HomeMy WebLinkAboutMN-CC-2009-02-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. February 4, 2009
PRESENT:
Mayor Peterson
Alderpersons (9) Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Korherr
OTHERS PRESENT:
Information Management Specialist - Myers
City Attorney – Hoffman
City Controller – Thayer
Community Development Director – Bohn
Fire Chief – Wilbur
Deputy Fire Chief – Parsons
City Chamberlain – Parsons
EXCUSED:
Alderperson Coles
1. PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning & Economic Development Committee:
Alderperson Tomlan requested a substitute resolution for Item 11.2 entitled “An
Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled
“Zoning” to Amend Section 325-20 (“Off-street parking”).
No Council member objected.
Mayor Peterson requested the addition of item 13.2 under New Business entitled
“Possible Motion to Enter Into Executive Session to Discuss Litigation Between the City
of Ithaca and Goldberg Regarding Eminent Domain”, with a possible vote afterward.
No Council Member objected.
Mayor Peterson further stated that under “Privilege of the Floor” she would report on the
process for the Economic Stimulus package.
Mayor Peterson further requested the addition of another appointment under “Mayor’s
Appointments” for the Business Improvement District Board.
No Council member objected.
4. SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Adoption of Proposed Corrections to the
Amended City Off-street Parking Ordinance
Resolution to Open Public Hearing:
By Alderperson Cogan: Seconded by Alderperson Rosario
RESOLVED, That the Public Hearing to Consider the Adoption of Proposed Corrections
to the Amended City Off-street Parking Ordinance be declared open.
Carried Unanimously
Alderperson Tomlan explained that the changes to the ordinance were the result of
some wording changes being left out of the initial ordinance when it was approved by
Common Council on November 5, 2008.
No one appeared to address Council.
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February 4, 2009
Resolution to Close Public Hearing:
By Alderperson Schuler: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to Consider the Adoption of Proposed Corrections
to the Amended City Off-street Parking Ordinance be declared closed.
Carried Unanimously
4.2 Board of Fire Commissioners Report:
Fire Commissioner Thomas Hoard addressed Council to report on the following:
Introduction:
He was appointed by the Mayor and confirmed by Council in December 2008.
Ms. Maureen Kelly was also appointed in December. They replace Steven Williams and
Thomas Farlow as Fire Commissioners. The Board of Fire Commissioners now has a
full roster.
Board of Fire Commissioners Chair Bob Romanowski appointed him to make reports at
Council Meetings.
He reported that he was City of Ithaca Building Commissioner from 1976 to 1988. He
now works at HOLT Architects as their codes analyst.
He has had a long interest in the well-being of the Ithaca Fire Department and his son-
in-law is a firefighter in Saugus, Massachusetts.
Personnel:
Lieutenant Tom Deis has returned from a tour in Afghanistan as a sergeant in the Army
Reserves.
There are currently no open positions at IFD.
City-Town Fire Contract Negotiation:
Last negotiating session was on November 25th. Extension of the current Memorandum
of Understanding to the end of 2009 is in progress and is currently being reviewed by
the City and Town Attorneys.
Resource Recovery Legislation:
This legislation would enable the City of Ithaca to recover the costs involved in gorge
rescues. The latest draft of this legislation has been distributed to Council Member
Korherr, and to Town of Ithaca Supervisor Engman and discussion is continuing among
the Fire Commissioners.
Emergency Management Exercise:
The City of Ithaca Emergency Management Tabletop Exercise will be held on February
12th, from 8:30 a.m. to 4:00 p.m. at the Holiday Inn.
SAFER Grant.
In December Chief Wilbur received notice from C. Gary Rogers, Department of
Homeland Security’s Federal Emergency Management Agency (FEMA) that the IFD did
not receive a SAFER Grant for FY 2008. This is the third year in a row that the IFD did
not receive a SAFER Grant. Given the economy, this grant may be in its last year.
(SAFER= Staffing for Adequate Fire and Emergency Response)
Alderperson Clairborne arrived at 7:20 p.m.
3. PROCLAMATIONS/AWARDS:
Mayor Peterson explained that typically at the February Common Council meeting the J.
Diann Sams Annual African American History Month Recognition award is presented.
She stated that this year’s recipient was not available to attend the meeting today and
so that presentation would be done at the March 4, 2009 Common Council meeting.
Alderpersons Clairborne and Myrick and Mayor Peterson read a proclamation declaring
February Black History Month.
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February 4, 2009
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
There were no special presentations before Council.
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Suk Fairgrieve, City of Ithaca, addressed Council regarding discrimination problems she
has been facing at City Court.
Robin Palmer, Village of Cayuga Heights, addressed Council regarding the Community
of Sanctuary Resolution that Common Council approved in October 2008, and
expressed his disagreement with many of the statements made in the resolution. At the
end of his three minutes, he proceeded to throw two shoes, one at the Mayor and the
other at a Common Council member.
Recess:
Common Council recessed the meeting at 7:40 p.m. while Ithaca Police Department
officers responded to this outburst.
Reconvene:
Common Council reconvened the meeting at 8:25 p.m. and opened the floor to further
petitions and hearings of persons before Council.
Jacob Hascup, City of Ithaca, addressed Council to update them on the skateboard
park and proposed improvements to it.
Molly Devoe, City of Ithaca, addressed Council to further update them on the
deteriorated condition of the skateboard park, fund raising efforts being made, and
proposed improvements to the park.
Robert Andree and Angelo DiGiacomo, City of Ithaca, addressed Council in opposition
to Phase II of the Cayuga Waterfront Trail, the eminent domain process being
undertaken by New York State Department of Transportation, past meetings with City
representatives, the need for more meetings with the City, and requested that the City
pursue other options for creation of a walkway to connect Cass Park to the Farmers’
Market. They also presented the Mayor and Common Council with a petition signed by
over 1,000 people in opposition to the trail.
Jan Rhodes Norman, City of Ithaca, addressed Council on behalf of the Ithaca Farmers’
Market to thank the Mayor, Common Council, and staff for their time and work on their
new lease.
Joel Harlan, Town of Newfield, addressed Council regarding the dual designation of
Martin Luther King Street and State Street.
Cheryl McCann, Trumansburg, addressed Council to request their support for her
husband’s efforts regarding the finance/education scandal that has affected him.
Lawrence McCann, Trumansburg, addressed Council to give them an opportunity to ask
him questions about his circumstances since he last addressed them at the January
Common Council Meeting and to request their support to resolve this issue.
Fay Gougakis, City of Ithaca, addressed Council regarding Phase II of the Cayuga
Waterfront Trail. She is concerned about the process being used to obtain the land for it
and the congestion of the current mixed use trail.
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Peterson announced the availability of the 2009 Annual Disclosure forms.
She further stated that public speaking does not need to be allowed at meetings and
that she is concerned about safety and potential risks as has been evidenced in other
public facilities across the country. She thanked Common Council members for their
patience during the recess and for wanting to continue the meeting.
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February 4, 2009
Alderperson Korherr thanked the speakers for their comments and responded to
comments made about congestion on the trails in the area and discrimination claims
against City Court.
Alderperson Clairborne thanked the speakers for their comments and cooperation. He
further spoke about February being Black History Month, the recent inauguration of the
first African-American President and his experience attending the inauguration in
Washington D.C. He also responded to comments made about eminent domain
relating to Phase II of the Cayuga Waterfront Trail.
Alderperson Dotson thanked the speakers for their update and plans for the skate park
and responded to comments made about Phase II of the Cayuga Waterfront Trail.
Mayor Peterson responded to comments made from the McCann’s regarding their
request from Common Council for support of their efforts.
8. CONSENT AGENDA ITEMS:
There were no items submitted for the agenda.
CITY ADMINISTRATION COMMITTEE:
9.1 IPD/IFD - Capital Project for the Purchase of a New Mobile Command
Vehicle - Resolution
By Alderperson Schuler: Seconded by Alderperson Clairborne
WHEREAS, the Ithaca Police Department and the Ithaca Fire Department have been
working collaboratively to craft design and equipment requirements for a replacement
mobile incident command vehicle that will serve the needs of both departments during a
large-scale emergency response, and
WHEREAS, a new replacement Mobile Command Vehicle will cost approximately
$456,000 through Farber Specialty Vehicles under the New York State contract, and
WHEREAS, the Common Council approved $250,000 of funding through the 2009
Capital Project # 751 and
WHEREAS, the City of Ithaca received additional funding or pledged funding for the
Mobile Command Vehicle as follows:
Triad Foundation $100,000
Tompkins County Sheriffs Office $68,000
(Homeland Security Funds)
Tompkins County District Attorney’s Office $25,000
Other Funding Sources $50,000
$243,000
and,
WHEREAS, the final amount for the Mobile Command Vehicle pledged and received to
date totals $493,000, now therefore be it
RESOLVED, That Common Council hereby accepts and appreciates the various
organizations that have pledged or already provided, funding for this critical project, and
be it further
RESOLVED, That Capital Project #751 Mobile Command Vehicle Acquisition is hereby
amended by an amount not to exceed $243,000 for a total project authorization of
$493,000 for the purposes of funding the acquisition of said Mobile Command Vehicle.
Discussion followed on the floor regarding the cost of the vehicle and plans for a
storage building that will need separate approval for additional funding. City Controller
Thayer reported that the capital project was established for the vehicle only and that the
cost of the storage building would come from other already pledged funding. Further
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February 4, 2009
discussion followed on the floor regarding the need to notify donors that their
contributions would be used for the cost of the storage building.
Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Korherr
RESOLVED, That the First Resolved clause be amended to read as follows:
“RESOLVED, That Common Council hereby with great appreciation accepts the
funding that various organizations have pledged or already provided for this critical
project, and be it further”
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion As Amended resulted as follows:
Carried Unanimously
9.2 Fire Department - Request to Increase Fees - Resolution
By Alderperson Schuler: Seconded by Alderperson Clairborne
WHEREAS, §181-9 F(1) of the Code of the City of Ithaca states the Fire Chief shall
promulgate a fee schedule applicable to the permits authorized under such code; and,
WHEREAS, §181-9 F states that fees established in the fee schedule shall reasonably
reflect the cost of receiving, investigating, processing, and issuing each of said permits;
and,
WHEREAS, §181-9 F requires that any schedule and required changes proposed
thereto shall be submitted to the Common Council for adoption prior to the collection of
such fees; and,
WHEREAS, firstly, the permit fee schedule is based on the labor costs of performing the
inspections and processing the permits; secondly, the last time the fees were updated
was February 15, 2006; thirdly, because of subsequent salary increases and increasing
cost of fringe benefits the current fees do not reflect the actual costs of the services
being provided; and,
WHEREAS, a proposal has been prepared and submitted to increase fees generally
and as stipulated in the attached schedule, from $40.00 to $44.00 per hour, and from
$60.00 to $66.00 per hour for work performed during non-business hours, to increase
the monthly processing fee for running permits from $11.00 to $12.00 per permit, and to
adjust the fee for $12 per additional location for temporary propane permits, thus having
fees more accurately reflect current costs; and,
WHEREAS, the Board of Fire Commissioners did consider and approve this proposal at
their regular meeting of November 18, 2008; now, therefore be it
RESOLVED, The Common Council of the City of Ithaca does hereby approve the
proposed increase in permit fees herein proposed; and, be it further
RESOLVED, These changes shall be authorized upon adoption of this resolution by
Common Council, with an effective date of February 4, 2009.
Alderperson Rosario stated that this is a difficult time to raise fees considering the
current economy and questioned the rationale for the increase.
Deputy Fire Chief Parsons explained that fees were last adjusted in 2006 and noted that
the City of Ithaca is very competitive compared with other municipalities for fees of this
type.
Fire Chief Wilbur explained the history behind this practice and noted that it was a
directive given by a previous Common Council so the action of that prior Council brings
this item to the current Council for consideration.
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February 4, 2009
Alderperson Rosario thanked staff for the background information and noted that it did
help him understand the rationale behind the practice. He urged Common Council to
keep in mind this increase as other fees are reviewed.
A Vote on the Resolution resulted as follows:
Carried Unanimously
9.3 Chamberlain’s Office - Local Law to Increase Income Limits for Eligibility
for the Disability Real Property Tax Exemption
By Alderperson Schuler: Seconded by Alderperson Korherr
Local Law No. - 2009
Pursuant to an increase in the income ceilings at the State level for disability tax
exemptions, section 300-26(B)(1) of Article V entitled “Disability Exemption” of the City
of Ithaca Municipal Code shall be amended to increase the amount of the partial real
property tax exemption for certain disabled persons.
Section 1:
Section 300-26B (1) of the City of Ithaca Municipal Code is hereby amended to read as
follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of
New York, real property located in the City of Ithaca owned by one or more persons,
each of whom is disabled and whose income is limited by reason of such disability, or
real property owned by a married couple, or siblings, one of whom is disabled and
whose income is limited by reason of such disability, shall be partially exempt from
taxation by said city for the applicable taxes specified in § 459-c based upon the income
of the owner or combined income of the owners. Such partial exemption shall be to the
extent set forth in the schedule following:
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $28,000 [$27,000] 50%
Up to but less than $29,000 [$28,000] 45%
Up to but less than $30,000 [$29,000] 40%
Up to but less than $31,000 [$30,000] 35%
Up to but less than $31,900 [$30,900] 30%
Up to but less than $32,800 [$31,800] 25%
Up to but less than $33,700 [$32,700] 20%
Up to but less than $34,600 [$33,600] 15%
Up to but less than $35,500 [$34,500] 10%
Up to but less than $36,400 [$35,400] 5%
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase, or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction then that decision shall
not affect the validity of the remaining portion.
Section 3. Effective Date.
This Local Law shall take effect immediately in accordance with law upon filing with the
Secretary of State.
Carried Unanimously
9.4 Chamberlain’s Office - Ordinance to Increase Income Limits for Eligibility
for the Real Property Tax Exemption for Persons over 65.
By Alderperson Schuler: Seconded by Alderperson Korherr
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February 4, 2009
Ordinance 09-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Pursuant to an increase in the income ceilings at the State level for tax exemptions for
senior citizens, sections 300-1(A)(1) and 300-2(A) of Article I entitled “Senior Citizens
Exemption” of the City of Ithaca Municipal Code shall be amended to increase the
amount of the partial real property tax exemption for certain senior citizens, as follows:
§ 300-1. Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property in the City of Ithaca owned by one or more persons, each of whom is
65 years of age or over, or real property owned by a married couple or by siblings, one
of whom is sixty-five years of age or over, shall be partially exempt from taxation by the
city based upon the income of the owner or the combined incomes of the owners.
(1) Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $28,000 [$27,000] 50%
Up to but less than $29,000 [$28,000] 45%
Up to but less than $30,000 [$29,000] 40%
Up to but less than $31,000 [$30,000] 35%
Up to but less than $31,900 [$30,900] 30%
Up to but less than $32,800 [$31,800] 25%
Up to but less than $33,700 [$32,700] 20%
Up to but less than $34,600 [$33,600] 15%
Up to but less than $35,500 [$34,500] 10%
Up to but less than $36,400 [$35,400] 5%
(2) The partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, exclusions and limitations set forth in
§467 of the Real Property Tax Law of the State of New York.
§ 300-2. Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the property
exceeds the sum of $36,400 [$35,400] for the income tax year immediately preceding
the date of making application for exemption as consistent with the schedule provided in
§ 300-1A. "Income tax year" shall mean a twelve-month period for which the owner or
owners filed a federal personal income tax return or, if no such return is filed, the
calendar year. Where title is vested in either spouse, their combined income may not
exceed such sum. Such income shall include social security and retirement benefits,
interest, dividends, total gain from the sale or exchange of a capital asset in the same
income tax year, net rental income, salary or earnings and net income from self-
employment but shall not include a return of capital, gifts or inheritances. In computing
net rental income and net income from self-employment, no depreciation deduction
shall be allowed for the exhaustion, wear and tear of real or personal property held for
the production of income.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
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February 4, 2009
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Carried Unanimously
9.5 IURA - Approval of Disposition of Real Property, IURA - Proposed Sublease
of the “Steamboat Landing” Site to the Ithaca Farmers Market Cooperative, Inc.
By Alderperson Schuler: Seconded by Alderperson Dotson
WHEREAS, on November 5, 2008, the City of Ithaca Common Council approved the
leasing of City-owned land known as “Steamboat Landing” to the Ithaca Urban Renewal
Agency (IURA) for subsequent sublease to an eligible and qualified sponsor, for use as
a producer-to-consumer market of locally-produced goods and incubator for related
local businesses, subject to certain lease terms and conditions as set forth in the
November 5, 2008, resolution of Common Council, and
WHEREAS, the IURA has agreed to lease the premises on said terms, from the City of
Ithaca, for the purpose of facilitating use of the site as a producer-to-consumer market
of locally-produced goods and an incubator for related local businesses through a
sublease to a qualified and eligible sponsor who commits to use the site for such
purposes, and
WHEREAS, on October 14, 2008, the Ithaca Farmers Market Cooperative, Inc. (IFM),
submitted an application to be designated a qualified and eligible sponsor for the
purpose of operating such a market at the Steamboat Landing Site, and
WHEREAS, on October 23, 2008, the IURA designated the IFM as a qualified and
eligible sponsor to sublease the Steamboat Landing site, and
WHEREAS, on December 12, 2008, the IURA found that the proposed use of the
Steamboat Landing site by the Ithaca Farmers Market Cooperative, Inc., as a producer-
to-consumer market of locally-produced goods and an incubator for related local
businesses, will improve the social, physical and economic characteristics of the
surrounding neighborhoods thereby furthering the goals and objectives of the City’s
Urban Renewal Plan, and
WHEREAS, on December 12, 2008, the IURA further agreed to sublease the
Steamboat Landing site to the Ithaca Farmers Market Cooperative, Inc., upon terms in
substantial conformance with the attached document entitled “Synopsis of Lease Terms
Agreed to by IFM on 9/22/08” and any additional provisions contained in the November
5, 2008 Common Council resolution, and
WHEREAS, this proposed property disposition is being conducted pursuant to §507 of
General Municipal Law, which requires final approval by the Common Council of the
City of Ithaca, following a public hearing on the matter, and
WHEREAS, a notice of the public hearing was published in the Ithaca Journal on
January 16, 2009, and a public hearing was held on January 26, 2009, before the City
Administration Committee of Common Council; and
WHEREAS, an environmental review of this proposed action was conducted by the
Common Council, acting as lead agency, and, on November 5, 2008, the Common
Council determined that the proposed action would not have a significant impact on the
environment, now, therefore, be it
RESOLVED, That the Common Council for the City of Ithaca hereby approves the
IURA-proposed sublease of the Steamboat Landing site - being a premises comprising
approximately 5.9 acres, adjacent to the site of the Ithaca Area Wastewater Treatment
Facility, and which leased/subleased premises are identified as “Parcel B-1” and
“Parcel B2” on a survey map prepared by Lee Dresser, Licensed Surveyor, of TG
Miller, PC, dated October 9, 2008 as revised January 22, 2009 - to the Ithaca Farmers
Market Cooperative, Inc., upon terms in substantial conformance with the provisions of
the Common Council resolution of November 5, 2008, which terms are summarized in
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February 4, 2009
the attached document entitled “Steamboat Landing Site - Synopsis of Terms of
Proposed Sublease between the IURA & the IFM – 1/20/09,” and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is
authorized to execute any and all documents required to implement the provisions of
this resolution.
February 4, 2009
Alderperson Korherr thanked everyone involved with this for their time and efforts.
Mayor Peterson stated that she was pleased that the question of ownership with the
Town of Ithaca over Steamboat Landing will not affect the lease and noted that the
Town of Ithaca has submitted their written support for the lease.
A Vote on the Resolution resulted as follows:
Carried Unanimously
“STEAMBOAT LANDING SITE”
SYNOPSIS OF TERMS OF PROPOSED SUBLEASE BETWEEN IURA & THE IFM
1/20/09
On November 5, 2008, Common Council approved the lease of the so-called
“Steamboat Landing” site (adjacent to the site of the Ithaca Area Wastewater Treatment
Facility) to the Ithaca Urban Renewal Agency (IURA), so that the IURA could facilitate
the subleasing of the site to a qualified and eligible sponsor of a producer-to-consumer
market for locally-produced goods. Subsequently, the IURA received an application to
(sub)lease the site, from the Ithaca Farmers Market Cooperative, Inc. (IFM), which has
rented the site and operated there for the past 20 years. After consideration of the
application, the IURA determined that such a market qualified as economic revitalization
pursuant to the City’s Urban Renewal Plan, and that the IFM was a qualified and eligible
sponsor of such a market. The IURA proposal to enter in a sublease with the IFM
requires the consent of Common Council.
The actual, proposed sublease between the IURA and the IFM is in the process of
being drafted. Below is a summary of the main terms intended to be included in that
sublease, consistent with the provisions of the 11/5/08 Common Council resolution.
(The IFM previously indicated its acceptance of these terms.)
Summary of Proposed Sublease Terms
1. Parties: Ithaca Urban Renewal Agency (IURA) leases the property from the City of
Ithaca, so IURA would be Sublessor, and Ithaca Farmers Market Cooperative, Inc.,
would be Sublessee. [NOTE: Sewer plant site is supposed to be owned jointly by 3
municipal partners (though this was never implemented). City is exploring this possibility
with the partners. However, the Town of Ithaca has asserted that part or all of the
Steamboat Landing site should also be jointly owned; the City contests this. Despite
this dispute, the Town is agreeable to the City’s leasing and subleasing of the
Steamboat Landing site (to the IURA and IFM).]
2. Site boundaries: Subleased area will correspond with site currently occupied by
IFM (including dock), as shown on new survey map from TG Miller (now being
finalized). IFM occupancy will be subject to “easements” for maintenance or
replacement of outfall pipe and Cayuga Waterfront Trail, and possibly for future sewer
line to serve DOT site.
3. Lease term: 20 years (to 12/31/2028), with IFM option to renew for additional 20
years, on same terms, upon written notice to City at least one year prior to original
expiration date, subject to each party’s right of early termination.
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February 4, 2009
4. Early termination (by IFM): IFM may terminate lease on 6 months written notice.
At IFM’s option and IFM’s cost, and during such notice period, IFM may remove any or
all structures IFM constructed or installed, except for any docks. In the event of such
removal, IFM must restore affected areas of site to clean and level condition. Any
structures remaining at end of notice period, including all docks, become property of
City.
5. Early Termination by City/IURA:
a. During Initial Term: During the initial, 20-year term of this Lease, City/IURA
must be able to suspend or terminate lease, or modify boundaries of leased
premises, under the following conditions, and upon notice as set forth in
Paragraph 5(c), below:
(1) In the event of an emergency situation in which human life or safety are or
are likely to be imperiled unless the City is able to take or authorize action
that is inconsistent with the terms of this Lease (City not responsible to
compensate IFM for business interruption in the event of such an
emergency);
(2) After initial 5 years (plus notice period), in the event that the City adopts a
new area plan (involving part or all of the leased premises) that is
inconsistent with continued IFM use per lease.
(3) After initial 10 years (plus notice period), in the event that use of part or all
of the leased premises is essential for sewer plant purposes (e.g.,
expansion of capacity, or upgrade of treatment technology requiring
additional land);
b. During Renewal Term: If IFM exercises its option to renew this Lease for an
additional 20 years, City/IURA will have right to terminate Lease during that
term, for any reason (with same notice requirements).
c. Notice: In event of emergency-related termination or suspension as
described above, IFM is entitled to such notice as is practical and reasonable
under the circumstances; in other cases, IFM entitled to 3-year written notice.
d. In the event of early termination by City/IURA, if IFM vacates in less than 3
years from such notice, IFM will owe rent only for its period of actual
occupancy.
e. In the event of early termination by City/IURA, IFM at its option and expense
may, by end of notice period, remove any structures constructed or installed
by IFM, except for any docks. In the event of such removal, IFM must restore
affected areas of site to clean and level condition. Any structures remaining
at end of notice period, including all docks, become property of City.
f. Buy-out of certain improvements: In the event of early termination by
City/IURA, City will compensate IFM for the depreciated value of certain
structures on the site (that are not removed by IFM), as follows:
(1) As to structures built prior to execution of this Lease: Subject to the cap
on said amount set forth herein, buy-out amount will consist of initial value
or cost (as established herein by the parties), as depreciated on straight-
line basis, according to schedule established herein by the parties, for the
following, named items. (Generally, improvements constructed prior to the
execution of this Agreement will be deemed to have a 40-year useful life;
depreciation periods for those constructed after such time will be generally
consistent with those established for classes of improvements in Section
11.00 of the NYS Local Finance Law).
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February 4, 2009
(2) Cap on Buy-out: The maximum buy-out amount to be required of City will
be equal to one year’s rent - unless the IFM relocates thereafter within the
City of Ithaca, in which case the cap will be equal to four years’ rent – at
the then-current rate (except that the then-current/depreciated value of
any docks shall be excluded from the cap), plus direct repayment (by the
City) of any IFM grant monies that are recaptured as a result of the early
termination (provided that application for such grant was endorsed in
advance by IURA).
(3) As to improvements constructed or enhanced after execution of this
Lease: Will be eligible for buy-out (subject to cap) only if approved in
advance by IURA, with initial cost/value and expected lifetime to be
stipulated at that time
(4) No buy-out will be required for improvements constructed or enhanced in
area deemed “at risk” for sewer plant expansion (westerly of current plant
and easterly of existing overhead power lines) or in outfall pipe or Trail
easement areas, or constructed after City notice of early termination.
g. City will use best efforts to limit any expansion of sewer plant to “at risk” area
(and thus to offer a modified lease rather than to invoke early termination). In
the event that the City decides to invoke its right of early termination, it will
use best efforts to help IFM find another suitable location.
6. Owner’s (City’s) retained rights
a. Regarding Outfall Pipe: City will retain right to access, repair or replace
sewer plant outfall, without notice in event of emergency, and on 60 days
notice in non-emergency situation. Any required demolition will be done by
City, by City’s methods and at City’s cost, unless done by IFM, strictly per City
timetable and at IFM’s cost. City will use best efforts to minimize damage and
disruption, but will not be responsible for restoring site or any IFM building
above pipeline (or anything built in “at risk” area east of overhead power lines)
or for IFM’s lost income.
b. Regarding possible sewer line for NYSDOT site: City will retain right to grant
an easement for a sewer line to serve what is currently the NYS Department
of Transportation parcel. IFM will be entitled to at least 90 days’ notice of
work involved with the construction of such line.
c. Regarding Cayuga Waterfront Trail (CWT): City will retain right to grant an
easement for CWT, generally between IFM pavilion and the bank of Cayuga
Inlet or Cascadilla Creek, with a width of approximately 16 feet.
7. Rental fee: Base fee for 2009 and 2010 to consist of amount actually paid to City
for site in 2007 ($28,300). Starting with 2011, base fee for each year will be calculated
by adding to the base fee for previous year the rolling average of annual cost-of-living
increases, based on CPI for this region, for previous 10 years. (I.e., to calculate base
rental fee for 2011, average increase in CPI over period 1/1/00 to 1/1/10 will be used).
To be paid in four equal installments, by 6/1, 8/1, 10/1 and 12/1.
8. Use of Site:
a. By IFM: IFM must maintain its not-for-profit status and must operate a public
farmers/craft market at the site, featuring predominantly local or regional
products, at least 2 days/week and for at least 6 months/year. For IFM uses
other than such a market (if not specified in this sublease), need prior consent
of IURA.
b. Exclusive use by others: IFM can regulate use of pavilion, charge fee, keep
proceeds
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February 4, 2009
c. Use by general public: IFM cannot prohibit or restrict public entry into or
passive, non-exclusive use of site or dock (other than enclosed portions of
pavilion, or related buildings) when market is not in operation (or being rented
and actively used by others).
9. Improvements: Except for upgrades within footprint of existing buildings, or
addition of structures which do not require a building permit, IFM must secure prior
IURA approval for substantial improvements/additions not identified in lease (including
docks). Such approval may be conditioned upon modification of other terms of this
Lease, including rental fees and/or buy-out provisions. In any case, IFM must secure
any other required approvals or permits for improvements. Any construction above
outfall pipeline must be readily removable. (If IFM wants buy-out credit for any
improvement constructed after execution of this Lease, the initial value of such
improvement – for purpose of calculating any future buyout – and depreciation schedule
must be established by parties prior to IURA approval of improvement.)
10. Insurance: Lease will state types and level of coverage IFM must maintain
(initially: $1 million per event, $2 million annually); IURA can modify these terms after 2
years. City to provide insurance/indemnification for CWT.
11. Waste disposal: IFM must maintain septic system to required standards &
satisfaction of City (DPW, Health Dept and any other involved agency), or connect to
City sewer system.
12. Utilities: IFM responsible for water/sewer fees, electricity, telephone or other
utilities.
13. Upkeep of Site: IFM must maintain premises in generally neat and orderly
condition and in good repair, without accumulation of trash, debris or loose materials
(except for properly composted materials). IFM shall not store hazardous or dangerous
materials anywhere on site.
14. Reclassification of Tax Status: If County reclassifies property as taxable, IFM to
pay taxes. IFM may contest county determination, at IFM’s cost.
15. Eminent domain: Standard clause defining parties’ rights in event of exercise of
eminent domain by 3rd party.
16. Hold Harmless: Acknowledging proximity of site to City sewer plant, IFM (in its
corporate capacity) will hold City/IURA harmless with regard to any damage arising from
non-negligent acts or events at sewer plant.
17. Owner’s representative: IURA (except as otherwise noted).
18. Maintenance of IFM structures & site: By IFM.
19. City/IURA Commitment: City (& IURA) is committed to working closely with IFM
on issues of common concern, including shared use of parking areas, but City/IURA
cannot promise to maintain IFM’s buildings, internal roads, parking areas or dock(s),
provide assistance with landscaping or traffic control, or identify or provide overflow
parking site(s).
20. IFM role in planning: City recognizes IFM as having a significant stake in any
comprehensive planning for the area (including the DOT site) and will seek to include
IFM in relevant future discussions.
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February 4, 2009
11. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE
11.1 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter
325, Entitled “Zoning” to Amend Section 325-20 (“Off-street parking”)
By Alderperson Tomlan: Seconded by Alderperson Cogan
ORDINANCE NO.
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1:
Section 325-20 C(3)(b) of the City of Ithaca Municipal Code is hereby amended to add
the underlined text below:
C. General requirements.
(3) Number of off-street parking spaces required.
(b)Parking spaces required for specific uses. Off-street parking spaces shall be
provided and maintained in accordance with § 325-20C(2) by the property
owner for each use or building which is newly established, erected or enlarged
after the effective date of this section (March 6, 1996), as specified in the
following chart:
Use1 Spaces Required2
Dwelling unit
1 per 3 bedrooms or sleeping rooms,
plus 1 per 2 additional bedrooms or
sleeping rooms, plus 1 per additional
bedroom or sleeping room in excess of
5 such rooms
Section 2: Section 325-20 G of the City of Ithaca Municipal Code is hereby amended to
delete the following struck out text and add the underlined text:
G. Parking in WEDZ-1 District. [Added 3-1-2000 by Ord. No. 2000-2] The Board of
Planning and Development may approve notwithstanding Notwithstanding
anything contained herein to the contrary, where off-street parking abuts the
sidewalk in the WEDZ-1a or WEDZ-1b District, the two areas must be
separated by a low wall, with or without plantings, or a planted hedge. The
setback of the wall or hedge must meet the fifteen-foot minimum, twenty-foot
maximum setback requirement for new buildings. The area of the setback
shall include a minimum eight-foot-wide tree lawn, a minimum five-foot-wide
sidewalk and an additional two-foot distance between the sidewalk and the
wall or hedge. Where a fifteen-foot setback is not feasible, the Planning and
Development Board may approve a minimum eleven-foot-wide sidewalk
between the curb and the building facade. If parking and sidewalk are
separated by a low wall, the wall must be no less than three feet and no
greater than four feet high. A hedge planting may be substituted if the
planting area is at least four feet wide. The hedge shall be no less than three
feet and no greater than four feet high.
Section 3: Section 325-20 I(9) of the City of Ithaca Municipal Code is hereby amended
to delete the following struck out text:
I. Parking for the U-1 Zoning District.[Amended 1-10-2007 by Ord. No. 2007-2]
(9) If the parking spaces in any given control area are not delineated by striping,
then the total number of spaces shall be determined by using the parking space
requirements outlined under §325-20C(5) of the City of Ithaca Parking Ordinance for
parking areas with 11 or more parking spaces.
Section 4. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
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February 4, 2009
11.2 Adoption of the Collegetown Urban Plan & Design Guidelines as an Amendment to the City’s Comprehensive
Plan and Enactment of Related Zoning Amendments and Other Pertinent Changes to the Municipal Code – Declaration of
Lead Agency – Resolution
WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, Environmental Quality
Review (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such
review, in accordance with state and local environmental law, and
WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or
carrying out the proposed action, and
WHEREAS, the proposed adoption of the Collegetown Urban Plan & Design Guidelines as an amendment to the City’s
comprehensive plan and the enactment of related zoning amendments and other pertinent changes to the Municipal Code is a
"Type I" Action pursuant to CEQRO, thereby requiring environmental review, and
WHEREAS, while the Common Council is the only involved agency for the adoption of zoning amendments, the Board of Public
Works and the Common Council appear to be involved agencies with regard to the promulgation and adoption of new or revised
parking rules and regulations that may be needed to implement the Urban Plan, and the Common Council and the Planning and
Development Board are both involved agencies with regard to the adoption of the Urban Plan and Design Guidelines, and
WHEREAS, the Common Council declared its intent to be lead agency for the environmental review of the above noted action at its
meeting on July 2, 2008 and both the Planning and Development Board and the Board of Public Works have consented to the
designation of the Common Council as lead agency; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the coordinated
environmental review of the proposed adoption of the Collegetown Urban Plan & Design Guidelines, as well as the proposed
enactment of related zoning amendments and other pertinent changes to the Municipal Code.
Alderperson Tomlan explained changes in the substitute resolution to Council. She explained that staff has been working to finalize
the plan and that the Planning and Economic Development Committee had an extensive discussion on this at their last meeting.
She stated that because of the proposed hybrid type of zoning and its complexities for Collegetown that it complicates making a
decision on the final zoning for it. It was felt after the committee discussion that the zoning and parking guidelines would not be in
place by the end of the moratorium but that it was important to adopt the plan as a basis for that decision making process.
A Vote on the Resolution resulted as follows:
Motion to Consider Substitute Resolution:
By Alderperson Tomlan: Seconded by Alderperson Cogan
A vote on the motion to Substitute Item 11.2 Adoption of the Collegetown Urban Plan & Design Guidelines as an Amendment to the
City’s Comprehensive Plan and Enactment of Related Zoning Amendments and Other Pertinent Changes to the Municipal Code –
Declaration of Lead Agency – Resolution with a revised resolution resulted as follows:
Carried Unanimously
11.2 Adoption of the “Collegetown Urban Plan & Design Guidelines,” in Whole or in Part, as an Amendment to the City’s
Comprehensive Plan – Declaration of Lead Agency – Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, Environmental Quality
Review (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such
review, in accordance with state and local environmental law, and
WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or
carrying out the proposed action, and
WHEREAS, the proposed adoption of the “Collegetown Urban Plan & Design Guidelines,” in whole or in part, as an amendment to
the City’s comprehensive plan is a "Type I" Action pursuant to CEQRO, thereby requiring environmental review, and
WHEREAS, while the Common Council and the Planning and Development Board are both involved agencies with regard to the
adoption of the “Collegetown Urban Plan & Design Guidelines,” and
WHEREAS, the Common Council declared its intent to be lead agency for the environmental review of the adoption of the
“Collegetown Urban Plan & Design Guidelines” as well as the proposed adoption of related zoning amendments and new or revised
parking rules and regulations at its meeting on July 2, 2008, and both the Planning and Development Board and the Board of Public
Works, as potential involved agencies, have consented to the designation of the Common Council as lead agency, and
WHEREAS, it has been determined that the proposed adoption of related zoning amendments and of any codified design guidelines
and new or revised parking rules and regulations that may be necessary to implement the “Collegetown Urban Plan & Design
Guidelines” will be separate and subsequent actions; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the coordinated
environmental review of the proposed adoption of the “Collegetown Urban Plan & Design Guidelines,” in whole or in part, as an
amendment to the City’s comprehensive plan.
Carried Unanimously
12. REPORT OF SPECIAL COMMITTEES:
There were no reports from Special Committees.
Mayor Peterson requested that the following resolution be considered before item 13.1
in order to accommodate staff attending the meeting to speak to this topic.
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February 4, 2009
14. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14.1 Ithaca Fire Department – Temporary Position - Resolution
By Alderperson Korherr: Seconded by Alderperson Schuler
WHEREAS, on September 29, 2008, Fire Alarm Superintendent Richard J Srnka retired
after 34 years of service to the department and community; and,
WHEREAS, the position of fire alarm superintendent is a unique, one of a kind position,
requiring special knowledge, skills, and abilities not specified for any other position in
city employment; and,
WHEREAS, the 2008 Fire Department budget provided for a two and one-half month
overlap in positions to allow a transition period and on-the-job training for the new Fire
Alarm Electrician by the retiring Fire Alarm Superintendent; and,
WHEREAS, delays in hiring resulted in an overlap of the two positions of just one week,
which did not provide sufficient opportunity to transfer the volumes of information the
new fire alarm electrician needs to be able to effectively and efficiently perform one of
the core functions of the job – maintenance and repair of the City's Municipal Fire Alarm
System; and,
WHEREAS, the Municipal Fire Alarm System is a city-owned system that interconnects
building fire detection and alarm system with the fire department and the 911 Center,
and failure or interruption of service of the municipal alarm system will cause delays in
transmitting of fire alarms to the fire department as well as unnecessary exposure to
liability; and,
WHEREAS, section 181-3.C. of the city code authorizes the annual recovery of
expenses incurred in the maintenance and repair of the Municipal Fire Alarm System by
way of dividing such expenses equally among the properties receiving service from
such system; and,
WHEREAS, a period of additional on-the-job training and instruction for the Fire Alarm
Electrician will better prepare the incumbent to perform the full duties of the position as
regards the Municipal Fire Alarm System; and,
WHEREAS, the creation of a temporary fire alarm superintendent position will allow the
periodic and part-time employment of the former Fire Alarm Superintendent for the
purpose of providing additional on-the-job training and instruction to the incumbent Fire
Alarm Electrician; and,
WHEREAS, an existing capital project to upgrade the municipal fire alarm system is
awaiting coordination with the Tompkins County Department of Emergency Response –
Communications Center before proceeding; and,
WHEREAS, there will be specialized work required at the time the project is started;
and,
WHEREAS, the special knowledge, skills, and abilities, held by the former Fire Alarm
Superintendent will facilitate the build-out of this project; and,
WHEREAS, the work to be performed by this temporary position are directly related to
the maintenance and repair of the fire alarm system, meaning such costs associated
with this temporary position will be eligible for recovery under section 181-3.C. ; and,
WHEREAS, the anticipated budget expense to accomplish the work will not exceed
$5,000; and,
WHEREAS, the annual recovery for the current calendar year does not occur until the
succeeding year; now, therefore be it
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February 4, 2009
RESOLVED, a temporary fire alarm superintendent position is hereby authorized for a
period not to exceed nine months from date of authorization, nor 30 full time equivalent
(FTE) work days; and, be it further
RESOLVED, the funds to accomplish this shall come from existing appropriations in
Overtime Account A3410.5125, not to exceed $5,000; and, be it further
RESOLVED, the costs expended for the work in 2009 shall be recovered through
master box billing in 2010, per established procedure.
Mayor Peterson explained that this item came post City Administration Committee
meeting because the Vacancy Review Committee met later. She is putting forth the
resolution for Common Council consideration and noted that the Vacancy Review
Committee supported this request. She stated it would also cause a hardship for the
department to have to wait another month for it to go through City Administration
Committee.
Fire Chief Wilbur stated that he had arranged for this position to be included in the 2008
budget in order to have an overlap of positions. He further stated that the incumbent is
trying to perform the responsibilities, but it is a very important job with specific training
required and this overlap will provide that.
Alderperson Korherr stated that she completely understands the city’s current financial
situation but feels this position is critical to public safety. She noted that she would be
voting in support of the request.
Fire Chief Wilbur went on to explain the responsibilities of this position, the technology
involved in it, the complexity of it, and the need to learn trouble shooting techniques
from the past incumbent. He also explained how the City would recover some of the
costs of the position from the fees for master boxes on buildings that provide
interconnected fire alarm detection systems with the fire department.
Mayor Peterson stated that because this position has an impact on life safety it passed
the Vacancy Review Committee’s process.
A Vote on the Resolution 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 Winter Festival/ Chili
Cook-Off on the Commons – Resolution
By Alderperson Cogan: Seconded by Alderperson Rosario
RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the
sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider
at booths during the Winter Festival/Chili Cook-Off, February 21, 2009 on the Ithaca
Commons, 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 bottled wine and
bottled 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 $500,000.00, and shall provide
evidence of such insurance to the City Clerk.
Carried Unanimously
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February 4, 2009
13.2 Possible Motion to Enter Into Executive Session to Discuss Litigation
Between the City of Ithaca and Goldberg Concerning Eminent Domain –
Resolution
By Alderperson Dotson: Seconded by Alderperson Cogan
RESOLVED, That Common Council Enter Into Executive Session to Discuss Litigation
Between the City of Ithaca and Goldberg Concerning Eminent Domain.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session and took the following action:
Amendment of Capital Project Account #469, for Green Street Parking Garage
Rehabilitation – Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, in the matter of I. Stanley Goldberg v. City of Ithaca, regarding the value of
real property beneath a portion of the Green Street Parking Garage that was acquired
by the City of Ithaca in (2006) through an eminent domain proceeding, the Supreme
Court, Tompkins County (Judge Elizabeth Garry, presiding), determined, after a trial of
the matter, that the fair market value of the property exceeded the amount offered (and
paid) by the City (i.e., $970,000), by approximately $450,000, and
WHEREAS, on August 6, 2008, Common Council voted to increase the capital project
account for this project by an amount not to exceed $500,000, in order to pay the court-
ordered difference to Mr. Goldberg (plus statutory interest), which payment has in fact
been made, and
WHEREAS, subsequently, Mr. Goldberg sought recovery of his reasonable attorney’s
and appraiser’s fees (in the amount of $226,000) associated with his successful claim
regarding the value of the property, which fees are typically awarded when there is a
substantial variance between the price offered by a municipality and the value as
determined by a court; and
WHEREAS, following negotiation, the parties have agreed to settle the motion for
attorney’s and appraiser’s fees, pursuant to which settlement the City will reimburse
MR. Goldberg in the total amount of $190,000, in tow, equal installments, to be paid in
March 2009, and January 2010, without interest, and;
WHEREAS, said settlement will conclude this litigation and this matter, and will preclude
any further claims regarding this property by Mr. Goldberg; now therefore be it
RESOLVED, That Capital Project Account #469 is hereby increased in an amount not
to exceed $190,000, for the purpose of implementing the terms of the aforementioned
settlement; and be it further
RESOLVED, The funds necessary for said amendment be derived from an advance,
and later repaid by the issuance of serial bonds or by operating costs.
Ayes (7) Dotson, Rosario, Tomlan, Zumoff, Schuler, Myrick,
Cogan
Nays (2) Clairborne, Korherr
Abstentions (0)
Carried
15. MAYOR’S APPOINTMENTS:
15.1 Appointment of City Representative to the Business Improvement
District/Downtown Ithaca Alliance Board – Resolution
By Alderperson Schuler: Seconded by Alderperson Korherr
RESOLVED, That Alderperson Eric Rosario be appointed to the Business Improvement
District/Downtown Ithaca Alliance Board with a term to expire December 31, 2009.
Carried Unanimously
18
February 4, 2009
15.2 Bicycle Pedestrian Advisory Council – Resolution
By Alderperson Cogan: Seconded by Alderperson Rosario
RESOLVED, That Andrew B. Goodell be appointed to the Bicycle Pedestrian Advisory
Council to fill a vacancy with a term to expire December 31, 2010, and be it further
15.3 Board of Zoning Appeals – Resolution
RESOLVED, That Geoffrey G. Milz be appointed to the Board of Zoning Appeals to fill a
vacancy with a term to expire December 31, 2010, and be it further
15.4 Commons Advisory Board – Resolution
RESOLVED, That Ethan Ash be appointed to the Commons Advisory Board to fill a
vacancy with a term to expire December 31, 2010, and be it further
15.5 Youth Bureau Board – Resolution
RESOLVED, That Lizzy Noonan-Pomada be reappointed to the Youth Bureau Board
with a term to expire December 31, 2009.
Carried Unanimously
15.6 Cable Access Oversight Committee – Resolution:
By Alderperson Dotson: Seconded by Alderperson Clairborne
RESOLVED, That Rich DePaolo be appointed to the Cable Access Oversight
Committee to fill a vacancy with a term to expire December 31, 2009.
Carried Unanimously
16. REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Clairborne provided the following report from the Ithaca Urban Renewal
Agency to Council.
Community Development Lending
The IURA approved a $428K loan as part of a $750K project to transition ownership and
operation of the State Theatre from Historic Ithaca, Inc. to State Theatre Inc. (STI), a
newly constituted local non-profit organization dedicated to the sole mission of operating
the State Theatre as a performing arts theatre. Dan Smalls will be playing a lead role in
operating the theater under STI management. The IURA expressed appreciation to
Historic Ithaca, Inc. for reopening and operating the State Theatre since 2001. Historic
Ithaca invested over $2 million in capital improvements to the historic theater facility
during their ownership.
HUD Entitlement Grant, development of the 2009 Action Plan
The IURA has developed a recommended 2009 Action Plan listing 11 community
development projects recommended for funding. The largest single project is $500,000
for second-year funding for the GIAC building rehabilitation. A public hearing on the
2009 Action Plan and Consolidated Plan (a 5-year strategic plan) is scheduled before
the Planning & Economic Development Committee in March. The list of projects should
be available by early March.
Substantial community comment was received about the funding proposal for the $10
million McGraw House expansion proposal. No funding for McGraw House expansion
project is included in the IURA recommended Action Plan. McGraw House has decided
to postpone their 47-unit expansion project to take time to better address community
concerns. McGraw House is going ahead this month with a $6 million funding
application to renovate the existing 106-unit project built in 1971.
17. REPORT OF CITY CLERK:
Information Management Specialist Myers requested Common Council members
confirm whether or not they would be attending the Table Top Emergency Management
Exercise on February 12, 2009. The following Common Council members plan to
attend: Alderperson Zumoff, Alderperson Rosario, Alderperson Clairborne, and
possibly Alderpersons Tomlan and Schuler.
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February 4, 2009
18. REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that the City has conducted all required remedial actions
as a result of violations in handicapped accessible parking at various recreational areas
and the formal complaint has been closed.
Discussion followed on the floor regarding what, if any, further action Common Council
needs to take in regards to the eminent domain proceedings for Phase II of the Cayuga
Waterfront Trail.
19. MINUTES FROM PREVIOUS MEETINGS:
There were no minutes ready for approval.
Mayor Peterson distributed the 2009 Common Council standing committee and liaison
assignments and asked Common Council members to let her know if they had any
problems with them. She also reviewed the committee responsibilities and what
departments would report to each. She further noted that she has reserved the last
Wednesday of the month from 5:30 p.m. to 7:00 p.m. for Common Council Committee
of the Whole/Special meetings to discuss topics including the water supply decision.
Discussion followed on the floor regarding the request for Common Council members to
take turns attending the Tompkins County Legislature and Town of Ithaca Board
meetings on a rotating basis to provide reports from the City to them.
20. ADJOURNMENT:
On a motion the meeting adjourned at 11:00 p.m.
______________________________ _______________________________
Sarah L. Myers Carolyn K. Peterson,
Information Management Specialist Mayor