HomeMy WebLinkAboutMN-CC-2007-01-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. January 3, 2007
PRESENT:
Mayor Peterson
Alderpersons (8) Coles, Seger, Berry, Tomlan, Zumoff, Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Deputy Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Fire Chief – Wilbur
Deputy Economic Development Director – DeSarno
Police Chief – Signer
Building Commissioner - Radke
EXCUSED:
Alderpersons Gelinas and Clairborne
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested that Item 15.1 be moved up to after the Consent Agenda
items.
No Council member objected.
Community and Neighborhood Services Committee:
Alderperson Korherr requested the addition of Item 9.3 Proposal to Modify Temporary
Off-Leash Dog Area, and to Identify Potential, Suitable Locations for a Permanent Off-
Leash Dog Area on City-Owned Lands; Designation of Lead Agency - Resolution
No Council member objected.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Nathan Shinagawa, 4th District Legislator reported on the following issues:
- Tim Joseph has been re-elected as Chairperson, and Leslyn McBean-Clairborne has
been re-elected as Vice Chairperson of the Tompkins County Legislature
- A new committee was appointed to lead the Health Department Building Project.
Frank Proto has been appointed Chair of this committee.
- The Tompkins County Legislature passed legislation that rejected the Berger
Committee Report
- The Tompkins County Regional Airport underwent a review by the FAA and no
problems were identified.
- Nathan Shinagawa has been appointed Chair of the Health & Human Services
Committee
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Frank Proto, Tompkins County Legislator, addressed Council to lend his support to the
City’s resolution regarding Lakeside Nursing Home and the rejection of the Berger
Commission Report. He further thanked the City for its commitment to purchase bio-
diesel fuel.
January 3, 2007
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John Graves, City of Ithaca, addressed Council in support of the proposed Emergency
Notification Resolution.
Merry Jo Bauer, Town of Ithaca, addressed Council in support of a fenced-in, off-leash
dog park.
Ken Zesserson, Town of Ulysses, addressed Council regarding the success of the off-
leash dog park and stated that he believes that dogs and birds can co-exist.
Carol Malison, Town of Newfield, addressed Council in support of the City’s resolution
to reject the Berger Commission Report and urged everyone to do what they can to
keep Lakeside Nursing Home open.
Joel Harlan, Town of Newfield, addressed Council in support of efforts to keep Lakeside
Nursing Home open; the development of the Southwest Urban Neighborhood; and the
tax-exempt status of Cornell University.
Susanne Morgan, City of Ithaca, addressed Council in support of an off-leash dog park
and urged support in the effort to keep Lakeside Nursing Home open.
Doria Higgins, Town of Ithaca, addressed Council in opposition to the use of the
Festival Lands as an off-leash dog park and stated that she supports the effort by New
York State Parks to acquire that parcel of land.
Betty Falcao, City of Ithaca, addressed Council in support of the resolution to reject the
Berger Commission Report to close Lakeside Nursing Home. She further stated that
New York State Legislature can still take action regarding the report.
Mark Whitmore, City of Ithaca, thanked Council for addressing the issue of the dog
park; however, he voiced concerns regarding the migratory and grass nesting birds that
inhabit the area. He recommended putting up a fence to exclude the grasslands from
the off-leash dog park area.
Kenny Christianson, City of Ithaca, addressed Council in support of a SEQR review of
the off-leash dog park area and in support of the resolution opposing the closing of
Lakeside Nursing Home.
Tony Ingraham, Town of Ithaca, addressed Council in support of the SEQR process for
the proposed off-leash dog park and stated that it is important to maintain an area for
the migratory birds. He further voiced his support of fencing the area.
Herb Engman, Town of Ithaca, addressed Council to share his observances of the use
of the off-leash dog park area. He stated that he supports the SEQR review of the
proposed dog park area.
Neil Oolie, City of Ithaca, addressed Council regarding paperless electronic voting
concerns, and global warming concerns.
Ken Friedman, Village of Cayuga Heights, addressed Council to thank them for the
temporary off-leash dog-park. He voiced his support of the SEQR review for a
permanent site, but stated that a credible proposal needs to be developed.
Betsy Boush, City of Ithaca, addressed Council in support of an off-leash dog park and
spoke about the bird habitat in the grasslands, the shoreline and the Hog’s Hole area.
She stated that she has not seen a significant impact on the birds in that area as a
result of the off-leash dog park.
Brian Zapf, Seneca County, addressed Council in support of the off-leash dog park and
stated that he recognized the temporary nature of the park pending permanent site
location and SEQR review. He further voiced his support of protecting the natural
areas.
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Linda Russo, City of Ithaca, addressed Council to recommend that a panel be
established to discuss the competing uses of the Festival Lands.
Carla Shafer, City of Ithaca, addressed Council in support of an off-leash dog park and
voiced her sensitivity to concerns regarding birds and the best long term use of the
area. She would like to see minimal fencing due to visual impacts, as well as an active
educational program.
David Nutter, City of Ithaca, addressed Council regarding the wildlife value of the
Festival Lands. He stated that he supports the SEQR process as well as a well defined
area for the off leash dog park along with enforcement of the rules.
Jud Kilgore, Medical Director of Lakeside Nursing Home, addressed Council to let them
know that Lakeside Nursing Home is a wonderful resource for Cayuga Medical Center
while people convalesce. He further stated that the Berger Commission made their
recommendations based on outdated information.
Nathan Shinagawa, Tompkins County Legislator, addressed Council to inform them that
the Berger Commission Report has wide implications for the State. He stated that
members of the Tompkins County Legislature would attend the NYS Assoc. of Counties
meeting to speak on this topic.
Scott Lawhead, City of Ithaca, addressed Council in support of an off-leash dog park.
He stated that he also enjoys bird watching with his kids and enjoys the multi-use of the
park.
Megan MacCallum, Town of Freeville, addressed Council in support of an off-leash dog
park and the open process that involved public input.
Lucia Sacco, Town of Ithaca and Admissions Coordinator of Lakeside Nursing Home,
addressed Council in support of the City’s resolution rejecting the Berger Commission
Report and stated that the report’s conclusions are flawed.
Dooley Kiefer, Village of Cayuga Heights, addressed Council in support of the City’s
resolution rejecting the Berger Commission Report. She further stated that she
supports the SEQR review process for the off-leash dog park.
Pam Mackesey, City of Ithaca, addressed Council in support of Lakeside Nursing Home
and stated that she supports an off-leash dog park, but not in the Festival Lands area.
Guy Gerard, City of Ithaca, addressed Council regarding the Water Treatment Plant and
stated that a decision should be made by the Mayor and Common Council, not the
Board of Public Works.
Connie Stirling, Town of Ithaca, addressed Council in support of Lakeside Nursing
Home and rejection of the Berger Commission Report.
Joyce Gerbasi, Town of Dryden, addressed Council in support the SEQR process for
the off-leash dog park area and the need for fencing in the area.
Alicia Plotkin, Town of Ovid, addressed Council in support of Lakeside Nursing Home.
She thanked Council for the time spent on the dog park issue, and stated that she
supports the creation of an off-leash dog park and the SEQR process.
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PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles provided an update on the War in Iraq: 3,004 American casualties,
250 casualties from other countries, 50,000 non-mortal casualties, 50,000-100,000 Iraqi
casualties.
Alderperson Coles further stated that she has spent many hours at Lakeside Nursing
Home with her family. She stated that the closing of the facility would be enormous
hardship for residents of the City and she hopes that Council’s proposed resolution will
have an impact on that decision.
Alderperson Zumoff thanked the speakers for their comments. He stated that Common
Council members listen to all comments and consider them very seriously.
Alderperson Korherr thanked the speakers for their comments. She responded to
comments made about the dog park and stated that land use issues are complicated.
She also responded to comments made regarding Lakeside Nursing Home.
Alderperson Cogan thanked the speakers for their comments. He responded to
comments made regarding the dog park and explained the actions that Common
Council took at their October 4, 2006 meeting. He stated that Common Council does
not encourage dog walkers to break the laws in other parts of the city.
Mayor Peterson presented her State of the City address as follows:
State of City Address January 3, 2007
“Our city administrative legislation states that the Mayor address the Council at the first
regular meeting of the year with “respect to the needs and resources of the city,
including such programs and proposals for the good of the city as he/she may wish to
recommend.” 2006 was a very busy year for the City of Ithaca, and looking back one
year at this same time, much progress has been made on the items listed in the 2006
State of the City Address.
First and foremost I wish to acknowledge our city employees. The work plans and
policies established by the Common Council could not be carried out without the hard
day-to-day work of the people who work for the City of Ithaca. I thank the thirteen
departments and their respective department heads for carrying out the policies. And
finally, appreciation to Common Council; 2006 included many long meetings and difficult
decisions.
Secondly, I am looking forward to 2007 as the year of cooperative partnerships. The
work of the City/Town study group for shared services or consolidation has had an
enthusiastic start. The research includes the history behind this topic as well as a hard
look at the possibilities of shared services/consolidation opportunities in 2007. The work
is anticipated to be completed by the end of this year. The City is also an active member
in the newly formed Tompkins County Council of Governments. Working in concert with
the other municipalities can only bring progress and cooperation to many issues that we
jointly face. The City is embarking on a new relationship with Cornell University with its
new administration. The City is vitally interested, and active, in the university’s master
plan process and community economic assessment. A key community partnership
included discussions in 2006 with young people of color to hear about their experiences
in Ithaca. Additionally, many issues regarding racism and class arose during
deliberations regarding the Doctor Martin Luther King street naming. These issues are
important to the City of Ithaca. Next steps will include a meeting with leaders in our
community to identify key areas to focus on in 2007. Lastly, a theme of our new
Governor, Eliot Spitzer, is to revitalize and rebuild the economy and presence of New
York State. This must include State support of cities. Fiscal pressures, including new
State mandates, continue to impact finances in cities. Restoring State aid to levels
commensurate with the late 1980s, support of urban centers and infrastructure, and
statewide economic future plans will all improve the outlook for Ithaca.
Partnerships have strengthened interdepartmentally in the City as well. Multi
department efforts that will continue this year include new, more efficient processes in
January 3, 2007
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the building department, continuing the training citywide of all employees in the Federal
Emergency Management Administration Incident Command System, and the
Commercial Driver License program held at GIAC. Cooperative training and
relationships with the county-wide dispatch center will be key to fire and police services
in 2007.
Third, housing-quality, quantity, and affordability- will continue to be a priority for the
City, in partnership with the county, the town, and other public and private entities. The
lack of housing not only affects quality of life for people in our community, but has also
been noted as a top need for improvement related to countywide economic
development. In conjunction with the Ithaca Urban Renewal Agency, the public and
private portions of the Cayuga Green projects will continue with significant progress. A
resolution to the cleanup and improvement of the Ithaca Gun site is also a top priority.
A quick review of the 2006 message indicated several special committees--the review of
proposals for Inlet Island, the state and future of Collegetown, a committee to analyze
the infrastructure of the Commons, and a parking management team. In early 2007,
review of Inlet Island proposals continues with a preferred developer, and the
Collegetown Vision Statement will be released. Parking management is a continuous
topic and the parking committees will be ongoing. In 2007, top priorities that involve
special committees include continued work on the implementation of the Southwest
Vision plan through a request for qualifications due this spring, creation of the Local
Action Plan committee to oversee initiatives for the city that will reduce our greenhouse
gas emissions, and work on the newly formed committee on youth violence. The Public
Information Officer Team will be expanded as the city seeks next steps in improved
communications, both internal and external, by selecting a few options to implement in
early 2007.
The City’s financial outlook has been improving. This has allowed the city, through our
budget decisions, to begin to catch up to the losses from State aid nearly 15 years ago.
We look forward to significant infrastructure improvements this year—for the first time in
years, street work will make a noticeable impact, a new sidewalk crew will improve the
pedestrian infrastructure, the Commons infrastructure committee will continue in 2007,
and citywide building systems improvements through energy performance contracting
are anticipated. The City will make a decision in the Spring on a solution for
replacement of the aged Water Treatment Plant. Progress is anticipated on a number of
trails in the community: the Waterfront Trail, the Black Diamond Trail, and the Gateway
trails. A plan for dredging of the Inlet and other streams will be started this year.
Additionally, the City has retained its bond rating with Moody’s, placing Ithaca in the top
6 cities in New York State.
As I mentioned above, this incredible amount of work can only be achieved with
partnerships. Working together as an elected body with the City employees, or as a City
with a county, or as a City with the public, or as a City with our many neighbors—
whether business, educational, or non-profit-will be the key to success this year.”
Mayor Peterson reported that she would be making changes to the standing committee
structures that would take effect in February. The new standing committees will be:
City Administration Committee Environmental & Neighborhood Quality
Planning & Economic Development Communication and Emergency Services.
Special Committees: Charter Review
Zoning & City Comprehensive Plan.
RECESS:
Common Council recessed the meeting at 9:10 p.m.
RECONVENE:
Common Council reconvened into regular session at 9:20 p.m.
January 3, 2007
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CONSENT AGENDA ITEMS:
City Administration Committee:
Finance/Controller – Designation of Official Newspaper - Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be
and is hereby designated as the official newspaper of the City of Ithaca for the year
2007.
Carried Unanimously
Finance/Controller – Collateral to Secure Deposits - Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
RESOLVED, That the collateral deposited by the Tompkins Trust Company, Bank of
America and M&T Bank as reported, be approved as to form and sufficiency.
Carried Unanimously
Finance/Controller – Public Employee’s Blanket Bond - Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
RESOLVED, That, pursuant to Section 11 of the Public Officers Law, the following
Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all
respects for the year 2007.
Faithful Performance Blanket $250,000 National Grange
Bond Coverage Mutual Insurance Co.
Carried Unanimously
Finance/Controller – Designation of Common Council Meetings- Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
RESOLVED, That the regular meetings of the Common Council, for the year 2007 be
held at 7:00 P.M., on the first Wednesday of each month, in the Common Council
Chambers of City Hall, 108 East Green Street, Ithaca, New York, unless otherwise
determined by Common Council.
Carried Unanimously
Finance/Controller – Designation of Official Depositories - Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust
Company, Bank of America, JP Morgan Chase, Citizens Bank and the M & T Bank be,
and they are, hereby designated as the official depositories of all City Funds for the year
2007 and are currently deposited as follows:
TOMPKINS TRUST COMPANY
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca Operating Fund 01-201-001004
Employees Group Insurance Deductions 08-201-001004
City of Ithaca Payroll Fund 04-201-001004
City of Ithaca-Wire Transfer Community
Enterprise Opportunity 06-201-001004
City of Ithaca BID Assessments 06-201-001055
Employees N.Y.S. Withholding Tax 08-201-001004
Employees U.S. Savings Bonds 08-201-001004
N.Y.S. Police, Fire and Employees
Retirement System 08-201-001004
Payroll Benefits - Flexible Spending 08-201-001004
BC BS Insurance - Health 08201001004
BC BS Insurance – Vision 08201001004
Ithaca Area Wastewater Treatment
Jt Account Operating 01-101-110103
Ithaca Area Wastewater Treatment Capital Fund 02-101-110103
January 3, 2007
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BANK OF AMERICA
ACCOUNT NAME ACCOUNT NUMBER
Firemen's Relief Fund 267-010001
M & T BANK
ACCOUNT NAME ACCOUNT
NUMBER
Department of Justice Grant 8890767380
Debt Service Fund 8890767398
Ithaca Area Wastewater Treatment
Capital Reserve 9837877209
Ithaca Area Wastewater Treatment
Capital Fund 8890767372
Parking Ticket Payment Account 8890767356
Trust Fund 8890767349
Capital Reserves 8890767331
Construction Fund 8890767315
Guaranty and Bid Deposits 8890767349
Health Facility Agreement 8890878349
Deposit on Water Meters 8890767349
Ithaca Fire Department Bunker Facilities 8890767349
Sale of Unclaimed Property 8890767349
Circle Greenway 8890767349
Conference on College and Community 8890767349
Center for Expressive Arts 8890767349
Peter DeWysocki Memorial Fund 8890767349
Cemetery Fund 8890767349
Commons Cultural Tourism 8890767349
Jack Kiely Scholarship Fund 8890767349
DeWitt Park Improvement Fund 8890767349
Centennial Art Work 8890767349
GIAC Youth Enterprise Fund 8890767349
FICA Overpayment Reimbursement 8890767349
Juvenile Firesetter's Program 8890767349
Capital Reserve Fund #4 - Bridges 8890767331
Capital Reserve Fund #11 - Parks and
Recreation Areas 8890767331
Capital Reserve Fund #14 - Parking Areas 8890767331
Capital Reserve Fund #15 - Fire Engine
Replacement 8890767331
Capital Reserve Fund #16 - Development of
Water Sources 8890767331
Capital Reserve Fund #17 - Sewer Construction 8890767331
Capital Reserve Fund #17A – Mandatory
Reserve for Sewer Plant Construction 8890767331
Capital Reserve Fund #20 - West Hill Water
and Sewer Replacement 8890767331
Capital Reserve Fund #22 - Bus Replacement 8890767331
Capital Reserve Fund #23 - Public Works Equipment 8890767331
Capital Reserve Fund #24 - Energy Conservation 8890767331
Capital Reserve Fund #25 - Capital Improvements 8890767331
Capital Reserve Fund #26 - Land Acquisition 8890767331
Capital Reserve Fund #27 - DPW Consolidation 8890767331
Capital Reserve Fund #28 – Mandatory Debt Reserve 8890767331
ECHO 8890767349
Six Mile Creek Natural Area 8890767349
Thermal Imaging Unit 8890767349
Fire Department 175 Anniversary 8890767349
Rick Gray Memorial 8890767349
Stewart Park Carousel Fund 8890767349
Rt. 13 Plaza Light 8890767349
Northside Neighborhood Cleanup 8890767349
January 3, 2007
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1896 Steamer Public Display Fund 8860767349
Moore Memorial 8890767349
Stewart Park Landscaping 8890767349
Wood Street Benches 8890767349
Child Safety Seats 8890767349
IPAC Escrow 8860767349
Carried Unanimously
Common Council – Approval of 2007 Travel Policy - Resolution
By Alderperson Berry: Seconded by Alderperson Cogan
WHEREAS, there is to be held during the coming official year a) the New York State
Conference of Mayors Annual Meeting and Training School; b) the New York State
Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks,
and other national and regional conferences as applicable, and
WHEREAS, it is determined by the Mayor and Common Council that attendance by
certain municipal officials and City employees at one or more of these meetings,
conferences or schools benefits the municipality; now, therefore, be it
RESOLVED, That Common Council, the Mayor and City employees are hereby
authorized to attend said conferences or other applicable training events during 2007,
and be it further
RESOLVED, That the cost for all events must be derived from existing 2007
Departmental Budgets with appropriate approvals obtained as applicable, and be it
further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
Advocating Rejection of the Berger Commission Report and its Recommendation
that Lakeside Nursing and Rehabilitation Home be Closed - Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, Lakeside Nursing Home with its capacity of 260 beds, is the
largest facility of its kind in Tompkins County; and,
WHEREAS, Lakeside is home to 164 people who are very frail, elderly and the majority
of whom are on Medicaid and without personal means to guarantee appropriate care
within or outside of Tompkins County; and
WHEREAS, closure of Lakeside would impose cruel hardships on the families and care-
givers of those who now reside in the nursing facility as well as the hardship caused by
job terminations of the 230 employees who are exemplary in their dedication, even in
this typically exhausting, stressful occupation; and
WHEREAS, Lakeside's closing would result in an estimated shortage of up to 155
skilled nursing beds in our area; and
WHEREAS, the ramifications of this shortage are enormous, including the impact on the
length of stay for patients waiting to be moved to a skilled nursing care facility from our
only local hospital, Cayuga Medical Center; and
WHEREAS, Lakeside's "right-sizing" plan addressing the very needs identified in the
Berger Commission Report was submitted to the New York State Department of Health
at least two times prior to the Berger Commission Report; and,
WHEREAS, the Berger Commission data from 2004 is not based on Lakeside's plan
which has meant a transition from 130 to 166 skilled nursing beds, soon to become 180,
as noted by State Assemblywoman Barbara Lifton; now therefore be it
January 3, 2007
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RESOLVED, That the Mayor and Common Council of the City of Ithaca, New York,
urge the rejection of the recommendations of the Berger Commission; and, be it further
RESOLVED, That copies of this resolution be sent to Governor Eliot Spitzer; Senators
Seward, Nozzolio and Winner; Assemblywoman Lifton; Health Committee Chairs
Senator Kemp Hannon and Assemblyman Richard Gottfried.
Alderperson Berry thanked Alderperson Coles for bringing this item forward and to all
the supporters and staff who spoke on this issue.
Mayor Peterson thanked Alderpersons Coles and Korherr for bringing this issue
forward.
A vote on the Resolution resulted as follows:
Carried Unanimously
COMMUNITY & NEIGHBORHOOD SERVICES COMMITTEE:
Work Plan Items from Community & Neighborhood Services Committee for 2007 -
Resolution
By Alderperson Korherr: Seconded by Alderperson Berry
WHEREAS, the Mayor of the City of Ithaca has created the Community and
Neighborhood Services Committee (CNSC) to address public service delivery and
neighborhood issues relating to, and directly affecting the residents, public and
neighborhoods in the City of Ithaca, and
WHEREAS, the Ithaca Police Department, Ithaca Fire Department, Greater Ithaca
Activities Center, and the Ithaca Youth Bureau have been assigned by the Mayor to
update the CNSC on the ability to deliver services, to collaborate with the committee on
community service issues, and to present to the committee for review new program
developments that minimize any negative impacts on service delivery while capitalizing
on opportunities, and
WHEREAS, that the diversity of the greater Ithaca community must be reflected in all
collaboration and planning efforts, and
WHEREAS, the Mayor, in her capacity overseeing City administration, provides the
necessary planning and oversight of all programs and services provided to constituents,
and collaboration with her office is crucial to the success of all planning projects, and
WHEREAS, the CNSC realizes that some of the initiatives are time intensive and may
carry over into subsequent years, now, therefore, be it
RESOLVED, That Common Council acknowledges the exceptional work of these core
service delivery departments and supports the CNSC and Mayor’s efforts throughout
2007 with the following initiatives:
Evaluation of Temporary Dog Park Site and Environmental Review for Possible
Permanent Locations
Neighborhood Policing – Evaluate Successful Implementation in Other Cities,
Evaluating Possible Benefits for the City of Ithaca
Ithaca Fire Department Staffing Levels
Taxi Ordinance
Ithaca Fire Department Volunteer and Bunker Programs
Pedestrian Awareness Committee Recommendations
Race and Racism
City Funding Commitment to Recreation Partnership and Review of Tompkins County
Recommendations for 2007 - 2011
Public Information Planning – Internal, External, Emergency Based
Bridging the Gap between the Ithaca City School District and City of Ithaca
Annual Review of Memorandum of Understanding with Tompkins County for Dispatch
Services
GIAC Facility Needs
Bicycle and Pedestrian Safety
January 3, 2007
10
Crime and Emergency Response Statistics – Identifying Data Sources
Youth Council
Reality Check
Beautification projects in the parks and neighborhoods
Strengthening neighborhood associations
Block Captain programs through neighborhood associations
and be it further,
RESOLVED, That scheduling and resource utilization will factor into the priority of each
initiative, and that the CNSC recognizes that other committees and other departments
will need to be involved in program planning, and be it further
RESOLVED, That Common Council and the Mayor, in conjunction with all City
departments will continuously work to identify areas of improvement for community and
neighborhood services.
Alderperson Korherr noted how important these issues are to the community and
recommended that the Mayor re-assign them to the appropriate new standing
committees. She further explained that “Reality Check” is a youth led organization that
would like to work with Commons area merchants/vendors to prohibit marketing of
tobacco based products. The “bridging the gap between ICSD and City of Ithaca” item
was meant to address issues such as the lack of busing of Boynton students within a 2
mile radius and how that impacts the safety of the children and their ability to participate
in GIAC after school programming.
Amending Resolution:
By Alderperson Seger: Seconded by Alderperson Coles
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That Common Council acknowledges the exceptional work of these core
service delivery departments and supports the efforts of the Standing Committees of
Council and the Mayor’s efforts throughout 2007 with the following initiatives:
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion resulted as follows:
Carried Unanimously
Integrated Internal Communication and Protocol for Elected Officials Relating to
Emergency Response and Crime Prevention - Resolution
By Alderperson Korherr: Seconded by Alderperson Cogan
WHEREAS, Cities around the United States and world are using technology to improve
interaction with the public, streamline internal operations, enhance productivity of city
staff, and improve internal communications as well as external communications, it is
only fitting and right that we support the City of Ithaca in the development of such a plan
for both its internal and external communications functions; and;
WHEREAS, The Mayor’s Office, Human Resources, Information Technology, Ithaca
Fire Department, Ithaca Police Department, City Clerk/Emergency Public Information
Officer, and other key departments have been meeting and discussing internal and
external communication protocol over several years; and
WHEREAS, the City of Ithaca has also looked at a variety of models and plans for
establishing such a protocol, particularly for internal notification as it relates to a plan for
appropriately advising elected officials at the City and all staff; and;
WHEREAS, Members of Common Council recognize that numerous employees and
key city officials have been working with the Mayor to identify various techniques and
protocols as well as receiving extensive training on these important matters; and,
WHEREAS, Over the past few years, Common Council members have been working
diligently to uphold their sworn duties to inform their many publics and constituents of
January 3, 2007
11
the various threats to public health, safety, and any increase in criminal offenses within
the City; and;
WHEREAS, In the past few months, Ithaca has witnessed an increase of violent crime
and emergency situations that alarm our constituents and increase their desire for
information from their elected leaders prior to the release of this information to the news
media; and;
WHEREAS, Unfortunately, some members of Common Council find out this information
by either reading a newspaper or listening to the radio and in numerous cases, both
recently and over the past few years, Common Council members are often “not in the
information loop,” and this is a cause for serious concern and;
WHEREAS, Members of Common Council request that there be a plan in place for
integrated internal communication protocols which actively engage Common Council
members within the hour of those threats to human life or other incidents which would
cause alarm, worry, or fear in those constituencies served; and
WHEREAS, Common Council members wish to work in partnership with the Mayor,
Department heads, and other key city officials to ensure that the public is best served
with timely information, now therefore be it
RESOLVED, That Common Council members wish to be identified as critical
components in the notification process as soon as events unfold that key emergency
personnel and other crisis responders are privy to; and; be it further
RESOLVED, That Common Council hereby requests that such a plan for Integrated
Internal Communication and Protocol for Elected Officials Relating to Emergency
Response and Crime Prevention be made public and official by February 2007 and that
whatever protocols that the Mayor and staff decide are most appropriate for the City of
Ithaca, that at minimum, Common Council members are notified by telephone via their
cell phones (or home phones if a cell phone is not in the possession of said Council
Member) within the hour of those threats to human life or other incidents which would
cause alarm, worry, fear, or other major disruptions or inconvenience to those
constituents and neighborhoods served, and that elected representatives of the affected
ward are included in any electronic correspondence with the media, and responding
departments as they pertain to resolution of incidents, and be it further
RESOLVED, That copies of this resolution are forwarded to every City Department and
Deputy Department Head.
Alderperson Korherr reported that constituents have an expectation that Common
Council members will have information to answer their questions when different events
occur in their wards. She further reported that upon review of the statistics for the day
that the event occurred at Southside Community Center, there were 64 emergency
response calls. The Southside incident and Ithaca High School incidents were called in
to the 911 dispatch center seconds apart. Of the 64 calls, 60 of them would have
qualified for notification under this resolution. She recommended that the Resolution be
referred back to the appropriate committee for further discussion and consideration.
Mayor Peterson suggested that this resolution be discussed at a Common Council
Committee of the Whole meeting with appropriate staff based upon the different
perspectives that have been voiced.
Extensive discussion followed on the floor regarding communication protocols, FEMA
training for elected officials, and Common Council’s role in emergency situations.
January 3, 2007
12
Motion to Refer to Future Committee of the Whole Meeting
By Alderperson Korherr: Seconded by Alderperson Berry
RESOLVED, That this Resolution be referred to a future Common Council Committee
of the Whole meeting for further discussion.
Ayes (2) Korherr, Berry
Nays (6) Zumoff, Tomlan, Cogan, Townsend, Coles, Seger
Abstentions (0)
Failed
Discussion followed on the floor regarding which committee this item should be referred
to for further review and discussion.
Motion to Refer to New Standing Committee:
By Alderperson Seger: Seconded by Alderperson Tomlan
RESOLVED, That this Resolution be referred to the new Communication and
Emergency Services Committee for discussion.
Discussion followed on the floor regarding process.
Alderperson Zumoff stated that he is not convinced that the issue is Common Council’s
responsibility and he would like to see the item defeated on the floor of Common
Council.
A vote on the Motion to Refer to New Standing Committee resulted as follows:
Ayes (7) Coles, Seger, Tomlan, Townsend, Korherr, Cogan, Berry
Nays (1) Zumoff
Abstentions (0)
Carried
Motion to Remove From the Table Item 10.1 From the October 4, 2006 Common
Council Meeting entitled “Proposal to Identify Potential, Suitable Locations for a
Permanent Off-Leash Dog Area on City-Owned Lands – Declaration of Lead
Agency”
By Alderperson Korherr: Seconded by Alderperson Cogan
RESOLVED, That Item10.1 From the October 4, 2006 Common Council Meeting
entitled “Proposal to Identify Potential, Suitable Locations for a Permanent Off-Leash
Dog Area on City-Owned Lands – Declaration of Lead Agency” be removed from the
table.
Carried Unanimously
Item 10.1 from the October 4, 2006 Meeting
By Alderperson Seger: Seconded by Alderperson Gelinas
WHEREAS, the Mayor’s Task Force created to consider the possibility of establishing
one or more permanent off-leash areas for dogs in the Ithaca area has recommended
that such an off-leash area be established by the City on the so-called “Festival Lands”
owned by the City, and possibly be extended on to a portion of the adjacent lands of the
Allan H. Treman State Marine Park (upon the consent of the State Park), and
WHEREAS, the City’s Parks Commission has recommended that the Festival Lands not
be used for an off-leash dog area, and
WHEREAS, other potential locations for an permanent off-leash area have been
suggested, including the City-owned land south of Cherry Street (between the railroad
and the Flood Control Channel) and the substitute parkland which is proposed to be
designated as the Southwest Natural Area, and
WHEREAS, State Law and Section 176 of the City Code provide that no agency may
undertake, fund or approve an action until the agency has complied with the provisions
January 3, 2007
13
of the State Environmental Quality Review Act (SEQRA) and, if it is an agency of the
City of Ithaca, with the City’s Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, SEQRA and CEQRO require that any action be preliminarily classified as
Type I, Type II (exempt) or unlisted, and that, from among the involved agencies for any
action, a Lead Agency be established for conducting environmental review of the action,
in accordance with state and local law, and
WHEREAS, the creation of an permanent off-leash area for dogs is an Unlisted Action
under both the City of Ithaca Environmental Quality Review Ordinance and the State
Environmental Quality Review Act, and
WHEREAS, the involved agencies with regard to approvals that would be required for
such a proposed off-leash dog area are the Common Council and the Board of Public
Works, and, potentially, New York State Parks or the Town of Ithaca; now therefore be it
RESOLVED, That Common Council does hereby declare its intent to find a suitable
site, within or in close proximity to the City of Ithaca, where a permanent, safe and
attractive off-leash area for dogs could be located; and be it further
RESOLVED, That the Department of Planning and Development be directed:
(1) to identify potential locations for such an off-leash area for dogs, including but
not necessarily limited to part or all of the Festival Lands, the City-owned land
south of Cherry Street and the substitute parkland proposed to be designated
as the Southwest Natural Area,
(2) in consultation with representatives of the dog-owning community and, as
appropriate, the Natural Areas Commission and/or the Parks Commission, to
develop appropriate, proposed parameters, at least in a conceptual form, for
an permanent off-leash area at each such potential location (eg., boundaries,
required fencing, parking, etc), and
(3) to identify the potential impacts of the development of an permanent off-
leash area at each such location, pursuant to SEQRA and CEQRO;
and be it further
RESOLVED, That the City of Ithaca Common Council does hereby declare itself to be
the Lead Agency for the environmental review of the proposed establishment of such an
a permanent off-leash dog area at the identified, potential locations, and be it further
RESOLVED, That notice of the Common Council’s intent to be the Lead Agency for this
action be provided to the Board of Public Works, New York State Parks and the Town of
Ithaca, together with a copy of Part 1 of the Environmental Assessment Form for the
action, and be it further
RESOLVED, That this resolution is not intended to address the question of funding
which may be required to implement such an off-leash area for dogs, or to commit the
City to such funding, at any particular level or at any particular time.
Motion to Substitute Item 9.3 – Proposal to Modify Temporary Off-Leash Dog
Area, and to Identify Potential, Suitable Locations for a Permanent Off-Leash Dog
Area on City-Owned Lands; Designation of Lead Agency – Resolution for Item
10.1 – Proposal to Identify Potential, Suitable Locations for an Off-Leash Dog
Area on City-Owned Lands – Declaration of Lead Agency
By Alderperson Korherr: Seconded by Alderperson Zumoff
Alderperson Seger voiced concerns regarding the direction of the Ithaca Police
Department to patrol the Festival Lands and the establishment of a capital project.
January 3, 2007
14
Motion to Seek Advice of Counsel:
By Alderperson Korherr: Seconded by Alderperson Cogan
RESOLVED, That Common Council recess to seek the Advice of Counsel regarding the
proposed resolution.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session.
A vote on the motion to Substitute Item 9.3 - Proposal to Modify Temporary Off-Leash
Dog Area, and to Identify Potential, Suitable Locations for a Permanent Off-Leash Dog
Area on City-Owned Lands; Designation of Lead Agency – Resolution resulted as
follows:
Ayes (7) Coles, Berry, Zumoff, Tomlan, Townsend, Korherr, Cogan
Nays (1) Seger
Abstentions (0)
Carried
Item 9.3 - Proposal to Modify Temporary Off-Leash Dog Area, and to Identify
Potential, Suitable Locations for a Permanent Off-Leash Dog Area on City-Owned
Lands; Designation of Lead Agency - Resolution
By Alderperson Korherr: Seconded by Alderperson Cogan
WHEREAS, on October 4, 2006, Common Council amended Chapter 164 of the Ithaca
City Code, by creating a temporary, one-year exemption (December 1, 2006, to
December 1, 2007) from the requirement that dogs be leashed at all times (when not on
the property of the owner), with regard to the City-owned area known as the “Festival
Lands” adjacent to the Allan H. Treman State Marine Park and Cass Park, and, at the
same time, directed the Board of Public Works to promulgate and post rules and
regulations for the use of the area, by December 1, 2006; and
WHEREAS, although not explicitly set forth in the resolutions adopted on October 4,
2006, it was at that time (as evidenced by discussions among Council members at the
October 4, 2006 meeting) and remains the intention of Common Council to treat the
decision regarding this temporary exemption from the leash law as a Type II action (not
subject to environmental review), pursuant to the State Environmental Quality Review
Act (SEQRA) and the City Environmental Quality Review Ordinance (CEQRO), because
it is a “minor, temporary use of land having negligible or no permanent impact on the
environment,” and because the temporary rescission of the leash law represents no
substantive change from the actual, historical use of the area for more than 20 years, as
a de facto, off-leash area for dogs (but without rules regarding proper off-leash
behavior, until now, and with occasional ticketing for violation of the leash law); and
WHEREAS, at its meeting on October 4, 2006, Common Council postponed action on a
proposal to commence environmental review for the selection of one or more
permanent locations for an off-leash dog area, as the logistics of such a process were
unresolved at that point; and
WHEREAS, on November 15, 2006, the Board of Public Works adopted rules and
regulations for use of the off-leash area, which rules were posted at the Festival Lands
by December 1, 2006, and
WHEREAS, at the same time, the Board defined the boundary of the off-leash area as
being outside of the 100-foot buffer area that surrounds the so-called “Hog Hole”
designated wetland (almost all of which wetland is located on lands owned by New York
State) and directed that the entire boundary of the off-leash area be demarcated with
visually unobtrusive posts; and
WHEREAS, since the aforementioned action, Common Council has received
expressions of concern regarding the decisions not to conduct environmental review of
the temporary rescission and not to construct a fence around the entire, off-leash area,
from the Tompkins County Environmental Management Council, the New York State
January 3, 2007
15
Office of Parks, Recreation and Historic Preservation and the Tompkins County
Legislature (by an 8 to 7 vote); and
WHEREAS, Common Council wishes to be responsive to these concerns, and to work
with all involved parties to find a suitable, resolution to this issue which provides one or
more permanent sites for an off-leash dog area while minimizing the impact on the
natural environment; and
WHEREAS, several potential locations for a permanent off-leash area have been
suggested, including a portion of the Festival Lands (possibly in combination with some
portion of the Allan H. Treman State Marine Park), City-owned land south of Cherry
Street (between the railroad and the Flood Control Channel) and a portion of the
substitute parkland proposed to be designated as the Southwest Natural Area; and
WHEREAS, creation of a permanent off-leash dog area may involve longer-term
impacts, such as the establishment of fencing and other, related infrastructure; and
WHEREAS, the creation of a permanent off-leash area for dogs is therefore an Unlisted
Action under both SEQRA and CEQRO; and
WHEREAS, SEQRA and CEQRO require that for any non-exempt action, a Lead
Agency be established for conducting environmental review of the action; and
WHEREAS, the involved agencies with regard to approvals that would be required for
such a proposed off-leash dog area are the Common Council and the Board of Public
Works, and, potentially, New York State Parks (re: the Festival Lands plus Allan H.
Treman State Marine Park) or the Town of Ithaca (re: the Southwest Natural Area); and
WHEREAS, while, as noted above, the Festival Lands area has been used by off-leash
dogs for decades, and some data on the level of such use has been gathered, there
apparently is little data on the actual interaction of off-leash dogs at that site with any
nearby areas of wildlife habitat, such as the Hog Hole wetland, which data can only be
gathered through observation of off-leash dogs; and
WHEREAS, the temporary rescission of the leash law, together with the applicability of
posted rules and boundaries, provides a unique opportunity for the observation of the
actual interaction of off-leash dogs with nearby areas of wildlife habitat (outside of the
off-leash area) and the collection and analysis of data, with regard to any important
impacts; now therefore be it
RESOLVED, That, in response to concerns regarding possible bird-nesting in the so-
called “tall grass” (unmowed) area of the Festival Lands, Common Council directs that
the boundaries of the temporary off-leash area and accompanying signage be adjusted,
as soon as possible, so as to exclude the tall grass area to the west of the marina
parking lot, as well as the trail which leads into the tall grass area near the Lake; and be
it further
RESOLVED, That the Mayor is requested to ensure that the Ithaca Police Department
include the temporary off-leash dog area in its regular patrol, for the purpose of
enforcing the rules and regulations of the area, and citing any observed violations of the
leash law; and be it further
RESOLVED, That Common Council does hereby declare its intent to find a suitable
site, within or in close proximity to the City of Ithaca, where a permanent, safe and
attractive off-leash area for dogs could be located, without significant impact on the
natural environment; and be it further
RESOLVED, That the Department of Planning and Development be directed:
to identify potential locations for such an off-leash area for dogs, including but not
necessarily limited to part or all of (i) the Festival Lands, (ii) the City-owned land south
of Cherry Street and (iii) the substitute parkland proposed to be designated as the
January 3, 2007
16
Southwest Natural Area, in consultation with representatives of the dog-owning
community, the Natural Areas Commission, the Parks Commission, and the County
Environmental Management Council, named by the Mayor, to develop appropriate,
proposed parameters, at least in a conceptual form, for a permanent off-leash area at
each such potential location (eg., boundaries, required fencing, parking, etc), and
to identify the potential impacts of the development of a permanent off-leash area at
each such location, pursuant to SEQRA and CEQRO, including the collection and
analysis of data regarding the actual interaction of off-leash dogs at the Festival Lands
site with nearby areas of wildlife habitat; and be it further
RESOLVED, That the procedure outlined above shall be commenced as soon as
possible, with a goal of completing the environmental review by July 31, 2007; and be it
further
RESOLVED, That a capital project for the creation of a permanent off-leash dog area
be established, that the sum of $5,000, derived from existing 2006 funds, be
encumbered for the creation of a permanent off leash dog park, pending environmental
review, and that the cost of the environmental review described above be borne by said
account; and be it further
RESOLVED, That the City of Ithaca Common Council does hereby declare itself to be
the Lead Agency for the environmental review of the proposed establishment of a
permanent off-leash dog area at the identified, potential locations, and be it further
RESOLVED, That notice of Common Council’s intent to be the Lead Agency for this
action be provided to the Board of Public Works, New York State Parks and the Town of
Ithaca, together with a copy of Part 1 of the Environmental Assessment Form for the
action, and be it further
RESOLVED, That Common Council reiterates its intention to collaborate with the office
of New York State Parks, in an attempt to address and resolve the interests of the two
governmental entities, with regard to the use of the Festival Lands, the need for a
suitable off-leash dog area and the need to protect the natural environment.
Alderperson Korherr explained that this action does not extend the temporary off-leash
regulations due to expire in December 2007.
Alderperson Seger stated that he still has problems with extending the Ithaca Police
Department patrol area to the Festival Lands.
Amending Resolution
By Alderperson Seger: Seconded by Alderperson Korherr
RESOLVED, That the second Resolved clause be removed from the Resolution.
Ayes (3) Seger, Townsend, Korherr
Nays (5) Coles, Zumoff, Tomlan, Berry, Cogan
Abstentions (0)
Failed
Motion to Extend Meeting
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That the meeting be extended to 11:15 p.m.
Ayes (7) Coles, Seger, Berry, Zumoff, Tomlan, Korherr, Cogan
Nays (1) Townsend
Abstentions (0)
Carried
Main Motion As Amended
A vote on the Main Motion as amended resulted as follows:
Ayes (7) Coles, Berry, Zumoff, Tomlan, Townsend, Korherr, Cogan
Nays (1) Seger
Abstentions (0)
Carried
January 3, 2007
17
Alderpersons Korherr and Townsend stated that they would need to leave the meeting
at 11:15 p.m.
Alderperson Korherr offered the meeting time that is normally reserved for Community &
Neighborhood Services Committee to Common Council to use to continue tonight’s
meeting.
Mayor Peterson stated that she would like to know ahead of time when Council
members need to leave meetings early as it affects the quorum and she would like the
option to adjust public speaking, etc. to make sure that important business is completed.
Alderperson Berry left the meeting at 11:05 p.m.
CITY ADMINISTRATION COMMITTEE:
Request to Amend South Aurora Street Bridge Rehabilitation Capital
Project – Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, a rehabilitation project for the South Aurora Street Bridge over Six Mile
Creek, P.I.N. 375380 (“the Project”), is eligible for funding under Title 23 U.S. Code as
administered by the Federal Highway Administration (“FHWA”), as amended, that calls
for the apportionment of the costs of such program to be borne at the ratio of 80%
Federal funds and approximately 20% non-federal funds, and
WHEREAS, the City received bids for this project on December 11, 2006, and the low
bid of $1,528,292.66 exceeded the project’s estimated construction cost of
$1,286,048.71; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project 486 “South Aurora
Street Bridge over Six Mile Creek” by an additional amount not to exceed $252,293 for
a total project authorization of $1,995,293, and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the City of Ithaca will be approximately five percent (5.0%) of the final approved
project cost, currently estimated at $99,765 of the $1,995,293 authorized for this project,
in monies and in-kind services, as managed by the Superintendent of Public Works and
monitored by the City of Ithaca Controller.
Carried Unanimously (7-0)
Election of an Acting Mayor/Acting Alternate Mayor/Marriage Officers –
Resolution
By Alderperson Townsend: Seconded by Alderperson Korherr
RESOLVED, That terms of Acting Mayor/Alternate Acting Mayor/Marriage Officers be
extended to February 28, 2007.
Carried Unanimously (7-0)
MAYOR’S APPOINTMENTS:
Reappointment to Environmental Management Council – Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That Glynn Bebee be reappointed to the Tompkins County Environmental
Management Council with a term to expire December 31, 2008.
Carried Unanimously (7-0)
Nomination of Mayor to serve on the Tompkins County Area Development Board
– Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That Common Council supports the nomination of Mayor Carolyn K.
Peterson to serve on the Tompkins County Area Development Board with a term to
expire December 31, 2007.
Carried Unanimously (7-0)
January 3, 2007
18
MAYOR’S APPOINTMENTS – Planning Board:
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That John Snyder be appointed to the Planning & Development Board to
fill a vacancy with a term to expire December 31, 2008, and be it further
RESOLVED, That Tim Cullenen be appointed to the Planning & Development Board to
replace Camille Tischler with a term to expire December 31, 2009.
Carried Unanimously (7-0)
RECESS:
On a motion the meeting was recessed to Wednesday, January 10, 2007 at 7:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor