HomeMy WebLinkAboutMN-CC-2006-09-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. September 6, 2006
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Seger, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
EXCUSED:
Alderperson Berry
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed September 15 – October 15, 2006 as Latino Heritage
month in the City of Ithaca.
Mayor Peterson proclaimed September 10-16, 2006 as Read Aloud week in the City of
Ithaca.
Mayor Peterson proclaimed September, 2006 as Prostate Cancer Awareness month in
the City of Ithaca.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Tompkins County Legislator for the Third District, Richard Booth, reported to Council on
the following items:
Dragon Boat Race – Tompkins County won the race against the City of Ithaca at the
Dragon Boat Festival, but a good time was had by all.
The communication towers are being installed throughout the County, and the project is
expected to be completed within a year.
The Tompkins County Legislature voted 8-7 to expand the transfer tax on property
transactions.
The Tompkins County Administrator submitted a tentative budget to the Legislature
calling for a 0% tax increase, which would result in very substantial cuts in County
programming. He explained that some programs are slated for one-year only funding.
County building projects – sites are being considered on West Hill or downtown for a
new Health Department facility. The Public Safety building will either be renovated or a
new jail will be built, and there are plans for a “County Center” building to be located in
downtown Ithaca.
September 6, 2006
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Doria Higgins, Town of Ithaca – opposed to transfer of Festival Land property with Inlet
Island site, and opposed to the location of an off-leash dog park on the Festival Lands.
Ken Zeserson, Town of Ulysses – the effect of the proposed Festival Land transfer on
TC Dog and an off-leash dog park.
Seth Sicroff, City of Ithaca – gave a history of dog-related events that have taken place
in Ithaca; supports an off-leash dog park and is opposed to the transfer of Festival Land
property.
Ken Friedman, Village of Cayuga Heights – support of an off-leash dog park and the
SEQR process.
Mary White, City of Ithaca – support of an off-leash dog park and voiced concerns about
the proposed land transfer
Brian Zapf, Town of Ovid- support of an off-leash dog park and voiced concerns about
the proposed land transfer
Guy Gerard, City of Ithaca – status of the Festival Lands
Cheryl Kramer, City of Ithaca - supports naming City as lead agency in SEQR process –
proposed land transfer
Cyndy Scheibe, City of Ithaca – support of an off-leash dog park
Liz Constable, City of Ithaca – support of an off-leash dog park
Megan MacCullum, Town of Dryden – support of an off-leash dog park
Joanie Groome, City of Ithaca – support of an off-leash dog park
Alicia Plotkin, Town of Ovid – support of an off-leash dog park
Joel Harlan, Town of Newfield, addressed Council regarding the Ithaca Gun site, the
plight of low-income people, and economic development concerns.
Fay Gougakis, City of Ithaca, addressed Council regarding motorcycles, vespa parking
at bike racks, noise concerns regarding Ciminelli Construction project; Green Garage
construction and the need for another meeting to talk about air quality during the
demolition process, opposition to off-leash dog park.
Tom Stern, Town of Ithaca, addressed Council regarding his paid, involuntary leave
from City of Ithaca employment and the legal position of the City.
John Graves, City of Ithaca, addressed Council regarding global warming concerns; the
downtown density policy, and how renewable energy components should be included in
new developments.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Seger thanked everyone from the dog community who spoke in support of
an off-leash dog park. He stated that the dog park should be considered on its own
merits, as should the land transfer. He further announced that the Rental Housing
Advisory Commission would be holding a forum on September 14, 2006 at 6:00 p.m. at
South Hill Elementary School to discuss rental housing issues.
Alderperson Coles thanked the dog owners for speaking, and stated that she is
committed to finding a location for an off-leash dog park. She further reported on the
status of the War in Iraq: $313 billion dollars have been spent in Iraq, Tompkins
County’s share of that is $117 million, Ithaca’s share is $22 million. The human cost of
the war: Iraqi deaths are estimated at 42,000-100,000; 2,656 American soldiers
deceased, 117 UK soldiers deceased, 115 soldiers from other countries deceased; and
September 6, 2006
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19,323 severely injured soldiers. She further stated that many Iraqi hospitals have been
destroyed during the war as well.
Alderperson Korherr thanked the speakers who came to the meeting to talk about the
dog park issue.
Alderperson Clairborne thanked speakers for coming to the meeting to talk about the
dog park issue. He further welcomed Friedman Electric to Ithaca. This company is
newly located on Cherry Street in the Industrial Park area. He also congratulated GIAC
on its CDL program and reported that the first class has been booked full and a second
class is already being scheduled. He thanked Tim Logue, Traffic Engineer, for his work
on the traffic issues in the Southside neighborhood.
Alderperson Tomlan noted that pedestrian traffic improvements have been made at
crosswalks located on East Hill at Mitchell Street/College Avenue. She further made
the following announcement regarding the Citizen Participation Plan:
“City’s Consolidated Plan – Consolidated Annual Performance and Evaluation Report
(CAPER) Public Comment Period
The City of Ithaca is required by the U.S. Department of Housing and Urban
Development (HUD) to annually report on its progress in implementing its Consolidated
Plan. The report, known as the FY05 Consolidated Annual Performance and Evaluation
Report (CAPER), will be submitted to HUD on September 25, 2006. The report is
available for public comment from September 6, through September 21, 2006 and may
be reviewed in the City’s Community Development Office, Third Floor, City Hall, 108
East Green Street, Ithaca, New York. Citizens should submit their comments in writing
to the address above before Noon on September 21, 2006. Public comments will be
attached to the CAPER and forwarded to HUD.”
Alderperson Gelinas spoke in support of an off-leash dog park in the area. He also
announced that there would be a joint meeting of the Collegetown Neighborhood
Association and the Collegetown Vision Task Force at St. Luke's Church on September
14, 2006 from 4:00 p.m. to 6:00 p.m.
Alderperson Cogan thanked the speakers who came to the meeting to speak on the dog
park issue, and voiced his support for the creation of an off-leash dog park.
Alderperson Townsend stated that he supports the creation of an off-leash dog park in
the City. He also stated that there would be a Cornell University/Community Brunch on
September 10, 2006 from 11 a.m. to 2 p.m.
Alderperson Zumoff stated that there have been changes made to the procedures for
budget meetings and that the number of public hearings that are held on the budget
have been increased.
Mayor Peterson stated that the Gun Hill property owners are in town and are meeting
with City officials. She thanked the speakers for their comments, and noted that
personnel matters could not be discussed during public sessions.
CONSENT AGENDA ITEMS:
Chamberlain’s Office Authorization to Accept Certain Tax Payments Without
Penalty
Alderperson Zumoff: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca sends tax bills to realty tax services and mortgage
institutions for those accounts paid out of escrow accounts, and
WHEREAS, the City was notified in May that a number of these bills, previously sent to
First American Realty Tax Service, should from that point forward be mailed to the
property owner, and
September 6, 2006
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WHEREAS, due to a processing error, bills were not produced for all of the changed
accounts; now therefore be it
RESOLVED, That the City Chamberlain is authorized to accept 2006 City second
installment tax bills so affected without penalty if paid by August 31, 2006.
Carried Unanimously
Human Resources - Amendment to Personnel Roster - Resolution
By Alderperson Zumoff: Seconded by Alderperson Cogan
WHEREAS, the position of Human Resources Clerk was recently vacated due to an
interdepartmental promotional opportunity, and
WHEREAS, the Human Resources Department has evaluated different strategies for
filling the vacancy and has recommended that the position of Human Resources Clerk
be eliminated and replaced with the position of Human Resources Office Assistant, and
WHEREAS, the recommended change will not require additional funds; now, therefore,
be it
RESOLVED, That the Personnel Roster of the Human Resources Department be
amended as follows:
Add: One (1) Human Resources Office Assistant (35 hours/week)
Delete: One (1) Human Resources Clerk (35 hours/week)
and, be it further
RESOLVED, That the position of Human Resources Office Assistant be and hereby is
assigned to the Confidential Employees Compensation Plan at salary grade 2 ($23,014-
$26,471).
Carried Unanimously
COMMUNITY & NEIGHBORHOOD SERVICES COMMITTEE:
Proposal to Create an Off-Leash Dog Area on the City-Owned “Festival Lands” -
Declaration of Lead Agency - Resolution
Alderperson Korherr: Seconded by Alderperson Seger
WHEREAS, the Mayor’s Task Force created to consider the possibility of establishing
one or more off-leash areas for dogs in the Ithaca area has recommended that such an
off-leash area be established by the City on the so-called “Festival Lands” owned by the
City, and possibly be extended on to a portion of the adjacent lands of the Allan H.
Treman State Marine Park (upon the consent of the State Park), and
WHEREAS, the City’s Parks Commission has recommended that the Festival Lands not
be used for an off-leash dog area
WHEREAS, State Law and Section 176 of the City Code provide that no agency may
undertake, fund or approve an action until the agency has complied with the provisions
of the State Environmental Quality Review Act (SEQRA) and, if it is an agency of the
City of Ithaca, with the City’s Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, SEQRA and CEQRO require that any action be preliminarily classified as
Type I, Type II (exempt) or unlisted, and that, from among the involved agencies for any
action, a Lead Agency be established for conducting environmental review of the action,
in accordance with state and local law, and
WHEREAS, the involved agencies with regard to approvals that would be required for
the proposed off-leash dog area are the Common Council and the Board of Public
Works, and, potentially, New York State Parks, and
WHEREAS, this proposed action is an Unlisted Action under both the City of Ithaca
Environmental Quality Review Ordinance and the State Environmental Quality Review
Act; now, therefore, be it
September 6, 2006
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RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed establishment of an off-leash dog
area on the Festival Lands, and be it further
RESOLVED, That notice of the Common Council’s intent to be the Lead Agency for this
action be provided to the Board of Public Works and New York State Parks, together
with a copy of Part 1 of the Environmental Assessment Form for the action.
Mayor Peterson reported that a meeting with State Parks representatives was held in
August, and an internal staff meeting was held on September 5, 2006 to discuss the
proposed transfer of land, and to brainstorm concerns. The Mayor will share these
concerns with State Parks staff. The Mayor reviewed the proposal and how it would
impact the development of Inlet Island. She stated that the City has been trying to
secure that parcel from the DEC for many years and if the land is transferred to State
Parks, it would no longer be transferable. She further explained that environmental
review would take at least 60 days to complete, and that State Parks would like a
decision within 4 weeks.
Motion to Table:
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That this Item be tabled until the October 4, 2006 Common Council
meeting.
Ayes (4): Coles, Tomlan, Korherr, Clairborne
Nays (5): Seger, Zumoff, Gelinas, Townsend, Cogan
Abstentions (0)
Failed
Amending Resolution:
By Alderperson Korherr: Seconded by Alderperson Clairborne
RESOLVED, That the reference to Allen H. Treman in the first Whereas clause be
removed.
Discussion followed on the floor regarding the law, and segmentation of the
environmental review process.
A vote on the Amending Resolution resulted as follows:
Ayes (5) Tomlan, Clairborne, Seger, Korherr, Cogan
Nays (4) Coles, Zumoff, Gelinas, Townsend
Abstentions (0)
Failed
Extensive discussion followed on the floor regarding the City’s options in the SEQR
process.
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (5) Zumoff, Clairborne, Seger, Gelinas, Townsend
Nays (4) Cogan, Korherr, Coles, Tomlan
Abstentions (0)
Failed
Recess:
Common Council recessed at 9:10 p.m.
Reconvene:
Common Council reconvened at 9:20 p.m.
September 6, 2006
6
GOVERNANCE & INTERMUNICIPAL RELATIONS COMMITTEE:
Procedure for Budget Review Committee Meetings
By Alderperson Zumoff: Seconded by Alderperson Seger
RESOLVED, That the Common Council Rules of Procedure are hereby amended by
adding a new Section thereto regarding Budget Review Meetings, to read as follows:
IX. Budget Review Meetings.
i. After receiving the Mayor’s proposed budget, the Common Council
shall conduct a committee meeting (or series of committee meetings)
for the purpose of reviewing the proposed budget, receiving
presentations from City departments and agencies and affected City-
sponsored programs, considering possible modifications to the Mayor’s
budget, conducting two or more public hearings on the budget (in
addition to the public hearing required at the regular Common Council
meeting in November), and recommending a proposed budget to be
voted upon by the Common Council at a regular or special Common
Council meeting.
ii. The afore-mentioned budget review meetings shall be considered to
be Committee of the Whole (COTW) meetings and shall be subject to
the following procedural rules:
a. The COTW shall consist of the full membership of Common
Council, including the Mayor.
b. These COTW meetings shall be organized by the committee of
Common Council charged with budget and finance matters (i.e.,
the City Administration Committee or whichever successor
committee is responsible for budget and finance matters).
c. A quorum for purposes of conducting business shall be a simple
majority of the whole membership of Common Council, i.e., six
members, and the Mayor shall count toward said quorum.
d. The Mayor shall not be entitled to vote except to break a 5-5 tie in
the vote of the other members of the COTW.
e. The budget review COTW meetings shall be chaired by the
chairperson of the committee of Common Council that is charged
with budget and finance matters (i.e., the City Administration
Committee or whichever successor committee is responsible for
budget and finance matters).
f. All budget review COTW meetings are subject to the Open
Meetings Law, and are, therefore, open to the public and require
advance notice as provided by law. However, with the exception
of those COTW meetings, which are specifically designated as
“public hearings,” members of the public shall not be entitled to
make public comment at the COTW meetings, unless the COTW
decides otherwise by majority vote. For those COTW meetings
that are specifically designated as “public hearings,” or at any
other COTW meeting where the public has been permitted to
comment, the same rules as to public comment which are
applicable to regular Common Council meetings or other Council
committee meetings shall apply.
September 6, 2006
7
g. At the first meeting in any year of the budget review COTW, the
Mayor’s proposed budget shall be moved (and seconded) for
recommended approval by Common Council, for the sake of
discussion and possible amendment. Thereafter, the chair shall
entertain proposed amendments to the Mayor’s budget, with
regard to any line or amount therein, which proposed amendment
shall require a second in order to be considered. For passage by
the COTW, any such amendment shall require the affirmative
vote of at least six of those COTW members present. Following
the consideration of all proposed amendments, the COTW shall
vote on a recommendation, to Common Council, of a proposed
budget, including any amendments which have been acted upon
affirmatively by the COTW. If for any reason the COTW is unable
to make such a recommendation, then the Mayor’s proposed
budget shall be moved for discussion at a Common Council
meeting following the completion of the scheduled budget review
COTW meetings.
h. Except as otherwise provided for herein, the meetings of the
budget review COTW shall be governed by Robert’s Rules of
Order.
iii. Nothing herein is intended to restrict the ability of the Common Council
to amend the proposed budget at a Common Council meeting, prior to
its adoption.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Seger
RESOLVED, That item IX(ii)c be amended to read as follows:
“A quorum for purposes of conducting business shall be a simple majority of the whole
membership of Common Council, i.e., six members, and the Mayor shall not count
toward said quorum.”
Carried Unanimously
Amending Resolution:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That item IX(ii)g be amended to read as follows: “At the first meeting in
any year of the budget review COTW, the Mayor’s proposed budget shall be moved
(and seconded) for recommended approval by Common Council, for the sake of
discussion and possible amendment. Thereafter, including at subsequent COTW
meetings, the chair shall entertain proposed amendments to the Mayor’s budget, with
regard to any line or amount therein, which proposed amendment shall require a
second in order to be considered. For passage by the COTW, any such amendment
shall require the affirmative vote of at least six of those COTW members present.
Following the consideration of all proposed amendments, the COTW shall vote on a
recommendation, to Common Council, of a proposed budget, including any
amendments which have been acted upon affirmatively by the COTW. If for any reason
the COTW is unable to make such a recommendation, then the Mayor’s proposed
budget shall be moved for discussion at a Common Council meeting following the
completion of the scheduled budget review COTW meetings.”
Carried Unanimously
Amending Resolution:
By Alderperson Korherr: Seconded by Alderperson Zumoff
RESOLVED, That item IX(ii)g be further amended to read as follows: “At the first
meeting in any year of the budget review COTW, the Mayor’s proposed budget shall be
moved (and seconded) for recommended approval by Common Council, for the sake of
discussion and possible amendment. Thereafter, including at subsequent COTW
meetings, the chair shall entertain proposed amendments to the Mayor’s budget, with
regard to any line or amount therein, which proposed amendment shall require a
second in order to be considered. For passage by the COTW, any such amendment
September 6, 2006
8
shall require the affirmative vote of the majority of members present at the time of the
vote. Following the consideration of all proposed amendments, the COTW shall vote on
a recommendation, to Common Council, of a proposed budget, including any
amendments which have been acted upon affirmatively by the COTW. If for any reason
the COTW is unable to make such a recommendation, then the Mayor’s proposed
budget shall be moved for discussion at a Common Council meeting following the
completion of the scheduled budget review COTW meetings.”
Mayor Peterson, Alderperson Seger and Alderperson Coles voiced concerns regarding
the different voting procedures in committee and on the Council floor. They further
voiced concerns regarding the potential lack of attendance at Committee of the Whole
meetings, and how that impacts the final Council votes.
A vote on the Amending Resolution resulted as follows:
Ayes (3): Korherr, Zumoff, Townsend
Nays (6) Coles, Seger, Clairborne, Tomlan, Gelinas, Cogan
Abstentions (0)
Failed
Main Motion As Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
Approval of the Addendum to the “Base Level Services Memorandum of
Understanding,” dated April 21, 1998, between the City of Ithaca and the Ithaca
Downtown Business Improvement District, Inc – Resolution
By Alderperson Zumoff: Seconded by Alderperson Tomlan
ADDENDUM I
TO BASE LEVEL SERVICES MEMORANDUM OF UNDERSTANDING (4/21/98)
BETWEEN THE CITY OF ITHACA AND THE ITHACA DOWNTOWN BUSINESS
IMPROVEMENT DISTRICT, INC
WHEREAS, The City of Ithaca (“City”) and the Ithaca Downtown Business Improvement
District, Inc., entered into a Base Level Services Memorandum of Understanding on
April 21, 1998, and
WHEREAS, said Memorandum of Understanding, along with certain other agreements
between the City and the Ithaca Downtown Business Improvement District, provided for
a basic level of services within the District, and
WHEREAS, more than seven years have passed since the signing of the 1998
Memorandum of Understanding and the allocation of services. and, in fact, the services
themselves have changed over the past seven years, and
WHEREAS, the City and the Ithaca Downtown Business Improvement District, through
its agency, the Ithaca Downtown Partnership (“IDP”), are desirous of revising the
allocation of services and reflecting the actual level of services provided in the District
by the parties by adding an addendum (“Addendum I”) to the original Memorandum of
Understanding,
September 6, 2006
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NOW THEREFORE, the City and the IDP agree that the afore-mentioned Memorandum
of Understanding shall be and is modified and supplemented as follows by this
Addendum:
NOTE: The Boundary of the Business Improvement District is found in Exhibit A
of the Original 1998 Memorandum of Understanding with the Ithaca Downtown
Partnership.
1. 0 PUBLIC SAFETY
1.1.0 The City shall be responsible for:
1. Providing twenty-four (24) hour per day, seven-day per week coverage
of the District by at least one police officer.
2. Assigning police officers (“downtown officers”) to District and
Commons duty. Every effort shall be made to select officers interested
in and committed to downtown policing.
3. Ensuring that downtown officers receive additional training pertaining
to Commons rules and regulations.
4. Ensuring that downtown officers are visible to the public as much as
practicable.
5. Ensuring that the Police Department regularly displays its hospitality
car(s) in the District, if the Police Department has such hospitality
car(s).
6. Continuing to provide police officer presence at IDP sponsored special
events in the District. (See Section 1.2.3)
1.2.0 The IDP shall be responsible for:
1. Providing a monthly written report of issues, events and concerns to
the Chief and the downtown police officers.
2. Providing to the downtown police team weekly summary sheets
detailing any incidents, issues or encounters, and/or calls from IDP
constituents to the IDP.
3. Providing non-professional security (i.e., by individuals who are not
sworn police officers) such as overnight watch security or extra
crossing guard assistance, if such assistance is needed for District
events.
1.3.0 The City and IDP together will:
1. Representatives from the downtown police officers and the IDP staff
shall meet on a monthly basis to identify possible key days and times
that may require expanded or reduced police presence.
2. Create a formal process for police officers to assist, cooperate with and
communicate regularly with IDP Ambassadors.
2.0 PUBLIC WORKS
2.1 Definition: The primary Commons consists of the extended public sidewalks and
structures in the public right-of-way in the 100 and 200 blocks of East State Street, and
the 100 block of North Tioga Street. The secondary Commons consists of the public
sidewalks and curb lawn areas in the 300 block of East State, the 100 block of West
State Street, the 100 block of North Aurora Street, the 100 block of South Cayuga
Street and the 100 block of North Cayuga Street.
September 6, 2006
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2.2 The City shall be responsible for:
1. Litter Patrol: Conducting daily (seven-day a week) hand or broom
pick-up of the primary and secondary Commons. This includes hand
sweeping and pick-up of the Commons pavilions. The intent is that this
task shall be completed prior to 10:00 am each weekday and Saturday,
and prior to noon on Sunday.
2. Sidewalk sweeping: Conducting daily (seven-day a week) machine
cleaning service to pick up litter, dirt and debris in the public right-of-
way on the primary and secondary Commons. The intent is that this
task shall be completed prior to 10:00 am each weekday and Saturday,
and prior to noon on Sunday.
3. Trash Removal: Daily (seven-day a week) emptying of trash
receptacles on the primary and secondary Commons. City will work
with the IDP Ambassadors to designate locations for the drop-off of
trash and trash bags accumulated during Ambassador shifts.
4. Power Washing: Providing power washing of portions of the primary
Commons or other sidewalks and streets on the secondary Commons
at agreed upon intervals and as otherwise necessary, based on reports
from IDP or City staff observations, but not less than once each month
from May 1 to October 31. Providing more frequent, regular power
washing of the Commons tree grove area during the summer and fall.
Providing the IDP Ambassadors with access to and use of City power
washing equipment as available.
5. Snow Removal: Providing for the timely removal of snow from the
primary Commons and from other downtown public spaces. Public
spaces are defined as public ways, other than ordinary sidewalks,
which are owned or leased by the City, or subject to City easement, for
general public movement. In addition, the City will plow snow from the
sidewalks of the secondary Commons during a snowfall event.
However, other than such initial plowing, snow and ice removal shall
be the responsibility solely of the property owners on the secondary
Commons, and nothing herein shall be construed to relieve said
property owners of their obligation to comply with any City rules and
regulations regarding snow removal. The City will provide for timely
removal of temporary snow piles as practicable and will work with the
IDP to determine the best places for temporary snow storage.
6. Special Events: Providing for trash removal during events from pre-
determined staging areas. Providing barricades as needed. Ensuring
that Commons electricity is operable and available for events.
7. Signage: Installing and/or repairing permanent public information signs
in the District (e.g. Commons entrance signs). Continuing to install
temporary event signs for the IDP on buildings and fixtures and clock
towers.
2.2.0 The IDP shall be responsible for:
1. Supplemental Litter: pick up of litter and trash at noon and mid-
afternoon in the District.
2. Planter Litter: Cleanup of litter from planters.
3. Placement of Trash: Working with Public Works Department on
placement of trash collected from the IDP supplemental program for
pick-up.
4. Emptying Trashcans: Providing for emptying of trashcans for IDP-
sponsored major festival events. Bags of collected trash will be
corralled at location(s) suitable to City.
September 6, 2006
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5. Power Washing: Providing personnel to operate power-washing
equipment for periodic supplemental cleaning of primary and/or
secondary Commons locations as determined by the IDP. This shall
be in addition to the regular power washing normally undertaken by
City personnel (see 2.2.4.
3.0 PARKING GARAGES (Seneca, Green, and Cayuga)
3.1 The City (or its agent or assigned contractor) shall be responsible for the
following with regard to the Seneca, Green and Cayuga Street Parking Garages:
1. Stairwells and Elevators: City staff shall conduct daily early morning
cleaning, washing, and litter patrol of the garage stairwells and
elevators prior to the opening of business at 8:00 am.
2. Parking Decks: City staff shall patrol for litter and debris on a daily
basis.
3. Video Cameras: The City shall work toward installation of video
cameras as soon as practicable in Seneca and Green Garages, to
promote public security.
4. Rates and Hours of Operation: The City shall, to the greatest extent
possible, consider the economic needs of downtown businesses and
employees when setting parking rates and hours of operation.
5. Demand Utilization Planning: The City shall institute measures and
best management practices which will: (a) provide for flexible re-
assignment of monthly and short term parkers among the various
garages, consistent with demand utilization planning, and (b) foster
enhanced garage management and customer service.
6. Assignment of Parking Facility Management: The City may, at its
discretion, assign or contract with other entities/organizations to
manage and maintain any or all of its downtown parking facilities. (And
it is hereby acknowledged by the parties that the Cayuga Garage is on
land conveyed to the Ithaca Urban Renewal Agency, which has leased
the garage to a not-for-profit entity, which entity has contracted with a
private company to manage it, subject to a contract already in place.)
The City shall make every reasonable effort to ensure that the
standards and guidelines set forth in this section are incorporated into
any contracts with such other entities, subject to existing contractual
limitations.
4.0 GRAFFITI
4.1.0 The City shall be responsible for:
1. The timely removal of graffiti on public property, in accordance with the
City of Ithaca Municipal Code.
4.2.0 The IDP shall be responsible for:
1. Providing the City with periodic written reports of graffiti activity and
locations. These reports will be submitted monthly with the public
safety reports.
2. Removal of small graffiti “tags” on public property.
3. Removal of small tags on private property but only with
consent/approval of owner.
September 6, 2006
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5.0 LANDSCAPING
Landscaping and plantings on the Commons and in the District add to the beauty of the
downtown area and provide a pleasant atmosphere in which residents and visitors work
and play. However, landscaping and maintenance of flowerbeds is labor intensive. IDP,
through its Ambassadors, shall assume the principal responsibility for planting and
maintaining landscaping in the District.
5.1.0 The City will be responsible for:
1. Removal of plant debris collected by the IDP Ambassadors and/or
volunteers upon notice provided by the IDP.
2. Semi-annual (May and October) pruning of shrubs and annual
trimming of trees in the District, including primary and secondary
Commons.
3. Providing working water supplies on the primary Commons for IDP
maintenance of landscaping. This includes timely repair of water
spigots, as necessary.
4. Repair or removal of broken tree grates that pose a safety risk to
pedestrians.
5. Providing mulch, compost, and soil amendments to the IDP
Ambassador crews, upon request.
5.2.0 The IDP shall be responsible for:
1. Providing and coordinating seasonal Ambassadors for landscaping,
litter patrol and hospitality.
2. Spring planter bed preparation and planting of annuals and perennials,
as appropriate.
3. Summer planter bed watering of both primary and secondary
Commons (Commons plus the 300 block of East State Street, the 100
block of West State Street, the 100 block of North Aurora Street, the
100 block of South Cayuga Street, the 100 block of North Cayuga
Street) as well as the Six Mile Creek Walk and the triangle beds at the
Aurora and State and Green and State intersections. Frequency shall
be determined by the weather but shall be sufficient to ensure healthy
plant growth, as practicable, based on the availability of water spigots.
4. Weed control for planters, tree grates and planter walls during the
growing season.
5. Fall planter bed cleaning for all planters on the primary and secondary
Commons.
6. Requesting permission from the Board of Public Works for any
additional planters.
6.0 OUTDOOR SEATING
6.1.0 The City shall:
1. Continue to permit IDP to operate a public outdoor seating program on
the Commons.
2. Allow for seasonal outdoor stacking of tables and chairs, in a manner
that will not impede sidewalk cleaning and is consistent with Commons
Rules and Regulations.
6.2.0 The IDP shall:
1. Coordinate a public dining/seating program.
2. Keep the public seating area clean (though not replacing the City’s
obligation to power wash as provided herein).
September 6, 2006
13
7.0 PUBLIC ART
7.1.0 The City shall be responsible for:
1. Assisting IDP in annual installation and removal of public art on the
Commons, utilizing existing Public Works equipment and personnel as
necessary.
2. Continuing to provide the annual insurance coverage for the Art in the
Heart of the City exhibition.
3. Considering the acceptance of pieces of art for permanent display in
the District, as recommended by the Public Arts Commission.
7.2.0 The IDP shall be responsible for:
1. Coordinating a program to provide public art for downtown.
8.0 LIGHTING and ELECTRICAL
8.1.0 The City shall be responsible for:
1. Providing working electrical outlets on the Commons for special
events.
2. Maintaining working, operable clocks on the Commons.
3. Conducting monthly inspections and promptly replacing burnt bulbs
and repairing broken fixtures.
4. Replacing pavilion lighting and bulbs as appropriate. Investigating
more cost effective perimeter lighting for pavilions.
5. Installing and replacing light pole banners and flags in the District for
the IDP banner and flag program.
6. In collaboration with the IDP, preparing and implementing an annual
plan for the installation and removal of holiday lights and decorations in
the District.
7. Installing holiday lights and decorations prior to Thanksgiving as per
the referenced plan above.
8.2.0 The IDP shall be responsible for:
1. Providing supplemental electrical technical assistance for events that
require assistance over and above normal City operations, e.g., major
IDP special events.
2. Providing periodic reports of light bulbs in need of replacement or
repair.
3. Coordinating a program to provide banners and flags for downtown for
installation by the City.
9.0 ANNUAL MAINTENANCE
9.1.0 The City shall be responsible for:
1. Conducting maintenance at least annually on the following:
i. Benches (paint and/or repair)
ii. Tree grates (repair)
iii. Sidewalk areas on the primary Commons
iv. Brick sidewalks installed by or on behalf of the City,
wherever located in the District (repair loose, uneven or
broken bricks)
September 6, 2006
14
9.2.0 The IDP shall be responsible for:
1. Providing a monthly written report to the Department of Public Works and to the
Mayor on maintenance needs and issues in the District, although IDP’s failure to
do so shall not relieve the City from its responsibilities listed above. This report
shall be prepared in conjunction with other police and public works related
monthly reports.
10.0 AMENDMENTS, TERM & TERMINATION OF MEMORANDUM; CONFLICT
BETWEEN MEMORANDUM AND ADDENDUM
10.1.0 In the event of a conflict between the provisions set forth in this Addendum and
those contained in the Memorandum of Understanding dated 4/21/98, the
provisions of this Addendum shall control.
10.2.0 The Memorandum of Understanding (4/21/98) with which this Addendum is
associated may be amended at any time, by mutual consent of the parties. Any
amendments or further addenda shall be set forth in writing, dated, and duly
executed by the representatives of the parties.
10.3.0 The initial term of said Memorandum, including this Addendum, shall end on
September 30, 2007. Each year thereafter, until 2012, the term shall be
automatically extended for an additional year from said initial ending date, upon
the same, then-current provisions, unless either party has provided written notice
to the other, at least three (3) months prior to the expiration of the current term, of
its objection to such renewal, which notice shall set forth the reasons for such
objections and the specific provisions objected to. In the event that such notice
is provided, the parties shall forthwith schedule one or more discussion/
negotiation sessions, as needed, for the purpose of addressing and attempting in
good faith to resolve any issues or disputes as to what the provisions of the
Memorandum or Addendum should be.
10.4.0 In any event, the Memorandum and this Addendum shall be thoroughly reviewed
by both parties within three years of the date of the execution of this Addendum.
10.5.0 In the event that the Ithaca Downtown Business Improvement District is
dissolved or discontinued for any reason, the Memorandum and this Addendum
shall terminate at that time, and each of the terms and conditions therein shall be
deemed to be null and void and of no effect.
Discussion followed on the floor regarding the boundaries of the Business Improvement
District.
Alderperson Townsend requested that City staff prepare a breakdown of the number of
hours and the costs of providing these services to the downtown district.
Alderperson Seger responded that this MOU reflects the City’s current practices, but
that figuring out the hours and costs expended would be a useful tool to gauge the size
of the City’s investment.
Further discussion followed on the floor regarding the comparison of services to other
areas of the City and neighborhoods.
City Attorney Hoffman noted that the original 1998 MOU estimated that the City’s
contribution to services was approximately 24,000 hours.
September 6, 2006
15
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Coles
RESOLVED, That language be added to this Addendum that indicates that the
boundary of the Business Improvement District can be found in Exhibit A of the original
agreement.
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
PLANNING, ECONOMIC DEVELOPMENT & ENVIRONMENTAL QUALITY
COMMITTEE:
Proposed Amendments to the Citizen Participation Plan, Ithaca Urban Renewal
Agency - Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, at its February 4, 2004, meeting, the Common Council adopted the Citizen
Participation Plan which regulates the manner and timeframe in which the City of Ithaca
and the Ithaca Urban Renewal Agency keep the public informed about important
developments regarding the allocation and use of funds derived from the U.S.
Department of Housing and Urban Development’s Entitlement Program, and
WHEREAS, the City seeks to clarify the difference between the Consolidated Plan and
Action Plan, as referenced in the Citizen Participation Plan, and
WHEREAS, the City wishes to more clearly define the advertising required at different
points during the development of the Consolidated Plan and Action Plan, and
WHEREAS, the City wishes to identify opportunities for citizen review and comment on
communications received from the U.S. Department of Housing and Urban
Development regarding the Entitlement Program, and
WHEREAS, at its July 27, 2006, meeting the Ithaca Urban Renewal Agency reviewed
and approved the amended Citizen Participation Plan dated July 14, 2006, and
forwarded the amended plan to the City for review, and
WHEREAS, a public hearing on the amended Citizen Participation Plan was held at the
August 16, 2006, meeting of the Planning, Economic Development and Environmental
Quality Committee, and
WHEREAS, the Planning, Economic Development and Environmental Quality
Committee recommended adoption of the proposed amendments provided that the
Ithaca Urban Renewal Agency further review several of the proposed changes, and
WHEREAS, at its August 24, 2006, meeting the Ithaca Urban Renewal Agency
approved the amended Citizen Participation Plan dated August 24, 2006; now,
therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the proposed
amendments to the Citizen Participation Plan, dated August 24, 2006.
Alderperson Tomlan explained the publication methods proposed for advertising.
Alderperson Seger encouraged all Council members to be liaisons with their
neighborhoods in assisting people in completing and submitting applications for
projects, especially low-moderate income neighborhoods.
A vote on the Resolution resulted as follows:
Carried Unanimously
September 6, 2006
16
A Resolution to Approve the IURA-Proposed Revisions to Disposition of
Parcels ‘E’ and ‘F’ of the Cayuga Green Project site to the Preferred Developer,
Cayuga Green LLC
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the City of Ithaca (“City”) and the Ithaca Urban Renewal Agency (“IURA”)
are undertaking to facilitate a multi-phased, mixed-use infill development project located
in downtown Ithaca known as the Cayuga Green Project (“Project”), consisting of
parking, public open space improvements, retail/commercial and residential uses, and
WHEREAS, on January 30, 2003, the IURA authorized acceptance of conveyance of
approximately 2.85 acres of land located at 235 S. Cayuga Street and 131-135 E.
Green Street from the City to facilitate development of the Project, and
WHEREAS, the Project site is located within the City of Ithaca Urban Renewal Project
Boundary area and implementation of the Project is consistent with, and in furtherance
of, the Urban Renewal Plan, and
WHEREAS, retail/commercial and residential components of the Project will be
implemented, in part, through lease or sale by the IURA of portions of the Project site to
selected developers who have committed to undertake components of the Project, and
WHEREAS, the portion of the Project site located south of East Green Street has been
subdivided into six lease/sale parcels (A – F) tied to elements of the Project, and
WHEREAS, on July 28, 2005, the IURA approved the sale of Parcels ‘E’ and ‘F’ to
Cayuga Green LLC, the preferred developer, for $780,000 to undertake an “urban in-fill,
mixed-use project including a 12-screen movie theater, office and retail space, and
residential development, or such other uses approved by the Seller and the Common
Council of the City of Ithaca,” and,
WHEREAS, on September 7, 2005, the Common Council approved the IURA-proposed
sale of Parcels ‘E’ and ‘F’ to Cayuga Green LLC, substantially in accordance with the
terms set forth in a proposed “Purchase and Sale Contract, Cayuga Green Project
Phase IIA – Parcels ‘E’ and ‘F’,” dated August 1, 2005, and
WHEREAS, since approval of the property sale, the project program for the site has
evolved in response to market conditions as follows:
Proposed change in future use of Parcels ‘E’ and ‘F’:
Use Prior Approved Uses Proposed Uses
Retail/Office 24,470 sq. ft. 16,100 sq. ft.
Movie Theater 8-12 screen theater None*
Residential Apts. 45 units 68 units
Total Square Feet: 115,827 sq. ft. 90,500 sq. ft.
*A multi-screen movie theater is now proposed by Cayuga Green, LLC to be
located at the ground level of the Green Garage at 116-128 E. Green Street, and
WHEREAS, since approval of the property sale, the site plan for the Project has evolved
and received final approval from the City of Ithaca Planning & Development Board
resulting in the following proposed changes:
Proposed change in premises to be conveyed:
Seller to retain an approximately 12-foot-wide permanent easement for public,
pedestrian use, extending from East Green Street to the Six Mile Creek Walk
(approximately 210 feet in length);
Seller to convey an additional 2,570 sq. ft. of land area located in the southeast
corner of Parcel ‘E’ as depicted on the 1/24/06 approved subdivision plan for the
Cayuga Green at Six Mile Creek property; and
Seller to retain an approximately 10-foot-wide permanent easement for public,
pedestrian use along the easterly boundary of Parcels ‘E’ and ‘F’ from the Six
Mile Creek Walk to the South Tioga Street right-of-way, a distance of
September 6, 2006
17
approximately 80 feet, the northerly-most section of which easement shall be
subject to periodic blockage by purchaser or its agents, for service, loading and
delivery functions; and
WHEREAS, the Economic Development Committee of the IURA reviewed (1) the
proposed change in future land uses and (2) the proposed changes in the premises to be
conveyed described in the first two bullets listed above at its August 8, 2006, meeting and
unanimously recommended approval of the reviewed changes in the purchase and sale
agreement, and
WHEREAS, additional concerns for enhancing pedestrian access along the easterly
boundary of the property were raised in preparation of this item for review by the Planning,
Economic Development & Environmental Quality Committee, which led to an additional
proposed change in the premises to be conveyed as described in the third bullet listed
above, and
WHEREAS, the benefits to the public of the above-referenced permanent easements for
public access can be expected to exceed the value of the additional 2,570 square feet of
land included in the conveyance, and
WHEREAS, a public hearing on the proposed revisions to the disposition of Parcels ‘E’
and ‘F’ of the Cayuga Green Project was held on August 16, 2006, following the required
public advertisement thereof, and
WHEREAS, the IURA approved the above-described changes, including all three bulleted
changes to the premises to be conveyed, and incorporated them into its proposed property
disposition of Parcels ‘E’ and ‘F’ at its August 24, 2006, meeting, and
WHEREAS, sale of this property by the IURA requires approval by the City of Ithaca
Common Council, and
WHEREAS, the Planning, Economic Development and Environmental Quality Committee
reviewed this matter at its August 16, 2006, meeting and recommended the following;
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby reaffirms its previous
approval of the IURA-proposed disposition of Parcels ‘E’ and ‘F,’ located at 131-135 E.
Green Street, Ithaca, NY to Cayuga Green LLC, now including the above-described
changes to (1) the future use of the property, and (2) the description of the premises to be
conveyed.
Alderperson Clairborne remarked that housing units are being increased yet, no
discussions have been held about an affordable housing component. He further stated
that the IURA passed a resolution to direct staff to discuss with the developer an
affordable housing or mixed income component or other measures that can be taken to
make the housing more affordable.
Alderperson Tomlan stated that she is pleased that the scale of the project has been
reduced in scope, and is also happy about the 7th Arts component of the project. She
further stated that the housing component in downtown will help local businesses, and
that efforts need to be maintained to continue to add affordable housing units.
A vote on the Resolution resulted as follows:
Ayes (8) Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas
Townsend, Cogan
Nays (1) Korherr
Carried
September 6, 2006
18
CITY ADMINISTRATION COMMITTEE:
City Chamberlain’s Office - Authorization to Open Brokerage Account -
Resolution
By Alderperson Coles: Seconded by Alderperson Townsend
WHEREAS, the City of Ithaca acquired Penn Traffic Common Stock in satisfaction of a
claim against Penn Traffic in bankruptcy, and
WHEREAS, the City wishes to sell the stock to offset the claim, and
WHEREAS, in order to sell the stock, the City must open a brokerage account; now
therefore be it
RESOLVED, That Debra Parsons, as Chamberlain of the City of Ithaca, is authorized to
execute on behalf of the City of Ithaca any agreements or other necessary documents
with Ameriprise Financial. These include agreements related to brokerage accounts;
execution of documents required by the resolution of these agreements; and perform all
acts that may be necessary to carry out the intent of these agreements and this Council
Resolution, and be it further
RESOLVED, That the entities receiving this resolution may rely on this Council
Resolution authorizing Debra Parsons to conduct negotiations regarding the
dispositions of the City of Ithaca's Penn Traffic Common Stock until advised in writing of
possible changes.
Alderperson Coles explained the history behind this resolution.
A vote on the Resolution resulted as follows:
Carried Unanimously
Planning and Development and Public Works Departments - Resolution
Authorizing the Creation of a Capital Project For the Grant Application to the
Environmental Protection Fund for the Planning and Design Phases for Sediment
Removal (dredging) in the Lower Reaches of Cayuga Inlet, the Flood Control
Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek.
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, on June 9, 2006, Common Council passed a resolution authorizing and
directing H. Matthys Van Cort, as Director of Planning & Development for the City of
Ithaca, to file an application for funds from the New York State Department of State
Environmental Protection Fund’s Local Waterfront Revitalization Program in accordance
with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount
not to exceed $133,178.00, and upon approval of said request to enter into and execute
a project agreement with the State for such financial assistance to the City of Ithaca for
the Planning and Design phases of the project to dredge the lower reaches of Cayuga
Inlet, the Flood Control Channel , Fall Creek, Cascadilla Creek, and Six Mile Creek, and
WHEREAS, the resolution states that “the local share of this grant application will be
derived from City of Ithaca financing and in-kind services.” and
WHEREAS, this is a reimbursable grant program with a 50% local match, and
WHEREAS, the total project cost is $266,356, $133,178 of which will be the local
match, and,
WHEREAS, the Department of State will announce grant awards for the 2006-2007
cycle of the Environmental Protection Fund’s Local Waterfront Revitalization Program
during the fall of 2006, and,
WHEREAS, it is advantageous to establish the necessary Capital Project in advance of
the grant award, now, therefore be it
RESOLVED, That Capital Project 700, for the Planning and Design Phases for
sediment removal (dredging) in the lower reaches of Cayuga Inlet, the Flood Control
September 6, 2006
19
Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, is hereby established in the
amount of $266,356, and be it further
RESOLVED, That necessary funding for said project shall be derived from a General
Fund advance with later repayment with the issuance of serial bonds, and be it further
RESOLVED, That establishment of said Capital Project shall be contingent upon EPF
grant approval.
Carried Unanimously
Motion to Adjourn into Executive Session to Discuss a Personnel Matter
By Alderperson Coles: Seconded by Alderperson Gelinas
RESOLVED, That Common Council adjourn into Executive Session to discuss a
personnel matter.
Carried Unanimously
Common Council reconvened back into Regular session with no formal action taken.
NEW BUSINESS:
Request of Ithaca Downtown Partnership to Permit Wine and Hard
Cider Tasting and Sale of Bottled Wine and Hard Cider at the 2006 Apple Harvest
Festival on the Commons – Resolution
By Alderperson Korherr: Seconded by Alderperson Zumoff
WHEREAS, the Ithaca Downtown Partnership has requested permission for wine and
hard cider tasting and sales as part of the 2006 Apple Harvest Festival; now, therefore,
be it
RESOLVED, That the Ithaca Downtown Partnership be authorized to arrange for wine
and hard cider tasting and sale of bottled wine and hard cider at booths during the
Apple Harvest Festival on the Ithaca Commons, September 29 through October 1,
2006, and, be it further
RESOLVED, That the Ithaca Downtown Partnership and participating wineries shall
comply with all applicable state and local laws and ordinances, and shall enter into an
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of wine and hard cider on
the Ithaca Commons, and, be it further
RESOLVED, That the Ithaca Downtown Partnership or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of
Ithaca as an additional insured, and shall provide evidence of such insurance to the City
Clerk prior to the event.
Carried (8-0)
Alderperson Coles absent from vote
Extension of Meeting:
By Alderperson Korherr: Seconded by Alderperson Cogan
RESOLVED, That Common Council extend the meeting to 11:30 p.m.
Ayes (4) Korherr, Cogan, Tomlan, Zumoff
Nays (4) Seger, Clairborne, Townsend, Gelinas
Failed (4-4)
Alderperson Coles absent from vote
Extension of Meeting:
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That Common Council extend the meeting to 11:20 p.m.
Ayes (7) Coles, Clairborne, Zumoff, Tomlan, Gelinas, Korherr, Cogan
Nays (2) Townsend, Seger
Carried
September 6, 2006
20
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
An Ordinance to Amend Chapter 232 of the City of Ithaca Municipal Code entitled:
“Licensing of Businesses & Occupations,” Regarding Taxi Cab Rates
By Alderperson Korherr: Seconded by Alderperson Gelinas
WHEREAS, the City of Ithaca wishes to encourage the provision of taxicab and livery
service in and throughout the City and the region, by the private sector, so that citizens
who do not own automobiles, and others, have an alternative means of transportation
available at any time, regardless of trip origin or destination, and
WHEREAS, the City of Ithaca has chosen to regulate and restrict the fares that may be
charged by the operators of taxicabs, in order to protect the users of such services from
inconsistent or excessive charges, and, in its regulations, has provided a mechanism for
the disposition of disputed fares, and
WHEREAS, the Community and Neighborhood Service Committee, at its February 8,
2006 meeting, approved the creation of a subcommittee to review taxi operations within
the City of Ithaca and in conjunction with the Town of Ithaca, to research taxi operations
and regulation throughout New York State and to develop a comprehensively revised
ordinance that provides for more effective regulation, in light of local factors within the
City and the Town of Ithaca, and
WHEREAS, the subcommittee has been meeting regularly but is not yet prepared to
recommend a comprehensively revised ordinance, and
WHEREAS, the most recent increase in taxicab fares ($0.25 per passenger per trip)
was approved by the Common Council on July 7, 2004, and
WHEREAS, according to data from the U.S. Department of Energy, Energy Information
Administration, the average price of regular conventional retail gasoline in New York
State, for the week of July 5, 2004, was $2.04 per gallon, and
WHEREAS, the cost of gasoline has risen dramatically over the past several years, and,
for the week of August 21, 2006, the cost for comparable fuel in New York was $3.05
per gallon, and
WHEREAS, gasoline is a significant component of the cost of operating a taxicab
service, which cost can be effectively recovered only through fares, and
WHEREAS, at least one company providing taxicab services within the City of Ithaca
has ceased operations, reportedly due to the unrecoverable higher costs of fuel, and the
economic necessity of making such recovery possible, without delay, has been
demonstrated, and
WHEREAS, other cities and states which regulate taxicab fares have struggled with this
same issue, and as a result have implemented a versatile schedule of fuel surcharges
that directly reflect the fluctuating costs of fuel and allow taxicab providers to recover
those costs, and
WHEREAS, the formula for calculating such fuel surcharges is typically arrived at by:
1. Estimating the average length of a taxicab ride;
2. Estimating the average gas mileage of a taxicab;
3. Selecting a “base date” (eg., the date of the most recent increase in regulated
rates);
4. Determining what the applicable cost of fuel was on the base date;
5. Calculating the cost of fuel per taxicab ride on the base date (average length
of ride divided by average gas mileage of taxicab multiplied by price of fuel on
base date)
6. Calculating the current cost of fuel per taxicab ride (average length of ride
divided by average gas mileage of taxicab multiplied by current price of fuel)
7. Subtracting #5 from #6 (and rounding off to nearest nickel or dime);
and
September 6, 2006
21
WHEREAS, the Public Utilities Commission (PUC) of the State of Pennsylvania, which
regulates taxicab fares on a statewide basis, has developed and implemented (as of
June 1, 2006) a Fuel Cost Recovery Surcharge based on the process described above,
which surcharge amounts to 5 cents per paying passenger per trip, for every 10-cent
per gallon increase in the cost of gasoline since the base date (the PUC having
determined that the average length of a taxicab trip is 6.8 miles, and that the average
gas mileage for taxicabs is 15 miles per gallon), and
WHEREAS, the adjacent State of Pennsylvania, with a mix of some urban and mostly
suburban and rural areas, can be considered comparable to New York State for the
purpose of establishing an equitable formula for calculating a flexible fuel surcharge;
now, therefore be it
ORDINANCE 06-
ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
SECTION 1. Chapter 232 (“Licensing of Businesses and Occupations”), Article VI
(“Taxicabs”), Section 232-70 (“Rates”), subsection A, entitled “Taxicab Zones and
Rates,” of the City of Ithaca Municipal Code, is hereby amended to read as follows:
A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as
shown on a map and schedules entitled "Taxicab Zones and Rates Schedules, City of
Ithaca," which said map and schedules, appended herewith, are hereby declared to be
a part of this article. Schedule A therein depicts the base zone charges, for one
passenger, for a trip between the designated zones. Schedule B depicts the fuel
cost recovery surcharge which may be added to the applicable base zone charge,
as set forth in subsection B, below. Except as otherwise provided in Subsection B
C below, the prices that may be charged by the owners or drivers of taxicabs for the
transportation of a passengers within the City shall not exceed the cumulative,
applicable amounts shown on said map and schedules, under the heading "Zone
Charges - One Passenger," or, for additional passengers, all as shown on said
schedules and as set forth in section C, below. At least once E every three years,
during the month of April, the amounts shown on said map and schedules will shall be
reviewed by Common Council to determine if the rate schedule in force at the time
remains appropriate. The following notice shall be conspicuously posted in full view of
passengers: “Rate maps and schedules for fares in the City of Ithaca, together with the
full text of the city's rate law and a copy of the most recent applicable fuel surcharge
confirmation, are available upon request from the driver of this taxicab, according to
City ordinance.”
SECTION 2. The following new subsection (“B”) is hereby added to and inserted into
Chapter 232 (“Licensing of Businesses and Occupations”), Article VI (“Taxicabs”),
Section 232-70 (“Rates”), of the City of Ithaca Municipal Code, after subsection A, and
the subsequent subsections are hereby re-lettered accordingly:
B. Fuel Cost Recovery Surcharge.
1. Effective October 1, 2006, a fuel cost recovery surcharge may be added to
the base zone charge for a taxicab passenger, subject to the following. This
surcharge is based on the following findings:
a. The estimated average length of a taxicab trip is 6.8 miles;
b. The estimated average gas mileage of a taxicab is 15 miles per gallon of
fuel;
c. Thus, the average taxicab trip uses .45 gallons of fuel;
d. The incremental effect, on the cost of an average trip, of each 10-cent
per gallon increase in the cost of gasoline, since the last adjustment of the
base zone rates, is deemed to be an additional 5 cents.
September 6, 2006
22
2. Based on the foregoing, a chart setting forth the applicable fuel cost
recovery surcharge at each level of current gasoline prices is included in
Schedule B of the aforementioned “Taxicab Zones and Rates.”
3. Using the chart in Schedule B, the amount of the applicable fuel surcharge
shall initially be determined as of October 1, 2006, and shall be determined
and adjusted as of January 1st, April 1st, July 1st and October 1st of each
year thereafter.
4. For the quarter commencing on each such effective date, the amount of the
surcharge shall be based upon the average, regular conventional retail
gasoline price per gallon in New York State, as reported by the U.S.
Department of Energy, Energy Information Administration (or its successor
agency), for the date which is 10 days before each of the effective dates set
forth immediately above.
5. The amount of the surcharge shall be confirmed, in writing, by the office of
the Controller of the City of Ithaca, at least 5 days before each of the
effective dates set forth above, which confirmation shall be made available
by that time at City Hall and on the City of Ithaca’s internet website.
6. No taxicab owner or driver may charge or collect any fuel surcharge
unless:
a. The surcharge sought is the surcharge amount then in effect;
b. The owner or driver has procured written confirmation by the
office of the City Controller, of the surcharge currently in effect; and
c. The owner or driver can display a copy of said confirmation to the
passenger, prior to collection of the fare.
SECTION 3. The “Taxicab Zones and Rates Schedule” appended to Chapter 232 of
the City of Ithaca Municipal Code is hereby replaced with the following:
Taxicab Zones and Rates Schedules, City of Ithaca
Map of Taxicab Zones, City of Ithaca
NOTES ON FARES, INCLUDING ADDITIONAL CHARGES:
1. One child age 5 or under can ride free if accompanied by adult.
2. Passengers age 65 or older receive a discount of $1.15 off regular fare.
3. Fuel surcharge as confirmed quarterly by City Controller may be added
to base zone charge.
4. $0.50 may be added to fare for each additional passenger of same party
and same destination.
5. Late night surcharge of $0.50 per passenger added for trips between
8:00 pm and 5:00 am.
6. Baggage: No charge for 1 travel bag and 2 suitcases (no larger than 2
feet by 2 feet by 6 inches), per passenger. Fee of $1.00 for each additional
or oversized piece of luggage under 25 pounds. Fee of $5.00 for each
additional or oversize piece of luggage over 25 pounds. Fee of $2.50 per
pair of skis. No charge for up to 5 paper grocery bags or up to 10 plastic
grocery bags. Fee of $0.25 per bag for each additional bag.
7. Driver may require pre-payment of all charges.
8. See Ithaca City Code, Chap. 232, Article VI (available from driver) for
complete regulations.
September 6, 2006
23
SCHEDULE A: Base Zone Charges - One Passenger
Departure Zone
1 2 3 4 5 6
Destination 1 4.60 5.10 5.10 5.10 5.60 5.60
Zone 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
NOTES:
1. Fuel Cost Recovery Surcharge may be added to base charge (See
Schedule B).
2. The charges shown in this Schedule are the same as those temporarily
approved by Common Council on July 11, 2004, and subsequently re-
enacted on April 5, 2006.
SCHEDULE B: Fuel Cost Recovery Surcharge (Added to Base Zone Charge)
FUEL COST PER GALLON AMOUNT OF SURCHARGE TO BE ADDED
(per US Dept of Energy data) TO APPLICABLE BASE ZONE CHARGE
below $2.10 $.00
$2.10 - $2.19 $.05
$2.20 - $2.29 $.10
$2.30 - $2.39 $.15
$2.40 - $2.49 $.20
$2.50 - $2.59 $.25
$2.60 - $2.69 $.30
$2.70 - $2.79 $.35
$2.80 - $2.89 $.40
$2.90 - $2.99 $.45
$3.00 - $3.09 $.50
$3.10 - $3.19 $.55
$3.20 - $3.29 $.60
$3.30 - $3.39 $.65
$3.40 - $3.49 $.70
$3.50 - $3.59 $.75
$3.60 - $3.69 $.80
$3.70 - $3.79 $.85
$3.80 - $3.89 $.90
$3.90 - $3.99 $.95
$4.00 - $4.09 $1.00
- Ad Infinitum –
NOTES:
1. Fuel surcharge amount is adjusted quarterly, as of January 1st, April 1st,
July 1st and October 1st of each year.
2. Surcharge cannot be collected unless taxicab driver can produce a copy
of a confirmation of current surcharge amount from the office of the City
Controller.
SECTION 4. 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 5. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
September 6, 2006
24
Alderperson Korherr explained the concept of a fuel cost recovery surcharge. Every
three months the fuel surcharge will be reviewed, and the City Controller will notify the
City Clerk and Taxi Companies of what surcharge may be charged. Common Council
will review this procedure every three years.
Alderperson Gelinas voiced his support for this interim solution.
Alderperson Korherr thanked the City Attorney’s office for their hard work in
incorporating all of this information into the ordinance.
Alderperson Townsend stated that this effort is not in response to the verbal threats; it is
addressing the need of a critical service in the community.
Alderperson Clairborne stated that this is good work, but problematic due to public
perception of City responding to verbal threats. He further noted that this ordinance
does not address some of the original concerns. The sub-committee had many items
nearly resolved. He further noted that the Individual Member Filed legislation process
versus committee process can cause confusion.
Call the Question:
By Alderperson Townsend: Seconded by Alderperson Coles
RESOLVED, That the question be called on the Ordinance to Amend Chapter 232 of
the City of Ithaca Municipal Code.
Carried Unanimously
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (8) Coles, Seger, Zumoff, Tomlan, Gelinas, Townsend, Cogan, Korherr
Nays (1) Clairborne
Abstentions (0)
Carried (8-1)
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Clairborne reported on the Recreation Partnership and stated that the
County may possibly remove funding in their budget for the Partnership.
ADJOURNMENT:
On a motion the meeting adjourned at 11:25 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor