HomeMy WebLinkAboutMN-CC-2005-12-07COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. December 7, 2005
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Luster
City Controller – Thayer
Deputy Planning & Development Director – Cornish
Community Development Director – Bohn
Asst. Superintendent of Streets & Facilities – Ferrel
Building Commissioner – Radke
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business:
Alderperson Cogan requested the addition of Item 14.1 - Resolution to Create
PEGASYS Fees for Users from Non-participating Municipalities.
No Council Member objected.
City Administration Committee:
Alderperson Berry requested that her report be moved to the end of the City
Administration agenda as Item 11.10, and noted that she would send her report to
Common Council members via e-mail.
Alderperson Berry further stated that a Substitute Resolution for Item 11.2 had been
distributed to Council Members for consideration and review.
No Council Member objected.
Planning, Neighborhoods & Economic Development Committee:
Alderperson Tomlan requested that Item 10.5 – An Ordinance to Amend Chapter 325 of
the City of Ithaca Municipal Code Entitled “Zoning” to Establish Planned Unit
Development (PUD) District Regulations for Limited Use within Certain Zones in the
City, be deleted from the agenda.
No Council Member Objected
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Pride of Ownership Awards – Presentation by Susan Blumenthal
Susan Blumenthal, on behalf of the Rotary Club of Ithaca and the City of Ithaca,
announced the following recipients of the 2006 Pride of Ownership Awards:
1. Ernie and Carol Bayles – 209 Utica Street
2. Maria Avramis and George Avramis – 400 College Avenue
3. Maryann Friend and Douglas Friend – 335 Elmira Road
4. Citizen Pruners, Cornell Cooperative Extension
5. Cornell University School of Hotel Administration, Beck Center Addition to Statler
Hall.
6. Dan Krall, Six-Mile Creek Clean Up
7. Ithaca Children’s Garden, Gaia the Turtle, Cass Park
Update on City’s Sustainability Plans – Mayor Peterson & Kent Johnson
Mayor Peterson reported that with the support of Common Council, she had signed the
Mayor’s Kyoto Protocol Climate Protection Agreement earlier in 2005. She introduced
Mr. Kent Johnson, a graduate student who has been working with her on this issue. Mr.
December 7, 2005
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Johnson reported on the following actions that City of Ithaca has undertaken to promote
sustainability:
City Action Plan:
1. All Departments have been asked to decrease energy use by 20%.
2. The City has entered into a 5-year contract to supply 80% of City Hall’s electricity
with wind power.
3. Hybrid fueled, fleet vehicle purchases will start in 2006.
4. Traffic signal bulbs have been replaced with energy efficient LED’s.
5. City-owned buildings will be retrofitted with new windows, improved HVAC
systems, and automated lighting and climate controls.
6. Plug-load audits have been conducted in City facilities, and appropriate protocols
are being implemented.
Mr. Johnson further reported that according to survey data, 40% of City residents walk
to work, which is one of the highest percentages in the country. Future pedestrian
related initiatives are being discussed to promote this trend further.
Mr. Johnson stated that he has experienced great cooperation with the community and
city staff on this issue.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
William Meyer, City of Ithaca, requested Council support for the St. Patrick’s Four.
Joel Harlan, Town of Newfield, support of memorial statue for Diann Sams; support of
Cayuga Green Project
Larry Roberts, City of Ithaca, Chair of Disability Advisory Council, strongly supports the
proposed Exterior Property Maintenance Ordinance regarding snow and ice removal.
Gary Ferguson, Ithaca Downtown Partnership, spoke on behalf of the Commons
Advisory Board in support of the proposed Aggressive Panhandling Ordinance.
Steve Flash, Town of Ithaca, one of the owners of the Boat Yard Grill, urged support for
the issuance of the Inlet Island R.F.P.
Ray Schlather, City of Ithaca, spoke in opposition to the proposed Aggressive
Panhandling Ordinance and requested that it be sent back to committee for further
consideration.
Kyle Couchman, City of Ithaca, voiced concern regarding new provisions of snow and
ice removal in the proposed Exterior Property Maintenance Ordinance.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Korherr responded to comments made regarding changes to snow and ice
removal; i.e. properties without tree lawns that get plowed over by city crews. She
stated that implementation ideas from city staff will be shared at the December 14, 2005
Community Services Committee meeting.
Alderperson Zumoff responded to comments made regarding the Aggressive
Panhandling Ordinance.
Alderperson Coles responded to comments made regarding the St. Patrick’s Day Four
and Federal Government activities.
Alderperson Mackesey noted the importance of local laws and the U.S. Constitution and
spoke in opposition to the proposed Aggressive Panhandling Ordinance.
Alderperson Berry thanked the speakers for their comments. She stated that she would
support the proposed Aggressive Panhandling Ordinance being returned to committee
for further review.
December 7, 2005
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Alderperson Taylor responded to comments made about panhandling concerns. He
thanked Mr. Harlan for his dedication and enthusiasm at Council meetings.
Alderperson Tomlan commented on the removal of the PUD Ordinance from the
agenda. She further stated that it would not go to the Planning, Neighborhoods &
Economic Development Committee in December or to the Common Council meeting in
January.
Well-wishes to Outgoing Members of Common Council:
Alderperson Mackesey stated that she has appreciated the experience of being on
Common Council and wished her colleagues good luck in the coming year.
Alderperson Taylor stated that he hoped that the City would continue to empower
students with determination and preparedness for their future by providing opportunities
for them to interact with the City.
Alderperson Townsend stated that he has great respect for Alderperson Mackesey and
stated that he knows that she will do great work while serving on the County
Legislature. He further stated that Alderperson Whitmore has been a role model to him
and knows that he will do big things in the world. He remarked that Alderperson Taylor
could make the difficult look easy, and that he will miss him greatly. He wished Michael
good luck in the future.
Alderperson Korherr stated that she truly respects Alderperson Whitmore’s work ethic
and facilitation skills. She further stated that she wished Alderperson Taylor good luck.
She stated that it was pleasure to work with him, and that he was a good representative
for the student population.
Alderperson Cogan praised Alderperson Taylor for his work ethic, passion, and strong
intellect that he brought to the position of Alderperson. He noted that it has been an
interesting journey with Alderperson Whitmore who is a kindred spirit in his concern
about process and issues. He stated that he and David provided support for one
another, learned a lot together and that he has been very impressed by Alderperson
Whitmore’s eloquence.
Alderperson Tomlan stated that Council would be diminished by the three Council
members leaving and that they would be missed. She thanked Alderperson Whitmore
for reaching out and bringing her up to speed on issues, for his compassion for
members of the community, and his ability to focus on results and achievements. She
stated that Alderperson Taylor had infectious enthusiasm; a real commitment to the City
as a whole and its constituents, and she praised his work in revitalizing the Rental
Housing Advisory Commission.
Alderperson Zumoff thanked everyone and stated that it had been a pleasure working
with the departing Council members. He wished them good luck in their future
endeavors.
Mayor Peterson explained that she, and Alderpersons Whitmore and Cogan came on to
Council together during a very different administration. She thanked Alderperson Taylor
for his dedication to stay throughout his term, and wished both Alderpersons Whitmore
and Taylor good luck in the future.
Alderperson Whitmore thanked everyone for their comments, and stated that it had
been an incredible honor to serve the City of Ithaca. He further stated that it had been a
meaningful and powerful experience to serve on Common Council. He stated that the
City staff is amazing and that he was proud to represent the City of Ithaca. He also
stated that it had been a great experience working with Mayor Peterson and
Alderperson Cogan, and that it was an honor to serve with his ward mates –
Alderperson Sams and Berry who were lots of fun and took such great pride in their
work. He also thanked his partner, Sarah, for supporting him and believing in him.
Alderperson Taylor stated that he felt very lucky to experience this role at this stage in
his life. He thanked city staff and Council colleagues for their support and assistance.
He especially thanked Alderperson Townsend for his support throughout his term.
December 7, 2005
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CONSENT AGENDA ITEMS:
City Administration Committee:
Youth Bureau - Request for Amendment of 2005 Budget - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
WHEREAS, the One-to-One Big Brothers Big Sisters (BBBS) Program has had a
number of successful fundraising events this year and now projects that they will
exceed their goal for fundraising by $2,000.00 for 2005, and
WHEREAS, events have included Bowl for Kids Sake, IC Marathon, and Family
Carnival, and
WHEREAS, this funding will cover the cost of program supplies necessary to meet the
needs of weekend programming including our Saturday Program and our IthaKids of
Cornell program that provides free, fun and educational activities; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2005 Youth Bureau budget to
account for said funding as follows:
Increase Revenue:
A7310-2070-1206 BBBS $2,000
Increase expenses:
A7310-5460-1206 Program Supplies $2,000
Carried Unanimously
Youth Bureau - Request to Amend 2005 Cass Park Budget - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
WHEREAS, Cass Park has received a $2,000 Grant from the Social Services League
Board, and
WHEREAS, the funds will be used to support the Cass Park “Get Active, Get Fit
Program” by purchasing inline skates to be used by groups for skating in the rink and on
the Waterfront Trail; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2005 Authorized Youth Bureau
Budget, for Cass Park by $2,000 for the purpose of accepting the $2,000 Grant funds by
the Social Service League Board for purchase of inline skates, as follows:
Increase Revenue Account
A7310-2705-1511 Gifts and Donations $2,000
Increase Appropriation Account
A7310-5225-1511 Other Equipment $2,000
Carried Unanimously
Youth Bureau - Request to Amend Youth Bureau Budget for Community
Celebration Funds - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
WHEREAS, the Youth Bureau has received additional donations and fees from various
businesses for the Youth Bureau’s 2nd Annual Community Celebration, and
WHEREAS, the additional donations and fees will help cover the cost of the Community
Celebration; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2005 Youth Bureau Budget, for
the purpose of accounting for said donation and fee collection, as follows:
December 7, 2005
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Increase Revenue Account
A7310-2070-1200 Donations Administration $2,329
Increase Appropriation Account
A7310-5460-1200 Program Supplies Administration $2,329
Carried Unanimously
Department of Public Works - Water and Sewer – Request to Amend 2005
Authorized Water Fund Budget for State Grant - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
WHEREAS, the Water Department has received and has been involved in a multi-year
Grant since December 2003 from the New York Department of State for a Six Mile
Creek Riparian Buffers Restoration Program, and
WHEREAS, the grant will assist with the establishment of riparian buffers to protect
stream health along Six Mile Creek, and
WHEREAS, the 2005 Department of State amount of the grant is established at
$55,000 with an additional local share being derived from existing water funds; now,
therefore, be it
RESOLVED, That Common Council hereby amends the authorized 2005 Water Fund
Budget, for purposes of recording said Department of State Grant, as follows:
Increase Revenue Account:
F8321-3910 State Aid Conservation Programs $55,000
Increase Appropriation Account:
F8321-5435 Watershed Contracts $55,000
Carried Unanimously
Department of Public Works - Water and Sewer – Request to Amend 2005
Authorized Water Fund Budget for Federal USDA Grant - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
WHEREAS, the Water Department has received and has been involved in a multi-year
Grant since May 2003 from the United States Department of Agriculture (USDA) Forest
Service for a Six Mile Creek Riparian Buffers Restoration Program, and
WHEREAS, the grant will assist with the establishment of riparian buffers to protect
stream health along Six Mile Creek, and
WHEREAS, the 2005 USDA Forest Service amount of the grant is established at
$60,000 with an additional local share being derived from existing water funds; now,
therefore, be it
RESOLVED, That Common Council hereby amends the authorized 2005 Water Fund
Budget, for purposes of recording said Department of State Grant, as follows:
Increase Revenue Account:
F8321-4989 Federal Aid Other H&C $60,000
Increase Appropriation Account:
F8321-5435 Watershed Contracts $60,000
Carried Unanimously
December 7, 2005
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Transfer of Funds for Payment of Flu Shots - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
WHEREAS, Cayuga Medical Center at Ithaca (the Medical Center) has developed a
program of services in occupational health, educational consult, injury prevention, and
rehabilitation therapy aimed to improve quality of employee health and to improve
workplace safety, and
WHEREAS, the Medical Center has offered to provide Flu Shot Clinics in City facilities
to meet our occupational health needs at a rate of $18.50 per employee, and
WHEREAS, the Common Council has determined that assisting employees in obtaining
a flu shot, for the 2005 season, will be beneficial to employees and the work
environment, and
WHEREAS, the City has reserved 100 vaccinations from the Medical Center; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the payment of up to $18.50 for
City employees, not covered under another agreement, to receive or be reimbursed for
the shots received in the clinics available at City facilities or through another provider,
and be it further
RESOLVED, That the payment is contingent upon the signing of a Memorandum of
Understanding with the appropriate Collective Bargaining Units, and be it further
RESOLVED, Funds in the amount not to exceed $3,800 shall be transferred from
account A1990 Unrestricted Contingency to account A1430-5430 Human Resources
Fees to fund said vaccinations for 2005.
Carried Unanimously
Fire Department – Reinstatement of Hours – Financial Clerk - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
WHEREAS, an Ithaca Fire Department employee has lost time this year due to
extraordinary circumstances; and,
WHEREAS, at the request of said employee, this Council did adjust the employee's
hours from 40 hours per week to 30 hours per week, effective November 6, 2005; and,
WHEREAS, since that action, the employee has received sufficient transfers of sick
leave from other employees to cover the anticipated time off and because of the sick
leave transfer the employee will no longer need a leave of absence without pay; and,
WHEREAS, the employee now desires to increase the hours of the position back to a
full-time status; and,
WHEREAS, the funds for this position are appropriated to support a full time, 40 hour
per week, position, and these adjustments will be budget neutral; now, therefore be it
RESOLVED, The Common Council of the City of Ithaca hereby approves the change of
hours for the financial clerk position in the Ithaca Fire Department from part-time to full-
time, with a corresponding increase in hours from 30 hours to 40 hours per week (1.0
FTE); and, be it further
RESOLVED, This change shall be effective at the start of the next payroll period
following adoption; and, be it further
RESOLVED, The Common Council of the City of Ithaca authorizes the City Controller to
transfer funds on an ongoing basis as requested by the Fire Chief, to enable the Ithaca
Fire Department to hire temporary/contract workers or to pay for extra hours or overtime
to current employees as needed for this period; and, be it further
December 7, 2005
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RESOLVED, The combination payroll expense of the financial clerk position and any
temporary/contract workers hired shall not exceed the amounts appropriated for the full-
time financial clerk position.
Carried Unanimously
Finance/Controller - Request Authorization to Cover Red Accounts - Resolution
By Alderperson Cogan: Seconded by Alderperson Berry
RESOLVED, That the City Controller be empowered to make transfers within the 2005
Budget appropriations, as needed, for the remainder of the 2005 Fiscal Year.
Carried Unanimously
GOVERNANCE COMMITTEE:
An Ordinance to Amend Chapter 250 of the City of Ithaca Municipal Code Entitled
“Peace and Good Order” to include Aggressive Panhandling Prohibition
By Alderperson Zumoff: Seconded by Alderperson Townsend
ORDINANCE NO. 05-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Chapter 250 of the City of Ithaca Municipal Code Entitled “Peace and Good Order” is
hereby amended to add the following language:
§ 250-9. Aggressive panhandling.
(A) Findings: The Common Council finds that aggressive begging, panhandling, or
solicitation negatively affects the following significant governmental interests:
(1) Protection of citizens from physical threats or injury and from damage to
property;
(2) Prevention of harassment and intimidation of members of the public;
(3) Prevention of violent crime;
(4) Traffic control and public safety;
(5) Orderly movement of traffic and pedestrians; and
(6) Provision and maintenance of a safe, aesthetically attractive environment in
areas designed to attract commerce and/or tourist revenue.
The Common Council finds that aggressive begging; panhandling or solicitation is
extremely disturbing and disruptive to the public and contributes to a loss of access to
and enjoyment of a public place, and to an enhanced sense of fear, intimidation, and
disorder. This law is intended to promote these governmental interests and combat the
negative affects of aggressive begging, panhandling or solicitation. It is not intended to
limit any persons from exercising their constitutional right to solicit funds, picket, protest,
or engage in other constitutionally protected activity.
(B) Definitions: For the purpose of this section:
Aggressive Manner shall mean any of the following:
(1) Approaching or speaking to a person or following a person before, during or after
soliciting if that conduct is intended or is likely to cause a reasonable person to fear
bodily harm to oneself or to another or damage to or loss of property or otherwise be
intimidated into giving money or other thing of value;
(2) Continuing to solicit from a person or continuing to engage that person after the
person has given a negative response to such soliciting or after that person walks away
from the person soliciting;
(3) Intentionally or recklessly touching or causing physical contact with another person
or that person’s property without that person’s consent in the course of soliciting;
(4) Intentionally or recklessly blocking or interfering with the safe or free passage of a
pedestrian or vehicle by any means, including unreasonably causing a pedestrian or
vehicle operator to take evasive action to avoid physical contact;
December 7, 2005
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(5) Using violent, obscene or threatening gestures toward a person solicited;
(6) Following the person being solicited, with the intent of asking that person for money
or other things of value;
(7) Speaking in a volume unreasonably loud under the circumstances;
(8) Soliciting from anyone who is waiting in line.
Soliciting shall mean asking for money or objects of value in a public place, with the
intention that the money or object be transferred at that time, and at that place.
Soliciting shall include using the spoken, written or printed word, bodily gestures, signs
or other means with the purpose of obtaining an immediate donation of money or other
thing of value or soliciting the sale of goods or services. However, this ordinance is not
intended to proscribe any demand for payment for services rendered or goods
delivered. Nor is this ordinance or the definition of solicitation intended to include or
proscribe fixed advertising attached to an existing premises. Nor is it intended to
include or proscribe signs or written material allowed under any other applicable City
ordinance, regulation, license or permit.
Public Place shall mean a place to which a governmental entity has title or to which the
public or a substantial group of persons has access, including but not limited to any
street, highway, parking lot, plaza, transportation structure, facility or vehicle, school,
place of amusement, park, playground or sidewalk or to the doorways and entrances to
buildings or dwellings, or grounds enclosing them thereupon.
(C) Prohibited acts.
(1) No person shall solicit in an aggressive manner in any public place.
(2) No person shall solicit while under the influence of alcohol or a controlled substance.
(3) No person shall solicit by fraud or misrepresentation.
(4) No person shall solicit in any public transportation vehicle.
(D) Penalties.
Any violation of the provisions of this law constitutes a civil offense punishable in
accordance with Section 1.1 of the City of Ithaca Municipal Code.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
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 proposed ordinance and the concerns
expressed by Mr. Schlather.
Motion to Refer Back to Committee:
By Alderperson Mackesey: Seconded by Alderperson Townsend
RESOLVED, That the proposed Ordinance to Amend Chapter 250 of the City of Ithaca
Municipal Code Entitled “Peace and Good Order” to include Aggressive Panhandling
Prohibition be referred back to committee for further review and discussion.
Ayes (8) Coles, Mackesey, Berry, Tomlan, Taylor, Townsend, Cogan,
Korherr
Nays (2) Whitmore, Zumoff
Abstentions (0)
Carried
December 7, 2005
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An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code Entitled
“Exterior Property Maintenance” to Remove the Criminal Penalties
By Alderperson Mackesey: Seconded by Alderperson Coles
ORDINANCE NO. 05-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Section 178-10 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§ 178-10. Enforcement.
Violations of this chapter and of § 325-29.3, Dumpsters, shall be punishable as
follows:
[A. Criminal penalties.
(1) Any property owner and/or agent who violates any provision of this chapter or of
§ 325-29.3, except those provisions specified in Subsection A (2) below, shall be guilty
of an offense and upon conviction, shall be punished by a fine of $50 for a first offense
at a property within a twelve-month period, $200 for a second offense at the same
property within a twelve-month period, and $300 for a third or subsequent offense at the
same property within a twelve-month period.
(2) Any property owner and/or agent who violates any provision of § 178-3E, G, I or
J, or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or
obstruction of views, shall be guilty of an offense and, upon conviction, shall be
punished by a fine of $40.00 for a first offense at a property within a twelve-month
period, $60 for a second offense at the same property within a twelve-month period, and
$100 for a third or subsequent offense at the same property within a twelve-month
period.
(3) Each violation of this chapter or of § 325-29.3, and each day during which a
violation continues, shall be deemed to be a separate offense.
(4) Violation of any provision of this chapter or of § 325-29.3 shall be a violation as
defined by § 55.10(3) of the New York Penal Law.]
B.A. Civil penalties.
(1) Any property owner and/or agent who violates any provision of this chapter or of
§ 325-29.3, except those provisions specified in Subsection A (2) below, shall be liable
for a civil penalty of $50 for the first violation at a property within a twelve-month period,
$200 for a second violation at the same property within a twelve-month period, and
$300 for a third or subsequent violation at the same property within a twelve-month
period.
(2) Any property owner and/or agent who violates any provision of § 178-3E, G, I or
J, or any of the provisions in § 178-3F regarding grass, weeds, brush, plantings, or
obstruction of views, shall be liable for a civil penalty of $40 for the first violation at a
property within a twelve-month period, $60 for a second violation at the same property
within a twelve-month period, and $100 for a third or subsequent violation at the same
property within a twelve month period.
(3) Each violation of this chapter or of § 325-29.3, and each day during which a
violation continues, shall be deemed to be a separate violation.
(4) The City Attorney or his or her designee may commence an action or special
proceeding against the violator in a court of competent jurisdiction to collect these
penalties, together with costs, disbursements and recoverable attorneys' fees, and/or to
compel compliance with or restrain by injunction any such violation.
(5) When the City Attorney obtains a judgment in an action or proceeding under this
section either against the property owner or agent, or both, in addition to the appropriate
methods for enforcement of judgments established in the Civil Practice Law and Rules,
such judgment for penalties may constitute a lien, be a lien on the subject property and
on the rents therefrom, or may be collected in the manner of any other civil judgment.
December 7, 2005
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C.B. Appearance tickets and appeals. Notwithstanding any contrary Code provision,
appearance tickets may be issued by the Building Commissioner and/or
Commissioner's designee(s) charging violations of this chapter or of § 325-29.3
whenever there is probable cause to believe that said violations have occurred. Any
rights to administrative appeals to any board or commission of the City of Ithaca
mentioned elsewhere in this Code shall not apply as a condition precedent to issuing an
appearance ticket charging a violation of this chapter or of § 325-29.3. Any right to an
administrative appeal from a decision or determination of the Building Commissioner or
other City official with regard to the above Code chapter and section shall apply only in
cases in which the City intends to correct the violation and seek to charge the property
owner or agent for the costs of correction.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
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 Unanimously
PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT COMMITTEE:
Green Garage Land Acquisition – Resolution
By Alderperson Tomlan: Seconded by Alderperson Whitmore
WHEREAS, the City of Ithaca Common Council (the “City” or “Common Council”) duly
convened at a regular meeting held at 108 East Green Street, in the City of Ithaca, New
York on December 7, 2005, at 7:00 p.m., and
WHEREAS, the City is authorized and empowered by Article 2 of the Eminent Domain
Procedure Law (“EDPL”) of the State of New York to acquire real property interests by
eminent domain, and
WHEREAS, on October 6, 2005, the Common Council passed a Resolution authorizing a
total of $11,397,000.00 for Capital Project #469 to demolish and reconstruct portions of the
Green Garage (“October 6, 2005 Resolution”), and
WHEREAS, the City’s planned reconstruction of the Green Garage includes the
acquisition of the property owned by I. Stanley Goldberg located below the central and
western sections of the Green Garage at 116-28 East Green Street, Ithaca, New York,
Tax Parcel #70.-4-5.2, (“Property”) pursuant to the EDPL, and
WHEREAS, the preferred means to acquire the property is through voluntary purchase of
the Property by Deed in Lieu of Condemnation to be executed through a Purchase and
Sale Agreement, and
WHEREAS, pursuant to the provisions of EDPL Article 3, the City hereby offers to
purchase the Property from Mr. Goldberg in lieu of condemnation to be used for the
expansion and reconstruction of the City’s Green Garage for the sum of Eight Hundred
and Fifty Thousand Dollars and 00/100 ($850,000.00), and
WHEREAS, the Eight Hundred and Fifty Thousand Dollars and 00/100 ($850,000.00)
purchase offer is based on the December 1, 2002, Restricted Use Appraisal of the
Property prepared by David C. Schwaner, MAI, CRE of Midland Appraisal Associates,
Inc., and
WHEREAS, if Mr. Goldberg accepts this offer, it shall be deemed partial payment, and
Mr. Goldberg retains the right to bring an action for additional compensation in
accordance with the provisions of EDPL Section 503(B), and
WHEREAS, if Mr. Goldberg does not file a claim for additional compensation in
accordance with EDPL Section 503(B), this payment will be considered payment in full
for the acquisition of the Property, and
December 7, 2005
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WHEREAS, if Mr. Goldberg accepts this offer as full or advance payment, Mr. Goldberg
or his counsel must notify both Mark R. McNamara, Esq. at 1100 M&T Center, Three
Fountain Plaza, Buffalo, New York, and H. Matthys Van Cort, Director of Planning &
Development for the City at 108 East Green Street, Ithaca, NY in writing within seven
(7) days of the date of this offer; now, therefore, be it
RESOLVED, That the City hereby agrees to enter into a contract with Mr. Goldberg to
purchase the Property by Deed in Lieu of Condemnation to be executed through the
Purchase and Sale Agreement attached hereto as Exhibit A, and be it further
RESOLVED, That pursuant to the terms of this Resolution and the Purchase and Sale
Agreement attached hereto as Exhibit A, the City authorizes the payment of Eight
Hundred and Fifty Thousand Dollars and 00/100 ($850,000.00) to the Property owner,
Mr. Goldberg, and be it further
RESOLVED, That all moneys to be paid under this Purchase and Sale Agreement shall
be derived as authorized by the City’s October 6, 2005 Resolution, and be it further
RESOLVED, That the Mayor of the City of Ithaca shall be authorized to execute and
deliver said Purchase and Sale Agreement consistent with this Resolution, and be it
further
RESOLVED, That the Mayor of the City of Ithaca shall be authorized to approve non-
substantive modifications to the purchase offer, including extending the time period for
acceptance of the purchase offer, and be it further
RESOLVED, That should Mr. Goldberg fail to accept or reject this purchase offer, the
Council hereby authorizes the Mayor to schedule a public hearing, in accordance with
EDPL Article 2, to consider acquisition of the parcel through condemnation.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Alderperson Coles AYE
Alderperson Mackesey NAY
Alderperson Berry NAY
Alderperson Whitmore AYE
Alderperson Zumoff AYE
Alderperson Tomlan AYE
Alderperson Taylor AYE
Alderperson Townsend AYE
Alderperson Cogan AYE
Alderperson Korherr NAY
Carried 7-3
Inlet Island Request for Proposals (RFP) – Resolution
By Alderperson Tomlan: Seconded by Alderperson Taylor
WHEREAS, the City of Ithaca desires to revitalize Inlet Island by developing an
attractive, pedestrian-scale, urban waterfront mixed-use neighborhood, featuring
waterfront-enhanced private sector uses linked by a public waterfront promenade, which
is more fully described in the Inlet Island Urban Design Plan adopted by the Common
Council in November of 1998, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) and the City of Ithaca own or
have secured site control of approximately 2.9 acres of land on Inlet Island ( Tax
Parcels #52.-1-1.1, #52.-1-1.2, #52.-1-1.3, #43.-1-4 and #43.-1-5), north of the Route
89 Bridge, considered to be prime development property on the waterfront, and
WHEREAS, the Department of Planning and Development has prepared a Request for
Proposals (RFP) to be issued to development companies that may be interested in
developing this 2.9-acre site on Inlet Island; now, therefore, be it
December 7, 2005
12
RESOLVED, That the Common Council of the City of Ithaca does hereby authorize
issuance of the Inlet Island Waterfront Development Site Request for Proposals, dated
December 2005, and be it further
RESOLVED, That the Common Council of the City of Ithaca does hereby authorize
Mayor Carolyn Peterson to appoint a selection committee to review the responses to
the RFP, and to make a recommendation for a preferred developer to the IURA and the
Common Council.
Carried Unanimously
An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled
“Zoning” to Change the Zoning Designation of Certain Parcels from CBD-140 to
CBD-100 and to CBD-85
A. Declaration of Lead Agency for Environmental Review - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the adoption of the zoning amendment
changing the zoning designation of Tax Parcels #61.-5-11, #61.-5-9, #61.-5-10, #61.-5-
8, #70.-3-1, #70.-2-10, #70.-2-9, #70.-2-5, and portions of Tax Parcels #61.-5-6 and
#61.-4-5 from CBD-140 to CBD-100, and changing the zoning designation of Tax
Parcels #70.-2-11 and #70.-3-16 from CBD-140 to CBD-85.
Carried Unanimously
Determination of Environmental Significance - Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, the City of Ithaca is considering a proposal to amend the CBD-140 zoning
district to change the zoning designation of the entire district to CBD-100, with the
exception of Tax Parcels #70.-2-11 and #70.-3-16, which would be changed to CBD-85,
and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (FEAF), and
WHEREAS, this zoning amendment has been reviewed by the Tompkins County
Planning Department Pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, and be it further
December 7, 2005
13
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
An Ordinance to Amend the Official Zoning Map
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the City of Ithaca is considering a proposal to amend the CBD-140 zoning
district to change the zoning designation of the entire district to CBD-100, with the
exception of Tax Parcels #70.-2-11 and #70.-3-16, which would be changed to CBD-85,
and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Form (FEAF) and has been reviewed
by the County Planning Department, the City of Ithaca Conservation Advisory Council,
and the City of Ithaca Planning and Development Board, and
WHEREAS, the required public hearing for this action was held on November 16, 2005,
and
WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on
December 7, 2005, determined that the proposed action will not have a significant effect
on the environment, and that further environmental review is unnecessary; now,
therefore,
ORDINANCE 05-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
The Official Zoning Map of the City of Ithaca is hereby amended to change the zoning
designation of Tax Parcels #61.-5-11, #61.-5-9, #61.-5-10, #61.-5-8, #70.-3-1, #70.-2-
10, #70.-2-9, #70.-2-5, and portions of Tax Parcels #61.-5-6 and #61.-4-5 from
CBD-140 to CBD-100, and to change the zoning designation of Tax Parcels #70.-2-11
and #70.-3-16 from CBD-140 to CBD-85.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
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 Tomlan stated that rezoning parcels in the CBD-140 zone to either CBD-
100 or CBD-85 would affect property in the immediate vicinity of Tioga and Seneca
Streets. She stated that density should be respectful of the fact Ithaca is a small city,
and that she believes that density can be achieved without compromising the character
of various areas of the city.
A vote on the Ordinance resulted as follows:
Carried Unanimously
December 7, 2005
14
An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled
“Zoning” to Change the Zoning Designation of Tax Parcels #69.-5-1 through #69.-
5-10 on lower Hudson Street from R-3b to R-2a
A. Declaration of Lead Agency for Environmental Review - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of the zoning amendment to
change the zoning designation of an R-3b District located along lower Hudson Street to
R-2a.
Carried Unanimously
Determination of Environmental Significance - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the City of Ithaca is considering a proposal amend an R-3b District located
along lower Hudson Street from R-3b to R-2a, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), and
WHEREAS, this zoning amendment has been reviewed by the Tompkins County
Planning Department Pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
An Ordinance to Amend the Official Zoning Map
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the City of Ithaca is considering a proposal to Change the Zoning
Designation of Tax Parcels #69.-5-1 through #69.-5-10 on lower Hudson Street from R-
3b to R-2a, and
December 7, 2005
15
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Short Environmental Assessment Form (SEAF) and has been
reviewed by the County Planning Department, the City of Ithaca Conservation Advisory
Council, and the City of Ithaca Planning and Development Board, and
WHEREAS, the required public hearing for this action was held on November 16, 2005,
and
WHEREAS, the City of Ithaca Common Council, as lead agency in this matter, has on
December 7, 2005, determined that the proposed action will not have a significant effect
on the environment, and that further environmental review is unnecessary; now,
therefore,
ORDINANCE 05-23
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
The Official Zoning Map of the City of Ithaca is hereby amended to change the zoning
designation of Tax Parcels #69.-5-1 through #69.-5-10, located along lower Hudson
Street, from R-3b to R-2a.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
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 Mackesey thanked Alderperson Tomlan for bringing this issue forward as it
has been of concern to South Hill residents.
A vote on the Ordinance resulted as follows:
Carried Unanimously
An Ordinance To Amend Chapter 325 of the City of Ithaca Municipal Code Entitled
“Zoning” To Establish Planned Unit Development (Pud) District Regulations
(Proposal to make Planned Unit Development available for limited use within
certain zones of City)
This item was withdrawn from the agenda.
Appointment of a Client Committee to Formulate a Vision for Collegetown –
Resolution
By Alderperson Tomlan: Seconded by Alderperson Zumoff
WHEREAS, Collegetown may be defined as the area centered on the intersections of
Dryden Road with Eddy Street and with College Avenue, approximately bounded by
properties on Stewart Avenue on the west, on Linden Avenue on the east, on East State
Street on the south, and by Cascadilla Creek Gorge on the north, and coincident with
the Collegetown Parking Overlay Zone, and
WHEREAS, Collegetown is the most densely populated neighborhood in the city, and is
adjacent to the Cornell University campus, which serves approximately 19,000 students
and 9,500 faculty and staff, and
WHEREAS, in spite of its population density and intensity of use Collegetown has not
had a coordinated planning, zoning and public works initiative since the development of
the mid-1980s, and
WHEREAS, Collegetown has attracted substantial real estate investment and has
remaining sites capable of development, and
December 7, 2005
16
WHEREAS, the high density of the residential population, particularly the large number
of residents with vehicles, presents traffic and parking challenges and creates
opportunities for the enhancement of pedestrian and public transit modes of transport,
and
WHEREAS, coordination between city planning, public works and private development
may offer opportunities to strengthen the quality of life in Collegetown and in adjacent
residential neighborhoods, and
WHEREAS, coordination between city planning, public works and private development
may make the area more attractive to visitors for whom the Collegetown area is the
primary destination; now, therefore, be it
RESOLVED, That the Mayor, with the advice and approval of the Common Council, will
appoint a Client Committee charged with formulating a vision for Collegetown
development that will reflect the interests and concerns of that community and the city
as a whole, and with recommending steps to reach that vision.
Alderperson Taylor stated that he was thrilled to be able to vote on this item because it
will bring a lot of opportunities to Collegetown.
Discussion followed on the floor regarding the number of cars and on-street parking in
the area.
A vote on the Resolution resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
An Ordinance to Amend Chapter 146 of the City of Ithaca Municipal Code entitled
“Building Construction”, Article II, §146-6 entitled “Fire Limits; construction
requiring conformance to Building Code,” §146-7 entitled “Building Permits” and
Article VII, §146-50 entitled “Penalties for offenses” be amended as follows:
By Alderperson Berry: Seconded by Alderperson Coles
Ordinance 05-24
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The current §146-6 of Article II entitled “Administration and Enforcement”
of Chapter 146 “Building Construction” shall be deleted and section 146-6 shall be
reserved for future use:
ARTICLE II, Administration and Enforcement
§ 146.6 Fire limits; construction requiring conformance to Building Code.
Reserved
A. The fire limits of the city are established in Chapter 181, Fire Prevention, §181-3,
of this Code.
B. All buildings henceforth constructed in the fire limits shall conform to the
requirement of the Building Code. Existing nonconforming buildings that are
physically destroyed by 50% or more shall be required to conform to the code or
shall be demolished. Action to conform or demolish shall be undertaken within six
months of the date of damage.
C. If alterations, additions or repairs to a building involving an area equal to 50% or
more of the first-floor area, not including porches, shall be undertaken, the entire
building shall be made to conform to the Building Code.
December 7, 2005
17
Section 2. Section 146-7C(2)(a) “Permit fees” shall be amended as follows:
§ 146-7. Building permits.
C. Application for permit.
(1) Every application for a permit shall be in writing on an approved form and
shall be signed by the owner or the owner's authorized agent. In his/her
discretion, the Building Commissioner may require sealed plans from an architect
or engineer registered to practice in the State of New York for structural or other
work, even though the cost of the work may be below the minimum requirement
of the State Education Law, and may also require a property survey of the lot or
lots concerned in any proposed building operation.
(2) Permit fees.
(a) Permit fees shall be paid before permit review can commence
according to the following schedule:
Permit Type Fee
Building permit, where the total
valuation of the work is:
$5,000 or less $30 $35
Above $5,001 $6 $7 for each
$1,000 or fraction
thereof
Provided, however, that:
[1] The above fee shall be reduced by 1/2 if the subject property has
an exemption pursuant to Article I of Chapter 300 of this Municipal Code
(Senior Citizens Exemption).
[[2]The above fee shall be waived if the permit is for a construction project
consisting solely of the installation, repair or modification of a fire
protection system or device, such as smoke/heat detectors or systems,
sprinkler systems or other fire suppression systems.
[3]The above fee shall be waived if the permit is for a maintenance or
repair project that is a correction required because of a citation of a
Building Department Inspector as a result of a housing inspection and the
total valuation of the work is less than $2,000.]
[4] [2] The above fee shall be doubled where work has been started
before the contractor/owner has obtained a building permit. All work shall
be stopped until such time as the contractor/owner has obtained the
necessary building permit.
[5] [3] Other inspections and fees related to building construction:
Permit Type Fee
Requested inspections outside $45 per hour
normal business hours (minimum $60 per hour
charge, 2 hours in addition to
the permit fee)
Plan review for projects exceeding 50% of permit fee
$5,000 (where no permit is schedule (amount to
requested) be applied to
permit fee)
December 7, 2005
18
Additional plan review required by $35 per hour
changes, additions or revisions to [see § 146-7C(3)]
approved plans
Building permit renewal $30 $35 or 10% of the
Can only be renewed once. Original permit, whichever
is larger.
Certificates of occupancy $35 per hour for
each hour of inspection,
review or analysis
Temporary certificates of occupancy
First six months $100 for building
projects less than
$48,000; for building
projects $48,000 or
more, 35% of the
ultimate building
permit fee of $6 $7/
$1,000 of actual
construction cost or
$2,500, whichever is
less.
After six months; $100 for building
one renewal for a projects less than
period not to exceed $48,000; for building
the expiration date of the projects $48,000 or
extension of the original more, 35% of the
permit ultimate building
permit fee of $6/$7
$1,000 of actual
construction cost
Plan review and consultation for proposed $35/hour
projects and/or projects in which a
building permit is not ready to be
applied for
(b) In the event that an application for a building permit is not
approved, the applicant shall be entitled to a refund of 50% of the fee paid,
provided that no work has commenced. If construction work has been started
and the application is not approved, no part of the fee paid shall be refunded.
(3) Any amendment to the application or the plans or specifications upon
which the building permit has been issued must be filed and an amended
building permit obtained prior to the commencement of any work which is either
inconsistent with or in addition to the application or the plans or specifications
upon which the building permit has been issued. If there is an increase in the
value of the project as a result of the amendment, an additional fee shall be paid
for that increase, based on the fee schedule above. If there is no increase in the
value of the project as a result of the amendment, but additional plan review time
is incurred, an additional fee of $35 per hour shall be paid for the additional plan
review time.
(4) During the period of time that the work is going on for which the building
permit is issued, said permit shall be displayed on the property in such a location
that it is readily visible from the nearest street.
Section 3. Section 146-7(L) entitled “Appeals” shall be deleted, and sub-section 146-
7(M) shall be re-lettered appropriately.
December 7, 2005
19
L. Appeals.
(1) Any person aggrieved by the granting of a building permit under this
chapter may appeal such determination to the Building Code Board of Zoning
Appeals or such other board or agency as has jurisdiction over the subject matter
of the appeal by filing a written statement of the reasons why such person
believes that the granting of such permit was improper with the Secretary or
Clerk of such Board or with the Building Commissioner.
(2) Time limit to appeal. If the person holding such permit has complied with
the notice and certification requirements set forth in Subsection L(13) below,
such appeal must be commenced within 30 days of the filing of the certification
required by that subsection.
(3) Certification of notice. Any person who obtains a building permit may limit
the time to appeal the granting of such permit to 30 days by causing a written
notice of building permit in a form substantially equivalent to that set forth in
Subsection L(4) below, to be posted in a conspicuous place on the property and
to be served upon all property owners within 200 feet of the subject property
either personally or by ordinary mail and by filing a certification of the same with
the Building Commissioner.
(4) Notice of building permit. The notice referred to in Subsection L(3) above
shall be in writing and shall contain the following language:
NOTICE: Building Permit No. ..... has been granted by the City of Ithaca Building
Department for the property located at .................... . The permit has been issued
for (describe project). A copy of said permit is on file in the City of Ithaca Building
Department and may be viewed during ordinary business hours.
Any person aggrieved by the granting of such building permit may appeal to the
Building Code Board of Zoning Appeals or such other board or agency as has
jurisdiction over the appeal by filing a written statement of the reasons why such
person believes that the granting of such permit was improper with the Secretary
or Clerk of such Board or with the Building Commissioner. This appeal must be
filed within 30 days after this notice was given, as provided in Subsections L(3)
and L(4).
M. L. Inspections.
(1) All persons who hold a building permit under this chapter shall make the
premises available for inspection upon reasonable notice from the Building Department
during ordinary business hours.
(2) As a condition of the granting of any building permit herein, the Building
Commissioner may, in his/her discretion, provide for a schedule of mandatory
inspections of any project at such times during the course of construction as will permit
the observation of the foundation, structural elements, electrical systems, plumbing
systems, heating, ventilation and air-conditioning systems, fire protection and detection
systems and exit features.
(3) Failure to make the premises available for the inspections set forth above shall
constitute good and sufficient grounds for the revocation of any building permit granted
under this chapter.
Section 4. Section 146-50 shall be amended as follows:
Article VII “Penalties”
§ 146-50. Penalties for offenses.
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation to construct, alter,
repair, move, equip, use or occupy any building or structure or portion thereof in
violation of any provision of law or ordinance as well as any regulation or rule
promulgated by the Building Commissioner in accordance with applicable laws, or to fail
in any manner to comply with a notice, directive or order of the Building Commissioner
December 7, 2005
20
or to construct, alter, use or occupy any building or structure or part thereof in a manner
not permitted by an approved building permit or certificate of occupancy.
B. Any person who shall fail to comply with a written order of the Building
Commissioner within the time fixed for compliance therewith and any owner, builder,
architect, tenant, contractor, subcontractor, construction superintendent or their agents
or any other person taking part or assisting in the construction or use of any building or
any property who shall knowingly violate any of the applicable provisions of law or any
lawful order, notice, directive, permit or certificate of the Building Commissioner made
thereunder shall be punishable by fine of not more less than $250 nor more than $500.
Each day that a violation continues shall be deemed a separate offense.
C. Except as provided otherwise by law, such violation shall not be a crime,
and the penalty or punishment imposed therefore shall not be deemed for any purpose
a penal or criminal penalty or punishment and shall not impose any disability upon or
affect or impair the credibility as a witness, or otherwise, of any person found guilty of
such offense.
Section 5. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 6. 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
DPW - Request to Amend Authorization for Capital Project #428 – Thurston
Avenue Bridge over Fall Creek Rehabilitation Project - Resolution
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, a rehabilitation project for the Thurston Avenue Bridge over Fall Creek,
P.I.N. 375322 (“the Project”), is eligible for funding under Title 23 U.S. Code as
administered by the Federal Highway Administration (“FHWA”), as amended, that calls
for the apportionment of the costs such program to be borne at the ratio of 80% Federal
funds and approximately 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Scoping, Design (Phases I-VI),
Construction, and Construction Inspection, and
WHEREAS, the City received bids for this project on November 9, 2005, and the low bid
of $8,278,080 exceeded the project’s estimated construction cost of $6,604,611, now,
therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 428 “Thurston
Avenue Bridge over Fall Creek” by an additional amount of $ 2,180,000, for a total of $
10,380,000, and be it further
RESOLVED, That Common Council hereby authorizes the City of Ithaca to pay in the
first instance 100% of the federal and non-federal share of the cost of Scoping, Design
(Phases I-VI), Construction, and Construction Inspection for the Project or portions
thereof, and be it further
RESOLVED, That the Common Council hereby authorizes the sum of $ 10,380,000 be
derived from the issuance of serial bonds with the reimbursement from federal and state
funds to cover the cost of participation in the above phase of the Project; and be it
further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof, and be it further
December 7, 2005
21
RESOLVED, That Common Council hereby authorizes the Mayor of the City of Ithaca of
the County of Tompkins to sign all necessary Agreements with NYSDOT to secure
Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of
Public Works be authorized to sign all necessary construction documents, contracts,
certifications and reimbursement requests, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the City of Ithaca will be approximately five percent (5.0%) of the final approved
project cost, currently estimated at $ 519,000 of the $ 10,380,000 authorized for this
project, in monies and in-kind services, as managed by the Superintendent of Public
Works and monitored by the City of Ithaca Controller.
Carried Unanimously
A Local Law to Amend Section 146-24 of the City of Ithaca Municipal Code
Entitled “Plumbing Inspector”
By Alderperson Berry: Seconded by Alderperson Coles
LOCAL LAW NO. 7- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Section 146-24A(5) of the City of Ithaca Municipal Code is hereby amended
as follows:
§ 146-24. Plumbing Inspector.
A. Qualifications. The position of Plumbing Inspector is hereby continued.
The Plumbing Inspector shall:
(1) Be appointed by the Board of Public Works, to act under the supervision
of the Superintendent Public Works, subject to related terms of employment.
(2) Be a practical plumber.
(3) Not be engaged, either directly or indirectly, in the business of plumbing
during his/her term of office.
(4) First obtain a certificate of competency from the Examining Board of
Plumbers.
(5) Be a citizen and actual resident of the City of Ithaca unless waived by the
Board of Public Works by a majority of its members, upon conferral with the
Director of Human Resources and if so waived be a citizen and actual resident of
Tompkins County or an abutting or adjacent county.
Section 2: Effective Date
This Local Law shall become effective upon filing in the Office of the Secretary of State.
Carried Unanimously
Water and Sewer – Request Extension of Service Contract for Consulting
Services - Resolution
By Alderperson Berry: Seconded by Alderperson Korherr
WHEREAS, Common Council approved at a regular meeting January 5, 2005, an
extension of an on-site AutoCAD training service contract at Water and Sewer and other
City departments for Michael Ocello for the year 2005, and
WHEREAS, the Water and Sewer Division requests an extension of that contract to
April 15, 2006 at a $23.92 hourly rate, and
WHEREAS, the Water and Sewer Division has the specialized need for project
plan/drawing preparation for several Water and Sewer Capital Projects and updating
Water and Sewer Plumbing Regulations to reflect current materials, methods and
practices; now, therefore, be it
December 7, 2005
22
RESOLVED, That Common Council hereby authorizes the Assistant Superintendent of
Public Works for Water and Sewer to extend the independent contract for said services
with Michael Ocello for the period from January 1, 2006 to April 15, 2006, to be
reimbursed at the rate of $23.92 per hour, for a total contract extension not to exceed
$3,646, and be it further
RESOLVED, That the funds for said contract shall be derived from Water and Sewer
operating accounts and Capital Project #509 or #606, and be it further
RESOLVED, That the Superintendent of Public Works will engage in discussions with
the Human Resources Department to determine the on-going relationship of this
contractor with the City of Ithaca beyond the April 15, 2006 date.
Carried Unanimously
Extension of Agreement with National Development Council Regarding
Community and Economic Development Advisement Services - Resolution
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, the City has determined that it desires a continuation of the professional
services of the National Development Council to work with the City to develop and
assist in the implementation of the City’s Community and Economic Development
Programs; and
WHEREAS, the National Development Council has in the past submitted a proposal to
carry out the required services, and
WHEREAS, the National Development Council has been providing such services for the
past three years to the City, to the satisfaction of the City, and
WHEREAS, the National Development Council has agreed to continue to perform the
services set forth hereunder; and
WHEREAS, the compensation to be paid to the Contractor is comparable to
compensation normally paid for such services within the State of New York; and
WHEREAS, the funds required to honor this contract will be derived from CP #443,
Planning Feasibility Study Economic Development using a portion of the remaining
funds from the Cayuga Garage Project transportation program; now, therefore, be it
RESOLVED, That Common Council hereby authorizes that the City of Ithaca and the
National Development Council enter into an Agreement for Services for the period from
January 1, 2006 through December 31, 2006 for a fee for services not to exceed
$60,000 for the term of the contract, and, be it further
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby authorized
and directed to execute the Agreement between the City of Ithaca and the National
Development Council, and, be it further
RESOLVED, That funds necessary for the National Development Council contract shall
be derived from said Capital Project.
Carried Unanimously
A Local Law to Amend Section 107-1 of the City of Ithaca Municipal Code
Regarding the Salary of the Mayor of the City of Ithaca.
By Alderperson Berry: Seconded by Alderperson Cogan
LOCAL LAW NO. 8-2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 107-1 of the City of Ithaca Municipal Code is hereby amended as follows:
§107-1 Salary established.
[Commencing January 1, 1994, t] The annual salary of the Mayor shall be
the sum of [$38,000] $50,000.
December 7, 2005
23
Section 2. Effective and Operative Date.
This Local Law shall become operative January 1, 2006 and shall take effect upon its
filing in the office of the Secretary of State.
Carried Unanimously
A Local Law to Amend Section 107-2 of the Ithaca Municipal Code Regarding the
Salary of the Common Council Members of the City of Ithaca.
By Alderperson Berry: Seconded by Alderperson Cogan
LOCAL LAW NO. 9- 2005
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Section 107-2 of the City of Ithaca Municipal Code is hereby amended as follows:
§107-2 Salary established.
[Commencing January 1, 1994, t] The annual salary of the Council
members shall be the sum of [$6,500] $9,000. [Commencing January 1,
1996, the annual salary of the Council members shall be the sum of
$7,000.]
Section 2. Effective and Operative Date.
This Local Law shall become operative January 1, 2006 and shall take
effect upon its filing in the office of the Secretary of State
Carried Unanimously
Finance/Controller - Bond Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
BOND RESOLUTION DATED DECEMBER 7, 2005.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $21,065,688 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY
THE COST OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; NOW,
THEREFORE, BE IT
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York,
as follows:
Section 1. For the specific objects or purposes or classes of objects or purposes of paying
the costs of the following capital improvements in and for the City of Ithaca, Tompkins
County, New York, there are hereby authorized to be issued $21,065,688 serial bonds of
said City pursuant to the provisions of the Local Finance Law, apportioned among objects
or purposes in accordance with the maximum estimated cost of each. Such objects or
purposes are as follows:
a) The resurfacing of a portion of Elmira Road within the limits of and for the City of
Ithaca, including incidental expenses in connection therewith, at a maximum
estimated cost of $554,000. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law;
b) The reconstruction of the Dryden Road Parking Garage, in and for the City of
Ithaca, including the stairwells, drains, concrete deck and deck membrane and
doors and incidental expenses in connection therewith, at a maximum estimated
cost of $460,000. It is hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is twenty years, pursuant to subdivision
12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law;
December 7, 2005
24
c) The purchase and installation of computer hardware and software for security
purposes for the City computer network, in and for the City of Ithaca, including
incidental expenses in connection therewith, at a maximum estimated cost of
$65,000. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is five years, pursuant to subdivision 32 of
paragraph a of Section 11.00 of the Local Finance Law;
d) The reconstruction of various City streets located throughout and in and for the City
of Ithaca, including incidental expenses in connection therewith, at a maximum
estimated cost of $225,000. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law;
e) The construction of improvements at Cass Park, in and for the City of Ithaca,
including the ventilation system in rink showers and a new roof at the pool filter
building and incidental expenses in connection therewith, at a maximum estimated
cost of $37,000. It is hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is fifteen years pursuant to subdivision
19(c) of paragraph a of Section 11.00 of the Local Finance Law;
f) The partial reconstruction of the Police Building, in and for the City of Ithaca,
including a new roof, doors, windows and stairs and incidental expenses in
connection therewith, at a maximum estimated cost of $38,000. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law;
g) The purchase and installation of a new emergency generator at the Police Building,
in and for the City of Ithaca, at a maximum estimated cost of $138,000, including
incidental expenses in connection therewith. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or purpose is five years,
pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance
Law;
h) The reconstruction of existing and the construction of new sidewalks at various
locations throughout and in and for the City of Ithaca, at a maximum estimated cost
of $200,000, including incidental expenses in connection therewith. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of
the Local Finance Law;
i) The purchase of equipment for construction and maintenance purposes for use by
various Departments, in and for the City of Ithaca, each item of which costs in
excess $15,000 but less than $30,000, at an aggregate maximum estimated cost of
$49,000, and each item of which costs in excess of $30,000, at an aggregate
maximum estimated cost of $311,000, including, in each case, incidental expenses
in connection therewith. It is hereby determined that the period of probable
usefulness of the aforesaid equipment each item of which costs in excess of
$15,000 but less than $30,000 is ten years, pursuant to subdivision 28 of paragraph
a of Section 11.00 of the Local Finance Law, and that the period of probable
usefulness of the aforesaid purchase of equipment each item of which costs in
excess of $30,000 is fifteen years, pursuant to subdivision 28 of paragraph a of
Section 11.00 of the Local Finance Law;
j) The purchase of replacement police vehicles, in and for the City of Ithaca, at a
maximum estimated cost of $120,000, including incidental expenses in connection
therewith. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is three years, pursuant to subdivision 77 of
paragraph a of Section 11.00 of the Local Finance Law;
k) The purchase of vehicles for the Fire Department, at a maximum estimated cost of
$185,000, including incidental expenses in connection therewith. It is hereby
determined that the period of probable usefulness of the aforesaid class of objects
or purposes is ten years, pursuant to subdivision 27 of paragraph a of Section
11.00 of the Local Finance Law;
l) The resurfacing of driveways at Fire Station five and six, in and for the City of
Ithaca, including incidental expenses in connection therewith, at a maximum
estimated additional cost of $40,000 (including the $90,000 serial bonds authorized
by bond resolution dated and duly adopted December 1, 2004, revised maximum
estimated cost of this specific object or purpose is now $130,000; amount of serial
bonds authorized by this bond resolution, $40,000). It is hereby determined that
December 7, 2005
25
the period of probable usefulness of the aforesaid specific object or purpose is
fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the
Local Finance Law, computed from January 17, 2005, the date of issuance of the
first obligations issued for such object or purpose pursuant to bond resolution dated
December 1, 2004;
m) The reconstruction of the Thurston Avenue Bridge over Fall Creek, in and for the
City of Ithaca, including incidental expenses in connection therewith, at a maximum
estimated additional cost of $9,169,688 (including the $1,210,312 serial bonds
authorized by bond resolution dated and duly adopted July 5, 2001, revised
maximum estimated cost of this specific object or purpose is now $10,380,000;
amount of serial bonds authorized by this bond resolution, $9,169,688; provided,
however, that the amount of serial bonds ultimately to be issued will be reduced by
the amount of any State and/or Federal aid received by said City for such specific
object or purpose.). It is hereby determined that the period of probable usefulness
of the aforesaid specific object or purpose is twenty years, pursuant to subdivision
10 of paragraph a of Section 11.00 of the Local Finance Law, computed from
August 10, 2001, the date of issuance of the first bond anticipation note therefor;
and
n) The reconstruction of the Cayuga Green Garage of and for the City of Ithaca,
including the Cayuga Green Study and Design Phase II and incidental expenses in
connection therewith, at a maximum estimated additional cost of $9,474,000
(including the $1,223,000 serial bonds authorized by bond resolution dated and
duly adopted December 3, 2003 and by the issuance of the $400,000 serial bonds
authorized by bond resolution dated and duly adopted on July 6, 2005, revised
maximum estimated cost of this specific object or purpose is now $11,097,000;
amount of serial bonds authorized by this bond resolution, $9,474,000;). It is
hereby further determined that the period of probable usefulness of the aforesaid
specific object or purpose is thirty years, pursuant to subdivision 11(a)(1) of
paragraph a of Section 11.00 of the Local Finance Law, computed from January
16, 2004, the date of issuance of the first bond anticipation note therefor and that
the cost of planning in connection with the Green Study and Design Phase II
referenced in Section 1 hereof will be financed as part of the cost of such
reconstruction and that the period of probable usefulness of such planning is thirty
years pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local
Finance Law and that Section 3 of Bond Resolutions dated December 3, 2003 and
July 6, 2005 are hereby amended accordingly, computed from January 16, 2004,
the date of issuance of the first bond anticipation note therefor.
Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or
purposes and classes of objects or purposes is $21,065,688, and the plan for the financing
thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to
each specific object or purpose or class of objects or purposes in accordance with the
maximum estimated cost of each set forth in Section 1 hereof.
Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such notes, is hereby delegated
to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said City Controller,
consistent with the provisions of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are
hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such
obligations becoming due and payable in such year. There shall annually be levied on all
the taxable real property in said City a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
Section 5. The bonds authorized pursuant to this bond resolution shall be in fully
registered form and shall be signed in the name of the City of Ithaca, Tompkins County,
New York, by the manual or facsimile signature of the City Controller and a facsimile of its
corporate seal shall be imprinted or impressed and may be attested by the manual or
facsimile signature of the City Clerk.
December 7, 2005
26
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale
and awarding the bonds, are hereby delegated to the City Controller, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he shall
deem best for the interests of the City; provided, however, that in the exercise of these
delegated powers, he shall comply fully with the provisions of the Local Finance Law and
any order or rule of the State Comptroller applicable to the sale of municipal bonds. The
receipt of the City Controller shall be a full acquittance to the purchaser of such bonds,
who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining annual
debt service, including prescribing whether manual or facsimile signatures shall appear on
said bonds, prescribing the method for the recording of ownership of said bonds,
appointing the fiscal agent or agents for said bonds, providing for the printing and delivery
of said bonds (and if said bonds are to be executed in the name of the City by the facsimile
signature of its City Controller, providing for the manual countersignature of a fiscal agent
or of a designated official of the City), the date, denominations, maturities and interest
payment dates, place or places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby determined that it is to the
financial advantage of the City not to impose and collect from registered owners of such
serial bonds any charges for mailing, shipping and insuring bonds transferred or
exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00
of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section 52.00
of the Local Finance Law and shall otherwise be in such form and contain such recitals in
addition to those required by section 52.00 of the Local Finance Law, as the City Controller
shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested only
if:
1) Such obligations are authorized for an object or purpose for which said City
is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced
within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-1. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or
otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full in
the, the official newspaper, together with a notice of the City Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Alderperson Coles AYE
Alderperson Mackesey AYE
Alderperson Berry AYE
Alderperson Whitmore AYE
Alderperson Zumoff AYE
Alderperson Tomlan AYE
Alderperson Taylor AYE
Alderperson Townsend AYE
Alderperson Cogan AYE
Alderperson Korherr AYE
December 7, 2005
27
Brief Report – Alderperson Berry
City Administration Committee – Two-Year Review:
Alderperson Berry thanked committee members for all their hard work. During the two
years, only 2 items were referred back to committee for further work, which meant that
98% of the items from committee received the full support of Common Council. She
further thanked Mayor Peterson for allowing her to chair the committee and thanked
Alderperson Coles for her assistance in chairing the committee.
Alderperson Berry reported that the City Administration Committee recommended
funding for the IFD, IPD, the 911 Dispatch Center, pedestrian improvements,
infrastructure improvements, traffic calming projects, emergency repairs and demolition,
Southside Community Center, GIAC/Southside Partnership, Multi-Cultural Resource
Center, diversity and racism issues, coal tar removal project, technology improvements,
streamlining operations, and the Water Plant.
Alderperson Berry thanked the City staff that reported to the committee for their hard
work. Alderperson Townsend thanked Alderperson Berry for her leadership on the
Committee.
COMMUNITY SERVICES COMMITTEE:
An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code entitled
“Exterior Maintenance”, Section 3 entitled “Standards for Grounds and Exterior
Property”
By Alderperson Korherr: Seconded by Alderperson Berry
ORDINANCE NO. 05-25
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Section 178-3(J) of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§ 178-3. Standards for grounds and exterior property.
J. Sidewalks are kept substantially clear of snow, ice and other obstructions,
including but not limited to free-flowing water from drains, ditches, and/or downspouts
located on the property except during flooding. All sidewalks, ramps and curb cuts shall
be cleared of such obstructions within 24 hours of when the obstruction initially occurs.
For properties that abut the intersection of two streets, the sidewalks that must be kept
substantially clear of snow, ice and other obstructions shall include that portion of the
sidewalk which runs to the curbline of any street and shall include any access ramps
therein. (See § 285-5.) The obstruction of sidewalks and access ramps is presumed to
have commenced concurrently with the beginning of any snowfall or icefall or storm.
(1) That sidewalks are free from snow and ice for the full paved width of such
sidewalk, except within twenty-four (24) hours after the beginning of a snowfall.
Failure to comply shall be punished as provided in §178-10(B)(2). Each day that
a violation continues shall be considered a separate offense.
(2) For properties that abut the intersection of two streets, the sidewalks shall
include that portion of the sidewalk that runs to the curbline of any street and
shall include any access ramps therein. (See § 285-5.)
(3) When snow and ice on any sidewalk within the time period specified in (1) above
is frozen so hard that it can not be removed without injury to the sidewalk, it shall,
within the time specified in (1) above be strewn and kept strewn with ashes,
sand, sawdust or other suitable material, so as to be no longer dangerous to life
and limb. As soon as practical thereafter, the sidewalk shall be completely
cleared of snow, ice and other materials strewn thereon, as provided in section
(1).
(4) Whenever the sidewalks are not free from snow and ice as defined in 178-
3(J)(1), the Superintendent of Public Works or his or her designee may clear the
sidewalk so that it is free from snow and ice and shall notify the City Chamberlain
of the expense incurred by the amount of labor equipment and materials used.
The minimum charge shall be twenty-five dollars ($25.00). The City Chamberlain
December 7, 2005
28
shall promptly present to the owner of each parcel a bill for the removal of snow
and ice as certified by the Superintendent of Public Works. If not paid within
thirty (30) days, the cost thereof shall be assessed against the property, added to
their tax and become a lien thereon, collectible in the same manner as delinquent
City taxes. Appeals from this section shall only be permitted if written Notice of
Appeal is received by the Ithaca City Clerk within forty-five (45) days after the
mailing of the bill from the Chamberlain, and such appeals shall be taken to the
Board of Public Works.
(5) No person, firm or corporation shall deposit, throw, place or strew, nor cause to
be deposited, thrown, placed or strewn any snow or ice upon any street, avenue
or roadway within the City.
(6) No person, firm or corporation shall deposit, throw, place or strew, nor cause to
be deposited, thrown, placed or strewn any snow or ice upon another parcel of
real estate without the express permission of the owner of the real estate upon
which the snow or ice is to be deposited.
(7) Sidewalks are to be kept substantially clear of other obstructions, including but
not limited to free-flowing water from drains, ditches, and/or downspouts located
on the property except during flooding. All sidewalks, ramps and curb cuts shall
be cleared of such obstructions within 24 hours of when the obstruction initially
occurs.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
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 logistics of implementation and the
potential gap between the effectiveness of the ordinance and the implementation of the
program.
Amending Resolution:
By Alderperson Cogan: Seconded by Alderperson Whitmore
RESOLVED, That the effective date of the Ordinance shall be January 3, 2006; instead
of immediately and in accordance with law upon publication of notice as provided in the
Ithaca City Charter.
Ayes (9) Coles, Mackesey, Berry, Whitmore, Tomlan, Taylor,
Townsend, Cogan, Korherr
Nays (1) Zumoff
Carried
Motion to Refer Back to Committee:
By Alderperson Zumoff: Seconded by Alderperson Townsend
RESOLVED, That the Ordinance to Amend Chapter 178 of the City of Ithaca Municipal
Code entitled “Exterior Maintenance”, Section 3 entitled “Standards for Grounds and
Exterior Property” be referred back to committee for further consideration of the
implementation program.
Ayes (2) Zumoff, Townsend
Nays (8) Coles, Mackesey, Berry, Whitmore, Tomlan, Taylor, Cogan,
Korherr
Failed
Main Motion as Amended:
Alderperson Zumoff stated that he couldn’t support the ordinance as written with the
requirement to clear snow and ice being 24 hours from the beginning of the snowstorm
instead of 24 hours from the end of the snowstorm.
Alderperson Mackesey thanked Alderperson Korherr for her hard work on a difficult
issue.
December 7, 2005
29
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Coles, Mackesey, Berry, Whitmore, Tomlan, Taylor,
Townsend, Cogan, Korherr
Nays (1) Zumoff
Carried
REPORT OF SPECIAL COMMITTEES:
Alderperson Mackesey thanked City Attorney Luster for all of his help and support with
the Governance Committee.
NEW BUSINESS:
Resolution to Create PEGASYS Fees for Users from Non-participating
Municipalities
By Alderperson Cogan: Seconded by Alderperson Korherr
WHEREAS, the public access studio in Tompkins County, New York is funded by the
City of Ithaca, the Town of Ithaca, and the Village of Cayuga Heights, henceforth known
as the Participating Municipalities, and
WHEREAS, the Franchise Agreement between the City of Ithaca and Time Warner
Entertainment – Advance/Newhouse Partnership dated January 2003 contains the
following language:
A usage fee for each separate use of access equipment and/or facilities
shall be assessed to access users who do not reside in Participating
Municipalities in Tompkins County. Such fees shall be established by the
Participating Municipalities.
and
WHEREAS, the Access Oversight Committee (AOC), which includes representatives
from all three Participating Municipalities, proposed the creation of a usage fee, and
WHEREAS, in addition to satisfying the terms of the franchise, a usage fee will bring in
additional revenue to help in the funding of the public access studio, and
WHEREAS, in the absence of a usage fee set by the participating municipalities, as of
January 1, 2006 Time Warner will no longer allow users from non-participating
municipalities to make use of the public access studio, now therefore be it
RESOLVED, That the Common Council of the City of Ithaca adopts the following usage
fee schedule for users of the public access studio who do not reside in a Participating
Municipality:
Initial Fee when first receiving training
Individuals: $30 (includes 6-month membership)
Organizations: $100 (includes training and 6-month
membership for up to 4 users)
The initial fee will only be charged to new users; current users will pay the
ongoing fee:
Ongoing membership fee
Individuals: $20 every 6 months
Organizations: $50 every 6 months (for up to 4 users).
Carried Unanimously
MAYOR’S APPOINTMENTS:
Bicycle Pedestrian Advisory Council:
By Alderperson Coles: Seconded by Alderperson Korherr
RESOLVED, That Kent Johnson be appointed to the Bicycle Pedestrian Advisory
Council to replace David Henderson with a term to expire December 31, 2008.
Carried Unanimously
December 7, 2005
30
Resolution to Recommend City Representative to the Board of Directors of TCAT,
Inc.
By Alderperson Cogan: Seconded by Alderperson Whitmore
RESOLVED, Common Council recommends Alderperson Zumoff to the TCAT, Inc.
Board for a term to expire on December 31, 2008.
Ayes (9) Coles, Mackesey, Whitmore, Berry, Tomlan, Taylor
Townsend, Cogan, Korherr
Nays (0)
Abstentions (1) Zumoff
Carried
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Mackesey reported that the Natural Areas Commission would submit a
written report to Common Council.
REPORT OF CITY CLERK:
City Clerk Holcomb read the following item into the record on behalf of the Ithaca Urban
Renewal Agency:
Call for Proposals for 2006 Community Development Block Grant and Home
Investment Partnership Program (HOME) funds
On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is preparing to draft
an Action Plan to fund projects through the 2006 Community Development Block Grant
(CDBG) and HOME programs. Approximately $1.3 million is expected to be available.
Community groups, businesses and individuals are invited to submit proposals for
projects to be funded through these programs.
For more information, please contact:
Ithaca Urban Renewal Agency
108 East Green Street, 3rd Floor
Ithaca, NY 14850-5690
Phone (607) 274-6553
Fax (607) 274-6558
E-mail: suek@cityofithaca.org
REPORT OF CITY CONTROLLER:
Controller Thayer reported on the following:
Sales Tax Revenue: November collection was $500,000, which is 16% above
budget and could be higher with strong holiday season sales.
Revenues are up for building permits
Fine revenues fell short by $450,000; fine adjustments are pending
Parking revenues are short by $140,000 to $150,000
Bids for new parking equipment have been received and are being reviewed.
Overtime costs are over budget
Vacation, holiday buy-outs, and pension contributions total approximately $2.6
million
2005 Snow removal budget is exhausted
2005 Fund Balance contributions is possible
Bond Counsel Wilkie, Farr & Gallagher are out of the business. An RFP has
been issued for new Counsel. January, 2006 will be a transition period.
Alderperson Cogan thanked Controller Thayer for his informative reports.
REPORT OF CITY ATTORNEY:
City Attorney Luster reported that this would be his last meeting as City Attorney. He
stated that it has been a wonderful two years, getting to know everyone. He further
stated that he has never worked with an organization that is so dedicated to the
betterment of the City and the “greater good”.
December 7, 2005
31
Mayor Peterson thanked City Attorney Luster for his service to the City of Ithaca and for
his years of support, advice, and his delightful sense of humor.
Alderperson Coles stated that City Attorney Luster’s presence has made things so
much easier.
Alderperson Mackesey thanked City Attorney Luster on behalf of the Governance
Committee.
Alderperson Cogan stated that City Attorney Luster’s experience as an elected official
has been extremely valuable, in addition to his legal acumen.
Alderperson Whitmore thanked City Attorney Luster for being a fellow stickler for
process and Roberts Rules!
Alderperson Zumoff stated that he appreciated City Attorney Luster’s open door policy.
Alderperson Tomlan stated that she has enjoyed City Attorney Luster’s advice as she
was Chair of a Committee, and his openness to questions.
Alderperson Korherr stated that it has been a pleasure to work with Attorney Luster.
Alderperson Taylor stated that he learned a lot from Attorney Luster in his roles of
“professor” and City Attorney.
Alderperson Townsend thanked Attorney Luster for everything.
Alderperson Berry thanked Attorney Luster for his work in the community and echoed
other Council members’ sentiments.
MINUTES FROM PREVIOUS MEETINGS:
Approval of November 2, 2005 Common Council Meeting Minutes:
By Alderperson Berry: Seconded by Alderperson Zumoff
RESOLVED, That the November 2, 2005 Common Council Meeting Minutes be
approved as amended.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 10:35 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor