HomeMy WebLinkAboutMN-CC-2007-09-05COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. September 5, 2007
PRESENT:
Mayor Peterson
Alderpersons (8) Coles, Berry, Clairborne, Tomlan, Zumoff, Gelinas,Townsend,
Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Planning & Development Director – Cornish
Community Development Director – Bohn
Superintendent of Public Works – Gray
Fire Chief – Wilbur
City Chamberlain – Parsons
Historic & Neighborhood Planner – Chatterton
EXCUSED:
Alderperson Korherr
Note: 1st Ward Alderperson Shane Seger submitted his resignation from Common
Council that was effective September 3, 2007.
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
2007 “Into the Streets” Initiative
A representative from Cornell University’s Public Service Center addressed Council to
talk about the “Into the Streets” program that involves organizing teams of students that
will provide volunteer labor to local non-profit agencies throughout the City on Saturday,
October 27, 2007. This is a great opportunity for students to learn about the various
community agencies and services that are available in the area that they will be living in
for the next four years. The program is looking for agencies to partner with the student
teams. Project request forms can be obtained from the Public Service Center. The
deadline to submit requests is Monday, September 17, 2007.
Alderperson Townsend stated that this is an excellent opportunity for students to get
involved with the community and interact with community members.
Alderperson Zumoff offered his thanks and appreciation to the many student volunteers
from Cornell University, Ithaca College, and TC3 who volunteer in the community year
round.
Love Knows No Bounds
Mike Ellis reported that New Orleans city officials are very excited about the Ithaca
initiative and have suggested changing the name of this program to a “Neighborhood
Adoption.” They stated that they would like to use the City of Ithaca’s Sister City/ Sister
Parish Resolution as a template and model for other cities to use as they begin to
partner with New Orleans. He further reported that New Orleans officials met with
Pastor Bruce Davenport and members of the Parish leadership to discuss the
implementation of sustainable improvements in the rebuilding of the 7th Ward. Mr. Ellis
further stated that representatives from “Ithaca Hours” have volunteered to work with
the 7th Ward to help set up a local currency program. In addition, Ithaca City Forester
Andy Hillman has offered to do a tree study for the 7th Ward and will work with officials
to set up cooperative learning tools.
September 5, 2007
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Travis Brooks, Greater Ithaca Activities Center (GIAC), addressed Council to state that
he is very proud to work at GIAC, but as a city employee he is embarrassed to be
working in a building that is in such poor condition. He described the recent building
and utility failures and the resulting conditions that his co-workers had to work in. He
further reported that the after school program enrollment has been negatively impacted
by the emergency closures of the building and the uncertainty it created.
Susan Eschbach, Co-President, GIAC Board of Directors, addressed Council to request
that the necessary repair work be done on the GIAC building. She further stressed the
importance of having the work completed professionally and on-schedule.
Joel Harlan, Town of Newfield, addressed Council regarding the need for a modern
community center, southwest development, and the Loaves & Fishes program.
Gerry Coles, City of Ithaca, addressed Council to urge their support and approval for the
necessary repairs that need to be made to the GIAC building. He further stated that the
benefits of the GIAC after school program and the senior program are vital to the
community and need to be maintained.
Lisa Guido, City of Ithaca, addressed Council in support of approving the necessary
funding for the GIAC emergency repair work.
Sue Dale Hall, Director of Child Care Development, addressed Council in support of
approving the necessary funding for GIAC emergency repair work and commended the
GIAC staff for the support they have given to the children.
Barry Derfel, addressed Council in support of approving the necessary funding for GIAC
emergency repair work and further addressed issues of racism and classism.
Michael Raffe, Finance Chair of the GIAC Board of Directors and representing the
American Red Cross, addressed Council in support of approving the necessary funding
for the emergency repair work at GIAC. He also thanked the Public Service Center for
their “Into the Streets” program which has resulted in volunteer opportunities for the Red
Cross.
Suki Tabor, Ithaca Youth Bureau, addressed Council in support of approving the
necessary funding for the emergency repair work at GIAC and spoke in support of her
fellow employees and the challenges involved with serving youth and families.
Roberta Wallitt, Town of Ithaca, addressed Council to thank them for giving their
attention to GIAC because children are our greatest resource. She further addressed
Council regarding racism concerns and the perception that this issue is race related.
Alex Taam, City of Ithaca, addressed Council in support of approving the necessary
funding for the emergency repair work at GIAC. He further explained that he was
involved in the boxing program and commented on what a great resource GIAC was for
athletic programming in the community.
Brian Noteboom, Representative for Carpenter’s Local Union, addressed Council to
state that the union labor being used on the Thurston Avenue Bridge, Aurora Street
Bridge, and Green Garage projects have met the union’s expectations. He further
noted the progress being made on the program for minority apprentices, and voiced his
appreciation for the use of union workers on the Cayuga Green foundation work and the
GIAC computer room construction. He encouraged Council to approve the necessary
funding for the emergency repair work at GIAC.
Caleb Thomas, City of Ithaca, addressed Council in support of approving the necessary
funding for the emergency repair work at GIAC and stated that a 5-10 year funding plan
is needed to improve and strengthen the community center. He also voiced his support
for the Southwest Urban Neighborhood development plan.
September 5, 2007
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Mike Ellis, Town of Ithaca, addressed Council in support of approving the necessary
funding for the emergency repair work at GIAC and stressed how important the funding
for facility repairs is to the children of the community. He further explained how GIAC
became a major partner in the New Orleans sister-city initiative.
Alan Cohen, City of Ithaca, clarified that the City has been investing money into the
GIAC building for years and he feels it is time to do a comprehensive review of the
viability of the building. He further stated that development of the former Ithaca Gun site
is a good opportunity to advance a number of initiatives in the community.
Elizabeth Karabinakis, City of Ithaca, addressed Council in support of approving the
necessary funding for the emergency repair work at GIAC.
Sareanda Lourdes, City of Ithaca, addressed Council in support of approving the
necessary funding for the emergency repair work at GIAC and voiced concerns
regarding racism and classism.
Jeff Furman, City of Ithaca, addressed Council in support of approving the necessary
funding for the emergency repair work at GIAC and suggested that consideration be
given to a “big” community center that would occupy an entire block of the city.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles stated that Common Council members have been invited to visit
GIAC on September 13, 2007 at 3:00 p.m. She further thanked all the speakers for
coming to the meeting and stated that Council members are listening closely to the
comments and concerns raised by community members.
Alderperson Coles further reported that the Red Bud Woods commemorative boulder
has been delivered and the poem for it will be installed at a later date. She distributed a
schedule of upcoming budget meetings and noted that the first meeting will be held
October 4, 2007. She stated that it is essential to have a quorum for the first and last
budget meetings as motions are needed to open and close the budget deliberations and
the public hearings scheduled for those meetings.
Alderperson Tomlan noted that she distributed proposed amendments for two
resolutions on tonight’s agenda.
Alderperson Berry thanked all the speakers for their comments. She stated that she
supports GIAC and its Board and echoes many of the sentiments that had been shared
regarding the need for a thorough assessment of the building and the importance of
project follow through. She further stated that she had concerns regarding the
comments made about racism and classism and would be interested in hearing more
about them. She stated that the people and the work involved in the “Love Knows No
Bounds” initiative are very inspirational and she would like to see a fund raising
campaign for GIAC needs take place in the community.
Alderperson Clairborne thanked the speakers for their comments and stated that it is
nice to hear how GIAC programs reach so far into the community. He stated that he
would be interested in developing a long-range plan for the replacement of the facility.
He also updated Council on the recovery process taking place in his hometown of
Coffeyville, Kansas and stated that a contribution center for donations had been
established to help the flood victims in the community.
City Administration Committee:
12.1 Request to Amend the Capital Project for GIAC Facility Repairs (CP #499) -
Resolution
By Alderperson Coles: Seconded by Alderperson Berry
WHEREAS, on May 11, 2006, the City created a capital project to address emergency
repair needs following the failure of portions of concrete on the exterior walls, including
some pieces falling to the ground, at the Greater Ithaca Activities Center (GIAC), and
WHEREAS, this repair work to the exterior masonry is on-going, and
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WHEREAS, additional masonry and related structural repairs are necessary, exceeding
the capital project budget of $200,000.00, and
WHEREAS, GIAC has experienced three (3) major sewer leaks since July 9, 2007, and
WHEREAS, GIAC is a City department that provides essential programs, activities, and
service to hundreds of youth, teens, adult, seniors, and community members daily, and
WHEREAS, the sewer problems have disrupted the service to participants and
community members and resulted in extraordinary demands being made on staff to
keep programs running during the busy summer season, and
WHEREAS, other emergency and high-priority needs have been identified at the
Greater Ithaca Activities Center, and
WHEREAS, structural deficiencies discovered during the emergency masonry repairs
and additional areas of brick façade needing to be repointed immediately to stop water
intrusion into the building have led to costs exceeding the original capital project budget,
and
WHEREAS, emergency plumbing repairs have been made during the summer and
additional repairs are needed as soon as possible to prevent another plumbing failure,
and
WHEREAS, City staff are recommending an evaluation of the building systems to
establish the immediate needs of the building and to assess systems for the likelihood
of significant problems or failures in the near future, and
WHEREAS, it is desirable to re-point the entire building (as opposed to the re-pointing
now occurring in limited areas of the building) to seal the entire building envelope,
preventing the spread of the mold problems now being experienced, and giving the
building a uniform exterior appearance, and
WHEREAS, it is necessary to caulk around the windows of the building to prevent
moisture from getting inside the walls, and
WHEREAS, the exterior doors on Albany Street do not function properly and no longer
meet fire code or safely serve program participants and need to be replaced, and
WHEREAS, repairs need to be made to one exit door to make it operable, and
WHEREAS, the GIAC building currently has limited hot water and does not have a
working boiler to meet heating needs of the upcoming fall and winter seasons,
WHEREAS, the estimated additional cost of the project is $306,000.00, now, therefore,
be it
RESOLVED, That Common Council hereby amends Capital Project #499 GIAC
Emergency Facility Repairs at a cost not to exceed $306,000.00 for a total project
authorization of $506,000.00 for repairs to the GIAC facility and evaluation of the
building systems, and, be it further
RESOLVED, That the project funds shall be advanced by the General Fund and later
repaid by the issuance of Serial Bonds.
Alderperson Coles explained that the following items are included in this capital project:
emergency plumbing repairs, window caulking, re-pointing, exterior door replacement,
industrial hot water heater and boiler, and structural analysis which is a key aspect of
the project.
GIAC Director Fort reported that the boiler is beyond repair and will not even get
through to the start of this heating season. She further reported that she would be
working with staff on a relocation plan in case a new system cannot be installed before
September 5, 2007
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cold weather arrives. She also thanked the community for their support and for all of
the offers that have been extended for relocation space.
Alderperson Tomlan expressed her thanks to GIAC staff and stated that she has heard
legendary stories of their accomplishments, dedication, and commitment. She noted
that the building is historical in nature and preservation of it should be undertaken if
possible.
Alderperson Clairborne stated that today’s votes are symbolic of the level of support for
GIAC staff, programming, and community benefits.
A Vote on the Resolution resulted as follows:
Carried Unanimously (7-0)
Alderperson Gelinas Absent from vote
11.2 Redevelopment of the Former Ithaca Gun Factory Site
A. Declaration of Lead Agency for the Environmental Review – Resolution
By Alderperson Tomlan: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca is considering a collaboration with a development team
composed of Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc., and
Travis and Travis Development, LLC, (hereinafter referred to collectively as the
“Development Parties”), to undertake a proposed public/private project to remediate
environmental contamination on the site of the former Ithaca Gun Factory, located at
121-125 Lake Street, Ithaca, NY (hereinafter referred to as the “Property”), which site is
currently owned by Fall Creek Redevelopment, LLC, and
WHEREAS, the terms of the proposed collaboration are defined in the proposed
“Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC,
O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC,” dated August
30, 2007 (hereinafter referred to as the “Redevelopment Agreement”), and
WHEREAS, the proposed Redevelopment Agreement, if approved, would commit the
City of Ithaca to submit or sponsor certain applications for State funding of the afore-
mentioned remediation (and subsequent redevelopment of the site, by the afore-
mentioned development team), through the Restore NY Communities Initiative and the
Environmental Restoration Program, and to accept, as a donation from Fall Creek
Redevelopment, LLC, the conveyance of an approximately one-acre parcel situated
along the westerly and northerly portions of the Property, upon satisfaction of certain
contingencies further detailed in said agreement, and
WHEREAS, the proposed action – namely, the submission of funding applications and
the acquisition of real property by the City – is an “Unlisted” action pursuant to the State
Environmental Quality Review Act (“SEQR”) and the City of Ithaca’s Environmental
Quality Review Ordinance (“CEQR”), thus requiring environmental review pursuant to
those statutes, and
WHEREAS, SEQR and CEQR require that a lead agency be established for conducting
such environmental review, and
WHEREAS, the lead agency is defined to be that agency which has primary
responsibility for approving, funding or carrying out the action, and
WHEREAS, the City of Ithaca is the only involved agency with regard to the submission
of the funding applications in question, and with regard to the proposed acquisition of
real property; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
to be the lead agency for the environmental review of the proposed approval of the
submission of funding applications to the Restore NY Communities Initiative and the
Environmental Restoration Program, and of the proposed acceptance of real property,
as required by the proposed Redevelopment Agreement for the former Ithaca Gun
Factory site.
September 5, 2007
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Alderperson Tomlan explained that Common Council members have received a packet
of information including site plans and a projected schedule of development.
Alderperson Zumoff reviewed prior concerns regarding height limits and noted that he is
very pleased to have a local developer involved with this project.
A vote on the Resolution resulted as follows:
Carried Unanimously (7-0)
Alderperson Gelinas absent from vote
B. Determination of Environmental Significance – Resolution
By Alderperson Tomlan: Seconded by Alderperson Coles
WHEREAS, the City of Ithaca is considering a collaboration with a development team
composed of Fall Creek Redevelopment, LLC, O’Brien & Gere Engineers, Inc., and
Travis and Travis Development, LLC, (hereinafter referred to collectively as the
“Development Parties”), to undertake a proposed public/private project to remediate
environmental contamination on the site of the former Ithaca Gun Factory, located at
121-125 Lake Street, Ithaca, NY (hereinafter referred to as the “Property”), which site is
currently owned by Fall Creek Redevelopment, LLC, and
WHEREAS, the terms of the proposed collaboration are defined in the proposed
“Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC,
O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC,” dated August
30, 2007 (hereinafter referred to as the “Redevelopment Agreement”), and
WHEREAS, the proposed Redevelopment Agreement, if approved, would commit the
City of Ithaca to submit or sponsor certain applications for State funding of the afore-
mentioned remediation (and subsequent redevelopment of the site, by the afore-
mentioned development team), through the Restore NY Communities Initiative and the
Environmental Restoration Program, and to accept, as a donation from Fall Creek
Redevelopment, LLC, the conveyance of an approximately one-acre parcel situated
along the westerly and northerly portions of the Property, upon satisfaction of certain
contingencies further detailed in said agreement, and
WHEREAS, the proposed action – namely, the submission of funding applications and
the acquisition of real property by the City – is an “Unlisted” action pursuant to the State
Environmental Quality Review Act (“SEQR”) and the City of Ithaca’s Environmental
Quality Review Ordinance (“CEQR”), thus requiring environmental review pursuant to
those statutes, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the Short Environmental Assessment Form (“SEAF”) prepared for the
proposed action, and
WHEREAS, the lead agency has determined that the actual redevelopment of the
Property, by the afore-mentioned development team, can and should be considered as
a separate action for the purposes of environmental review, as the details of such
redevelopment are not fully known at this time, and in any event such development is
not permitted to go forward without additional separate approval, by way of site plan
review, by the City of Ithaca Planning and Development Board, during which site plan
review the environmental review of the proposed redevelopment project itself will be
conducted, pursuant to the normal procedure of said Board, and which environmental
review is reasonably anticipated to be no less protective of the environment; now,
therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth in the SEAF for the
proposed action, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action will not have a significant effect on the
environment, and that further environmental review of the proposed action (not including
the actual redevelopment plan, as discussed above) is unnecessary, and be it further
September 5, 2007
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RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and to forward the same to any other parties as
required by law.
Carried Unanimously (7-0)
Alderperson Gelinas absent from vote
Alderperson Gelinas arrived at the meeting at 9:05 p.m.
C. Authorization of the Proposed Redevelopment Agreement – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, Fall Creek Redevelopment, LLC (“FCR”) acquired the former Ithaca Gun
Factory site (hereinafter, the “Property”) in 2005, an approximately 2.1-acre parcel
located at 121-125 Lake Street, Ithaca, NY (Tax Parcel #11.-3-1.2), and wishes to
redevelop the Property for productive use, and
WHEREAS, the former Ithaca Gun Factory site is a long-abandoned facility with
environmental contamination in the buildings and on the premises, stemming from its
prior industrial use, and constitutes a health and safety hazard and a blight on the
neighborhood, and
WHEREAS, in 2006 the City of Ithaca Building Commissioner condemned the building
as unsafe and has ordered it demolished, and
WHEREAS, FCR estimates that the cost to remediate contamination in the buildings on
the Property, and to demolish them, is approximately $1.45 million, and
WHEREAS, FCR estimates that the additional cost to remediate site contamination on
the Property is approximately $950,000, and
WHEREAS, FCR has determined that a redevelopment project is not financially feasible
if the project must absorb the full, projected $2.4 million remediation and demolition
cost, and
WHEREAS, FCR has entered into a strategic collaboration with O’Brien & Gere
Engineers, Inc. (“OB&G”), environmental engineers, and Travis and Travis
Development, LLC (“Travis”), real estate developers (collectively hereinafter referred to
as the “Development Parties”), to undertake a project of environmental remediation and
to redevelop a portion of the Property, and
WHEREAS, Travis proposes a redevelopment project that would include the
construction of approximately 33 townhouse residential condominium units on the
Property, and
WHEREAS, the objectives of the City of Ithaca (“City”) for the Property include:
Remediation of environmental contamination at the Property (and any
related contamination on adjacent, City-owned land) as soon as
practicable;
Demolition of the condemned former Ithaca Gun Factory;
Redevelopment of the Property for productive use that will be an asset to
the neighborhood and the City;
Incorporation of the so-called “island” portion of the Property, which
affords excellent views of the Ithaca Falls, into the adjacent City-owned
parkland, and provision of an ADA-accessible public pedestrian walkway
to said “island” from Lake Street, together with improvements to such
areas so as to provide for safe public access and enjoyment;
Retention and maintenance of the tall, iconic “Ithaca Guns” smokestack on
the Property, if feasible, and
WHEREAS, the Development Parties, per the proposed Redevelopment Agreement,
agree to satisfy the above-listed City objectives, subject to receipt of sufficient New York
State funding assistance to make the project financially feasible, and
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WHEREAS, the City is eligible to apply for funding to assist the project through the
Restore NY Communities Initiative program (“Restore NY”) and the Environmental
Restoration Program (“ERP”), which funding could significantly reduce the costs to the
Development Parties of remediating environmental contamination and redeveloping
portions of the Property for a productive use, and
WHEREAS, the cost to remediate and demolish buildings on the Property, and certain
redevelopment costs, are eligible for Restore NY funding assistance, and
WHEREAS, the cost to remediate site contamination on municipally-owned property is
eligible for up to a 90% reimbursement through the ERP, and
WHEREAS, maximizing Restore NY and ERP resources and achieving the City’s
objectives for the Property will require conveyance of certain portions of the Property to
the City, and commitments by both the City and the Development Parties to undertake
certain obligations, as described in greater detail in the draft “Redevelopment
Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC, O’Brien & Gere
Engineers, Inc. and Travis and Travis Development, LLC”, dated August 30, 2007
(hereinafter referred to as the “Redevelopment Agreement”), and
WHEREAS, the Redevelopment Agreement commits the City to accept the donation of
a portion of the Property that contains subsurface environmental contamination, for the
purpose of construction and maintenance of a community walkway from Lake Street to
an overlook of Ithaca Falls on the so-called “island” area of the site, which acceptance
will also involve remediation of such contamination, together with any related off-site
contamination, through the ERP, and
WHEREAS, the Redevelopment Agreement further commits Travis to pay the City’s full
local share required under the ERP, and
WHEREAS, environmental review of this proposed agreement has been completed;
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby authorizes the Mayor,
upon the advice of the City Attorney, to execute the Redevelopment Agreement,
provided such Agreement is in substantial conformance with the draft dated August 30,
2007.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Coles
RESOLVED, That the Resolved clause be amended to read as follows:
“RESOLVED, That the City of Ithaca Common Council hereby authorizes the Mayor,
upon the advice of the City Attorney, to execute the Redevelopment Agreement,
provided such Agreement is in substantial conformance with the draft dated August 30,
2007 (or includes changes that may be substantive but are more protective of the City),
and that such agreement includes the five minor modifications listed at the close of the
Memorandum from the City Attorney to the Mayor and Common Council, dated
September 4, 2007.”
Alderperson Townsend questioned what the five minor modifications were. Alderperson
Tomlan explained that these were mainly grammar and punctuation corrections.
A Vote on the Amending Resolution resulted as follows:
Carried Unanimously (8-0)
Extensive discussion followed on the floor regarding how the project is being funded
and the need to include affordable housing in as many housing proposals as possible.
Mayor Peterson explained that in order to take advantage of the Restore NY Grant
funding opportunities available for this year the project needs to move forward as
quickly as possible. She further stated that the City should create an umbrella
statement about its goals for affordable housing.
September 5, 2007
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Alderperson Berry noted that she agrees that affordable housing is needed but also
wants to support the neighborhood desire to get the environmental remediation work
done and reduce the health and safety concerns of the site. She further agreed that the
City should make a statement that affordable housing is one of its goals.
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) Coles, Berry, Zumoff, Tomlan, Townsend, Cogan, Gelinas
Nays (1) Clairborne
Carried (7-1)
D. Restore NY Funding Application – Resolution
By Alderperson Tomlan: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca (“City”) is collaborating with a development team
composed of Fall Creek Redevelopment, LLC (“FCR”), O’Brien & Gere Engineers, Inc.,
and Travis and Travis Development, LLC (hereinafter referred to collectively as the
“Development Parties”) to undertake a proposed public/private project for environmental
remediation, demolition, and redevelopment of the former Ithaca Gun Factory site
located at 121-125 Lake Street, Ithaca, NY, and
WHEREAS, the 2006-07 New York State budget enacted the Restore NY Communities
Initiative (“Restore NY”) to revitalize urban areas and stabilize neighborhoods and
authorized the Empire State Development Corporation (“ESDC”) to implement the $300
million program in three annual rounds beginning in 2006, and
WHEREAS, on July 27, 2007, ESDC announced the availability of $100 million in
funding for round #2 of the Restore NY program, which program will reimburse up to
90% of the costs of municipally-sponsored projects to demolish, deconstruct,
rehabilitate, and reconstruct vacant, abandoned, condemned, and surplus residential
and commercial properties, and
WHEREAS, the goals of the Restore NY program are to (1) revitalize urban centers, (2)
induce commercial investment, and (3) improve the municipal housing stock, and
WHEREAS, round #2 Restore NY funding applications are due to be received by ESDC
by September 28, 2007, and
WHEREAS, applications must include a municipal resolution in support of the
application, proof that a public hearing was held on proposed application, and a site
control affidavit for projects located on non-municipally owned property, and
WHEREAS, cities with populations under 40,000 are eligible to submit an application for
one project, with a request not to exceed $2.5 million, in round #2 Restore NY funding,
and
WHEREAS, each Restore NY award must be matched by at least a 10% local match
contribution, and
WHEREAS, the former Ithaca Gun Factory is a long-abandoned facility with
environmental contamination in the buildings and on the premises, stemming from its
prior industrial use, and constitutes a health and safety hazard and a blight on the
neighborhood, and
WHEREAS, the Development Parties’ proposed project includes the following major
elements:
Abate asbestos from on-site buildings
Remove lead from on-site buildings
Demolish and remove buildings
Remediate subsurface environmental contamination
Construction of approximately 33 residential condominium townhouse
units
Donation, to the City of Ithaca, of the Ithaca Falls Overlook area, and land
for a public access walkway to it from Lake Street
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Construction of an ADA-compliant public-access walkway from Lake
Street to the Ithaca Falls Overlook,
Retention and maintenance of the ‘Ithaca Guns’ smokestack, if feasible,
and
WHEREAS, the cost of removing lead from the buildings, abating building asbestos,
and building demolition is estimated to be approximately $1.45 million, and
WHEREAS, the cost of remediating subsurface environmental contamination is
estimated to be approximately $950,000, and
WHEREAS, the total project is estimated to cost approximately $12 million, and
WHEREAS, the Developer has agreed to provide the full 10% required Restore NY
local match contribution, and
WHEREAS, the Common Council has authorized the Mayor to execute a
“Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC,
O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC” (hereinafter
referred to as the “Redevelopment Agreement”), and
WHEREAS, the Redevelopment Agreement obligates the City to submit a Restore NY
application for funding for the former Ithaca Gun Factory site redevelopment project;
now, therefore, be it
RESOLVED, That the Common Council hereby approves the submission by the City of
Ithaca of an application, for up to $2.5 million in grant funding from round #2 of the
Restore NY program, for the former Ithaca Gun Factory site redevelopment project, and
be it further
RESOLVED, That the Common Council hereby finds that the proposed project is
consistent with the existing local and regional plans; that the proposed financing is
appropriate for the specific project; that the project facilitates effective and efficient use
of the existing and future public resources so as to promote both economic
development and preservation of community resources; and where applicable, that the
proposed project develops and enhances infrastructure and/or facilities in a manner that
will attract, create, and sustain employment opportunities, and be it further
RESOLVED, That the Mayor, upon advice from the City Attorney, is hereby authorized
to take all actions necessary to submit a Restore NY application in accordance with this
resolution, including, but not limited to, certification of the application, and be it further
RESOLVED, That, if awarded, the Mayor, upon the advice of the City Attorney, is
hereby authorized to execute a funding agreement with ESDC, and any other
documents necessary to receive the Restore NY grant, and be it further
RESOLVED, That if the City accepts a Restore NY award, the Ithaca Urban Renewal
Agency is hereby authorized to administer and implement the Restore NY grant award
on behalf of the City and shall be reimbursed for any reasonable costs incurred in
complying with Restore NY requirements.
Carried Unanimously (8-0)
E. Environmental Restoration Program Funding Application – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca (“City”) is collaborating with a development team
composed of Fall Creek Redevelopment, LLC (“FCR”), O’Brien & Gere Engineers, Inc.,
and Travis and Travis Development, LLC (hereinafter referred to collectively as the
“Development Parties”) to undertake a proposed public/private project for environmental
remediation of the former Ithaca Gun Factory site, and
WHEREAS, FCR owns the former Ithaca Gun Factory property located at 121-125 Lake
Street, Ithaca, NY (“Property”), and
September 5, 2007
11
WHEREAS, the Common Council has authorized the Mayor to execute a
“Redevelopment Agreement Among the City of Ithaca, Fall Creek Redevelopment, LLC,
O’Brien & Gere Engineers, Inc. and Travis and Travis Development, LLC” (hereinafter
referred to as the “Redevelopment Agreement”), and
WHEREAS, the Redevelopment Agreement obligates the City to accept conveyance of
a specified portion of the Property from FCR that is known to contain hazardous
substances from historical uses on the Property, upon satisfaction of certain
contingencies as further described in the Redevelopment Agreement, and
WHEREAS, New York State has established the Environmental Restoration Program
(“ERP”), administered by the New York State Department of Environmental
Conservation, to assist municipalities in investigating and remediating petroleum and/or
hazardous substances located on property owned, or under binding agreement to be
owned, by municipalities, and
WHEREAS, the ERP allows municipalities to seek reimbursement for up to 90% of
approved project costs for investigating and remediating on-site contamination, and up
to 100% of the cost of investigating off-site contamination, and
WHEREAS, the property to be accepted by the City from FCR is intended to be
environmentally remediated by the City through the ERP and made available, following
remediation, in part as a portion of City parkland and in part for the purpose of
construction of a community walkway from Lake Street to an Ithaca Falls overlook, and
WHEREAS, per the Redevelopment Agreement, Travis and Travis Development, LLC,
agrees to pay the full local share required under the ERP, and
WHEREAS, the ERP application must include specified municipal authorization
language to be considered a complete application, and
WHEREAS, the City of Ithaca (hereinafter also referred to as the “Municipality”), after
thorough consideration of the various aspects of the problem and study of available
data, has hereby determined that certain work, as described in the application, herein
called the “Project”, is desirable, is in the public interest, and is required in order to
implement the Project, and
WHEREAS, Article 56 of the Environmental Conservation Law (“ECL”) authorizes State
assistance to municipalities for environmental restoration projects, by means of a
contract, and the Municipality deems it to be in the public interest and benefit under this
law to enter into a contract therewith; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca that:
1. The Mayor is the representative authorized to act on behalf of the Municipality in
all matters related to State assistance under ECL Article 56, Title 5. The
representative is also authorized to make application, execute the State
Assistance Contract, submit Project documentation, and otherwise act for the
Municipality’s governing body in all matters related to the Project and to State
assistance;
2. The Municipality agrees that it will fund its portion of the cost of the Project and
that funds will be available to initiate the Project’s fieldwork within twelve (12)
months of written approval of its application by the New York State Department
of Environmental Conservation;
3. One (1) certified copy of this Authorization shall be prepared and sent to the
Albany office of the Department of Environmental Conservation, together with the
Application for State Assistance referred to herein;
4. This Authorization shall take effect immediately, and be it further
RESOLVED, That, subject to execution of the Redevelopment Agreement, the Common
Council hereby authorizes the Mayor to submit an Environmental Restoration Program
September 5, 2007
12
application for investigation and/or remediation of property proposed to be accepted
from FCR, and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to
execute a State Assistance Contract for investigation and/or remediation of the
applicable portions of the Property conveyed to the City of Ithaca per the
Redevelopment Agreement, subject to receipt of written notification from the
Department of Environmental Conservation of ERP application approval and receipt of
notice of a Restore NY funding award to the City, and be it further
RESOLVED, The Ithaca Urban Renewal Agency is hereby authorized to administer and
implement the ERP investigation and remediation and shall be reimbursed by the City
for all reasonable documented costs incurred to comply with ERP requirements.
Common Council members offered their thanks to City Attorney Hoffman and
Community Development Director Bohn for the exceptional job they did in reaching this
agreement.
A Vote on the Resolution resulted as follows:
Carried Unanimously (8-0)
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Chamberlain’s Office - Request to Waive Penalty on Taxes - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the owners of 101 Irving Place mailed the city 2nd installment tax payments
on June 23, 2007, within the penalty free period, and
WHEREAS, the mail at 101 Irving Place was not picked up by the post office because it
had been placed on hold until the resident’s return from vacation; now, therefore be it
RESOLVED, That pursuant to the guidelines set forth by Common Council on June 6,
2001, the City Chamberlain is authorized to refund the penalty paid on the 2nd
installment taxes.
Carried Unanimously (8-0)
8.2 Fire Department - Request for Changes to Fire Department Roster – Upgrade
of Financial Clerk to Financial Management Assistant - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca Fire Department has need for a person working in the
capacity of the Financial Management Assistant, and
WHEREAS, a current city employee has passed the Civil Service Exam for the
Financial Management Assistant and is presently performing the duties of Financial
Management Assistant at the DPW, Streets & Facilities Division, in a half time position
(20 hrs.); and
WHEREAS, in order to facilitate the work, and to achieve the desired organizational
structure needed by the Fire Department, the Fire Department requests that the
employee currently employed half time at DPW, be assigned to the Fire Department half
time (20 hrs.) as well.
RESOLVED, That the Common Council hereby amends the 2007 authorized Fire
Department roster as follows:
Add: One (1) Financial Management Assistant (20 Hours)
Delete: One (1) Financial Clerk (40 Hours)
and be it further
RESOLVED, That funding for said roster amendment shall be derived from existing
2007 Fire Department budget.
Carried Unanimously (8-0)
September 5, 2007
13
8.3 Department of Public Works - Request to Sign Contract and Amend Budget
for Grant - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) has been
awarded a $261,629.84 Grant from New York State Energy and Research &
Development Authority (NYSERDA) to research Fenton Reagent as part of the sludge
digestion process at the IAWWTF, and
WHEREAS, at its February 16, 2005 meeting, the Special Joint Sewer Committee
approved the City of Ithaca acting as lead agent on the governing of research under a
grant awarded by the New York State Energy Research & Development Authority, and
WHEREAS, the 2005 IAWWTP Budget was amended for said Grant, but the project
was never done or encumbered, and
WHEREAS, the grant total cost will be $261,629.84, with $196,447.20 in NYSERDA
funding and $65,182.64 in local matching funding through the IAWWTP, and
WHEREAS, the Special Joint Sewer Committee and Common Council, as part of the
approved 2007 Budget for the IAWWTP, approved operations costs that will qualify as
the projected $65,182.64 matching share, and
WHEREAS, the research will have the potential to develop repeat net annual savings
from reduction of sludge volume to be hauled and land-filled and increased gas to be
converted at the plant into heat or electricity; now, therefore, be it
RESOLVED, That Common Council authorizes the Mayor to sign the New York State
Energy Research & Development Authority contract on behalf of the City of Ithaca and
the Towns of Ithaca and Dryden upon approval of the SJC counsel, and be it further
RESOLVED, That Common Council hereby amends the 2007 Authorized IAWWTP
Budget as follows to account for said NYSERDA Grant:
Increase Revenue Account:
J8150-3989 State Aid Other Home & Community $196,447.20
Increase Appropriation Account:
J8150-5435 Contracts $196,447.20
and be it further
RESOLVED, That the local matching funding source of $65,182.64 shall be derived
from the existing 2007 IAWWTP Authorized Budget.
Carried Unanimously (8-0)
8.4 Youth Bureau - Request to Amend Roster – Change Recreation Program
Leader to Recreation Program Coordinator - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the Ithaca Youth Bureau has proposed to amend the roster by deleting the
Recreation Leader Position and creating a Recreation Program Coordinator position,
WHEREAS, the Youth Bureau has worked closely with the Human Resources
Department to develop this proposal and the Civil Service Commission approved the
New Position Duties Statement on June 13, 2007,
WHEREAS, this new position duty statement reflects the work that the current
Recreation Leader is performing for the Recreation Department,
WHEREAS, the Youth Bureau has proposed amending the 2007 Youth Bureau Budget
by transferring $754.00 from Account A7310 5120 01537 to Account A7310 5110
01501; now, therefore, be it
September 5, 2007
14
RESOLVED, That Common Council hereby amends the 2007 Youth Bureau budget
and roster as follows:
Delete: One (1) Recreation Leader position,
Add: One (1) Recreation Program Coordinator position.
Amend the 2007 Youth Bureau budget by transferring $754.00 from account A7310
5120 01537 to Account A7310 5110 01501
Carried Unanimously (8-0)
8.5 Attorney’s Office -Request for Amendment to Roster for City Attorney’s
Office – Replace Legal Assistant Position with Executive Assistant Position -
Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the Legal Assistant for the City Attorney has resigned, effective August 3,
2007, and
WHEREAS, the Legal Assistant position is the only office support position authorized for
the City Attorney’s office, and
WHEREAS, the City Attorney, in consultation with the Director of Human Resources,
has determined that the best approach to meeting the needs of the City Attorney’s
office, in the future, is to hire an Executive Assistant in place of the Legal Assistant, and
WHEREAS, the salary range for the Executive Assistant position is less than that for a
Legal Assistant, and
WHEREAS, the City Attorney has requested, under the “optional” 2008 budget, funding
sufficient for both an Executive Assistant (35 hours/week) and a Legal Assistant
(approximately 24 hours/week), and
WHEREAS, pending a Council decision on such request, during which pendency it is
anticipated that an Executive Assistant would be sought and hired, the Executive
Assistant position is best defined as being 35 hours/week; now therefore be it
RESOLVED, That Common Council hereby amends the 2007 authorized roster for the
City Attorney’s office as follows:
Add: One (1) Executive Assistant (competitive & confidential; 35 hours)
Delete: One Legal Assistant (40 hours)
and, be it further
RESOLVED, That said roster amendment shall be funded within existing 2007 City
Attorney budget account.
Carried Unanimously (8-0)
Recess:
Common Council recessed the meeting at 9:40 p.m.
Reconvene:
Common Council reconvened into regular session at 9:45 p.m.
Alderperson Berry left the meeting at 9:45 p.m.
ENVIRONMENT & NEIGHBORHOOD QUALITY COMMITTEE:
No items were submitted for the agenda
COMMUNICATION & EMERGENCY SERVICES COMMITTEE:
No items were submitted for the agenda
September 5, 2007
15
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
11.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
entitled “Zoning” to Amend the Design Review Ordinance
A. Declaration of Lead Agency for the Environmental Review –
Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, 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, and
WHEREAS, the proposed zoning amendment is an “Unlisted” action pursuant to the
City Environmental Quality Review Ordinance (“CEQR”), which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of the amendments to Chapter
325-41 Design Review.
Alderperson Tomlan explained that the Design Review Ordinance had been
reorganized to make it more useable and to add professional credentials to one of the
positions. She stated that it also addresses demolition issues.
A Vote on the Resolution resulted as follows:
Carried Unanimously (6-0)
(Alderperson Townsend absent from vote)
B. Determination of Environmental Significance – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca is considering a proposal to amend Chapter 325-41
Design Review in order to increase the number of design professionals on the Design
Review Board by one (from two of five members to three of five members), and also to
amend the ordinance in order to be more specific in articulating the review requirement
for new construction on the site of a demolition, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (“SEAF”), and
WHEREAS, this zoning amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239-l and m of the New York State General
Municipal Law, which requires that all actions within 500 feet of a county or state facility,
including county and state highways, be reviewed by the County Planning Department,
and has also been reviewed by the City of Ithaca Conservation Advisory Council and
the City of Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, and be it further
September 5, 2007
16
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously (7-0)
An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, entitled
“Zoning” to Amend the Design Review Ordinance
By Alderperson Tomlan: Seconded by Alderperson Cogan
ORDINANCE NO. 07-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1:
Section 325-41 of the City of Ithaca Municipal Code entitled “Design Review” is hereby
deleted in its entirety and replaced as follows:
§ 325-41. Design review
A. Intent
This section is intended to promote the general public welfare by:
(1) Promoting desirable urban growth and development
(2) Promoting excellence of architectural and urban design
(3) Preserving and enhancing community resources such as historic architecture
and neighborhood character
(4) Achieving compatibility with adjacent properties
The intent of this chapter is to provide for the review of plans for construction, exterior
alterations, additions, or demolition of structures in certain zones of the city or under
certain conditions, which zones and conditions are hereby deemed special in nature in
terms of architectural character, intensity of existing use and development, sensitivity to
the effect of change in use, or other reason.
The vehicle for this review shall be the Design Review Board.
B. Creation, Appointment, Membership and Organization of Design Review Board.
(1) The Mayor shall, with the approval of the Common Council, appoint a Design
Review Board consisting of five members, of whom at least four shall be residents of
the City of Ithaca or maintain professional offices within the boundaries of the City. At
least one member shall be a registered architect, and at least two other members shall
be either registered architects or members of an allied design profession, e.g., a
landscape architect, urban designer, architectural historian, interior designer, graphic
artist, etc. The Director of Planning and Development or his/her designee shall serve as
Secretary to the Board and as a nonvoting member.
(2) The terms of membership on the Design Review Board shall be for three years,
except that the initial members shall be appointed as follows: one member for one year,
two members for two years and two members for three years.
(3) The Board shall, at its first meeting of each year, elect one of its members as
Chairperson. In the absence of the Chairperson at any meeting, the Board shall choose
an Acting Chairperson for that meeting. Meetings shall be called by the Chairperson or
September 5, 2007
17
by the Director of Planning and Development and shall be held at least once annually,
in January.
(4) The Design Review Board shall from time to time adopt such rules and
regulations as it shall deem necessary to affect the purposes of this section. All such
rules and regulations shall be submitted to the Common Council for approval and
enactment into law. These rules and regulations shall be in effect when passed by the
Common Council and filed with the City Clerk.
C. Applicability.
Design review shall apply to all proposals for:
(1) New construction, exterior alterations, or additions to any structure within the
zones designated B-1b; B-2b; B-2c; B-2d; all CBD zones including CBD-60,
CBD-85, CBD-100, and CBD-120; and C-SU.
(2) New construction, exterior alterations, or additions to any structure 60 feet in
height or greater in any zone.
(3) New construction in locally designated historic districts. (In such cases, the
Ithaca Landmarks Preservation Commission shall be consulted before the
Design Review Board makes its recommendation.)
(4) Demolition of any primary structure within any zone, and demolition of any
portion of any structures within the zones designated as B-1b; B-2b; B-2c; B-2d;
all CBD zones including CBD-60, CBD-85, CBD-100, and CBD-120; and C-SU.
(5) New construction of a primary structure on a parcel within any zone within two
years following a demolition of a primary structure on that parcel.
(6) New or additional front entrances of accessory apartments. (The Board of Zoning
Appeals may refer applications for accessory apartment temporary permits for
advice when exterior design changes are proposed.)
D. Exemptions.
(1) Any action pertaining to an existing structure locally designated as a landmark or
within a locally designated historic district shall be reviewed by the Ithaca
Landmarks Preservation Commission, and is therefore exempt from the
requirement for review and recommendation by the Design Review Board.
E. Review Procedure.
(1)(a) The Building Commissioner, the Director of Planning and Development or the
Board of Zoning Appeals shall refer any applicable plans or proposals to the
Design Review Board immediately upon receipt of such plans.
(b) The Building Commissioner, the Director of Planning and Development, the
Board of Zoning Appeals, the Planning and Development Board, or the Ithaca
Landmarks Preservation Commission may refer any applications or appeals
regarding design at their discretion.
(c) Any individual or group proposing new construction or development anywhere
within the City of Ithaca may request the informal review and advisory
recommendation of the Design Review Board.
(2) Preliminary plans for new construction, alteration of an existing structure or
substantial rehabilitation, in accordance with the provisions of Subsection C of
this section, shall be referred to the Design Review Board at the schematic
design phase.
September 5, 2007
18
(3) The Board shall meet within 30 days of receipt of notice of such referral or
request to review such plan or proposal.
(4) Meetings held by the Design Review Board for review and recommendation on
plans or proposals shall be arranged to permit participation by the person or
group making the application or request and representatives of such person or
group, if desired. Architectural plans and drawings of building facades, lists of
finish materials and other information necessary to provide adequate insight into
the proposed construction or demolition shall be provided to the Design Review
Board by the person or group making the proposal or request.
(5) The Design Review Board shall provide to the Building Commissioner, the
Director of Planning and Development, and when relevant the Board of Zoning
Appeals, the Planning and Development Board, or the Ithaca Landmarks
Preservation Commission, a written recommendation concerning the
acceptability of each plan or proposal and any necessary or desirable changes
within 10 working days after the meeting date.
(6) The requirement for reporting may be extended by agreement with the individual
or group making the proposal, but failure of the Design Review Board to act
within either the 30 days or the agreed-upon extended period shall constitute
approval of the plan or proposal as submitted.
(7) Recommendations of the Design Review Board shall not be binding upon the
group or individual submitting the plan or proposal but shall be voluntary, unless
such recommendations shall also be incorporated into a decision of the Board of
Zoning Appeals or as a condition of site plan approval by the Planning and
Development Board.
Section 2. Severability.
If any section, sentence, clause or phrase of the Ordinance hereby enacted is held
invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect
the validity of any remaining portions of this Ordinance.
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Carried Unanimously (7-0)
11.3 Adoption of the Community Investment Incentive Program – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, on July 5, 2000, the Common Council of the City of Ithaca unanimously
requested that the Tompkins County Industrial Development Agency (“IDA”) undertake
a program to provide financial incentives for development of multi-story buildings within
a density target area encompassing the downtown central business district, the West
State Street corridor, the West End, and Inlet Island, and
WHEREAS, on September 20, 2001, the IDA amended its “Mission, Policies and
Procedures” to establish the “City of Ithaca Density Incentive Program” providing
incentives for multi-story development projects within the density target area, and
WHEREAS, the program remained in operation for five years and has since been
undergoing review by the IDA, and
WHEREAS, on June 7, 2006, the Common Council endorsed the continuation of an IDA
program of local tax abatements as a tool for encouraging appropriate real estate and
business investment in the urban core of the city, and
WHEREAS, in particular, the Common Council requested that the IDA establish the
Community Investment Incentive Program, under which projects would be reviewed by
the community and evaluated by the Common Council, and if endorsed by the Common
Council, proposed for recommendation by the Mayor to the IDA as eligible for tax
abatements, to wit:
September 5, 2007
19
“THAT the City will provide potential developers with the “Community Investment
Incentive Program” guidelines, which outline the process and include a list of
benefits that the Common Council deems important, and
THAT a developer will submit a request for Common Council’s endorsement of a
project, which will include a description of benefits that the project will provide to
the community, and
THAT community members will have opportunities to view and comment on a
project during an initial public presentation and a subsequent public hearing, and
THAT if the Common Council finds a project to be acceptable and in compliance
with the “Community Investment Incentive Program” guidelines, the Council will
pass a resolution authorizing the Mayor to recommend to the IDA that the project
be considered eligible for tax abatements, and
THAT said project shall be subject to the Site Plan Review, Design Review and
Zoning requirements applicable to all projects in the program target area, and
THAT the Common Council may review annually the project’s expected
performance and provision of community benefits,” and
WHEREAS, a subcommittee of the Common Council, composed of J. R. Clairborne,
David Gelinas, Shane Seger, and Dan Cogan, Chair, was charged with developing the
Community Investment Incentive Program, and has met at least eight times, and
WHEREAS, drafts of the proposed Community Investment Incentive Program have
been discussed by both the Planning and Economic Development Committee of the
Common Council (and its predecessors) and the Tompkins County Industrial
Development Agency at multiple meetings, and the proposed program has been revised
based on feedback from those bodies, and
WHEREAS, the draft of the Community Investment Incentive Program dated July 1,
2007, outlines the process that a developer seeking tax abatements under the program
must follow, from the presentation of the proposal to the community, through
consideration and evaluation by the Common Council and the IDA, to the possible
granting of abatements, and to the monitoring and reporting of completed projects, and
WHEREAS, said draft also includes a list of potential community benefits that proposed
projects may provide and against which proposed projects will be evaluated and scored
by Common Council prior to possible endorsement by Common Council, and
WHEREAS, the IDA has indicated that it supports a program of granting tax abatements
to projects within a density target area in the city based on a score derived from the
number of benefits that a project will provide; now, therefore, be it
RESOLVED, That the Common Council adopts the Community Investment Incentive
Program, as outlined in the draft dated July 1, 2007, and be it further
RESOLVED, That the Common Council requests that the IDA adopt a compatible
program for granting tax abatements to projects within the density target area in the city
that apply under the Community Investment Incentive Program.
Alderperson Gelinas extended his thanks to Alderperson Cogan for all of the time,
dedication and behind the scenes work he put into developing this program.
Alderperson Zumoff stated that he supports the concept of the program but cannot
support this Resolution because of the scoring system that was developed. He further
stated that he recognizes that it was meant to be an objective mechanism however he
feels it will make it a subjective process.
Alderperson Clairborne thanked Alderperson Cogan for his work on this project. He
stated that it took a lot of discussion and hard work but he is proud to have been part of
September 5, 2007
20
the team that developed this program. He further explained the minimum standards
required and different levels of scoring.
Alderperson Cogan thanked everyone who worked on the program. He stated that
concerns raised by Alderperson Zumoff have been addressed but he acknowledged
that various needs have to be balanced (i.e. favoring community vs. developers). He
stated that the program could be re-calibrated if it is not meeting the needs of the
community. He further stated that he would like to see it pass unanimously to send a
strong message to the IDA.
Alderperson Gelinas stated that this program is a great example of compromise in
government and public participation in government. He further stated that a lot of
feedback was received from many perspectives.
Alderperson Tomlan noted that the development of this program began from a series of
three public conversations approximately one year ago.
Mayor Peterson reported that Friday, September 7, 2007 the IDA will be meeting and
this item is on their agenda. She stated that she too would like to see a unanimous vote
especially as not all Council members are present.
A Vote on the Resolution resulted as follows:
Ayes (6) Coles, Tomlan, Townsend, Gelinas, Cogan, Clairborne
Nays (1) Zumoff
Carried (6-1)
11.4 Declaration of Lead Agency for the Environmental Review of the Proposed
Determination of Surplus Property and its Conveyance to the Ithaca Urban
Renewal Agency for Possible Sale – Resolution
By Alderperson Tomlan: Seconded by Alderperson Zumoff
WHEREAS, the Board of Public Works, by resolution dated June 13, 2007, has
determined that continued City ownership of a small area of City-owned land to the west
of the public sidewalk along the west side of the 100 block of South Aurora Street
(which area of land is shown as “Parcel A” on the “Survey Map Showing Lands of City
of Ithaca Located on South Aurora Street – City of Ithaca, Tompkins County, New York,”
prepared by T. G. Miller P.C., and dated July 3, 2007) is not necessary from a public
works standpoint, provided that any sale of such land is made subject to certain
conditions as set forth in that resolution, and
WHEREAS, the City of Ithaca is considering declaring the aforementioned parcel of
land to be surplus, and disposing of it by conveying title thereto to the Ithaca Urban
Renewal Agency for possible sale by that agency to an eligible and qualified sponsor of
an appropriate urban renewal project which would involve that site, subject to conditions
substantially the same as those recommended by the Board of Public Works, and
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for the purpose of conducting environmental review of projects in
accordance with local and state environmental law, 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, and
WHEREAS, the proposed conveyance of city-owned surplus property is an “Unlisted”
action pursuant to the City Environmental Quality Review Ordinance (“CEQR”), which
requires environmental review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself
Lead Agency for the environmental review of the proposal that the aforementioned
City-owned parcel of land be determined to be surplus, and that title thereto be
conveyed to the Ithaca Urban Renewal Agency (“IURA”) for possible sale by that
agency to an eligible and qualified sponsor of an appropriate urban renewal project
September 5, 2007
21
which would involve that site, such sale to be subject to conditions substantially the
same as those recommended by the Board of Public Works, and be it further
RESOLVED, That the environmental review of any specific, proposed development
involving the subject parcel, by a qualified and eligible sponsor selected by the IURA, be
conducted separately from and subsequent to this review, once the details of any such
proposed development are known and in any case prior to the required approval, by
Common Council, of any conveyance of the subject parcel to such a sponsor by the
IURA.
Carried Unanimously (7-0)
12. CITY ADMINISTRATION COMMITTEE:
12.2 Planning Department - Request to Establish Funds for Collegetown Urban
Plan and Design Guidelines - Resolution
By Alderperson Coles: Seconded by Alderperson Gelinas
WHEREAS, on December 7, 2005, the Common Council authorized the establishment
of a Client Committee charged with formulating a vision for Collegetown that would
reflect the interests and concerns of that community and the city as a whole, and with
recommending steps for its implementation, and
WHEREAS, in April 2006, Mayor Carolyn Peterson appointed a 12-member task force
to lead the effort to create a vision statement, including representation from the City, the
Collegetown business community, Cornell University administration, neighborhood
residents, students, and landlords, and
WHEREAS, after assessing Collegetown’s strengths, weaknesses, opportunities, and
threats, the task force identified five categories for consideration--Business, Housing &
Residential Neighborhoods, Circulation & Parking, Cultural Experience, and Urban
Design (since broadened to Urban Plan and Design Guidelines), and
WHEREAS, the Collegetown Vision Statement set out an overall statement of goals and
objectives, a listing of strengths and weaknesses and, for each of the five categories, a
goal (“vision”), challenges, and recommendations, and
WHEREAS, in presenting the Collegetown Vision Statement to the Common Council for
endorsement, Collegetown Vision Task Force members had suggested either the
extension of the scope of the existing task force or the establishment of a successor
task force to prepare an implementation strategy, and
WHEREAS, the Common Council endorsed the Collegetown Vision Statement as a
guide for shaping the growth and form of Collegetown at its meeting on June 6, 2007,
and
WHEREAS, with its endorsement of the Collegetown Vision Statement, the Common
Council established and charged the Collegetown Vision implementation committee with
prioritizing the recommendations of the vision statement and preparing a strategy to
implement these recommendations, and
WHEREAS, the development of an urban plan and design guidelines was a key
recommendation of the Collegetown Vision Statement and will be the basis for zoning
legislation to guide the realization of the vision, and
WHEREAS, in order to prevent construction that is inconsistent with the Collegetown
Vision Statement or detrimental to the realization of the vision, work on the urban plan
and design guidelines should begin as soon as possible, and
WHEREAS, the Collegetown Implementation Committee adopted a resolution urging
the Common Council to create a capital project to undertake the urban plan and design
guidelines, and
WHEREAS, Cornell University, having representation on both the Collegetown Vision
Task Force and the Collegetown Vision Implementation Committee, has made a
September 5, 2007
22
commitment to contribute a dollar for dollar match up to $75,000 toward the costs
associated with urban plan and design guidelines; now, therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project #
721Collegetown Urban Plan and Design Guidelines in an amount not to exceed
$75,000, and be it further
RESOLVED, That said funds be derived from a General Fund Advance with later
repayment by the issuance of Serial Bonds.
Alderperson Tomlan stated that Collegetown is a very important area to the City. It is a
place that receives many visitors and is also one of the most densely populated areas of
the city. It has legendary parking and circulation issues and this funding is
tremendously important to the project.
Alderperson Gelinas stated that this is the first step in a long process, and lobbying for
continued support of revitalization projects will continue throughout the next few years.
Alderperson Coles explained that $75,000 is half of the cost needed to implement the
urban plan and design guidelines.
A Vote on the Resolution resulted as follows:
Carried Unanimously (7-0)
2.3 Request to Approve Declaration of Official Intent for Johnson Controls
Energy Performance Contract Lease – Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
Lessee: CITY OF ITHACA
Principal Amount Expected To Be Financed: $2,398,254.00
WHEREAS, the above Lessee is a political subdivision of the State in which Lessee is
located (the “State”) and is duly organized and existing pursuant to the constitution and
laws of the State.
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing
Body") is authorized to acquire, dispose of and encumber real and personal property,
including, without limitation, rights and interests in property, leases and easements
necessary to the functions or operations of the Lessee.
WHEREAS, the Governing Body hereby finds and determines that the execution of one
or more lease-purchase agreements (“Equipment Leases”) in the principal amount not
exceeding the amount stated above (“Principal Amount”) for the purpose of acquiring
the property generally described below (“Property”) and to be described more
specifically in the Equipment Leases is appropriate and necessary to the functions and
operations of the Lessee.
WHEREAS, Chase Equipment Leasing Inc. ("Lessor") is expected to act as the lessor
under the Equipment Leases.
WHEREAS, the Lessee may pay certain capital expenditures in connection with the
Property prior to its receipt of proceeds of the Equipment Leases (“Lease Purchase
Proceeds”) for such expenditures and such expenditures are not expected to exceed
the Principal Amount.
WHEREAS, the U.S. Treasury Department regulations do not allow the proceeds of a
tax-exempt borrowing to be spent on working capital and the Lessee shall hereby
declare its official intent to be reimbursed for any capital expenditures for Property from
the Lease Purchase Proceeds, now, therefore, be It
RESOLVED, by the Governing Body of the Lessee:
Section 1.
September 5, 2007
23
Either one of the Mayor or the Controller (each an “Authorized Representative”) acting
on behalf of the Lessee is hereby authorized to negotiate, enter into, execute, and
deliver one or more Equipment Leases in substantially the form set forth in the
document presently before the Governing Body (Schedule A-1), which document is
available for public inspection at the office of the Lessee. Each Authorized
Representative acting on behalf of the Lessee is hereby authorized to negotiate, enter
into, execute, and deliver such other documents relating to the Equipment Lease
(including, but not limited to, escrow agreements) as the Authorized Representative
deems necessary and appropriate. All other related contracts and agreements
necessary and incidental to the Equipment Leases are hereby authorized.
Section 2.
By a written instrument signed by any Authorized Representative, said Authorized
Representative may designate specifically identified officers or employees of the Lessee
to execute and deliver agreements and documents relating to the Equipment Leases on
behalf of the Lessee.
Section 3.
The aggregate original principal amount of the Equipment Leases shall not exceed the
Principal Amount and shall bear interest as set forth in the Equipment Leases and the
Equipment Leases shall contain such options to purchase by the Lessee as set forth
therein.
Section 4.
The Lessee's obligations under the Equipment Leases shall be subject to annual
appropriation or renewal by the Governing Body as set forth in each Equipment Lease
and the Lessee’s obligations under the Equipment Leases shall not constitute general
obligations of the Lessee or indebtedness under the Constitution or laws of the State.
Section 5.
The Governing Body of Lessee anticipates that the Lessee may pay certain capital
expenditures in connection with the Property prior to the receipt of the Lease Purchase
Proceeds for the Property. The Governing Body of Lessee hereby declares the
Lessee’s official intent to use the Lease Purchase Proceeds to reimburse itself for
Property expenditures. This section of the Resolution is adopted by the Governing Body
of Lessee for the purpose of establishing compliance with the requirements of Section
1.150-2 of Treasury Regulations. This section of the Resolution does not bind the
Lessee to make any expenditure, incur any indebtedness, or proceed with the purchase
of the Property.
Section 6.
This Resolution shall take effect immediately upon its adoption and approval.
Alderperson Coles explained that this document allows the City to borrow the money
needed to pay for the Johnson Control improvements and that the costs will be repaid
by energy savings to the City.
Alderperson Clairborne asked how often reports would be given regarding energy
savings.
City Controller Thayer responded that reports would be completed in the final step of
the funding process as Johnson Controls guarantees savings to the City through this
program.
A Vote on the Resolution resulted as follows:
Carried Unanimously (7-0)
REPORT OF CITY CONTROLLER:
City Controller Thayer reported on the following items:
The Mayor and he have met with all department heads regarding their 2008
budget proposals and the general concepts of the budget are being prepared.
2008 will be a challenging budget year for the City.
September 5, 2007
24
The City is waiting to hear about projected health insurance costs and sales tax
revenues
Pension costs are decreasing slightly
2006 Financial report activity should be completed within the month.
2007 – health insurance costs are at budget currently
Overtime costs are approximately $150,000 over budget
Sales tax is projected to be 6% over the 2006 budget, but running $94,000
short of 2007 projections however the economy is still viable
Parking revenues are at budget, meter revenues are still a little over budget but
are down from projections as the Aurora Street project had a negative impact on
revenue.
Dryden Road Garage budget figures are 3% higher even with the construction
that took place, as a result of the new parking equipment that was installed.
13. REPORT OF SPECIAL COMMITTEES:
There were no reports from special committees.
14. NEW BUSINESS:
14.1 Appointment of Marriage Officer - Resolution
By Alderperson Coles: Seconded by Alderperson Gelinas
WHEREAS, a request has been received from Rebecca Anne Doyle-Morin to be
appointed as a Marriage Officer so that she would be able to officiate the wedding
ceremony of her friends; now, therefore, be it
RESOLVED, That Rebecca Anne Doyle-Morin be appointed as a Marriage
Officer for the dates of September 22 and 23, 2007.
Ayes (6) Coles, Clairborne, Tomlan, Gelinas, Townsend, Cogan
Nays (1) Zumoff
Abstentions (0)
Carried (6-1)
14.2 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution
By Alderperson Cogan: Seconded by Alderperson Clairborne
WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize
certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sushi O Sake Japanese Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2007, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi O Sake
Japanese Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (7-0)
14.3 Request of Ithaca Downtown Partnership to Permit Wine and Hard
Cider Tasting and Sale of Bottled Wine and Hard Cider at the 2007 Apple Harvest
Festival on the Commons - Resolution
By Alderperson Zumoff: Seconded by Alderperson Clairborne
September 5, 2007
25
WHEREAS, the Ithaca Downtown Partnership has requested permission for wine and
hard cider tasting and sales as part of the 2007 Apple Harvest Festival; now, therefore,
be it
RESOLVED, That the Ithaca Downtown Partnership be authorized to arrange for wine
and hard cider tasting and sale of bottled wine and hard cider at booths during the
Apple Harvest Festival on the Ithaca Commons, September 28 through September 30,
2007, and, be it further
RESOLVED, That the Ithaca Downtown Partnership and participating wineries shall
comply with all applicable state and local laws and ordinances, and shall enter into an
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of wine and hard cider on
the Ithaca Commons, and, be it further
RESOLVED, That the Ithaca Downtown Partnership or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of
Ithaca as an additional insured, and shall provide evidence of such insurance to the City
Clerk prior to the event.
Carried Unanimously (7-0)
15. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
15.1 A Resolution to Extend the Charge of the Collegetown Vision
Implementation Committee (CVIC)
By Alderperson Tomlan: Seconded by Alderperson Clairborne
WHEREAS, in its resolution endorsing the Collegetown Vision Statement, the Common
Council on June 6, 2007, established a committee to prepare an implementation
strategy and charged it with the prioritization of the recommendations of the vision
statement and the development of a process for their implementation, including the
preparation of a schedule, estimation of a budget, identification of funding sources, and
definition of project boundaries for a two-step approach to an urban plan for
Collegetown, and
WHEREAS, the membership of that committee, to be appointed by the Mayor, was to
include representation from the City of Ithaca Common Council, the Planning and
Development Board, Cornell University administration, neighborhood residents,
students, members of the business community, and interested members of the
Collegetown Vision Task Force, and
WHEREAS, the appointed members of the committee, which has now been identified
as the Collegetown Vision Implementation Committee (“CVIC”), are Jennifer Wilkins
(Chair), Doug Dylla, Steve Golding, Dan Kathan, Jane Marcham, Svante Myrick, John
Ryan, Herman Sieverding, and Mary Tomlan, and
WHEREAS, the CVIC has had three meetings, at which the committee has discussed
the recommendations of the vision statement, the Cornell Council for the Arts proposal
for an ideas competition, the current development climate in Collegetown, and the
components of an urban plan, and
WHEREAS, CVIC members have concurred that the vision statement contains a
number of recommendations and proposals that will provide an urban design consultant
with a broad base of creative ideas from which to develop the urban plan and design
guidelines, and
WHEREAS, CVIC members have indicated a commitment to one intent of the proposed
ideas competition to engage stakeholders and elicit further ideas for the development of
the plan and guidelines, and
WHEREAS, at its August 28 meeting, the committee, by a vote of 7-0-1, with Steve
Golding abstaining and Jane Marcham not present, elected to move directly to a
process that would result in an urban plan and design guidelines, instead of being
preceded by an ideas competition, and
September 5, 2007
26
WHEREAS, the CVIC discussions have indicated an interest among members to go
beyond the initial charge to the committee, to participate in drafting and issuing a
Request for Qualifications (“RFQ”), to review the submission of qualifications by
applicant firms, and to act as a selection committee that would recommend a consultant
and
WHEREAS, the development of an FQ and the selection of a recommended consultant
are tasks that the CVIC is willing and prepared to undertake, and
WHEREAS, it is recommended that Third and Fourth Ward Alderpersons, as
representatives of the Collegetown area and of the Common Council, join with the
committee in undertaking these tasks, and
WHEREAS, there are known to be a number of parties interested in developing sites in
Collegetown, and in order to prevent construction that is inconsistent with the
Collegetown Vision Statement or detrimental to the realization of the vision, it is
important to begin work on the urban plan and design guidelines as expeditiously as
possible, now therefore be it
RESOLVED, That the Common Council, having established the implementation
committee for the realization of the vision for Collegetown and having given that
committee an initial charge, hereby extends that charge to the Collegetown Vision
Implementation Committee to encompass the tasks described above, with the
participation of the Common Council members from the Third and Fourth Wards,
culminating in the recommendation of a consultant to the Mayor, and be it further
RESOLVED, That the Mayor be authorized to execute any documents required to
implement this resolution.
Alderperson Tomlan explained that the Implementation Committee has been very active
and well represented by interested parties. She would like to see the committee work
deliberately and expeditiously. She further stated that the committee would be
proposing a twelve (12) month building moratorium in the Collegetown area.
Alderperson Townsend reported that Jennifer Wilkins has done a great job with the
implementation committee. He asked what would be lost by taking out the ideas
competition, which is a competitive and creative aspect of the process. He further
stated that he understands the time constraints involved with the building moratorium
and the potential development locating elsewhere in the City.
A vote on the Resolution resulted as follows:
Carried Unanimously (7-0)
Resolution to Extend Meeting:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That the meeting be extended to 11:15 p.m. in order to finish the
remaining items on the agenda.
Carried Unanimously (7-0)
MAYOR’S APPOINTMENTS:
There were no appointments made at this meeting.
REPORTS OF COMMON COUNCIL LIAISONS:
There were no reports from Common Council liaisons.
REPORT OF CITY CLERK:
18.1 City Clerk Holcomb reported to Common Council that she has been invited to
travel to Ithaca’s sister-city, Elios Pronni, Greece as part of a delegation selected by the
Cornell University Institute for European Studies. She will be departing on October 3,
2007 and will return on October 11, 2007. Mayor Peterson was not able to participate in
this trip due to the timing of it and the City’s budget deliberations however an invitation
has been extended to her to visit at a later date.
18.2 City Clerk Holcomb read into the record the following notice from the Ithaca
Urban Renewal Agency:
September 5, 2007
27
City’s Consolidated Plan:
CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
PUBLIC COMMENT PERIOD.
The City of Ithaca is required by the U.S. Department of Housing and Urban
Development (HUD) to annually report on its progress in implementing its Consolidated
Plan. The report, known as the FY07Consolidated Annual Performance and Evaluation
Report (CAPER), will be submitted to HUD on September 27, 2007. The report is
available for public comment from September 6 through September 21, 2007 and may
be reviewed in the City’s Community Development Office, Third Floor, City Hall, 108
East Green Street, Ithaca, New York. Citizens should submit their comments in writing
to the address above before Noon on September 21, 2007. Public comments will be
attached to the CAPER and forwarded to HUD.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that there have been no new lawsuits filed against the
City.
MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of the August 1, 2007 Regular Common Council Meeting Minutes
– Resolution
By Alderperson Gelinas: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the August 1, 2007 Regular Common Council Meeting
be approved with noted corrections.
Carried Unanimously (7-0)
ADJOURNMENT:
On a motion the meeting adjourned at 11:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor