HomeMy WebLinkAboutMN-CC-2006-11-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. November 1, 2006
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning and Development Director – Van Cort
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Mayor Peterson acknowledged the sudden passing of former District Attorney George
Dentes and offered condolences to the Dentes family and friends on behalf of the City
of Ithaca.
Quarterly Employee Recognition Award:
Mayor Peterson presented the Quarterly Employee Recognition Award to City Clerk
Julie Conley Holcomb for her coordination of the Ithaca High School Government Class
Project. This project included hosting approximately 150 High School students over a
3-day period. The students were provided with an overview of current and future
development projects in the City. They took a bus tour of those sites in addition to a
tour of Central Fire Station. The students were also provided with the City’s user
friendly budget and the budget narratives from 8 participating departments. They
developed excellent questions to discuss with the Department Heads in small working
groups that met after the tour.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing on the Proposed Disposition of Property, Cayuga Green
Project, Green Garage Movie Theater Parcel
Resolution to Open Public Hearing:
By Alderperson Seger: Seconded by Alderperson Korherr
RESOLVED, That the Public Hearing to Consider the Proposed Disposition of Property,
Cayuga Green Project, Green Garage Movie Theater Parcel be declared open.
Carried (6-0)
Mayor Peterson explained that this is only a public hearing, no action will be taken on
this item tonight as the item on the agenda is for discussion purposes only.
Community Development Director Nels Bohn reviewed the terms and conditions of the
proposed lease from the Ithaca Urban Renewal Agency (IURA) to Cayuga Green, LLC.
He explained that this would be a 15 year sublease with two 10-year extensions for
12,000 square feet of property located under the center portion of the Green Street
Garage. He further explained that the proposed lease agreement contains a
contingency for the City to reduce the rent owed by the developer should the theater
operator default on their rent, until another operator needs to be secured.
He further explained the authority of the IURA, and discussed the many projects that the
IURA has collaborated on with local businesses.
November 1, 2006
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Alderpersons Clairborne, Gelinas and Townsend arrived at the meeting at 7:10 pm.
Alderperson Berry arrived at the meeting at 7:15 pm.
The following people addressed Common Council:
Betsy Darlington, City of Ithaca, spoke in opposition to the issue as she feels that it is
very risky for the City to guarantee the loan for 7th Art.
Richard Darlington, City of Ithaca, spoke in opposition of the issue as he feels that
movie theaters may not survive the rapid expansion of technology.
Anne Clavel, City of Ithaca, stated that she originally intended to speak in opposition to
the issue, but upon conversation with the 7th Art operators she feels differently.
Lynne Cohen, Executive Director of 7th Art, thanked City officials for taking steps to
invest in and grow a local business. She stated that Fall Creek Pictures has been in
operation for 16 years and Cinemapolis has been operating for 20 years, and she feels
that 7th Art will be able to fulfill their mission in the proposed new location.
Jodi Cohen, President of the Board of 7th Art, stated that she is aware that there are
many difficult issues that need to be discussed and resolved. She stated that the 7th Art
Board has had extensive discussions about the risks involved in this project, but they
feel that the smaller theaters may not survive without the move to a larger facility. She
further noted that many other communities encourage corporate sponsorships to help
smaller businesses, and that the theater is discussing the potential of providing
community space.
John Graves, City of Ithaca, spoke in opposition of the City’s guarantee of a loan to the
developer’s tenants and noted that the project does not reduce greenhouse gas
emissions.
Patricia Zimmerman, City of Ithaca, Ithaca College Professor of Cinema, spoke in
support of the 7th Art theater proposal and stated that Ithaca needs to support the
sustainability of the media arts.
Tsvi Bokaer, City of Ithaca, stated that Fall Creek Pictures is in operation due to the
prior support of the IURA. He voiced concern regarding the future of the building and
the surrounding site if the operation is moved to downtown. He further spoke regarding
the risks involved in guaranteeing a loan.
Joel Harlan, Town of Newfield, spoke in support of the movie theater component of the
Cayuga Green Project.
Gary Ferguson, Ithaca Downtown Partnership, spoke in support of the project and the
investment in a local not-for-profit operation. He further spoke about the benefits that
the City would realize from having theaters downtown.
Resolution to Close Public Hearing:
By Alderperson Zumoff: Seconded by Alderperson Tomlan
RESOLVED, That the Public Hearing to Consider the Proposed Disposition of Property,
Cayuga Green Project, Green Garage Movie Theater Parcel be declared closed.
Carried Unanimously
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4.2 Public Hearing to Consider the 2007 Mayor’s Proposed Budget
Resolution to Open Public Hearing:
By Alderperson Cogan: Seconded by Alderperson Gelinas
RESOLVED, That the Public Hearing to Consider the 2007 Mayor’s Proposed Budget
be declared open.
Carried Unanimously
Olan Mack, Director of the Southside Community Center, addressed Common Council
to clarify information given during their budget session. He stated that the funds that
were in question are sales tax money, but they are drawn from a different pool of
money. He further stated that the funds requested from Tompkins County were to
assist with the Center’s deficit and for programming costs, not to fund the proposed
positions. Mr. Mack noted that with additional financial assistance from the City, he
would be able to create a part-time position that would allow the Center to stay open
longer and provide better service to the community.
Resolution to Close Public Hearing:
By Alderperson Gelinas: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to Consider the 2007 Mayor’s Proposed Budget
be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Neil Oolie, City of Ithaca, addressed Common Council regarding the lack of trust in
government and the election process. He encouraged people to become involved with
the new electronic voting machine selection process by calling the Tompkins County
Board of Elections to voice an opinion on the type of machines that should be
purchased. He further promoted the Green Party political candidates.
Rodney Sanford, City of Ithaca, stated that he is interested in being appointed to the
Disability Advisory Council (DAC), but his nomination has not been forwarded by the
Mayor to Common Council for consideration. He further stated that the Chair of the
DAC is in support of his appointment.
Joel Harlan, Town of Newfield, stated that he feels the decision to rename State Street
to Martin Luther King, Jr. Boulevard should be voted on by City and County residents.
Tsvi Bokaer, City of Ithaca, stated that he feels that the three minute public speaking
period is not enough time to discuss important topics such as the Cayuga Green Project
and the future of the Fall Creek Pictures site.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Zumoff responded to comments made regarding the new electronic voting
machines, and stated that neither the new nor the current technology is 100% accurate.
Alderperson Tomlan responded to comments made regarding the 3 minute public
speaking period, and stated that Council members are available to their constituents to
discuss issues at more length. She encouraged people to continue to communicate
with their elected representatives.
Alderperson Seger encouraged the public to watch for voting machine demonstrations
and public testing that have been hosted by the Tompkins County Board of Elections.
He further thanked Cornell University for their “In to the Streets” program and noted that
12 students did an excellent job of cleaning up the South Hill Recreation Way. He
further noted that the Design Review sub-committee is reviewing the current provisions
of the City Code and meeting bi-weekly with members of City staff to discuss potential
changes. He encouraged members of the public to attend the next meeting on Monday,
November 6, 2006 at 5:00 pm in Common Council Chambers.
Alderperson Berry thanked the speakers for sharing their thoughts. She expressed her
regret at missing the “In to the Streets” event. She stated that she had attended a
Memorial Service commemorating the 1 year anniversary of the death of former
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Alderperson Diann Sams. She voiced how important it is to the community to keep
Diann’s legacy alive.
CONSENT AGENDA ITEMS:
8.1 Request Increase for Employee Medical Flexible Spending Account -
Resolution
By Alderperson Zumoff: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca instituted a Flexible Spending Account for unreimbursed
medical expenses in April 2002, and
WHEREAS, the City had previously established a one thousand eight hundred dollar
($1,800) before tax limit for employee deductions, and
WHEREAS, the Flexible Spending Account for unreimbursed medical expenses has
been in effect for four years without incident, and
WHEREAS, the City Controller and Human Resources Director are therefore
recommending that the amount be raised from $1,800 to $2,000; now, therefore, be it
RESOLVED, That Common Council hereby authorizes a two hundred dollar ($200)
increase for the Flexible Spending Account, from $1,800 to $2,000 for unreimbursed
medical expenses.
Carried Unanimously
8.2 A Resolution of the City of Ithaca Providing for Execution of an Agreement
for Natural Gas Supply Pursuant to Public Bid Conducted by the Municipal
Electric and Gas Alliance as the Consultant of the City of Ithaca
By Alderperson Zumoff: Seconded by Alderperson Cogan
RESOLVED, That the office of the Mayor is hereby authorized and directed to execute
and deliver to the NYSEG Solutions Inc. an Agreement for natural gas supply service
and be it further
RESOLVED, That the conditions, price, duration and term, purpose and objective,
manner and extent of payments, organizational structure and manner in which personal
property shall be acquired, managed and disposed of, are set forth in the Agreement,
and be it further
RESOLVED, That the City of Ithaca may participate in the cooperative agreements to
procure services and products described in such Agreement, and that the Mayor is
hereby authorized and directed to execute the subject contract on behalf of the City.
Carried Unanimously
PLANNING, ECONOMIC DEVELOPMENT & ENVIRONMENTAL QUALITY
COMMITTEE:
9.1 Commitment to the Implementation of the 2006 Economic Development
Strategy for Tompkins County - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, the Economic Development Strategy prepared for Tompkins County
in 1999 included the formation of a Coordinating Committee responsible for
implementation of the strategy, and
WHEREAS, the Coordinating Committee includes representatives from the
following organizations:
Tompkins County Area Development
Tompkins County Industrial Development Agency
Tompkins County Workforce Investment Board
Tompkins County Chamber of Commerce
Tompkins County Convention and Visitors Bureau
Ithaca Downtown Partnership
City of Ithaca Department of Planning & Development
Ithaca Urban Renewal Agency
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Town of Ithaca Planning Department
Tompkins County Planning Department
Ithaca-Tompkins County Transportation Council
Cooperative Extension of Tompkins County
Tompkins County Municipal Officials Association, and
WHEREAS, the Coordinating Committee has been meeting quarterly to assess
progress toward implementation of the 1999 Economic Development Strategy for
Tompkins County and to ensure that all parties are fully aware of the challenges
and concerns facing committee members, and
WHEREAS, this committee structure has proved valuable in uniting the economic
development professionals in the community to provide mutual support and
assistance on shared economic development issues, and
WHEREAS, the process of updating and revising the County’s Economic
Development Strategy for the next five years is complete, bringing with it new
challenges and opportunities that can be more fully realized by formalizing the
role of the Coordinating Committee and converting it to an Economic
Development Collaborative with a mission to:
“Cultivate a prosperous and sustainable regional economy by
building the economic foundations, expanding opportunities, and
fully engaging the community in ways that reflect the community’s
strengths and values,”
and
WHEREAS, the goals of the strategy, which include increasing and diversifying
the County housing supply, improving County workforce and business skills, and
revitalizing unique commercial districts and town centers, are goals which are
shared by the City; now, therefore, be it
RESOLVED, That the City of Ithaca hereby supports the concept of the
Economic Development Collaborative and pledges to participate in strategies
that will lead to fulfillment of its mission.
Discussion followed on the floor with Alderperson Berry asking if small or micro-
business development is included in this strategy and whether people of color
are included on the Committee. Alderperson Tomlan responded that she did not
know who the specific agency representatives were, so she did not know if any
were people of color. Alderperson Seger suggested that representatives from
the Alliance for Community Empowerment be included on the Coordinating
Committee.
Amending Resolution:
By Alderperson Berry: Seconded by Alderperson Seger
RESOLVED, That a Resolved Clause be added to the Resolution to read as
follows:
“RESOLVED, That the City of Ithaca urges and supports the participation of
diverse groups such as women, LGBT, and people of color as fully engaged
participants in the coordinating committee and if such persons are not identified
as representatives from their agencies because those organizations may not
have people of color on their staff or boards, we respectfully ask that they include
the advice and counsel of Alliance for Community Empowerment (ACE), the
Multicultural Resource Center, and perhaps even Marcia Fort from GIAC, if she
is so willing.”
Alderperson Berry explained that Marcia Fort, Executive Director of GIAC and Audrey
Cooper, Director of the Multicultural Resource Center have a lot of deep connections in
the community, and they provide information and advice on diversity and inclusion
issues to various agencies.
November 1, 2006
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A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion As Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
9.2 Approval of Grant Application to the 2007 Recreational Trails Program for a
395-foot segment of the Six Mile Creek Trail System on the Gateway Property and
Affirmation of Public Support for the Project - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the New York State Department of Transportation, the Federal Highway
Administration and the New York State Office of Parks, Recreation and Historic
Preservation have announced the availability of grant funding under the Recreational
Trails Program, and
WHEREAS, Common Council is desirous of submitting an application to construct a
395-foot trail segment on the property known as the Gateway Property, which, in
conjunction with a 400+ foot segment constructed by the property owner, will serve as a
connector trail from the Six Mile Creek Promenade in the downtown core to the future
Winter Village Trail and through Six Mile Creek Natural Area to the Mulholland
Wildflower Preserve and the ten miles of trails therein, and
WHEREAS, the proposed project is part of larger downtown revitalization efforts such
as Cayuga Green at Six Mile Creek which includes a new parking garage constructed in
2005, mixed-use structures for housing, commercial and retail activities as well as the
Six Mile Creek Promenade and public plaza, and
WHEREAS, the Cayuga Lake Waterfront Plan, adopted by Common Council on July 5,
2006, identifies the Six Mile Creek Corridor as a Recommended Waterfront Project, and
WHEREAS, the proposed project will provide a unique urban-to-wilderness recreational
and educational experience for a variety of non-motorized users, and
WHEREAS, as per sheet L102, dated August 13, 2003, of the approved Site Plan for
the Gateway Property redevelopment, the property owner will construct an
approximately 400+ foot segment of the trail beginning at Green Street and will, at a
cost of $38,500, provide and install 11 lighting fixtures on the segment of the trail for
which the City seeks funding, and
WHEREAS, the proposed project, in conjunction with the segment installed by the
property owner, and directional signage on accessible sidewalks between the current
Six Mile Creek Promenade and the project site, will provide users with nearly one-half
mile of fully accessible trail; now, therefore, be it
RESOLVED, That H. Matthys Van Cort, as Director of Planning & Development for the
City of Ithaca, is hereby authorized and directed to file an application for funds from the
New York State Office of Parks, Recreation and Historic Preservation in accordance
with the provisions of the Recreational Trails Program, in an amount not to exceed
$100,000, 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 to install a
395-linear-foot segment of the Six Mile Creek Trail System on the Gateway Property,
and be it further
RESOLVED, That the total project cost is estimated to be $147,915 and that the local
share of this grant application will be provided by the property owner ($38,500) and the
City of Ithaca ($9,415).
City Attorney Hoffman explained that the entire length of the project would be built on
the City easement to allow the public use of the trail.
November 1, 2006
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Alderperson Tomlan stated that needed improvements to the creek wall and a railing for
the creek walk made the entire project cost prohibitive, so only a portion of the project
will be completed at this time.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Cayuga Green – Second Extension of Preferred Developer Agreement with
Bloomfield Interests - Resolution
By Alderperson Tomlan: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca (“City”) and the Ithaca Urban Renewal Agency (“IURA”)
are jointly undertaking a multi-phased, mixed-use urban infill development project
located in downtown Ithaca known as the Cayuga Green Project (“Project”), consisting
of parking, public open space improvements, and retail/commercial and residential
uses, and
WHEREAS, retail/commercial and residential components of the Project will be
implemented, in part, through IURA lease or sale agreements of portions of the Project
site with a preferred developer, who is also designated as a “qualified and eligible
sponsor” in accordance with Article 15, Section 507 of General Municipal Law, and
WHEREAS, on August 21, 2003, the IURA designated Bloomfield Interests as a
“qualified and eligible sponsor” for undertaking private-sector components of the
Project, and
WHEREAS, on September 3, 2003, the City designated Bloomfield Interests as the
preferred developer for the Project, and
WHEREAS, on December 15, 2003, the City and the IURA executed a Preferred
Developer Agreement (“PDA”) with Steven Bloomfield, Inc., an Ohio corporation doing
business as Bloomfield Interests, granting the preferred developer exclusive control of
certain portions of the project site through October 16, 2005, to determine feasibility of
the private sector components of the Project, and
WHEREAS, the City and IURA subsequently approved a one-year extension of the PDA
through October 16, 2006, and
WHEREAS, the project site defined in the PDA includes land area located below the
Green Street Garage (Tax Parcel #70.-4-5.2), subject to City acquisition, and
WHEREAS, the IURA and City have approved a lease and sales agreements with the
preferred developer for all portions of the project site located south of East Green
Street, but have not yet acted on a proposed lease to the preferred developer for the
City-owned commercial lease space located at the ground level of the Green Street
Garage, and
WHEREAS, since the one-year PDA extension, the Project has advanced significantly
toward implementation, including the following milestones:
City acquisition of land under the Green Street Garage
City authorization of increased funding for demolition of the helices,
reconstruction of the Green Street Garage, and construction of exterior walls
around the commercial lease space
IURA and City approval of modifications to the Project, including an increase in
the number of housing units and a reduction in the size of the movie theater
component, with the theaters relocated to the north side of Green Street at the
ground level of the reconstructed Green Street Garage
Tompkins County Industrial Development Agency approval of temporary, partial
tax abatements
Preferred developer execution of a Letter of Intent to Lease with a cinema
operator, 7th Art Corporation
Preferred developer report that they have secured a sufficient lender financing
commitment to undertake and complete the Project, and
November 1, 2006
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WHEREAS, the City will be considering a proposed action to lease the commercial
space located at the ground level of the Green Street Garage to the preferred
developer, but that such action will not be completed prior to October 16, 2006, when
the PDA expires, and
WHEREAS, extension of the PDA does not obligate the City or IURA to convey legal
interest in any land of the Project site to the preferred developer, but will prevent the
City from conveying legal interest in the Project site to any other developer during the
term of the agreement; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby approves a 12-
month extension, through October 16, 2007, of the Preferred Developer Agreement for
the Cayuga Green Project with Steven Bloomfield, Inc., and, be it further
RESOLVED, That the Mayor, upon review by City Attorney, is hereby authorized to
execute such agreement.
Ayes (8) Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas, Townsend,
Cogan
Nays (2) Berry, Korherr
Carried
9.4 Cayuga Green Phase III, Disposition of Property - Transfer Leasehold
Interest in Green Garage Movie Theater Parcel (at 116-128 E. Green Street; part of
Tax Parcel #70.-4-5.2) to Ithaca Urban Renewal Agency
Declaration of Lead Agency - Resolution
By Alderperson Tomlan: Seconded by Alderperson Seger
WHEREAS, the premises known as 116-128 E. Green Street, currently consisting of an
elevated, two-level parking garage (the “Green Street Garage”) and a parking area at
ground level, is owned by the City of Ithaca (“City”), and
WHEREAS, private-sector development of a multi-screen movie theater at the ground
level of 116-128 E. Green Street, below the center portion of the reconstructed Green
Street Garage, is a component of the public-private Cayuga Green Project, and
WHEREAS, the City proposes to convey a leasehold interest in an approximately
12,000-square-foot portion of said land beneath the Green Street Garage (i.e., the
“Green Garage Movie Theater Parcel,” a portion of Tax Parcel #70.-4-5.2) to the Ithaca
Urban Renewal Agency, in order to facilitate development of a multi-screen movie
theater at that location, and
WHEREAS, the Green Garage Movie Theater Parcel is further identified, generally, as
the “retail” area depicted on Sheet A1.3 “Partial Ground Floor Plan – Area B” of the final
construction plans for the “Green Street Parking Garage Renovations and Alterations,”
prepared by Hunt Engineers, Architects and Surveyors, Horseheads, NY, as amended
or revised, and
WHEREAS, the lease of less than 2.5 acres of City-owned land is an UNLISTED Action
under the City of Ithaca Environmental Review Ordinance and an UNLISTED Action
under the State Environmental Quality Review Act, both of which require environmental
review, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
Lead Agency for the environmental review of the action consisting of the proposed
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leasing of the Green Garage Movie Theater Parcel at 116-128 E. Green Street, Ithaca,
NY, to the Ithaca Urban Renewal Agency.
Ayes (8) Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas, Townsend,
Cogan
Nays (2) Berry, Korherr
Carried
B. Determination of Environmental Significance - Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the premises known as 116-128 E. Green Street, currently consisting of an
elevated, two-level parking garage (the “Green Street Garage”) and a parking area at
ground level, is owned by the City of Ithaca (“City”), and
WHEREAS, private-sector development of a multi-screen movie theater at the ground
level of 116-128 E. Green Street, below the center portion of the reconstructed Green
Street Garage, is a component of the public-private Cayuga Green Project, and
WHEREAS, the City proposes to convey a leasehold interest in an approximately
12,000-square-foot portion of said land beneath the Green Street Garage (i.e., the
“Green Garage Movie Theater Parcel”) to the Ithaca Urban Renewal Agency, in order to
facilitate development of a multi-screen movie theater at that location, and
WHEREAS, such conveyance is an UNLISTED Action under the City of Ithaca
Environmental Review Ordinance and an UNLISTED Action under the State
Environmental Quality Review Act, both of which require environmental review, and
WHEREAS, the City of Ithaca Conservation Advisory Council and other relevant entities
have been given the opportunity to comment on the proposed action and no comments
have been received to date on the aforementioned, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency in
environmental review, has, on November 1, 2006, reviewed and accepted as adequate
a Short Environmental Assessment Form, Part 1, submitted by the applicant, and Part
2, prepared by Planning & Development Department Staff, and other application
materials; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby determines that the
proposed leasing of the Green Garage Movie Theater Parcel, at 116-128 E. Green
Street, Ithaca, NY, to the Ithaca Urban Renewal Agency, will result in no significant
impact on the environment and that a Negative Declaration for purposes of Article 8 of
the Environmental Conservation Law be filed in accordance with the provisions of Part
617 of the State Environmental Quality Review Act.
Ayes (8) Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas, Townsend,
Cogan
Nays (2) Berry, Korherr
Carried
C. Approval to Transfer Leasehold Interest in Green Garage Movie Theater
Parcel (at 116-128 E. Green Street; part of Tax Parcel #70.-4-5.2) to Ithaca Urban
Renewal Agency - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
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, and retail/commercial and residential uses,
and
WHEREAS, retail/commercial and residential components of the Project will be
implemented, in part, through IURA lease or sale by the IURA of portions of the Project
site to a preferred developer, who has also been designated as a “qualified and eligible
November 1, 2006
10
sponsor” to lease and acquire property from the IURA in accordance with Article 15,
Section 507 of General Municipal Law, and
WHEREAS, on August 21, 2003, the IURA designated Bloomfield Interests as a
“qualified and eligible sponsor” for undertaking private-sector components of the
Project, and
WHEREAS, on September 3, 2003, the City designated Bloomfield Interests as the
preferred developer for the Project, and
WHEREAS, Bloomfield Interests has established the limited liability company, Cayuga
Green, LLC, to undertake the private-sector portions of the Project, and
WHEREAS, the IURA and City have approved the following private-sector components
of the Project to be undertaken by the preferred developer:
Use Proposed Uses
Retail/Restaurant/Office 39,000 sq. ft.
Multi-Screen Movie Theater 5 screens (approx. 12,000 sq. ft.)
Residential Apartments 68 units
For-Sale Housing 30-35 units, and
WHEREAS, the City, the IURA and the preferred developer have agreed to relocate the
multi-screen movie theater component of the Project to a portion of the City-owned land
beneath the reconstructed Green Street Garage at 116-128 E. Green Street, and
WHEREAS, implementation of the movie theater component of the Project will be
facilitated by the conveyance of a leasehold interest in the Movie Theater Parcel to the
IURA, for possible sublease of the same by the IURA to the preferred developer, and
WHEREAS, the Green Garage Movie Theater Parcel is located within the Urban
Renewal Project boundary, and the development of the movie theater component of the
Cayuga Green Project furthers the objectives of the Urban Renewal Plan, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency for
environmental review of the proposed conveyance of a leasehold interest to the IURA,
has completed said review and determined that said action will result in no significant
impact to the environment; now, therefore, be it
RESOLVED, That the City of Ithaca hereby authorizes the transfer of a leasehold
interest to the IURA in the Green Garage Movie Theater Parcel at 116-128 E. Green
Street (an approximately 12,000-square foot portion of Tax Parcel #70.-4-5.2), further
identified, generally, as the “retail” area on Sheet A1.3, “Partial Ground Floor Plan –
Area B” of the final construction plans for the “Green Street Parking Garage
Renovations and Alterations”, prepared by Hunt Engineers, Architects and Surveyors,
Horseheads, NY, as amended or revised, and be it further
RESOLVED, That the lease term shall not commence prior to substantial completion of
City improvements to the Movie Theater Parcel which are included in the City’s Green
Street Garage reconstruction project and shall extend for the duration of any City-
approved IURA sublease of the leased premises, and be it further
RESOLVED, That the IURA shall be reimbursed from the Green Street Garage
Reconstruction Capital Project for any expenses directly related to implementing the
transfer of a leasehold interest to the IURA, and be it further
RESOLVED, That the Mayor is hereby authorized to execute any and all agreements
and documents necessary to implement this resolution, following review of the same by
the City Attorney.
November 1, 2006
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Amending Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
RESOLVED, That a new Resolved clause be inserted as the second Resolved clause
to read as follows:
“RESOLVED, That said leasehold interest shall be expressed in a written lease, for a
term of 15 years, with options for two 10-year renewals, which lease shall also provide
that the IURA shall pay rent to the City in the same amount as the rent plus fees
actually received by the IURA pursuant to any City-approved IURA sublease(s) of the
leased premises minus a) an asset management fee paid by the sub-lessee(s), and b)
any reasonable out-of-pocket expenses incurred by the IURA in fulfilling the IURA’s
management and legal obligations pursuant to the City lease to the IURA and any City-
approved IURA sublease(s), and, be it further”
Discussion followed on the floor with Community Development Director Bohn explaining
the purpose of the disposition of land to the IURA, and clarifying that the expenses that
the IURA expects to incur would be costs such as insurance and minimal property
management expenses.
A vote on the Amending Resolution resulted as follows:
Ayes (8) Coles, Seger, Clairborne, Zumoff, Tomlan, Gelinas, Townsend,
Cogan
Nays (2) Berry, Korherr
Carried
Further discussion followed on the floor with Alderperson Korherr expressing her
concerns regarding the City’s risk in guaranteeing the loan, and the vacancy that will be
created in the Fifth Ward if Fall Creek Pictures moves to the downtown location. She
questioned what was being done to help the existing property owner to transition the
use of the building.
Alderperson Clairborne questioned whether there would be additional costs to the
project, and also voiced concerns about the Fall Creek Pictures facility and its future
use.
Mayor Peterson responded that the associated costs of the project are all included in
the legal notice that was published in The Ithaca Journal and included in the agenda
packet. She further stated that the City’s Economic Development Director will be
contacting Mr. Bokaer to offer assistance in this matter.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) Coles, Seger, Zumoff, Tomlan, Gelinas, Townsend, Cogan
Nays (3) Berry, Clairborne, Korherr
Carried
9.5 Proposed Disposition of Property, Cayuga Green Project, Green Garage Movie
Theater Parcel – Review of Public Hearing
Alderperson Tomlan stated that she believes that the transition of building use at the
Fall Creek Pictures site is vital for neighborhood health. She stated that the City’s
Economic Development Director understands these concerns and is willing to work with
the property owner on them.
Alderperson Cogan responded to comments made regarding the level of risk the City
would incur by guaranteeing the loan for 7th Art. He stated that the City evaluates the
project differently than a bank would. Instead of focusing on the amount of collateral
available, the City would focus on the potential success of the project. He views the
potential of this project as high because the business is currently doing well. The
potential loss to the City is uncollected rent on the space which is the status quo right
now, and he believes the benefit to the community is big.
November 1, 2006
12
Mayor Peterson encouraged Council members to contact City staff, IURA staff or the
City Attorney if they have further questions about the proposed project or would like
more information on the City’s and IURA’s history of loans to local businesses.
Discussion followed on the floor regarding the central location of the proposed theater
that makes it easier to get to without a car. Alderperson Gelinas expressed regret that
the project does not include a first-run theater as he feels that it would have drawn a lot
more people downtown. Further discussion followed regarding the decision making
process that was followed for this project.
Alderperson Berry questioned whether it was legal for the City to ask companies to
provide a non-compete clause with the 7th Art theater, and requested that the answer be
made available before the Special Common Council meeting being scheduled to
discuss this item.
Alderperson Clairborne expressed concern that the topic had not been discussed in a
single arena and that information was being shared and discussed in multiple
committees. He further questioned the language in the legal notice that referenced a
rent adjustment for the Cayuga Garage.
Recess:
Common Council took a brief recess at 9:35 pm
Reconvene:
Common Council reconvened at 9:45 pm.
CITY ADMINISTRATION COMMITTEE:
10.1 Adoption of 2007 Budget – Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2007 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2007 and
as those amounts may be altered by action of this Common Council at its November 1,
2006 meeting, are adequate for the operation of the City during 2007, now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2007, together with any additional changes made in said budget at
Council's November 1, 2006 meeting as the City of Ithaca Budget for 2007, in the total
amount of $51,816,966, and be it further
RESOLVED, That the following sections of the 2007 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) General Fund Revenues
F) Water Fund Revenues
G) Sewer Fund Revenues
H) Solid Waste Fund Revenues
I) Debt Retirement Schedule
J) Capital Projects
K) Schedule of Salaries and Positions - General Fund
L) Schedule of Salaries and Positions - Water & Sewer Fund
M) Schedule of Salaries and Positions - Solid Waste Fund
N) Authorized Equipment - General Fund
O) Authorized Equipment - Water Fund
November 1, 2006
13
P) Authorized Equipment - Sewer Fund
Q) Authorized Equipment - Solid Waste Fund
Alderperson Coles requested that City Controller Thayer explain the sales tax funding
sources that were referenced earlier by Mr. Mack, Director of the Southside Community
Center (SSCC).
City Controller Thayer explained that there are two sources of City sales tax funding that
are available to the Southside Community Center which is part of the City/County Sales
Tax Agreement that is currently in place: 2% of the previous year’s City sales tax
collection goes directly to the Southside Community Center through the City budget
process; and 20% of the City’s sales tax collection is given to the Tompkins County
Human Services Coalition for distribution to eligible City Human and Community Service
agencies.
The 2% funding equals $27,928. The Tompkins County Human Services Coalition has
awarded the Southside Community Center $9,131 in funding for programmatic needs.
The proposed 2007 City budget includes an additional $114,281 (that includes the
$8,406 that was approved at the 10/25/06 COW budget meeting), for programmatic
costs. In addition, the City has included $100,852 in the proposed 2007 budget for the
building maintenance budget for the Southside Community Center. These figures equal
a total of $252,192 proposed for the Southside Community Center funding, and
represents a 13.1% increase over the 2006 levels.
Mr. Mack confirmed that the $9,131 received from the Human Services Coalition was to
cover current program needs, and not to fund any new positions.
Amending Resolution:
By Alderperson Gelinas: Seconded by Alderperson Berry
RESOLVED, That $9,131 be added to the Southside Community Center budget to help
fund a new position that will allow the Center to provide more services and keep the
building open longer for use by members of the public.
Discussion followed on the floor regarding the needs of the Southside Community and
how service could be improved to the public.
Amendment to the Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Korherr
RESOLVED, That $2,494 be added to the $9,131 for a total of $11,625 to help fund a
Program Assistant, Receptionist, and Program Aide.
Discussion followed on the floor regarding the impact this Amendment would have on
the tax rate. City Controller Thayer responded that the tax rate would increase from
$13.59 to $13.60 per thousand dollars of assessed value, and that the tax levy would
increase from 6.35% to 6.43%.
A vote on the Amendment to the Amending Resolution resulted as follows:
Carried Unanimously
Amending Resolution
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Seger
RESOLVED, That the 3.5% increases to the Common Council and Mayor’s salaries be
removed from the budget to off-set the costs of the increased funding to the Southside
Community Center.
City Controller Thayer stated that the Mayor and Common Council salary increases
amount to $5,765 which would not be enough money to decrease the tax rate from
$13.60 to $13.59 per thousand dollars of assessed value.
November 1, 2006
14
Alderperson Cogan stated that he did not believe that the Mayor’s increase should be
removed from the budget, and that he did not believe this action would meet the goal of
decreasing the tax rate.
Amendment to the Amending Resolution:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That the budget be decreased by $3,706 that represents the Common
Council salary increase of 3.5%.
Alderperson Zumoff voiced his opinion that Common Council should receive regular,
small increases in salary rather than large increases that happen after several years of
no increases. Alderpersons Gelinas, Korherr and Berry concurred.
A vote on the Amendment to the Amending Resolution resulted as follows:
Ayes (4) Tomlan, Coles, Cogan, Townsend
Nays (6) Seger, Berry, Clairborne, Zumoff, Gelinas, Korherr
Failed
Amending Resolution:
A vote on the Amending Resolution resulted as follows:
Ayes (3) Tomlan, Coles, Townsend
Nays (7) Seger, Berry, Clairborne, Zumoff, Gelinas, Korherr, Cogan
Failed
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
The Adoption of the 2007 Budget Resolution – as Amended reads as follows:
10.1 Adoption of 2007 Budget – Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2007 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2007 and
as those amounts may be altered by action of this Common Council at its November 1,
2006 meeting, are adequate for the operation of the City during 2007; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2007, together with any additional changes made in said budget at
Council's November 1, 2006 meeting as the City of Ithaca Budget for 2007, in the total
amount of $51,828,591, and be it further
RESOLVED, That the following sections of the 2007 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) General Fund Revenues
F) Water Fund Revenues
G) Sewer Fund Revenues
H) Solid Waste Fund Revenues
I) Debt Retirement Schedule
J) Capital Projects
K) Schedule of Salaries and Positions - General Fund
L) Schedule of Salaries and Positions - Water & Sewer Fund
M) Schedule of Salaries and Positions - Solid Waste Fund
N) Authorized Equipment - General Fund
O) Authorized Equipment - Water Fund
November 1, 2006
15
P) Authorized Equipment - Sewer Fund
Q) Authorized Equipment - Solid Waste Fund
10.2 Adoption of 2007 Tax Rate – Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, the 2007 City of Ithaca Budget was approved, adopted and confirmed in
the total amount of $51,828,591 on November 1, 2006, in accordance with a detailed
Budget on file in the Office of the City Controller, and
WHEREAS, available and estimated revenues total $35,737,275 leaving $16,091,316
as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 2007 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $1,183,184,996, and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$21,051,050.00 for 2007; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2007, be, and
the same hereby is, established and fixed at $13.60 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2007 Tax Roll,
thereby making a total tax levy, as near as may be, of $16,091,316 and be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $13.60 per $1,000
of such taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $51,828,591 be appropriated in accordance with the
Budget adopted, to the respective Boards, Offices and Departments of the City, for the
purposes respectively set forth therein. The 2007 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $3,478,257,992
Less: Value of Exempt Property $2,319,724,700
$1,158,533,292
Plus: Value of Special Franchises 24,651,704
Net Value of Taxable Property $1,183,184,996
Mayor Peterson explained that this is the one item that she is allowed to vote on
pursuant to City Charter. She stated that she doesn’t support some of the changes that
have been made to the budget, and that this tax rate and tax levy are higher than she
wanted however, she will support this Resolution.
A vote on the Resolution resulted as follows:
Carried Unanimously (11-0)
Mayor Peterson voting Aye
November 1, 2006
16
10.3 Adoption of 2007 Ithaca Area Wastewater Treatment Plant Budget -
Resolution
By Alderperson Coles: Seconded by Alderperson Gelinas
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2007 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2007 and as those amounts may be altered by action of the Common Council at its
November 1, 2006 meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2007; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2007, together with any additional changes made in said
budget at Council’s November 1, 2006 meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2007, in the total amount of $2,635,291,
and be it further
RESOLVED, That the following sections of the 2007 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A Joint Activity Fund Appropriations
B Joint Activity Fund Revenues
C Schedule of Salaries and Positions – Joint Activity Fund
D Authorized Equipment – Joint Activity Fund
Carried Unanimously
10.4 Request to Establish Capital Project for Emergency Repairs at City Court
Facility - Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, the City Court Facility suffered extensive water damage during the
weekend of October 7-8, 2006 due to a failed water connection, and
WHEREAS, quick action from various city staff members saved thousands of dollars in
damage by issuing a contract to Service Master Inc. to start cleanup of the damage
immediately, and
WHEREAS, damage estimates are currently approaching $75,000 including damage to
telephone systems, computer systems, fire alarm systems, security systems and
building structure, and
WHEREAS, City insurance coverage should cover a majority of the damage repair less
applicable deductible, and
WHEREAS, this is considered an emergency project due to the unforeseen nature of
the damage; now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #701 City Court
Emergency Repair in an amount not to exceed $75,000 for the building repairs including
HVAC, telephone, fire alarm and other applicable system repairs, and be it further
RESOLVED, That funds necessary for said project shall be advanced from the General
Fund with later repayment by insurance recovery, and be it further
RESOLVED, That Common Council hereby declares this project an emergency
requiring immediate action which cannot await competitive bidding under section 103 of
General Municipal Law and directs the Superintendent of Public Works to enter into any
necessary contracts for said repairs.
Mayor Peterson noted that she received a complimentary letter from Russ Oechsle,
New York Judicial System regarding the exemplary and timely emergency work and
operations conducted by City staff, and for shared space that the Ithaca Police
November 1, 2006
17
Department has provided these last few weeks. She further noted that she has shared
this communication with the appropriate members of City staff who were involved in this
event.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.5 Supplemental Authorization of the Cayuga Waterfront Trail – Phase II -
Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, at their meeting on June 13, 2001 Common Council authorized Capital
Project #445 Cass Park Waterfront Trail in the amount of $425,000, and
WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL (PHASE II), P.I.N.
395024 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, with
a Transportation Enhancement Program (TEP) grant that calls for the apportionment of
the costs of such program to be borne at the ratio of 72.05% Federal funds and 27.95%
non-federal funds, and
WHEREAS, the City of Ithaca approved the TEP portion of the project on April 2, 2003,
by making a commitment of 100% of the non-federal share of the costs of Design, ROW
and Construction in the amount of $677,000, and
WHEREAS, estimated project costs have exceeded the amount authorized with the
TEP grant, and
WHEREAS, the Project is also eligible for funding under Title 23 U.S. Code, as
amended, with a SAFETEA-LU member item that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and 20% non-
federal funds, and
WHEREAS, the City of Ithaca desires to advance the abovementioned project; now,
therefore be it
RESOLVED, That the Common Council hereby approves the above-subject project,
and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of design, ROW
and construction work for the Project or portions thereof, and be it further
RESOLVED, That the sum, not to exceed $480,000, is hereby appropriated from the
issuance of serial bonds and made available to cover the cost of participation in the
SAFETEA-LU portion of the above phase of the Project, and be it further
RESOLVED, That Common Council hereby amends Capital Project # 445 Cass Park
trail to include the SAFETEA-LU portion of the Project costs in the amount not to
exceed $480,000, for a total project cost of $1,632,724, which represents Phase 1 and
Phase 2 of the three-phase project, and be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid-eligible
November 1, 2006
18
Project costs and all Project costs within appropriations therefore that are not so
eligible, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the SAFETEA-LU portion of the project to the City of Ithaca will be roughly 20% of
said portion, currently estimated at $96,000 of the $480,000 authorized for this portion
of the project, in monies and in-kind services as managed by the Superintendent of
Public Works and monitored by the City Controller, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and be it further
RESOLVED, This Resolution shall take effect immediately.
A vote on the Resolution resulted as follows:
Ayes (9) Coles, Seger, Berry, Zumoff, Tomlan, Gelinas, Townsend,
Korherr, Cogan
Nays (1) Clairborne
Carried
10.6 Approval of Just Compensation for Easements along Phase 2 of the Cayuga
Waterfront Trail - Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, the City of Ithaca, New York (hereinafter “City”), has authorized and
undertaken a project (hereinafter “project”) to design, acquire the right-of-way for,
construct and maintain the second phase of the multi-use Cayuga Waterfront Trail
(hereinafter “Trail”), and
WHEREAS, said second phase of the Trail is approximately 1.4 miles in length and is
intended to connect the first phase of the Trail (known as the Cass Park loop) to the site
of the Ithaca Farmers Market (where the third phase will begin), and
WHEREAS, the Trail in its entirety will consist of at least three phases and run for at
least six miles, along the southern end of Cayuga Lake, and will connect to other local
and regional routes for non-motorized transportation, and
WHEREAS, the Common Council of the City of Ithaca has proposed acquisition of
permanent easements across parts of certain properties in the City of Ithaca, County of
Tompkins and State of New York, along the proposed route of Phase 2 of the Trail, by
purchase or donation, for the purpose of accommodating and maintaining that portion of
the Trail, which properties consist of the following:
1. 708 W. Buffalo Street (tax map reference number 58.-4-2.2),
2. 704-06 W. Buffalo Street (tax map reference number 58.-4-10.2),
3. 704 W. Buffalo Street (tax map reference number 58.-4-1.2),
4. W. Court St (tax map reference number 52.-3-1.12),
5. 809 Cascadilla Street (tax map reference number 43.-2-11),
6. 808 Cascadilla Street (tax map reference number 43.-2-2.2),
7. 692 Third Street (tax map reference number 43.-2-1.42),
8. Third Street (tax map reference number 37.-1-4.2),
9. 693 Third Street (tax map reference number 37.-1-3),
10. 684 Third Street (tax map reference number 37.-1-4.1), and
11. Third Street (tax map reference number 37.-1-2)
and
WHEREAS, the City of Ithaca Planning and Development Board assumed lead agency
status for the purpose of conducting a review of the project as required pursuant to the
New York State Environmental Quality Review Act (“SEQRA”) and the City
Environmental Quality Review Ordinance (“CEQRO”), and
November 1, 2006
19
WHEREAS, in its capacity as lead agency, the Planning and Development Board
performed an environmental review of the project, which included preparing and filing a
Full Environmental Assessment Form (“FEAF”), including Part 3 and a Visual
Environmental Assessment Form Addendum, and, after due consideration, on
September 30, 2004, determined that the project will result in no significant impact on
the environment and therefore issued a negative declaration for the purposes of Article
8 of the Environmental Conservation Law, and
WHEREAS, in order to enter into negotiations with property owners for the acquisition of
the required easements and pursuant to the requirements associated with federal
funding approved for the project, the City of Ithaca must first determine just
compensation for said easements, in accordance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, and
WHEREAS, the City of Ithaca has received and reviewed certified appraisals of the
value of the easements sought with regard to each of the aforementioned properties,
now therefore be it
RESOLVED, That Common Council hereby authorizes the expenditure of up to
$250,000.00, in total, as just compensation for the acquisition of the aforementioned
easements for Phase 2 of the Cayuga Waterfront Trail, and for the associated costs of
such acquisition, and be it further
RESOLVED, That the Mayor is hereby authorized to determine the just compensation
amount for any or all of the owners of the aforementioned properties, and be it further
RESOLVED, That the Mayor is hereby authorized to negotiate and (following review by
the City Attorney) enter into agreements with any or all of the owners of the
aforementioned properties, for the acquisition of said easements, by purchase or by
donation.
Discussion followed on the floor regarding how this figure was established, and whether
the property owners concerns have been addressed regarding the alteration of the trail.
Further questions were raised regarding whether the property owners have received
copies of the appraisals.
Traffic Engineer Tim Logue explained that the trail is the preferred alternative that was
approved by the New York State Department of Transportation and the City Planning
Board.
Mayor Peterson clarified that this figure was based on property appraisals and is
earmarked for the acquisition of the easements and associated costs. She stated that
this is the beginning of the negotiating process with the property owners, and that the
appraisals cannot be released to the property owners until this Resolution is approved.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.7 Transfer of Funds for Payment of Flu Shots - Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, Cayuga Medical Center at Ithaca (the Medical Center) has developed a
program of services in occupational health, educational consult, injury prevention, and
rehabilitation therapy aimed to improve quality of employee health and to improve
workplace safety, and
WHEREAS, the Medical Center has offered to provide Flu Shot Clinics in City facilities
to meet our occupational health needs at a rate not to exceed $25.00 per employee,
and
November 1, 2006
20
WHEREAS, the Common Council has determined that assisting employees in obtaining
a flu shot, for the 2006 season, will be beneficial to employees and the work
environment, and
WHEREAS, the City has reserved 100 vaccinations from the Medical Center; now,
therefore, be it
RESOLVED, That Common Council hereby authorizes the payment of up to $25.00 for
City employees, not covered under another agreement, to receive or be reimbursed for
the shots received in the clinics available at City facilities or through another provider,
and be it further
RESOLVED, That the payment is contingent upon the signing of a Memorandum of
Understanding with the appropriate Collective Bargaining Units, and be it further
RESOLVED, That funds in the amount not to exceed $5,000 shall be transferred from
account A1990 Unrestricted Contingency to account A1430-5430 Human Resources
Fees to fund said vaccinations for 2006.
Carried Unanimously
Motion to Extend the Meeting:
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That the Common Council meeting be extended to 11:15 pm.
Carried Unanimously
10.8 A Local Law to Amend Chapter 90, Article X, Sections 90-67 and 90-68
entitled: “Employee Residency Requirements”
By Alderperson Coles: Seconded by Alderperson Korherr
Local Law # ___ - 2006
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1:
Section 90-67 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§ 90-67. Purpose and intent; definition of residency.
A. Purpose and intent. The City of Ithaca Common Council recognizes that a
residency requirement as a condition of employment as a department head or deputy
would result in the following: enhancement of the quality of employee performance by
greater personal knowledge of [the City’s] conditions in the City or the surrounding area
and a feeling of greater personal stake in the [City’s] progress of that local area, [an
increase in tax revenue to the City] and enhanced response in ready situations[, and a
general economic benefit to the Ithaca area and its citizens and businesses flowing from
local expenditure of employee salaries]. Therefore the Common Council determines that
the public need is sufficient to require that all City department heads and deputies hired
or promoted by the City on or after the effective date of the amendment of this article in
2006 be residents of [the City of Ithaca] Tompkins County.
B. Definitions.
(1) Residency shall be defined, for the purpose of this article, as the place of residence
where a person primarily lives, eats, sleeps, and maintains usual personal and
household effects, and where the person returns to whenever temporarily absent. To be
a [City] Tompkins County resident, and to fulfill the residency requirement, a person
shall not have a domicile outside [the City of Ithaca] Tompkins County.
(2) Deputy Department Heads shall be defined as those City employees whose jobs
require them to discharge the duties of their department head, in the absence or
incapacity of the department head, and who are listed on a roster of deputies to be
maintained by the Mayor, in consultation with the Human Resources department.
November 1, 2006
21
Section 2:
Section 90-68 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§ 90-68. Residency requirement; investigation; notice and waiver; enforcement.
A. Residency requirement.
(1) Except as as set forth below and as otherwise provided by law, the City of Ithaca
hereby establishes a residency requirement for all department heads and deputies [,
with the exception of Fire Department personnel and those who serve at the pleasure of
the Mayor]. Any [such employee] department head or deputy shall be a resident of [the
City] Tompkins County within one year of that individual's hiring or promotion and shall
continue to maintain residency within [the City] Tompkins County at all times during
such continued employment. The following persons are excepted from this requirement:
(a) Fire Department personnel;
(b) City employees who serve at the pleasure of the Mayor;
(c) Any current City employee [hired prior to January 1, 1992,] who has been
employed by the City for at least 10 years prior to the effective date of
amendment of this provision in 2006, who currently resides outside Tompkins
County and who [is] was not [currently] as of the date of such amendment a
department head or deputy;
(d) Any employee who [is] was a City department head or deputy as of the
effective date of [this article] the afore-mentioned amendment, and who
resided outside [the City as of September 1, 2002] Tompkins County as of the
effective date of said amendment.
(2) A nonresident may be hired or promoted to department head or deputy by the
City on the condition that the individual shall agree in writing to establish residency in
[the City] Tompkins County within one year of that individual's hiring or promotion and to
continue to maintain residency within [the City] Tompkins County at all times during
continued employment after such period. A prospective nonresident employee or
promotee shall additionally provide to the appointing authority a written timetable for
attaining residency, which shall be updated every ninety days following the individual's
hiring or promotion, concluding with a final status report thirty days prior to the
expiration of the one-year anniversary of that individual's hiring or promotion.
(3) Failure by any department head or deputy to maintain [City] residency in
Tompkins County during the period of employment or to establish residency within [the
City] Tompkins County within one year, subject to a six-month extension by Common
Council for reasons of hardship, after being hired or promoted, shall constitute a breach
of the employee's condition of employment and may result in the termination of the
employee, subject to an investigation of residency.
B. Investigation [of] and Hearing as to Residency.
(1) Should it be alleged that an employee is not in compliance with § 98-68[C] A of
this article, the [appointing authority] Mayor shall initiate an investigation and hearing
[by:] as set forth below. This procedure may be commenced upon the sole discretion of
the Mayor and shall be commenced in the event of a credible, third-party allegation.
(a) [Providing t] The employee shall be provided with written notice of the
alleged violation, allowing the employee seven calendar days in which to
respond;
(b) If there is a failure to respond or if, in the judgment of the [appointing
authority] Mayor, the response is not sufficient to satisfy the requirements of this
article, the [appointing authority] Mayor shall set a date to hear the charge of
non-residence;
(c) The employee shall be sent a written notice of the hearing date at least
fifteen calendar days prior to the hearing;
(d) As necessary, the Mayor may direct that an investigation be conducted
into the alleged violation, the results of which shall be presented at the hearing.
([d]e) The [appointing authority] Mayor shall appoint an individual with no
personal or professional stake in the outcome of the hearing to conduct the
November 1, 2006
22
hearing. The [appointing authority] Mayor shall in writing designate an individual
who for the purpose of the hearing shall be vested with all the powers of the
[appointing authority] Mayor and who shall refer the hearing record and his or her
recommendations to the [appointing authority] Mayor for review and decision;
([e]f) The hearing shall be held within 30 days after the employee's seven-
calendar-day response period set forth in Subsection B(1)(a) of this subsection
expires;
([f]g) Formal rules of evidence shall not apply, and the burden of proof shall be
upon the employee;
([g]h) The employee who is the subject of the hearing shall have a right to be
represented by counsel or other representatives of his/her choice;
([h]i) A record of the hearing shall be made.
(2) Should an employee establish residency within Tompkins County to the
satisfaction of the [appointing authority] Mayor, prior to the hearing date, it shall result in
a cancellation of the hearing authorized by this section.
(3) Should the [appointing authority] Mayor determine, following the hearing and
recommendation therefrom, that an employee is a nonresident in violation of this article,
the employee shall be notified in writing that [the individual] he or she has been deemed
to have voluntarily resigned from employment as of the date of the determination.
(4) Upon establishing or reestablishing residency within Tompkins County, an
individual having so resigned may apply for reinstatement to his or her former position,
which reinstatement shall be at the discretion of the Mayor.
C. Notice and posting. {Reordered – see NOTE} A copy of this article shall be
provided to each employee upon his or her initial appointment or promotion, and [A] a
copy of this article shall [also] be posted on all notice boards normally used for
employee communications. However, a failure to do so shall not affect the application
of this article to any employee appointed or promoted after its effective date.
{NOTE: Sentence requiring posting is currently the 3rd sentence of this section;
it is suggested that it be incorporated into the first sentence, so that the sentence
excusing failure to do so applies both to providing a copy to the employee at the
time of hiring AND to posting.}
D. Implementation and enforcement. The Mayor shall be responsible for the
implementation and enforcement of this article, including but not necessarily limited to
(1) ensuring that all candidates for affected positions are informed in advance of the
residency requirement, (2) following the progress of a new employee in complying with
said requirement and (3) carrying out any investigation and hearing regarding alleged
non-residence, as set forth above.
[D. Waiver of requirement. In the event that a majority of Common Council, upon
conferral with the Director of Human Resources and review by the appropriate standing
committee of Common Council, determines that there is a lack of applicants which
results in difficulty hiring or promoting a qualified person because of its residency
requirement, the provisions of § 90-68A and B may be waived with respect to an
incumbent of, or applicant to, a particular title.]
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If
any section, subsection, sentence, clause, phrase, or portion of this local law 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 local law.
Section 4. Effective and Operative Date.
This Local Law shall become operative immediately and shall take effect upon its
filing in the office of the Secretary of State.
City Attorney Hoffman explained the changes in the proposed Residency legislation
from the existing legislation.
November 1, 2006
23
Alderperson Coles acknowledged that not all Council members are completely happy
with this legislation, and that she views this Local Law as a compromise. She further
thanked Alderperson Townsend for his work on this issue.
Discussion followed on the floor regarding the Human Resources Department
perspective of a broadened hiring pool of candidates for managerial positions, and
whether Department Heads and Deputies are more responsive and sensitive to issues if
they live in the community they serve.
Alderperson Korherr expressed her support of the Local Law as long as the Mayor
includes customer responsiveness in her performance evaluations of Department
Heads.
Alderperson Zumoff stated that he could not support this Local Law as it would include
promotional opportunities for existing employees who would have to sell their homes
and up-root their families in order to be promoted.
Alderperson Tomlan stated that she could not find a compelling reason to enact this law
as she feels as if the City should look for more qualities in an employee other than their
place of residence.
Alderperson Clairborne stated that he felt that limiting the residency requirement to the
Town of Ithaca would be more of a compromise than to Tompkins County. He stated
that he understands the concerns regarding the hiring applicant pool, but feels that local
people have a faster response time and that they are more invested in the community.
Alderperson Berry stated that she supports the compromise but that she would like to
see the requirement move towards including only the City eventually.
Motion to Extend the Meeting:
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That the meeting be extended to 11:25 pm
Ayes (7) Coles, Seger, Clairborne, Zumoff, Tomlan, Korherr, Cogan
Nays (3) Gelinas, Townsend, Berry
Carried
A vote on the Local Law resulted as follows:
Ayes (6) Coles, Seger, Berry, Townsend, Korherr, Cogan
Nays (4) Clairborne, Zumoff, Tomlan, Gelinas
Carried
12. GOVERNANCE & INTERMUNICIPAL RELATIONS COMMITTEE:
An Ordinance to Amend Chapter 256 of the City of Ithaca Municipal Code entitled:
“Records, Public Access to”
By Alderperson Zumoff: Seconded by Alderperson Berry
WHEREAS, on July 26, 2006, the Legislature of the State of New York enacted
amendments (Chapter 182 of the laws of the State of New York), in particular paragraph
(b) of subdivision 1 and subdivision 3 of §89 of the Public Officers’ Law (Freedom of
Information Law), effective October 24th, 2006, and
WHEREAS, said new law provides that “All entities shall, provided such entity has
reasonable means available, accept requests for records submitted in the form of
electronic mail and shall respond to such requests by electronic mail…” and
WHEREAS, the Common Council of the City of Ithaca wishes to amend Chapter 256 of
the City Code to reflect said amendments by the State Legislature, as well as to update
said chapter in accordance with the New York Public Officers’ Law in general, now
therefore,
November 1, 2006
24
ORDINANCE NO. ____ 2006
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Chapter 256 of the City of Ithaca Municipal Code entitled: “Records, Public Access to” is
hereby amended as follows:
§ 256-1. Purpose.
The purpose of these regulations is to provide for the regulation of the examination of
public records in compliance with and subject to the provisions of the Freedom of
Information Law (Public Officers Law, Article 6) and to ensure the efficient operation of
governmental offices.
§ 256-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
AGENCY -- Any municipal board, bureau, commission, council, department, public
authority, public corporation, division, office or other governmental entity performing a
governmental or propriety function for the City of Ithaca.
PUBLIC ACCESS RECORDS OFFICER RECORDS ACCESS OFFICER -- The City
Clerk of the City of Ithaca located at Ithaca City Hall.
RECORD or RECORDS -- Any information kept, held, filed, produced or reproduced by,
with or for the City of Ithaca in any physical form whatsoever, including but not limited to
reports, statements, examinations, memoranda, opinions, folders, files, books, manuals,
pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms,
computer tapes or discs, rules, regulations or codes, tape recordings of official meetings
and documents.
A. STATISTICAL TABULATION -- A collection or orderly presentation of numerical
data logically arranged in columns and rows or graphically.
B. FACTUAL TABULATION -- A collection of statements of objective information
logically arranged and reflecting objective reality, actual existence or an actual
occurrence.
C. Opinions, policy options and recommendations do not constitute statistical or
factual tabulations.
§ 256-3. Procedure for access.
A. Requests to inspect or to obtain a copy of records in the custody of any officer or
employee of the city shall be submitted in writing, either in person during the City Clerk’s
regular business hours (i.e. 8:30 a.m. to 4:00 p.m.), or by mail, or via electronic mail
(email) to the public access records officer records access officer on a form to be
prescribed and furnished by such officer. Any email request for records submitted after
the City Clerk’s regular business hours shall be considered to have been filed on the
next business day. The records access officer shall make available to the public both
paper and electronic forms which can be used to submit a request for records. The
electronic forms shall be available on the internet at the city’s website. The use of such
form(s), however, is merely for purposes of convenience and is not mandatory in order
to obtain access to records. Records shall be available for inspection at the office of the
City Clerk or other location designated by the City Clerk on all regular business days
from 8:30 a.m. to 4:30 4:00 p.m.
November 1, 2006
25
B. If the records sought to be inspected or reproduced are being inspected by
another person, in the process of preparation, being used in official business or if the
requested inspection would unreasonably interfere with or disrupt office duties or
business operations, the public access records officer records access officer shall so
inform the person and shall specify a reasonable time when such records may be
inspected or reproduced.
C. Inspection and copying of records shall be conducted within the city offices office
under the supervision of the public access records officer records access officer or
his/her designee. There shall be a one-hour limit per day upon the inspection of one or
more records by any one person; provided, however, that the public access records
officer may, in his/her discretion, for good cause, extend such time limitation. The
person seeking to inspect records may make either handwritten copies of records or
use his/her own copying or reproduction equipment, but in no case shall such records
be removed from the premises. The public access records officer records access officer
may, in his/her discretion, shall furnish copies of any of the foregoing records at a
charge of $0.25 per page not exceeding 81/2 9 x 15 14 inches in size; provided,
however, that the public access records officer records access officer may, in his/her
discretion, for good cause, waive all or any portion of such charges for particular record
or class of records.
D. Payroll information, as provided in § 88 of the Public Officers Law, shall be made
available for inspection and copying in accordance with the provisions of such statute
and the regulations of the State Comptroller. A charge of $0.25 per page not exceeding
81/2 x 15 9 x 14 inches in size shall be made for each copy furnished by the agency;
provided, however, that the public access records officer records access officer may, in
his/her discretion, for good cause, waive all or any portion of such charges for a
particular record or class or records.
E. Papers larger than 81/2 x 15 9 x 14 inches in size and materials classified as
records in this section that require special duplicating methods may be copied by the
public access records officer records access officer or his/her deputy designee on
equipment available in City Hall at a charge in conformity with the cost of duplicating the
materials, such charge to be determined at the time of request for duplication. No
records may be removed by the person requesting the same from the custody of the
public access records officer records access officer for the purpose of duplication.
§ 256-4. Prevention of privacy invasion.
A. In accordance with the provisions of Subdivision 2 of § 89 of the Public Officers
Law and in conformity with such guidelines as may be promulgated by the Committee
on Open Government regarding the prevention of unwarranted invasions of personal
privacy, the public access records officer records access officer, in his/her discretion,
may delete from any record identifying details, the disclosure of which would result in
unwarranted invasion of personal privacy, prior to making such record available for
inspection or copying. In the event that one or more deletions is so made from any
document, the public access records officer records access officer shall provide written
notice of that fact to the person requesting the same. If the record is such that the
personal matters cannot be fully deleted without substantively affecting the record or the
identifying details cannot be effectively deleted, the public access records officer
records access officer shall deny access to such record as provided herein.
B. An unwarranted invasion of personal property privacy includes but shall not be
limited to:
(1) Disclosure of such personal matters as may have been reported in confidence to
an agency or municipality and which are not relevant or essential to the ordinary work of
the agency or municipality.
(2) Disclosure of employment, medical or credit histories or personal references of
applicants for employment, except that such records may be disclosed when the
applicant has provided a written release permitting such disclosure.
(3) Disclosure of items involving the medical or personal records of a client or patient
in a hospital or medical facility.
November 1, 2006
26
(4) The sale or release of lists of names and addresses in the possession of any
agency or municipality if such lists would be used for private, commercial or fundraising
purposes.
(5) Disclosure of items of a personal nature when disclosure would result in
economic or personal hardship to the subject party and such records are not relevant or
essential to the ordinary work of the agency or municipality requesting or maintaining
them.
(6) Information of a personal nature contained in a workers’ compensation record,
except as provided by section 110-a of the Workers’ Compensation Law.
C. Unless otherwise prohibited by law, disclosure of records shall not be construed to
constitute an unwarranted invasion of personal privacy when identifying details are
deleted; or when the person to whom a record pertains consents in writing to disclosure;
or when upon presenting reasonable proof of identity, a person seeks access to records
pertaining to himself or herself.
§ 256-5. Grant or denial of access.
The public access records officer records access officer or his or her designee shall,
within five business days of the receipt of a written request for a record reasonably
described, make such record available to the person requesting it, deny such request in
writing or furnish a written acknowledgment of the receipt of such request and a
statement of the approximate date which shall be reasonable under the circumstances
when such request will be granted or denied. If an agency determines to grant a request
in whole or in part, and if circumstances prevent disclosure to the person requesting a
record or records within twenty business days from the date of the acknowledgment of
receipt of the request, the city shall state, in writing, both the reason for the inability to
grant the request within twenty business days and a date certain within a reasonable
period, depending on the circumstances, when the request will be granted in whole or in
part. Upon receipt of payment of, or offer to pay the fee prescribed therefor, the public
access records officer records access officer shall provide a copy of such record and
certify to the correctness of such copy, if so requested, or, as the case may be, shall
certify that he/she does not have possession of such record or that such record cannot
be found after diligent search. Nothing in this chapter shall be construed to require any
entity to prepare any record not possessed or maintained by the City except those
records required to be maintained by law.
§ 256-6. Appeals.
Any person denied access to a record may, within 30 days, appeal such denial, in
writing, to the Mayor, who shall, within seven ten business days of the receipt of such
appeal, fully explain, in writing, to the person requesting the record the reasons for
further denial or provide access to the record sought. In addition, the public access
records officer records access officer shall forward to the New York State Committee on
Open Government a copy of such appeal and the determination thereon. If the Mayor
affirms or modifies the denial, he/she shall communicate his/her reasons, in writing, to
the person making the appeal and inform such person of his/her right to appeal such
affirmation or modification pursuant to Article 78 of the Civil Practice Law and Rules.
§ 256-7. List of records.
A. The public access records officer records access officer shall maintain and make
available for inspection and copying at his/her office a current list, reasonably detailed
by subject matter, of the types of records produced, filed or first kept in the office on and
after the first day of January 1977. Such list shall be in conformity with such regulations
as may be promulgated by the New York State Committee on Open Government.
B. The city shall maintain a record of the final vote of each member in every city
agency proceeding in which the member votes.
C. The city shall maintain a record setting forth the name, public office address, title
and salary of every officer or employee of the agency.
November 1, 2006
27
§ 256-8. Exemptions.
Notwithstanding the provision of § 256-1, this chapter shall not apply to information
that is the city may deny public access to records or portions thereof that:
A. Are Sspecifically exempted from disclosure by state or federal statute; or
B. Confidentially disclosed to an agency and complied and maintained for the
regulation of commercial enterprise, including trade secrets, or for the grant or review of
a license to do business and which, if openly disclosed, would permit an unfair
advantage to competitors of the subject enterprise, but this exemption shall not apply to
records, the disclosure or publication of which is directed by other statute; or Are trade
secrets or are submitted to the city by a commercial enterprise or derived from
information obtained from a commercial enterprise and which if disclosed would cause
substantial injury to the competitive position of the subject enterprise; or
C. If disclosed, would constitute an unwarranted invasion of personal privacy
pursuant to the standards of set forth in § 256-4B of this chapter; or
D. Part of investigatory files compiled for law enforcement purposes. Are compiled
for law enforcement purposes and if disclosed would either jeopardize a pending
criminal investigation, identify a confidential source, or reveal investigative techniques or
procedures which are not routine techniques or procedures; or
E. If disclosed could endanger the life or safety of any person; or
F. If disclosed would impair present or imminent contract awards or collective
bargaining negotiations; or
G. Are inter-agency or intra-agency materials which are not statistical or factual
tabulations of data; instructions to staff; final agency policy or determinations; or
external audits, including but not limited to audits performed by the State Comptroller
and the federal government; or
H. Are examination questions or answers which are requested prior to the final
administration of such questions; or
I. If disclosed, could jeopardize the City’s capacity to guarantee the security of its
information technology assets, such assets encompassing both electronic information
systems and infrastructures; or
J. Are photographs, microphotographs, videotape or other recorded images prepared
under authority of section 1111-a of the Vehicle and Traffic Law; or
§ 256-9. Nothing in this chapter shall require the disclosure of the home address of an
officer or employee, former officer or employee, or of a retiree of the public employees;
retirement system; nor shall anything in this chapter require the disclosure of the name
or home address of a beneficiary of a public employees’ retirement system or of an
applicant for appointment to public employment; provided however, that nothing in this
section shall limit or abridge the right of an employee organization, certified or
recognized for any collective negotiating unit or an employer pursuant to article 14 of
the Civil Service Law, to obtain the name or home address of any officer, employee or
retiree of such employer, if such name or home address is otherwise available under
this chapter.
Section 2.
SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions
of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
November 1, 2006
28
Section 3.
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
Alderperson Zumoff explained that this legislation updates the City’s current legislation
to reflect current practices and to include the new mandate from New York State that
requires the City to receive and respond to FOIL requests via electronic mail.
Alderperson Coles questioned the urgency of this legislation as she feels that it
deserves full consideration and the meeting has already been extended twice.
City Attorney Hoffman stated that he felt this legislation could wait another month for
consideration as the City is already in full compliance with the new regulations.
Motion to Table:
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That this item be tabled until the December 6, 2006 Common Council
meeting.
Ayes (6) Coles, Seger, Tomlan, Townsend, Korherr, Cogan
Nays (4) Zumoff, Clairborne, Berry, Gelinas
Carried
MAYOR’S APPOINTMENTS:
16.1 Resolution to Recommend City Representative to the Board of Directors
of TCAT, Inc.
By Alderperson Korherr: Seconded by Alderperson Berry
WHEREAS, Tompkins Consolidated Area Transit (TCAT), Incorporated was formed to
provide enhanced public transportation services to Tompkins County, and
WHEREAS, the TCAT, Inc. By-Laws indicate that the TCAT, Inc. Board of Directors
must choose three representatives from Cornell University, three representatives from
Tompkins County and three representatives from the City of Ithaca based upon the
respective recommendations of each of these organizations, and
WHEREAS, the TCAT By-Laws require that representatives from the partners be
appointed to staggered terms so as to maintain institutional memory, now, therefore be
it
RESOLVED, Common Council recommends Daniel Cogan to the TCAT, Inc. Board for
a term to expire on December 31, 2009.
Carried Unanimously
16.2 Resolution to Appoint City Representatives to the Tompkins County
Council of Governments (TCCOG)
By Alderperson Korherr: Seconded by Alderperson Berry
WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting
to discuss ways the local governments could work together to reduce costs to the
residents; and
WHEREAS, the Committee has learned that other Counties have created a Council of
Governments made up of local government officials; and
WHEREAS, the Tompkins County Counsel of Governments is intended to be an
association of local governments organized to provide a forum for discussion, study,
and negotiation leading to agreements for more efficient, improved, or more cost
effective delivery of government services; and
WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council
of Governments; now, therefore, be it
November 1, 2006
29
RESOLVED, That Mayor Carolyn K. Peterson is hereby approved as the voting
member for the City of Ithaca of the Tompkins County Council of Governments; and be
it further
RESOLVED, That Maria Coles is appointed as the alternate voting member.
Carried Unanimously
Youth Bureau Board:
By Alderperson Korherr: Seconded by Alderperson Berry
RESOLVED, That Royal Westwater be appointed to the Youth Bureau Board to fill a
vacancy with a term to expire December 31, 2009, and be it further
RESOLVED, That Ashlee Martinez be appointed to the Youth Bureau Board to fill a
vacancy with a term to expire December 31, 2009, and, be it further
Ithaca Housing Authority:
RESOLVED, That Ann Bantuvanis be reappointed to the Ithaca Housing Authority
Board with a term to expire October 17, 2011, and, be it further
Parks Commission:
RESOLVED, That Suzanne VanDeMark be appointed to the Parks Commission to fill a
vacancy with a term to expire December 31, 2008.
Carried Unanimously
REPORT OF CITY CONTROLLER:
City Controller Thayer thanked the Mayor, Common Council, the Department Heads,
and his staff members for all of the hours that were put in to the budget process.
He further reported that sales tax collections are weakening, and that the City is
currently approximately $200,000 over the 2006 budget projections.
Mayor Peterson thanked City Controller Thayer for all of his hard work in putting the
budget together.
Alderperson Berry left the meeting at 11:25 pm.
MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of Minutes - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That the minutes of the July 26, 2006 Committee of the Whole Meeting be
approved as published, and, be it further
RESOLVED, That the minutes of the August 2, 2006 Regular Common Council Meeting
be approved as published, and, be it further
RESOLVED, That the minutes of the September 6, 2006 Regular Common Council
Meeting be approved as published, and, be it further
RESOLVED, That the minutes of the September 27, 2006 Special Common Council
Meeting be approved as published, and, be it further
RESOLVED, That the minutes of the October 4, 2006 Regular Common Council
Meeting be approved as published.
Carried Unanimously (9-0)
ADJOURNMENT:
On a motion the meeting adjourned at 11:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor