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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. 2 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 3 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 4 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 5 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 6 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. 7 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, 8 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 9 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. 10 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 11 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. 13 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