HomeMy WebLinkAboutMN-CC-2008-09-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. September 3, 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
Acting Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
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:
Individual Member Filed Resolution:
Alderperson Clairborne requested the addition of Item 14.1 entitled City/Town Fire Contract
Request for Extension – Resolution.
No Council Member objected.
Executive Session:
Mayor Peterson requested the addition of a Possible Motion to Enter into Executive Session to
Discuss Proposed Acquisition of Real Property.
No Council Member objected.
PROCLAMATIONS/AWARDS:
3.1 Mayor Peterson proclaimed the month of September 15 to October 15, 2008 as Latino
Heritage month in the City of Ithaca.
Fernando DeAragon accepted the proclamation on behalf of the Latino Community and noted
upcoming celebratory events being held at the Kitchen Theatre and the Women’s Community
Building.
3.2 Mayor Peterson proclaimed September 19, 2008 as Run/Walk to Work Day in the City of
Ithaca.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Jacob Roberts, Connect Ithaca, addressed Council to announce the upcoming International
Podcar Sustainable Transportation Conference that will be held September 14-16, 2008. The
conference is being hosted by Connect Ithaca, Swedish Institute for Sustainable Transportation,
Cornell University, Ithaca College, NYSERDA, Advanced Transit Association, Chemung Canal
Bank, the Park Foundation, Social Ventures, and Sustainable Tompkins. He invited the Mayor
and Common Council members to attend the conference and noted that pre-registration is
required.
JoAnn Cornish, Town of Ithaca, addressed Council in support of the proposed Managerial
Compensation Adjustment proposal.
Joel Harlan, Town of Newfield, addressed Council regarding Gorge safety issues.
Stel Whitehead, addressed Council to inform them of an upcoming rally for youth on September
22, 2008 that will encourage voter registration. She further extended her thanks to the staff at
the Youth Bureau and Alderpersons Myrick and Clairborne for their leadership in shepherding
through the Youth Council initiative.
City Clerk Holcomb read into the record the following announcement from the Ithaca Urban
Renewal Agency entitled “Consolidated Annual Performance and Evaluation Report (CAPER)
Public Comment Period”:
“The City of Ithaca is required by the U.S. Department of Housing and Urban Development
(HUD) to annually report on its progress in implementing its Consolidated Plan. The report,
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known as the YF08 Consolidated Annual Performance and Evaluation Report (CAPER), will be
submitted to HUD on September 23, 2008. The report is available for public comment from
September 5 through September 22, 2008 and may be reviewed in the City’s Community
Development office, Third Floor, City Hall, 108 East Green Street, Ithaca, New York. Citizens
should submit their comments in writing to the address above before Noon on September 22,
2008. Public comments will be attached to the CAPER and forwarded to HUD.”
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Zumoff responded to comments made about the Podcar conference and noted that
there would also be a free public forum on “Eco-City Emerging” at 7:00 p.m. on September 16,
2008 at the State Theatre.
Alderperson Coles noted the recent graffiti incident at the Skateboard Park and praised Asst.
Supt. Ferrel and his staff for their quick response. She noted that within two hours of the
discovery of the graffiti, the wall had been re-painted. She further noted that the Ithaca Police
Department apprehended the suspect.
Mayor Peterson noted that Mike Ellis (Love Knows No Bounds) has reported that Pastor
Davenport rode out the recent hurricane (Gustav) with a few of his parishioners in their church,
and that everyone is fine.
She further reported that she will be attending her first New York State Conference of Mayors
(NYCOM) meeting as a member of the Executive Committee at the end of the month.
Alderperson Rosario announced that there would be a public meeting at the Northside
Community Center on September 9, 2008 from 6:30 p.m. to 7:30 p.m. to address recent
concerns shared by residents regarding public safety and enforcement issues in Conway Park.
Alderperson Myrick announced that the Collegetown Neighborhood Civic Association, Cornell
University, and the City of Ithaca would be hosting a “meet and greet” information session for
Cornell University students and neighborhood residents on Sunday, September 7, 2008 from
12:00 – 2:00 p.m. at the #9 Fire Station on College Avenue.
Alderperson Tomlan extended her thanks to the City Clerk’s office for providing all kinds of
useful information to residents and students for the information session noted above.
CONSENT AGENDA ITEMS:
There were no Consent items submitted for the agenda.
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Update on Collegetown Planning Process
The following is an excerpt of the update given by Alderperson Tomlan on the Collegetown
Planning Process:
“The most recent draft of the Urban Plan and Design Guidelines prepared by the consultant firm
Goody Clancy from Boston dated June 14, 2008, has been made available on the City’s website
for two months now. It’s been prepared under the review of the client committee, the
Collegetown Vision Implementation Committee (CVIC), originally chaired by Jennifer Wilkins
and now by Vice Chair Svante Myrick. That committee’s charge was extended in December
2007 to include “the guidance and review” of the work of the consultants with reference to the
timeline of the temporary moratorium and so that the resulting urban plan and design guidelines
and proposed legislation are consistent with the vision for Collegetown as endorsed by
Common Council on June 6, 2007.
The membership of the CVIC includes four Common Council members from the Third and
Fourth Wards, representation from students, businesses, property owners, Cornell, and long-
term residents. Cornell has been an equal funder for the consultant costs. In discussing the
plan during the past two months since its posting on the City’s website, the CVIC has agreed
that language regarding design guidelines needed to be strengthened and has met with Lee
Einsweiler of Code Studio who has been preparing the zoning and has had extensive
discussions regarding the proposed 90’ maximum height in the core of Collegetown. An interim
vote in those discussions about height identified six of the sixteen members opposed to the 90’
height and since then the CVIC has wrestled with ways to find greater consensus as it passed
the plan onto Common Council. The last meeting was yesterday; chaired by Svante, and much
to everyone’s dismay we failed to reach consensus on an alternative. Goody-Clancy will be
preparing the final plan which should be in the hands of Common Council within the next three
weeks so that they can begin the official process of discussion and action.
As has happened in the past, the committee chair will make the official presentation of the plan to
Common Council on October 1st. The Planning Committee will be discussing aspects of the plan in the
September 3, 2008
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meantime. Meanwhile Code Studio has been working on zoning legislation to implement the plan and the
schedule calls for their first draft to be submitted for City planning staff review by mid-September, with
review and action thereafter by members of Council through the Planning Committee first.
Other aspects of the plan such as the sustainable transportation system will have to await
funding support and additional action. In the meantime, the moratorium that was enacted by
Common Council in October 2007 is scheduled to end in early October. That moratorium was
enacted to provide generally stable conditions as the new proposal was worked out. We knew
at the time that one year was a very tight schedule. We have fallen behind schedule with the
extended deliberations, particularly about height, which have continued in the CVIC since early
June. The new plan and new legislation will not be in place by the end of the moratorium period
in early October. This is a matter of concern because we can see already that the proposed
design guidelines and zoning regulations will really benefit some of the areas vulnerable to
“unsympathetic” development, particularly in the areas transitional to Collegetown.
In order to permit the zoning legislation to be presented to us and to be acted on, a four month
extension to the moratorium is being proposed in order to allow the zoning regulations to be in
effect before significant new development takes place. The Planning Committee looked at a
concept memo for the extension of the moratorium and draft legislation which is being circulated
to staff and the County Planning Commissioner for comment. That will return to the Planning
Committee on September 17, 2008 and very soon after that Council will be seeing the final plan
for Collegetown prepared by the consultants.
As a result of some of the published comments, various neighborhood organizations through
their listservs and communications have felt that the City was providing some extra advantages
to Collegetown that have been characterized as City subsidies. This is not true and [this
impression] should not be carried forward.”
10. CITY ADMINISTRATION COMMITTEE:
10.1 DPW - Request to Amend Personnel Roster - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, the Department of Public Works, Streets and Facilities Division, requests changes
in staff hours in an effort to reorganize the office due to the retirement of the Office Manager;
now, therefore be it
RESOLVED, That the employee roster be amended as follows:
Increase - Office Manager position from 35 hours to 40 hours,
Increase - Financial Management Assistant position from 20 hours to 40 hours,
and
Decrease - Financial Clerk position from 40 hours to 20 hours,
and, be it further
RESOLVED, That this change take effect upon the retirement of the current Office Manager
effective September 30, 2008, and be it further
RESOLVED, That said personnel roster amendment be made within the existing 2008
authorized DPW Budget.
Carried Unanimously
10.2 Human Resources - Request to Approve Managerial Compensation Adjustment -
Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the City has experienced managerial compensation issues over the last ten plus
years that have compounded significantly, impacting on the City’s ability to operate
competitively, and
WHEREAS, the Director of Human Resources proposed a compensation adjustment plan
during the 2008 budget process, to address the issues of compression, recruitment and
retention, totaling $67,658, and
WHEREAS, due to financial restrictions and priorities, Common Council set aside $20,000 to
address these concerns, and
WHEREAS, the Director of Human Resources recommended that the $20,000 be applied at a
time in the year (late September) which would allow full implementation, and
WHEREAS, Common Council is not inclined to fully implement the proposal at this time but
would consider alternate options, and
September 3, 2008
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WHEREAS, the Director of Human Resources, in an attempt to meet the request of Council,
suggests that the adjustments be applied as a proportion of the amount set aside to the amount
needed, and
WHEREAS, $20,000 is approximately 25% of what is necessary to fully implement the proposal
recommended by the Human Resources professionals; now therefore be it
RESOLVED, That 25% of the recommended adjustments, plus benefits, be applied to the
salaries of all senior staff listed in the proposal, effective January 1, 2008, and be it further
RESOLVED, That in the event that Common Council continues to set aside money to address
these serious issues, that the same calculation will be used unless Council chooses to fully
implement.
Alderperson Clairborne disclosed that his wife is a member of the City’s Senior Staff; however,
she is not among the list of staff impacted by this action so he does not have a conflict of
interest in the consideration of this item.
Alderperson Coles distributed copies of e-mails received from members of the City’s senior
staff. She explained a few of the reasons that have contributed to the salary compression issue
and the implications it has on the organization. She urged Common Council members to
support the resolution.
Alderperson Korherr stated that she did not believe that Common Council should financially bind
future Councils by this action. She further referenced a letter sent by an anonymous CSEA
employee regarding the status of the Classification Study.
Alderperson Coles explained that extensive discussion was held at the City Administration
Committee meeting and the committee agreed that the last Resolved clause should stay in the
Resolution.
Mayor Peterson stated that Common Council is not allowed to bind future Councils and that this
Resolution prescribes a particular payment methodology.
Amending Resolution:
By Alderperson Korherr: Seconded by Alderperson Zumoff
RESOLVED, That the last Resolved clause be removed from the resolution.
Ayes (4) Rosario, Korherr, Zumoff, Dotson
Nays (6) Coles, Clairborne, Tomlan, Myrick, Schuler, Cogan
Abstentions (0)
Failed
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That in the event that Common Council continues to set aside money to address
these serious issues, it is recommended that the same calculation for the affected staff will be
used unless Council chooses to fully implement.”
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.3 City Controller’s Report
City Controller Thayer reported to Common Council on the following items:
2009 Budget:
2009 Budget development is ongoing. Most of the departmental meetings with the Mayor have
been conducted. Final calculations cannot be made until the health insurance, pensions, and
Cayuga Green Garage figures are made available.
State Financial Reports:
The 2007 State financial report is expected to be complete by mid-November. The audit would
follow in November-December, 2008.
September 3, 2008
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2008 Material items:
Costs: The overall cost of city operations continues to climb. The CPI for July was 6.3% and
the average for the year is 5.1%. Construction costs have risen 20% and utilities and fuel costs
are much higher than 2007. Health insurance costs have remained high.
State Aid: Our proposed $244,000 state aid cut was restored for 2008. This means for 2008
the City will receive $2,880,532 in general state aid, up 11.26% from 2007. This is $110,207
above our projected 2008 budget. This will help offset some of the higher costs mentioned
above. For 2009, the City should be conservative on our state aid budget estimate as state aid
will be looked at for budget reductions by the state if the weak economy continues.
Sales Tax: Sales tax revenue still remains strong; up 11.7% overall from 2007 actual
collections. Reasons for the revenue increases include; new development; higher fuel and
utility costs; cost of goods increasing: large positive state audit adjustments and more
consumers shopping locally due to higher fuel costs.
Cash Flow: The city’s cash flow will be put to the test with retro payments for the DPW Unit
and the Executive Unit working their way through the system.
Parking Revenues: Overall the City is on pace to meet its $1,568,500 parking revenue budget
estimate. Meters are right at 2007 collection numbers. Dryden Road Garage is up 13% from
2007 mainly due to the Garage being closed for the summer of 2007 due to construction.
Fine Revenue: The Budget of $850,000 is on pace to be exceeded by about $50,000.
Health Benefits Steering Committee: The committee is working its way through developing
health insurance plan designs for the Tompkins County Council of Governments. This is a
State municipal cooperative incentive grant administered by the County. Union involvement will
happen soon. The goal is to save money and maintain or improve health insurance services for
local municipalities. It is still unclear what savings the City will realize. It is hopeful that all
municipalities will sign on in mid 2009 for a 2010 implementation.
COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE:
11.1 Approval of Contractual Agreement Between the City of Ithaca and Cornell
University, as to a Portion of University Avenue - Resolution
By Alderperson Clairborne: Seconded by Alderperson Zumoff
WHEREAS, the nature and extent of the public’s rights in the portion of University Avenue that
passes through the campus of Cornell University (consisting of approximately 1,100 linear feet
of roadway), and the responsibility for maintenance and repair of that portion of the street, have
been in dispute between the City of Ithaca and Cornell, for at least 25 years; and
WHEREAS, this portion of University Avenue is in need of significant repair, including
stabilization and reconstruction of the underlying roadbed, the cost of which is estimated to
exceed $2,000,000.00; and
WHEREAS, over the past two years, representatives of the City (including the Mayor, City
Attorney, Superintendent of Public Works, Fire and Police Departments, and members of
Common Council and the Board of Public Works) and of Cornell University have engaged in
extended discussions and negotiations intended to identify a means of resolving the disputes
and confusion about University Avenue; and
WHEREAS, in 2007, the City Attorney, upon investigation of the matter and a review of
available evidence (including evidence discovered by Cornell that the presumed origin of
University Avenue as a State-authorized turnpike that would have reverted to public ownership
following its private operation was apparently in error), opined that Cornell holds the underlying
title to the land upon which University Avenue is located, and that the existing rights of the
public (and, by extension, the City of Ithaca) in the road consist solely of an unwritten “easement
by user,” the boundaries of which easement corridor (including its height) are defined by the
actual, historical, public use of the roadway (i.e., the travel lanes, sidewalk, and public utilities);
and
WHEREAS, Cornell University concurs with the City Attorney’s opinion in this matter and has
offered to assume sole responsibility for the maintenance of the subject portion of University
Avenue (between its intersection with East Avenue/Thurston Avenue and its intersection with
the easterly boundary of the Chi Psi fraternity), to reconstruct that portion of the street to
agreed-upon specifications, by December 2013, and to keep the street generally open (with
certain, limited exceptions), in perpetuity, for generally
unrestricted use by the public as a two-way street (with a new, uphill bicycle lane and a sidewalk
on the north side), in exchange for the City’s official discontinuance of that portion of University
September 3, 2008
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Avenue as a City street and its conveyance (by quitclaim deed) of any remaining City property
rights in the street, to Cornell, subject to a right of reverter (in the event that Cornell University
ceases to exist at its Ithaca location) and the City’s retention of an easement for the City’s
utilities associated with the street; and
WHEREAS, the City and Cornell have committed themselves to exploring this proposed
arrangement, by negotiating, approving and executing a Memorandum of Understanding (dated
May 21, 2008) intended to bring the issue of discontinuance (in conjunction with a proposed,
legally binding contractual agreement between the City and Cornell) to a timely vote by the
Board of Public Works and Common Council; and
WHEREAS, New York’s General City Law, Section 20(7), grants to cities the authority “to lay
out, establish, construct, maintain, operate, alter and discontinue streets;” and
WHEREAS, the Charter of the City of Ithaca (in Section C-71) grants to the City’s Board of
Public Works the authority to “lay out, alter, discontinue, regulate, straighten, widen, pave, curb,
clean and sprinkle the streets, highways, bridges and crosswalks,” and (in Section C-61),
provides that the Board shall “have control” of the City department pertaining to “Streets and
Sidewalks” and its property, albeit “subject to the limitations herein contained and the direction
and review of the Common Council;” and
WHEREAS, to the extent that the Planning and Development Board of the City is required to
have an opportunity to comment upon the proposed discontinuance of a City street, such
opportunity was provided in this case, and such comments (approved on June 24, 2008) were
received, containing suggestions that have been incorporated into the proposed City/Cornell
contractual agreement; and
WHEREAS, the public hearing required to be conducted before a street is discontinued was in
fact conducted on June 23, 2008 (following a non-required public information session conducted
on June 17, 2008), at which hearing no comments were made by members of the public; and
WHEREAS, environmental review of the proposed discontinuance (coupled with the execution
of a contractual agreement between the City and Cornell, as to continued public use of the
street) has been completed, by Common Council acting as lead agency, with a negative
declaration of environmental significance (approved on August 6, 2008); and
WHEREAS, the Board of Public Works, at its meeting on August 13, 2008, and pursuant to the
authority vested in it by the Charter of the City of Ithaca, voted to discontinue the portion of
University Avenue in question, as a City street, conditioned upon the approval (by Common
Council) and execution (within 90 days of the Board’s approval) of a legally-binding contract
between the City and Cornell, containing (but not necessarily limited to) certain provisions
specified by the Board in its resolution; now therefore be it
RESOLVED, That the Common Council hereby concurs with the determinations of the Board of
Public Works in its resolution of August 13, 2008, namely:
1. That the proposed arrangement described above will resolve decades of dispute and
confusion as to who is responsible for maintaining the subject portion of University Avenue and
(more recently) as to what the parameters of the public travel corridor are;
2. That under the essential terms of the proposed Contractual Agreement Between
Cornell University and the City of Ithaca Concerning a Portion of University Avenue (now dated
August 19, 2008), the interests of the City and the public in having University Avenue
maintained as a permanent transportation corridor generally open for public use - by motor
vehicles, bicycles and pedestrians, and, potentially, fixed-rail transit - will be reasonably
protected, notwithstanding the discontinuance of the subject portion of University Avenue as a
City street; it being anticipated that from the public’s vantage point, use of the street after such
discontinuation will be indistinguishable from
the current public usage (except that it will include a bicycle lane and will be maintained to
standards at least as high as those for other, typical, Cornell-owned streets on campus with
similar traffic demands); and
3. That the proposed discontinuance will result in substantial, monetary savings to the
taxpayers of the City of Ithaca, and a lessened workload for the Department of Public Works, as
a result of the avoided cost of urgently needed reconstruction of the road, as well as of its
continued repair and maintenance; and be it further
RESOLVED, That the Common Council hereby determines that the essential terms of the
proposed Contractual Agreement Between Cornell University and the City of Ithaca Concerning
a Portion of University Avenue (dated August 19, 2008) are fully consistent with the terms
required to be included therein as a condition of the Board’s approval of the discontinuance; and
be it further
September 3, 2008
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RESOLVED, That the Common Council, on behalf of the City of Ithaca, hereby approves the
proposed Contractual Agreement Between Cornell University and the City of Ithaca Concerning
a Portion of University Avenue (dated August 19, 2008); and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is authorized
and directed to execute said Contractual Agreement, either in the form of the proposed version
dated August 19, 2008, or in a form that is substantively and essentially the same but has been
altered as may be necessary to accommodate corrections, clarifications and/or minor
modifications, provided that no such changes are any less protective of the City’s interests than
the afore-mentioned version; and be it further
RESOLVED, That the Mayor, also upon the advice of the City Attorney and subject to the prior
certification described below, be and hereby is further authorized to execute any and all
documents that are necessary for the implementation of the terms of said Contractual
Agreement, including but not limited to the quitclaim deed and other papers required for the
conveyance, by the City of Ithaca to Cornell University, of any property interest of the City
remaining in or to the discontinued portion of University Avenue, after said discontinuance; and
be it further
RESOLVED, That, prior to any such conveyance, the Mayor be and hereby is authorized and
directed to determine and certify whether the conditions of discontinuance imposed by the
Board of Public Works in its resolution of August 13, 2008, have been fulfilled, which
determination and certification (if granted) shall be timely reported by the Mayor, in writing, to
the Board of Public Works and the Common
Council, with copies provided to Cornell University and to the City Clerk, for filing.
Alderperson Rosario explained that in the past he has abstained from voting on this issue due to
a perceived conflict of interest based on his employment with Cornell University’s Division of
Alumni Affairs. However, as the contract does not relieve Cornell of its obligation to implement
the University Avenue project even if it does not proceed with other adjacent building projects,
he believes that perceived conflict no longer exists and he will vote on this Resolution.
Alderperson Tomlan noted that most of the roads on and through campus have their origins in
the historical development of the campus. In spite of the implications of the name “University
Avenue” this road is different, it pre-dated the founding of the university when it provided a route
from the Village of Ithaca to points northeastward such as Free Hollow now known as Forest
Home. This long history makes the road of particular significance and she regrets to see the
city interests given up through this action. An additional concern includes the area of the
campus between the gorges that would result in very little of the circulatory system being public
roads. With all of this said, she voiced her appreciation for the thoroughness of the work
conducted by Cornell Counsel Shirley Egan and City Attorney Daniel Hoffman.
Alderperson Tomlan further noted that it’s been repeatedly stated that this action is unrelated to
Milstein Hall and she has been careful in avoiding consideration and comment that would link
the two. However, in looking at the current draft environmental impact statement (DEIS) for
Milstein Hall, it recognizes the early link between city interest in the University Avenue right-of-
way and the design of Milstein Hall, indicating that questions arising from that city interest led
from the column design for Milstein to the cantilevered design even though the columned
scheme would cost “substantially less”. However, because the DEIS spells out the advantages
of the cantilevered scheme in spite of additional costs and technical challenges, she hopes that
the university interest in the road, whatever the construction estimates are, would continue as
stated here and remain separate from decisions regarding Milstein Hall.
Alderperson Schuler stated that she concurs with Alderperson Tomlan’s comments. She
questioned the agreement boundaries noting that it’s a portion of the road versus to the corner,
so the City will then be maintaining the rest of the road up to that space. She further stated that
she believes that the City should retain ownership of the road but Cornell should pay for the
reconstruction costs as part of being a good neighbor. She pointed out the different
construction time periods when the road is scheduled to be closed per the DEIS, and noted that
she could not support this Resolution.
Mayor Peterson stated that this item has been on her desk for 4 ½ years, under former City
Attorney Luster . Before her administration, the issue was discussed by Mayors Alan Cohen
and John Gutenberger dating back to the 1980’s. This issue has been a topic of discussion for
a long time before Milstein Hall was even conceptualized. She further recognized the work of
Board of Public Works Commissioner Raymond Schlather, who consistently opposed this action
but dedicated the time needed to strengthen the agreement in favor of the City of Ithaca.
September 3, 2008
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A Vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Rosario, Zumoff, Myrick, Cogan, Korherr
Nays (2) Schuler, Tomlan
Abstentions (0)
Carried
Proposed (as of August 19, 2008)
NOTE: Exhibit D does not yet exist.
Contractual Agreement between Cornell University and City of Ithaca Concerning a
Portion of University Avenue
THIS AGREEMENT, made this ____ day of ______________, 2008, by and between
the City of Ithaca, a New York municipal corporation, with offices at City Hall, 108 East Green
Street, Ithaca, New York, 14850 (hereinafter the “City”) and Cornell University, a New York
education corporation, with offices at 317 Day Hall, East Avenue, Cornell University, Ithaca,
New York, 14853 (hereinafter “Cornell”),
WITNESSETH THAT:
WHEREAS, the parties entered into a certain Memorandum of Understanding Between
the City of Ithaca and Cornell University Regarding A Portion of University Avenue (hereinafter
the “MOU”) on May 21, 2008, a copy of which is attached hereto as Exhibit A for reference; and
WHEREAS, as more fully set forth in the MOU, for many years the parties have
discussed the legal status and physical condition of a certain portion of University Avenue in the
City of Ithaca (which portion is located between the intersection of
University Avenue with Thurston Avenue/East Avenue/Forest Home Drive and its intersection
with the easterly boundary of the property of the Chi Psi fraternity, and which is more fully
shown or described in the map attached as Exhibit B hereto) that runs through the campus and
property of Cornell (hereinafter the “Portion” or “Portion of University Avenue”), culminating with
an offer by Cornell to assume sole responsibility for its rebuilding and on-going maintenance
and to keep it open permanently to members of the public for purposes of travel, in exchange
for the City’s discontinuance of the Portion as a City street and conveyance of the City’s
remaining property interest therein, if any, to Cornell; and
WHEREAS, the Common Council, acting as Lead Agency, has complied with the
requirements of the City’s Environmental Quality Review Ordinance (section 176-1, et seq.) and
the New York State Environmental Quality Review Act and regulations, with respect to the
afore-mentioned proposed discontinuance and conveyance, and execution of this Agreement;
and
WHEREAS, pursuant to the authority granted by the Charter of the City of Ithaca (in
Section C-71) to “lay out, alter, discontinue, regulate, straighten, widen, pave, curb, clean and
sprinkle the streets, highways, bridges and crosswalks,” which is consistent with the authority
granted to cities “to lay out, establish, construct, maintain, operate, alter and discontinue
streets,” as set forth in New York’s General City Law, Section 20(7), the City’s Board of Public
Works (“BPW”), following a duly-noticed public hearing (conducted on June 23, 2008) and
solicitation of comment from the City’s Planning and Development Board, did on August 13,
2008, by Resolution entitled, “Conditional Discontinuance of a Portion of University Avenue as a
City Street” (a copy of which resolution, as certified by the City Clerk, is attached hereto as
Exhibit C for reference), vote to discontinue the Portion of University Avenue as a City street;
and
WHEREAS, the Common Council of the City did on September ___, 2008, by Resolution
entitled, “Assent to the Conditional Discontinuation of a Portion of University Avenue as a City
Street, Approval of the Conveyance of Any City Property Rights Therein to Cornell University
and Approval of a Proposed Contractual Agreement Between the City and Cornell University” (a
copy of which resolution, as certified by the City Clerk, is attached hereto at Exhibit D for
reference), signify its review of and assent to the said resolution by the BPW to discontinue the
Portion of University Avenue, and authorized the Mayor to execute a quitclaim or other deed to
Cornell, of the City’s property rights remaining after discontinuance (reserving nonetheless a
right-of-way for present and possible future, City-owned utilities, as described below), and to
enter into this Contractual Agreement on behalf of the City; and
WHEREAS, the parties acknowledge and agree that it is in the interest of the public
health, safety and welfare to have the Portion of University Avenue reconstructed and repaired
together with the addition of certain amenities hereinafter described, to have it maintained
henceforth at private expense, to have it continue as an important link in the community’s
transportation network in much the same way that many other private roads on the Cornell
September 3, 2008
9
campus add links to the network, but even more so as provided by this agreement, and to
secure for members of the public the permanent ability generally to use it for unrestricted travel
purposes;
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the parties
hereby agree as follows:
1. The City agrees to convey to Cornell all of the City’s property interests, of
whatever nature and type, in and to the discontinued Portion of University Avenue, by quitclaim
or other deed, nonetheless reserving to the City, in writing: (a) a permanent
right-of-way for all the City’s existing underground utilities associated therewith, together with
the right to maintain, repair, upgrade or replace such utilities at the City’s sole cost, and
reasonably to add additional underground public utilities in the future (as well as above-ground
City utilities that involve a future, new technology that is then in use in an above-ground form
along other Cornell streets), with the same right to maintain, repair, and upgrade them; and (b) a
right of reverter to the City (or a successor municipality if the City of Ithaca should no longer
exist) of all City rights in University Avenue conveyed pursuant to this Agreement, without cost
to the City, in the event that Cornell (or a successor institution of higher learning) ceases to exist
at Cornell’s present campus in
the City of Ithaca. The conveyance, by quitclaim deed, shall be executed, together with
associated documents required for filing purposes or to comply with the provisions of this
Agreement, within 90 days of the execution of this Agreement, and recorded (by Cornell) in the
Office of the Tompkins County Clerk. The parties acknowledge that the conveyance is made for
no consideration other than the contractual obligations assumed hereunder by Cornell.
2. Cornell, at its sole cost, agrees to design and implement the comprehensive
stabilization, reconstruction and repair of the Portion of University Avenue (the “Project”), as a
two-way street with the parameters described in Paragraph 5, below, and to standards at least
as high as those met by other, typical Cornell-owned streets on its campus that serve a similar,
average daily traffic demand (approximately 8,000 vehicles per day as of 2001). At Cornell’s
sole cost, Cornell shall relocate any City-owned underground utilities in the rebuilt Portion of
University Avenue, which reasonably must be relocated as a result of such rebuilding (or any
future repair or rebuilding). Cornell shall provide plans and specifications for such relocation to
the City Engineer in advance, for review and approval, which approval shall not be
unreasonably withheld or delayed. Cornell shall allow the City, if it so elects, to upgrade such
utilities or to add new, underground utilities, at the City’s own expense, at the time of the
Project. The parties agree to share plans and information so that any such repairs or upgrades
by the City may be coordinated, and the work of both parties completed, in a cooperative,
efficient and timely manner.
3. Cornell shall complete implementation of the Project on or before December 1,
2013, subject to the following:
(a) If Cornell has made timely and diligent application for necessary approvals of the
Project, and such approvals are not issued so as to allow for commencement of the Project by
June 1, 2013, then, upon Cornell’s written notification to the City of such delay, the time for
completion shall be extended by the duration of the delay in such issuance beyond June 1,
2013; and
(b) The timely completion of currently-planned Cornell building projects adjacent to
the Project area (to wit, Milstein Hall, the Central Avenue Parking Garage, and the addition to
the Johnson Art Museum), provided the approval of such projects and their completion have
been diligently pursued by Cornell; however, nothing herein shall be construed as relieving
Cornell of its obligation to implement the University Avenue Project, if it does not proceed with
any or all of the afore-mentioned building projects.
In the event that Cornell encounters delays in its ability to complete the Project, due to
circumstances unforeseen and beyond Cornell’s reasonable control, it may request an
extension from the City, which request shall not be unreasonably denied. In the event that, prior
to commencement of the afore-mentioned road reconstruction, the Portion of University Avenue
requires temporary repairs or maintenance (including but not limited to patching holes or other
defects in the pavement), in order to ensure reasonable public safety or to maintain general
consistency with the standards applicable to and in use for other Cornell-owned streets on its
campus that are subject to similar traffic demands, then in that case Cornell shall undertake
such temporary repairs or maintenance in a timely fashion and at Cornell’s sole cost.
4. Cornell shall comply with all applicable legal requirements with respect to the
design and implementation of the Project, including but not limited to obtaining approval
pursuant to the City’s Site Plan Review Ordinance. Cornell shall meet the design requirements
of the Americans With Disabilities Act (ADA). The parties recognize that the Cornell campus as
a whole is subject to the ADA and that Cornell maintains a large ADA-compliant network that
facilitates accessibility and campus compliance when unavoidable steep grades and other site
constraints are present at individual locations. The implemented design of the reconstructed
September 3, 2008
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Portion of University Avenue shall contain the following, and meet the following minimum
specifications:
a two lanes (one in each direction) for motorized vehicular travel, each at least 10
feet wide, with a combined total (minimum) width of 22 feet;
b. uphill bicycle lane 5 feet wide (minimum);
c. curbs on both sides of paved travel lanes (approximate total width of 1
foot);
d. sidewalk (minimum) 6 feet wide on the north/northwest side of the street;
e. unimpeded height of at least 15’-0” for the travel corridor;
f. street lighting similar to other street lighting on the Cornell campus for
locations with similar needs and usage, and including appropriate lighting
to maintain a safe, ambient level of light and visibility for any part of the
street that is located beneath a building;
g. an associated bus shelter, which Cornell agrees to allow Tompkins Area
Consolidated Transit (TCAT) to maintain in the vicinity for as long as
TCAT (or its successor) wants to so maintain it; and
h. curb lawn and snow storage area, where feasible (see below).
It is agreed that Cornell shall not be required to move the north/northwest line of the sidewalk
any further north/northwest than its present location, or the northern edge of the proposed
Central Avenue Parking Garage any further south than its currently proposed location, provided
that the foregoing minimum specifications are met. The parties recognize that a curb lawn
between the sidewalk and the west-bound travel lane, as well as snow storage areas, are
desirable but will probably be difficult to accommodate because of site conditions. The parties
acknowledge that a higher priority for available space and resources should be placed on an
uphill bicycle lane than on a curb lawn or snow storage area. The parties also acknowledge
that the site is extremely limited by steep topography (particularly to the north), the adjacent Fall
Creek Gorge (including Fall Creek’s designation as a Recreational River), and Cornell’s pre-
existing and planned land uses in the vicinity. The specifications set forth in this Paragraph are
not intended to infringe upon the authority of the Planning and Development Board of the City of
Ithaca to carry out its responsibilities pursuant to the Site Plan Review Ordinance of the City
Code, or to constrain any required environmental review of the proposed road reconstruction
(once the scope and details of such reconstruction are known).
6. Cornell agrees that it will maintain the Portion of University Avenue and its
associated sidewalk, curbs, and lighting, to standards at least as high as those for other, typical
Cornell-owned streets and sidewalks on campus with similar traffic demands.
7. The parties agree that nothing herein shall preclude the City from requesting (or
Cornell from implementing, at the City’s request or on Cornell’s own initiative or in cooperation
with the City) the installation of trolley tracks or other infrastructure for fixed-rail transport within
the minimum dimensions of the parameters of the public travel corridor as defined in Paragraph
5 of this Agreement, provided that such tracks or other infrastructure do not prevent the safe
use of the street by private, motorized vehicles, bicycles and pedestrians. Such a request by
the City shall be duly considered by Cornell on its merits and in good faith. It is acknowledged
that responsibility for the cost of, and assumption of liability for, or indemnification regarding,
any such improvement will need to be determined by the parties at a future date.
8. Cornell agrees that it will retain the name “University Avenue” for the Portion of
University Avenue.
9. Cornell agrees that it will permanently allow the public to use the Portion of
University Avenue for generally unrestricted travel purposes, and to keep the Portion generally
open for street purposes, except as provided for hereafter. Upon appropriate prior notice
(except in the case of an emergency or other short-term exigency when it is not feasible to give
advance notice) and with provisions for reasonable emergency vehicle access (which may be
suitable alternative access), Cornell may close the Portion of University Avenue temporarily
(i) as required for adjacent construction, or for street repairs or reconstruction;
(ii) for special campus events, which events shall be limited to no more than 4
days in any calendar year; and
(iii) in the event of an emergency or other, short-term exigency.
Cornell agrees to take reasonable steps to minimize the time period of any complete closure
and to arrange for and coordinate emergency vehicle access during any such closure. In the
event of a non-emergency closure lasting more than one week, Cornell shall coordinate with the
Ithaca Fire Department and arrange for a mutually agreed-
upon, reasonable detour, and in addition shall ensure that East Avenue, at least between Tower
Road and the Thurston Avenue bridge, is open (and designated) as part of a two-way detour for
public use, during any non-emergency closure lasting more than one week.
10. Cornell shall be responsible for the establishment of traffic controls over the
Portion of University Avenue, consistent with the same authority and requirements that Cornell
is subject to for the establishment of controls over other campus roads, except that in any case
September 3, 2008
11
such controls for University Avenue shall not include access-control gates or other such barriers
to the normal flow of traffic. Any in-road devices intended to slow traffic (for example, “speed
humps”) shall be compatible with the safe passage of long-wheel-base vehicles (such as fire
trucks and buses) and shall be implemented in consultation with the Ithaca Fire Department and
the municipal transit authority.
11. The parties agree that this agreement may be recorded by either party in the
Office of the Tompkins County Clerk.
12. The parties agree that it is in their mutual interests to avoid misunderstandings or
failures of communication regarding compliance with the terms of this Contractual Agreement.
If one party believes that there is a substantive disagreement or difference of opinion or
interpretation, or potential substantive disagreement or difference (the “Matter”), that is not
being addressed through the normal channels of communication between the parties, then that
party agrees to send a written notice (if to the City to the office of the Mayor, if to Cornell to the
Office of the Executive Vice President), outlining the nature of the Matter and certifying that the
party believes it to be substantive and within the terms of this Agreement. In the event that said
disagreement pertains to a minor or operation-related aspect of this agreement, the parties
agree to use the dispute resolution procedure described hereafter. If the disagreement instead
concerns an essential term or condition of the parties’ agreement (such as the obligation to
reconstruct the road or to keep it open for generally unrestricted public travel), either party may
elect to waive the arbitration procedure described above at any time and to bring an action in a
court of law with appropriate jurisdiction. Unless so waived, the dispute resolution procedure
shall proceed as follows. Within forty-five days of the submission of the afore-mentioned notice
of disagreement, the parties’ representatives (not necessarily the officers to whom notice was
sent) shall meet to discuss the Matter together and make a good faith effort to resolve it, or, if
the Matter is such that it cannot be resolved by one meeting, then the parties agree to meet
again in a timely fashion, at least one additional time, to try to resolve it. If either party is not
satisfied with the outcome of such efforts, then after not less than 150 days, but not more than
240 days, the party may apply for resolution of the Matter to the American Arbitration
Association (“AAA”) by a single arbitrator. Each party shall bear the costs of its own
representation but the party that loses the arbitration shall bear the cost of the AAA fees and
expenses. The parties hereby agree that, during the pendency of any attempted discussion or
arbitration of any such disagreement, they will each refrain from commencing or continuing to
effect any physical change that would adversely affect the capacity of the Portion of University
Avenue to function as a street open for travel by members of the public consistent with the
minimum specifications set forth in Paragraph 5, above, and that in the event of either party’s
alleged failure to so refrain, nothing herein shall be construed to prohibit either party from
seeking temporary or injunctive relief as necessary from a court of competent jurisdiction.
13. Mutual indemnification:
(a) Except as otherwise provided for herein, the City agrees to indemnify and hold
Cornell harmless, with regard to any claims, actions or lawsuits made or brought (including
Cornell’s reasonable defense costs related thereto), or any judgments or damages awarded
(collectively, “claim” or “claims”) against Cornell for liability for negligence during the time the
Portion of University Avenue is or was owned or controlled by, or under the jurisdiction of, the
City (i.e., prior to the conveyance called for in numbered Paragraph 1 of this Agreement),
provided that timely notice of any such claim, reasonable opportunity for the City to control the
defense against the claim, and the cooperation of Cornell in such defense, are given. Such
indemnification and holding
harmless shall not affect Cornell’s liability for any negligence on its part with regard to the
maintenance of the sidewalk associated with the Portion of University Avenue.
(b) Cornell agrees to indemnify and hold the City harmless with regard to any claims,
actions or lawsuits made or brought (including the City’s reasonable defense costs related
thereto), or any judgments or damages awarded (collectively, “claim” or “claims”) against the
City for liability for negligence during the time the Portion of University Avenue is owned or
controlled by, or under the jurisdiction of, Cornell (i.e., following the conveyance called for in
numbered Paragraph 1 of this Agreement), provided that timely notice of any such claim,
reasonable opportunity for Cornell to control the defense against the claim, and the cooperation
of the City in such defense, are given. Such indemnification and holding harmless shall not
affect the City’s liability for any negligence on its part with regard to the maintenance, repair,
upgrade or replacement of its existing underground public utilities or any future, above-ground,
City utilities as referred to in numbered Paragraph 1 above.
14. This agreement shall be binding upon, and the rights provided for hereunder shall
inure to the benefit of the parties and their successors.
15. If any provision or part of a provision of this Agreement is found to be illegal or
unenforceable or void or contrary to public policy, the parties agree to sever the illegal or
unenforceable or void or contrary to public policy portion and amend the Agreement to preserve
the meaning and intent of the Agreement in harmony with the balance of the Agreement, without
materially changing the substantive (including financial) obligations and rights of, or exchange of
consideration by, either party, without its express written consent. Notwithstanding the
foregoing provisions of this Paragraph, the parties agree individually and collectively to defend
vigorously this Agreement and the actions authorizing their respective executions of it, against
September 3, 2008
12
suits, proceedings (including under Article 78 of the NY Civil Procedure Law and Rules), or
other challenges.
16. This Agreement constitutes the entire agreement between the parties as to the
issues set forth herein, and prior agreements, negotiations, letters, and other communications
concerning the Portion of University Avenue are superseded and merged into this agreement.
SIGNED by the respective parties the day and year indicated below:
11.2 An Ordinance Establishing the City of Ithaca Youth Council and the Youth Council
Advisory Board
By Alderperson Clairborne: Seconded by Alderperson Myrick
WHEREAS, in 2006, a group of community youth appeared before the Community and
Neighborhood Services Committee of Common Council and called for effective advocacy of
their needs in the Ithaca area, and
WHEREAS, their message encompassed both compliments and complaints regarding the
Ithaca City School District, the Ithaca business community, and services provided to youth via
the City’s youth services departments, and
WHEREAS, their voices became the catalyst for re-instituting a representative body of and for
local youth, and
WHEREAS, various and intermittent iterations of a youth council date back locally to 1948 and
have spurred the creation of services and highlights including the Ithaca Youth Bureau, Youth
Employment Service program, and Hangar Theatre, as well as liaison positions for youth with
local governmental bodies, and
WHEREAS, youth councils have been a successful model for developing civic leaders in the
community, and alumni from previous youth councils in Ithaca include a former City of Ithaca
mayor, the current Acting Director of Planning & Development, Ithaca City School District Board
of Education members, and well-respected teachers, emergency service providers, and other
members of the community; now therefore
ORDINANCE 2008 –
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
SECTION 1.
The City of Ithaca Municipal Code is hereby amended by adding a new Chapter 120, entitled
City of Ithaca “Youth Council,” to read as follows:
City of Ithaca Youth Council
§ 120-1. Creation.
In recognition of the history of youth councils in the Ithaca community, the Common Council of
the City of Ithaca hereby creates an entity that shall be known as the City of Ithaca “Youth
Council," hereinafter also referred to as the "Youth Council," in accordance with the following
conditions.
§ 120-2. Purposes and duties.
The purposes and duties of the Youth Council shall be as follows:
A. To develop future leaders by providing the teen-age members opportunities to participate in
city governance and have an active role in addressing community issues.
B. To give a formal voice to the youth of the community. The Youth Council will provide
ongoing, two-way communication with policy makers, especially Common Council, so as to
better address youth and community issues. The Youth Council will develop mechanisms to
receive input regularly from other youth about their ideas and concerns.
C. To help provide a hands-on civic education to participating members through direct
experience with democratic processes and practical skill development.
D. To contribute to the community in a concrete way. The Youth Council will plan and execute
projects to improve conditions for teenagers.
E. To submit a written annual report on the membership and activities of the Youth Council, to
the Mayor and Common Council (and the City Clerk), and to report on a regular basis to the
Mayor.
September 3, 2008
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§ 120-3. Membership.
A. The Youth Council shall consist of ten (10) members, all of whom shall be voting members,
appointed by the Youth Council Advisory Board subject to the approval of the Common Council.
The appointing entities shall commit to assembling a diverse, multicultural and inclusive
membership of the Youth Council, with regard to the protected classes and other unique
characteristics that represent the needs of the entire community.
B. At least seven (7) members shall be residents from the City of Ithaca. The remaining three
(3) members shall be selected from within the municipalities comprising the Ithaca City School
District. The members of the Youth Council must be at least 16 years old and not past the 12th
grade (or the age of 19, if not enrolled in high school).
§ 120-4. Associates
The Youth Council Advisory Board may designate up to four (4) associates who are 14 or 15
years of age. Such associates shall be invited to attend and participate in Youth Council
meetings and events, but shall have no voting authority and may not hold office in the Youth
Council.
§ 120-5. Terms; vacancies.
A. Except as provided for in Subsection B, below, the members of the Youth Council shall be
appointed for terms of two (2) years or until the time of their high school graduation, if that
occurs first. A member who has reached the end of a two-year appointment while still in high
school may elect to extend his or her term by one additional year. Terms shall begin in
September (or, in the initial year of the Youth Council’s operation, as soon as is practical after
its establishment), except in the case of members appointed to fill vacancies. Vacancies shall
be filled in the same manner as the original appointment, except that a vacancy occurring other
than by the expiration of a term of office shall be filled only for the remainder of the unexpired
term.
B. Notwithstanding the above, the initial terms for members of the Youth Council shall be set at
one or two years such that staggered terms are established for subsequent appointments. The
appointing entities may make an appointment for a one-year term, as needed, in order to
maintain a balance of staggered terms.
§ 120-6. Officers.
A. At the start of each year the Youth Council shall select its officers, for the purpose of
providing general leadership, record-keeping and fiduciary oversight. The manner of such
selection, and the titles and specific responsibilities of the officers, shall be set forth in
operational rules adopted by the initial Youth Council and as amended from time to time as
needed by the Youth Council.
B. The lead officer of the Youth Council shall serve as liaison to Common Council and shall
have an opportunity to report at Common Council meetings.
C. The leadership of the Youth Council shall meet regularly with the Mayor at a time convenient
to all, with the goal of meeting not less than bimonthly.
§ 120-7. Youth Council Advisory Board.
A. A Youth Council Advisory Board is hereby established, to oversee the activities of the Youth
Council.
B. The Youth Council Advisory Board shall consist of up to 10 members, each of whom shall be
appointed for a term of three years (or for the remainder of the term in question when a vacancy
is being filled). Membership of the Advisory Board shall be composed of one staff member
appointed respectively by the directors of the Greater Ithaca Activities Center, the Ithaca Youth
Bureau, the Southside Community Center, and up to seven members appointed by the Mayor
and approved by Common Council, including at least one member of the standing committee of
Common Council responsible for working with the City’s youth services departments, members
selected from the local education and youth advocacy communities and representatives of
major funders of the Youth Council.
C. In addition to providing oversight, the Youth Council Advisory Board shall interview all
applicants for membership on the Youth Council and shall make recommendations as to their
appointment, on the basis of the candidates’ leadership potential and commitment to effective
service on the Council.
§ 120-8. Staff Support
A staff person from a City Youth Services Department shall act in consultation with the Youth
Council Advisory Board and under the direction and supervision of the City Department Head so
designated by the Mayor. The duties of this staff person with regard to the Youth Council shall
September 3, 2008
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be set forth in writing and kept up to date by the Department Head, and provided to the Mayor,
and a current version of such description shall be appended to the Annual Report required by
Section 120-2 herein.
§ 120-9. Meetings; records; annual report.
The Youth Council shall meet publicly at least monthly and adopt rules and procedures for its
meetings. The Youth Council shall keep accurate records of its meetings and activities and
shall prepare and submit an annual report as provided for in § 120-2 of this chapter.
SECTION 2. EFFECTIVE DATE
This Ordinance shall take effect immediately and in accordance with law upon publication of
notice as provided in the Ithaca City Charter.
Alderperson Myrick stated that he was delighted to see this legislation being presented.
Alderperson Clairborne stated that he was happy to see this legislation and noted that it had a
rocky start but many of the issues have been resolved.
Alderperson Rosario stated that he supports the ordinance but does not support the creation of
a position to support the Youth Council as he believes that the City isn’t able to do everything.
A Vote on the Ordinance resulted as follows:
Carried Unanimously
13. NEW BUSINESS:
13.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard
Cider Tasting and Sale of Bottled Wine and Hard Cider at the 2008 Apple Harvest Festival
on the Commons - Resolution
By Alderperson Zumoff: Seconded by Alderperson Myrick
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine and hard cider
tasting and sales as part of the 2008 Apple Harvest Festival; now, therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine and hard
cider tasting and sale of bottled wine and hard cider at booths during the Apple Harvest Festival
on the Ithaca Commons, September 26 through September 28, 2008, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all
applicable state and local laws and ordinances, and shall enter into an agreement providing that
it will hold the City harmless and indemnify the City on account of any claims made as the result
of the sale or tasting of wine and hard cider on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company
shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act
coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional
insured, and shall provide evidence of such insurance to the City Clerk prior to the event.
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Fire Department – Request to Extend City/Town Fire Memorandum of
Understanding (MOU)
By Alderperson Clairborne: Seconded by Alderperson Myrick
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 September 30, 2008, and
WHEREAS, both sides continues to negotiate a new contract but will not complete the process
prior to September 30, 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
January 1, 2009, unless a successor agreement is ratified by respective legislative bodies per
attached Memorandum of Understanding (MOU), and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to execute the MOU dated
September 3, 2008 for said contract extension.
Carried Unanimously
September 3, 2008
15
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, executed on September _____, 2008, sets forth
the understanding of the parties as follows:
A. On March 10, 2003, the City of Ithaca and Town of Ithaca entered into a renewed
fire protection contract, for the provision of fire and emergency medical services
for a portion of the Town of Ithaca; and
B. The fire protection contract entered into between the parties on March 10, 2003,
by its terms expired on December 31, 2007; and
C. The provisions of said contract will continue in force, at the 2007 payment level,
while negotiations on the terms and conditions of a new 5-year contract progress;
and
D. The terms and conditions of the contract entered into between the parties on
Match 10, 2003, shall be extended and continue in full force and effect through
January 1, 2009, unless the parties mutually agree to different terms prior to such
date; and
E. In addition to the foregoing, the Town of Ithaca will make payments to the City of
Ithaca, as described in section 5 of said agreement, as a portion of the total
share due under the terms of the fire protection agreement in 2007.
SO AGREED:
CITY OF ITHACA TOWN OF ITHACA
BOARD OF FIRE COMMISSIONERS
14.2 Possible Motion to Enter Into Executive Session to Discuss Proposed Acquisition
of Real Property – Resolution:
By Alderperson Dotson: Seconded by Alderperson Korherr
RESOLVED, That Common Council enter into Executive Session to discuss the proposed
acquisition of real property.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session with no formal action taken.
MAYOR’S APPOINTMENTS:
Mayor Peterson noted that there are many vacancies on various board and committees and
encouraged those interested in serving to submit an application to the City Clerk’s office for
consideration.
REPORT OF CITY CLERK:
City Clerk Holcomb reported that the City Clerk’s Office has been awarded a records
management grant from the New York State Archives and Records Administration in the
amount of $38,000 to digitize historical police blotters and felony case files.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that a complaint had been lodged with New York State Human
Rights Division by a police officer.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the August 6, 2008 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Korherr: Seconded by Alderperson Myrick
RESOLVED, That the minutes of the August 6, 2008 Regular Common Council meeting be
approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor