HomeMy WebLinkAboutMN-CC-2008-10-01
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. October 1, 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
Building Commissioner - Radke
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Mayor Peterson requested the addition of Item 11.1 – Motion to Enter into Executive
Session to Discuss Property Acquisition, and 11.2 - Privilege of the Floor Regarding the
2009 City Budget.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed October 25, 2008 as “Into the Streets” day in the City of
Ithaca.
SPECIAL ORDER OF BUSINESS:
4.1 Resolution to Open Public Hearing
By Alderperson Schuler: Seconded by Alderperson Myrick
RESOLVED, That the Public Hearing to consider extending the current temporary
moratorium on certain new construction within the Collegetown Parking Overlay Zone
for a period of up to six months be declared open.
Carried Unanimously (8-0)
Alderpersons Clairborne and Dotson arrived at 7:15 p.m.
Alderperson Tomlan explained the status of the Collegetown Urban Plan and Design
Guidelines.
Larry Roberts, Chair of the Disability Advisory Council, addressed Council in support of
the proposed extension of the moratorium. He noted that Planning Department staff
gave a presentation to the Disability Advisory Council on the plan and they are very
excited about the opportunities to improve pedestrian access and accessibility for
people with disabilities.
Anne Clavel, City of Ithaca, voiced her disappointment that the moratorium wouldn’t
include changes to the proposed plan and distributed her critique of the plan to
members of Council.
Joel Harlan, Town of Newfield, addressed Council regarding transportation and parking
issues in Collegetown.
October 1, 2008
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Resolution to Close Public Hearing
By Alderperson Tomlan: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to consider extending the current temporary
moratorium on certain new construction within the Collegetown Parking Overlay Zone
for a period of up to six months be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Ryan Lavin, President, Cornell University Student Assembly, addressed Council
regarding the relationship between students and city officials concerning the
enforcement of the Noise Ordinance. He urged Common Council to re-evaluate the
legislation, and invited Mayor Peterson and Acting Police Chief Vallely to a Student
Assembly meeting on October 16, 2008 to discuss the matter.
Janis Kelly, City of Ithaca, voiced her concerns regarding the proposed Sanctuary
Resolution as she feels it patronizes people serving in the military and is based on a
mis-reading of Article 6 of the Constitution. She further stated that she did not feel that
foreign policy was the job of City government.
The following people addressed Council in support of the Proposed Sanctuary
resolution:
Michael Pischel
Nevin Sabet
Alexis Alexander
Nate Lewis
Michael Blake
John Hamilton
Lena Posner
Joel Harlan
Mark Lenzenweger
Sally VanOrman, City of Ithaca, addressed Council regarding city taxes and the ability
of senior citizens to pay them. She voiced her support for the creation of a program that
would allow seniors to work off portions of their city tax bill to assist them financially.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles thanked the speakers for their comments and responded to the
comments made regarding senior citizen tax exemptions.
Alderperson Korherr thanked the speakers for their comments and responded to
comments made regarding the re-evaluation of the City’s Noise Ordinance and
enforcement concerns. She volunteered to work with Alderperson Clairborne to address
this issue through the Community & Organizational Issues Committee.
Alderperson Myrick thanked Mr. Lavin for coming to the meeting and speaking on behalf
of student concerns regarding the Noise Ordinance. He noted that it is important for
Council to receive input from students. He further announced that the Workers Center’s
Free Ithaca Initiative would be sponsoring an event on Thursday, October 9, 2008 at
6:00 p.m. All clothing and garments that are purchased are from companies engaged in
healthful work environments.
Alderperson Tomlan responded to comments made about the Noise Ordinance and
explained that she would be happy to bring people together to work on the concerns
expressed by both students and residents. She further responded to comments made
about city tax relief for senior citizens.
Alderperson Rosario thanked the speakers for their comments, especially Ms.
VanOrman. He stated that her comments provided a reality check knowing that people
are at risk of losing their homes and are willing to work for breaks in their tax bills. He
volunteered to work with Alderperson Coles on this initiative.
October 1, 2008
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Mayor’s 2009 Budget Recommendation:
Mayor Peterson presented her 2009 recommended budget to members of Common
Council. She thanked the City Controller for his hard work on the budget and
Department Heads for submitting realistic budget requests. She explained that the
proposed 2009 budget includes a proposed 3.82% increase in the tax levy and a 13.4%
reduction in the tax rate. She noted that she did not include any new positions in the
2009 budget as the results from the CSEA Classification study indicate that $1.6 million
is required to bring current staff up to market salaries. Mayor Peterson stated that it is
still unclear what actions the State may take regarding aid to cities given the status of
the current economy. For this reason, new requests for funding were not included in the
proposed budget. She reviewed the proposed capital project budget, and the city’s debt
limits.
City Controller Thayer thanked the Mayor, Department Heads, and his staff for their
hard work on preparing the proposed budget. He noted that the first budget meeting is
scheduled for Monday, October 6, 2008 from 5:00 p.m. to 9:00 p.m.
Alderperson Clairborne questioned whether new positions that were funded in 2008
were included in the 2009 budget and the Mayor responded that they were not.
Alderperson Rosario expressed concern about positions that were funded for one year
but not carried over into the next year and noted that it is not a good human resource
practice.
CONSENT AGENDA ITEMS:
There were no Consent items submitted for the agenda.
COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE:
9.1 Community of Sanctuary - Resolution
By Alderperson Clairborne: Seconded by Alderperson Coles
WHEREAS, according to former U.S. Attorney General Ramsey Clark, the Bush
Administration’s War on Iraq is in violation of the Nuremberg Charter and the decisions
of the United Nations; and
WHEREAS, Chapter 1, Article 2 of the UN Charter states:
3. All Members shall settle their international disputes by peaceful means in
such a manner that international peace and security, and justice, are not
endangered.
4. All Members shall refrain in their international relations from the threat or use
of force against the territorial integrity or political independence of any state, or in
any other manner inconsistent with the Purposes of the United Nations, and
WHEREAS, according to Article VI, Section 2 of the United States Constitution these
international treaties are part of the "Supreme Law of the Land” to which the Judges in
every state shall be bound”; and
WHEREAS, Ithacans and others face serious challenges regarding the environment,
the economy, energy, food and water that could be met more fully by consistently
strengthening these international agreements; and
WHEREAS, the people of the City of Ithaca, and the Mayor and the Common Council of
the City of Ithaca acting as their elected representatives, have an interest in upholding
the U.S. Constitution for the purposes of preserving peace and democracy at both the
local and national level; and
WHEREAS, Army statistics show that an alarming and increasing number of U.S.
military personnel are returning from sometimes multiple tours of duty in Iraq or
Afghanistan with debilitating psychological disturbances especially Post-Traumatic
Stress Disorder due to the abhorrent things they might have seen and might have been
required to do in the course of their ordinary military duties; and
WHEREAS, these wars have had and continue to have a detrimental impact on our
families, communities and our nation; and
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WHEREAS, an inspiring and growing number of military personnel and veterans have
come to recognize that they have a moral obligation to voice their opposition to these
conflicts, and are currently organizing through educational efforts, in the great tradition
of democracy, civil rights, and human rights, to end these wars; and
WHEREAS, the citizens of the City of Ithaca are cognizant of and deplore the fact that
military personnel regardless of their views of the current wars have suffered beyond
the pain and suffering directly related to their own involvement in the wars, that this
suffering has been extensive, that a good deal of this suffering could and should have
been prevented; and
WHEREAS, many military personnel and veterans in addition to hardships that are
directly war related also often face limited financial resources and limited access to
healthcare; and
WHEREAS, various healers are planning to provide their skills to aid in the healing and
recovery of soldiers and veterans, now, therefore, be it
RESOLVED, That the Mayor and the Common Council of the City of Ithaca publicly
proclaim Ithaca to be a “Community of Sanctuary” thus respecting the rights of its
residents to support lawfully and proactively military personnel and veterans who are
organizing to stop the wars in and occupations of Iraq and Afghanistan and all future
violations of the United Nations Nuremberg Charters; and, be it further
RESOLVED, That the Mayor and the Common Council of the City of Ithaca have and
will continue to respect the rights of all people within the City of Ithaca who are working
to build peaceful, democratic communities at home and around the world; and be it
RESOLVED, That all other City Officials and all City Employees, as is customary, shall,
to the extent permitted by law, respect and not interfere with the lawful activities of
military personnel, veterans, and all others who are opposed to the immoral wars in and
occupations of Iraq and Afghanistan and all other violations of the United Nations and
Nuremberg Charters; and be it further
RESOLVED, That copies of this resolution be sent to Senators Hillary Clinton and
Charles Schumer; to Legislators Barbara Lifton and George Winner and to
Congressman Maurice Hinchey.
ADDENDUM A:
Violations of International Law
Synopsis: Bush attacked Iraq, against the decisions of the United Nations, and thus
violated the UN Charter. Planning and committing a war of aggression is a violation of
the Nuremberg Charter. According to the US Constitution these international treaties
are part of the "Supreme Law of the Land." This proves the illegality of the Iraq War.
UN & Nuremberg Charters part of "the supreme Law of the Land"
Article VI of the US Constitution states that:
"This Constitution, and the Laws of the United States which shall be made in Pursuance
thereof; and all Treaties made, or which shall be made, under the Authority of the
United States, shall be the supreme Law of the Land;”
Because Bush violated International Laws that we agreed to by treaty, then he is also
violating the supreme Law of the Land which is an impeachable offense. Note that it
says "or which shall be made" so treaties signed after the Constitution was adopted are
still covered.
Violation of The United Nations Charter
Chapter 1, Article 2 of the UN Charter states:
3. All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
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4. All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the United Nations.
Bush lied to the UN and to Congress about the seriousness of the threat from Iraq, and
invaded Iraq in defiance of a vote from the UN Security Council. His actions inflamed
the Arab world and set a dangerous precedent for any other country that wants to defy
the UN and start their own war.
Violation of the Nuremberg Charter
Principle Vl of the Nuremberg Charter states:
The crimes hereinafter set out are punishable as crimes under; international law:
a. Crimes against peace:
i. Planning, preparation, initiation or waging of a war of aggression or
a war in violation of international treaties, agreements or assurances;
ii. Participation in a common plan or conspiracy for the accomplishment
of any of the acts mentioned under (i).
The Bush Administration invaded a sovereign country that had not threatened the
United States and had no ability to do so. The Administration had been making plans to
invade Iraq even before 9/11.
Violation of the Torture Laws
The evidence below shows that Bush, Cheney, Rumsfeld and Gonzales are guilty of
violating "Federal Torture Act" Title 18 United States Code, Section 113C, the UN
Torture Convention and the Geneva Convention by ordering and condoning the use of
torture. Many prisoners have died as a result. Also, false information provided under
torture was used to help justify the Iraq War with disastrous consequences.
From: www.impeachbush.tv
Alderperson Coles noted that she was touched by the soldiers who spoke tonight. She
shared the following costs of human life to date from the war in Iraq:
Iraqi casualties – between 86,870 and 1 million
US Military casualties – 4,176
US Military wounded soldiers – 30,634
She further stated that some of the serious wounds incurred by the US soldiers have
not been properly treated, and that the soldiers and veterans deserve everyone’s
support.
Alderperson Korherr stated that she was uncomfortable with some of the language in
the Resolution and proposed the following amendment:
Amending Resolution:
By Alderperson Korherr: Seconded by Alderperson Schuler
RESOLVED, That the 9th Whereas Clause be amended to read as follows:
“WHEREAS, the citizens of the City of Ithaca are cognizant of and deplore the fact that
military personnel have suffered, that this suffering has been extensive, that a good deal
of this suffering could and should have been prevented; and
Carried Unanimously
Alderperson Rosario thanked Janis Kelly and the veterans who spoke. He noted that it
took courage for Ms. Kelly to make those comments when the majority of the people in
the room support a different view. He stated that he would feel more comfortable if the
Resolution reflected that it is a re-affirmation of the First Amendment which ensures the
rights of all people to free speech.
Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Schuler
RESOLVED, That an additional Resolved clause be added as the fifth Resolved clause
to read as follows:
October 1, 2008
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“RESOLVED, That this Resolution be a reaffirmation of our commitment to the First
Amendment, which ensures the rights of the people to freedom of expression and to
peaceably assemble; that we are especially cognizant of the importance of protecting
this right for the minority opinion, which may or may not be in agreement with
sentiments expressed in this Resolution.”
Alderperson Zumoff stated that he was not clear about the intention of the language and
suggested that the words “which may or may not be in agreement with sentiments
expressed in this resolution” be removed from the amendment.
Alderperson Tomlan noted that she appreciated Alderperson Rosario’s comments but
was concerned about the language regarding minority vs. majority opinion when
considered in the broader context of the community.
Alderperson Cogan stated that he appreciated Alderperson Rosario’s persistence but
noted that he will not be able to support the amendment as he was not sure that the
additional language was necessary.
Amendment to the Amending Resolution
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That the proposed additional Resolved clause in the Amending Resolution
be amended to read as follows:
“RESOLVED, That this resolution be a reaffirmation of our commitment to the First
Amendment which ensures the rights of the people to freedom of expression and to
peaceably assemble.”
A vote on the Amendment to the Amending Resolution resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Zumoff, Tomlan, Myrick, Korherr,
Cogan
Nays (2) Rosario, Schuler
Carried
A vote on the Amending Resolution as Amended resulted as follows:
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend §325-27 of the City of Ithaca Municipal Code
(Chapter 325 entitled “Zoning”) entitled “Temporary Moratorium” to Provide for a
Six-Month Extension
By Alderperson Tomlan: Seconded by Alderperson Schuler
WHEREAS, with the endorsement of the Collegetown Vision Statement on June 6,
2007, the Common Council established the Collegetown Vision Implementation
Committee (“CVIC”) and charged it with the prioritization of the recommendations of the
vision statement, and the CVIC determined that the preparation of an urban plan and
design guidelines was the highest priority recommendation, and
WHEREAS, the purpose and intent of the original moratorium on certain new
construction in Collegetown was “to stabilize, temporarily, existing conditions of use,
occupancy and form in the face of continued development pressure, in order to adopt
an urban plan and design guidelines for the Collegetown area, and to draft and enact
revised zoning and related regulations, as needed, in order to implement the plan,” and
WHEREAS, the City and Cornell University have made a significant financial and staff
time investment in the development of a proposed Collegetown urban plan and
proposed zoning amendments and design guidelines, over the past year, and
WHEREAS, in the ten-and-a-half months since the moratorium was enacted (taking
effect as of October 12, 2007), the Collegetown Vision Implementation Committee
(“CVIC”) has worked diligently toward completion of a proposed urban plan and design
October 1, 2008
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guidelines, including the selection of Goody Clancy of Boston, MA as the project
consultant and the review of the consultant’s plan drafts, and
WHEREAS, the City has also procured the services of Code Studio of Austin TX to
draft a proposal for a “hybrid” zoning approach (combining elements of form-based and
traditional zoning), pursuant to the Common Council directive, and
WHEREAS, the project has had an extensive public process including consultant
meetings with the CVIC, exploratory meetings in early February between the
consultants and a variety of interest groups, a well attended three day community
design workshop in early March, public meetings with the Collegetown Neighborhood
Council, Bryant Park Civic Association and other stakeholder groups, such as
Collegetown property owners, student groups and persons representing Cornell
University, and presentations to the City’s Board of Public Works and the Planning and
Economic Development Committee of the Common Council, and
WHEREAS, Goody Clancy has produced four drafts of the proposed urban plan and
design guidelines, the latest draft dated June 14, 2008, and
WHEREAS, the proposed urban plan and design guidelines present a wide range of
ideas, all of which have required time for review and consideration, and
WHEREAS, having the diverse constituencies of Collegetown represented on the CVIC
has required additional time to air and address competing interests, and, since the
release of the mid-June draft, the CVIC has made a good faith effort to reach broad
agreement on the future direction of Collegetown, and
WHEREAS, it is expected that a final draft of the proposed urban plan and design
guidelines will be accepted by the CVIC and presented to the Common Council by mid-
October, and
WHEREAS, an expiration of the moratorium without the adoption of the urban plan and
design guidelines, and the enactment of related legislation, could permanently eliminate
opportunities to have a meaningful impact on the architectural form of new development
or the creation of a sustainable transportation system that could ultimately reduce the
number of cars in Collegetown, and
WHEREAS, the Common Council recognizes the need to preserve opportunities
afforded by the urban plan and design guidelines and the accompanying zoning
regulations, and to protect existing investments in Collegetown, and
WHEREAS, a six-month extension of the moratorium will enable the full consideration
of the proposed urban plan and design guidelines and the enactment of legislation
necessary to realize the vision for Collegetown; now, therefore,
ORDINANCE NO. 08-_____
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the current temporary moratorium on certain new construction within the Collegetown
Parking Overlay Zone be extended for an additional six months (i.e., until April 12,
2009), as follows:
Section 1. Chapter 325, Section 325-27 (“Temporary Moratorium”), Subsection A
(“Purpose and Intent”), of the City of Ithaca Municipal Code is hereby amended as
follows:
A. Purpose and Intent
A temporary moratorium on certain new construction within the Collegetown
Parking Overlay Zone, as described below, is hereby established, for an 18-
month period beginning as of October 12, 2007. The purpose of this moratorium
is….
Section 2. Chapter 325, Section 325-27, Subsection C (“Moratorium Terms”), is hereby
amended as follows:
October 1, 2008
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C. Moratorium Terms
1. Effective Period
This moratorium shall be in effect, within the boundaries described in Subsection
E, herein, for a period of eighteen (18) months commencing as of October 12,
2007.
Section 3. Supersession.
This Section is intended to supersede any inconsistent provision of the City Charter or
Code.
Section 4. Validity.
The invalidity of any provision of the Sections set forth above shall not affect the validity
of any other provision which can be given effect without such invalid provision.
Section 5. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice, as provided for in the Ithaca City Charter, and shall expire on April 12, 2009.
Alderperson Tomlan explained that the extended moratorium is needed to facilitate the
adoption of zoning legislation that correlates to the plan, and noted that the Planning
Board passed a resolution in support of the proposed extension. She further explained
that this moratorium continues the same conditions in the same area of the City as was
put into effect in October 2007.
She noted that discussions of the proposed building heights caused the project to go off
schedule. The plan will be ready in mid-October and will be made available
electronically. A hard copy will be available at the Tompkins County Public Library and
hopefully on the Cornell campus as well. She stated that Code Studio is working on the
zoning legislation but won’t be finished until they receive the final plan. She stated that
six months is the most realistic schedule; however, the City Attorney will review how to
lift the moratorium if the work is completed sooner.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Schuler
RESOLVED, That the 12th Whereas Clause be amended to read as follows:
“WHEREAS, the Common Council recognizes the need to preserve opportunities
afforded by the urban plan and design guidelines and the accompanying zoning
regulations, and to protect existing investments in planning in Collegetown, and” and be
it further
RESOLVED, That Sections 1, 2, and 5 of the Ordinance be amended to read as
follows:
Section 1. Chapter 325, Section 325-27 (“Temporary Moratorium”), Subsection A
(“Purpose and Intent”), of the City of Ithaca Municipal Code is hereby amended to read
as follows:
Section 2. Chapter 325, Section 325-27, Subsection C (“Moratorium Terms”), is hereby
amended to read as follows:
Section 5. Effective Date.
This Ordinance and any amendment thereof shall take effect immediately in accordance
with law upon publication of a notice, as provided for in the Ithaca City Charter, and
shall expire on April 12, 2009.”
Carried Unanimously
Alderperson Clairborne questioned whether any more costs were expected for the City,
and if there are time checks in place to make sure this project stays on schedule.
Alderperson Tomlan responded that the only additional cost incurred for the
development of the plan would be staff costs, and explained the checks that were in
place to keep the project on schedule.
October 1, 2008
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Alderperson Zumoff noted that he voted against the original moratorium and would vote
against this proposed extension. He stated that this project did not gain consensus in
the Collegetown neighborhoods and extending the moratorium would not help.
Alderperson Myrick stated that he would not support the extension of the moratorium
citing past examples of Collegetown moratoriums. He further stated that he did not
believe that the proposed harms to the neighborhood would be realized through the
development of the Collegetown area.
Alderperson Schuler noted that the twelve-month moratorium was not realistic given the
amount of work that needed to happen. She stated that the zoning piece is critical to
the project, and urged members of Common Council to support the proposed six-month
extension of the moratorium.
Alderperson Dotson stated that the development of Collegetown really needs this
planning process and the buffer areas are at risk without a moratorium in place.
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Rosario, Schuler, Cogan, Korherr,
Tomlan
Nays (2) Myrick, Zumoff
Abstentions (0)
Carried
10.2 Consent by the City of Ithaca to the Granting of a Leasehold Mortgage by
the Drop-In Center, Inc. to Alternatives Federal Credit Union concerning 502-510
First Street, Ithaca, NY, and to Modification of Applicable Leases – Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, Alternatives Federal Credit Union (“AFCU”) is considering granting a loan
to the Drop-In Center, Inc. to refinance the Center’s existing debt in a manner that
would reduce the debt service payment by approximately $300 per month, and
WHEREAS, the City of Ithaca conveyed to the Ithaca Urban Renewal Agency a Ground
Lease (“Master Lease”) dated April 13, 1995, of the premises described as 502-510
First Street, Ithaca, NY (“the Premises”), which Master Lease requires the Premises to
be used for a day care center and permits the City to terminate the Lease in the event of
that the IURA or its sub-lessee (now the Drop-In Center) fails to use the premises for a
day care center, and
WHEREAS, the Ithaca Urban Renewal Agency (“IURA”) granted a sublease
(“Sublease”) of said premises to the Drop-In Center, Inc., dated April 13, 1995, which
Sublease contains the same restrictions and permits termination of the Sublease in the
event of any default by the Drop-In Center, and
WHEREAS, said Master Lease and Sublease were amended on May 23, 2007, when
the Drop-In Center donated adjacent land to the City of Ithaca, and
WHEREAS, the Drop-In Center seeks to grant a Leasehold Mortgage to AFCU to
secure the refinance loan, and
WHEREAS, on April 24, 2008, the IURA consented to subordinate its leasehold
mortgage liens held on the 502-510 First Street premises to induce AFCU’s
restructuring of the Drop-In Center’s debt; now, therefore, be it
RESOLVED, That in order to induce AFCU to grant the aforementioned refinance loan,
the Common Council of the City of Ithaca hereby consents to the granting of a
Leasehold Mortgage on the Sublease premises located at 502-510 First Street, Ithaca,
NY to AFCU for the purpose of securing a refinancing loan to the Drop-In Center, not to
exceed $100,000 in principal, and be it further
RESOLVED, That the Common Council of the City of Ithaca further consents to AFCU’s
enforcement of the terms of the mortgage so that its designee(s) may take possession
of the premises for legal and allowable use under the terms of the Sublease and so that
October 1, 2008
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AFCU’s Leasehold Mortgage, quiet enjoyment of the premises in the event of its
enforcement of the Leasehold Mortgage, and assign ability of the Sublease, shall not be
affected by any default of IURA and/or the Drop-In Center, at any time, and be it further
RESOLVED, That the Common Council hereby approves and directs the modification of
the aforementioned Master Lease, such that, in the event of a default, by the Drop-In
Center, regarding said loan from AFCU or any loan from the IURA to the Drop-In
Center, then (a) the City’s right to terminate the lease with IURA is waived, provided that
AFCU or its designee satisfies the other provisions of the Sublease, and (b) AFCU is
permitted to sublet the premises to another day care center for such use, and be it
further
RESOLVED, That the Common Council hereby consents to a comparable modification
of the aforementioned Sublease (between IURA and the Drop-In Center), and be it
further
RESOLVED, That the Mayor, subject to advice from the City Attorney, is hereby
authorized to execute any and all agreements and documents to implement this
resolution.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Zumoff
RESOLVED, That the following resolution be substituted for this resolution:
“Consent by the City of Ithaca to the Granting of a Leasehold Mortgage by the
Drop-In Center, Inc. to Alternatives Federal Credit Union concerning 502-510 First
Street, Ithaca, NY, and to Modification of Applicable Leases – Resolution
WHEREAS, Alternatives Federal Credit Union (“AFCU”) is considering granting a loan
to the Drop-In Center, Inc. (“Drop-In Center”) to refinance the Center’s existing debt in a
manner that would reduce the debt service payment by approximately $300 per month,
and
WHEREAS, the City of Ithaca conveyed to the Ithaca Urban Renewal Agency a Ground
Lease (“Master Lease”) dated April 13, 1995, of the premises described as 502-510
First Street, Ithaca, NY (“the Premises”), which Master Lease requires the Premises to
be used for a day care center and permits the City to terminate the Lease in the event
that the IURA or its sub-lessee (now the Drop-In Center) fails to use the premises for a
day care center, and
WHEREAS, the Ithaca Urban Renewal Agency (“IURA”) granted a sublease
(“Sublease”) of said premises to the Drop-In Center, dated April 13, 1995, which
Sublease contains the same restrictions and permits termination of the Sublease in the
event of any default by the Drop-In Center, and
WHEREAS, said Master Lease and Sublease were amended on May 23, 2007, when
the Drop-In Center donated adjacent land to the City of Ithaca, and
WHEREAS, the Drop-In Center seeks to grant a Leasehold Mortgage to AFCU to
secure the refinance loan, and
WHEREAS, on April 24, 2008, the IURA consented to subordinate its leasehold
mortgage liens held on the 502-510 First Street premises to induce AFCU’s
restructuring of the Drop-In Center’s debt; now, therefore, be it
RESOLVED, That in order to induce AFCU to grant the aforementioned refinance loan,
the Common Council of the City of Ithaca hereby consents to the granting of a
Leasehold Mortgage on the Sublease premises located at 502-510 First Street, Ithaca,
NY to AFCU for the purpose of securing a refinancing loan to the Drop-In Center, not to
exceed $100,000 in principal, and be it further
RESOLVED, That the Common Council of the City of Ithaca further consents to AFCU’s
enforcement of the terms of the mortgage so that its designee(s) may take possession
of the premises for legal and allowable use under the terms of the Sublease and
AFCU’s Leasehold Mortgage, and that AFCU’s quiet enjoyment of the premises in the
event of its enforcement of the Leasehold Mortgage, and assign ability of the Sublease,
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shall not be affected by any default of IURA and/or the Drop-In Center, at any time, and
be it further
RESOLVED, That such consent is conditioned upon a requirement that, in the event
AFCU takes control of the Premises by any means, once AFCU has fully recovered any
outstanding loan debt and associated costs and has been made whole under the terms
of its Leasehold Mortgage with the Drop-In Center, AFCU shall assign to IURA any
right, title or interest in the premises, including all rights to be landlord of a potential new
subtenant, and be it further
RESOLVED, That the Common Council hereby approves and directs the modification of
the aforementioned Master Lease, such that, in the event of a default, by the Drop-In
Center, regarding said loan from AFCU or any loan from the IURA to the Drop-In
Center, then (a) the City’s right to terminate the lease with IURA is waived, provided that
AFCU or its designee satisfies the other provisions of the Sublease, and (b) AFCU is
permitted to sublet the premises to another day care center for such use, and be it
further
RESOLVED, That the Common Council hereby consents to a comparable modification
of the aforementioned Sublease (between IURA and the Drop-In Center), and be it
further
RESOLVED, That the Mayor, subject to advice from the City Attorney, is hereby
authorized to execute any and all agreements and documents to implement this
resolution.”
Alderperson Clairborne disclosed that his child attends the Drop-In Center; however, he
does not have a conflict of interest.
A Vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
11. CITY ADMINISTRATION COMMITTEE:
11.1 Building Department - Request to Amend Authorized Roster and Budget -
Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, in 2006 New York State mandated that all villages, towns and cities
conduct multiple dwellings inspections every three years, or every year, depending on
the building's occupancy; and
WHEREAS, this State requirement meant that the City's Building Department had to
inspect dwelling units at a rate 50% faster than it had ever done even when the
department had full staffing; and
WHEREAS, in response to this mandate the City of Ithaca decided to create a software-
assisted inspection program to enable inspectors to meet the new requirement; and
WHEREAS, since 2007 a Senior Code Inspector has led the development of housing
inspection software program which in turn has required a City Code Inspector to work
out of title as a Senior Code Inspector, thus leaving a Code Inspector position vacant;
and
WHEREAS, the current housing inspection program relies on Housing Inspectors and
Code Inspectors to complete the inspection of dwelling units; and`
WHEREAS, the loss of a Code Inspector would lead to the loss of 12.5% of the Building
Department’s total housing inspection time resulting in the loss of fees that would
otherwise be charged for conducting these inspections, and would further result in the
City’s inability to meet the State's mandated inspection cycles; and
October 1, 2008
12
WHEREAS, among the duties of the now retired Deputy Building Commissioner had
been the supervision of building inspections, assisting with land-use and zoning issues
and working with the Planning Department in the rewriting of Ordinances; and
WHEREAS, the Building Department with the help of the Human Resources
Department has developed a plan to meet the State and City mandated inspections by
creating a new CSEA position called Housing and Land-Use Supervisor which will help
create, implement and maintain the Building Department software; and
WHEREAS, since February 1, 2008, when one Deputy Building Commissioner retired:
1) the remaining Deputy Building Commissioner has been supervising the field work
previously supervised by two Deputies; 2) another Code Inspector has been working
out-of-title as a Senior Code Inspector performing the plan review work previously done
by the remaining Deputy Building Commissioner; and
WHEREAS, the rest of the work formerly carried out by a Deputy Building
Commissioner will be picked up by Building Department staff but will also require the
promotion of two Code inspectors to Senior Code Inspectors, hiring a Code Inspector,
and changing the Building Department’s roster from three Code Inspectors and two
Senior Code Inspectors to two Code Inspectors and three Senior Code Inspectors and
deleting a Deputy Building Commissioner position and adding the position of Housing
and Land Use Supervisor; and
WHEREAS, the Building Department's 2008 Budget has only a portion of the funding
necessary to accomplish these necessary changes, now, therefore, be it
RESOLVED, That Common Council amends the Building Department roster as follows:
Delete: One (1) Deputy Building Commissioner position,
Delete: One (1) Code Inspector,
Add: One (1) Housing and Land-Use-Supervisor
Add: One (1) Senior Code Inspector
and, be it further
RESOLVED, That Common Council amends the Building Department 2008 budget by
transferring $12,908 from Account A1990 Restricted Contingency to Account A3620-
5110 staff salaries for the purpose of funding said roster amendment.
Carried (9-0)
(Alderperson Myrick absent from vote)
11.2 Possible Motion to Enter Into Executive Session to Discuss Conveyance of
Property – Resolution
By Alderperson Dotson: Seconded by Alderperson Coles
RESOLVED, That Common Council Enter into Executive Session to discuss the
conveyance of property.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
11.3. Attorney’s Office - Proposed Lease of Real Property (“Steamboat Landing”
Site) to the Ithaca Urban Renewal Agency for Subsequent Sublease by the IURA
for a Producer-to-Consumer Market of Locally-Produced Goods and Incubator for
Local Small Businesses - Declaration of Intention to Act as Lead Agency -
Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, in 1989, the City of Ithaca entered into a 20-year lease with the Ithaca
Farmers Market Cooperative, Inc. (IFM), of a parcel of surplus City-owned land off the
west end of Third Street Extension, consisting of approximately six acres and known as
“Steamboat Landing;” and
WHEREAS, pursuant to said lease, the IFM has operated a seasonal, producer-to-
consumer market at the leased premises, for locally-grown or crafted goods, which
October 1, 2008
13
operation has contributed to local sustainability and the economic and social vitality of
the City, while making the site available for the enjoyment of the public at times when it
is not being utilized as a market; and
WHEREAS, the current lease between the City of Ithaca and the IFM expires on
December 31, 2008; and
WHEREAS, the City of Ithaca wishes to have the Steamboat Landing parcel utilized and
enhanced in the future, as a site for the continued enjoyment of the public as well as for
the operation of a producer-to-consumer market featuring sale and promotion of locally
grown and crafted goods, which also serves as an incubator for additional, small, local
businesses; and
WHEREAS, it appears that the most effective means of accomplishing the
aforementioned objectives is for the City to lease the site to the Ithaca Urban Renewal
Agency (IURA), beginning on or about January 1, 2009, so that the IURA may use its
economic development expertise and special authority to select an appropriate
sponsor/sub-lessee to operate such a market/incubator at the site and to develop a
proposed sublease with terms that will maximize the use of the site consistent with the
City’s objectives; and
WHEREAS, pursuant to Section 507 of General Municipal Law, an urban renewal
agency may lease property at a negotiated rent to a designated qualified and eligible
sponsor without public auction or sealed bids provided (1) that the rent proposed be
paid by such sponsor and other essential terms of the proposed (sub) lease are
included in a published public notice, and (2) that such (sub) lease is approved by the
governing body (Common Council) after a public hearing held not sooner than ten days
after the publication of such notice; and
WHEREAS, the Steamboat Landing site is located within the urban renewal project area
defined in the Urban Renewal Plan adopted by the Common Council of the City of
Ithaca; and
WHEREAS, the proposed action includes the conveyance of a long-term leasehold
interest in the Steamboat Landing parcel, from the City of Ithaca to the IURA (excepting
out certain rights to be retained by the City, for existing and potential future municipal
sewer lines and the Cayuga Waterfront Trail), and the development and approval of a
proposed, long-term sublease with a qualified and eligible sponsor to operate a
producer-to-consumer market and incubator for small, local businesses at the site
(which proposed lease will require Common Council approval) which proposed lease
and sublease would incorporate the following provisions:
1. Retained Rights - City shall retain rights to access, repair and replace the
sewer outfall pipe, and to grant an easement for the Cayuga Waterfront
Trail;
2. Real Property Improvements – no proposed modification of existing
structures or construction of new structures by the sub-lessee that
requires a building permit shall be permitted without lessor’s prior consent
and, where applicable, site plan review pursuant to City Code;
3. Lease Term - the lease term shall not exceed 40 years, including any
options for extensions;
4. Early Termination - the leases shall include provisions for early termination
or modification by the City (a) for emergency situations, (b) for wastewater
treatment plant purposes, or (c) upon City adoption of a new area plan,
involving part or all of the leased premises, that is inconsistent with
continued use of the premises for a producer-to-consumer market and
incubator for small, local business as configured; and
WHEREAS, the proposed lease of a six-acre parcel is a Type 1 action under the City
Environmental Quality Review Ordinance (CEQRO), thus requiring environmental
review; and
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WHEREAS, the State Environmental Quality Review Act (SEQRA) and Section 176-6 of
CEQRO require that a lead agency be established for conducting environmental review
of non-exempt, proposed actions in accordance with State and City law; and
WHEREAS, State and City law specify that where more than one agency is “involved”
(i.e., in a position to undertake, fund or approve a proposed action), the lead agency
shall be that involved agency which has primary responsibility for approving, funding or
carrying out the action; and
WHEREAS, it appears that the proposed action will require the approval of the Common
Council (as landowner and proposed lessor), the IURA (as proposed lessee) and the
Board of Public Works (pursuant to the Board’s role in overseeing City-owned land, per
the City Charter); and
WHEREAS, it appears that the Common Council is the involved agency primarily
responsible for carrying out this proposed action; and
WHEREAS, the Common Council conducts and makes determinations regarding
environmental reviews on a frequent basis, and is well prepared to undertake and
discharge that responsibility in this instance, in a timely manner; now therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare its
intention to act as the Lead Agency for the environmental review of the proposed long-
term lease of the so-called Steamboat Landing site to the Ithaca Urban Renewal
Agency, commencing on or about January 1, 2009, for subsequent sublease by the
IURA to an eligible and qualified sponsor of a producer-to-consumer market of locally-
produced goods and incubator for related, local small businesses, subject to the above-
referenced provisions; and be it further
RESOLVED, That the Mayor be and hereby is authorized and requested to ensure that
an Environmental Assessment Form (EAF) is completed for this proposed action; and
be it further
RESOLVED, That the City Clerk be and hereby is authorized to notify the Ithaca Urban
Renewal Agency and the Board of Public Works of Common Council’s intention with
regard to this action, and to ensure that when Part 1 of the EAF for this action has been
completed it is transmitted to the IURA and the BPW, together with notification that a
lead agency must be designated within 30 calendar days of such transmission.
Alderperson Coles explained that the negotiation team has come to a tentative
agreement and this is the first step of the process.
A Vote on the Resolution resulted as follows:
Carried Unanimously
Alderperson Korherr left the meeting at 10:35 p.m.
11.4. Department of Public Works - Request to Create a Capital Project to Extend
Sidewalk in the 700 Block of Hudson Street - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, as part of the review and approvals process for the Ithaca College Athletics
and Events Center and related multi-use trail, Engineering staff proposed that sidewalk
in the 700 block of Hudson Street be extended to complete a pedestrian route between
the City’s South Hill neighborhood sidewalk system and Ithaca College, and
WHEREAS, Ithaca College has verbally expressed a willingness to participate
financially in the construction of such sidewalk, and
WHEREAS, on August 13, 2008, the Board of Public Works recommended to Common
Council to establish a capital project in the amount of $10,000 to begin this project, and
WHEREAS, with direction from the Board of Public Works, a portion of the cost of this
project could be apportioned to abutting property owner(s) under the Uniform Sidewalk
Improvement policy in accordance with the City Charter; now therefore be it
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RESOLVED, That Common Council hereby establishes Capital Project # 744, Sidewalk
Improvements in the 700 Block of Hudson Street in the amount of $10,000 in order to
begin design and to prepare cost estimates, and be it further
RESOLVED, That the funding necessary for said project shall be derived from the
combination of sidewalk assessments, the issuance of serial bonds, General Fund
Advance, and contributions, and be it further
RESOLVED, That Common Council directs Engineering staff to determine the actual
level of financial contribution to said project by Ithaca College, and be it further
RESOLVED, That Common Council understands that Engineering staff will prepare
preliminary design and cost estimates for the project, which would be evaluated by the
Board of Public Works before further progress on the project, and that a future request
may come to Common Council with more detailed arrangements for construction
funding.
Carried Unanimously
(Alderperson Korherr absent from vote)
11.5. Finance/Controller’s Office - Establish Capital Project for Restore NY Phase
I Grant - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the City of Ithaca has executed a Capital Grant with the New York State
Urban Development Corporation dba Empire State Development Corporation (ESDC)
for $1,460,000 through the Restore II NY Communities Program, and
WHEREAS, the grant is for demolition, debris and hazardous material removal of the
former Ithaca Gun Factory, and
WHEREAS, the Grant Disbursement Agreement states that the City will act as a pass
through for the grant funds, which will require the City to establish a Capital Project to
account for any receipts and disbursements of Grant Funds; now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project #745 Ithaca
Gun Factory Demolition in the amount not to exceed $1,460,000 for the purpose of
accounting for the capital grant funds from the Restore II NY Communities Program for
demolition of the former Ithaca Gun Factory.
Carried Unanimously
(Alderperson Korherr absent from vote)
11.6 Possible Motion to Enter Into Executive Session to Discuss CSEA
Classification Study - Resolution:
An executive session was not needed regarding the CSEA Classification Study as the
study has been completed and the results indicate that $1.6 to $1.7 million is needed to
pay employee salaries at the market rate. CSEA leadership is in the process of meeting
with the Human Resources Department to discuss next steps.
Report of City Controller
City Controller Thayer reported on the following to Common Council:
2009 Budget Process
Continued monitoring of the economic crisis and the negative impacts on both State and
City agencies
The significant rise in overall costs including health insurance
Sales tax revenue remains strong +11% from 2007; but could change very quickly
Overtime costs are $100,000 over budget
Fuel costs are $100,000 over budget
Alderperson Cogan questioned what the current credit crunch would do to the City’s
ability to borrow. City Controller Thayer responded that the City has not been impacted
to date, but will need to borrow in January. The City’s bank, Tompkins Trust Company,
has done a good job of investing their funds.
October 1, 2008
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REPORT OF SPECIAL COMMITTEES:
Alderperson Coles voiced concerns about gas drilling in the area and noted that water
treatment plants should not accept water used for drilling since it is contaminated. She
stated that she hoped that talks would begin locally to address the concerns relating to
drilling.
NEW BUSINESS:
There were no items submitted for the agenda.
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
There were no individual member filed resolutions submitted for the agenda.
MAYOR’S APPOINTMENTS:
15.1 Planning & Development Board:
By Alderperson Tomlan: Seconded by Alderperson Cogan
RESOLVED, That Robert Boothroyd be reappointed to the Planning Board with a term
to expire December 31, 2010.
Ayes (8) Coles, Dotson, Rosario, Zumoff, Myrick, Schuler, Cogan
Nays (0)
Abstentions (1) Clairborne
Carried
Alderperson Korherr absent from vote
15.2 Bicycle Pedestrian Advisory Council:
By Alderperson Coles: Seconded by Alderperson Dotson
RESOLVED, That Renee Brutvan be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2011.
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
15.3 Conservation Advisory Council:
By Alderperson Schuler: Seconded by Alderperson Myrick
RESOLVED, That Laura Martin be appointed to the Conservation Advisory Council to
fill a vacancy with a term to expire December 31, 2012 (CAC has 4 year terms).
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
Discussion followed on the floor regarding appointments to boards and committees and
the need to review committee structures.
REPORTS OF COMMON COUNCIL LIAISONS:
Mayor Peterson reported that she attended her first NYCOM Executive Board meeting
and that State aid to municipalities was on the agenda.
19. MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the September 3, 2008 Regular Common Council Meeting
Minutes – Resolution
By Alderperson Zumoff: Seconded by Alderperson Myrick
RESOLVED, That the minutes of the September 3, 2008 Regular Common Council
meeting be approved with noted corrections.
Carried Unanimously (9-0)
Alderperson Korherr absent from vote
ADJOURNMENT:
On a motion the meeting adjourned at 11:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor