HomeMy WebLinkAboutMN-CC-2008-04-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 2, 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
Community Development Director – Bohn
Superintendent of Public Works – Gray
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed April 2008 as Occupational Therapy month in the City of
Ithaca.
Alderperson Dotson arrived at the meeting at 7:10 p.m.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Will Burbank, Town of Ithaca Board Member reported to Common Council on the
following topics:
The Town of Ithaca has recently joined the City of Ithaca in adopting a domestic
partnership registry
The Town of Ithaca is working to update its Comprehensive Plan. A long-term
process has been established with stakeholders and they are hoping for active
participation from the City
The Carrowmore Development Housing Project is proposed to be a
green project for high-end housing. The Town is trying to negotiate
some middle income housing as well
A proposal has been made for an off-road trail system for the upper West Hill
area
The roof on Town Hall must be repaired and they are investigating the feasibility
of solar panels
Alderperson Clairborne arrived at the meeting at 7:13 p.m.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Audrey Cooper, City of Ithaca and member of the GIAC Board of Directors, addressed
Council in support of all workers in the City of Ithaca being paid a living wage.
Betsy Darlington, City of Ithaca, addressed Council regarding trash on the streets and
sidewalks in Collegetown. She urged the City to dedicate more resources to clean up
the area.
Tom Sieling, Tompkins County Workers Center, addressed Council to promote a
recognition dinner being held on April 30, 2008 at 6:00 p.m. at the Women’s Community
Building. He stated that the dinner would be free to hotel workers.
Fred Bonn, Ithaca/Tompkins County Convention & Visitor’s Bureau addressed Council
to clarify the language in the Rimland Project Resolution. He explained that the project
is expected to create $2.2 million in food, beverage, and retail sales in the City.
April 2, 2008
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Vicki Taylor, City of Ithaca, addressed Council in support of the Rimland project and
requested the City not require the payment of a living wage to all hotel workers. She
pointed out that other developers and businesses such as Walmart have not been
required to pay a living wage.
Rebecca Elgie, City of Ithaca, addressed Council in support of requiring the Rimland
Project to pay a living wage to all employees and further recommended that all new
projects be reviewed for plans to pay a living wage to their employees.
Joseph Gaylord, American Crafts by Robbie Dean, noted that he supports a living wage
for all workers, not just hotel workers. He stated that as a result of the Hilton Garden
project, he has been able to increase wages and partially pay for health insurance
benefits for his employees.
Theresa Alt, City of Ithaca, addressed Council in support of a living wage for all. She
stated that the Ithaca community is known for low unemployment rates and low wages.
She stated that housing is needed on the proposed project site, not a hotel.
Bren Pillar, Town of Ithaca, addressed Council on behalf of “Ithaca Unleashed” and
explained that dog owners are happy with the current fenced dog area and also with the
proposed re-location.
Mayor Peterson thanked Ms. Pillar for her donation of materials for the dog park.
Tomas Harrington, City of Ithaca, addressed Council in support of the Rimland Project.
He stated that this developer is not looking for tax abatements or loans and it is not fair
to require him to pay a living wage to all employees. He further voiced his support for
employers paying a living wage.
John Schroeder, City of Ithaca and Chair of the City of Ithaca Planning Board,
addressed Council regarding the Rimland project. He shared the Board’s comments as
follows:
1. The Board supports the sale of the surplus property as it offers a full range of
benefits to the community.
2. The Board is sympathetic to the concept of a living wage but only if all businesses
are required to comply.
3. The Board is concerned that the Community Investment Incentive Plan is not
working as intended.
Gary Ferguson, Downtown Ithaca Alliance Director, addressed Council to support the
comments made by the Planning Board. He stated that he supports the Rimland Hotel
project and requested that Council assess the overall benefit of this project to the
community when they consider this proposal.
Rich Avery, new co-owner of Simeon’s Restaurant, addressed Council in support of the
proposed Rimland project. He stated that this is a non-viable piece of property that can
be turned into a viable development. He explained that the project would support other
small businesses that pay a living wage in the City.
Mack Travis, Village of Interlaken, addressed Council in support of the proposed
Rimland Project. He explained that the renovation of the old Rothchild’s building has
kept 120 jobs downtown including Tompkins Trust Company and this project would be
similar.
Steve Flash, City resident and business owner, addressed Council in support of the
proposed Rimland project.
Fay Gougakis, City of Ithaca, addressed Council to acknowledge Alderperson Korherr’s
courage in filing the sexual harassment complaint. She further stated that she was
disappointed in the Mayor’s forum on the Dog Park. She stated that the Tibetan flag
should be flown on The Commons. She further stated that she supports the hotel
April 2, 2008
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project but not in the proposed location because of traffic and parking concerns. She
stated that it would be a good location for office space.
Jeff Furman, Town of Ithaca, addressed Council regarding economic inequality, and
recent development projects that lacked social vision regarding providing a living wage
for their employees.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles reported on the human cost of the War in Iraq: 4,012 American
soldiers have lost their lives as well as countless Iraqis. The cost to New York State
has been $41 billion; the cost to Ithaca has been $35.7 million.
Alderperson Korherr responded to comments regarding trash in Collegetown and stated
that she hoped Cornell University would help the City resolve this issue. She thanked
Mr. Bonn for his clarification of expected revenue from the Rimland project. Alderperson
Korherr clarified the recent headlines in the Ithaca Journal and stated that she did not
file the complaint as a City Alderwoman; it was filed as an individual and former
employee of Tompkins County. She noted that she appreciates Council’s support in
keeping discussion of this topic in the appropriate forum.
Alderperson Tomlan responded to comments made about the trash in Collegetown and
stated that she was open to suggestions on how to resolve the problem.
Alderperson Zumoff responded to comments made about the trash in Collegetown and
stated that the Board of Public Works should review the trash tag program and consider
replacing the trash cans in that neighborhood.
Mayor Peterson stated that she wrote a letter to the Governor stating her opposition to
the proposed cuts in State aid to cities proposed in the New York State budget.
CONSENT AGENDA ITEMS:
8. City Administration Committee:
8.1 GIAC – Request to Amend 2008 Budget –GIAC Computer Lab - Resolution
By Alderperson Cogan: Seconded by Alderperson Schuler
WHEREAS, the Greater Ithaca Activities Center (GIAC) has developed a computer lab
with a grant received from the Ithaca Urban Renewal Agency, Community Development
Block Grant (CDBG) funds, and
WHEREAS, in order to fulfill the requirements of the grant to provide at least 5,000
hours of computer skills classes for youth and teens, GIAC needs to hire a computer lab
coordinator, and
WHEREAS, the CDBG grant does not provide for operational costs, and
WHEREAS, through the kindness of an anonymous donor GIAC received $27,000 to
hire a computer lab coordinator, to support a quality employment opportunity to a local
resident, and help our youth bridge the technology achievement gap, now therefore be it
RESOLVED, That Common Council hereby accepts the donor funds in the amount of
$27,000 and be it further,
RESOLVED, That the $27,000 will be used to cover the salary and benefits for an
hourly part-time/seasonal staff in the position of computer lab coordinator at GIAC from
April through December 31st, 2008 and be it further,
RESOLVED, That the City Controller is authorized to make the following budget
amendment to the 2008 budget:
April 2, 2008
4
Revenue
A7311-2705-01100 Gifts and Donations $27,000
Appropriations
A7311-5105-01100 Hourly Part-Time $24,000
A7311-9030-01100 FICA/Medicare $ 1,836
A7311-9040-01100 Workers’ Comp Insurance $ 1,164
Carried Unanimously
8.2 DPW – Request to Amend Water and Sewer Personnel Roster - Resolution
By Alderperson Cogan: Seconded by Alderperson Schuler
WHEREAS, the City of Ithaca DPW Water & Sewer Division has need of an additional
supervisory position in order to provide an adequate level of field supervision and
support to facilitate the present work load, future work plans; and in order to address the
current needs of the Division including daily operations, maintenance, repairs, and
capital improvement projects, etc.; and in order to provide the necessary support and
supervision entailed in compliance with new regulatory mandates and ever increasing
regulatory requirements for the wastewater collection and water distribution systems,
and
WHEREAS, the City of Ithaca DPW Water & Sewer Division consolidated the
supervisory positions and titles responsible for the water distribution system and
wastewater collection system in 1997 to meet the work load and needs of the Division at
that time, and
WHEREAS, the City of Ithaca DPW Water & Sewer Division now has need of and
requests restoration of the two separate supervisory positions for the water distribution
system and wastewater collection systems with the following titles Wastewater
Collection System Supervisor and Water Distribution System Supervisor, and
WHEREAS, The City of Ithaca Human Resources Department and the Civil Service
Commission have reviewed and approved the Job Descriptions and the New Position
Duties Statements for both titles; now therefore be it
RESOLVED, That Common Council hereby amends the authorized personnel roster as
follows:
Add: (1) One Wastewater Collection System Supervisor
(1) One Water Distribution System Supervisor
Delete: (1) one Supervisor of Water Distribution and Wastewater Collection
Systems
and, be it further
RESOLVED, That funding for said roster amendment shall be derived with existing
2008 Water and Sewer authorized budget and existing authorized Water and Sewer
Capital Projects.
Carried Unanimously
9. COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE:
No items were submitted for the agenda
10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
10. 1 Adoption of the Proposed FY 2008 Action Plan, HUD Entitlement Grant
Program – Resolution
By Alderperson Tomlan: Seconded by Alderperson Myrick
WHEREAS, since 2004 the City of Ithaca has been designated by the U.S. Department
of Housing & Urban Development (“HUD”) to receive an annual formula grant award
through the HUD Entitlement program, and
April 2, 2008
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WHEREAS, the Common Council designated the Ithaca Urban Renewal Agency
(“IURA”) as the Lead Agency to develop and administer the Consolidated Plan to
enable the City to receive HUD Entitlement program funding on an annual basis, and
WHEREAS, the Common Council adopted and developed a 2004-2008 Consolidated
Plan identifying goals, objectives and strategies for use of HUD Entitlement program
funding to address priority community development needs, and
WHEREAS, on an annual basis, the City of Ithaca must submit an Action Plan to HUD
at least 45 days prior to the beginning of the July 1st program year to be eligible to
receive HUD Entitlement program funds, and
WHEREAS, the annual Action Plan identifies a specific list of budgeted community
development projects proposed to be undertaken with HUD Entitlement program funds,
and
WHEREAS, the City of Ithaca is eligible to receive the following allocations through the
FY 2008 HUD Entitlement program:
$ 805,926 CDBG (Community Development Block Grant)
$ 517,789 HOME (Home Investment Partnerships Program)
$1,323,715 Total Entitlement Grant Funds, and
WHEREAS, it is anticipated that approximately $133,800 in program income will be
received by the IURA in FY 2008, primarily in the form of loan repayments, and
WHEREAS, the annual Action Plan must identify the use of program income in addition
to identifying the use of current HUD allocations, and
WHEREAS, including anticipated program income, the total funding available for eligible
projects is $1,457,515, and
WHEREAS, the IURA has recommended that $500,000 in 2008 CDBG funds be
allocated to rehabilitate the Greater Ithaca Activities Center (“GIAC”), and
WHEREAS, the IURA is recommending future CDBG funding for the GIAC Rehabilitation
of $500,000 in FY 2009, $350,000 in FY 2010, $500,000 in FY 2011, $150,000 in FY 2012
for a total of $2,000,000 over a 5-year period including the 2008 allocation of $500,000,
and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the proposed FY 2008 Action Plan in accordance with the Citizen
Participation Plan, including an initial public hearing held on January 24, 2008, to gain
public input on formulation of the proposed Action Plan, and
WHEREAS, on February 14, 2008, the IURA approved a proposed FY 2008 Action
Plan, and
WHEREAS, a second public hearing on the proposed FY 2008 Action Plan has been
duly advertised and held on March 19, 2008, before the Planning & Economic
Development Committee; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the attached IURA
Proposed FY 2008 Action Plan, City of Ithaca, NY, dated 2/14/08, for allocating
$1,457,515 of FY 2008 HUD Entitlement Grant funds and program income, and be it
further
RESOLVED, That, should the IURA determine that any of the proposed projects in the
Action Plan encounter feasibility issues that would hinder their timely completion or
adversely affect their eligibility prior to the HUD submission deadline, the Common Council
authorizes the IURA, upon approval by the Mayor and the Chair of the Planning &
April 2, 2008
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Economic Development Committee, to make adjustments in the application to resolve
feasibility and eligibility concerns, and be it further
RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded
in the adopted FY 2008 Action Plan, and be it further
RESOLVED, That the Common Council authorizes the IURA to administer and
implement the Action Plan activities in accordance with applicable regulations.
Mayor Peterson explained the difference in this year’s process and the amount of
funding dedicated to the GIAC project.
Alderperson Clairborne recognized the time and work that the Ithaca Urban Renewal
Agency Board and staff put into this effort. He disclosed that his wife is the Deputy
Director of GIAC and that he is on the GIAC Board of Directors. He further thanked
Alderperson Coles for all of her efforts on this issue.
A Vote on the Resolution resulted as follows:
Carried Unanimously
10. 2 Ithaca Urban Renewal Agency (IURA) Disposition of Property on 100 Block
of S. Aurora Street to Ithaca Properties, LLC to Facilitate Construction of a Hotel
Project at 215 E. State Street
A. Declaration of Lead Agency – Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, the Common Council of the City of Ithaca is considering approval of an
Ithaca Urban Renewal Agency (“IURA”) proposed disposition of 2,140 square feet of
property on the 100 block of S. Aurora Street to Ithaca Properties, LLC to facilitate
construction of a hotel project at 215 E. State Street pursuant to §507 of General
Municipal Law, and
WHEREAS, the IURA has voted to implement the property disposition through a
purchase and sale contract, dated February 27, 2008, which includes a provision that
requires final site plan approval by the City of Ithaca Planning and Development Board
for the proposed hotel project as a contingency that must be satisfied prior to
conveyance of the property, and
WHEREAS, the Planning & Economic Development Committee recommended minor
amendments to paragraph II(G) of the purchase and sale contract that are incorporated
into a revised, proposed contract dated March 26, 2008, 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 less than 2.5 acres of land is an “Unlisted”
Action pursuant to the City Environmental Quality Review Ordinance (“CEQRO”) which
requires environmental review under CEQRO, now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
Lead Agency for the environmental review of the proposal to approve the IURA-
proposed purchase and sale contract for 2,140 square feet of property on the 100 block
of S. Aurora Street to Ithaca Properties, LLC to facilitate construction of a hotel project
at 215 E. State Street.
Ayes (9) Dotson, Clairborne, Rosario, Tomlan, Zumoff, Schuler, Myrick
Korherr, Cogan
Nays (1) Coles
Carried
April 2, 2008
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B. Determination of Environmental Significance – Resolution
By Alderperson Tomlan: Seconded by Alderperson Myrick
WHEREAS, the Common Council of the City of Ithaca (“Common Council”) is
considering approval of an Ithaca Urban Renewal Agency (“IURA”) proposed property
disposition of 2,140 square feet of property on the 100 block of S. Aurora Street to
Ithaca Properties, LLC to facilitate construction of a hotel project at 215 E. State Street
pursuant to §507 of General Municipal Law, and
WHEREAS, the IURA has voted to implement the property disposition through a
purchase and sale contract, dated February 27, 2008, which includes a provision that
requires final site plan approval by the City of Ithaca Planning and Development Board
(“Planning Board”) for the proposed hotel project as a contingency that must be satisfied
prior to conveyance of the property, and
WHEREAS, the Planning & Economic Development Committee recommended minor
amendments to paragraph II(G) of the purchase and sale contract that are incorporated
into a revised, proposed contract dated March 26, 2008, and
WHEREAS, by City ordinance, environmental review in accordance with the City
Environmental Quality Review Ordinance must be completed prior to final site plan
approval, and
WHEREAS, on September 5, 2007, the Common Council considered a proposal to
declare a parcel of City-owned land on the 100 block of South Aurora Street (in the
vicinity of the so-called Rothschild Building) as surplus property that can be conveyed to
the IURA, subject to certain conditions, for possible sale to an eligible and qualified
sponsor of an urban renewal project involving said land, and
WHEREAS, on September 5, 2007, the Common Council declared itself Lead Agency
for the environmental review for the property conveyance to the IURA, and
WHEREAS, on September 5, 2007, the Common Council 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”, and
WHEREAS, on October 3, 2007, the Common Council issued a negative declaration
with regard to the proposed conveyance to the IURA, declared the property surplus,
approved the property transfer to the IURA, and reiterated the need for additional
environmental review once details of any proposed development on the property are
known, and
WHEREAS, the qualified and eligible sponsor, Ithaca Properties, LLC, proposes to
construct an 8-story, 102-room hotel in conformance with the City of Ithaca Zoning
Ordinance on a project site that includes the subject property, but has only developed
conceptual plans for the project pending acquisition of site control of the full project site,
and
WHEREAS, Ithaca Properties, LLC has indicated that the proposed hotel project is not
financially feasible without acquisition of the subject property, and
WHEREAS, it is not reasonable or practicable to expect the qualified and eligible
sponsor to develop detailed project plans and analyses of potentially significant adverse
impacts of the proposed hotel project prior to gaining site control, and
WHEREAS, details of the proposed development will not be known until after legal
control of the project site has been secured by Ithaca Properties, LLC and required
submissions for site plan review have been submitted to the Planning Board, and
April 2, 2008
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WHEREAS, pursuant to §176-6(F)(1)(b) of the City Environmental Quality Review
Ordinance, the reestablishment of a Lead Agency may occur “upon failure of the lead
agency’s basis of jurisdiction,” so that the Planning Board may subsequently assume
the role of Lead Agency for the environmental review for the site plan review of the
proposed hotel project, and
WHEREAS, as part of the site plan review process, the Planning Board regularly
conducts rigorous and thorough environmental review of all aspects of the proposed
development project that comes before it, and
WHEREAS, this proposed action to authorize a purchase and sale contract for
conveyance of 2,140 square feet of land is an “Unlisted” Action under the City
Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted for the IURA
proposed disposition of the subject property, including the preparation of a Short
Environmental Assessment Form (“SEAF”), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by IURA 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
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that circumstances warrant a segmented review of this property conveyance
from other stages of the proposed hotel project and that subsequent environmental
review of the proposed hotel project during the required site plan review process will be
no less protective of the environment, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed conveyance by the IURA will not have a significant effect
on the environment, and that further environmental review of said property disposition
action is unnecessary, and be it further
RESOLVED, That the environmental review of any specific, proposed hotel project
involving the subject parcel 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
any conveyance of the subject parcel, 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.
Alderperson Dotson stated that she was uncomfortable that CEQRO does not address
greenhouse gas emissions. She further stated that she would abstain from voting on
this issue because of it.
City Attorney Hoffman explained that according to the Common Council Rules of Order,
Common Council members can only abstain if they have a conflict of interest. He
clarified that the CEQR ordinance addresses greenhouse gases however the short and
long environmental assessment forms don’t. He stated that these forms could possibly
be modified without making changes to the ordinance.
A Vote on the Resolution resulted as follows:
Ayes (8) Clairborne, Rosario, Tomlan, Zumoff, Schuler, Myrick, Cogan
Korherr
Nays (2) Coles, Dotson
Carried
April 2, 2008
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C. Approval of IURA Proposed Property Disposition – Resolution
By Alderperson Tomlan: Seconded by Alderperson Zumoff
WHEREAS, Ithaca Properties, LLC (“Rimland”) seeks to acquire an approximately
2,140 square foot portion of tax parcel #70.-4-4.1 located on the westerly side of the
100 block of S. Aurora Street, Ithaca, NY for construction of a downtown hotel project
on an underutilized surface loading and parking lot at 215 E. State Street, and
WHEREAS, Jeffrey Rimland is the registered agent for Ithaca Properties, LLC, and
WHEREAS, on October 3, 2007, the City of Ithaca Common Council (“Common
Council”) determined the requested property was surplus and authorized the Mayor to
execute a deed conveying the surplus property to the Ithaca Urban Renewal Agency
(“IURA”) for the purpose of negotiating a proposed sale of the property with a qualified
and eligible sponsor for an appropriate urban renewal/infill project, and
WHEREAS, on September 27, 2007, the IURA determined that Rimland is a “qualified
and eligible sponsor” eligible to purchase the property from the IURA pursuant to §507
of General Municipal Law (“GML”) and commenced property disposition negotiations
with Rimland, and
WHEREAS, on February 5, 2008, Rimland submitted to the IURA a project proposal for
a 102-room proposed hotel project estimated to cost $17 million and generate stabilized
annual revenues of $4.7 million, and
WHEREAS, an appraisal conducted by Midland Appraisal Associates, Inc. concluded
the fair market value of the surplus property is $30,000, and
WHEREAS, Rimland agrees to purchase the property at fair market value, and
WHEREAS, on February 28, 2008, the IURA found that the proposed hotel project
proposed by Ithaca Properties, LLC will improve the social, physical and economic
characteristics of the downtown neighborhood thereby furthering the goals and
objectives of the Urban Renewal Plan and approved the sale of the subject property to
Ithaca Properties, LLC in substantial conformance with the attached “Purchase and
Sale Contract, Lands Located at 215 E. State Street, City of Ithaca”, dated February 27,
2008, and
WHEREAS, the IURA proposed purchase and sale contract requires final site plan
approval by the City of Ithaca Planning and Development Board for the proposed hotel
project as a contingency that must be satisfied prior to conveyance of the property, and
WHEREAS, completion of environmental review in accordance with the City of Ithaca
Environmental Quality Review Ordinance is required prior to final site plan approval for
the proposed hotel project, and
WHEREAS, the proposed hotel project will generate significant revenues to the City
from increased property taxes, sales taxes, hotel room taxes, and municipal parking
fees, and
WHEREAS, the Ithaca/Tompkins County Convention and Visitors Bureau estimates the
hotel project will generate $2.2 million annually in food, beverage, and retail sales on
The Commons, and
WHEREAS, the 1992 Downtown Design Plan identified the location of the proposed
hotel project as one of 11 sites in the downtown core that is appropriate for infill
development, and
WHEREAS, the proposed hotel project location is consistent with the County
Comprehensive Plan’s anti-sprawl policy to direct new development to urbanized areas
with existing utilities and municipal services that have access to convenient transit,
pedestrian and bicycle networks, and
April 2, 2008
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WHEREAS, Rimland agrees to a City-sanctioned peer architect review of the hotel
project design prior to site plan approval, and
WHEREAS, according to the New York State Department of Labor, “maids and
housekeeping cleaners” in the Southern Tier region are paid an average of $7.82 per
hour at entry level, and have a mean wage of $9.36 per hour, and
WHEREAS, Rimland agrees to pay all housekeeping room attendants compensation
equal to at least 156% of the New York State minimum wage ($7.15 per hour), which
sum is currently equivalent to $11.18 per hour, and
WHEREAS, the Alternatives Federal Credit Union calculates that a living wage without
health care benefits is $23,258 annually, or $11.18 per hour, and
WHEREAS, this proposed property disposition is being conducted pursuant to §507 of
GML that requires approval by the Common Council following a public hearing, and
WHEREAS, notice of the public hearing was published in the Ithaca Journal on March
8, 2008, and a public hearing was held on March 19, 2008, and
WHEREAS, the Planning & Economic Development Committee recommended minor,
non-substantive amendments to paragraph II(G) of the IURA-proposed purchase and
sale contract that are incorporated into a revised contract dated March 26, 2008; now,
therefore, be it
RESOLVED, That Common Council hereby approves the IURA proposed property
disposition to Ithaca Properties, LLC of the 2,140 square-foot parcel of land shown as
parcel B-1 on a survey map entitled “Survey Map, No. 215 East State Street, City of
Ithaca, Tompkins County, New York” prepared by TG Miller and Associates, Lee
Dresser, L.S., dated November 26, 2007, pursuant to a contract in substantial
conformance with the “Purchase and Sale Contract, Lands Located at 215 E. State
Street, City of Ithaca”, dated March 26, 2008, and be it further
RESOLVED, That in conformance with the terms of the October 3, 2007, Common
Council resolution that sought reversion of the property to the City in the event the hotel
project is not completed, the authorization contained herein shall be contingent upon the
execution, prior to execution of the afore-mentioned Purchase and Sale Contract, of an
agreement between the City and IURA that permits the City to lease parcel B-1 from the
IURA, at no cost, until the parcel is conveyed for development of the approved hotel
project and, in the event that the above-referenced Purchase and Sale Contract expires
without completion of the conveyance, that permits the City to reacquire parcel B-1 from
the IURA for $1.00 and pay all closing costs, and be it further
RESOLVED, That the Mayor is hereby authorized to execute any and all agreements
and documents necessary to implement this resolution, following review of the same by
legal counsel for the City.
Alderperson Coles stated that the Rimland project was originally proposed as a housing
project and she was not informed when it changed to a hotel project. She further stated
that she has consistently voted for downtown projects because she believes downtowns
stay vibrant when housing is a strong component. She stated that she would like to
request that the developer pay a living wage to its employees and noted that she
appreciates Mr. Rimland’s offer to pay a portion of the employees a living wage. She
further stated that the largest investments are being made in the downtown area and
not other neighborhoods and real estate taxes paid on this property would remain the
same. She stated that the moral question is why the City would want to sell this land to
the developer when it knows the effects of minimum wage.
Alderperson Cogan stated that he supports this project and appreciates the efforts of
the people who have worked with the developer to secure a living wage for the
housekeeping staff. He further stated that the Tompkins County Workers Center is
working to organize all hotel workers in the county. He stated that he has a problem
April 2, 2008
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with focusing this type of attention on one project in the community and can’t overlook
the potential benefits of the project (i.e. property taxes, sales tax revenues, etc.) He
noted that the site is not contributing to the community and in fact detracts from it. In
addition, the proposed project could become an anchor for the downtown area.
Alderperson Korherr questioned whether any parking arrangements have been made
with the developer for use of City garages. Community & Development Director Bohn
explained that there are no commitments for parking in the purchase and sale contracts.
The developer can use parking at the prevailing rate with no reservation of particular
spaces in any garage.
Alderperson Korherr stated that she supports the project but questioned what would
guarantee that the living wage reports from the developer would continue and what the
ramifications would be if they didn’t. City Attorney Hoffman explained that the purchase
and sale contract is between the Ithaca Urban Renewal Agency and Ithaca Properties,
LLC. He stated that the Ithaca Urban Renewal Agency would be in charge of
enforcement of the contract. Community and Development Director Bohn stated that
non conformance with the living wage reporting requirement could be considered a
breach of contract. He further noted that the developer has established a pattern of
good faith bargaining.
Alderperson Zumoff stated that he strongly supports this project as it would increase the
revenues of downtown businesses and enable them to increase the salaries of their
employees.
Alderperson Dotson stated that she agrees with the comments made by Alderperson
Coles. She asked if this project would increase or narrow the difference between the
“haves” and the “have nots”. She stated that it is not moral to increase profits on the
backs of those who can’t pay their bills. She stated that her preference was a housing
proposal instead of a hotel and noted that reducing greenhouse gas emissions should
be a goal for new and existing buildings in the City.
Alderperson Rosario stated that he supports the project and explained that there is a
commitment from the developer to ensure that project will not include a national chain
restaurant or coffee shop that will compete with local businesses. He further stated that
the City has a moral obligation to the common good. As the City increases its taxable
base, it will qualify for lower interest rates and save taxpayer dollars.
Alderperson Myrick stated that it is the Council’s moral obligation to be a responsible,
fiscal steward for the City.
Alderperson Clairborne stated that he is conflicted about the project and the associated
complex issues such as diversity and livable wages for the hotel workers.
Alderperson Tomlan stated that she hopes everyone will re-double their efforts on wage
and environmental issues on other initiatives. She further stressed the importance of
this project to downtown.
Mayor Peterson stated that she appreciates the amount of thought and the depth of
concerns that Council members have expressed.
A Vote on the Resolution resulted as follows:
Ayes (9) Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick
Cogan, Korherr
Nays (1) Coles
Carried
RECESS
Common Council recessed the meeting at 9:45 p.m.
RECONVENE:
Common Council reconvened the meeting at 10:00 p.m.
April 2, 2008
12
10.3 Proposal to Maintain a Temporary Enclosed Off-Leash Dog Area on City
Owned Lands
A. Declaration of Lead Agency – Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
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 proposal to maintain a temporary enclosed off-leash dog area 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 the Common Council of the City of Ithaca does hereby declare itself
Lead Agency for the environmental review of the proposal to maintain a temporary
enclosed off-leash dog area and an extension of the rescission of the “leash law” on a
portion of the City-owned “Festival Lands” adjacent to Allan H. Treman State Marine
Park.
Ayes (8) Coles, Dotson, Rosario, Zumoff, Tomlan, Schuler, Korherr, Cogan
Nays (0)
Carried
Alderpersons Clairborne, Myrick absent from the vote
B. Determination of Environmental Significance – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca is considering a proposal to maintain a temporary
enclosed off-leash dog area and an extension of the rescission of the “leash law” on a
portion of the City-owned “Festival Lands” adjacent to Allan H. Treman State Marine
Park for a period ending December 31, 2008, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (“FEAF”), and
WHEREAS, this action has been reviewed by the Tompkins County Planning
Department pursuant to §239-l–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
distributed to 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 FEAF 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 Full Environmental
Assessment Form, 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 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.
April 2, 2008
13
Alderperson Tomlan stated that Tompkins County Planning Commissioner Ed Marx has
notified the City that the County reviewed this proposal and there are no negative
impacts. The County looks forward to reviewing a proposal for a permanent dog park
later this year.
Alderperson Dotson stated that she would not support this proposal due to the absence
of review of greenhouse gas emissions from the (LEAF/SEAF) CEQRO process.
A Vote on the Resolution resulted as follows:
Ayes (8) Coles, Rosario, Tomlan, Zumoff, Myrick, Schuler, Cogan, Korherr
Nays (1) Dotson
Carried
Alderperson Clairborne absent from vote
C. Approval of the Proposal – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, on October 4, 2006, the Common Council amended Chapter 164 of the
Ithaca City Code, by creating a temporary exemption from the requirement that dogs be
leashed at all times (when not on the property of the owner), with regard to a portion of
the City-owned area known as the “Festival Lands” adjacent to the Allan H. Treman
State Marine Park and Cass Park, and, at the same time, directed the Board of Public
Works to promulgate and post rules and regulations for the use of the area, by
December 1, 2006, and
WHEREAS, that temporary exemption from the requirement that dogs be leashed at all
times extended through December 1, 2007, and
WHEREAS, in December 2007, the Common Council voted to extend the rescission of
the “leash law” until April 3, 2008, with the condition that dogs are allowed off leash only
after a fence with gates had been constructed around the area that had been
designated the off-leash area, and
WHEREAS, the Common Council has declared its intent to find a suitable site, within or
in close proximity to the City of Ithaca, where a permanent, safe and attractive off-leash
area for dogs could be located, without significant impact on the natural environment,
and
WHEREAS, the City is currently working in cooperation with New York State Parks to
establish a permanent location for an off-leash dog park, and
WHEREAS, while a permanent location is being located, the City is proposing to
maintain a temporary enclosed off-leash dog area for the comfort and protection of the
public on City-owned lands, and
WHEREAS, it is anticipated that a permanent location will be established on or before
December 31, 2008, and
WHEREAS, the enclosed map/photo shows the boundaries of the temporary off-leash
dog area previously established by the Board of Public Works and amended by the
Common Council; now, therefore, be it
RESOLVED, That the City of Ithaca does hereby maintain a temporary enclosed off-
leash dog area on City-owned lands in the area shown on the attached map and that
the previous temporary exemption of a portion of the Festival Lands from the “leash law”
will be renewed until December 31, 2008, by means of an ordinance intended to
accompany this resolution.
Alderperson Korherr stated that she wanted to acknowledge the memo from the City of
Ithaca Parks Commission regarding consideration of the possible creation of smaller
April 2, 2008
14
fenced areas at neighborhood parks. She also voiced her support for looking for
additional parks outside of the city.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Cogan
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That the City of Ithaca does hereby maintain a temporary enclosed off-
leash dog area on City-owned lands in the area shown on the map/photo and as said
enclosed area may be modified hereafter by Common Council or the Board of Public
Works, and that the previous temporary exemption of a portion of the Festival Lands
from the “leash law” will be renewed until December 31, 2008, by means of an
ordinance intended to accompany this resolution.”
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
D. An Ordinance to Amend Chapter 164 of the City of Ithaca Municipal Code
Entitled: “Dogs and Other Animals”
By Alderperson Tomlan: Seconded by Alderperson Schuler
ORDINANCE 08-
BE IT ORDAINED AND ENACTED, by the Common Council of the City of Ithaca, as
follows:
SECTION 1. Chapter 164 (“Dogs and Other Animals”), Article III (“Dogs”), Section 164-
9 (“Prohibited Acts”), subsection B, of the City of Ithaca Municipal Code, is hereby
amended to read as follows:
§ 164-9. Prohibited Acts.
B. Temporary Exemption: Effective as of April 4, 2008, and for duration of the period
described below, Subdivision A.1, above, shall not apply to owners whose dogs are off
leash in the fenced portion of the area owned by the City known as the “Festival Lands,”
which Lands are adjacent to Allan H. Treman State Marine Park and which are shown
as “Parcel B” on a survey map of Cass Park dated August 15, 2001, by T.J. Miller, PC,
provided that such owners are in compliance with all rules and regulations established
by the Board of Public Works for such off-leash area. This exemption shall continue
until December 31, 2008.
SECTION 2. Severability. Severability is intended throughout and within the provisions
of the ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
SECTION 3. Effective Date. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the Ithaca City Charter.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Korherr
RESOLVED, That §164-9B be amended to read as follows:
“B. Temporary Exemption: Effective as of April 4, 2008, and for duration of the period
described below, Subdivision A.1, above, shall not apply to owners whose dogs are off
leash in the fenced portion of the area owned by the City known as the “Festival Lands,”
which Lands are adjacent to Allan H. Treman State Marine Park and which are shown
as “Parcel B” on a survey map of Cass Park dated August 15, 2001, by T.J. Miller, PC
(which fenced area subject to this exemption may extend onto immediately adjacent
lands), provided that such owners are in compliance with all rules and regulations
April 2, 2008
15
established by the Board of Public Works for such off-leash area. This exemption shall
continue until December 31, 2008.”
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
11. CITY ADMINISTRATION COMMITTEE:
11.1 Workplace Violence Committee – Approval of a Workplace Violence
Prevention Policy – Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, in January 2006, the New York State Legislature enacted a workplace
violence prevention law which mandated that public employers must develop and
implement programs to prevent workplace violence, and
WHEREAS, said programs are mandated to consist of three (3) components; an
evaluation of the workplace, a written workplace violence prevention policy, and training
of all employees, and
WHEREAS, the City of Ithaca formed a committee of staff from the various City
departments, including Police, Attorneys, Human Resources, Building, Information
Technology, others, and a Common Council liaison to develop and implement programs
to prevent workplace violence, including drafting and implementing a written workplace
violence prevention policy, and
WHEREAS, the State of New York, in June 2007, promulgated regulations concerning
Public Employer Workplace Violence Prevention Programs, 12 NYCRR Part 800.16,
including regulations pertaining to a Workplace Violence Prevention Policy, and
WHEREAS, the Workplace Violence Prevention Committee utilized said regulations as
a basis for drafting a Workplace Violence Prevention Policy; now, therefore be it
RESOLVED, That the Ithaca Common Council approves the City of Ithaca Workplace
Violence Prevention Policy dated April, 2, 2008.
Discussion followed on the floor regarding changes to the language of the Workplace
Violence Prevention Policy.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Dotson
RESOLVED, That the definition of “Weapons” in Section 1 of the City of Ithaca
Workplace Violence Prevention Policy be amended to read as follows:
“WEAPONS are defined as firearms, chemical sprays, clubs or batons, knives (except
for non-spring pocket knives), and include any device, tool, chemical agent, or other
implement capable of bodily harm if it is used as a weapon or displayed in such a
manner to cause harm or threaten a person with harm.”
Carried Unanimously
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Zumoff
RESOLVED, That section 6. “Prohibited Behavior” numbers 5 & 6 in the City of Ithaca
Workplace Violence Policy be amended to read as follows:
“5. All employees, except employees carrying self-defense weapons pursuant to
sub-section 6 below, are prohibited from carrying weapons (except non-spring pocket
knives) while engaged in City business unless carrying a weapon is required by the job
classification of the employee and there are specific policies and procedures which
govern the use and/or display of a weapon by individuals in such job classification.
6. Employees engaged in City business shall not carry self-defense weapons
(except non-spring pocket knives) without a valid permit when required or in violation of
any law or this policy. Employees who carry a legal self-defense weapon shall notify
April 2, 2008
16
the department head and Human Resources in writing of what type of weapon is being
carried. Employees who carry legal weapons for self defense may be in violation of this
policy and may be subject to personal civil liability and legal prosecution in the event of:
accidental discharge or loss of the weapon; use, threat of use, or display of the weapon
while engaged in City business, or violation of any law related to carrying a legal self
defense weapon while engaged in City business. Examples include but are not limited
to: concealed weapon (handgun permit); mace, non-spring pocket knives, pepper spray
or other chemical agents; stun guns.”
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as followed.
Carried Unanimously
11.2 DPW – Approval of Safe Routes to School Application – Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the Safe Routes to School (SRTS) Program was created in 2005 on
passage of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), and
WHEREAS, the New York State Department of Transportation, which is administering
the program in the State, has called for applications to be due on April 1, 2008, and
WHEREAS, staff from the Office of the City Engineer have worked with community
members and school officials to develop an application for the program, and
WHEREAS, Common Council desires to submit this application; now, therefore be it
RESOLVED, That the Mayor be hereby authorized to sign and submit an application for
the Safe Routes to School program in an amount to not exceed $200,000, and be it
further
RESOLVED, That Common Council authorizes this application with the understanding
that though the City of Ithaca will provide funding in the first instance for the program,
100% of the eligible costs will be reimbursed by federal funds, except for in-kind
commitments of City staff time and office resources.
Alderperson Coles explained that she, Traffic Engineer Logue, Engineering Technician
Johnson, and Alderperson Dotson participated in discussions with students and
representatives from the local schools on how these grant funds should be spent.
Alderperson Dotson stated that this is a great initiative and that it would be great to have
a coordinator for these types of activities. She further stated that it was great to see the
community collaboration that went into this project.
Engineering Technician Johnson expressed his thanks and appreciation to the following
individuals and organizations that helped to support the Safe Routes to School
application:
1. The numerous students, parents, teachers and administrators that worked with
the City to develop the SRTS application.
2. The Ithaca Police Department for their willingness to provide a sizable in-kind
contribution to this project in the form of increased school zone enforcement.
3. The Cornell University Public Service Center for their commitment to supply
work-study students to assist in implementing the SRTS project.
4. The City’s Parks and Forestry division for offering in-kind services.
5. The Board of Public Works and the City Administration Committee for endorsing
this project.
6. The principals for Lehman Alternative Community School and Beverly J. Martin
Elementary School for their support of this project.
7. Other organizations and individuals that have provided letters of support and
have helped in the preparation of the SRTS application, and Common Council.
April 2, 2008
17
Engineering Technician Johnson further stated that this support helped to improve and
refine the scope of the project, and that the commitment of resources from the City and
Cornell University made the application more attractive to those ranking the submitted
proposals. He explained that proposed SRTS programs may request 100% federal
reimbursement for program costs and applications that offer local funds are ranked
higher because they demonstrate a higher level of commitment to the proposed project.
In the case of the City’s application, the local contribution is estimated to be 16% of the
program costs, which shows a very high commitment.
A Vote on the Resolution resulted as follows:
Carried Unanimously
11.3 DPW – Amendment to Capital Project #514 Cold Storage Building –
Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, bids were received and opened on February 19, 2008 for construction of a
pre-engineered post-frame storage building at the Water and Sewer Division site at 510
First Street (CP #514), and
WHEREAS, the bid package consisted of a base bid and seven alternate items to be
awarded at the discretion of the City, and
WHEREAS, staff has reviewed the four bids received and made recommendations for
award of the base bid plus Alternate #3, which provides for insulation of the building,
and
WHEREAS, award of the project with recommended alternate item will exceed the
budgeted amount of $190,000 for this Capital Project by $56,925.45, and
WHEREAS, the Board of Public Works has made recommendation by resolution at their
March 5, 2008 meeting for award of the base bid plus Alternate Item #3 to Gudabari,
Inc. of Savannah, New York for a total contract amount of $246,925.45; now, therefore
be it
RESOLVED, That Common Council hereby amends Capital Project #514, construction
of the Cold Storage Building at the City of Ithaca, DPW, Water and Sewer Division
Facility at 510 First Street by an amount not to exceed $58,000 including financing for a
total project authorization of $248,000, and be it further
RESOLVED, That funds necessary for said amendment should be derived from the
issuance of Bonds.
Alderperson Clairborne explained that construction estimates for this project were
originally made in 2006 and he is pleased that this project is moving forward because it
will improve the appearance of the Water & Sewer Division.
A Vote on the Resolution resulted as follows:
Carried Unanimously
11.4 DPW – Approval of Johnson Controls Water Meter Project – Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, the City bills its utility customers over $8 million for water and sewer
services each year based on readings of water meters installed in the customers’
premises, and
WHEREAS, it is anticipated that this billing will increase significantly due to a projected
plan either to restore or replace the City’s water treatment plant, and
WHEREAS, the City entered into an Energy Performance Contract with Johnson
Controls in late 2006 but delayed the water meter replacement portion of that contract in
April 2, 2008
18
order to research options for water meter upgrade, automated meter reading, and a new
system for imbedded leak detection, and
WHEREAS, staff has recently made recommendations which Johnson Controls has
used to develop a proposal for the Energy Performance Contract Phase 2 which
projects $4.2 million in savings, increased revenues and other benefits to cover the
current meter replacement estimated cost of $2,348,000 or 15 year total costs of
$3,100,000, and
WHEREAS, the Board of Public Works has recommended the creation of a Capital
Project in the amount of $2,348,000 by Common Council for the purpose of upgrading
the City’s water meters and converting to automated meter reading, and
WHEREAS, a final contract needs to be developed between the City and Johnson
Controls for said upgrade of the City’s water meters; now, therefore be it
RESOLVED, That Common Council hereby authorizes the Mayor, City Attorney, City
Controller and Superintendent of Public works to negotiate a final contract based on this
resolution, and that the Mayor is hereby authorized to sign the contract, and be it further
RESOLVED, That funding for the said project will be made through a municipal lease
negotiated by the Controller’s Office or the issuance of Bonds with payment made by
the Water and Sewer Funds, and be it further
RESOLVED, That the increased revenue and benefits recovered from said project shall,
at a minimum, be equal to the overall cost of the project as a result of a Johnson
Controls meter accuracy guarantee and ongoing operational savings associated with
the leak detection system and the automated meter reading system.
Carried Unanimously
11.5 Fire Department – Request to Extend City/Town Fire Memorandum of
Understanding (MOU) – Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the current five year City of Ithaca and Town of Ithaca Fire Protection
contract expired on December 31, 2007, and
WHEREAS, the MOU was extended by both parties until March 31, 2008, and
WHEREAS, both sides continue to negotiate a new contract but will not complete the
process prior to March 31, 2008, and
WHEREAS, the provisions of the said contract will continue in force while negotiations
on the terms and conditions of a new contract continue; now, therefore be it
RESOLVED, That the terms and conditions of the existing contract be extended through
September 30, 2008 per attached Memorandum of Understanding (MOU), and be it
further
RESOLVED, That Common Council hereby authorizes the Mayor to execute the MOU
dated April 2, 2008 for said contract extension.
Carried Unanimously
11.6 Report of City Controller:
City Controller Thayer reported to Common Council on the following items:
- Increased fuel costs are affecting contract and construction costs which will result
in budget amendments.
- The 2007 books are closing and show positive operation results
- The 2006 audit is complete
- Sales Tax revenue is up approximately 10%
- Parking revenues are on target
- Fine revenues are on target
April 2, 2008
19
- Expenses may be $50,000 over budget
- Health insurance costs may result in a short fall in the budget
- State budget final approvals due this week. A 2% cut in State aid could result in
a $56,000 to $57,000 loss to the City. The City budgeted this item conservatively
and may be okay
Alderperson Korherr left the meeting at 11:00 p.m.
Motion to Extend Meeting:
By Alderperson Cogan: Seconded by Alderperson Clairborne
RESOLVED, That the meeting be extended to 11:15 p.m.
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
Alderperson Dotson noted that TCAT may run over budget due to increased fuel costs
and questioned what impact that may have on the City. City Controller Thayer
responded that the 2008 Budget was increased by $15,000 to accommodate escalating
fuel costs and that he will continue to monitor those expenses.
Mayor Peterson reported that the New York State Department of Environmental
Conservation has shut down the City’s landfill at Southwest Park and issued the City a
fine. She explained that this has resulted in the City having to transport waste materials
to another county to dispose of them.
Supt. Gray reported that city staff is learning about various recycling methods that are in
place for waste materials.
13. NEW BUSINESS:
13.1 Blue Stone Bar & Grill Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar &
Grill 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 Blue Stone Bar & Grill, 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 2008, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar &
Grill 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 (9-0)
Alderperson Korherr absent from vote
13.2 Benchwarmers Restaurant Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, Benchwarmers Restaurant on the Commons has requested an outdoor
dining permit with permission for the sale and consumption of alcohol, and
April 2, 2008
20
WHEREAS, this use of public property has generally 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 Benchwarmers 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 2008, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for
Benchwarmers 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 (9-0)
Alderperson Korherr absent from vote
13.3 Ragmann’s Restaurant Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Clairborne
WHEREAS, the City Clerk’s Office has received a request to allow Ragmann’s Restaurant
to utilize certain areas along North 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 Ragmann’s 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 2008, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Ragmann’s
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 (9-0)
Alderperson Korherr absent from vote
13.4 Common Council’s Appointment to the Local Advisory Board of
Assessment Review – Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That Margaret Hobbie and Susan Lewis be appointed to the Local
Advisory Board of Assessment Review.
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
April 2, 2008
21
14. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Resolution of Support for the Application of the Downtown Ithaca Business
Improvement District (Downtown Ithaca Alliance) to the 2008 New York Main
Street Program
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, the State of New York Housing Trust Fund Corporation and the New York
Division of Housing and Community Renewal have made available grant funds to
qualified downtown organizations under the New York Main Street program for main
street revitalization projects; and
WHEREAS the Downtown Ithaca Business Improvement District (Downtown Ithaca
Alliance) is an eligible grant recipient of Main Street funding; and
WHEREAS, the Downtown Ithaca BID has previously received a grant award from the
New York Main Street program that has improved facades on seven downtown
properties, provided streetscape improvements, including the new historic lamps on the
100 Block of North Aurora Street; and
WHEREAS, the Downtown Ithaca BID is applying to the 2008 New York Main Street
program for an additional allocation of $200,000 to be used for downtown façade
improvements and streetscape amenities on the secondary Commons, with $175,000
allocated to façade improvements and $25,000 earmarked for streetscape amenities;
and
WHEREAS, administration and match requirements for this grant will be provided by the
Downtown Ithaca BID and the participating property owners; and
WHEREAS, receipt of this grant will assist in the revitalization of downtown Ithaca by
enhancing the historic heritage and character of downtown buildings; and
WHEREAS, the Downtown Ithaca BID seeks Common Council support, but no cash
match, for a grant application; and
WHEREAS, the Downtown Ithaca BID will work with property owners and businesses in
the downtown Ithaca BID district to obtain the necessary matching funds for façade
projects; now, therefore be it
RESOLVED, That the City of Ithaca Common Council does hereby support the
application of the Downtown Ithaca Business Improvement District to the State of New
York Main Street Program.
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
15. MAYOR’S APPOINTMENTS:
15.1 Ithaca Landmarks Preservation Commission
By Alderperson Tomlan: Seconded by Alderperson Schuler
RESOLVED, That Susan Jones be appointed to the Ithaca Landmarks Preservation
Commission to fill a vacancy with a term to expire December 31, 2008.
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
REPORT OF CITY CLERK:
City Clerk Holcomb stated that the 2008 Annual Community fire works would be held on
Wednesday, July 2, 2008 and asked if Common Council would like to consider meeting
on a different date that month.
Common Council asked City Clerk Holcomb to send out alternative available dates
based on the monthly meeting schedule. Alderperson Rosario stated he would not be
available July 1st or 2nd.
April 2, 2008
22
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that the City has settled two lawsuits:
- The former “Dollar” store case was settled with a payment of $15,000.
- Cascadilla Creek Wall Collapse – was settled with a three-way split with the Linn
Street property owner, the City’s insurance carrier, and the City for a total cost of
$107,000.
City Attorney Hoffman further reported that Common Council should expect to receive a
decision soon on the eminent domain case for the property under the Green Garage
soon.
19. MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the March 5, 2008 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
RESOLVED, That the minutes of the March 5, 2008 Regular Common Council meeting
be approved with noted corrections.
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
20. ADJOURNMENT:
On a motion the meeting adjourned at 11:20 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor