HomeMy WebLinkAboutMN-CC-2009-03-04COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. March 4, 2009
PRESENT:
Mayor Peterson
Alderpersons (7) Coles, Dotson, Rosario, Clairborne, Tomlan, Schuler, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Acting Planning & Development Director – Cornish
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
Deputy Fire Chief – Parsons
GIAC Director – Fort
Deputy GIAC Director – McBean-Clairborne
Police Chief – Vallely
Deputy Police Chief – Barber
EXCUSED:
Alderpersons Zumoff, Myrick, Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning & Economic Development Committee:
Mayor Peterson requested the addition of Item 9.4 Discussion Regarding Restore, NY
Pre-Application Process.
No Council member objected.
New Business:
Mayor Peterson requested the addition of the following items:
14.6 Possible Motion to Enter Into Executive Session to Discuss Proposed
Conveyance of Real Property
14.7 Possible Motion to Enter Into Executive Session to Discuss Pending Litigation
14.8 Possible Motion to Enter Into Executive Session to Discuss Proposed Acquisition
and/or Sale of Real Property
14.9 Possible Motion to Enter Into Executive Session to Discuss Matters that May
Imperil Public Safety
No Council member objected.
Mayor Peterson further requested that Item 16.1 Possible Motion to Enter Into
Executive Session to Discuss the Employment History of an Individual Employee and
Item 16.2 Appointment of the Director of Planning & Development – Resolution be
moved up for consideration before the Planning Committee items.
No Council member objected.
Mayor Peterson further requested that “Mayor’s Appointments” be considered prior to
the executive sessions.
No Council member objected.
Alderperson Clairborne arrived at 7:10 p.m.
March 4, 2009
2
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed the month of March, 2009 as Women’s History Month. The
National theme this year is “Women Taking the Lead to Save Our Planet”.
4. SPECIAL ORDER OF BUSINESS:
4.1 The J. Diann Sams Annual African American History Month Resolution
Honoring Ms. Marcia J. Fort in honor of African-American History Month -
Resolution
By Alderperson Clairborne: Seconded by Alderperson Rosario
WHEREAS, since 2004, the City of Ithaca Common Council has recognized an
individual in our community of great esteem and stellar leadership during African
American History Month and, in so doing, established a tradition of honoring
outstanding leadership, courage against unspeakable odds, and an unwavering vision
that is in keeping with the vision of African American History Month's founder Dr. Carter
G. Woodson; and
WHEREAS, Common Council first bestowed this honor in 2004 on the late J. Diann
Sams, a long-time public servant, civil rights leader, and first African-American woman
who was also disabled to serve on Common Council; the 2005 honoree was Dr. James
Turner, a world-renowned scholar and founder of the Africana Studies and Research
Center at Cornell University; in 2006 we honored Mr. Calemeze (Cal) D. Walker, a well-
respected scholar, associate director of Cornell University’s Learning Strategies Center,
visionary leader, and deacon at the historic Calvary Baptist Church; and in 2007 this
recognition went to Mrs. Frances Eastman, a long-time Southside community resident,
first woman of color supervisor of medical records at Cayuga Medical Hospital, former
civil service commissioner, and past recipient of the Tompkins County “Senior citizen of
the Year”; in 2008 Ms. Lucy J. Brown was honored for her unwavering commitment to
social justice and forging strong partnerships between various organizations and
institutions throughout our community; and
WHEREAS, this annual recognition was renamed in 2007 in honor of former
Alderwoman J. Diann Sams, and her tireless efforts on behalf of African Americans and
other underrepresented populations in and around Ithaca; and
WHEREAS, Dr. Woodson’s lifelong devotion during the early to mid-20th century to
educating African Americans about their own culture and history as part of U.S. history
led to the modern-day, month-long observance of Black History, or African American
History, Month that highlights the positive impact on society of people such as this
award’s recipients; and
WHEREAS, another such individual who has made an indelible stamp upon history and
is so revered that she is worthy of community support and recognition is Ms. Marcia J.
Fort, a longtime Ithaca resident whose service to this community has established a
stellar example for all to model; and
WHEREAS, during more than two decades at the helm of the Greater Ithaca Activities
Center (GIAC), a City of Ithaca department, Ms. Fort, in the words of this award’s past
recipients, “is widely recognized as an effective and trusted leader who contributes
greatly toward furthering the cause of social justice, equity, and inclusion throughout our
community”; and
WHEREAS, having established herself as a strong advocate for those whose voices are
often not heard or listened to, Ms. Fort answers unhesitatingly many calls to speak at
local and regional educational institutions and community organizations on the topics of
diversity, inclusion, leadership and oppression; and
WHEREAS, as the executive director of GIAC, Ms. Fort has helped create, according to
the panel of past awardees: “a venerable community institution that has an impressive
record of serving the varied needs of broadly diverse populations and is a model for
others”; and
March 4, 2009
3
WHEREAS, one such example occurred in 1998 when GIAC hosted then-First Lady
Hillary Rodham Clinton during a visit to Ithaca in which she participated in a panel
discussion, moderated by Ms. Fort, on child-care issues; and
WHEREAS, Ms. Fort’s reputation has helped garner state and local honors such as the
New York State Harriet Tubman Humanitarian Achievement Award, Community Dispute
Resolution Center’s Martin Luther King Jr. Peacemaker Award, City Federation of
Women’s Organizations Inc.’s Women Making History Award, Tompkins County Human
Rights Commission’s Corrine Galvin Award, Cornell University Public Service Center’s
Civic Leaders Fellowship, and the Multicultural Resource Center’s Rere Sojourner
Hassett Award (of which she was the first recipient); and
WHEREAS, Ms. Fort counts as most significant of her accomplishments the raising of
her two daughters, as a single parent, with the knowledge, skills, and abilities to be
activists and leaders themselves, a feat guided, in part, through her long-time, personal
friendship with and tutelage under the late Alderwoman Sams; and
WHEREAS, in its statement of nomination, the panel of past honorees conclude:
“Marcia’s tireless efforts are helping to transform the social fabric of our community as a
whole, and are fully consistent with the spirit of Ms. Diann Sams for whom this award is
named”; now therefore be it
RESOLVED, That the City of Ithaca Common Council urges all citizens to recognize the
invaluable contributions of this positive, affirming, and dedicated citizen, Ms. Marcia J.
Fort, who, through her advocacy and collaboration with numerous people, agencies,
and institutions help further the education of our community and leaders throughout the
nation about the invaluable role of history, particularly African-American history, in our
society; and be it further
RESOLVED, that in so doing, Ms. Fort is worthy of honor, not only each year in
February, but throughout the entire calendar year.
Carried Unanimously (7-0)
GIAC Director Marcia Fort addressed Council and the audience to thank them for the
special recognition. She thanked her family and noted that she was fortunate to be
raised in a family where community service was a high priority. She stated that she is
able to do the work that she does because she is surrounded by people who join with
her in the daily struggles. She noted that she often feels that if change is going to come
in the world, Ithaca will be a focal point as we will have started the movement right here.
Alderperson Coles noted that she had heard about Marcia Fort through a mutual friend
before she even moved to Ithaca. She commented that Marcia has surpassed all of
the wonderful things that were said about her, and that it was an honor and pleasure to
know her.
Town of Ithaca Report
Town Board Member Bill Goodman extended congratulations to Ms. Fort from the Town
of Ithaca.
Town Board Member Goodman further reported that the Town has created an ad-hoc
committee to investigate possible trails on West Hill. Some of the trails being considered
include: a trail from West Hill to connect the Town of Ithaca with the City of Ithaca; the
“gateway” trail to connect the Town of Ithaca to the City border; a walkway from Cayuga
Medical Center to the City of Ithaca along Route 96; and continued discussions about
the Black Diamond Trail. He said the Town of Ithaca would welcome ideas and support
from the City of Ithaca on these initiatives.
4.3 Update from Ithaca Health Alliance on Their Work with the Uninsured of
Tompkins County
Bethany Schroeder, President of the Board of the Ithaca Health Alliance, and Rob
Brown, Office Manager for the Health Alliance updated Common Council on some of
the services the Clinic provides such as:
March 4, 2009
4
Acupuncturist services for veterans
Occupational Therapy program
Mental Health program
Pre-Employment physicals
The Ithaca Free Clinic is in its 4th year of operation; in 2006 there were 851 patient
visits, in 2007 there were 1,880 patient visits, and in 2008 there were 2,091 patient
visits. Less than half of these visits are with new patients. They have outgrown their
current location and are looking for a larger facility. Volunteers have provided 5,000
hours of service. The Clinic has served approximately 20% of the county’s uninsured at
least once.
Alderperson Coles noted that most Common Council members have had a chance to
read and sign a letter of support for the Alliance. Alderperson Cogan noted that it was
amazing to see how much progress the Ithaca Health Alliance has made since he
signed on as its 3rd member 12 years ago. He urged everyone to join the Alliance and
to make a contribution to the Free Clinic.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Board of Fire Commissioners
Fire Commissioner Tom Hoard addressed the Board regarding the following items from
January 2009:
The City/Town fire contract negotiations are ongoing.
There were seven fires in the City and one in the Town.
There were eighty-nine EMS calls; seven with injuries; one involving a pedestrian
Two hundred fifty-six total calls in the City; total response time was three to six minutes
Due to the economy people are finding alternative ways to heat their houses leading to
fires and carbon monoxide poisoning.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Robert Andree, City of Ithaca, addressed Council regarding Phase II of the Cayuga
Waterfront Trail. He has received 1,471 signatures on a petition in opposition to the trail.
He is in favor of building a bridge from Cass Park to the Ithaca Farmers’ Market. He
requested that his proposal of a bridge be placed on Common Council’s agenda for
April 1, 2009.
Ted Schiele, Tompkins County Health Department addressed Council regarding the
active promotion of cigar sales at the Fast Track Gas station on the corner of Route 13
and Buffalo Street. He noted that the promotion appears to price the tobacco product
below regulated prices.
Joel Harlan, Town of Newfield, addressed Council in support of Mr. Andree’s proposal
of a bridge from Cass Park to the Ithaca Farmers’ Market. He encouraged the City to
repair damaged sidewalks. Mr. Harlan further asked Common Council members to
attend events that include low income constituents.
Neil Oolie, City of Ithaca, addressed Council regarding the 2009 forty-hour fast being
sponsored by the Tompkins County Workers’ Center titled “Looking Out for Each Other:
Nurturing Compassion and Solidarity in Hard Times”. He also stated that he was not
supportive of the increased security measures at City Hall as he felt it spreads more
fear throughout the community.
Fay Gougakis, City of Ithaca, addressed Council in support of the petition in opposition
to Phase II of the Cayuga Waterfront Trail. She further addressed Council regarding the
use of cell phones while driving. She voiced her opposition to the dual designation of
State Street/Martin Luther King Street as she feels it is a safety concern for drivers.
She further noted that she did not believe the topic of race should have been connected
to the discussion.
March 4, 2009
5
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles announced that there would be a meeting regarding the
contamination on South Hill on March 5, 2009 at 7 p.m. at the Ithaca Town Hall.
Alderperson Rosario reported that a lot of work has been done regarding the outdoor
smoking issue; however, the regular meetings of the sub-committee were interrupted so
that a comprehensive review of the subject could be completed. He stated that he
expects to resume the sub-committee meetings this Spring.
8. CONSENT AGENDA ITEMS:
8.1 Department of Public Works - Request Amendment # 5 to the Capital
Project for the Engineering Services Agreement for Miscellaneous Plant
Improvements, New Septage Unloading Facility at the Ithaca Area Wastewater
Facility CP 416J - Resolution
By Alderperson Cogan: Seconded by Alderperson Rosario
WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital
Improvements, and
WHEREAS, Capital Project 409J Ithaca Area Wastewater Treatment Plant was
authorized by Common Council in 2007 for $1,504,950, and
WHEREAS, staff in association with the Plant’s consulting engineers, Stearns & Wheler,
LLC have estimated the cost for the next phase of engineering services, amendment
#5, including design, bidding, and construction phases for miscellaneous plant
improvements of the New Septage Unloading Facility to be $135,500, and
WHEREAS, the allocation of costs for previously authorized engineering service
contract for this project (409J) to Stearns and Wheler is as follows:
Original Contract #1 $74,000
Amendment #2 7,000
Amendment #3 35,500
Amendment #4 14,000
$130,500
and,
WHEREAS, the Special Joint Committee (SJC) approved said contract amendment at
its meeting of December 10, 2008 contingent on fund availability, and
WHEREAS, Common Council Authorized funding in the amount of $1,504,950 on
December 5, 2007, amended on May 7, 2008 for the 2008 phase I (year 1 of 5) 416J
miscellaneous plant improvements project, and the low bid awarded for the work on
August 13, 2008 amounted to $960,910, leaving a balance of $544,040, or more than
the $135,500 needed for the engineering services component of the 416J project for the
2009 phase (year 2 of 5) New Septage Unloading Facility; now, therefore be it
RESOLVED, That Common Council hereby recommends an amendment in the amount
not to exceed $135,500 to the previously authorized engineering services agreement
with Stearns & Wheler, LLC for additional engineering services to this project giving a
total engineering contract cost not to exceed $266,000, and be it further
RESOLVED, That Common Council hereby authorizes this project amendment
contingent upon action by all wastewater partners committing their percentage of
reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer
Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $77,425
Town of Ithaca 40.88 55,392
Town of Dryden 1.98 2,683
$ 135,500
and be it further
March 4, 2009
6
RESOLVED, That funds necessary for said engineering contract amendment shall be
derived from existing Miscellaneous Plant Improvement Project authorization
Carried Unanimously (7-0)
9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
16.1 Possible Motion to Enter Into Executive Session to Discuss the
Employment History of an Individual Employee - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
RESOLVED, That Common Council Enter Into Executive Session to Discuss the
Employment History of an Individual Employee.
Carried Unanimously (7-0)
Reconvene:
Common Council reconvened into regular session with no formal action taken.
16.2 Appointment of the Director of Planning & Development - Resolution
By Alderperson Rosario: Seconded by Alderperson Tomlan
RESOLVED, That JoAnn Cornish-Epps be and hereby is appointed to the position of
Director of Planning and Development, at the 2009 Management Compensation Plan
salary of $73,984, effective March 5, 2009.
Carried Unanimously
Alderperson Cogan stated that he was very pleased that this process has been
concluded. He further stated that it is great to have a native Ithacan who knows the
community so well, at the helm of the Department of Planning and Development.
Mayor Peterson noted that she was happy to have the selection process completed.
She extended her congratulations to Ms Cornish-Epps and her family. She also
thanked all the staff who worked so hard to cover the vacancies during the past year.
Alderperson Rosario stated that this is a history making event and very appropriate to
be done during Women’s History month. He stated that Ms. Cornish-Epps would be the
first woman Director for the Department of Planning and Development.
9.1 Department of Planning & Development 2009 Priority Projects – Review of
the Department’s 2009 Priority Projects and Work Program, and Approval of the
Priority Projects for 2009 (Revised February 13, 2009) - Resolution
By Alderperson Dotson: Seconded by Alderperson Tomlan
Department of Planning & Development
Mission Statement
Under the direction of the Mayor, Common Council, and the Planning and Development
Board, the Department of Planning & Development provides City government, citizens,
and others with planning services that promote timely and informed decisions on
courses of action designed to further the social, economic, and environmental goals of
the community, thereby enhancing Ithaca as a great place to live, work, learn, conduct
business, and play.
WHEREAS, the Department of Planning & Development's proposed 2009 Priority
Projects and Work Program have been reviewed by the Planning & Economic
Development Committee of the City of Ithaca Common Council; now, therefore, be it
RESOLVED, That Common Council approves the Department of Planning &
Development's 2009 Priority Projects, which are listed, unranked, below:
1. City Comprehensive Plan
2. Commons Infrastructure Improvements Planning and Design
3. Completion of Collegetown Urban Plan, Design Guidelines, and
Zoning Revisions
4. Dredging
5. Hotel Ithaca Project
6. Implementation of City Housing Strategy
7. Southwest Area Development
March 4, 2009
7
The following is a more detailed, but not exhaustive, list of project related
responsibilities. For additional information, questions, and concerns on any of the listed
projects, feel free to contact me or the appropriate staff person identified as lead or
manager.
I. PRIORITY PROJECTS/MAJOR PLANNING INITIATIVES
1. City Comprehensive Plan
Project Manager: Leslie Chatterton
Project Team: Leslie Chatterton, Megan Gilbert, Jennifer Kusznir
Draft the plan framework.
Develop process for consultant selection.
Develop process for community participation and feedback.
Coordinate comprehensive planning efforts with the Town of Ithaca,
the Tompkins County Planning Department, Cornell University,
Ithaca College, and other involved institutions and jurisdictions.
Work to develop formats for input and feedback on draft plans from
stakeholder groups.
Prepare recommendations for adoption by Common Council of the
plan including compliance with environmental review processes.
2. Commons Infrastructure Improvements Planning and Design
Project Manager: Jennifer Kusznir
Project Team: Jennifer Kusznir, Phyllisa DeSarno, JoAnn Cornish
The first phase of the project is intended to develop a plan and
preliminary design for three alternatives that can be evaluated by
the City and the public before deciding if, how, and when to
proceed with physical improvements to the Commons.
Work with consultants in the evaluation of the conditions of the
existing utilities and consideration of alternative methods for repair
or replacement.
Public outreach to determine existing deficiencies and future needs
of the Commons and to evaluate the least impacting method and
timing of proceeding with this project.
Evaluation of alternative surface material that will be more durable,
require less maintenance, and be accessible to repair utilities
without having significant patching and repairing afterward.
Evaluation of fire safety concerns and determining how best to
address these needs.
3. Completion of Collegetown Urban Plan, Design Guidelines, and
Zoning Revisions
Project Manager: Leslie Chatterton
Project Team: Leslie Chatterton, Megan Gilbert, and Bob Sweet as
needed
Determine feasibility (and possible implementation) of a Business
Improvement District (“BID”) in Collegetown.
Develop regulatory framework and legislative tools such as zoning
amendments and binding design review.
Explore financing mechanisms for public improvements in
Collegetown.
Prepare recommendations for adoption by Common Council of the
plan, guidelines, design review, zoning amendments, etc., including
compliance with environmental review processes.
4. Dredging
Project Manager: Lisa Nicholas
Project Team: Lisa Nicholas, JoAnn Cornish
Assist consultants with inventories, documents, and other work as
needed.
March 4, 2009
8
Explore financing mechanisms for city’s share of dredging
operations.
Administer grant monies.
Prepare recommendations for adoption by Common Council
including compliance with environmental review processes.
5. Hotel Ithaca Project
Project Manager: Jen Kusznir
Project Team: Jen Kusznir, Nels Bohn, JoAnn Cornish, Phyllisa
DeSarno
• Work with developer Jeffrey Rimland, various City departments,
and other agencies (NYSDOT, TCAT) to coordinate and advance
the proposed hotel project for the east side of the Rothschild
building.
6. Implementation of City Housing Strategy
Project Manager: Nels Bohn
Project Team: Nels Bohn, JoAnn Cornish, Sue Kittel, Phyllisa
DeSarno
• Work with City and County officials, to establish housing programs
that will benefit area residents such as an employer assisted
housing program, a housing affordability fund, and a community
housing trust.
7. Southwest Area Development
Project Manager: Lisa Nicholas
Project Team: Lisa Nicholas, JoAnn Cornish, Nels Bohn, Jennifer
Kusznir
• Implementation of the Southwest Vision Statement.
• Work with prospective Master Developers McCormack, Baron, and
Salazar and Elinor Bacon (MBS/Bacon) in determining the function
of a stakeholder/oversight committee or other form of community
participation for project programming, design, implementation, and
phasing.
• Work with MBS/Bacon in the production of documents related to
project, such as, project program, design, financing, zoning, and
other regulatory instruments.
• Negotiate predevelopment, preferred developer, and other similar
critical project agreements.
II. ADDITIONAL PROJECTS/WORK ITEMS – Revised February 25, 2009
1. Inlet Island Development, Continue working with the selected preferred
developer and Common Council toward development of Inlet Island,
Continue efforts to acquire the parcel owned by New York State
Department of Environmental Conservation (“NYSDEC”), complete
development of the 100-car city-owned parking lot.
2. Collegetown Development Projects, Review of anticipated new
development proposals following expiration of the moratorium
3. Development of the Ithaca Gun Factory Site and the Adjacent Ithaca
Falls Natural Area; Work with the New York State Department of
Environmental Conservation and Fall Creek Redevelopment, LLC, to
remediate and redevelop the former Ithaca Gun Factory Site, Administer
ERP Grant Funding for the environmental investigation and remediation of
the City owned overlook area.
March 4, 2009
9
4. Completion of Cayuga Green and Associated Projects, Work with
Bloomfield + Schon Partners on the 20-30 unit housing project known as
Cayuga Green 3, on Cinemapolis to complete construction and begin
theater operations, and lease remaining commercial space in Cayuga
Garage and at Cayuga Place.
5. Implement $4 million GIAC Facility Rehabilitation Project
6. Review Major Cornell University Development Projects
7. Complete Environmental Review of City Water Supply Alternatives
8. McGraw House Expansion
9. West End Projects and Improvements
10. Ongoing issues related to the NYSEG Coal Tar Remediation Site
11. Community Development – HUD Entitlement Grant Program, Adopt
2009 Action Plan and 5-year update of the Consolidated Plan for guiding
use of HUD Entitlement grant funds.
12. Coordinate and Restructure City’s Capital Project Program, including
call for projects, project review, project selection, and Common Council
involvement.
13. Develop Revisions to the Landmarks Ordinance
14. Revise Design Review Ordinance and Develop Citywide Design
Guidelines
15. Revise Environmental Quality Review Ordinance to include green
construction techniques, carbon footprint reduction, and energy and
greenhouse gas reduction.
16. Revise Site Plan Review Ordinance to include new stormwater
regulations, pedestrian and bicycle standards, planting and landscaping
standards, increased public notification times, etc.
17. Standardize Planning Department Filing System, for both paper and
electronic files. Consider microfilming existing paper files. Consider
implementing an address based filing system to coordinate with Building
Department filing system resulting in a “one click” database for all
information relating to a particular property.
18. Standardize Public Notification Procedures for Site Plan Review,
Subdivision Review, and Ithaca Landmarks Preservation Commission
projects.
19. Update City of Ithaca Zoning Map and Chart
20. Update Planning Department’s Web Site Information in accordance with
the new City of Ithaca’s Web Site
Possible Additional Projects:
1. City Liaison to Neighborhoods for environmentally contaminated
sites that represent a significant threat to human health or the
environment (NYSDEC Class 2 or higher designation)
2. Prepare Fall Creek Recreational River Management Plan
March 4, 2009
10
3. Access resources that become available through federal economic
stimulus programs
Alderperson Clairborne expressed his thanks to the department for adding the West
End Projects and Improvements to the list. He stated that he is interested in having
Common Council participate in the project prioritization so that the Planning Director
can properly oversee projects.
Alderperson Rosario noted that the work plan stresses the importance of Community
Development Director Bohn’s work on these critical projects.
A Vote on the Resolution resulted as follows:
Carried Unanimously (7-0)
Recess for Advice of Counsel Session:
By Alderperson Schuler: Seconded by Alderperson Dotson
RESOLVED, That Common Council recess for advice of Counsel.
Carried (6-0)
(Alderperson Cogan absent from vote)
9.2 Declaration of Intent to be Lead Agency for the Proposal to Clarify
Ownership and Possible Transfer of Air Rights Above a Portion of the Rothschild
Building and the Green Street Parking Garage, in Connection with Construction
of a Proposed Hotel That Would Project Into Such Air Space - Resolution
By Alderperson Dotson: Seconded by Alderperson Cogan
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead
agency be established for conducting environmental review of projects in accordance
with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the City of Ithaca is considering a proposal to clarify ownership and
possible transfer of air rights above a portion of the Rothschild Building and the Green
Street Parking Garage, in connection with construction of a proposed hotel that would
project into such air space, and
WHEREAS, this is an Unlisted Action pursuant to the City of Ithaca Environmental
Quality Review Ordinance (CEQRO) and the New York State Environmental Quality
Review Act, (SEQRA) which requires review under both CEQRO and SEQRA, and
WHEREAS, the Board of Public Works, the Planning Board, and the Board of Zoning
Appeals are other potentially involved agencies with respect to the construction of the
hotel,
WHEREAS, segmentation of this action (clarification and possible transfer of air rights)
from future phases of the project has been determined feasible and appropriate per
CEQRO §176-3 G., given that:
1. The proposal to clarify ownership and possible transfer of air rights above
a portion of the Rothschild Building and the Green Street Parking Garage,
in connection with construction of a proposed hotel that would project into
such air space, by the Common Council is a discrete project and is not
dependent upon any further phases of the project, and
2. The Common Council, by undertaking this action, does not commit the
City to approval of any future phases of the overall project, and
3. Segmentation of the environmental review for the proposal to clarify
ownership and possible transfer of air rights above a portion of the
Rothschild Building and the Green Street Parking Garage, in connection
with construction of a proposed hotel that would project into such air
March 4, 2009
11
space from the future phases of the overall project will not be less
protective of the environment than combining said review with review of
the overall project, now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca, by way of this resolution,
declares intent to act as Lead Agency in Environmental Review for the proposal to
clarify ownership and possible transfer of air rights above a portion of the Rothschild
Building and the Green Street Parking Garage, in connection with construction of a
proposed hotel that would project into such air space.
Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson Coles
RESOLVED, That the Resolution be amended to read as follows:
“Declaration of Intent to be Lead Agency for the Proposal to Clarify Ownership of
Air Rights Above a Portion of the Rothschild Building and the Green Street
Parking Garage, in Connection with Construction of a Proposed Hotel That Would
Project Into Such Air Space - Resolution
WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead
agency be established for conducting environmental review of projects in accordance
with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the City of Ithaca is considering entering into a boundary line agreement in
order to clarify ownership of air rights above a portion of the Rothschild Building and the
Green Street Parking Garage, in connection with construction of a proposed hotel that
would project into such air space, and
WHEREAS, this is an Unlisted Action pursuant to the City of Ithaca Environmental
Quality Review Ordinance (CEQRO) and the New York State Environmental Quality
Review Act, (SEQRA) which requires review under both CEQRO and SEQRA, and
WHEREAS, the Board of Public Works, the Planning Board, and the Board of Zoning
Appeals are other potentially involved agencies with respect to the construction of the
hotel,
WHEREAS, segmentation of this action (clarification of air rights) from future phases of
the project has been determined feasible and appropriate per CEQRO §176-3 G., given
that:
1. The proposal to clarify ownership of air rights above a portion of the
Rothschild Building and the Green Street Parking Garage, in connection
with construction of a proposed hotel that would project into such air
space, by the Common Council is a discrete project and is not dependent
upon any further phases of the project, and
2. The Common Council, by undertaking this action, does not commit the
City to approval of any future phases of the overall project, and
3. Segmentation of the environmental review for the proposal to clarify
ownership of air rights above a portion of the Rothschild Building and the
Green Street Parking Garage, in connection with construction of a
proposed hotel that would project into such air space from the future
phases of the overall project will not be less protective of the environment
than combining said review with review of the overall project, now,
therefore be it
RESOLVED, That the Common Council of the City of Ithaca, by way of this resolution,
declares intent to act as Lead Agency in Environmental Review for the proposal to
clarify ownership of air rights above a portion of the Rothschild Building and the Green
March 4, 2009
12
Street Parking Garage, in connection with construction of a proposed hotel that would
project into such air space.”
Carried Unanimously (7-0)
Main Motion As Amended:
A Vote on the Main Motion As Amended resulted as follows:
Carried Unanimously (7-0)
Item 9.3 was moved to Item 14.8.
9.4 Restore NY Pre-Application Process:
Community Development Director Bohn explained that the City is looking to apply for
additional funding for the Ithaca Gun re-development project, and the downtown
Commons upper story project. He explained that the pre-application deadline is March
9, 2009 and the final application deadline is May 4, 2009. He explained what funding is
available and how the projects would be identified. He recommended that the City
submit a pre-application that identifies both projects and have Common Council vote on
which project to include in the final application.
Discussion followed on the floor with Common Council members asking questions
about the funding process.
10. CITY ADMINISTRATION COMMITTEE:
10.1 Adoption of the City of Ithaca Pre-Disaster Mitigation Plan - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, the City of Ithaca, with the assistance from the City Clerk and City’s
Department of Planning and Development, has gathered information and prepared the
“City of Ithaca Pre-Disaster Mitigation Plan,” dated SEP 06, and as approved by the
Federal Emergency Management Agency (FEMA) on 17 DEC 08; and
WHEREAS, the SEP 06 version of the “City of Ithaca Pre-Disaster Mitigation Plan” has
been prepared in accordance with the Disaster Mitigation Act of 2000; and
WHEREAS, the City of Ithaca is a local unit of government that has afforded the citizens
an opportunity to comment and provide input in the Plan and the action in the Plan; and
WHEREAS, the City of Ithaca has reviewed the Plan and affirms that the Plan will be
updated no less than every five years; now, therefore, be it
RESOLVED, That Common Council adopts the SEP 06 version of the “City of Ithaca
Pre-Disaster Mitigation Plan” as this jurisdiction’s Natural Hazard Mitigation Plan, and
resolves to execute the actions in the Plan.
Carried Unanimously (7-0)
10.2 Creation of Working Committee to Update the City of Ithaca Pre-Disaster
Mitigation Plan - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, at their regular meeting on 04 MAR 09, the City of Ithaca Common Council
adopted the “City of Ithaca Pre-Disaster Mitigation Plan,” dated SEP 06, as approved by
the Federal Emergency Management Agency (FEMA) on 17 DEC 08, hereinafter known
as “the Plan”; and
WHEREAS, adoption of the Plan was the final step in a seven year effort for approval
from FEMA to be granted; and,
WHEREAS, City adoption of the plan starts the five-year period for which this plan has
been approved by FEMA, and during which FEMA has indicated that ongoing revision is
expected and desired in order to insure the plan is current and relevant; and,
WHEREAS, during the adoption process certain mitigation projects within the plan were
completed, while others were identified as not current and no longer relevant; and,
March 4, 2009
13
WHEREAS, the Mayor and Common Council wish to make the Plan a working
document, useful in emergency management planning, mitigation, response, and
recovery; now, therefore be it
RESOLVED, That a working committee including members of Common Council, City
Staff, and others, shall be appointed to begin immediately the task of updating the Plan;
and, be it further
RESOLVED, This working committee shall present any and all proposed modifications
to the New York State Emergency Management Office and to Common Council through
the appropriate committee for consideration and approval.
Carried Unanimously (7-0)
10.3 Youth Bureau - Request to Gov. Paterson to Reconsider Proposed
Reduction to Youth Programs - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, Governor David A. Paterson has proposed a Deficit Reduction Plan to
reduce the New York State budget deficit; and
WHEREAS, Youth Bureau funding is included in this reduction plan; and
WHEREAS, the NYS State Fiscal Year 2009-10 Executive Budget consolidates current
youth programs and juvenile detention services and appropriations into a block grant
called the Youth Programs Block Grant; and
WHEREAS, the changes being contemplated could result not in increased funding but
in a proposed 24.5% reduction in funding for youth programs, and
WHEREAS, Common Council believes the proposed block grant of services combines
youth prevention and intervention services with state mandated services and that
combining detention and intervention services as proposed in this block grant is
detrimental to our young people; and
WHEREAS, if adopted as proposed, the plan could greatly reduce, threaten, or
otherwise impact negatively the City’s Youth Bureau’s provision of services to our City’s
youth, and
WHEREAS, we also believe that the prevention services provided by the Youth Bureau
system, as per Executive Law, Article 19a, are designed to prevent the need for more
costly services, such as detention; now, therefore be it
RESOLVED, That Common Council declares its concern about the ramifications of this
proposed change to youth services funding; and be it further
RESOLVED, That we strongly urge Governor Paterson and the New York State
Legislature to consider the impact that implementation of this proposal will have on over
two million youth statewide; and be it further
RESOLVED, That Common Council requests that the Governor and the New York
State Legislature delay making any changes to current youth programs and juvenile
detention services appropriations until such time as a plan that can maintain services
and the separation of detention services and prevention services, can be crafted; and
be it further
RESOLVED, That a copy of this resolution, with the seal of the City of Ithaca embossed
thereupon, be delivered to Governor Paterson and to our New York State legislators in
the Senate and Assembly.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That the third Resolved clause be amended to read as follows:
“RESOLVED, That while we understand the need to close the budget gap, Common
Council requests that the Governor and the New York State Legislature delay making
any changes to current youth programs and juvenile detention services appropriations
March 4, 2009
14
until such time as a plan that can maintain services and the separation of detention
services and prevention services, can be crafted; and be it further”
Carried Unanimously (7-0)
Main Motion As Amended:
A Vote on the Main Motion as amended resulted as follows:
Carried Unanimously (7-0)
10.4 Human Resources - Request for Approval for TCAT out of County Fare
Program - Resolution
By Alderperson Coles: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca offers free TCAT transportation for City employees
commuting within Tompkins County, and
WHEREAS, the City, with its high priority for sustainability efforts wishes to encourage
employees to utilize public transportation, and
WHEREAS, TCAT is currently selling out of county monthly passes for $90, and
WHEREAS, upon review by the Controller, the Chamberlain, and the Human Resources
Director, it is their recommendation that the City provide a discount for City employees
who purchase a monthly pass for the out of county TCAT routes, now therefore be it
RESOLVED, That Common Council hereby authorizes the Chamberlain to purchase
TCAT out of county monthly bus passes and resell them to City employees at a
discount rate of $50 for the sole use by the employee, and be it further
RESOLVED, That the discount is contingent upon the signing of a Memorandum of
Understanding with the appropriate bargaining unit that allows the City flexibility to
adjust the discount rate as it deems necessary without a subsequent Memorandum of
Understanding.
Alderperson Clairborne questioned how many employees would be affected by this
program, and what the City pays for the service. He voiced his concerned about the
stress on City taxpayers. City Controller Thayer responded that this would only impact
1 or 2 employees, and that the City would pay $40 per month or less.
Alderperson Dotson noted that she understands and agrees with Alderperson
Clairborne’s concerns; however, the City currently allows employees to ride the bus
within the County for free. The City pays $1.00 per ride, so this monthly subsidy would
match what is already provided to the other employees.
Alderperson Cogan stated that this program would also free up employee parking
spaces in the garage, and would allow the City to sell those parking spaces.
Alderperson Clairborne suggested that perhaps the Residency legislation should be re-
visited, as he does not believe that the City taxpayers should be providing subsidies to
people who choose to live out of the County.
A vote on the Resolution resulted as follows:
Ayes (6) Coles, Dotson, Rosario, Tomlan, Schuler, Cogan
Nays (1) Clairborne
Abstentions (0)
Carried (6-1-0)
City Controller’s Report:
City Controller Thayer reported to Common Council on the following items:
The 2007 audit is being completed;
2008 activity is being closed out;
A State audit is underway focusing on capital project planning & internal controls
March 4, 2009
15
2009 Financial Activity:
Sales tax revenues are 7% ahead of 2008 activity (the City is currently the only
community in the County with positive sales tax revenues).
The economy remains weak and he’ll continue to monitor potential impacts to the
City.
There do not appear to be any impact on property tax collections based on the
economic decline.
Many questions remain about the Stimulus Plan. The Governor has replaced the
proposed $100,000 reduction in CHIP funding to the City.
Discussions are on-going regarding how to fund the labor component of the new
security measures in City Hall. The material costs are being covered by capital
project funds.
LEGISLATIVE COMMITTEE:
There were no items submitted for the agenda.
NEIGHBORHOOD & PUBLIC SAFETY COMMITTEE:
There were no items submitted for the agenda.
REPORT OF SPECIAL COMMITTEES:
There were no reports from Special committees.
16. MAYOR’S APPOINTMENTS:
16.1 Appointment of Members of the Youth Council - Resolution
By Alderperson Clairborne: Seconded by Alderperson Cogan
RESOLVED, That the following Youth be appointed to the Youth Council:
Full Voting Members:
Robby Ainslie (Enfield)
Philip Anderson (City of Ithaca)
Douglas Fernandez (City of Ithaca)
Emilee Finklestein (Village of Cayuga Heights)
Jasmine Haynes (City of Ithaca)
Kelvin Kim (City of Ithaca)
Cameron Younger (Town of Ithaca)
Vacant (City of Ithaca)
Vacant (City of Ithaca)
Vacant (City of Ithaca)
Associate Members:
Addy Davidoff (City of Ithaca)
Harmony Graves (City of Ithaca)
JP Kaya (City of Ithaca)
Dana Malcolm (City of Ithaca)
Jen Handy, Youth Bureau Advisor to the Youth Council, noted that the Advisory Board
received sixty (60) nominations for the Youth Council. She stated that it was a privilege
to read through the applications and resumes, and get to know the youth. She noted
that she is very excited to be working with these young adults that will serve on the
Youth Council.
A Vote on the Resolution Resulted As Follows:
Carried Unanimously (7-0)
16.4 Appointment for Tompkins County Environmental Council Seat -
Resolution
By Alderperson Dotson: Seconded by Alderperson Rosario
RESOLVED, That Joanne Trutko be appointed to the Tompkins County Environmental
Management Council Seat for a two-year term to expire December 31, 2010.
Carried Unanimously (7-0)
March 4, 2009
16
16.5 Appointments to Various Boards/Committee:
Natural Areas Commission:
By Alderperson Clairborne: Seconded by Alderperson Schuler
RESOLVED, That Alison Fromme be appointed to the Natural Areas Commission to
replace Zev Ross with a term to expire December 31, 2011, and be it further
Public Art Commission:
RESOLVED, That John P. Criscitello be appointed to the Public Art Commission to fill a
vacancy with a term to expire June 30, 2011, and be it further
RESOLVED, That Caleb Thomas be appointed to the Public Art Commission to fill a
vacancy with a term to expire June 30, 2011, and be it further
Workforce Diversity Advisory Committee:
RESOLVED, That Jhakeem Haltom be appointed to the Workforce Diversity Advisory
Committee to replace Rick Ferrel with a term to expire December 31, 2010.
Carried Unanimously (7-0)
14. NEW BUSINESS:
14. Motion to Enter Into Executive Session to Discuss Proposed Acquisition
and/or Sale of Real Property ; Matters That May Imperil Public Safety ;
Conveyance of Real Property ; and Pending Litigation – Resolution
By Alderperson Coles Seconded by Alderperson Rosario
RESOLVED, That Common Council Enter Into Executive Session to Discuss Proposed
Acquisition and/or Sale of Real Property ; Matters That May Imperil Public Safety ;
Conveyance of Real Property ; and Pending Litigation.
Carried (6-0)
(Alderperson Cogan absent from vote)
Reconvene:
Common Council reconvened into regular session with no formal action taken.
14.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Schuler
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor
dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (7-0)
March 4, 2009
17
14.2 Taste of Thai Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Schuler
WHEREAS, the City Clerk has received a request to allow the Taste of Thai Restaurant to
utilize certain areas along the Primary Commons for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Taste of Thai Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Taste of Thai
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (7-0)
14.3 Simeon’s Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Schuler
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant
that includes the sale of alcohol in accordance with the terms and conditions set forth in
the application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (7-0)
14.4 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution
By Alderperson Dotson: Seconded by Alderperson Schuler
WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize
certain areas along Aurora Street for outdoor dining, and
March 4, 2009
18
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sushi O Sake Japanese Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi
O Sake Japanese Restaurant that includes the sale of alcohol in accord with the terms
and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (7-0)
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
There were no individual member filed resolutions.
REPORTS OF COMMON COUNCIL LIAISONS:
There were no reports from Common Council liaisons.
REPORT OF CITY CLERK:
The City Clerk had no report.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that the City has been named as a defendant along with
New York State in a lawsuit filed by Cornell University regarding enforcement of the
New York State Building Code.
Motion to Extend Meeting:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That the meeting be extended to 12:06 a.m. in order to complete all the
agenda items.
Carried Unanimously (7-0)
MINUTES FROM PREVIOUS MEETINGS:
20.1 Approval of the January 7, 2009 Regular Common Council Meeting Minutes
– Resolution
By Alderperson Tomlan: Seconded by Alderperson Schuler
RESOLVED, That the Minutes of the January 7, 2009 Regular Common Council
Meeting be approved with noted corrections, and be it further
20.2 Approval of the January 12, 2009 Special Common Council Meeting
Minutes – Resolution
RESOLVED, That the Minutes of the January 12, 2009 Special Common Council
Meeting be approved with noted corrections, and be it further
20.3 Approval of the February 4, 2009 Regular Common Council Meeting
Minutes – Resolution
RESOLVED, That the Minutes of the February 4, 2009 Regular Common Council
Meeting be approved with noted corrections, and be it further
20.4 Approval of the February 11, 2009 Special Common Council Meeting
Minutes – Resolution
RESOLVED, That the Minutes of the February 11, 2009 Special Common Council
Meeting be approved with noted corrections, and be it further
March 4, 2009
19
20.5 Approval of the February 25, 2009 Special Common Council Meeting
Minutes – Resolution
RESOLVED, That the Minutes of the February 25, 2009 Special Common Council
Meeting be approved with noted corrections.
Carried Unanimously (7-0)
ADJOURNMENT:
On a motion the meeting adjourned at 12:05 a.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor