HomeMy WebLinkAboutMN-CC-2006-03-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. March 1, 2006
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
City Planner - Nicholas
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Police Chief - Signer
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Community and Neighborhood Services Committee:
Alderperson Korherr requested the addition of Item 11.2 An Ordinance to Amend
Chapter 317 of the City of Ithaca Municipal Code Entitled “Removal of Vehicles”. She
further requested the deletion of Item 15.2 - An Ordinance to Amend Chapter 232 of the
City of Ithaca Municipal Code entitled “Licensing of Businesses & Occupations” -
Regarding Taxi Cab Rates.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed March 2006 as Women’s History Month.
SPECIAL ORDER OF BUSINESS:
Mayor Peterson read the following statement regarding the February 18, 2006 stabbing
incident on the Cornell University Campus:
“Before we commence the regular business of the meeting, I would like to comment and
make a statement on the violence that occurred on Cornell’s campus on February 18.
Some may wonder why this statement is coming today, and not earlier, and I certainly
know that people cannot read my thoughts. Any violence in our community is abhorrent.
Violence that allegedly contained racist behavior is also abhorrent. From the police
perspective, this act has been a part of every day since it happened. This will be
resolved through the judicial process. From the community and social justice
perspective, this kind of act has been the experience of people of color or women or
poor people or gay people, not since the occurrence but often as part of their everyday
life.
Early in this administration, the Council, and I spoke of addressing issues of race on a
regular basis, not in reaction to terrible events. A few minutes earlier we recited the
pledge. On behalf of the city administration, I am reiterating and strengthening a
different pledge. Acts of violence and bias related intolerance are not acceptable in our
community. People must feel safe and respected and treated equally in our community.
Joining forces—whether governmental, collegiate, school district, student, and
community-to make progress in eliminating these prejudices and violence --must be a
priority. At next week’s Community Services committee meeting, we will discuss teens
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March 1, 2006
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and race issues. I will request that this committee and attendees go a step further and
begin to map out a plan for addressing this issue regularly throughout the year. The city
has recently supported a number of visioning committees—on new neighborhoods and
new directions for existing neighborhoods. We need as much effort or process in the
development of a bias free community. Ithaca is often named in accolades for many
things—let us work together to become a safe community that respects and honors all
of our residents.”
Rental Housing Advisory Committee:
David Breeden, Chair of the Rental Housing Advisory Committee, addressed Council to
present a status report of the committee’s activities for the past year. He stated that he
had distributed his report electronically, but highlighted the following areas that the
committee had been working to address:
To create a publicly accessible database of rental property in the City of Ithaca
To create legislation that would provide notification to potential tenants of
environmental hazards – i.e. TCE, asbestos
Re-vamp building department procedures for certificates of compliance and
citizen complaints
Educate landlords and tenants regarding Section 8 housing (Hsg. Choice
Vouchers)
Create a rental housing center
Assess the needs of special populations
Provide eviction procedures on the city’s website
Help the committee become a mechanism to help landlords and tenants with
legislation regarding rental-housing issues
Investigate ways to alleviate problems with rental housing
Creation of a list of various city committees with contact information
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Council regarding the stabbing incident at Cornell
University:
Thomas Florino, City of Ithaca
Joel Harlan, Town of Newfield
Megan Tavek, Town of Lansing
Che Broadnax, City of Ithaca
The following people addressed Council in support of an off-leash dog park in the City
of Ithaca:
Stefan Prescott, Town of Ithaca
Melissa Lucrow, City of Ithaca
Tom Ferrell, City of Ithaca
Genevieve Koueula, City of Ithaca
The following people addressed Council on various issues:
Jemma Macera, City of Ithaca, Closing of the Dollar Store
Ron Herring, Town of Ithaca, Member of the Natural Areas Commission – read letter to
the Southwest Committee regarding the Southwest Vision Plan.
Fay Gougakis, City of Ithaca, off-leash dog park, dog waste issues, GIAC
dedication/Martin Luther King naming; speeding issues
Molly DeBartolo, City of Ithaca, snow plowing of side streets in the South Hill area.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Zumoff thanked the Ithaca High School government students for attending
the meeting. He stated that the Dollar Store is closing due to the Green Garage
construction project and that the Ithaca Downtown Partnership is actively working on
relocating the store. He further thanked the people who spoke regarding the off-leash
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dog park and stated that the task force, of which he is the chair, is actively working on
this issue for the City of Ithaca.
Alderperson Coles responded to comments made regarding the need to speak out
when actions like hate crimes occur. She stated that there is a need to look within the
community to see what wo rk still needs to be done, and we need to look within
ourselves and stop the hatred.
Alderperson Berry responded to comments made regarding the stabbing incident on
Cornell Campus. She stated that she is numb, and shared the fact that her grandfather
had been a victim of racial violence. She stated that white allies need to lead the
charge, and expressed her opinion that this was not an isolated incident as there is
evidence of many racist acts and institutional racism in the City.
Alderperson Townsend stated that he attended four meetings yesterday related to race
issues and that he is tired of having to continually address these issues. He stated that
people need to respect the differences of others, and that this is a community issue that
needs to be addressed on many levels.
He further stated that he is in support of an off-leash dog park.
Alderperson Clairborne thanked everyone who attended and spoke at tonight’s meeting
and he extended his thanks to the people who have attended and spoken out at
different forums. He stated that wrong behaviors need to be called out and that people
should never be afraid to speak up, even if what they have to say isn’t popular.
Alderperson Tomlan responded to concerns regarding the closing of the Dollar Store
and stated that City officials are trying to save the Dollar Store for downtown. She
thanked her colleagues for speaking so eloquently.
Alderperson Berry thanked the Ithaca College students for attending the meeting and
stated that the 2nd Ward representatives are in favor of an off-leash dog park.
CONSENT AGENDA ITEMS:
City Administration Committee:
IAWWTP – Request to Establish Capital Project for Plant Repairs - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the SJC (Special Joint Committee) of the Ithaca Area Wastewater
Treatment Plant has approved a contract with Stearns and Wheler Engineer’s to do
design work for several miscellaneous plant improvements at a cost of $73,790, and
WHEREAS, the contract will develop project cost estimates for several projects that are
in need of repair at the plant,
WHEREAS, the miscellaneous improvements include the design phase for the
following:
Digester Brick Repairs $10,520
Digester Cover Repairs 6,520
Deck Waterproofing 5,740
Concrete Wall Leaks 14,330
Leaks at Skylights 10,380
Space needs Assessment 2,500
Leachate Facility 23,800
now, therefore, be it
RESOLVED, That Common Council hereby establishes Joint Activity Capital Project
416J Plant Improvement Design in an amount not to exceed $74,000 for the purpose of
funding miscellaneous plant improvements, and be it further
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RESOLVED, That funds necessary for said project shall be derived from a sharing of
expenses with the existing Wastewater Treatment Plant owners, City of Ithaca, Town of
Ithaca, and Town of Dryden according to current agreements, and be it further
RESOLVED, That the city’s share of funds will be derived from Capital Reserves, long
term bonding and/or current expenditures as the City Controller may decide is most
advantageous to the city at the time of expenditure.
Carried Unanimously
Fire Department – Request to Amend 2006 Budget - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the Fire Department recently received a donation of $3,000, and
WHEREAS, the Fire Department intends to purchase a Tablet PC and associated
hardware and software for fire prevention code enforcement activities; now, therefore,
be it
RESOLVED, That Common Council hereby amends the 2006 Fire Department budget
for the purposes of accounting for said gift as follows:
Increase Revenue Account:
A3410-2705 Gifts and Donations $3,000
Increase Appropriations Account:
A3410-5210-12100 Office Equipment – Fire Prevention Bureau $3,000
Carried Unanimously
Finance/Controller – Request to Amend 2006 Budget for Community Celebration
Grants - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, Tompkins County recently notified the City of $2,500 in grant funds from
the County to the City for Community Celebration Funds, and
WHEREAS, the $2,500 in funds would need to be disbursed to the following
organizations/events/projects:
National Night Out – 2006 - $ 500
Juneteenth – 2006 - $2,000
now, therefore, be it
RESOLVED, That Common Council hereby accepts the $2,500 in Community
Celebrations Grant funds from Tompkins County and amends the 2006 Budget to
account for said grants as follows:
Increase Revenue Accounts:
A1012-2379 County Contribution/Celebrations $2,500
Increase Appropriation Accounts:
A1012-5435 Community Service Contracts $2,500
Carried Unanimously
PLANNING, ECONOMIC DEVELOPMENT, AND ENVIRONMENTAL QUALITY
COMMITTEE:
Southwest Vision Statement - Resolution
By Alderperson Tomlan: Seconded by Alderperson Seger
WHEREAS, the City of Ithaca Common Council wishes to develop approximately 60
acres of City-owned property in the Southwest Area in a manner that is responsive to
both public interests and the private development market, and
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WHEREAS, in 1998, the Southwest Area Land Use Committee issued a report,
“Southwest Area Land Use Plan,” based on a 1994 plan of the same name with a 1998
addendum, and
WHEREAS, on May 6, 1998, the Common Council, acting as Lead Agency, determined
that adoption of the Southwest Area Land Use Plan may have a significant
environmental impact and that a Generic Environmental Impact Statement was
required, and
WHEREAS, on August 24, 2000, the Common Council adopted a Statement of Findings
for the Southwest Area Land Use Plan after carefully considering the Draft Generic
Environmental Impact Statement (DGEIS) and the Final Generic Environmental Impact
Statement (FGEIS), including comments made by City committees and boards,
interested agencies, and the public, and
WHEREAS, on January 3, 2001, the Common Council adopted the 1994 Southwest
Area Land Use Plan including the 1998 Addendum as part of the City of Ithaca’s
Comprehensive Plan, and
WHEREAS, the property, formerly known as Southwest Park, was officially alienated in
2001, making it available for sale or development, and
WHEREAS, on November 3, 2004, the Common Council passed a resolution outlining
the development process for the City-owned land in the Southwest Area, which included
the creation of a client committee to assist in the development of a vision statement for
the area and in the preparation of a Request for Qualifications (RFQ) for a developer,
and
WHEREAS, the Southwest Committee met more than a dozen times from April 2005 to
January 2006 for the purpose of developing a vision statement, which meetings
included attendance and participation by other interested parties, and
WHEREAS, the Southwest Committee sponsored two public meetings, one at the
beginning of the process and the other for public comment on the draft vision statement,
and
WHEREAS, the Southwest Committee developed the vision statement with careful
consideration of market trends, Smart Growth principles, the Tompkins County
Comprehensive Plan, the findings of the DGEIS, and public input, and
WHEREAS, the Southwest Vision Statement calls for the creation of a primarily diverse
residential, mixed-use development of urban scale and density, the design and
implementation of which would facilitate non-motorized and mass transportation,
integrate sustainable building practices and environmental systems, and provide for
permanently affordable housing, and
WHEREAS, the Southwest Committee presented the Southwest Vision Statement to
the Common Council on January 4, 2006, and
WHEREAS, the Common Council wishes to emphasize its concern that the
development process give particular consideration to stormwater management and
flooding, and
WHEREAS, the Common Council has reviewed and concurs with the Southwest Vision
Statement; now, therefore, be it
RESOLVED, That the Common Council adopts the Southwest Vision Statement, dated
January 4, 2006, as a guide for the development of a new neighborhood in the
Southwest Area, and be it further
RESOLVED, That the Common Council directs the Department of Planning and
Development, with the Attorney’s office, to prepare the required documents necessary
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March 1, 2006
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to transfer the Southwest Area property from the City of Ithaca to the Ithaca Urban
Renewal Agency, to be brought to Common Council for approval, and be it further
RESOLVED, That the Department of Planning and Development, in consultation with
the Southwest Committee, shall develop and issue a Request for Qualifications for a
Preferred Developer, and be it further
RESOLVED, That the Common Council does hereby authorize Mayor Carolyn K.
Peterson to appoint a selection committee to review the responses to the RFQ and to
make a recommendation to the Ithaca Urban Renewal Agency and to the Common
Council regarding the selection of a Preferred Developer for the Southwest Area, said
Preferred Developer to be a qualified and eligible sponsor authorized to acquire
property from the Ithaca Urban Renewal Agency pursuant to Section 507 of Article 15 of
General Municipal Law, and be it further
RESOLVED, That, in accordance with State law and City ordinances, selection of the
Preferred Developer shall not be made without the concurrence of the Common
Council.
Alderperson Tomlan explained the process for the Request for Qualifications (RFQ) of
potential developers for the Southwest Area. She further explained the difference
between this process and the Inlet Island Request For Proposals (RFP) process. She
further acknowledged the input from the Natural Areas Commission during the process.
A vote on the Resolution resulted as follows:
Carried Unanimously
Endorse Continuation of the Tompkins County IDA Density Incentive Program -
Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, on July 5, 2000, the Common Council unanimously requested the
Tompkins County Industrial Development Agency (IDA) to undertake a program to
provide financial incentives for development of multi-story buildings within a density
target area encompassing the downtown central business district, the West State Street
corridor, the West End, and Inlet Island, and further required that the program be
evaluated within five years to determine whether the program should be continued, and
WHEREAS, on March 6, 2001, the Tompkins County Board of Representatives adopted
a resolution to endorse and support a program of tax abatements for the County portion
of the tax bill for development of multi-story buildings within the density target area
within the City, subject to a five-year sunset provision at which time it would be reviewed
by the IDA to ascertain its impact and its success in achieving the goals of the program,
and
WHEREAS, on September 20, 2001, the IDA amended its “Mission, Policies and
Procedures” to establish the “City of Ithaca Density Incentive Program” providing
incentives for multi-story development projects within the density target area, and
WHEREAS, since adoption of the density incentive program the IDA has approved
incentives for the following multi-story projects:
Seneca Place On The Commons
Gateway I
Island Health & Fitness
Gateway II
Cayuga Green, and
WHEREAS, the program has now been operating for five years and is undergoing
review, and
WHEREAS, on December 9, 2005, and December 20, 2005, past and current Common
Council members discussed their vision for downtown and density in the city, and
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WHEREAS, the City of Ithaca Common Council has, by resolution dated December 1,
2004, expressed its support for the Tompkins County Comprehensive Plan, which refers
to goals to "strengthen and enhance the City of Ithaca's downtown area as the urban
center of the county", and "increase the amount and density of housing and business
space in the central business districts throughout the county," and
WHEREAS, the City of Ithaca Common Council has, by resolutions dated May 2, 2001,
and March 3, 2004, strongly endorsed the Ithaca Downtown Partnership’s Downtown
Ithaca Development Strategy: 2000 to 2010, which calls for more housing opportunities
downtown, a diversity of shopping, a walkable city work/live experience, and a 24-hour
downtown that is alive with activity during the work day and after hours for dinner and
entertainment, and
WHEREAS, the cost of developing multi-story real estate in urban cores remains
substantially higher than in greenfields including higher land costs, higher construction
costs, and other complications in the planning process, and
WHEREAS, many federal assistance programs for housing and urban development
have long since disappeared, and
WHEREAS, incentives are still needed to fill project financing gaps and induce
downtown projects to move forward, particularly mixed use projects involving housing,
retail, office space, and entertainment, and
WHEREAS, only two major tools are currently available -- urban renewal assistance,
and the Tompkins County Industrial Development Agency (IDA) Density Incentive
Program -- to assist in the Common Council's goals for downtown, and
WHEREAS, a program delivering partial, temporary tax abatements can provide a tool
for downtown/center city revitalization that does not negatively impact the existing tax
base, if each project is required to document and substantiate the need for incentives,
and
WHEREAS, the density incentive program requires all projects to document and
demonstrate their need for tax incentives, so that incentives will be reserved only for
projects that require them to be financially viable; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council finds that the IDA density
incentive program is a vital tool to (1) strengthen and enhance the downtown with new
housing and other mixed-use developments and (2) locate new compact development
in nodal centers identified in the Tompkins County Comprehensive Plan, such as the
City of Ithaca’s downtown areas, thereby combatting sprawl development, and be it
further
RESOLVED, That the City of Ithaca does hereby endorse continuation of the IDA’s
density incentive program as a tool for encouraging appropriate real estate and
business investment in the core areas in Tompkins County, and be it further
RESOLVED, That the geographic area within the City of Ithaca to be targeted under this
program should be the current density target area, encompassing the downtown
business improvement district area, the West State Street corridor, the West End, and
the Inlet Island waterfront area, and be it further
RESOLVED, That in five years the City undertakes a study of the impact of the program
to evaluate its effects, either positive or negative, on such factors as the property tax
base, the local labor market, commercial rents, etc.
Extensive discussion followed on the floor regarding concerns about the City of Ithaca
density policy and the broader issue of the tax abatement program. Alderpersons
Seger, Berry, Townsend, and Clairborne addressed issues that they would like to see
included in the tax abatement program. Alderpersons Zumoff, Cogan, Gelinas, Coles,
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and Tomlan discussed the importance of the density policy and the abatement program
as important tools for the Tompkins County IDA to use to locate new businesses
downtown.
Motion to Refer Back to Committee:
By Alderperson Clairborne: Seconded by Alderperson Seger
RESOLVED, That this Item be referred back to the Planning, Economic Development
and Environmental Quality Committee with the condition that it return to the April 5,
2006 Common Council meeting.
Alderpersons Berry and Seger requested the opportunity to provide input and to be
heard on this topic.
Mayor Peterson and Alderperson Cogan spoke about the timeliness of this issue, as it is
also being discussed by the IDA.
A Vote on the Resolution resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
City Clerk’s Office - Request to Increase Authorization of Capital Project #440 for
the Purchase of Common Council Chamber Furniture - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, Capital Project #440 was established in 2001 in an amount of $20,000 for
the purpose of purchasing new furniture and an upgraded audio system for Common
Council Chambers, and
WHEREAS, audio equipment including microphones, speakers, amplifiers, tape
recording equipment, etc. was purchased and electrical services were updated in 2001,
leaving the balance of the account at $9,570, and
WHEREAS, the City Clerk has been working with furniture vendors for several years
and has not been able to secure quotes that fall within the account balance; now,
therefore be it
RESOLVED, That Common Council does hereby increase the funding of Capital Project
#440 by $13,000 for a total project authorization of $33,000 for the purchase of furniture
and wireless microphones for Common Council Chambers and new chairs for the
Second Floor Conference Room, and be it further
RESOLVED, That funds necessary for said furniture acquisition shall be derived from
the General Fund.
Carried Unanimously (9-0)
Alderperson Clairborne absent
from the vote
DPW - Request to Establish Capital Project for Feasibility Study - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca has received a Preliminary Assessment from Johnson
Controls which outlined improvements totaling $5.5 million eligible for consideration as
part of an Energy Performance Contract, and
WHEREAS, the Board of Public Works would like to concentrate initially on building
systems improvements and get additional information on water meter precision and
automated meter reading which would improve the accuracy and cost of issuing water
and sewer bills; now, therefore, be it
RESOLVED, That Capital Project # 497 City Facility Energy Improvements be created
in the amount not to exceed $75,000, to be initially funded $40,000 from general funds
and $35,000 from Water and Sewer funds, with the understanding that these costs are
to be covered by the performance Contract should the City choose to proceed with the
project recommendations resulting from the Project Development Phase, and that
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March 1, 2006
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approximately half of this expense will be recovered from the New York State Energy
Research and Development Authority (NYSERDA) as a reimbursement for the study,
and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to enter into the
Project Development Agreement, following any modifications to the Agreement that may
result from a review of the terms of the Agreement by the Mayor, Superintendent of
Public Works, and City Attorney.
Carried Unanimously
DPW - Request to Establish Capital Project for LED Traffic Signal Replacement -
Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, The City Transportation Engineer has provided a project proposal to
purchase and install Light Emitting Diode (LED) lights in City traffic signals, and
WHEREAS, The project will have significant savings for the City of Ithaca including
energy costs and maintenance costs, and
WHEREAS, The LED project has an estimated cost of $60,000 which will likely pay for
itself in approximately two to three years, now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #498 – LED
Traffic Signal Acquisition and Installation in an amount not to exceed $60,000 for said
LED purchase and installation, and, be it further
RESOLVED, That funds necessary for the LED Traffic Signal purchase shall be derived
from General Fund Advance with later repayment by issuance of Bonds.
Carried Unanimously (9-0)
Alderperson Cogan absent
from vote
Common Council - Statement of Support For New York Assembly Proposal to
Increase Financial Aid to Cities, Towns and Villages - Resolution
By Alderperson Coles: Seconded by Alderperson Berry
WHEREAS, In the early 1990s, the City of Ithaca, New York experienced a reduction in
general revenue state aid from $2,425,388 to $1,339,404 with the largest reduction in
1991 of $742,634 and
WHEREAS, the City of Ithaca has continued to experience the shift to local property
taxes which have become the primary and or sole source of funding for every local need
from our Water Treatment Plant to snow removal, and
WHEREAS, the trend toward shifting the financial burden to local property taxes has
continued to accelerate either through funding cuts or through unfunded mandates
instituted by both Federal and State Governments, and
WHEREAS, in the last five years the City's tax rate has increased by 31 percent and the
City’s tax levy by 65 percent, and
WHEREAS, tax increases have resulted in an undue burden on our entire population,
and especially those among us who are least able to afford these increases, such as
residents living on fixed incomes and those whose income consists of a minimum wage
that has not kept up with inflation, and
WHEREAS, a local municipal aid package that increases significantly the amount of the
overall funding included in the executive budget for cities, towns and villages across the
state, has been presented in the New York State Assembly, and
WHEREAS, the residents of the City of Ithaca are in need of many essential services
which we have endeavored to provide, and
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March 1, 2006
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WHEREAS, the proposal in the State Assembly would help provide essential services
while holding down property taxes; now, therefore, be it
RESOLVED, That Carolyn Peterson, Mayor, and the Common Council of the City of
Ithaca declare support for the Assembly's proposal to increase the municipal aid
throughout the State of New York from $50 million to $150 million, and be it further
RESOLVED, That copies of this resolution be sent to Governor George Pataki,
Assemblywoman Barbara Lifton; Senators Joseph Bruno, George Winner, James
Seward, and Michael Nozzolio; and to Assembly Speaker Sheldon Silver.
Carried Unanimously
Finance/Controller - Request to Approve Workers Compensation Insurance -
Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, the City, in conjunction with its insurance agent, Ithaca Agency, annually
requests Workers’ Compensation Insurance quotes for the City, and
WHEREAS, the City is seeking to move toward a self-insured Workers’ Compensation
Insurance status, and
WHEREAS, the City has received Workers’ Compensation Insurance quotes and has
secured St. Paul’s Travelers Insurance Company to provide the City’s Workers’
Compensation Insurance policy for 2006 at a cost savings from 2005, and
WHEREAS, the 2006 Workers’ Compensation Insurance package selected by the City
is a self-insured retention plan; now, therefore, be it
RESOLVED, That the City of Ithaca hereby has elects to secure workers’ compensation
to its employees pursuant to subdivision 3 of section 50 of the Workers’ Compensation
Law, and be it further
RESOLVED, That Common Council hereby approves the selection of St. Paul’s
Travelers Insurance Company for the City’s 2006 Workers’ Compensation policy using
the self-insured retention plan effective January 1, 2006.
Carried Unanimously (9-0)
Alderperson Berry absent from
the vote
COMMUNITY AND NEIGHBORHOOD SERVICES COMMITTEE:
Pedestrian Public Information/Relations Campaign with Ithaca College –
Formation of Sub-Committee - Resolution
By Alderperson Korherr: Seconded by Alderperson Berry
WHEREAS, the City of Ithaca has made the safety of pedestrians one of the highest
priorities in 2006 and beyond, and
WHEREAS, Common Council has adopted stricter penalties for ice and snow removal
offenses, and
WHEREAS, the Pedestrian Awareness Committee recommendations include education
and enforcement as equally important in improving pedestrian awareness for the public
and for those responsible for enforcing vehicle and traffic laws, and
WHEREAS, budgets have restricted public education programs to be developed with
existing staff, and
WHEREAS, Alderperson Berry has engaged students in her Ithaca College Roy H. Park
School of Communications Television-Radio Department Public Relations Lab to
develop information campaigns built around “branding” the City as a leader in public
safety, specifically naming the City of Ithaca as the client, and
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WHEREAS, direction of the campaign creation by Alderperson/Professor Berry will be in
close and frequent consultation with Mayor Peterson, Chair Korherr, key City officials,
and numerous community members, and
WHEREAS, Alderperson Berry as council liaison to the BPAC and Chair Korherr as
council liaison to the DAC will ensure that regular updates and information exchange
occurs between their respective committees, and between the student researchers, the
community and the public, and
WHEREAS, progress will be presented to Chair Korherr and/or the Community Services
Committee, and the Mayor will endorse all facets of the campaign prior to its
implementation, and
WHEREAS, the combination of public need and student participation, that will involve
intensive research regarding the current recommendations, will optimize the town-gown
relationship that the City enjoys, now therefore be it
RESOLVED, That Common Council supports the efforts of the Ithaca College students
engaged in the creation of developing public relations/information programs for both
snow and ice removal ordinance changes and pedestrian safety initiatives.
Alderperson Berry thanked the Mayor for meeting with the class, and the City
employees who took time to meet with the students. A final presentation will be made
to Common Council at the May meeting.
A Vote on the Resolution resulted as follows:
Carried Unanimously
An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code Entitled
“Removal of Vehicles”
By Alderperson Korherr: Seconded by Alderperson Zumoff
ORDINANCE 06-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Section 317-14 of Chapter 317 of the City of Ithaca Municipal Code entitled “Removal of
Vehicles” is hereby amended as follows:
§ 317-14. Removal and storage charges; penalties for violation.
A. Removal and storage charges for nonconsensual towing of vehicles in the City of
Ithaca are hereby established as follows:
(1) Removal charges shall not exceed $80. total charge, inclusive of sales tax.
(2) Special problem or circumstance removal charges shall not exceed $105, total
charge, inclusive of sales tax. "Special problem or circumstance" means the removal of
any vehicle that involves additional steps such as snow removal, difficult access to a
locked vehicle and extra cleanup. A request shall be made by the tow truck operator to
the police officer at the scene of the tow that the tow be treated as a special problem or
circumstance removal. Reasons for the request shall be stated by the tow truck operator
to the police officer at the scene and shall be recorded in the vehicle-towed report.
Approval or denial of request is to be made at the discretion of the police officer at the
scene of the tow and indicated on the "Police Towing" log. Denial of the request by the
police officer shall cause the tow to be deemed an ordinary removal.
Section 2.
SEVERABILITY CLAUSE. Severability is intended throughout and within the
provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Common Council
March 1, 2006
12
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
GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE:
An Ordinance to Amend Chapter 1 of the City of Ithaca Municipal Code Entitled
"General Provisions” to add a Penalty for Civil Offense
By Alderperson Zumoff: Seconded by Alderperson Cogan
ORDINANCE NO. 06-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Section 1-1 of the City of Ithaca Municipal Code Entitled "Penalties for Offenses" is
hereby amended to read as follows:
§ 1-1. Penalties for offenses.
A. Unless a different penalty is specified, violations of the provisions of this Code
shall be punishable by a fine of not more than $250 or imprisonment for a term of not
more than 15 days, and not less than $100 or 25 hours of community service. For the
purpose of determining the appropriate fine, each day on which the violation continues
to exist shall be considered a separate offense. In no case shall a term of imprisonment
exceeding 15 days be imposed as a penalty for violations of this Code, no matter how
many days of violation are charged, unless, by separate Code section, the violation has
been classified as a misdemeanor.
B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense
at the same property; and not more than $100 nor less than $50 for a third offense at
the same property, if a conviction for such offense occurs within the same twelve-month
period. Each day on which the condition exists may be charged and shall be considered
as a separate offense. [Amended 7-2-2002 by L.L. No. 3-2002]
Code Section
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36C (Accessory structures)
210-38 (Garbage and refuse)
272-4D (Mobile signs)
272-4E (Banners and pennants)
285-5 (Sidewalks)
325-20C(1)(j) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
C. Notwithstanding any contrary Code provision, appearance tickets may be issued
by the Building Commissioner and/or Commissioner's designee(s) charging violations of
any of the above sections 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 in any subsequent section of this Code shall
not apply as a condition precedent to issuing an appearance ticket charging a violation
of any of the above-listed Code sections. 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 sections shall apply only in cases in which the city intends to correct
the violation and seek to charge the property owner or other responsible party for the
costs of correction.
Common Council
March 1, 2006
13
D. Violations of any provisions of this code for which the penalty is designated as a
Civil Offense under § 1-1 shall be punishable by a fine not to exceed $250 or 50 hours
of community service.
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 Zumoff explained the changes in the Ordinance and stated that both City
Court Judges are in favor of the legislation.
A Vote on the Ordinance resulted as follows:
Carried Unanimously
An Ordinance to Amend Chapter 250 of the City of Ithaca Municipal Code Entitled
"Peace and Good Order" to Include an Aggressive Solicitation Prohibition
By Alderperson Zumoff: Seconded by Alderperson Seger
ORDINANCE NO. 06-
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 Solicitation.
(A) Findings. The Common Council finds that aggressive 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 crimes;
(4) Traffic control and public safety.
The Common Council finds that aggressive 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 combat the negative effects of aggressive solicitation. It is not intended to limit any
person 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) Without invitation, consent or acquiescence by the person being solicited,
speaking to that person in a manner which is intended to cause that person -- or is
likely to cause a reasonable person -- to fear bodily harm to one's self or to another;
(2) Without invitation, consent or acquiescence by the person touched,
intentionally touching another person during an act of soliciting;
(3) Without invitation, consent or acquiescence by the person being solicited,
intentionally blocking or interfering with the safe or free passage of a pedestrian or
Common Council
March 1, 2006
14
vehicle by any means, including unreasonably causing a pedestrian or vehicle operator
to take substantial evasive action to avoid physical contact;
(4) Using violent or obscene gestures toward a person solicited;
(5) 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;
(6) Following the person being solicited, while continuing to solicit.
Soliciting shall mean asking verbally or non-verbally, 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. However, this ordinance is not intended to proscribe any demand for
payment for services rendered or goods delivered. Nor does this ordinance or the
definition of solicitation proscribe fixed advertising attached to an existing premises, or
signs and/or written material allowed under any other applicable city ordinance,
regulation, license or permit.
Public Place shall mean a place owned by a municipality, including but not limited to:
street or highway; public parking lot; public plaza; public transportation structure, facility
or vehicle; public park or playground; public sidewalk; and the Ithaca Commons.
(C) Prohibited Act.
No person shall solicit in an aggressive manner in any public place.
(D) Penalties.
Any violation of the provisions of this law shall be punishable as a Civil Offense 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.
Alderperson Seger stated that this Ordinance is a good balance between the original
legislation, and Mr. Schlather’s version. He further stated that the Commons Advisory
Board would discuss this issue further as it regards the Commons.
Alderperson Tomlan stated that Mr. Schlather noted that he is still not in favor of the
legislation especially subsections B(5) and (6).
City Attorney Hoffman stated that Assistant City Attorney Sarachan worked on this
legislation and that he supports his conclusion that there does not appear to be any
case law that would prevent the City from enforcing subsection B (5) and (6). He stated
that he feels that this is a constitutionally acceptable approach to this issue.
A vote on the Ordinance resulted as follows:
Carried Unanimously
NEW BUSINESS:
Common Council’s Appointment to the Local Advisory Board of Assessment
Review – Resolution
By Alderperson : Seconded by Alderperson
RESOLVED, That _________________ and ________________be appointed to the
Local Advisory Board of Assessment Review, with_______________,
__________________ and ________________being designated as alternates.
Discussion followed on the floor with Alderperson Cogan noting that he submitted 1
name to the City Clerk’s Office. This item was referred to the April 5, 2006 Common
Council agenda for action.
Common Council
March 1, 2006
15
Simeon’s Alcohol Permit Request - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2006, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant
that includes the sale of alcohol in accordance with the terms and conditions set forth in
the application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
Creation of the Taxi Operations Review Committee - Resolution
By Alderperson Korherr: Seconded by Alderperson Clairborne
WHEREAS, the Community and Neighborhood Service Committee, at its February 8,
2006 meeting, approved the creation of a subcommittee to review the taxi operations
within the City of Ithaca, including but not limited to the posting of pricing information in
service vehicles, the formal complaint process, fees charged to those within City limits
and beyond, and a general review of the ordinance itself, and
WHEREAS, the Town of Ithaca is the only other municipality in Tompkins County that
regulates taxi rates within its jurisdiction, and
WHEREAS, the Town of Ithaca has expressed interest in working with the City to
formulate consistent rates and operations across municipal boundaries, now therefore
be it
RESOLVED, That the newly created Taxi Operations Review Committee include
interested members of the Community and Neighborhood Services Committee and
Common Council, and representation from the following: Taxi Cab Companies, Ithaca
Police Department, Town of Ithaca, City Attorney, and any other agency or department
that would assist in this effort, and be it further
RESOLVED, That concerned taxi customers be directed to contact the Ithaca Police
Department as the licensing and enforcement authority if they suspect that they have
been incorrectly charged for service, or have been affected by non-compliance of any
section of the taxi ordinance, and be it further
RESOLVED, That the taxi review committee provide the Community Services
Committee with an analysis of the current operations, and suggest recommendations for
improvement and/or ordinance changes by July 1, 2006.
Carried Unanimously
Common Council
March 1, 2006
16
Motion to Add Item 15.2 Back on the Agenda
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That Item 15.2 An Ordinance to Amend Chapter 232 of the City of Ithaca
Municipal Code entitled “Licensing of Businesses & Occupations” – Regarding Taxi Cab
Rates be added back on the agenda for discussion and possible action.
Alderpersons Berry and Clairborne voiced their objections to this addition, so the item
could not be added to the agenda pursuant to the Common Council Rules of Procedure.
MAYOR’S APPOINTMENTS:
Building Code Board of Appeals:
By Alderperson Coles: Seconded by Alderperson Korherr
RESOLVED, That Ian Shapiro be appointed to the Building Code Board of Appeals to
replace Charles Wilson with a term to expire December 31, 2008, and be it further
Conservation Advisory Council:
RESOLVED, That Scott D. Doyle be appointed to the Conservation Advisory Board to
fill a vacancy with a term to expire December 31, 2007, and be it further
Workforce Diversity Committee:
RESOLVED, That Elizabeth Vance be appointed to the Workforce Diversity Committee
to fill a vacancy with a term to expire December 31, 2006.
Carried Unanimously (9-0)
Alderperson Berry absent from
the vote
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Berry reported that Kent Johnson is the new Chair of the Bicycle
Pedestrian Advisory Committee.
Alderperson Clairborne reported that the GIAC Board is currently planning for their
Annual meeting in April.
He further reported that the IURA distributed simplified versions of its Action Plan.
Alderperson Coles reported that the Board of Public Works will continue the public
discussion of the renaming of State Street at its March 8, 2006 meeting.
She further reported that the Cornell University Group for the Red Bud Woods has
finalized the wording for a plaque to be posted at the site with a wooden kiosk made
from wood harvested from the site.
Mayor Peterson reported that Board of Public Works has requested that she speak to
Common Council to ascertain their desire to make the decision to rename State Street
instead of the Board of Public Works. She noted that Board has spent a lot of time on
this issue already, and anticipates a lot of work in the near future reviewing all of the
public comment, the history of naming City properties, etc., and they want to know if
their decision would be overruled by Common Council.
Discussion followed on the floor, and the consensus of Common Council was that they
were not interested in making the decision to rename State Street, and they encouraged
the Board of Public Works to proceed with their deliberations.
Motion to Extend the Meeting:
By Alderperson Zumoff: Seconded by Alderperson Coles.
RESOLVED, That the meeting be extended to 11:15 p.m.
Carried Unanimously
Common Council
March 1, 2006
17
REPORT OF CITY CONTROLLER:
City Controller Thayer reported on the following:
2006 sales tax revenues are 21% higher than projected
Parking revenues are increased
Snow removal budget at $75,000
Overtime costs are at budget
Fine revenues are slightly increased
The Controller’s Office is continuing to work on audit reports and required State reports
including a 3-year projection on how increases in State aid would impact the City.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the February 1, 2006 Regular Common Council Meeting Minutes –
Resolution:
By Alderperson Korherr: Seconded by Alderperson Tomlan
RESOLVED, That the minutes of the February 1, 2006 Regular Common Council
Meeting be approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:14 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor