HomeMy WebLinkAboutMN-CC-2004-09-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. September 1, 2004
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Mackesey, Whitmore, Tomlan, Zumoff, Taylor,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Luster
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Planning & Development Director – Cornish
Deputy Community Development Director – Kittel
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
EXCUSED:
Alderperson Berry
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested the deletion of Item 8.3 from the Consent Agenda –
Establishment of Standard Work Day.
No Council Member objected
PROCLAMATIONS/AWARDS:
Mayor Peterson presented a Proclamation to Leo & Lilly Teeter, owners of Reynold’s
Variety Store for their contributions to the City of Ithaca, and wishing them luck in their
future endeavors.
Mayor Peterson presented a Proclamation to the Hangar Theatre in honor of their 30-
year anniversary.
Mayor Peterson and Common Council members offered their congratulations to
Alderperson Michelle Berry and her husband Robert Lofthouse on the birth of their
daughter, Nina Berry Lofthouse born on August 30, 2004.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Kathy Luz Hererra, 5th District Tompkins County Legislator, addressed Council on the
following topics:
-Tompkins County conducted a Public Forum regarding the County Executive form of
government and the County Jail expansion capital program recommendations.
-The 2005 County budget includes a proposed 3% increase in the tax levy. Three
placeholders have been placed in the capital program recommendations for the jail.
-TCAT is about to become a not-for-profit organization. It looks as though STOA funds
might be restored.
-County sales tax figures are approximately $1.5 million above projections.
-County may be creating a Pension Reserve Fund for retirement system payments.
-Revolving loan funds/grants from Lowe’s to rural micro-enterprise businesses.
-Better Housing of Tompkins County reached a milestone of “first-home” purchases.
-Tompkins County Airport Grant denial.
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September 1, 2004
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, Town of Newfield - support of Nuisance Laws
Valerie Pavan, City of Ithaca - South Plain and Center Street intersections
Paul Friend, City of Ithaca - South Plain and Center Street intersections, 4-way yields
signs, and the traffic circle
Guy Gerard, City of Ithaca -highway and corporate development.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Whitmore reported that the State Transportation Operating Assistance
(STOA) funds would be released to TCAT upon the establishment of not-for-profit
status. The remaining two quarters of funding are dependent upon the future success of
the not-for-profit organization.
He further responded to concerns raised about the intersection of South Plain and
Center Street and stated that he is disappointed with the failure of the intersection and
would like to work with the Board of Public Works to correct the situation. He further
stated that there have been improvements made to Conley Park that include the
installation of an interpretive trail and expressed his thanks to the city and State crews
for their work on this project.
Alderperson Townsend congratulated Alderperson Berry on the birth of her daughter.
He further commended the Ithaca Police Department and Police Chief Signer on their
response to the violation of privacy case on West Campus. Alderperson Townsend
announced that Nina Bassuk, Chair of the Shade Tree Advisory Council, has won the
2004 Gold Medal of Horticulture Award.
Alderperson Mackesey thanked Mayor Peterson for the proclamation to the Teeter
family, and thanked the Teeters for running a very unique store and filling a niche for the
Ithaca community.
CONSENT AGENDA ITEMS:
Planning, Neighborhoods & Economic Development Committee
8.1 Support for Grant Application - New York Main Street Grant Program –
Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
WHEREAS, on July 21, 2004, the New York State Housing Trust Fund Corporation
issued a Notice of Funding Availability for the New York Main Street (NYMS) grant
program making $20 million of assistance available to undertake main street
revitalization projects in downtowns and neighborhood commercial areas, and
WHEREAS, the maximum award is limited to $200,000 and requires match funding, and
WHEREAS, Business Improvement Districts (BIDs) and community-based not-for-profit
organizations, but not municipalities, are eligible to apply for NYMS funding, and
WHEREAS, eligible grant activities include:
Façade Renovation Grants – 50/50 cash match up to $10,000/building
Building Renovation Grants – 50/50 cash match up to $50,000/building
Downtown Anchor Grants – up to $100,000, but less than 25% of activity cost
Streetscape Enhancement Grants – up to $25,000
WHEREAS, projects that incorporate residential units on upper floors will receive priority for
funding, and
WHEREAS, a resolution from the municipality in support of the proposed project is
required to be submitted with the grant application, and
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September 1, 2004
WHEREAS, the grant application is due September 20, 2004, and
WHEREAS, the Ithaca Downtown Partnership (IDP), an eligible BID applicant, seeks to
submit a NYMS application for a proposed project consistent with the "Updated and
Amended Downtown Ithaca Development Strategy: 2000-2010" as endorsed by the
Common Council on March 3, 2004, and
WHEREAS, the IDP seeks Common Council support, but no cash match, for a grant
application of up to $200,000 for a proposed downtown revitalization project
incorporating the following major activities:
Upper Story Commons Housing project
State Theater building renovations
Finger Lakes Wine Center project, and
WHEREAS, subject to financial feasibility, matching fund commitments, and
competitiveness, the application may substitute or augment one or more of the above
activities with downtown facade renovations and/or streetscape enhancements, and
WHEREAS, the IDP is in the process of working with several business and property
owners to establish financial feasibility and gain matching fund commitments for the
proposed project, now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby supports the Ithaca
Downtown Partnership’s 2004 proposed downtown project submitted for funding
through the New York Main Street grant program.
Carried Unanimously
8.2 Support for National Register Listing - Downtown Historic District-
Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
WHEREAS, a primary objective of the Ithaca Downtown Partnership (IDP) is to
strengthen and promote Ithaca’s downtown business district, and
WHEREAS, the IDP believes that recognition of the historic character of Ithaca’s
downtown by listing on the National Register of Historic Places is an effective tool for
achieving this objective, and
WHEREAS, in fall of 2003, the IDP was awarded a grant from the Preservation League
of New York State to prepare a National Register nomination for the Ithaca Downtown
Historic District, and
WHEREAS, the nomination has been completed and will be presented for consideration
by the State Review Board at their meeting scheduled for September 17, 2004, and
WHEREAS, official recognition of the historic and architectural character of Ithaca’s
downtown is consistent with the “Updated and Amended Downtown Ithaca
Development Strategy: 2000-2010” as endorsed by the Common Council on March 3,
2004, and
WHEREAS, National Register listing confers eligibility to listed buildings for investment
tax credits for qualified rehabilitation, and for special provisions under the revised New
York State Building Code for rehabilitation of historic buildings, and
WHEREAS, as a participant in the Certified Local Government Program, the City of
Ithaca is asked by the New York State Office of Parks, Recreation and Historic
Preservation to comment on nominations to the National Register of properties within its
boundaries, now, therefore, be it
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September 1, 2004
RESOLVED, That the Common Council of the City of Ithaca supports the nomination of
the Ithaca Downtown Historic District to the National Register of Historic Places.
Carried Unanimously
City Administration Committee:
8.3 Human Resources - Establishment of Standard Workday in Conjunction
with New York State Retirement System Regulations - Resolution
This item was removed from the agenda
8.4 Youth Bureau – Request to Amend Personnel Roster and Authorized
Budget - Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
WHEREAS, Cass Park is requesting to increase the hours of the Recreation Supervisor
at Cass Park, due to a pending retirement; now, therefore, be it
RESOLVED, That Common Council hereby amends the roster as follows:
Add: One (1) Recreation Supervisor (35 hours)
Delete: One (1) Recreation Supervisor (20 hours)
and, be it further
RESOLVED, That Common Council hereby authorizes the City Controller to transfer,
within the existing Youth Bureau Budget, an amount not to exceed $3,390 from account
A7310-5120-1311 to account A7310-5110-1311 for the purpose of funding said roster
amendment.
Carried Unanimously
COMMUNITY SERVICES COMMITTEE:
9.1 Report on Community Arts Partnership
Alderperson Whitmore reported that representatives of the Community Arts Partnership
attended the Community Services Committee meeting and explained its history and its
relationship to the City. They have requested that a line be added in the budget for
Community Arts Partnership funding similar to the contract/funding agreements the city
has with the SPCA, TCAD, TCAT. This issue will be referred to Council for
consideration during the budget process.
9.2 Endorsement of the Southside Working Group Report - Resolution
By Alderperson Whitmore: Seconded by Alderperson Korherr
WHEREAS, the Southside Working Group formed in November 2003 to address the
future relationship between the Southside Community Center, Inc., the City of Ithaca
and the Greater Ithaca Activities Center (GIAC), Inc., and
WHEREAS, the primary goal of the Working Group was to report on its deliberations
and recommend the course that would most likely guarantee the success of the
Southside, and
WHEREAS, the Southside Working Group and the boards of directors for both the
Southside Community Center and GIAC have spent much energy and countless hours
deciding the course that would best serve the community centers, their constituents and
the city as a whole, and
WHEREAS, the Southside Working Group presented a preliminary report to the
Community Services Committee at its May meeting, and
WHEREAS, since the May meeting of the Community Services Committee, the boards
of both GIAC and Southside have met together twice to discuss the feedback from their
respective boards as well as the Community Services Committee and formulate an
amended recommendation, and
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September 1, 2004
WHEREAS, the Working Group presented an amended report, dated July 6th, 2004, to
the Community Services Committee at the July meeting of the Community Services
Committee, and
WHEREAS, Common Council recognizes the immense effort expended by the Working
Group and by the boards of directors of Southside and GIAC in order to create this
report and its recommendations, and
WHEREAS, the Common Council agrees with the substance and recommendations of
the Working Group Report dated July 6, 2004, now, therefore be it
RESOLVED, That Common Council hereby endorses the substance and
recommendations of the Southside Working Group Report dated July 6, 2004.
Alderperson Whitmore explained the Working Group’s efforts in reaching the
conclusions of the Southside Working Group Report.
Nicole Eversley Broadwell distributed a speculative impact of the closure of the
Southside Community Center.
Alderperson Tomlan thanked everyone for their hard work on this issue and stated that
the recommendations are sound for Southside Community Center, however she voiced
concerns about the cost to the City.
Alderperson Whitmore responded to questions regarding the level of city resources
available to implement the plan.
Alderperson Mackesey stated that she is supportive of the plan, but is worried about
setting unrealistic expectations because she is not confident that the city has the
resources to implement the plan.
Alderperson Whitmore expressed appreciation for the Working Group and stated that
they are an amazing group of hard working people who have had to tackle very difficult
decisions.
Alderperson Coles stated that she is supportive of the report but is disturbed by the
statements made regarding the city’s ability to fund the proposal. She stated that she
would support this issue to the extent possible within the resources of the city.
A vote on the Resolution resulted as follows:
Carried Unanimously
GOVERNANCE COMMITTEE:
10.1 An Ordinance to Amend Chapter 240, Sections 6 and 7 of the City of Ithaca
Municipal Code Entitled “Noise”
By Alderperson Mackesey: Seconded by Alderperson Zumoff
WHEREAS the Common Council of the City of Ithaca has reviewed the noise ordinance
provisions in the City Code and find 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
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September 1, 2004
ORDINANCE NO.___ of 2004
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Sections 240-6, 240-7, of Chapter 240 of the City of Ithaca Municipal Code entitled
“Noise” are hereby amended as follows:
§ 240-6. Radios, television sets and similar sound-amplifying devices.
A. 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 or
recklessly creates a risk thereof, 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, or recklessly creates the risk thereof, 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 who lives in or on the premises involved in such party or
social event.
(3) Shall include the person who is listed on a permit granted pursuant to Article III of
this chapter with respect to such event.
Section 2:
SEVERABILITY CLAUSE. Severability is intended throughout and within the provision
of the ordinance. If any section, subsection, sentence, clause, phrases or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall no 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.
Alderperson Taylor expressed opposition to allowing Police Officers to make
determinations of what a nuisance is, and that noise ordinance violations would not be
based on a neighborhood complaint.
Alderperson Cogan stated that he is in favor of this amendment because many people
are not willing to file an official complaint with the Police for fear of retribution.
Alderperson Townsend voiced his opposition to the Ordinance. He stated that there is a
difference between people being afraid to call the police and people being neighborly.
Alderpersons Tomlan, Korherr and Mackesey voiced their support for the Ordinance as
they have heard from neighbors who have experienced retribution.
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September 1, 2004
Alderperson Taylor stated that Police Officers currently have the authority to be
complainants on noise violations under §240-4, and that he would like to see warnings
issued not arrests made. He further stated that different neighborhoods have different
tolerances so other noise violations should be based on neighborhood complaints.
A vote on the Ordinance resulted as follows:
Ayes (7) Cogan, Whitmore, Tomlan, Korherr, Mackesey, Zumoff, Coles
Nays (2) Taylor, Townsend
Abstentions (0)
Carried
10.2 An Ordinance to Amend Chapter 240, Sections 3 and 14 of the City of
Ithaca Municipal Code Entitled “Noise”
By Alderperson Mackesey: Seconded by Alderperson Whitmore
WHEREAS, Section 240-14 of said Code refers to a "sound source," and
WHEREAS, the term "sound source" is not defined in said Code, and
WHEREAS, Section 240-14(B) of said Code requires a person who 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 10:00 p.m. of any day and 7:30 a.m. to the
next day, to secure a permit under the provisions of Section 240-14 of said Code, and
WHEREAS, Section 240-14(E) of said Code prohibits the issuance of a permit pursuant
to said section for any sound source that will operate between 10:00 p.m. and 7:30 a.m.
of any day and,
WHEREAS, the Common Council is desirous of reconciling these two conflicting
sections, now, therefore,
ORDINANCE NO. ___________OF 2004.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section 240-3 of Chapter 240 of the City of Ithaca Municipal Code entitled
"Noise" is hereby amended as follows:
"Section 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.
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. As used in this chapter,
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September 1, 2004
"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.
SOUND SOURCE – any person or thing from which sound is created.
UNREASONABLE NOISE -- A level of sound that is injurious or annoying or disturbing
to be heard."
Section 2. Section 240-14 of Chapter 240 of the City of Ithaca Municipal Code entitled
"Noise" is hereby amended as follows:
"Section 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
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) 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 that any person objecting to
the granting of such permit may contact the 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 10:00 p.m. and 7:30 a.m. of any day. When
determining if a permit should be issued, factors the official shall consider shall include
but are not limited to the volume of the noise, the proximity of the noise to sleeping
facilities, the time of the day or night the noise occurs, the time duration of the noise,
and the impact of the noise on persons living or working in different places or premises
who are affected by the noise. 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
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September 1, 2004
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."
Section 3. Severability. Severability is intended throughout and within the provisions of
this ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
10.3 An Ordinance to Amend Chapter 178, Section 3 of the City of Ithaca
Municipal Code Entitled “Exterior Maintenance”
By Alderperson Mackesey: Seconded by Alderperson Zumoff
WHEREAS, Section 178-3(B) of said Code provides that all property owners in the City
of Ithaca must ensure that, "All garbage, when stored outside, is completely contained
in non absorbent, water tight, durable containers having a tight-fitting lid in place," and
WHEREAS, West Nile Virus and other mosquito and insect born diseases thrive in
water that accumulates in otherwise empty garbage containers that do not have proper
lids in place, and
WHEREAS, existing Code provisions do not require that tight-fitting lids be in place on
garbage containers at all times; now, therefore,
ORDINANCE NO. ___________OF 2004.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Section 178-3(B) of Chapter 178 of the City of Ithaca Municipal Code
entitled "Exterior Property Maintenance" is hereby amended as follows:
"Section 178-3(B). All garbage, when stored outside, is completely contained in non-
absorbent, water tight, 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 sight. Garbage containers, whether they contain
garbage or not, shall have a tight-fitting lid in place at all times. Tight-fitting lids shall be
placed back on all garbage containers within twenty-four (24) hours after scheduled
garbage pick-up. Any garbage remaining after scheduled pick-up must be removed
from curbside within twenty-four (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. "
Section 2. Severability. Severability is intended throughout and within the provisions of
this 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.
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September 1, 2004
Alderperson Cogan relayed concerns from a landlord regarding what happens when a
lid disappears or becomes damaged and no longer fits tightly.
Alderperson Mackesey stated that this Ordinance is in response to constituent concerns
regarding public health specifically mosquitoes, and the spread of West Nile virus. She
stated that as long as the lids are placed over the cans and not allowed to be on the
ground collecting water, residents would be in compliance with the law.
A vote on the Ordinance resulted as follows:
Carried Unanimously
PLANNING, NEIGHBORHOODS & ECONOMIC DEVELOPMENT COMMITTEE:
11.1 Amendment to FY2004 Action Plan to Comply with HUD Requirements –
HUD Entitlement Program - Resolution
By Alderperson Tomlan: Seconded by Alderperson Townsend
WHEREAS, on February 17, 2004 the U.S. Department of Housing and Urban
Development (HUD) formally notified the City of Ithaca that it was eligible to become an
Entitlement community receiving annual formula allocations of funding, including the
following amounts in FY2004:
$976,000 Community Development Block Grant (CDBG)
$601,669 HOME Investment Partnerships Program (HOME)
$1,577,669 Total, and
WHEREAS, on December 3, 2003 the Common Council designated the Ithaca Urban
Renewal Agency (IURA) as the Lead Agency to develop and administer the
Consolidated Plan to enable the City to be eligible to receive HUD Entitlement program
funding on an annual basis, and
WHEREAS, on May 5, 2004 the Common Council adopted and submitted to HUD a
multi-year Consolidated Plan and an annual FY2004 Action Plan, and
WHEREAS, the Action Plan identifies the specific list of budgeted activities to be funded
from FY2004 HUD Entitlement funds, including the following activities from HOME
funds:
$21,000 Rental Housing Security Deposits, Catholic Charities
$300,000 Elm St. Rental Housing Construction (6 units), INHS
$40,000 West End Housing Initiative predevelopment loan, MHATC
$162,569 First Time Homebuyer Assistance, INHS,
$18,000 Transitional Housing Project, Red Cross
$60,100 HOME Administration, and
$601,669 HOME Total
WHEREAS, in correspondence dated June 25, 2004 HUD informed the City that in
order to approve the 2004 Action Plan, the City must submit a plan to bring the 2004
HOME program budget up to a minimum of $750,000 or forfeit HOME funding for
FY2004 and all future allocations, and
WHEREAS, per 24 CFR 92.102, to be eligible to receive annual HOME funds through
the Entitlement program a community must have a formula allocation of at least
$750,000 or augment the HOME allocation with local or state funds to achieve the
minimum $750,000 threshold in the initial year of the program, and
WHEREAS, the City’s 2004 allocation of HOME funds is $601,669 that creates a
shortfall of $148,331 to reach the $750,000 minimum HOME threshold, and
WHEREAS, such HOME shortfall must be made up from local or state funds, and
WHEREAS, by correspondence from the Mayor dated July 7, 2004, the City informed
HUD that it plans to commit $148,331 from the Housing Development Grant (HODAG)
program income source to fund the FY2004 HOME shortfall, and
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September 1, 2004
WHEREAS, the correspondence further proposed that such local funds would be used
to make a construction loan of $148,331 to Ithaca Neighborhood Housing Services
(INHS) in support of their Elm St. Rental Housing Construction project, which is already
included in the Action Plan for HOME funding, and
WHEREAS, the addition of $148,331 to the HOME budget in the Action plan constitutes
a “substantial amendment” that must be adopted by Common Council following an
advertised public hearing, and
WHEREAS, a public hearing was held on August 18, 2004 before the Planning,
Neighborhoods and Economic Development Committee; now, therefore, be it
RESOLVED, That the Common Council hereby adopts the following amendment to the
2004 Action Plan to satisfy the minimum HOME threshold amount of $750,000:
1. Add $148,331 in revenue to the HOME budget from the Housing Development
Grant program income source (“Eddygate Park Apartments,” grant
#NY009HG401”), and
2. Use these additional local funds to make a construction loan of $148,331 to INHS
for the Elm Street Rental Housing Construction project, and, be it further
RESOLVED, That the Mayor, subject to advice from the City Attorney and Director of
Planning & Development, is authorized to execute any and all documents necessary to
implement this resolution.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
12.1 Human Resources – Approval of Managerial Health Insurance Co-payment
– Resolution
By Alderperson Coles: Seconded by Alderperson Mackesey
WHEREAS, the City of Ithaca has recently negotiated union contracts, which include an
employee health insurance premium equivalent co-payment, and
WHEREAS, it was the City’s intent to require a co-payment from managerial staff
consistent with the first collective bargaining agreement signed; now, therefore, be it
RESOLVED, That effective immediately, all new managerial hires will follow the
following health insurance premium equivalent co-pay schedule based upon the sliding
scale:
2004 – 15%
2005 – 18%
2006 – 20%
and, be it further
RESOLVED, That all current managerial staff will follow the following health insurance
premium equivalent co-pay schedule based on the sliding scale:
January 1, 2005 – 7%
January 1, 2006 – 11%
Carried Unanimously
12.2 Common Council – Request Transfer of Funds for Fourth Quarter Funding
to Southside Community Center - Resolution
By Alderperson Coles: Seconded by Alderperson Mackesey
WHEREAS, as part of the 2004 City Budget, funds of $68,000 were set aside in
restricted contingency, and another $21,365.00 in Sales Tax Agreement funds, to be
transferred to Southside Community Center as part of the City’s annual contribution to
the Center, and
12
September 1, 2004
WHEREAS, Common Council has made the following transfers to the Southside
Community Center during 2004:
1/7/04 $17,000.00 – 1st Quarter Contingency funds;
3/3/04 $27,682.50 – 2nd Quarter Contingency funds and 1st and 2nd Quarters of
Sales Tax Agreement funds
7/3/04 $27,682.50 – 3rd Quarter Contingency funds and 3rd
and 4th Quarters of Sales Tax Agreement funds
and
WHEREAS, Common Council requested additional financial information to support the
final $17,000 financial request from Southside Community Center, and
WHEREAS, the City of Ithaca Common Council has received further information to
consider the appropriation of the remaining $17,000.00 held by the City for the
Southside; now, therefore, be it
RESOLVED, That Common Council hereby approves an amount not to exceed
$17,000.00 be transferred from Restricted Contingency account #A1990 to the
Southside Community Center account #A7312-5435 for fourth quarter operations of
2004, and be it further
RESOLVED, That the Southside Community Center use these funds to maintain
operations and programs through December 31, 2004.
Carried Unanimously
12.3 City Chamberlain – Request Approval of Tax Penalty Waiver - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the owner of 312 College Avenue has asked for a waiver of penalty for City
second installment taxes, allegedly mailed on June 30, 2004 but postmarked by the US
Post Office on July 6, 2004; now therefore be it
RESOLVED, That, due to the extenuating circumstances not addressed by the
guidelines set forth by Common Council on June 6, 2001, the request to waive the
penalty is approved.
Carried Unanimously
REPORT OF SPECIAL COMMITTEES:
Budget Meeting Discussions:
Alderperson Coles stated that she sent out an e-mail to Council Members with a series
of dates for budget meetings. She asked that replies be made to Carol Shipe in the
Controller’s Office. Budget Meetings will start at 7 p.m., and will be open to the public.
The meetings will be held in either Common Council Chambers or the Second Floor
Conference Room. She further stated that Department budgets have been distributed to
Common Council for review.
MAYOR’S APPOINTMENTS:
Mayor Peterson announced that there have been two resignations from the Planning
Board and that she is working on appointments to replace them.
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Whitmore reported that an organizational meeting for the not-for-profit
TCAT organization is scheduled for September 13, 2004 at 4:00 p.m. at TCAT.
Alderperson Taylor reported on the Cornell Working Group and the success of the
Collegetown Welcome Weekend programs and events that were organized on campus
for the return of the students.
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September 1, 2004
REPORT OF CITY CONTROLLER:
City Controller Thayer reported on the State Budget and the Pension
Reform Bill. The date for pension payments has been moved from December 15th, ,
2004 to February 1, 2005. He further reported that this item would remain a liability
item on the books, and that he would be recommending the establishment of a capital
reserve fund for pension payments.
He further reported that the city sales tax revenue is slightly under projections, and that
he has been working on the development of the 2005 budget and meeting with
Department Heads and the Mayor.
REPORT OF CITY ATTORNEY:
City Attorney Luster reported that the Red Bud Woods Appeal has been filed and that
the City is awaiting a response from Cornell University. Arguments for the appeal are
expected to take place in November. He further reported that two Article 78 hearings
regarding the Board of Zoning Appeals have been upheld. Motions for a Summary
Judgment on the same gender marriage applications are scheduled for early October.
MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of the July 7, 2004 Regular Common Council Meeting Minutes
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That the July 7, 2004 Regular Common Council Meeting Minutes be
approved as published.
Carried Unanimously
21.2 Approval of the August 4, 2004 Regular Common Council Meeting Minutes
By Alderperson Coles: Seconded by Alderperson Mackesey
RESOLVED, That the August 4, 2004 Regular Common Council Meeting Minutes be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:55 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor