HomeMy WebLinkAboutMN-CC-2006-04-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 5, 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
Planning and Development Director – Van Cort
Community Development Director – Bohn
Human Resources Director – Michell-Nunn
Asst. Supt. for Streets & Facilities - Ferrel
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested the addition of Item 11.7 – Motion to Enter into Executive
Session to Discuss the Proposed Lease of Real Property.
No Council member objected.
New Business:
City Clerk Holcomb requested the addition of Items 14.4 – Lost Dog Café Alcohol
Permit Request and 14.5 – Ithaca Ale House Alcohol Permit Request.
No Council member objected.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Nathan Shinagawa, Tompkins County Legislator for the 4th District addressed Council
on the following topics:
- The Tompkins County Distinguished Youth Award was presented to the student
representatives on the Ithaca City School District Board
- The Library Committee concluded its work and has disbanded; the County will change
the way the Library budget is considered to allow for a more comprehensive review.
- Mike Sigler will participate in the Library labor contract negotiations discussions.
- The Facilities & Infrastructure Committee is looking at the needs of County
infrastructure and prioritizing projects. The Committee will send the project list to the
Budget Committee for review. Some of the buildings being reviewed include the Health
Department, the Center of Government Building, the old Library, and the Public Safety
Building.
- The Air Service Board is conducting an operational review of the airport to improve
efficiency. The service to Pittsburgh is being eliminated; but service to other cities has
remained strong. The food contract has been re-negotiated.
- The Tompkins County Assessment Department has completed an assessment of
housing needs and affordability issues. Zoning regulations are in need of review as
they relate to future development.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
David Nutter, City of Ithaca, spoke in support of taxi drivers and the extension of the
sunset clause for taxi rates.
Frances Weissman, City of Ithaca, expressed concerns regarding the unequal
enforcement of the Exterior Property Maintenance Ordinance.
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April 5, 2006
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Chris Anagnost – Realtor & Landlord, spoke in support of loosening the Exterior
Property Maintenance regulations and voiced concerns regarding unequal enforcement
of the legislation.
Larry Beck, Landlord, spoke in support of loosening the Exterior Property Maintenance
regulations and voiced concerns regarding excessive fines.
Pam Mackesey, City of Ithaca, spoke in opposition to a reduction in the taxi rate
structure.
Neil Oolie, City of Ithaca, expressed concern regarding vehicles that have been parked
on the sidewalk in front of Hilton Garden Hotel; the compensation of Council members;
and the taxi rate structure.
Joel Harlan, Town of Newfield, spoke in favor of the creation of additional recreational
activities in the City.
Nicole Carrier-Titti, City of Ithaca – Landlord – addressed Council regarding the exterior
property maintenance ordinance and stated that tenants should be held responsible for
violations of ordinance.
Michael Kent , Village of Trumansburg, stated that it was hard for taxi companies to
survive with the current rate structures.
Dana Cizmas, I.C. Student – spoke regarding the taxi rates and the misapplication of
additional charges for items such as luggage and additional passengers.
Mike Richardson, City of Ithaca, employee of Ithaca Dispatch responded to comments
made previously about discriminatory practices.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles noted that she wouldn’t respond to comments made regarding the
taxi rate structure until the item is discussed.
Alderperson Seger thanked speakers and responded to comments made regarding the
Exterior Property Maintenance ordinance. He stated that landlords are being heard and
would be included in future discussion of issues.
Alderperson Korherr thanked the speakers and people that sent letters regarding the
taxi rate structure. She stated that complaints regarding taxi operations should be
referred to the Ithaca Police Department for investigation. She further stated that the
Neighborhood and Community Services Committee would be reviewing the taxi rate
structures. She noted that taxis are the only 24-hour transportation service in the
community. She further stated that wages are not particularly high for taxi drivers and
are directly impacted by the regulated rates.
Alderperson Townsend thanked the landlords and Ms. Weissman for addressing their
concerns regarding the Exterior Property Maintenance Ordinance as well as other
Collegetown issues. He further stated that changes to the taxicab legislation would take
time.
Alderperson Zumoff responded to comments made regarding taxi rates and stated that
trash can lid violations are difficult to enforce.
Alderperson Berry thanked the speakers for sharing their concerns and responded to
comments made regarding the taxi rate structure and legislation.
Alderperson Tomlan thanked the speakers and other people who attended the meeting
out of concern of issues being discussed. She noted that she shares concerns
regarding the fair enforcement of city ordinances and the application of fines. She
further stated that she would save her comments on the taxi rate structure until the
discussion of the legislation.
Alderperson Clairborne thanked the speakers for their comments. He responded to
comments made regarding the Exterior Property Maintenance Ordinance, specifically
the enforcement aspect and equity in application of violations (tenants vs landlords). He
further responded to comments made regarding the taxi rate structure and legislation.
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April 5, 2006
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Alderperson Clairborne informed everyone that GIAC’s Dining with Dignitaries Program
formal dinner would be held soon, and that Ithaca College family carnival was
upcoming. He further extended thanks to the community for their well wishes for the
birth of his new baby.
CONSENT AGENDA ITEMS:
City Administration Committee:
Request to Amend 2006 Youth Bureau Roster - Resolution
By Alderperson Korherr: Seconded by Alderperson Coles
WHEREAS, the Ithaca Youth Bureau has requested permission to amend the Youth
Bureau Personnel Roster for 2006, in order to provide maximum flexibility as it moves
forward in its efforts to implement the City’s Diversity Plan, and
WHEREAS, this amendment calls for the creation of two new unfunded roster positions
and will have no impact on the city budget, and
WHEREAS, establishing these positions may enable the Youth Bureau to broaden its
applicant pool; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2006 Youth Bureau Roster as
follows:
Add two full time Youth Program Assistants – Unfunded
Carried Unanimously
Request to Amend 2006 Youth Bureau Budget and Roster - Resolution
By Alderperson Korherr: Seconded by Alderperson Coles
WHEREAS, the Ithaca Youth Bureau has requested permission to increase the hours
of, a Recreation Program Coordinator in the Recreation Department from 20 hours per
week to 35 hours per week and to transfer funds within the Youth Bureau budget to
cover the cost, and
WHEREAS, this will enable the Youth Bureau to provide consistent and quality program
supervision for programs currently funded by the Recreation Partnership and most
efficiently manage the current workload; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2006 Youth Bureau Budget
and Roster as follows:
Decrease:
Account # A7310-5120-1501 Hourly Part-Time $8,255
Increase:
Account # A7310-5110-1501 Staff Salaries $8,255
Increase the hours of one Recreation Program Coordinator from 20 hours per week to
35 hours per week effective June 12, 2006.
Carried Unanimously
GOVERNANCE AND INTERMUNICIPAL RELATIONS COMMITTEE:
An Ordinance to Add Chapter 42 entitled “Cyber Security Citizens’ Notification
Policy” to the City of Ithaca Municipal Code
By Alderperson Zumoff: Seconded by Alderperson Coles
WHEREAS, the New York State legislature has adopted the Information Security
Breach and Notification Act, which Act was effective as of December 7, 2005, and the
provisions of said Act have been incorporated into the State Technology Law, Section
208; and
WHEREAS, said Law requires every local government in New York State to individually
adopt its own notification policy, consistent with said State Law, within 120 days of the
effective date of said Law, namely, by April 6, 2006; now therefore
Common Council
April 5, 2006
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ORDINANCE NO. 06 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1: That the City of Ithaca Municipal Code is hereby amended to add Chapter
42 entitled “Cyber Security Citizens’ Notification Policy” as follows:
§ 42-1. Name.
This Chapter shall be known and may be cited as the “Cyber Security Citizens’
Notification Policy.”
§ 42-2. Intent.
The policy set forth in this Chapter is intended to be consistent with the State
Technology Law, Section 208, as added by Chapters 442 and 491 of the Laws of 2005.
This policy requires notification to affected New York residents and non-residents. The
City of Ithaca and New York State value the protection of private information of
individuals. The City of Ithaca is required to notify an individual when there has been or
is reasonably believed to have been a compromise of the individual’s private
information, in compliance with the applicable provisions of the State Technology Law
and this policy.
§ 42-3. Definitions.
As used in this Chapter, the following terms shall have the meanings indicated:
CONSUMER REPORTING AGENCY: Any person or entity which, for monetary fees,
dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the
practice of assembling or evaluating consumer credit information or other information on
consumers for the purpose of furnishing consumer reports to third parties, and which
uses any means or facility of interstate commerce for the purpose of preparing or
furnishing consumer reports. (The State Attorney General is responsible for compiling a
list of consumer reporting agencies and furnishing the list upon request to the City of
Ithaca.)
DATA: Any information created, stored (in temporary or permanent form), filed,
produced or reproduced, regardless of the form or media. Data may include, but is not
limited to personally identifying information, reports, files, folders, memoranda,
statements, examinations, transcripts, images, communications, electronic or hard
copy.
INFORMATION: The representation of facts, concepts, or instructions in a formalized
manner suitable for communication, interpretation, or processing by human or
automated means.
PERSONAL INFORMATION: Any information concerning a natural person which,
because of name, number, personal mark or other identifier, can be used to identify
such natural person.
PRIVATE INFORMATION: Personal information in combination with any one or more
of the following data elements, when either the personal information or the data element
is not encrypted or encrypted with an encryption key that has also been acquired:
1. social security number; or
2. driver’s license number or non-driver identification card number; or
3. account number, credit or debit card number, in combination with any required
security code, access code, or password which would permit access to an individual’s
financial account
“Private information” does not include publicly available information that is lawfully made
available to the general public from federal, state, or local government records.
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April 5, 2006
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COMPROMISE OF PRIVATE INFORMATION: The unauthorized acquisition of
unencrypted computerized data containing private information, from records maintained
by the City of Ithaca.
THIRD-PARTY: Any non-municipal employee such as a contractor, vendor, consultant,
intern, other municipality, etc.
§ 42-4. Notification Procedure.
A. The City of Ithaca, after consulting with the State’s Office of Cyber Security and
Critical Infrastructure Coordination (hereinafter “CSCIC”), to determine the scope of the
breach and restoration measures, shall notify an individual, as quickly as is practicable,
when it has been determined that there has been, or is reasonably believed to have
been, a compromise of that individual’s private information through unauthorized
disclosure.
B. If encrypted data is compromised along with the corresponding encryption key,
the data is considered unencrypted and thus falls under the afore-mentioned notification
requirements.
C. The notification required hereunder may be delayed if a law enforcement agency
determines that the notification impedes a criminal investigation. In such case,
notification will be delayed only as long as needed until it has been determined that
such notification no longer compromises any such investigation.
D. The City of Ithaca shall notify the affected individual(s) by one of the following
methods:
1. Written notice delivered to the individual or mailed or delivered to the individual’s
address of record;
2. Electronic notice, provided that the person to whom notice is required has expressly
consented to receiving notice in electronic form and a log of each such notification is
kept by the City of Ithaca, in such form;
3. Telephone notification, provided that a log of each such notification is kept by the
City of Ithaca; or
4. Substitute notice, if the City of Ithaca demonstrates to the State Attorney General
that the cost of providing notice would exceed $250,000.00, or that the affected class of
persons to be notified exceeds 500,000, or that the City of Ithaca does not have
sufficient contact information for the affected person(s). The following, together,
constitute sufficient substitute notice:
a. E-mail notice, when the City of Ithaca has an e-mail address for the subject
person(s);
b. Conspicuous posting of the notice on the City of Ithaca’s web site page, if the City of
Ithaca maintains one; and
c. Notification to major local and statewide media.
E. The City of Ithaca shall notify the CSCIC as to the timing, content and distribution
of the notices and approximate number of affected persons.
F. The City of Ithaca shall notify the State Attorney General and the State
Consumer Protection Board, whenever notification to a New York resident is necessary,
as to the timing, content and distribution of the notices and approximate number of
affected persons.
G. Regardless of the method by which notice is provided, the notice must include
contact information for the City of Ithaca and a description of the categories of
information that were, or are reasonably believed to have been, acquired by a person
without valid authorization, including specification of which of the elements of personal
information and private information were, or are reasonably believed to have been, so
acquired.
H. This Policy also applies to information maintained on behalf of the City of Ithaca
by a third party.
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April 5, 2006
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I. When more than 5,000 New York residents must be notified at one time, then in
that case the City of Ithaca shall notify the consumer reporting agencies as to the
timing, content and distribution of the notices and the approximate number of affected
individuals. This notice shall be made without delaying notice to the affected
individual(s).
§ 42-5. Implementation.
The Mayor shall ensure that a written, city-wide protocol is established, which protocol
shall stipulate how the notification requirements in this policy are to be implemented.
Section 2: Severability.
Severability is intended throughout and within the provisions of this ordinance. If any
section, subsection, sentence, clause, phrase or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 3: Effective Date. This ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
An Ordinance to Amend Chapter 157 of the City of Ithaca Municipal Code Entitled
“Commons”
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. Section 157-7 of Chapter 157, Entitled “Commons” of the City of Ithaca
Municipal Code is hereby amended to read as follows:
§ 157-7. General Commons Rules.
A. The following rules apply to all uses and activities on the Commons:
(1) Fire lanes are to be kept open at all times. No exhibit or item will be permitted to
locate in a fire lane.
(2) Permits for use will be valid for the assigned space between the hours of 8:00
a.m. and 10:00 p.m., and amplified sound may not start before 10:00 a.m. and may not
extend beyond 10:00 p.m., without special permission by the Commons Advisory Board.
In scheduling events and activities on the Commons, consideration will be given to the
people living and doing business on and around the Commons.
(3) No user will be permitted to reserve a location on the Commons for more than
five events in any calendar year with the exception of the Ithaca Downtown Partnership.
A single event is defined as being limited to three consecutive days in duration.
Applicants requesting events of a longer duration may be temporarily placed in mobile
vending sites as available.
(4) Rain dates will not be scheduled at the time the original permit is issued but, in
case of rain, every effort will be made to reschedule the event at the earliest appropriate
time. Reapplication for a permit will not be required.
(5) Hawking, harassing passersby, accosting people, soliciting without a permit and
otherwise d Disrupting the natural flow of pedestrian traffic or the ingress to or egress
from storefronts shall be prohibited.
(6) No person shall litter or throw, scatter material of any kind on the Commons.
(7) Sale of merchandise on the sidewalks or public thoroughfares on the
primary/secondary Commons shall not be permitted without a vending agreement.,
except that the sale of event specific items and items related to, and being sold by, a
not-for-profit organization shall be allowed pursuant to approval and permit by the City
Clerk and/or Commons Advisory Board. Sale of event specific, and not-for-profit bake
sale items shall be allowed pursuant to approval and permit by the City Clerk and/or
Commons Advisory Board.
Common Council
April 5, 2006
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(8) No religious symbols shall be used as part of a continuous, unattended
freestanding display on the Commons.
(9)(8) Promotional, advertising, banners or other materials are not to be placed across
the Commons, or affixed to any pavilions or other infrastructure, except in cases where
a Common’s Use Permit has been approved.
(10)(9) No person shall climb upon or permit minors in his/her custody to climb upon
the fountain structure, or any public art piece, light poles or trees, or into planters on the
Commons.
(11) (10) No items shall be affixed or bound to any light poles, trees, plants, pavilions or
other infrastructure on the Commons, except in cases where approval of the
Department of Public Works or City Clerk has been granted.
(12) (11) The Commons can be reserved for "Sidewalk Sale Days," at which time
Commons merchants would be allowed to display and sell merchandise on the Ithaca
Commons with a Commons Use Permit approved by the Commons Advisory Board.
(12) Aggressive solicitation is prohibited pursuant to Chapter 250 of the City of Ithaca
Municipal Code.
(13) Overnight sleeping on the Commons is prohibited except upon approval of a
permit by the Commons Advisory Board.
B. Signs, Merchandise Displays, Temporary Planters.
A business, organization, or establishment may have a sign or display, to advertise the
business in that location, subject to the following restrictions or privileges.
1.) There may be one free-standing Sign or Display (not both) per business entrance
only, regardless of the number of businesses or organizations within the building.
Where the word “sign” is used alone, hereinafter it refers to a sign or display
2.) For the Primary Commons, free-standing signs may be up to 48 inches tall and must
abut the building, extending only 24 inches into the sidewalk area or to the fire lane,
whichever is less. Signs may not extend into the fire lane. For the Secondary
Commons, signs may be up to 48 inches tall x 24 inches wide and must be placed by
the curb of the street, not blocking the opening of car doors or access to parking meters,
and must allow at least 60 inches (5 feet) for pedestrian right of way between the sign
and the buildings.
3.) All Signs must be made of durable material and be heavy enough to remain in place
in all weather.
4.) Signs must be maintained in good condition, no rust, peeling paint, peeling laminate
or broken sections, and the owner of the sign or display must keep the area around the
signs clear of snow and debris on and around the Signs at all times.
5.) Merchandise Displays may be 60 inches tall and extend 24 inches into the sidewalk
area or to the fire lane whichever is less. Displays may not extend into the fire lane.
The display base size shall be no greater than 24 inches square and made of a durable
material and heavy enough to remain standing in all weather. Displays must be
maintained in good condition as are the signs.
6.) Temporary Planters for flowers and plant display shall abut the building and extend
no more than 18 inches into the pedestrian walkway or the fire lane, whichever is less.
A planter must be at least 18 inches tall at the lip of the planter. Planters may extend the
length of the business. Planters must be maintained in good condition, filled with plants
or flowers, and must be kept free of snow and debris in and around the planters.
7.) No Sign, Merchandise Display or Planter may impede traffic flow in or out of building
entrances.
8.) Businesses with Outdoor Dining Permits must keep their Signs, Merchandise
Displays and Planters within their designated outdoor dining area.
9.) All Signs and Merchandise Displays and Planters must be taken in at the close of
the business day.
Common Council
April 5, 2006
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10.) The Ithaca Downtown Partnership shall be allowed to place signs for Community
Events and Concerts at or near the four Commons Pavilions, and/or the three entrances
to the Commons (Aurora Street, Cayuga Street, and Seneca Street). These signs shall
not impede pedestrian traffic, or block fire lanes.
11.) Signs, Merchandise Displays and Planters are not permitted during events listed as
Food Vendor Blackout dates as per the Ithaca City Clerks office.
12.) The building owner shall be liable for any violations under this Ordinance.
The building owner is responsible for determining the rights of building tenants to place
signs, merchandise displays or planters on the Commons. The building owner may not
charge any fees for the use of a sign in public space.
Section 2.
Section 157-32 entitled Penalties for Offenses shall hereby be amended to read as
follows:
§ 157-32. Penalties for offenses.
Except as otherwise provided, any person who shall violate any provision of this chapter
shall be punished as provided in Chapter 1, General Provisions, Article I, Penalties, of
this Code. 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 3. Severability.
Severability is intended throughout and within the provisions of this ordinance. If any
section, subsection, sentence, clause, phrase or portion of this ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Extensive discussion followed on the floor regarding overnight sleeping on the
Commons and homelessness issues.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Berry
RESOLVED, That section 157-7, #13 be removed from the ordinance regarding
overnight sleeping on the Commons.
Ayes (3) Townsend, Berry, Clairborne
Nays (7) Coles, Seger, Zumoff, Tomlan, Gelinas, Korherr, Cogan
Abstentions: (0)
Failed (3-7)
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (9) Coles, Seger, Berry, Zumoff, Tomlan, Gelinas, Townsend, Cogan
Korherr
Nays (1) Clairborne
Carried (9-1)
An Ordinance to Add Chapter 330 to the City of Ithaca Municipal Code Entitled
"Business Operations"
By Alderperson Zumoff: Seconded by Alderperson Korherr
ORDINANCE NO. 06-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Common Council
April 5, 2006
9
Section 1.
The City of Ithaca Municipal Code is hereby amended to add Chapter 330 entitled
“Business Operations” to read as follows:
ARTICLE I
PARKING FACILITY OPERATIONS
§330- 1 Definitions.
For the purpose of this article, the following terms shall have the meanings ascribed to
them. All other words shall have the meanings normally ascribed to them in regular
usage.
PARKING FACILITY-- For the purposes of this article, a parking facility is a City
designated structure or area where fees are levied for parking.
PROXIMITY CARD-- A card issued by the proper parking authority to give the recipient
a permit to park in a parking facility.
AUTOMATIC PARKING CARD-- A card produced by a mechanical device generated
with a time stamp to record when the parking time for a parking facility patron has
commenced.
PATRON-- A person who enters a parking facility in a car.
§ 330-2 Theft of parking services prohibited.
No person shall intentionally fail to pay for parking charges incurred in a parking facility.
§ 330-3 Theft of parking services, presumptions.
Except as provided in this article, any person who fails to pay for parking charges
incurred in a parking facility shall be presumed to have done so intentionally.
Obtaining a second or subsequent automatic parking card prior to paying for parking is
presumed to have been done with an intention to avoid paying for all or some of parking
charges incurred.
Use of a proximity card by someone other than the authorized user is presumed to have
been done so that the non-authorized user can avoid paying parking charges.
Using or permitting the use of a proximity card in a manner not authorized is presumed
to have been done so to intentionally avoid the paying for parking.
§ 330-4 Theft of parking services, exceptions
It shall be an affirmative defense to any violation of this article that:
There was either an equipment failure or absence of personnel that prevented the
patron from paying upon their exit;
That the patron inadvertently entered the parking facility with insufficient funds to pay for
the parking and makes restitution at the City Chamberlain’s Office within two business
days.
The patron was ready, willing and able to pay, but was unable to do so due to any
circumstances beyond the patron's control or some extraordinary circumstance;
§ 330-5 Theft of parking services, penalties
The violation of any provision of this article shall be punishable by a fine of $50;
provided, however, that a person who violates this article after having been convicted of
a violation of this article within the preceding three years shall be punishable by a fine of
$100; and further provided that, upon application by the city, that a person who violates
this article after having been convicted of a violation of this article twice within the
preceding three years shall be punishable by a fine of $250.
Common Council
April 5, 2006
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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.
Ayes (9) Coles, Seger, Berry, Zumoff, Tomlan, Gelinas, Townsend, Cogan
Korherr
Nays (1) Clairborne
Carried (9-1)
PLANNING, ECONOMIC DEVELOPMENT, AND ENVIRONMENTAL QUALITY
COMMITTEE:
FY 2006 Action Plan – HUD Entitlement Grant Program - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, in September 2003, the City of Ithaca was advised by the U.S. Department
of Housing & Urban Development (HUD) that as the principal city of a newly-recognized
metropolitan statistical area, the City would be eligible to receive an annual formula
grant award through the HUD Entitlement Grant program beginning in FY2004, and
WHEREAS, on December 3, 2003, the Common Council designated the Ithaca Urban
Renewal Agency (IURA) as the Lead Agency to develop and administer the
Consolidated Plan to enable the City to be eligible to receive HUD Entitlement Grant
program funding on an annual basis, and
WHEREAS, on February 4, 2004, the Common Council adopted comprehensive
revisions to the Citizen Participation Plan to comply with HUD Entitlement Grant
program requirements for citizen input in the process of selecting projects for funding
and administering grant funds, and
WHEREAS, on May 5, 2004, the Common Council adopted the 2004-2008
Consolidated Plan identifying goals, objectives and strategies for the use of HUD
Entitlement Grant program funding to address priority community development needs,
and
WHEREAS, on an annual basis, the City of Ithaca submits an Action Plan to HUD at
least 45 days prior to the beginning of the July 1st program year to access HUD
Entitlement Grant program funding allocated to the City, and
WHEREAS, the annual Action Plan identifies a specific list of budgeted projects to be
undertaken from annual allocations of HUD Entitlement Grant funds plus any projected
program income to be received in that year, and
WHEREAS, HUD notified the City of Ithaca that it was eligible to receive the following
estimated allocations through the FY2006 HUD Entitlement Grant program:
$833,373 Community Development Block Grant (CDBG)
$538,676 Home Investment Partnerships (HOME)
$ 0 Projected program income
$1,372,049 Total, and
WHEREAS, the IURA utilized the competitive project selection process for development
of the FY2006 Action Plan and also for the selection of projects to fund with $160,000 of
unobligated funding available from the FY2005 HUD Entitlement Grant resulting from
voluntary return of committed funding from Ithaca Neighborhood Housing Services
(INHS) for the First Time Homebuyer Assistance (project #1, FY2005 Action Plan), and
Common Council
April 5, 2006
11
WHEREAS, the IURA solicited funding proposals on October 11, 2005, from citizens,
for-profit and not-for-profit organizations and received 27 proposals totaling $2.8 million
in requested funds, and
WHEREAS, in compliance with the Citizen Participation Plan, the IURA held an initial
public hearing on January 19, 2006, to gain public input on formulation of the draft
Action Plan, and
WHEREAS, the IURA has evaluated the funding proposals received within the context
of the goals and objectives contained in the Consolidated Plan and the selection criteria
contained in the Citizen Participation Plan at meetings held on January 26th, February
2nd, February 9th, February 16th and February 27th, and
WHEREAS, the IURA identified 14 priority projects for funding, and
WHEREAS, there is a shortfall of $59,160 to fund all priority projects identified by the
IURA, and
WHEREAS, the Economic Development Project Loan fund (project #9, FY2004 Action
Plan) has not expended loan funds in accordance with its anticipated schedule, and
WHEREAS, failure to expend CDBG funds in a timely manner may reduce future
funding received from the HUD Entitlement Grant program, and
WHEREAS, reprogramming $59,160 from the Economic Development Project Loan
(EDPL) fund will still provide $210,840 of funding available for loan assistance through
the EDPL to businesses for job creation/retention, an adequate amount to meet current
obligations, and
WHEREAS, with IURA-recommended program amendments, a total of $1,591,209 can
be made available to fund 14 priority projects from the FY2006 HUD Entitlement Grant
and funds available for reprogramming, and
WHEREAS, at its February 27, 2006 meeting, the IURA adopted a proposed FY2006
Action Plan, and
WHEREAS, in compliance with the Citizen Participation Plan, a public hearing on the
proposed FY2006 Action Plan, and a separate public hearing on proposed program
amendments, have been duly advertised and held on March 15, 2006, before the
Planning, Economic Development & Environmental Quality Committee; now, therefore,
be it
RESOLVED, that the Common Council hereby adopts the attached Proposed FY2006
Action Plan, City of Ithaca, NY, prepared by the IURA and dated 2/27/06, for allocating
$1,372,049 of FY2006 HUD Entitlement Grant funds, and including the following
$219,160 of proposed program amendments:
Program Amendments
Funding
Amount
Funding
Type
Source of Funds – Project Name
Use of Funds – Project Name
$21,714 CDBG FY2004 Econ Dev Project Loan Fund INHS New Owner-Occupied Housing
$37,446 CDBG FY2004 Econ Dev Project Loan fund Southside Neighborhood Park
$10,000 CDBG FY2005 In-Fill Owner-Occupied Housing Southside Neighborhood Park
$39,635 HOME FY2005 First-Time Homebuyer Assistance INHS New owner-Occupied Housing
$25,000 CDBG FY2005 First-Time Homebuyer Assistance INHS Mini-Repair Program
$85,365 CDBG FY2005 First-time Homebuyer Assistance Southside Neighborhood Park
$219,160
thereby providing a grand total of $1,591,209 to fund 14 projects, and be it further,
RESOLVED, That should the IURA determine that any of the above activities encounter
feasibility issues that would hinder their timely completion or adversely affect their impact
prior to the HUD submission deadline, the Common Council authorizes the IURA, upon
approval by the Mayor and the Chair of the Planning, Economic Development and
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April 5, 2006
12
Environmental Quality Committee, to make adjustments in the application to resolve
feasibility and eligibility concerns, and be it further,
RESOLVED, That the City of Ithaca Urban Renewal Plan shall be amended to include
activities funded in the adopted FY2006 Action Plan and all approved program
amendments, and be it further
RESOLVED, That the Common Council hereby authorizes the IURA to administer and
implement the Action Plan activities in accordance with applicable regulations.
Mayor Peterson explained that this is a difficult process as there are more applications
and requests for funding than can be funded.
Alderperson Clairborne stated that he enjoyed the experience and that the Ithaca Urban
Renewal Agency does amazing work. He stated that there is a high level of scrutiny of
applications that result in strong community projects.
A vote on the Resolution resulted as follows:
Carried Unanimously
Department of Planning & Development 2006 Priority Work Program -Resolution
By Alderperson Tomlan: Seconded by Alderperson Gelinas
WHEREAS, the Department of Planning & Development's proposed 2006 Priority Work
Program has been reviewed by the Planning, Economic Development, and
Environmental Quality Committee of Council; now, therefore, be it
RESOLVED, That Common Council approves the following 2006 Priority Work Program
as the Department of Planning & Development's priority projects for 2006:
ECONOMIC DEVELOPMENT:
Provide assistance to major downtown development projects, including Cayuga Green
Phase II and the State Theatre.
Continue working with Bloomfield, Schon, and Partners on design, local approvals and
financing of Cayuga Green Phase II, including lease-up of retail space under the
Cayuga and Green Garages.
Continue steps towards acquisition of Goldberg property (ground floor of the Green
Garage).
Complete design for replacement of the center section of the Green Garage. In
cooperation with Superintendent of Public Works complete design and schedule
construction for the garage. Coordinate work with Bloomfield, Schon, and Partners.
Complete process of selecting a preferred developer for City/IURA-owned parcel on
Inlet Island and, in cooperation with a selected developer, continue working toward
development of area, including acquisition of the parcel owned by New York State
Department of Environmental Conservation (NYSDEC).
Encourage the development of small, locally owned businesses, especially those led by
women and minorities.
Work with City and Cornell University representatives in the planning of collaborative
development beyond the boundaries of the main campus.
Work with the Mayor’s Collegetown Vision Task Force to consider such matters as
parking needs, urban design, market demand for commercial and housing uses, and the
feasibility of establishing a Business Improvement District (BID).
Complete analysis of possible public-private cooperation toward development of a
parking area for the West End in cooperation with area property owners. Project would
include site acquisition, development and establishment of a special tax assessment
Common Council
April 5, 2006
13
district to help fund acquisition, construction, maintenance, and operation of the parking
area.
Examine the possibility and assess the benefits and liabilities of hiring private
management for the City’s parking garages. Project will involve working with the City
Transportation Engineer.
NEIGHBORHOODS AND QUALITY OF LIFE:
Implement plans to rehabilitate the playground adjacent to the Southside Community
Center for broader use as a neighborhood park.
Continue the City’s longstanding commitment to the provision of affordable housing by
providing funding for new construction and rehabilitation of such housing in the City, and
by investigating potential sites for the construction of new affordable housing units.
Bring Planned Unit Development zoning amendment to Common Council for action.
Beginning with solicitation of developer interest and developer selection, continue
working toward development of former Southwest Park area, under direction of the
Mayor and Common Council and with the advice of appropriate advisory bodies.
Work on the planning, construction and evaluation of traffic-calming projects, in
cooperation with City Transportation Engineer. Work will include investigation of non-
City funding sources for traffic-calming projects.
Continue working toward construction of the Black Diamond Trail in cooperation with the
New York State Office of Parks, Recreation, and Historic Preservation; the Town of
Ithaca; Tompkins County; and other involved municipalities. In light of the rejection of
an application to New York State Department of Transportation (NYSDoT) for
Transportation Improvement Program (TIP) funding, consider alternatives for the trail
including a revised and less costly design, alternative funding sources, etc.
Work with the City Trails Master Plan Client Committee to complete inventory and
descriptions of existing city trails and develop a plan for a city-wide trail system that will
connect residential neighborhoods with commercial areas, open space, natural areas
and a regional trail.
Complete construction of Phase I sections of the Cayuga Waterfront Trail, including
current phase of the Inlet Island Promenade (Brindley Park improvements and stone
dust trail from Brindley Park to Look Out Point). Continue search for outside funding for
completion of Promenade.
Finalize route, acquire right-of-way and begin construction of Phase II of the Cayuga
Waterfront Trail from Cass Park to the Farmers’ Market.
Complete a feasibility study and design for Phase III of the Cayuga Waterfront Trail.
Complete work with County on the adoption of the Local Waterfront Revitalization Plan
(LWRP) for Tompkins County. Begin work on developing implementation strategies.
Continue planning for dredging of city waterways. Find acceptable dredge spoil
deposition site. Seek funding for dredging operations.
Advocate for pedestrian safety improvements crossing New York State Route 13 at
highway routes 96, 89, 79, including Dey Street, Third Street and Cecil A. Malone Drive,
Seneca Street, State Street, Clinton Street, and support the Office of the City Engineer
as the lead in negotiations with NYSDoT to define and price-out acceptable
modifications to State-controlled intersections to enhance pedestrian safety.
Implement, as appropriate, the “Recommendations of the Pedestrian Awareness
Committee” and include consideration of these recommendations in project reviews
conducted in the planning department.
Formatted: Bullets and Numbering
Common Council
April 5, 2006
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COMMUNITY-WIDE AND NEIGHBORHOOD PLANS:
Review the City’s comprehensive plan (Ithaca, N.Y.: A General Plan, 1971) and begin to
outline a successor document.
Complete Greater Southside Neighborhood Plan. Evaluate next steps in neighborhood
planning initiative for action by Common Council. City emphasis in 2006 will be on
implementation of approved plans.
Provide input in Cornell University’s campus-wide comprehensive plan effort.
GEOSPATIAL INFORMATION ACQUISITION AND MANAGEMENT:
Database Management – Continue working with Geographic Information Systems (GIS)
Program on expanding City of Ithaca integrated databases through Data Dictionary
updates, implement Metadata structure and assist with update of all existing datasets.
Coordinate GIS Department of Planning & Development user training on process and
protocol.
GIS Coordination & Project Planning – Continue development of GIS Program and GIS
Planning project coordination. Create visual and descriptive project processes for
administrative notification and public communication.
Geospatial Requests – Manage development of GIS Department of Planning &
Development map request database integration. Coordinate with GIS Program pilot
Geospatial Request Database using Access2003 and Virtual Office.
Map Index Archive – (a) Participate in work group for evaluation and implementation of
integrated Map Index Archive with City Clerk and Office of the City Engineer in the
Department of Public Works. Evaluate physical and virtual merger of archive map
documents. (b) Develop and manage ‘PDF map’ archive for administrative and public
use of completed map products. Work with GIS Program to set standards for
distribution and integration on Citywide GIS Mapping & Demographics website and the
Planning & Development Initiatives webpage.
Graffiti Map Incident Project – Provide mapping and analysis for the Graffiti Incident
project team for the Ithaca Youth Bureau. Work with the GIS Program and Tompkins
County GIS to develop a distributed database information system (DDIS) to identify and
map the type and locations of graffiti throughout the City of Ithaca.
Planning Intern - Provide support to Jennifer Kusznir, Economic Development Planner,
in creation of a department-wide Planning Intern program. Create GIS Planning
orientation and information guide.
REGULATIONS AND MAJOR PERMITS:
Complete draft of Historic Preservation Design Guidelines.
Review and draft major revisions to update the Landmarks Preservation Ordinance.
Complete draft of Downtown Design Guidelines.
Draft amendment to the Site Plan Review Ordinance that would require design review
for infill development in residential zones, including single-family homes and duplexes.
In consultation with the Building Department and the Department of Public Works,
including the Office of City Engineer, draft revisions to the Site Plan Review and other
Ordinances to include NYS Stormwater Management Regulations and Sustainability
Guidelines.
Draft amendments to the Zoning Ordinance in order to remove barriers that now stand
in the way of high tech businesses trying to locate or expand in the City.
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April 5, 2006
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Draft amendments to zoning ordinance regulations controlling home-based occupations
that will permit greater flexibility, provided such activities are compatible with
neighborhood quality of life.
Draft amendments to the Zoning Ordinance that will more effectively regulate off-street
parking in residential zoning districts.
Draft amendments to the Code that will more clearly regulate temporary signs.
Draft amendments that will bring the Zoning Ordinance into greater conformance with
built form in residential neighborhoods.
Continue review of the following major Cornell projects:
Milstein Hall
Physical Sciences Building
Bailey Hall Plaza
Johnson Museum Expansion
Hoy Road Garage Expansion
Transportation-focused Generic Environmental Impact Statement and Ten-Year
Transportation Impact Mitigation Strategies
ENVIRONMENTAL QUALITY AND SUSTAINABILITY:
Monitor progress of removal of contaminated soil under and adjacent to West Court
Street and on the site of the former Manufactured Gas Plant (MGP). Work with
neighborhood, NYSEG, and Ithaca City School District (ICSD) on relocation of existing
ICSD facilities and redevelopment of the MGP site.
Monitor progress in the testing and remediation of contaminated soil and groundwater
downhill from the Emerson Power Transmission plant on South Hill.
Acquire parcels in Six Mile Creek watershed area for which New York State grant
funding has been received. Continue work on acquisition of other critical parcels in Six
Mile Creek gorge as they become available within the limitations of reserve fund
allocation. Work toward securing additional funding for further acquisitions.
Provide information and assistance, as needed, in the assessment and development of
water supply options for the City.
PROCESS IMPROVEMENTS AND MISCELLANEOUS ITEMS:
Develop an improved process for selection of projects for and implementation of the
City’s capital program. This effort involves working closely with the Superintendent of
Public Works and the City Controller.
Develop and implement a system for verification and cross-referencing of permits and
approvals, in coordination with the Building Department.
Continue efforts to map and rationalize City processes, beginning with contract drafting
and execution. This project involves working with Human Resources and other
departments as appropriate.
Work to make the City’s commitment to diversity and inclusion an integral part of
planning and development processes.
Continue work on the department’s Workforce Diversity Plan.
GRANTS:
Assist in developing and administering the FY2006 Action Plan that specifies the use of
the $1.37 million award to the City through the Community Development Block Grant
(CDBG) Entitlement Program. The CDBG Entitlement Program is the primary federal
funding source for the City to implement projects that address community development
needs in the areas of neighborhood revitalization and economic development, including
housing, job creation, community facilities, and public services. The selection of Action
Common Council
April 5, 2006
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Plan activities is guided by the objectives and strategies identified in the 2004-2008
Consolidation Plan. (See attached.)
Continue to assist in the implementation of the FY2005 $1.49 million Community
Development Block Grant (CDBG) Entitlement award that funded 13 separate projects
focused on neighborhood stabilization, creation of affordable housing, and expanding
local business activity.
In cooperation with Tompkins County and Cornell University Map Archives, prepare a
grant application to identify, collect and archive City of Ithaca maps and images that are
currently not shared resources.
Identify sources of funds that will aid in Geographic Information Systems (GIS) process
improvements, increase community mapping participation, inter-agency cooperation
and project development by applying for Geospatial grants. Evaluate and, if
appropriate, apply for the ‘Communities and Built Environment’ grant that is sponsored
by the Environmental Protection Agency (EPA).
Alderperson Tomlan described the development of the work plan and all of the
additional duties that the Planning Department completes.
Alderperson Berry thanked the department for the inclusion of diversity initiatives in the
Work Plan. She stated that she doesn’t support all projects, but will support the plan.
Alderperson Clairborne requested that Route 96, 89, and 79 be added to the pedestrian
safety improvements.
Alderperson Korherr requested a review and update of the City’s Comprehensive
Master Plan, and questioned how much work could be completed with a large list like
this. Alderperson Tomlan stated that the Planning, Economic Development, and
Environmental Quality Committee would begin to outline document.
A Vote on the Resolution resulted as follows:
Carried Unanimously
Alderperson Tomlan reported that the Density Policy is still under discussion at the
committee level and would return to Common Council for consideration in the near
future.
CITY ADMINISTRATION COMMITTEE:
Attorney’s Office - Request to Transfer Funds from Capital Reserve to Capital
Project for Watershed Land Acquisition - Resolution
By Alderperson Coles: Seconded by Alderperson Tomlan
WHEREAS, the city continues to be interested in protecting the lands surrounding its
watershed and had previously established a Capital Project and Capital Reserve for the
acquisition of these lands; and
WHEREAS, there are three properties, which the city would like to purchase at a value
of $120,000 for continuing protection of the watershed area, and
WHEREAS, the city has applied for and received approval of a 50% matching grant
from New York State for the acquisition of said lands, and
WHEREAS, with a transfer of $130,000 from Capital Reserve #26 and the available
funds in Capital Project #292 the city would have enough funds to cover the necessary
land acquisitions; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of funds in an
amount not to exceed $130,000 from Capital Reserve #26 Watershed Land Acquisition
to Capital Project #292 Watershed Property Acquisition for the purposes of acquiring
said land, and be it further
Common Council
April 5, 2006
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RESOLVED, That any funds reimbursed to the city from New York State as part of the
matching grant shall be deposited to Capital Project #292 Watershed Property
Acquisition for possible additional land acquisitions in the near future, and be it further
RESOLVED, That the Mayor is hereby authorized to enter into the necessary land
acquisition agreements.
Carried Unanimously
DPW - Request Extension of Service Contract for Consulting Services -
Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, Common Council approved at the regular meeting on December 7, 2005
an extension of an on-site water and sewer Capital Projects and Plumbing regulations
consulting service contract at Water and Sewer and other city departments for Michael
Ocello until April 15, 2006, and
WHEREAS, the Water and Sewer Division requests an extension of that contract to
December 31, 2006 at a $23.92 hourly rate, and
WHEREAS, the contract has been reviewed by the Attorney’s Office and meets all the
necessary Internal Revenue Service contract regulations; now, therefore, be it
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 April 16, 2006 to December 31, 2006 to be
reimbursed at the rate of $23.92 per hour, for a total contract extension not to exceed
$8,850, 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.
Alderperson Coles stated that the contract has been reviewed and determined to be an
appropriate method for the City to receive these services.
A vote on the Resolution resulted as follows:
Carried Unanimously
DPW - Emergency Repairs to York Street Pump Station - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the York Street pump station in Fall Creek had a partial pump failure
recently and is in need of repair, and
WHEREAS, the estimate for replacement is $4,000 including equipment, shipping and
installation, and
WHEREAS, staff is recommending to replace the pump to insure that both pumps are
operating at capacity, and
WHEREAS, the 2006 Budget does not have funds to cover said repair; now, therefore
be it
RESOLVED, That Common Council hereby authorizes the transfer of an amount not to
exceed $4,000 from Account 1990 Unrestricted Contingency to Account A8142-5225
Fall Creek Pump Station Other Equipment for the purpose of making necessary repairs
at the York Street pump station.
Carried Unanimously
DPW - Request Transfer of Funds for DPW Pole Barn Roof and Siding Repair -
Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, during a recent high wind event, large sections of the DPW pole barn roof
were damaged with estimated damage costs of $5,000, and
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April 5, 2006
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WHEREAS, sections of the DPW pole barn siding have deteriorated over time and are
also in need of repair, and
WHEREAS, the roof has been temporarily re-attached, but leaks and staff recommends
putting a new roof and siding on the 30 year old structure, and
WHEREAS, the roof replacement would cost $14,000 and the siding replacement would
cost $13,000 for a total cost of $27,000, and
WHEREAS, the current insurance deductible is $5,000 negating the wind damage and
the DPW does not have the funds in the 2006 budget to cover the cost of the repairs;
now, therefore, be it
RESOLVED, That Common Council hereby authorizes a transfer from the Unrestricted
Contingency Account A1990 in an amount not to exceed $27,000 to Account A5111-
5220 Maintenance of Roads, Construction for the purposes of repairing the DPW pole
barn roof and siding.
Carried Unanimously
Motion to Enter into Executive Session to Discuss Possible Land Acquisition –
Resolution, Labor Contracts, and Lease of Real Property
By Alderperson Seger: Seconded by Alderperson Berry
RESOLVED, That Common Council enter into Executive Session to Discuss Possible
Land Acquisition, Labor Contracts, and the Lease of Real Property.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session at 10:30 p.m. with no formal action
taken.
Police Benevolent Association Contract – Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
RESOLVED, That Common Council approves the tentative agreement between the City
of Ithaca and the Police Benevolent Association for a three-year term commencing
January 1, 2005 and expiring December 31, 2007, and be it further
RESOLVED, That the Mayor is authorized to execute the agreement on behalf of the
City.
Carried Unanimously
Green Garage Reconstruction (Capital Project #469) – Acquisition of 116-128 East
Green Street – Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
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 April 5, 2006 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 Street Parking Garage (the “Project”); and
WHEREAS, the City’s planned reconstruction of the Green Street Parking Garage
includes the acquisition of land and improvements owned by I. Stanley Goldberg located
under the Green Street Parking Garage located at 116-28 East Green Street, Ithaca,
New York, described by tax parcel number 70.-4-5.2, (“Property”) pursuant to the EDPL;
and
Common Council
April 5, 2006
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WHEREAS, the preferred means to acquire the property is through voluntary purchase of
the Property in lieu of condemnation; and
WHEREAS, on December 7, 2005 the Common Council passed a resolution authorizing
submission of a purchase and sale agreement in lieu of condemnation for the Property at
a purchase price of Eight Hundred Fifty Thousand Dollars and 00/100 ($850,000.00), the
estimated market value of the property as of December 1, 2002 as determined by Midland
Appraisal Associates, Inc.; and
WHEREAS, the submitted purchase and sale agreement was not accepted by the
property owner, who subsequently provided previously requested income and expense
information to allow completion of an updated appraisal; and
WHEREAS, an updated appraisal by Midland Appraisal Associates, Inc. estimated the
market value of the property at $970,000.00 as of January 1, 2006; and
WHEREAS, the updated appraised value is within the amount estimated for land
acquisition in the capital project #469 budget; and
WHEREAS, on March 17, 2006 the property owner executed an Agreement to Acquire
Property Pursuant to the Eminent Domain Procedure Law (“Agreement”), subject to City
approval; and
WHEREAS, per the Agreement, the City agrees to make an advance payment of
$970,000.00 and seller/condemnee agrees that City has satisfied all substantive and
procedural requirements of EDPL and agrees to enter into a Stipulation and Order of
Condemnation to vest title in the property to the City; and
WHEREAS, the seller/condemnee reserves the right to bring a claim pursuant to EDPL
Article 5 to seek a higher purchase price as “just compensation” by demonstrating that
market value of the Property is higher than the advance payment amount; and
WHEREAS, at their March 29, 2006 meeting the City Administration Committee reviewed
this matter and recommended the following; now, therefore, be it
RESOLVED, That the City hereby agrees to enter into the Agreement, previously
executed by property owner, I. Stanley Goldberg, on March 17, 2006, to acquire the
Property; and be it further
RESOLVED, That pursuant to the terms of the Agreement, the City authorizes the
advance payment of Nine Hundred and Seventy Thousand Dollars and 00/100
($970,000.00) to acquire the Property and authorizes special counsel to commence a
proceeding pursuant to Article 4 of the Eminent Domain Procedure Law to acquire any and
all real property interests in the Property necessary for the Project, such funds to be
derived from Capital Project #469; and be it further
RESOLVED, That the Common Council authorizes the Mayor to execute any and all
documents necessary to implement this resolution and complete acquisition of title to the
Property.
Ayes (8) Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas, Townsend,
Cogan
Nays (2) Berry, Korherr
Carried (8-2)
COMMUNITY AND NEIGHBORHOOD SERVICES COMMITTEE:
Review of Effects of Racism Discussion
Alderperson Korherr distributed the following synopsis of the issues and suggested
solutions presented by the teen and adult panelists at the March 8, 2006 Effects of
Racism Forum with the Community and Neighborhood Services Committee:
Common Council
April 5, 2006
20
Ithaca City School District
Common Council approved resolution to be presented to the ICSD Board of Education
requesting that action be taken to recruit additional employees of color, equal discipline
in the schools, access to college opportunities and increased dialogue between
students and guidance counselors
Council request for continued support for affirmative action positions in the ICSD budget
Provide mandatory diversity training for all staff
Institutionalize diversity by increasing social clubs and focus groups
Adopt zero tolerance for racial slurs, other forms of harassment or intimidation
The Ithaca Commons
Ithaca Downtown Partnership increase dialogue with store owners
Commons Advisory Board actions to decrease intimidation of young people
Ithaca Police Department
Discussion of City-wide neighborhood policing strategy
Strengthen Explorer Post placements – Fire/Police/EMT
Engage Commons Officers in a discussion of the issues and include them in
discussions with youth and shop owners
City of Ithaca – Employer
Review/strengthen recruitment process
Ongoing discussions of the negative effects of Civil Service on minority hiring – develop
strategies where applicable
Annual report to Common Council on the composition of the City workforce
Mandatory diversity training for all staff
Common Council orientation includes training on racism and oppression
Review of policy issues that undermine affirmative action initiatives
Demand cultural competencies
Continue funding of YES satellite offices at the schools
Work with other municipalities to fund the development of a Youth Council,
representation from all students in the ICSD as a starting point
Fund a shared Teen Center
Increase GIAC Teen Program funding to include college preparation series of
workshops
Discipline/Punishment
ICSD take action to insure fair treatment for all students
Strengthen minority voting pools to provide diverse jury pools
Evaluate county-wide standards on incarceration
Media and the News
Persons of color portrayed with sexist and racial undertones, known only for sports
(solutions not provided)
City/County Forum
Acting Cornell President Rawlings, Mayor Peterson, Superintendent Pastel all vowed to
address these issues in a community forum
Develop a common understanding and definition of equality
Alderperson Korherr requested that Council members agree to tackle these target areas
and reduce the effects of racism through awareness, education, and action. She stated
that the Community and Neighborhood Services Committee discussed concepts and an
approach with the Ithaca City School District to demand action. A sub-committee will
be formed to discuss the formation of a Youth Council.
City Attorney Hoffman discussed legal opinions regarding open meetings law and
crafting legislation via e-mail.
Alderperson Korherr responded that written resolutions would be presented to
Neighborhood and Community Services Committee for discussion. She extended her
Common Council
April 5, 2006
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appreciation to all ten members of Common Council and the 13 teen panelists for their
participation in these discussions.
Alderperson Berry thanked Alderperson Korherr for all of her work and to the 5
members of Council who also attended the Ithaca City School District Board meeting.
She suggested that Council members should also attend the Alternative Community
School Board meetings to discuss these issues as well.
Alderperson Tomlan offered her thanks to the student participants and to Marcia Fort
and Karen Friedeborn who worked with the students.
Alderperson Townsend voiced his support for the idea of a Youth Council as a
governmental body.
Alderperson Clairborne thanked Cassandra Nelson, Program Director of GIAC Teen
Program, Audrey Cooper, and Dr. Larry Shinagawa for their participation in these
discussions.
NEW BUSINESS:
Viva Taqueria’s Alcohol Permit Request - Resolution
By Alderperson Cogan: Seconded by Alderperson Korherr
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria Restaurant
allowing that restaurant to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2006, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
Taste of Thai Alcohol Permit Request - Resolution
By Alderperson Cogan: Seconded by Alderperson Korherr
WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to
utilize certain areas along the Primary Commons for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
Common Council
April 5, 2006
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WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Taste of Thai Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2006, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
Common Council’s Appointment to the Local Advisory Board of Assessment
Review – Resolution
By Alderperson Cogan: Seconded by Alderperson Korherr
RESOLVED, That Fred Schwartz and Jan DeRoos be appointed to the Local Advisory
Board of Assessment Review, with Carol Chernikoff and Alan Warshawsky being
designated as alternates.
Carried Unanimously
Lost Dog Café Alcohol Permit Request - Resolution
By Alderperson Cogan: Seconded by Alderperson Korherr
WHEREAS, the City Clerk has received a request to allow the Lost Dog Café to utilize
certain areas along Cayuga Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Lost Dog Café, 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 the Lost Dog Café
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Cogan Seconded by Alderperson Korherr
WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along
Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
Common Council
April 5, 2006
23
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Ithaca Ale House, 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 the Ithaca Ale House
that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
Individual Member-Filed Resolution to Amend Taxi Rate Structure
By Alderperson Zumoff: Seconded by Alderperson Korherr
WHEREAS, Common Council previously enacted incremental taxi rate changes on
7/07/2004 (sunset date 12/31/2004), 01/05/2005 (sunset date 06/30/2005), and
10/05/2005 (sunset date 03/31/2006); increasing taxi rates temporarily by $ 0.25 per
passenger per trip, and late night surcharges of $ 0.50 per passenger per trip at the
discretion of the driver, due to substantial increases in fuel prices, and
WHEREAS, the cost of fuel is projected not to decrease substantially in the foreseeable
future, and
WHEREAS, the newly created Taxi Operations Review Committee (including interested
members of the Community and Neighborhood Services Committee and Common
Council, and representatives from Ithaca Dispatch, Inc., Ithaca Police Department,
Town of Ithaca, and the City Attorney's Office) will be reviewing the applicable taxi
ordinances with respect to the construction of the rate structure and will be reviewing
the operations of the various taxi service companies with respect to the consistent
application of the rate structure, and
WHEREAS, it is anticipated the work of the Taxi Operations Review Committee will take
at least several months to accomplish, and
WHEREAS, the Common Council of the City of Ithaca wishes to continue to support
transportation services providers most directly affected by rising fuel prices because taxi
services perform an integral role in the City’s transportation network, and
WHEREAS, this Resolution is presented to Common Council by Alderperson Zumoff
pursuant to The Rules of Common Council regarding Individual Member-Filed
Resolutions; now, therefore, be it,
RESOLVED, That the Common Council deliberate over, and vote on the attached
proposed Ordinance regarding the taxi rate structure, and, be it further
RESOLVED, That if the attached proposed Ordinance passes, the taxi rates specified in
the attached proposed Ordinance will remain in effect until modified by subsequent
Resolution of Common Council, and, be it further
RESOLVED, That Common Council will review the taxi rates and rate structure
recommended by the Taxi Operations Review Committee within two months of the
completion of work by that committee and a presentation of recommendations to the
Council.
Common Council
April 5, 2006
24
Motion to Extend Meeting:
By Alderperson Korherr: Seconded by Alderperson Cogan
RESOLVED, That the Common Council meeting be extended to 11:20 p.m.
Ayes (8) Coles, Seger, Zumoff, Tomlan, Gelinas, Townsend, Cogan, Korherr
Nays (2) Berry, Clairborne
Carried (8-2)
Extensive discussion followed on the floor regarding the process that was followed
related to this issue. Common Council members expressed their opinions about having
legislation added to the agenda as an Individual Member Filed Resolution when it failed
to pass through the committee process. Alderperson Cogan explained that the
Individual Member Filed Resolution provision was modeled after the Tompkins County
Legislature practice, as there had been a previous history with legislation being denied
full Council consideration as a result of one or two Council members blocking it at the
committee level.
Motion to Extend Meeting:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That the Common Council meeting be extended to 11:50 p.m.
Ayes (7) Coles, Zumoff, Tomlan, Gelinas, Townsend, Cogan, Korherr
Nays (3) Seger, Berry, Clairborne
Carried (7-3)
Further discussion followed on the floor regarding both the formal process and the
behind the scenes actions and commentary.
Alderperson Berry left the meeting at 11:25 p.m.
Discussion followed regarding the make-up of the proposed Taxi Operations Review
Committee and proposed timeline for their work to be completed.
Amending Resolution:
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That the second Resolved clause be removed from the Resolution, and be
it further
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That Common Council will review the taxi rates and rate structure
recommended by the Taxi Operations Review Committee.”
Ayes (7) Coles, Seger, Berry, Zumoff, Tomlan, Gelinas, Cogan, Korherr
Nays (2) Townsend, Clairborne
Carried (9-2)
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) Coles, Seger, Berry, Zumoff, Tomlan, Gelinas, Cogan, Korherr
Nays (2) Townsend, Clairborne
Carried (9-2)
An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled
“Licensing of Businesses & Occupations” - Regarding Taxi Cab Rates
By Alderperson Zumoff: Seconded by Alderperson Korherr
ORDINANCE 06-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New
York, as follows:
Section 1.
The City of Ithaca Municipal Code, Section 232-70 entitled “Rates”, and the Taxicab
Zones and Rates Schedule is hereby amended as follows:
Common Council
April 5, 2006
25
Zone Charges – One Passenger
Departure Zone
1 2 3 4 5 6
1 4.35 4.85 4.85 4.85 5.35 5.35
2 4.85 4.35 4.85 4.85 5.35 5.35
3 4.85 4.85 4.35 4.85 4.85 4.85
4 4.85 4.85 4.85 4.35 4.85 4.85
5 5.35 5.35 4.85 4.85 4.35 4.85
6 5.35 5.35 4.85 4.85 4.85 4.35
1 2 3 4 5 6
1 4.60 5.10 5.10 5.10 5.60 5.60
2 5.10 4.60 5.10 5.10 5.60 5.60
3 5.10 5.10 4.60 5.10 5.10 5.10
4 5.10 5.10 5.10 4.60 5.10 5.10
5 5.60 5.60 5.10 5.10 4.60 5.10
6 5.60 5.60 5.10 5.10 5.10 4.60
Late night surcharges.
Section 232-70(B)(5) is hereby amended to read as follows:
“A taxicab driver may charge an additional $0.50 per passenger for each trip
commencing or terminating between 8:00 p.m. and 5:00 a.m.”
Section 2.
SEVERABILITY. Severability is intended throughout and within the provisions of the
ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
Section 3.
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
Extensive discussion followed on the floor regarding the current and expected fuel
prices, the length of time it will take the Taxi Operations Review Committee to complete
its work, and the negative impact that a reduction in rates would have on the taxi
companies.
Further discussion followed regarding the late night surcharge and how it targets the
student population.
Amending Resolution:
By Alderperson Gelinas: Seconded by Alderperson Townsend
RESOLVED, That the Late Night Surcharge provision be deleted from the City Code.
Alderperson Korherr clarified that the Late Night Surcharge has been in effect for many
years and the amount of the additional charge has not changed, only the hours that the
surcharge is in effect has been increased.
Motion to Call the Question:
By Alderperson Townsend: Seconded by Alderperson Gelinas
RESOLVED, That the Question be Called.
Ayes (8) Coles, Seger, Clairborne, Tomlan, Gelinas, Townsend, Cogan, Korherr
Nays (1) Zumoff
Carried (8-1)
Amending Resolution:
A vote on the Amending Resolution resulted as follows:
Ayes (3) Gelinas, Townsend, Clairborne
Nays (6) Coles, Seger, Zumoff, Tomlan, Cogan, Korherr
Failed (3-6)
Common Council
April 5, 2006
26
Motion to Extend Meeting:
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That the Common Council meeting be extended to 12:15 a.m.
Ayes (6) Coles, Seger, Zumoff, Tomlan, Cogan, Korherr
Nays (3) Clairborne, Gelinas, Townsend
Carried (6-3)
Discussion followed on the floor with Alderperson Clairborne reviewing the history of the
issue, complaints regarding dual-charges, over-charges, baggage charges, etc. He
voiced his opposition to the legislation.
Motion to Call the Question:
By Alderperson Townsend: Seconded by Alderperson Seger
RESOLVED, That the Question be Called.
Carried Unanimously (9-0)
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (6) Coles, Seger, Zumoff, Tomlan, Korherr, Cogan
Nays (3) Townsend, Gelinas, Clairborne
Carried (6-3)
MAYOR’S APPOINTMENTS:
Bicycle Pedestrian Advisory Council:
By Alderperson Korherr: Seconded by Alderperson Seger
RESOLVED, That Nicole Tedesco be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2006, and be it further
Youth Bureau Board:
RESOLVED, That Matthew Bishop be appointed to the Youth Bureau Board to fill a
vacancy with a term to expire December 31, 2008.
Carried Unanimously (9-0)
REPORT OF CITY CONTROLLER:
City Controller Thayer reported on the following:
- Increase in State aid has resulted in $459,000 in additional funds for the city
- Sales tax collected so far this year is 21% above 2005 collections
- Snow removal cost is $75,000 less than 2005 at this point
- Fine revenue/parking revenue are slightly under budget
MINUTES FROM PREVIOUS MEETINGS:
Approval of the March 1, 2006 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Korherr: Seconded by Alderperson Cogan
RESOLVED, That the minutes from the March 1, 2006 Regular Common Council
meeting be approved with noted corrections.
Carried Unanimously (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 12:15 a.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor