“The City’s proposed Consolidated Plan will be available for public comment between
April 1 and April 30, 2004 at the following locations:
IURA Office, 3rd Floor, City Hall
Office of the Mayor, 4th Floor, City Hall
Tompkins County (TC) Public Library
Human Services Coalition Office
Greater Ithaca Activities Center (GIAC)
Southside Community Center
Multi-Cultural Resource Center
www.cityofithaca.org
The Consolidated Plan describes the proposed uses of Community Development Block
Grant funds to address the needs of the City’s low and moderate income residents.
Written comments may be submitted to the IURA, 108 E. Green Street, Ithaca,
NY14850 until 4:30 p.m., April 30, 2004. For information contact the IURA at (607) 274-
6553.”
April 7, 2004
11. CITY ADMINISTRATION COMMITTEE:
11.1 Human Resources – Request to Release Funds from Restricted
Contingency for Living Wage Adjustments - Resolution
By Alderperson Berry: Seconded by Alderperson Zumoff
WHEREAS, as part of the 2004 Budget, $13,000 was placed in the Restricted
Contingency Account to allow for the living wage adjustment to a few City employees
who fell below the current living wage as defined by the Alternatives Federal Credit
Union, and
WHEREAS, during 2004 a Memorandum of Understanding (MOU) was established and
signed by the applicable Unions to allow for the living wage adjustment to occur, and
WHEREAS, the City desires to ensure that all current full-time City employees and
future newly-hired full-time employees have the option to earn a livable wage, and
WHEREAS, the current estimate to adjust the City employees to the livable wage is
$7,275 including benefits; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of an amount not to
exceed $7,275 from account A1990 Restricted Contingency to the appropriate salary
and benefit accounts as determined by the City Controller for the purposes of adjusting
City employees to the current living wage as determined by the Alternatives Federal
Credit Union per the signed MOU between the City and the CSEA Admin. and DPW
Units.
Carried Unanimously
11.2 DPW – Request to Create Bridge Systems Engineer Position - Resolution
By Alderperson Berry: Seconded by Alderperson Townsend
WHEREAS, as the Superintendent and staff have recommended the re-creation of the
Bridge Systems Engineer’s position in the Engineering Office in order to provide staff for
the current work load in years 2004 and 2005 to keep the current multi-year city bridge
program outlined in the MPO’s Transportation Improvement Program (TIP) schedule,
and
WHEREAS, the Assistant City Engineer is working on several city capital projects as
well as all of the scheduled bridge projects for 2004 and 2005, as well as preparing
work for the next five year update to the TIP which requires more time than is available,
and
WHEREAS, the Bridge System Engineers position was created with the understanding
that it was to be funded from the Capital Projects undertaken by the city (through the
state TIP or for itself) which has resulted in $12,000,000 in bridge construction with an
approximate net cost to the city of $2,000,000 during the years 1998 to 2003, and
WHEREAS, there is currently enough approved work for both positions (Assistant City
Engineer and Bridge Systems Engineer) well into 2005; now, therefore, be it
RESOLVED, That the Common Council hereby amends the 2004 Engineering Office
Authorized Personnel Roster as follows:
Add: One (1) Bridge Systems Engineer
and, be it further
RESOLVED, That this position is authorized subject to appropriate funding source
approval, and be it further
RESOLVED, That the necessary funds for said position shall be recovered from the
current and future City bridge projects.
April 7, 2004
Alderperson Korherr questioned whether this position was being created through 2005
or in perpetuity. Alderperson Whitmore responded that the roster position would exist in
perpetuity, however Common Council would make annual decisions for funding it.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.3 DPW/Water & Sewer – Request to Amend Capital Project #409J Tertiary
Phosphorus Upgrade Project - Resolution
By Alderperson Berry: Seconded by Alderperson Taylor
WHEREAS, Common Council approved the Tertiary Phosphorus Removal Upgrade
Project at the Ithaca Area Wastewater Treatment Plant (IAWWTP) at its regular meeting
on May 7, 2003 in the amount of $4,115,000, and
WHEREAS Common Council amended the budget at its regular meeting September 3,
2003 to $4,448,500 to reflect low bids opened August 19, 2003, and
WHEREAS, the City was not able to sign the contracts to effect the low bids received
August 19, 2003 because of delays imposed by the wastewater plant partners, and
WHEREAS, Stearns & Wheler has proposed a revised budget of $4,975,000 to move
forward with a rebidding process at this time, and
WHEREAS, $2,775,000 of the projected $4,975,000 project cost is committed by New
York State DEC in contract signed for grant reimbursement by NYSDEC, New York
State Attorney General, and New York State Comptroller; now, therefore, be it
RESOLVED, That Common Council hereby recommends an amendment to Capital
Project 409J Tertiary Phosphorus Removal Upgrade at the IAWWTP in the amount not
to exceed $526,500 for a total project authorization of $4,975,000, and be it further
RESOLVED, That Common Council authorizes this project contingent upon action by all
wastewater plant partners committing their new fair percentage of reimbursement
shares of the net cost to the Joint Activity Fund in the following amounts:
Project Net After Bond Act
Municipality % Total Reimbursement
City of Ithaca 57.15% $2,843,212.50 $1,257,300
Town of Ithaca 40.87% $2,033,282.50 $ 899,140
Town of Dryden 1.98% $ 98,505.00 $ 43,560
$4,975,000.00 $2,200,000
and be it further
RESOLVED, That Common Council hereby recommends financing this project through
local BANs and permanent bonding under NYS Environmental Facilities Corporation, or
in any such other manner as the City Controller, in partnership with the wastewater
plant owners, may recommend within the Joint Activity portion of the City financing, and
be it further
RESOLVED, That Common Council hereby recommends a $10,000 increase to the
previously authorized engineering services agreement Amendment No. 1 for advertising
and construction services related to this project in the amount of a cost not to exceed
$245,000.
Carried Unanimously
April 7, 2004
11.4 DPW/Water & Sewer – Authorizing the Execution and Filing of an
Agreement Necessary for Clean Water State Revolving Funding (CWSRF)
Assistance - Resolution
By Alderperson Berry: Seconded by Alderperson Whitmore
WHEREAS, the City of Ithaca, herein called the “Applicant”, after thorough
consideration of the various aspects of the problems and study of available data, has
hereby determined that the project generally described as Tertiary Phosphorus
Removal Upgrade Project at Wastewater Plant and identified as CWSRF Project
Number C7-6387-11-00 herein called the “Project”, is desirable and in the public
interest, and to that end it is necessary that action preliminary to the construction of said
Project be taken immediately, and
WHEREAS, the United States, pursuant to the Federal Water Quality Act of 1987 (as
such may be amended from time to time, the “Water Quality Act”), requires each State
to establish a water pollution control revolving fund to be administered by an
instrumentality of the state before the state may receive capitalization grants under the
Water Quality Act, and
WHEREAS, the State of New York has, pursuant to the State Water Pollution Control
Revolving Fund Act, Chapter 565 of the Laws of New York 1989, as amended (the
“CWSRF Act”) established in the custody of the New York State Environmental
Facilities Corporation (the “Corporation”) a water pollution control revolving fund (the
“Fund”) to be used for purposes of the Water Quality Act, and
WHEREAS, the Corporation has been created, reconstituted and continued pursuant to
the New York State Environmental Facilities Corporation Act, as amended, being
Chapter 744 of the Laws of 1970, as amended, and constituting Title 12 of Article 5 of
the Public Authorities Law and Chapter 43-A of the Consolidated Laws of the State of
New York, and constitutes a public benefit corporation under the laws of the State of
New York, being a body corporate and political with full and lawful power and authority
to provide financial assistance from the Fund, and
WHEREAS, the Corporation has the responsibility to administer the Fund and to provide
financial assistance from the Fund to municipalities for eligible projects, as provided in
the CWSRF Act, and
WHEREAS, the CWSRF Act authorizes the establishment of a program for financial
assistance for planning, design and construction of eligible projects; now, therefore, be
it
RESOLVED BY Common Council as follows:
1. The filing of an application for CWSRF assistance in the form required by the
Corporation in conformity with the CWSRF Act is hereby authorized, including
all understandings and assurances contained in the application.
2. The following person is directed and authorized as the official representative
of the Applicant to execute and deliver an application for CWSRF assistance,
to execute and deliver the Project financing agreement and any other
documents necessary to receive financial assistance from the Fund for the
Project, to act in connection with the Project and to provide such additional
information as may be required and to make such agreements on behalf of
the Applicant as may be required:
Steven P. Thayer Controller
3. The official designated above is authorized to make application for financial
assistance under the CWSRF Program for either short-term or long-term
financing or both.
April 7, 2004
4. One (1) certified copy of this Resolution shall be prepared and sent to the
New York State Environmental Facilities Corporation, 625 Broadway, Albany,
New York 12207-2997.
5. This Resolution shall take effect immediately.
Carried Unanimously
12. COMMUNITY SERVICES COMMITTEE:
12.1 City Representatives Terms to the TCAT Board of Directors – Resolution
By Alderperson Whitmore: Seconded by Alderperson Taylor
WHEREAS, Common Council appointed David Whitmore, Pam Mackesey, and Dan
Cogan as the City of Ithaca representatives on the Tompkins Consolidated Area Transit
(TCAT) Board of Directors in February 2004, and
WHEREAS, the TCAT By-Laws require that representatives from the partners be
appointed to staggered terms so as to maintain institutional memory, and
WHEREAS, Common Council did not indicate which representatives would serve which
terms; now, therefore, be it
RESOLVED, That Pam Mackesey is hereby appointed to the TCAT Board for a term to
expire on December 31, 2004, and, be it further
RESOLVED, That David Whitmore is hereby appointed to the TCAT Board for a term to
expire on December 31, 2005, and, be it further
RESOLVED, That Dan Cogan is hereby appointed to the TCAT Board for a term to
expire on December 31, 2006.
Carried Unanimously
13. REPORTS OF SPECIAL COMMITTEES:
13.1 Report on the Progress of the Southside Working Group
Alderperson Whitmore reported that the Southside Working Group was on schedule to
present its report along with recommendations to the Community Services Committee in
May. In the interim, both the GIAC and the Southside Boards of Directors will review
the draft report and provide feedback. In addition, a request of additional funding for the
Southside for 2004 may come to the Administration Committee in May.
14. NEW BUSINESS:
14.1. Simeon’s Alcohol Permit Request - Resolution
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
April 7, 2004
RESOLVED, For the year 2004, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
14.2 Mahogany Grill Alcohol Permit Request - Resolution
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill restaurant
to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Mahogany Grill Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2004, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Grill
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
14.3 Taste of Thai Alcohol Permit Request - Resolution
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to
utilize certain areas along the Commons for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Taste of Thai Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2004, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
April 7, 2004
14.4 Les Ducs Restaurant Alcohol Permit Request
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, the City Clerk has received a request to allow the Les Ducs Restaurant to
utilize certain areas along South Cayuga Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Les Ducs Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2004 Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Les Ducs
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
14.5 Viva Tacqueria & Cantina Alcohol Permit Request – Resolution
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria Restaurant
allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2004, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
April 7, 2004
14.6 Motion to Enter into Executive Session to Discuss Collective Bargaining
By Alderperson Whitmore: Seconded by Alderperson Berry
RESOLVED, That Common Council enter into Executive Session to discuss collective
bargaining.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
Executive Association Agreement – Resolution
By Alderperson Coles: Seconded by Alderperson Whitmore
RESOLVED, That the agreement negotiated with the City’s Executive Association be
hereby approved for the period January 1, 2003 through December 31, 2006, and, be it
further
RESOLVED, That the negotiated salary adjustment for 2003 and 2004 be applied on a
retroactive basis to January 1 of the respective years, and, be it further
RESOLVED, That the Mayor is hereby authorized to sign and execute the contract on
behalf of the City.
Ayes (9) Coles, Mackesey, Whitmore, Berry, Tomlan, Zumoff,
Taylor, Townsend, Cogan
Nays (1) Korherr
Carried
15. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
Alderperson Taylor requested Privilege of the Floor and made the following statement:
“Aldermen Michael Taylor and Gayraud Townsend were the lone votes in favor of
sending the Noise Ordnance Legislation back to the Governance Committee for further
work. There was a new component of the ordinance, which was not discussed or voted
on at any previous Governance Committee meeting. Both Representatives Taylor and
Townsend are committed to good government, and to having committee work to happen
in committee and not on the Common Council Floor.
However, in a Fourth Ward Team effort, and in recognition of the problem of noise in
our community, while expressing concern for the importation of the aggravated
components that unfairly target student socialization characteristics in the penalty
section (240-15) and the way in which particular sections were added at the last
minutes to the ordnance, Fourth Ward Representative Townsend voted in favor of the
Noise Ordnance, and Representative Taylor cast the lone vote against the legislation.”
16. MAYOR’S APPOINTMENTS:
Affirmative Action Committee:
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That Mary Matthews be appointed to the Affirmative Action Committee to
fill a vacancy with a term to expire December 31, 2006.
Carried Unanimously
Board of Zoning Appeals:
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That Steven Beer be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2006.
Carried Unanimously
Commons Advisory Board:
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That Joel Zumoff be appointed to the Commons Advisory Board as the
Common Council member with a term to expire December 31, 2005, and, be it further
April 7, 2004
RESOLVED, That Joseph Wetmore be appointed to the Commons Advisory Board to fill
a vacancy with a term to expire December 31, 2004.
Carried Unanimously
Ithaca Housing Authority:
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That Joan Serra be reappointed to the Ithaca Housing Authority Board
with a term to expire October 17, 2008.
Carried Unanimously
Natural Areas Commission:
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That Pamela Mackesey be appointed to the Natural Areas Commission as
a member of the commission with a term to expire December 31, 2005.
Carried Unanimously
Planning & Development Board:
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That Jennifer Dotson be appointed to the Planning & Development Board
as the BPW Voting Member with a term to expire December 31, 2004.
Carried Unanimously
17. REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Berry urged Common Council members to prepare liaison reports for the
May, 5, 2004 meeting.
21. MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of Common Council Meeting Minutes
By Alderperson Townsend: Seconded by Alderperson Korherr
RESOLVED, That the February 4, 2004 Regular Common Council Meeting Minutes be
approved as published, and, be it further
RESOLVED, That the February 10, 2004 Special Common Council Meeting Minutes be
approved as published, and, be it further
RESOLVED, That the February 25, 2004 Special Common Council Meeting Minutes be
approved as published, and, be it further
RESOLVED, That the March 3, 2004 Regular Common Council Meeting Minutes be
approved as published.
Carried Unanimously
22. ADJOURNMENT:
On a motion the meeting adjourned at 10:35 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor