HomeMy WebLinkAboutMN-CC-2008-02-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. February 6, 2008
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Deputy Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Building Commissioner – Radke
GIAC Director – Fort
Deputy GIAC Director – McBean-Clairborne
Youth Bureau Director - Green
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested the addition of an Executive Session to discuss pending
litigation.
4. SPECIAL ORDER OF BUSINESS:
4.1 The J. Diann Sams Annual African American History Month Resolution
Honoring Lucy Brown in honor of African-American History Month
By Alderperson Clairborne: Seconded by Alderperson Myrick
WHEREAS, since 2004, the City of Ithaca Common Council has recognized an
individual in our community of great esteem and stellar leadership during African-
American History Month and, in so doing, established a tradition of honoring
outstanding leadership, courage against unspeakable odds, and an unwavering vision
that is in keeping with African American History Month’s founder and visionary Dr.
Carter G. Woodson, and
WHEREAS, Common Council first bestowed this honor in 2004 on the late J. Diann
Sams, a civil rights leader, first African-American woman who was also disabled who
served on Common Council, and long-time public servant; the 2005 honoree was Dr.
James Turner, a world-renowned scholar and founder of the Africana Studies and
Research Center at Cornell University; in 2006 we honored Mr. Calemeze (Cal) D.
Walker, a well-respected scholar, associate director of Cornell University’s Learning
Strategies Center, visionary leader, and deacon at the historic Calvary Baptist Church;
and in 2007 this recognition went to Mrs. Frances Eastman, a long-time Southside
community resident, first woman of color supervisor of medical records at Cayuga
Medical Center, former civil service commissioner, and past recipient of the Tompkins
County “Senior citizen of the Year”; and
WHEREAS, this annual recognition was renamed in 2007 in honor of former
Alderperson J. Diann Sams, and her tireless efforts on behalf of African-Americans; and
WHEREAS, it is also vitally important to understand Dr. Carter Woodson’s legacy and to
note that at age 17 he was an untutored coal miner, at age 19, after self-instruction in
mathematics and English, he finished secondary school in two years; and how at age
22, after nearly a year at Berea College in West Virginia, he returned to the mineshafts;
and
February 6, 2008
2
WHEREAS, Dr. Carter G. Woodson later obtained degrees from the University of
Chicago and Harvard University, where he also received a doctorate in history-the
second African American ever to do so; and in this extraordinary career spanning three
crucial decades, the man and the history became one, so much so that it is impossible
to deal with the history of African-American people without touching upon, at some
point, the personal history of Dr. Woodson, who became the catalyst for founding the
celebration called either Black History or African American History Month; and
WHEREAS, another such individual who has made an indelible stamp upon history and
is so revered that she is worth of community support and recognition is Ms. Lucy J.
Brown, a native Ithaca, and whose service to this community has established a stellar
example for all to model; and
WHEREAS, during nearly three decades as a staff member at Cornell University’s
College of Human Ecology and former Department of Education, Ms. Brown was
instrumental in helping bridge the gap between Cornell University and the City of Ithaca,
not limited to but including serving as a liaison between Cornell’s Africana Study and
Research Center and the Southside Community Center, whose board of directors she
sat on, and established a jointly sponsored afterschool program at the center; and
WHEREAS, Ms. Brown’s insistent belief of committing to local community service led to
her former membership with the City of Ithaca’s Board of Public Works and the Ithaca
Urban Renewal Agency, where she served several years as chairwoman of the
Housing, Neighborhoods, and Infrastructure Committee, as well as continued
membership with the Daughters of the Elks – Cayuga Temple No. 54; and
WHEREAS, Ms. Brown’s advocacy for children led to her appointment on the Ithaca
City School District Board of Education where she spoke emphatically on the
disproportionate negative impact some school district policies were having on
underrepresented minority students and families with unrestrained passion in a
commanding voice with unshakable resolve; and
WHEREAS, her commitment to affordable housing led to Ms. Brown’s involvement as a
founding member of Ithaca Neighborhood Housing Services, where her support of the
organization and promotion of the neighborhood concerns as a focus of the organization
resulted in the creation of the Lucy Brown Award for Community Leadership; and
WHEREAS, Ms. Brown continues to contribute to the community in many ways while
balancing family, friends, globetrotting such as witnessed through her involvement with
the Village at Ithaca education initiative; now, therefore be it
RESOLVED, That the City of Ithaca Common Council urges all citizens to recognize the
invaluable contributions of this positive, affirming, and dedicated citizen Ms. Lucy J.
Brown, who through her unwavering commitment to social justice and speaking out
against racism, discrimination, oppression, and injustice; and the strong partnerships
she has forged that educate our community and leaders throughout the nation about the
invaluable role of history, particularly African history, in so doing, she is worthy of honor,
not only each year in February, but throughout the entire calendar year.
Alderperson Clairborne presented the 2008 J. Diann Sams Annual African American
History Month award to Ms. Lucy J. Brown for her unwavering commitment to social
justice.
Ms. Brown accepted the award and paid tribute to Diann Sams and her invincible spirit.
Officer J.B. Nelson, a son of Diann Sams, thanked Alderperson Clairborne for
continuing this tradition. He further thanked Ms. Brown for her comments and devotion
to the City of Ithaca.
February 6, 2008
3
Alderperson Rosario thanked Ms. Brown for welcoming him to the community and for
the support and guidance she gave him. He stated that Ms. Brown educated him on the
history of the community and helped him in finding his leadership potential.
Mayor Peterson thanked Ms. Brown for her many contributions to the City of Ithaca.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Ithaca Police Department
Acting Chief Edward Vallely and Sgt. Douglas Wright of the Ithaca Police Department
presented the department’s newest addition to their web page called the “E-Blotter”.
The E-Blotter is a listing of daily police activity in all areas of the City. In addition to the
blotter, a map of police beats and a glossary of terms have been posted to help people
understand law enforcement terminology. Chief Vallely explained that this tool was
developed in response to requests from the public for more information on activities
taking place in their neighborhoods.
Acting Chief Vallely further stated that the Police Department and the Department of
Information Technology worked together to develop this tool and they welcome input
from the community.
Common Council members thanked the staff from both departments for their
responsiveness to the public and stated that they were impressed by this new, dynamic
tool.
Town of Ithaca Report:
Town Supervisor, Herb Engman addressed Common Council on the following items:
Town/City cooperation and shared services (sewer, recreation, and fire)
An assisted living facility for 80 people that will accept Medicaid has been
proposed for a location on Rt. 96.
Gateway Trail project proposal from Emerson to Buttermilk Falls to the Black
Diamond Trail
Joint City/Town Study Committee has been discussing the advantages and
disadvantages of consolidation
City and Town Comprehensive Plans and the possibility of using shared liaisons
to facilitate the flow of information (Ulysses and Dryden are working on their
plans too).
Tompkins County Legislature Report:
Tompkins County Legislator, Pam Mackesey addressed Common Council on the
following items:
Lucy Brown Award – she was happy to be present for the award presentation
and the tribute to Diann Sams
Welcome to the new members of Common Council
Tompkins County Legislature is in a state of transition – Mike Koplinka-Loehr has
assumed the role of Chair; and Carol Chock has filled Dick Booth’s vacancy
The County is in the search process for a new County Administrator
Brown Road building purchase for the Tompkins County Health Department re-
location
NYS has chosen new electronic voting machines that should be in place shortly
Property assessments – she encouraged the public to let their elected
representatives know if they felt strongly about the tri-annual system.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Allen Green, Ithaca Youth Bureau Director, announced that the Ithaca Youth Bureau is
celebrating its 60th anniversary! There will be various special events and celebrations
throughout the year.
Stephen Engleman, Town of Ulysses, addressed Council and stated that he has a
proposal that would reduce truck traffic in the city’s residential neighborhoods that he
would be willing to share with city officials on the condition that the temporary off-leash
dog area is made into a permanent dog park.
February 6, 2008
4
Brian Noteboom, Carpenter’s Union, reported on the Cayuga Green Project’s use of
local union workers. He further expressed concern that a sub-contractor on the
Lakeview Mental Health project has a history of mis-classification of workers. He urged
Council to reconsider the tax exemption status of the project.
Lillian Lightborn, Town of Ithaca, addressed Council regarding the Greater Ithaca
Activities Center’s (GIAC) need for building repairs and renovations as it supports so
many people, services, and programs.
William Meyer, City of Ithaca, addressed Council to offer a presentation of information
related to 9/11. He further offered a history of Nazi activity in World War II and
compared it with the actions of the United States and the current administration under
President Bush.
Jeanne Fudala, Town of Alpine, addressed Council in support of the proposed carbon
tax resolution.
Johnathan Reed and Lori Brewington, of the GIAC Teen Program, addressed Council
regarding the need for more space at GIAC for their programs.
Sigrid Kulkowitz, addressed Council in support of a carbon tax and stated that the
ultimate goal is to reduce dependence on fossil fuels. She urged Common Council to
be the leader in pushing this issue to the national agenda.
Lynnda Cahoon and Travis Brooks, GIAC employees, addressed Council regarding the
impact that the condition of the GIAC building has on kids. They stressed the need to
provide a stable environment in which the children feel safe. They noted that the
building is not just a work environment for city employees but it is also a building where
many programs for the community are offered. They urged Council to support funding
for repairs and renovations to improve the building.
Leslyn McBean-Clairborne, Deputy Director of GIAC, stated that she feels that GIAC
gets taken for granted because they always find a way to “make-do” with what they
have. She noted that GIAC programs were temporarily moved to four different locations
last year because of the condition of the building. She urged support of funding for
repairs and renovations.
Margaret McCasland, addressed Council in support of the request to improve the GIAC
building, the proposed carbon tax resolution, and the award presented to Lucy Brown.
Fay Gougakis, City of Ithaca, voiced her concerns regarding the crime rate in the
community and the increase in pedestrian/vehicle accidents. She expressed her
support for the comments made regarding the needed improvements at GIAC. She
further stated that she would like to invite a professional from Toronto to speak in Ithaca
regarding pedestrian and bicycle safety issues.
Sally Wessels, Town of Ithaca, addressed Council in support of funding for the repairs
and space adjustments needed at GIAC.
Sylvester Johnson, Town of Caroline, addressed Council in support of the proposed
carbon tax resolution.
City Clerk Holcomb read the following e-mail from former Alderpersons Michelle Berry
and Gayraud Townsend into the record:
“With both of us out of town and unable to attend this evening, we wanted to send our
congratulations to Ms. Lucy Brown, her family, and friends of the annual J. Diann Sams
Annual African American History Month resolution, a recognition given each year to an
Ithaca community member “of great esteem and stellar leadership”. We want to thank
you for your commitment to the community and wish you continued success in the
future. We also thank our former Common Council colleagues for continuing this fine
tradition, begun in 2004.”
February 6, 2008
5
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
7.1 Announcement of the Availability of the 2008 Annual Disclosure Forms for
the Mayor and Common Council
City Clerk Holcomb announced the availability of the 2008 Annual Disclosure forms for
the Mayor and Common Council.
Alderperson Coles responded to comments made regarding the GIAC building and
stated that it is a high priority issue for the City. Many meetings have been held to
discuss how to proceed with this project.
Alderperson Korherr thanked everyone for coming to speak at the meeting. She further
thanked Mr. Noteboom for raising the awareness of Common Council regarding his
concern of worker misclassification at the Lakeview Mental Health project. She also
responded to comments made regarding the GIAC building.
Alderperson Schuler reported that the American Mobile Dental Van will be available for
people without dental insurance in various municipalities throughout Tompkins County
every other Monday from 8:30 a.m. to 4:30 p.m.
Alderperson Clairborne spoke in recognition of Ms. Lucy Brown and stated that he was
very proud that she was selected for this award because she pushes leadership,
diversity, and inclusion naturally. He further responded to comments made regarding
the GIAC building and noted that some of the staff of GIAC is comprised of former
participants of its programs. He noted that February is Black History Month and the
community recently lost three white allies: Ben Nichols, Don Barr, and Harvey Fireside.
Their passing will leave a big void.
Alderperson Rosario responded to concerns made regarding the GIAC building. He
noted that commitments have been expressed about getting things done but concerns
have been raised in the community that perhaps the commitment isn’t as strong as it
should be.
8. CONSENT AGENDA ITEMS:
8.1 DPW - Approval of 100 Block N. Aurora St. Sidewalk Assessments -
Resolution
By Alderperson Zumoff: Seconded by Alderperson Cogan
WHEREAS, the Sidewalk Assessments for the widening of the sidewalks of the 100
Block of North Aurora Street have been reviewed by the Board of Public Works (BPW),
and
WHEREAS, the BPW has approved the sidewalk assessments; now, therefore, be it
RESOLVED, That Common Council hereby approves the Sidewalk Assessment
Schedule attached and directs the City Chamberlain to make the appropriate billing for
said assessments.
Carried Unanimously
8.2 Youth Bureau - Request for Budget Amendment - Resolution
By Alderperson Zumoff: Seconded by Alderperson Cogan
WHEREAS, the Ithaca Youth Bureau has been advised by the U.S Department of
Education that they have been awarded a Safe and Drug-Free Schools and
Communities Mentoring Program grant, and
WHEREAS, the total grant awarded is for $169,395 funded over both 2007 and 2008,
and
WHEREAS, the goal of this funding is to provide long-term mentoring and academic
support for 50 middle school youth through the Youth Bureau College Discovery
Program and Paul Schreurs Memorial Program; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2008 Youth Bureau Budget to
account for the 2008 portion of said grant as follows:
February 6, 2008
6
Increase revenue account:
A7310 - 4820 – 01200 Federal Aid $9,544
A7310 - 4820 - 01201 Federal Aid $2,800
A7310 - 4820 - 01206 Federal Aid $6,200
A7310 - 4820 - 01221 Federal Aid $7,956
A7310 - 4820 - 01240 Federal Aid $71,658
A7310 - 4820 - 01400 Federal Aid $8,179
$106,337
Increase expense account:
A7310 - 5125 - 1201 Overtime $1,800
A7310 - 5460 - 1201 Program Supplies $1,000
A7310 - 5120 - 1206 Part time Seasonal $4,950
A7310 - 5460 - 1206 Program Supplies $1,250
A7310 - 5120 - 1221 Part time/ Seasonal $4,310
A7310 - 5125 - 1221 Overtime $1,800
A7310 - 5445 - 1221 Travel & Mileage $1,846
A 7310 - 5120 -1240 Part time/ Seasonal $48,398
A7310 - 5110 - 1240 Staff Salary $2,361
A7310 - 5435 - 1240 Contractual $11,000
A7310 - 5445 - 1240 Travel & Mileage $5,149
A7310 - 5460 - 1240 Program Supplies $4,750
A7310 - 5405 – 1400 Telephone $1,000
A7310 - 5435 - 1400 Contracts $1,000
A7310 - 5437 - 1400 Merchant Expenses $2,000
A7310 - 5420 - 1400 Gas & Oil $2,000
A7310 - 5425 – 1400 Office Expense $1,000
A7310 - 5476 – 1400 Equipment Maintenance $500
A7310 - 5480 – 1401 Building Maintenance $679
A7310 – 9030 FICA/Medicare $4,867
A7310 – 9040 Workers Comp. $4,677
$106,337
Carried Unanimously
9. CITY ADMINISTRATION COMMITTEE:
9.1 Safety Committee – Request to Establish Capital Project for Workplace
Violence Prevention Improvements - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, recently passed New York State legislation requires municipalities to have
a Workplace Violence Prevention Program, and
WHEREAS, in response to that legislation, a City Workplace Violence Prevention Team
was formed, and
WHEREAS, the team recognized that the scope of security expertise required was
beyond in-house capabilities, and
WHEREAS, the City contracted with Business Protection Specialists Inc. (BPS) to
conduct a security assessment of all city facilities, and
WHEREAS, the resulting assessment prioritized 146 recommendations, determined
operational and facility deficiencies, and recommended equipment upgrades to achieve
support safeguards, and
WHEREAS, the recommendations identified several high priorities and immediate
issues of concern to be addressed, and
WHEREAS, the cost estimate for implementing the high priority recommendations are
approximately $51,000, including financing costs; now therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project #742 in an
amount not to exceed $51,000 for the purposes of implementing said workplace
violence prevention improvements, and be it further
February 6, 2008
7
RESOLVED, That funds necessary for said project shall be derived from a General
Fund Advance with later repayment from the issuance of Serial Bonds if necessary.
Carried Unanimously
9.2 DPW - Amendment of Capital Project #706 for Stewart Park Dock Construction
- Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, on January 8, 2008 the City accepted and opened bids for the design and
construction of a dock at Stewart Park, and,
WHEREAS, the apparent qualified low bidder is McPherson Builders of Ithaca for
approximately $70,000, and,
WHEREAS, the total estimated project budget based upon the apparent qualified low
bid is $96,000, and,
WHEREAS, as part of the 2007 Authorized Capital Budget, Capital Project #706
Stewart Park Dock Construction was approved in the amount of $40,000, and
WHEREAS, the post bid project budget estimate is $96,000, which exceeds the current
project authorization by $56,000; now, therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #706 Stewart Park
Dock Construction in an amount not to exceed $56,000 for a new total project
authorization not to exceed $96,000 for purposes of constructing said dock, and be it
further
RESOLVED, That said project amendment of $56,000 shall be derived from the
following sources:
Trust and Agency ECHO (Every Child has Opportunities)
Fund $15,000
General Fund Advance (later repayment from the
issuance of Bonds if necessary) $41,000
Alderperson Zumoff stated that this project is a great idea but he cannot support adding
more than 100% of the original appropriation to fund a project that should have been
properly estimated.
Alderperson Schuler stated that a full explanation was given at the committee meeting
of why the estimate was inadequate.
Alderperson Cogan explained that construction costs are skyrocketing and impacting
municipalities nationwide.
Alderperson Rosario stated that the process used to determine the estimates for capital
projects is imperfect and needs attention. He further stated that he would support the
Resolution as he understands the circumstances behind it.
Alderperson Myrick stated that he shared Alderperson Zumoff’s sentiments however if
the project is delayed, project costs will continue to rise.
A Vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Schuler, Myrick, Cogan,
Korherr
Nays (1) Zumoff
Abstentions (0)
Carried
February 6, 2008
8
9.3 An Ordinance to Amend Chapter 178 of the City of Ithaca Municipal Code
Entitled “Exterior Property Maintenance”, Sections 178-2, 178-3 and 178-7,
Regarding the Clearing of Snow and Ice from Sidewalks
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, Chapter 178 of the City Code (“Exterior Property Maintenance”) was
adopted in 2001 to establish the minimum standards for maintenance of exterior
grounds and visible facades in the City of Ithaca; and
WHEREAS, violation of this Chapter can result in the issuance of an appearance ticket
by the Building Department’s Exterior Maintenance Officer; and
WHEREAS, Subsection 178-3.J. of Chapter 178 establishes that a property owner’s
sidewalk must be free from snow and ice within 24 hours after the beginning of a
snowfall; and
WHEREAS, in 2005, in response to a continuing problem as to property owner
compliance with this requirement, Common Council amended Subsection 178-3.J. to
authorize the Superintendent of Public Works (or his or her designee) to clear sidewalks
not maintained by the property owner in compliance with the ordinance, and to cause
the property owner to be billed for such clearing; and
WHEREAS, in making the 2005 amendment, Common Council did not modify the
language of Section 178-7 (now entitled “Notification when City intends to correct
violation”), which requires that the Building Commissioner provide at least five days
written notice of any violation of the chapter, to the affected property owner, before the
City can correct such violation and charge a fee to the property owner for such
correction, and which allows the property owner to request a hearing before the Board
of Public Works (which hearing automatically stays any further enforcement of the
alleged violation); and
WHEREAS, a five-day (or more) delay in the clearing of snow and/or ice from a
sidewalk essentially defeats the purpose of Subsection 178-3.J. and should not be
imposed or allowed by the ordinance; and
WHEREAS, Common Council also wishes to increase the minimum charge for the
correction of a violation of Chapter 178 (to $50) and to clarify the ordinance in certain
other respects; now therefore
ORDINANCE 08-____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1:
Section 178-2 of the Municipal Code of the City of Ithaca is hereby amended by the
addition of the following definition:
SNOWFALL – A measurable accumulation of snow or ice, not including trace or flurry
events resulting in no measurable ground accumulation of snow or ice.
Section 2:
Subsection 178-3.J of the Municipal Code of the City of Ithaca is hereby amended as
follows:
J. Sidewalks; snow and ice. [Amended 12-7-2005 by Ord. No. 05-25]
(1) Sidewalks shall be free from snow and ice for the full paved width of such
sidewalk, except within 24 hours after the beginning of a snowfall. Failure to
comply shall be punished as provided in §178-10B(2). Each day that a
violation continues shall be considered a separate offense.
(2) For properties that abut the intersection of two streets, the sidewalks shall
include that portion of the sidewalk that runs to the curbline of any street and shall
include any access ramps therein. (See §285-5.)
February 6, 2008
9
(3) When snow and ice on any sidewalk within the time period specified in
Subsection J(1) above is frozen so hard that it can not be removed without injury to the
sidewalk, it shall, within the time specified in Subsection J(1) above be strewn and kept
strewn with ashes, sand, sawdust or other suitable material, so as to be no longer
dangerous to life and limb. As soon as practical thereafter, the sidewalk shall be
completely cleared of snow, ice and other materials strewn thereon, as provided in
Subsection J(1).
(4) Whenever the sidewalks are any sidewalk is not kept free from snow and ice as
defined in Subsection J(1), the Superintendent of Public Works or his or her designee
may clear the sidewalk so that it is free from snow and ice and shall notify the City
Chamberlain of the expense incurred by the amount of labor equipment and materials
used. The minimum charge shall be $25 50. The City Chamberlain shall promptly
present to the owner of each any parcel so cleared a bill for the removal of snow and
ice, as certified by the Superintendent of Public Works. If not paid within 30 days, the
cost thereof shall be assessed against the property, added to its tax and become a lien
thereon, collectible in the same manner as delinquent City taxes. Appeals from this
section shall only be permitted if written notice of appeal is received by the Ithaca City
Clerk within 45 days after the mailing of the bill from the Chamberlain, and such appeals
shall be taken to the Board of Public Works.
Section 3:
Subsection 178-7 of the Municipal Code of the City of Ithaca is hereby amended as
follows:
§178-7. Notification when City intends to correct violation; handling of snow or ice
removal; hearing for contested notice or billing.
Except as otherwise specified in this subsection, I in any case in which the City intends
to correct a violation of this chapter and then bill the property owner for the correction of
the violation, the Building Commissioner or his/her designee shall notify the owner of
the property and, where relevant, the registered agent who has assumed responsibility
as outlined in §178-5 of this Code, in writing, of any violation of this chapter. In the case
of a violation of subsection 178-3.J (i.e., failure to clear snow or ice from a sidewalk),
notice of such violation or of the City’s intention to remedy the violation shall not be
required prior to the clearing of such snow or ice by direction of the Superintendent of
Public Works, as provided for in subsection 178-3.J(4); in that case, the bill for such
clearing from the City Chamberlain as provided for in said subsection shall constitute
notice of the violation, and shall also state that the property owner may contest the
billing by making a written request for a hearing before the Board of Public Works, in the
manner provided for below. Such Any other notice required by this section shall be
served in person or by mail to the address appearing on the City tax roll, requiring such
person, within a time specified in such notice but in no event less than five days from
the service or mailing thereof, to comply with this chapter and to cause the grass, brush
or solid waste to be cut back or removed or, if graffiti, to have the same removed so as
to comply with this chapter. In the event that graffiti removal is ordered during the winter
months, then, upon receipt of a written request from the property owner or agent within
the time specified in the notice for removal, the Building Commissioner may in his or her
discretion extend the compliance period. Such notice shall also state that the property
owner may contest the finding of the Building Commissioner by making a written
request to have a hearing on the matter held at the next regularly scheduled meeting of
the Board of Public Works. This written Any request for such a hearing must be mailed
and postmarked or personally delivered to the Building Commissioner within the five-
day compliance period (or, in the case where the City has billed the property owner for
removal of snow or ice from a sidewalk, within five days of the mailing of such bill), and
any such written request for a hearing shall automatically stay further enforcement
concerning the alleged violation pending such hearing. The decision of the Board of
Public Works, by majority vote, shall be binding, subject to any further judicial review
available to either the City or the property owner. Upon the failure of such a property
owner to comply with the requirements of subsection 178-3.J of this chapter, or with the
such notice of violation of any other provision of this chapter (or, alternatively, to request
a hearing as aforesaid within the time limit stated therein in such notice, or upon a
Board of Public Works determination, after such a hearing, that a violation exists), the
Building Commissioner shall refer the matter by memorandum to the Superintendent of
February 6, 2008
10
Public Works, who shall cause such premises to be put in such condition as will comply
and shall charge the cost thereof to the owner of said premises, including a charge of
50% for supervision and administration. The minimum charge to the property owners for
such work shall be $25 50. Bills rendered for such services shall be handled in the
manner prescribed by § 331-3 subsection 178-3.J of the Code.
Section 4: Supersession.
This Section is intended to supersede any inconsistent provision of the City Charter or
Code.
Section 5: Validity.
The invalidity of any provision of this Section shall not affect the validity of any other
provision which can be given effect without such invalid provision.
Section 6: Effective Date.
This Section shall take effect immediately in accordance with law upon publication of a
notice as required by the Ithaca City Charter.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Schuler
RESOLVED, That the definition of “Snowfall” in Section 178-2 be amended to read as
follows:
“SNOWFALL – For the purpose of determining when the 24 hour period after the
beginning of a snowfall commences in §178-3(J)(1) a snowfall shall be defined as an
accumulation of snow of one-half inch or more on a calendar day, and the 24 hour
period shall commence at midnight of that date.”, and be it further
RESOLVED, That §178-3(J)(1) be amended to read as follows:
“For the purposes of determining snowfall, data from the Northeast Regional Climate
Center Ithaca Climate Page, found online at www.nrcc.cornell.edu/climate/Ithaca, shall
be presumed to be authoritative as to its record of snowfall, and a printout of such,
accompanied by an affidavit stating that it is a true, accurate, and unmodified copy of
the website data, shall be admissible in court in determining snowfall for this section.”
Alderperson Zumoff explained that this proposed language was drafted by Assistant
City Attorney in Charge of Prosecution Robert Sarachan to strengthen the defensibility
of the legislation in court.
City Attorney Hoffman stated that he has no problem with the second proposed change
but felt that the first change was confusing.
Building Commissioner Radke stressed the urgency in adopting this ordinance tonight.
She volunteered to report back to Common Council on any court or enforcement issues
impacted by the legislation.
Alderperson Korherr stated that the intent of Council was to alter the behavior of
residents and to focus on getting sidewalks cleared, not to write tickets. She stated that
she would not support these amendments.
Motion to Refer to Committee:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That Common Council refer the proposed amendments back to committee
for further discussion.
Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Myrick, Schuler
Cogan, Korherr
Nays (1) Zumoff
Abstentions (0)
Carried
February 6, 2008
11
Alderperson Clairborne stated that he agrees with Alderperson Korherr regarding the
voluntary compliance of homeowners and the dangers of sidewalks left unshoveled.
Alderperson Dotson echoed comments made by Alderpersons Clairborne and Korherr
and reported that the City encourages people to walk and the goal is to have clear
sidewalks to facilitate that. She noted that 41% of city residents walk to work.
Alderperson Tomlan stated that she supports the goals of the legislation and
commented that people who don’t shovel their sidewalks should have to try to navigate
the City in a wheelchair as a penalty instead of fines. She stated that people’s lifestyles
make it difficult to “beef up” enforcement.
Main Motion:
A Vote on the Main Motion resulted as follows:
Ayes (8) Coles, Dotson, Rosario, Clairborne, Myrick, Schuler, Cogan,
Korherr
Nays (2) Tomlan, Zumoff
Abstentions (0)
Carried
9.4. Planning Department - Establishment of Capital Project for Comprehensive
Plan 2010 - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, the undertaking of a comprehensive plan comes at Mayor Carolyn K.
Peterson’s initiative, first expressed in the 2004 State of the City Address and later with
the appointment of the “pre-planning committee” last February, and
WHEREAS, the comprehensive plan has received preliminary approval from the
Planning & Economic Development Committee as a 2008 priority project for the
Department of Planning & Development, and
WHEREAS, the 2008 capital project committee determined the comprehensive plan to
be mission critical and approved the project for 2008 funding, and
WHEREAS, the funding for the comprehensive plan was inadvertently omitted from the
final 2008 capital project document approved by the Common Council, and
WHEREAS, the commencement of a comprehensive plan at this time enables the City
to coordinate with the Town of Ithaca’s comprehensive planning process and allows the
City to have its own goals, objectives, and plans articulated as the Town, the County,
and Cornell University move forward to implement their respective plans; now,
therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project # 741
Comprehensive Plan in an amount not to exceed $200,000 over a two-year period
($125,000 the first year and $75,000 the second year), and be it further
RESOLVED, That funds necessary for said Plan shall be derived from a General Fund
advance with later repayment from the issuance of Serial Bonds.
Alderperson Zumoff stated that he could not support this Resolution as he thought that it
was too much money and that city staff should be more involved in the work to reduce
costs.
A vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Myrick, Schuler,
Cogan, Korherr
Nays (1) Zumoff
Abstentions (0)
Carried
February 6, 2008
12
9.5. Planning Department - Amend Personnel Roster to Decrease Hours of Senior
Planner - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, currently the Senior Planner position in the Department of Planning and
Development is staffed at 28 hours per week, and
WHEREAS, the employee currently holds the title of Senior Planner and has requested
a reduction in hours from 28 to 25 hours per week, now therefore be it
RESOLVED, The Common Council of the City of Ithaca hereby amends the authorized
Planning and Development roster as follows:
Delete - One (1) Twenty-eight (28) hour per week Senior Planning Position,
Add - One (1) Twenty-five (25) hour per week Senior Planning Position,
and, be it further
RESOLVED, That there are no additional funds required for this change, and be it
further
RESOLVED, That this change be effective January 1, 2008.
Carried Unanimously
9.6 Common Council - Approval of Exemption from Real Property Taxes and
Provision for In-Lieu Payments, With Regard to City of Ithaca Tax Map Parcels
Nos. 44-3-1, 44-3-2.2 and 44-3-8 (also known as 310-318 Third Street and 313-315
Fourth Street – Lakeview Mental Health Services Project), Pursuant to Article XI of
the Private Housing Finance Law of the State of New York – Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, ISN Housing Development Fund Company, Inc.(hereinafter “ISN” or
“Owner”), of 715 Central Avenue, Dunkirk, New York 14084, a corporation organized
and existing under and by virtue of Article XI of the New York State Private Housing
Finance Law (“PHFL”), is the current owner of Tax Map Parcels Numbers 44-3-1, 44-3-
2.2 and 44-3-8 (also known as 310-318 Third Street and 313-315 Fourth Street) in the
City of Ithaca, County of Tompkins, New York (the “Property”), by deed from Lakeview
Mental Health Services, Inc., recorded on December 13, 2007, in the office of the
Tompkins County Clerk; and
WHEREAS, ISN is the general partner in Ithaca Special Needs, LP, the developer of the
Property, which partner is wholly owned by Lakeview Mental Health Services, Inc., a
New York not-for-profit corporation; and
WHEREAS, the afore-mentioned parcels comprise the site of a 38-unit housing project
currently under construction by Ithaca Special Needs, LP, which Project is intended to
provide affordable rental housing and related available care and services, allowing
qualified persons of low income with severe and persistent mental disabilities to live
relatively independently and to function as part of the community; and
WHEREAS, pursuant to PHFL Article XI, Section 577, the legislative body of the City of
Ithaca (Common Council) may exempt real property occupied by such a project from
local and municipal taxes, for a period of up to 40 years from the date such exemption
becomes available; and
WHEREAS, the Common Council has determined that the construction and operation of
the Project, as a source of affordable rental housing with associated care and services,
for a special needs population, is beneficial to and in the best interests of the public and
the City; and
WHEREAS, as a means of assisting the Project in accomplishing its objectives, the
Owner has requested from the City, and the Common Council desires to extend to the
Owner, a tax abatement for the Property, subject to an agreement by the Owner to
make certain payments in lieu of taxes (“PILOT Agreement”); now therefore be it
February 6, 2008
13
RESOLVED, That the Common Council of the City of Ithaca, pursuant to Article XI,
Section 577 of the New York State Private Housing Finance Law, hereby grants to the
Property (comprised of Tax Map Parcels Nos. 44-3-1, 44-3-2.2 and 44-3-8), an
exemption from real property taxes levied by the City of Ithaca, and, to the extent
applicable by law, by other local taxing authorities, upon the following conditions:
(a) Subject to the provisions of subsection “(b),” below, said exemption from real
property taxes (other than assessments for local improvements) shall apply to 100% of
the assessed value of the Property and the Project (including both land and
improvements), shall commence on March 1, 2008 (the “Effective Date”), and shall
terminate either on the date which is sixteen (16) years from the Effective Date or on the
date that the Property ceases to be operated under the requirements of and for the
purposes set forth in the PHFL (currently, in Article XI thereof) and as described herein
(or, in the absence of applicable State legislation or regulations at such time, then under
pertinent, comparable requirements established by the City or other local legislative
body) or upon the breach (and failure to cure, upon notice by the City) by the Owner of
any substantive term of the PILOT Agreement between the parties, whichever date first
occurs (and which date is hereinafter referred to as the “Expiration Date”); and
(b) Commencing upon March 1, 2008 and during each year thereafter until March 1,
2024, the Owner shall make payments in lieu of real property taxes, to the City of Ithaca
in the sum of $5,000.00 per year; to the extent that this exemption is applicable to
additional local taxing jurisdictions, such payments shall then be allocated
proportionately, by the City, among the local taxing jurisdictions affected by this
exemption; and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney and City Controller
and on behalf of the City of Ithaca, is hereby authorized and requested to execute and
deliver to any pertinent party a PILOT Agreement between the City and the Owner,
incorporating the terms set forth hereinabove and setting forth as necessary the details
of the in-lieu payments, and to take any and all other actions necessary to effectuate or
verify such tax exemption and in-lieu payments.
Extensive discussion followed on the floor regarding how the amount for payment in lieu
of taxes was arrived at and labor practices at the construction site.
Alderperson Coles stated that this item was not adopted unanimously in committee as
there were additional questions and concerns about worker misclassification. She
stated that she would like to amend the agreement to be effective for one year instead
of sixteen years with the expectation that the organization would come back next year to
request a further year(s) agreement.
Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Clairborne
RESOLVED, That subsection (a) under the first Resolved clause be amended to read
as follows:
“(a) Subject to the provisions of subsection “(b),” below, said exemption from real
property taxes (other than assessments for local improvements) shall apply to 100% of
the assessed value of the Property and the Project (including both land and
improvements), shall commence on March 1, 2008 (the “Effective Date”), and shall
terminate either on the date which is one (1) year from the Effective Date or on the date
that the Property ceases to be operated under the requirements of and for the purposes
set forth in the PHFL (currently, in Article XI thereof) and as described herein (or, in the
absence of applicable State legislation or regulations at such time, then under pertinent,
comparable requirements established by the City or other local legislative body) or upon
the breach (and failure to cure, upon notice by the City) by the Owner of any substantive
term of the PILOT Agreement between the parties, whichever date first occurs (and
which date is hereinafter referred to as the “Expiration Date”); it being the intention of
the Council, prior to such expiration, to consider an extension or renewal of said
exemption for an additional fifteen (15) years, subject to receipt of certain additional
information from owner, satisfactory to Council, and”
Discussion followed on the floor regarding financing for this project, the potential that
funding sources could be jeopardized, and the long-term sustainability of the project.
February 6, 2008
14
Mr. Mark Wickham, Executive Director of Lakeview Mental Health jointed the discussion
to answer questions.
Further discussion occurred on what recourse the City might have if there was a
situation of misclassifying workers.
A Vote on the Amending Resolution resulted as follows:
Ayes (3) Schuler, Clairborne, Coles
Nays (7) Dotson, Rosario, Tomlan, Zumoff, Myrick, Cogan, Korherr
Abstentions (0)
Failed
Amending Resolution:
By Alderperson Cogan: Seconded by Alderperson Dotson
RESOLVED, That the Last Resolved Clause be amended to read as follows:
“RESOLVED, That the Mayor, following the receipt of certain additional satisfactory
information from the owner, and upon the advice of the City Attorney and City Controller
and on behalf of the City of Ithaca, is hereby authorized and requested to execute and
deliver to any pertinent party a PILOT Agreement between the City and the Owner,
incorporating the terms set forth hereinabove and setting forth as necessary the details
of the in-lieu payments, and to take any and all other actions necessary to effectuate or
verify such tax exemption and in-lieu payments.”
Alderperson Clairborne questioned what recourse the city would have if this Resolution
was adopted tonight and stated that he would not be able to support it without a
measure of accountability included.
Alderperson Coles stated that she was impressed by Mr. Wickham’s response to the
information that was presented tonight and has no doubt that issues raised will be
resolved.
A Vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion As Amended resulted as follows:
Ayes (8) Coles, Dotson, Rosario, Tomlan, Zumoff, Schuler, Cogan, Korherr
Nays (2) Clairborne, Myrick
Abstentions (0)
Carried
9.7. Human Resources - Management Compensation Plan Amendment -
Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, on January 29, 2003 Common Council adopted a resolution that provided
for a four percent (4%) stipend over base salary for those acting in the capacity of
department head beyond thirty days and an eight percent (8%) increase for all
permanent promotions, and
WHEREAS, at the time, a relatively new compensation plan was in effect which
continues today, and
WHEREAS, the compensation plan moved all participants who were not at the minimum
of the salary range to the minimum, and
WHEREAS, due to a recent acting appointment it is evident that a four percent (4%)
increase does not allow the individual to reach the minimum of the salary range for the
department head; now therefore be it
RESOLVED, That all managerial permanent promotions receive at least an eight
percent (8%) increase over base salary (for the prior positions), and be it further
February 6, 2008
15
RESOLVED, That any individual appointed to any acting position within the managerial
compensation plan receive a four percent (4%) stipend over base salary or receive the
minimum of the salary range for the Department Head position in question, whichever is
greater.
Amending Resolution:
By Alderperson Korherr: Seconded by
RESOLVED, That the Resolved Clauses be amended to read as follows:
“RESOLVED, That all managerial permanent promotions receive an eight percent (8%)
increase over base salary (for the prior positions), or receive the minimum of the salary
range for the position in question, and be it further
RESOLVED, That any individual appointed to any acting position within the managerial
compensation plan receive an eight percent (8%) stipend over base salary or receive
the minimum of the salary range for the Department Head position in question,
whichever is greater.”
Alderperson Clairborne explained that he would abstain from the vote as his wife is a
Deputy Department Head and could be impacted by this Resolution.
Alderperson Korherr stated that managerial staff could serve in an acting position for a
long period of time and she supports an 8% increase or the minimum salary range of
position in question.
Human Resources Director Michell-Nunn explained the intent of the resolution.
A vote on the Amending Resolution resulted as follows:
Failed for lack of a Second.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson
RESOLVED, That the Last Resolved Clause be amended to read as follows:
“RESOLVED, That any individual appointed to any acting position within the managerial
compensation plan receive a four percent (4%) stipend over base salary or receive the
minimum of the salary range for the position in question, whichever is greater.”
Mayor Peterson asked that the resolution be passed as written because it was intended
to address an issue with a particular employee. She requested that the questions
raised about this issue be referred back to committee for further discussion.
A vote on the Amending Resolution resulted as follows:
Failed for lack of a Second.
Main Motion
A Vote on the Main Motion resulted as follows:
Ayes (9) Coles, Dotson, Rosario, Tomlan, Zumoff, Myrick, Schuler, Cogan,
Korherr
Nays (0)
Abstentions (1) Clairborne
Carried
9.8 City Controller’s Report
City Controller Thayer reported on the following:
The five-year plan has been completed pursuant to State funding requirements
The city received a 9.5% increase ($246,000) in State Aid payments bringing
the 2008 amount to 1993 levels.
Bond Sale – A1 rating affirmed. Comments included a high debt burden and low
reserves.
The 2007 sales tax budget was exceeded by $168,000
Alderperson Korherr asked what criteria is used by the State to determine State Aid
distributions. City Controller Thayer stated that he would provide copies of the criteria
to Council members for their information.
February 6, 2008
16
Alderperson Clairborne noted that the City is the 2nd lowest recipient of State Aid
distribution. He questioned what would need to happen to make Ithaca more
comparable with other small cities.
Mayor Peterson stated that she is attending the NYCOM legislative meeting and will try
to meet with the Governor to discuss this issue.
10. COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE:
10.1 Update on Appointment to Search Committees for Police Chief and Director
of Planning and Development
Alderperson Clairborne withdrew this item as Common Council members already have
the information.
Motion to Extend Meeting to Midnight:
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That Common Council extend the meeting to midnight in order to consider
the remaining agenda items.
Ayes (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Myrick
Korherr, Cogan
Nays (1) Schuler
Abstentions (0)
Carried
11. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
11.1 Approval of the Department of Planning and Development’s 2008 Priority
Projects - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
Department of Planning & Development
Mission Statement
Under the direction of the Mayor, Common Council, and the Planning and Development
Board, the Department of Planning & Development provides City government, citizens,
and others with planning services that promote timely and informed decisions on
courses of action designed to further the social, economic, and environmental goals of
the community, thereby enhancing Ithaca as a great place to live, work, learn, conduct
business, and play.
WHEREAS, the Department of Planning & Development's proposed 2008 Priority
Projects and Work Program have been reviewed by the Planning & Economic
Development Committee of the City of Ithaca Common Council; now, therefore, be it
RESOLVED, that the Common Council approves the Department of Planning &
Development's 2008 Priority Projects, which are listed, unranked, below:
1. Cayuga Green
2. City Comprehensive Plan
3. City Water Supply
4. Collegetown Vision Statement Implementation
5. Commons Infrastructure Improvements
6. Dredging
7. Implementation of City Housing Strategy
8. Inlet Island Development
9. Ithaca Gun Factory site and the adjacent Ithaca Falls Natural Area
10. Southwest Area Development
February 6, 2008
17
The following is a more detailed, but not exhaustive, list of project related
responsibilities.
I. PRIORITY PROJECTS/MAJOR PLANNING INITIATIVES
1. Cayuga Green
Project Managers: JoAnn Cornish, Nels Bohn
Project Team: JoAnn Cornish, Nels Bohn, Jennifer Kusznir, Bob Sweet as
needed
Execute modified master lease and assist Bloomfield, Schon + Partners,
LLC (“BS+P”) lease-up 22,000 square feet of ground level commercial
lease space at Cayuga Garage.
Execute sublease with BS+P for 12,000 square foot cinema parcel at
ground level of Green Garage for occupancy by the Seventh Art
Corporation, Inc., for a five-screen movie theater.
Execute purchase agreement with BS+P for site of 30 - 40 unit residential
condominium project adjoining Cayuga Garage for a 2008 construction
commencement.
Work with Bloomfield, Schon + Partners to secure retail commercial lease
agreements for project.
2. City Comprehensive Plan
Project Manager: Leslie Chatterton
Project Team: Leslie Chatterton, Megan Gilbert, Jennifer Kusznir, Thys Van
Cort
Draft the plan framework.
Develop process for consultant selection.
Develop process for community participation and feedback.
Coordinate comprehensive planning efforts with the Town of Ithaca, the
Tompkins County Planning Department, Cornell University, Ithaca College,
and other involved institutions and jurisdictions.
Work to develop formats for input and feedback on draft plans from
stakeholder groups.
Prepare recommendations for adoption by Common Council of the plan
including compliance with environmental review processes.
3. City Water Supply
Project Manager for Environmental Review: JoAnn Cornish
Work with the Board of Public Works, the Superintendent of Public Works, and
the City’s consultant O’Brien and Gere, to complete the environmental impact
statement and CEQR process for the City’s water supply options project. Assist
Common Council and the Board of Public Works as directed for assistance with
other water source decision factors.
4. Collegetown Vision Statement Implementation
Project Manager: Leslie Chatterton
Project Team: Leslie Chatterton, Thys Van Cort, Megan Gilbert, Jennifer
Kusznir, and Bob Sweet as needed
Work with the Collegetown Vision Implementation Committee (CVIC) to
implement the Collegetown Vision Statement.
Coordinate with the CVIC and consultant team Goody Clancy on
development and adoption of the Collegetown Urban Plan and Design
Guidelines, including completing the environmental review process, in a
nine-month period. Products of the plan include: strategies for meeting
pedestrian circulation, parking and transit needs; identification and
evaluation of the various edge conditions between and among the
residential areas that are predominantly owner-occupied and areas of
concentrated student rentals; identification of development opportunities
February 6, 2008
18
and constraints, and analysis of the relationships among Collegetown,
Ithaca Commons and proposed East Hill Plaza redevelopment.
Develop and manage the process for community input and formats for
feedback on draft plans and regulations from stakeholder groups,
including city hall and Cornell staff.
Organize a property owners group to determine feasibility (and possible
implementation) of a Business Improvement District (“BID”) in
Collegetown.
Work with the CVIC and the consultant team to develop regulatory
framework and legislative tools such as zoning amendments and binding
design review for implementation of the Urban Plan and Design
Guidelines..
Explore financing mechanisms for public improvements in Collegetown.
5. Commons Infrastructure Improvements – (Project parameters have yet to
be determined.)
Project Manager and Team to be determined.
6. Dredging
Project Managers: Lisa Nicholas, JoAnn Cornish
Execute contract with Ecologic for the feasibility study for dredging operations
in the City of Ithaca.
Establish working and stakeholder groups.
Develop process for community participation and feedback.
Assist consultants with inventories, documents, and other work as needed.
Explore financing mechanisms for city’s share of dredging operations.
Administer grant monies.
Prepare recommendations for adoption by Common Council including
compliance with environmental review processes.
7. Implementation of City Housing Strategy
Project Manager and Team to be determined.
Work with Cornell University and the Tompkins County community to establish
housing programs that will benefit area residents, such as an employer-assisted
housing program, a housing affordability fund, and a community housing trust.
8. Inlet Island Development/Festival Lands
Project Managers: JoAnn Cornish, Nels Bohn
Project Team: JoAnn Cornish, Nels Bohn, Jennifer Kusznir, Bob Sweet as
needed
Continue working with the selected preferred developer and Common Council
toward development of Inlet Island.
Continue efforts to acquire the parcel owned by New York State Department
of Environmental Conservation (“NYSDEC”).
Complete development of the 100-car city-owned parking lot.
9. Ithaca Gun Factory site and the adjacent Ithaca Falls Natural Area
Project Managers: JoAnn Cornish, Nels Bohn
Project Team: JoAnn Cornish, Nels Bohn, Lisa Nicholas
Work with the New York State Department of Environmental Conservation and
Fall Creek Redevelopment, LLC, to remediate and redevelop the former Ithaca
Gun Factory Site.
February 6, 2008
19
10. Southwest Area Development
Project Manager: Lisa Nicholas
Project Team: Lisa Nicholas, JoAnn Cornish, Nels Bohn, Jennifer Kusznir,
Thys Van Cort
Implementation of the Southwest Vision Statement.
Work with prospective Master Developers McCormack Baron Salazar and
Elinor Bacon (“MBS/Bacon”) in determining the function of a
stakeholder/oversight committee or other form of community participation for
project programming, design, implementation, and phasing.
Work with MBS/Bacon in the production of documents related to project, such
as project program, design, financing, zoning, and other regulatory
instruments.
Negotiate predevelopment, preferred developer, and other similar critical
project agreements.
Prepare recommendations for adoption by Common Council including
compliance with environmental review processes.
Alderperson Clairborne stated that West End development should be included in the
work plan.
Alderperson Tomlan explained that the West End and North Side both deserve attention
but all of the projects listed already have resources committed to them.
Acting Director of Planning & Development Cornish stated that a neighborhood plan
may be premature given the start of the comprehensive plan.
Alderperson Dotson stated that she receives a lot of constituent questions about what is
happening in the West End and that Common Council should have a conversation
about that in the near future.
A Vote on the Resolution resulted as follows:
Carried Unanimously
11.2 Appointment of Maria Coles as the Common Council Liaison for the
Southwest Urban Neighborhood Development Project - Resolution
By Alderperson Tomlan: Seconded by Alderperson Myrick
WHEREAS, Common Council desires to develop the City-owned land in the Southwest
Area in a manner that is responsive to both public interests and the private development
market, and
WHEREAS, to that effect the City has embarked on the Southwest Urban Neighborhood
development project, the implementation of which is expected to last multiple years, and
WHEREAS, the Common Council desires to appoint a council liaison for the project to
participate in a monthly conference call with staff and the development team, to meet
with the development team when they visit Ithaca, to help solve problems and deal with
issues as they arise, to meet as needed to discuss project issues with staff, to be
included in project e-mail correspondence, and to provide Council with updates on
project progress, as needed, and
WHEREAS, the area to be developed is located in the First Ward of the City, and First
Ward Alderwoman Maria Coles has served as a member of both the Southwest
Committee and the Southwest Selection Committee; now, therefore, be it
RESOLVED, That the Common Council does hereby appoint Maria Coles as the
Common Council liaison for the Southwest Urban Neighborhood development project.
Carried Unanimously
February 6, 2008
20
11.3 Support for the Enactment of a Federal Carbon Tax - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, legislation at the federal level is being considered for reductions in heat-
trapping emissions of carbon dioxide, with the primary methods for motivating
reductions being either a federal carbon tax or emissions trading, and
WHEREAS, the outcome of this legislative debate will substantially affect residents of
the City of Ithaca for decades, and
WHEREAS, the cost of trading in emissions of carbon dioxide spreads throughout the
economy like a tax, yet emissions trading increases expense significantly beyond that of
an actual tax due to income extracted by intermediaries such as traders and brokers,
due to detailed participation by attorneys, as well as due to an extensive regulatory and
oversight bureaucracy, and due to overhead and infrastructure for all the above, so that
emissions trading costs society substantially more than an actual tax, and
WHEREAS, the volatility of trading in permits to pollute will likely prove a deterrent to
investments in energy efficiency and renewable energy sources, because emissions
trading increases energy cost uncertainty, in turn making returns on investments more
uncertain, and
WHEREAS, offsets are challenging for quantification of emissions reduced and for
reliable verification of fulfillment of the goal for each offset, and
WHEREAS, many offsets actually build in warming by applying the carbon dioxide
saved by the offset over the many years of the lifetime of the offset against the current
year’s emissions, instead of applying the current year’s reduction by the offset against
the current year’s emissions, and
WHEREAS, many offsets create other counterproductive unintended effects or would
have been constructed anyway, even without extra funding, such as hydropower
projects that already have been planned, and
WHEREAS, offsets undermine the U.S. economy due to potentially high volume
purchases of inexpensive offsets from abroad, worsening the balance of trade and
sending jobs abroad, and
WHEREAS, effective action requires reducing emissions at the source, not trading off
the pressure to reduce emissions, and
WHEREAS, the potentially useful feature of emissions trading is that the overall total
amount of permits to pollute shrinks over time according to a regulatory goal, but that
feature gets negated whenever the price of permits to pollute exceeds a set “stop price”
or “safety valve,” in which case the government sells more permits at that price to
maintain the price at that level, so that the total amount of permits is no longer
determined by the regulatory goal, and
WHEREAS, the analogy made to trading in emissions of sulfur dioxide to reduce acid
rain is not applicable due to the limited number of coal-burning power plants that
practice trading in emissions of sulfur dioxide, compared to the diverse sources of fossil
fuels and emissions of carbon dioxide that would make emissions trading unwieldy, and
WHEREAS, a straightforward federal carbon tax is projected by many economists to be
more effective than unwieldy emissions trading at achieving reductions in fossil fuel
usage, and at motivating investments in the U.S. in energy efficiency and renewable
energy sources that would create jobs in the U.S. and stimulate the economy, and
WHEREAS, the European experiment in cap-trade has been called a failure in part due
to export of responsibility to reduce emissions with the purchase of possibly
questionable offsets from abroad, providing historical evidence that cap-trade may work
substantially less effectively than a federal carbon tax, and
February 6, 2008
21
WHEREAS, a tax achieves goals for reduction of emissions by applying judiciously
adjusted price-demand modeling as a public policy tool, because as price increases,
demand decreases. Using this well-developed modeling, the fixed tax rate for each year
gets determined by the goal for reduction in usage of fossil fuels, without the continual
price volatility of permit trading, and
WHEREAS, the annual goals for reduction of emissions could be mapped out for
decades, for example to ultimately achieve at least 80% reduction from the emissions of
1990 by 2050 as advised by climate scientists, and
WHEREAS, a federal carbon tax levied upstream (at the sources close to extraction or
import of fossil fuels) will minimize the number of entities directly taxed and the expense
of monitoring compliance, and
WHEREAS, the major part of the proceeds of a tax could be refunded in a progressive
manner as equal dividends to every citizen or as an expansion of the Earned Income
Tax Credit, stimulating the economy, and
WHEREAS, part of the tax proceeds could fund meritorious projects in the U.S such as
energy conservation and the production of energy from renewable sources, creating
“green” jobs and supporting local economies, and
WHEREAS, the competitive position of the U.S. could be maintained by imposing a
border tax tariff on products imported from countries without a carbon tax, and
WHEREAS, a carbon tax could be accepted more widely for a worldwide protocol than
emissions trading since each country’s proceeds from a tax would remain in that
country with minimal impact from foreign countries on national sovereignty, and
WHEREAS, both labor and business have reasons outlined above to support a federal
carbon tax over emissions trading, so that once the merits of a tax become better
known it could soon become politically possible, and
WHEREAS, the Mayors for Climate Protection organization (www.coolmayors.com) has
supported Mayors nationwide in their efforts to meet or beat the Kyoto Protocol targets
(7% reduction from 1990 levels by 2012) in their own communities, and
WHEREAS, the City of Ithaca has increased its own efforts to reduce its heat-trapping
emissions, and
WHEREAS, cities have taken the initiative because of delays by the federal
government, and
WHEREAS, for the above environmental and economic reasons a federal carbon tax
would be substantially more effective than emissions trading; now, therefore, be it
RESOLVED, That the Common Council and the Mayor of the City of Ithaca, New York,
declare their support for enactment of a federal carbon tax, to be levied upstream, with
a majority of revenues refunded to citizens, and be it further
RESOLVED, That the City Clerk notify and send copies of this resolution to the Director
of the United States Conference of Mayors, Washington, DC, Deputy Secretary for the
Environment Judith Enck, Office of the Secretary to the Governor, Albany, New York
and to the following elected officials:
United States Senator Hillary Rodham Clinton, Washington, DC
United States Senator Charles E. Schumer, Washington, DC
United States Representative Maurice Hinchey, Washington, DC
New York State Assemblywoman Barbara Lifton, Albany, NY
New York State Senator George H. Winner, Jr. Albany, NY
February 6, 2008
22
Alderperson Schuler stated that she supports the concepts included in this Resolution
but has trouble with the emphatic statements about items that are unknown.
A Vote on the Resolution resulted as follows:
Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Zumoff, Myrick
Cogan, Korherr
Nays (0)
Abstentions (1) Schuler
Carried
13. NEW BUSINESS:
13.1 Request of Downtown Business Improvement District to Permit Wine and
Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter
Festival/Chili Cook-Off on the Commons – Resolution
By Alderperson Cogan: Seconded by Alderperson Schuler
RESOLVED, That the Downtown Business Improvement District shall be authorized to
arrange for the sale of bottled wine and bottled hard cider and to permit tasting of wines
and hard cider at booths during the Winter Festival/Chili Cook-Off, February 16, 2008
on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Business Improvement District 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 bottled wine
and bottled hard cider on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Business Improvement District 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 $500,000.00,
and shall provide evidence of such insurance to the City Clerk.
Carried 9-0
Alderperson Tomlan absent from vote
15. MAYOR’S APPOINTMENTS:
15.1 Appointment of City Representative to the Ithaca Downtown Partnership
Board – Resolution
By Alderperson Cogan:Seconded by Alderperson Schuler
RESOLVED, That Eric Rosario be appointed as the City Representative to the Ithaca
Downtown Partnership with a term to expire December 31, 2008.
Carried 9-0
Alderperson Tomlan absent from vote
15.2 Appointment to Youth Bureau Board:
By Alderperson Dotson: Seconded by Alderperson Schuler
RESOLVED, That Haidar Assad be appointed to the Youth Bureau Board to fill a
vacancy with a term to expire December, 31, 2008, and be it further
15.3 Appointment to the Workforce Diversity Advisory Council:
RESOLVED, That Lynette Chappell-Williams be reappointed to the Workforce Diversity
Advisory Council with a term to expire December 31, 2010.
Carried 9-0
Alderperson Tomlan absent from vote
Town of Ithaca:
Alderperson Korherr confirmed that she would report on City activities to the Town of
Ithaca Board on February 11, 2008 at 5:30 p.m.
18. REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that the City and the Board of Zoning Appeals have
been sued by NYSEG regarding their application for a variance regarding the relocation
of the Ithaca City School District maintenance facility to Hancock Street. A hearing is
scheduled for April 25, 2008.
February 6, 2008
23
19. MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of December 5, 2007 Regular Common Council Meeting Minutes –
Resolution:
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the December 5, 2007 Regular Common Council
Meeting be approved with noted corrections.
Ayes (9) Coles, Dotson, Rosario, Clairborne, Zumoff, Tomlan, Myrick,
Cogan, Korherr
Nays (0)
Abstentions (1) Schuler
Carried
19.2 Approval of January 1, 2008 Special Common Council Meeting Minutes –
Resolution:
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the January 1, 2008 Special Common Council
Meeting be approved with noted corrections.
Ayes (9) Coles, Dotson, Rosario, Clairborne, Zumoff, Tomlan, Myrick,
Cogan, Korherr
Nays (0)
Abstentions (1) Schuler
Carried
19.3 Approval of January 2, 2008 Regular Common Council Meeting Minutes –
Resolution:
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, That the minutes of the January 2, 2008 Regular Common Council
Meeting Minutes be approved with noted corrections.
Carried Unanimously
20. EXECUTIVE SESSION:
20.1 Motion to Enter into Executive Session to Discuss a Matter of Pending
Litigation
By Alderperson Cogan: Seconded by Alderperson Schuler
RESOLVED, That Common Council enter into executive session to discuss a matter of
pending litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session with no formal action taken.
ADJOURNMENT:
On a motion the meeting adjourned at 11:35 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor