HomeMy WebLinkAboutMN-CC-2009-04-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. April 1, 2009
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning & Development Director – Cornish
Community Development Director – Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
Building Commissioner – Radke
City Planner – Kusznir
Economic Development Director - DeSarno
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested the deletion of Item 12.2 “Request to Establish a Capital
Project for Training Center Expansion – Resolution”. She stated that it would be
forwarded to the Neighborhoods and Public Safety Committee for further discussion.
Neighborhoods & Public Safety Committee:
Alderperson Schuler requested the addition of a committee report.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed the week of March 27 - April 7, 2009 as “World Water Day
for UNICEF in the City of Ithaca”. Mr. Mac Larsen accepted the award and noted that
contributions collected in Ithaca equated to 86,000 days of clean water for children who
are at risk of illness and death from drinking polluted water.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update from Ithaca Hours:
Steve Burke, President of Ithaca Hours, addressed Council to provide an update on the
history of Ithaca Hours, the different denominations offered, and the increased interest
from around the world on the program. He noted that the Ithaca Hours organization is
undertaking an outreach campaign to local businesses including the City of Ithaca and
Cornell and explained the cost to join and the benefits of joining for both members and
local businesses.
5.2 Report from Town of Ithaca:
Town of Ithaca Board Member Tee Ann Hunter, addressed Council on the following
topics:
Various Verizon cell tower applications have been received throughout the County, and
the Town of Ithaca is considering how to assess the technical data provided with the
need for three area towers. The Town of Ithaca is interested in working with the City of
Ithaca and the Town of Dryden on this issue.
The Town of Ithaca held a forum on gas drilling which was well attended. The Town
would like to work cooperatively with Tompkins County and other municipalities to
review potential environmental impacts.
The Health Consortium discussions are moving ahead.
April 1, 2009
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5.3 Report from Tompkins County Legislature:
Tompkins County Legislator, Nathan Shinagawa, addressed Council to report on the
following:
The County is focusing on performance management in order to make County
government more efficient. He explained the components of the evaluation system.
The Health Consortium is gaining momentum throughout New York State. It has the
potential to save taxpayers millions of dollars.
He also commented briefly on proposed salary increases for county legislators, the
employee free-choice act, and the Collegetown plan.
4. SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the 2009 Collegetown Urban Plan and
Conceptual Design Guidelines
Resolution to Open the Public Hearing:
By Alderperson Dotson: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to Consider the 2009 Collegetown Urban Plan
and Conceptual Design Guidelines be declared open.
Carried Unanimously
Attorney Dirk Galbraith presented a protest signed by 8 property owners affected by the
proposed new zoning in Collegetown.
The following people addressed Council to discuss issues regarding the proposed R-3C
Zoning District and the Urban Plan Design Guidelines:
Karen Wolchetsky, Town of Ithaca
Kristopher Matthews, City of Ithaca
Diane Orcutt, City of Ithaca
James Orcutt, Jr., City of Ithaca, on behalf of Mr. Ryder, owner of 114 Summit Place
Ryan Lavin, City of Ithaca
Kate Duch, City of Ithaca
Asa Craig, City of Ithaca
Jeannie Altavilla, City of Ithaca
Allen Miller, City of Ithaca
Josh and Kristi Lower, City of Ithaca
Trish Kendall, Cascadilla School Head Mistress, City of Ithaca
Dan Kelleher, City of Ithaca
Tony Miller, City of Ithaca
Joel Harlan, Town of Newfield
Ed Strong, City of Ithaca
Sharon Marx, Collegetown Property Manager
Ramu Nachippan, City of Ithaca
Rachel Bland, Town of Lansing
Ann Clavel, City of Ithaca
Susan Brown, City of Ithaca
Frances Weisman, City of Ithaca
John Schroeder, City of Ithaca, Chair of the City of Ithaca Planning Board
Christopher Basil, City of Ithaca
Michael Fraker, City of Ithaca
Fay Gougakis, City of Ithaca
Steel J.
Resolution to Close the Public Hearing:
By Alderperson Dotson: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to Consider the 2009 Collegetown Urban Plan
and Conceptual Design Guidelines be declared closed.
Carried Unanimously
April 1, 2009
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Council in opposition to the proposed new R-3C zoning
and in support of the Goody-Clancy Plan for Collegetown:
Trish Kendall, Cascadilla School Head Mistress, City of Ithaca
Ed Strong, City of Ithaca
Kristi Lower, City of Ithaca
Josh Lower, City of Ithaca
City Clerk Holcomb read for the record a letter from Harold Schultz, Collegetown
Resident/Business Owner
Mollie Devoe, City of Ithaca, addressed Council to update them on the status of the
proposed project at the Skatepark. She reported that the project had been “shelved”
due to lack of support from the City and it is at risk of losing capital project funding.
Fay Gougakis, City of Ithaca, addressed Council in opposition to the Martin Luther King
Street dual designation of State Street.
Joel Harlan, Town of Newfield, addressed Council regarding the effect that change has
on a community.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Peterson thanked all the speakers for their comments.
Alderperson Korherr thanked the speakers for their comments, especially Josh and
Kristi Lower for their visual presentation. She further noted that her contact information
is in the process of changing but constituents may reach her by e-mail until a new
phone number is available. She thanked Alderpersons Coles and Clairborne for their
support.
Alderperson Myrick thanked all the speakers for coming out to speak.
Alderperson Tomlan responded to comments made in opposition to the proposed R-3C
zoning changes.
Alderperson Cogan thanked the speakers and responded to comments made by Mr.
Orcutt, Jr.
Alderperson Dotson disclosed that her employer receives a donation of space from the
Lower’s. She responded to comments made by Mr. Orcutt, Jr. She further announced
that there would be a joint meeting of the Planning Board and the Planning and
Development Committee on the Collegetown Design Guidelines on Tuesday, April 7,
2009, at 6:30 p.m. in the second floor conference room. This meeting is a working
session and will not include public comment. There will be a public comment period at
the Planning and Economic Development Committee meeting on April 15, 2009 at 7:00
p.m. She noted that she would like to follow-up with Ms. Devoe regarding the skatepark.
Alderperson Rosario thanked the speakers and responded to comments made about
the skatepark. He noted that tough decisions on staffing for projects need to be made;
however if funding is at risk, he would like to re-visit the issue.
Alderperson Clairborne thanked the speakers for all of their different comments about
the proposed changes in Collegetown. He noted that he did not hear any comments
that he would consider “middle ground”. He extended congratulations to Ithaca Housing
Authority for being the recipient of the 2009 Energy Star Award for energy efficient,
affordable, housing. The Ithaca Housing Authority also received a $649,000 Federal
grant for capital improvements. He further responded to comments made regarding the
skatepark and noted that he would like to re-visit the issue.
Mayor Peterson noted that the skatepark issue just recently came to her attention. She
thanked those who have attended field trips to the City Water Plant and Bolton Point,
the Cayuga Waterfront Trail, and the Hangar Theatre. She also announced that there
would be a special Common Council meeting on April 16, 2009 at 7:30 p.m. That
agenda will include: a presentation on Phase II investigation on the Southwest area;
April 1, 2009
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IURA – Restore NY Grant application; and Water Plant issues. She noted that a few
more meetings may need to be scheduled in order to meet the goal of making a
decision on the water plant selection in September 2009.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Public Works Approval of Uncontested 2008 Sidewalk Assessments-
Resolution
By Alderperson Cogan: Seconded by Alderperson Korherr
WHEREAS, notices of defect, public hearings and notices of assessment were provided
to property owners related to the installation and repair of their sidewalks in 2008, and
WHEREAS, The Board of Public Works has approved the finalization of the attached list
of assessments, now, therefore be it
RESOLVED, That Common Council directs the City Chamberlain to collect such
assessments, and be it further
RESOLVED, That these assessment bills shall be payable in accordance with § C-73.
Sidewalks. E. Assessments for Sidewalk Improvements.
Carried (8-0)
(Alderpersons Myrick and Zumoff absent from vote)
8.2 City Clerk - Request to Amend 2009 Budget for Public Information
Consultant - Resolution
By Alderperson Cogan: Seconded by Alderperson Korherr
WHEREAS, Common Council, as part of the 2009 City Budget, included $18,000 in the
Restricted Contingency account for the purposes of funding a public information
initiative, and
WHEREAS, the Public Information Officer Team (PIOT) is requesting that these funds
be released from Restricted Contingency for the purposes of funding one consultant to
work on the community newsletter project, and related office supplies to fund this
initiative; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the City Controller to transfer an
amount not to exceed $8,000 from Restricted Contingency Account #A1990 to account
# A1316-5435 to fund one consultant position and related office supply costs to fund
this initiative. Carried (8-0)
(Alderpersons Myrick and Zumoff absent from vote)
NEIGHBORHOODS & PUBLIC SAFETY COMMITTEE:
Alderperson Schuler reported on the following events:
The Women in History Museum held at GIAC yesterday was a great event.
The GIAC Community Kitchen will host its Grand Opening on 4/8/09 from 1:30 pm to
2:30 pm.
The Citizen Pruner Training Program is underway.
She reported that Carol Kammen had written another book entitled “Brief History of
Ithaca” and encouraged people to read it.
Alderperson Schuler further reported that the next Neighborhoods & Public Safety
Committee meeting would be held on Monday, April 6, 2009 at 7:00 pm in observance
of the Passover holiday.
LEGISLATIVE ISSUES COMMITTEE:
No items were submitted for the agenda.
April 1, 2009
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11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
11.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” to Create the R-3c Zoning District and to Rezone Portions
of the R-3a Zoning District in the City of Ithaca
A. Declaration of Lead Agency for Environmental Review – Resolution
By Alderperson Dotson: Seconded by Alderperson Korherr
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City
Environmental Quality Review (“CEQR”) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of the zoning amendment to create
the R-3c zoning district and to rezone portions of the R-3a zoning district in the City of
Ithaca.
Carried Unanimously
B. Determination of Environmental Significance – Resolution
By Alderperson Dotson: Seconded by Alderperson Schuler
WHEREAS, the City of Ithaca is considering a proposal to create the R-3c zoning
district and to rezone portions of the R-3a zoning district, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Full Environmental Assessment Form (“FEAF”), and
WHEREAS, this zoning amendment has been reviewed by the Tompkins County
Planning Department pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is a “Type I” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the FEAF as amended on March 18, 2009, prepared by planning staff; now,
therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Discussion followed on the floor regarding Item #19 regarding “public controversy”.
Alderperson Myrick noted that he believes there is a larger impact than is indicated on
the form (small to moderate) so he will not support this Resolution. Mayor Peterson
questioned whether that category should be removed from the form as public
controversy is not an environmental impact.
April 1, 2009
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A Vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Rosario, Tomlan, Zumoff, Cogan,
Schuler
Nays (2) Myrick, Korherr
Abstentions (0)
Carried
C. An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” to Create the R-3c Zoning District and to Rezone Portions of the
R-3a Zoning District in the City of Ithaca
By Alderperson Dotson: Seconded by Alderperson Coles
ORDINANCE NO. 09-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Declaration of Legislative Findings and Purpose
Common Council finds that the creation of a new R-3c Residential Zoning District:
1. Will ensure that new construction is compatible with the existing urban fabric in
terms of height, lot coverage and/or placement on the lot.
2. Will reduce zoning incentives for the demolition of buildings that contribute to
the character of the Collegetown area.
3. Will stabilize the higher-density multiple residence zones that are transition
areas between the business zones of central Collegetown and the surrounding
lower-density R-1 or R-2 neighborhoods.
Section 2.
Chapter 325, Section 325-4 of the Municipal Code of the City of Ithaca is hereby
amended to add a new zoning district to be known as the R-3c Residential Zoning
District.
Section 3.
The Official Zoning map for the City of Ithaca shall be amended to change the zoning
designation of the portions of the R-3a Zoning District that include the following parcels
to R3C: 64.-1-2, 64.-1-4, 64.-1-1, 64.-2-6, 64.-2-18, 64.-2-7, 64.-2-5, 64.-2-4, 64.-2-2,
64.-2-8, 64.-2-24, 64.-2-20, 64.-2-22, 64.-2-15, 64.-2-23, 64.-2-17, 64.-2-19, 64.-2-13,
64.-2-14, 64.-8-1, 64.-8-2, 64.-8-3, 64.-8-4, 64.-8-5, 64.-7-1, 64.-8-9, 64.-8-10, 64.-8-11,
64.-9-3, 64.-9-4, 64.-9-5, 67.-3-2, and 67.-3-3. (For the boundary location, see also
attached map, entitled, “Current R-3a Zone, Proposed for Designation as R-3c Zone.”)
Section 4.
The Zoning District Regulation Chart for the City of Ithaca shall be amended to add the
new R-3c district regulations as follows:
Columns 1-7 are the same as the existing R-3a regulations.
Column 8: Maximum height of building: Number of stories: 3
Column 9: Maximum height of building: Height in feet: 35 feet
Column 10: Maximum percentage of lot covered by buildings: thirty (30) percent.
Column 11: Yard dimensions, front, required minimum: 20.
Column 12: Yard dimensions, side, one side at least: 10
Column 13: Yard dimensions, side, other at least: 10.
April 1, 2009
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Column 14/15: Yard dimensions, rear, percent of depth or number of feet,
whichever is less: at least 25% or 50 feet.
Column 16: Minimum building height: Two stories.
Section 5.
The City Planning and Development Board, the City Clerk and the City Department of
Planning and Development are hereby authorized to amend and certify the Official
Zoning Map and the District Regulations Chart in accordance with the amendments
made herewith.
Section 6. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
City Attorney Hoffman explained that Section 83 of NYS General City Law states that
"an amendment of a zoning ordinance shall be effected by a simple majority vote of the
council, except that an amendment shall require the approval of at least three-fourths of
the members of the council, in the event such amendment is the subject of a written
protest, presented to the council and signed by: (a) the owners of twenty percent or
more of the area of land included in such proposed change..."
City Attorney Hoffman stated that a written protest of the proposed zoning change had
been presented to Common Council earlier in the meeting and appears to be signed by
20% of the affected property owners. There must be a super majority vote of approval
(8 out of 10 Council members) in order for the ordinance to be approved. He further
stated that he cannot at this point in time, attest to the validity of the petition/ownership
and that the appropriate percentage of properties have been achieved. He noted that if
the petition is found to be invalid, the legislation would pass upon receiving six
affirmative votes.
Extensive discussion followed on the floor with Common Council members expressing
their opinions of the proposed development in Collegetown, impacts on residential
neighborhoods, process flaws, and issues that remain unresolved.
Motion to Extend the Meeting:
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That the meeting be extended to midnight in order to complete the rest of
the business of the meeting.
Ayes (9) Coles, Rosario, Clairborne, Zumoff, Tomlan, Schuler, Myrick,
Cogan, Korherr
Nays (1) Dotson
Abstentions: (0)
Carried
Motion to Call the Question:
By Alderperson Coles: Seconded by Alderperson Cogan
RESOLVED, That the question be called on consideration of the proposed ordinance to
amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” to Create the
R-3c Zoning District and to Rezone Portions of the R-3a Zoning District in the City of
Ithaca.
Carried Unanimously
A Vote on the Ordinance Resulted as Follows:
Ayes (6) Coles, Dotson, Rosario, Tomlan, Schuler, Cogan
Nays (4) Zumoff, Clairborne, Korherr, Myrick
Abstentions (0)
May or may not be considered carried
pending determination of validity of petition in protest
April 1, 2009
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Post Script Note:
City Attorney Hoffman provided the following Legal Opinion, dated April 2, 2009, of the
Protest Received on April 1, 2009 Regarding the R-3C Rezoning:
“During the public hearing at the beginning of the Common Council meeting on April 1,
2009, Attorney Dirk Galbraith delivered to Council a written Protest with the notarized
signatures of eight different property owners. The document states that the
undersigned “protest the enactment of an ordinance to amend the Municipal Code of
the City of Ithaca, Chapter 325, entitled ‘Zoning’ to establish certain district regulations
and to change the zoning description of certain areas of the City of Ithaca (see
attached).” The attachment is a copy of the proposed ordinance that appeared on the
agenda of the April 1st Council meeting, and which would establish the R3C zoning
district and apply it to 33 listed tax parcels in the Collegetown area.
According to NYS General City Law, Section 83, "an amendment [of a zoning
ordinance] shall be effected by a simple majority vote of the council, except that an
amendment shall require the approval of at least three-fourths of the members of the
council, in the event such amendment is the subject of a written protest, presented to
the council and signed by: (a) the owners of twenty percent or more of the area of land
included in such proposed change." [Two other criteria for qualified signatories are
listed in the law, but they are not applicable to this protest.]
The signatories claim to be the owners of 21 of the 33 affected tax parcels. A search of
the on-line records of the Tompkins County Assessment Office shows that all of the
signatories are in fact listed as current owners of the parcels in question. For your
information, on occasion I have found there to be a lag in the updating of property
ownership data in the Assessment Department’s online database. It is possible, then,
that very recent changes in ownership of these parcels may not be listed yet. More in-
depth research would be necessary to insure that there are no such instances.
The State law bases the effectiveness of the protest on the proportion of total, affected
land area that the signatories own. To provide a precise calculation of this would
require a determination of the land area of each of the 33 parcels. At this point, I have
not gone through that exercise.
Instead, I have marked the 21 parcels owned by the protestors on a tax map, and
outlined the boundaries of the proposed R3C district. While certainly not precise, this
method provides a graphic illustration of the general proportions of the protest. There is
no question in my mind that the protest represents more than half of the total area within
the proposed R3C district, and probably in the vicinity of 60-65%.
To return to the question of whether the signatories are still the current owners, it would
appear that the Assessment Department records would have to be out of date in the
case of at least 5-7 different properties, in order for the proportion of area represented
by the protest to fall below the required 20%; this seems unlikely.
Therefore, it is my opinion, based on the above information, that the Protest is valid and
effective, and that the required majority in favor of the proposed ordinance (at least 75%
of Council members) was not achieved.”
11.2 Proposal to Enter Into a Boundary Line Agreement in Order to Clarify Air
Rights Above Portions of the Rothschild Building and the Green Street Parking
Garage
A. Declaration of Lead Agency – Resolution
By Alderperson Dotson: Seconded by Alderperson Korherr
WHEREAS, the Common Council of the City of Ithaca is considering an offer to enter
into a boundary line agreement in order to clarify the ownership of air rights above that
portion of the City’s Green Street Parking Garage that is located above a portion of the
so-called Rothschild Building (on Tax Map Parcel No. 70-4-4.2), in connection with
construction of a proposed hotel that would project into such air space, and
April 1, 2009
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WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposal to enter into a boundary line agreement is an “unlisted” action
pursuant to the City’s Environmental Quality Review Ordinance (CEQRO), therefore
requiring environmental review under CEQRO, and
WHEREAS, on March 4, 2009, the Common Council declared its intent to act as lead
agency for the environmental review of this action (as segmented from future phases of
the proposed hotel project), and
WHEREAS, the City’s Board of Public Works is the other potentially involved agency
with regard to the boundary line agreement (the City’s Planning and Development
Board and Board of Zoning Appeals being potentially involved agencies only with regard
to future phases of the proposed hotel project, which phases have been segmented
from the proposed boundary line agreement, for the purpose of environmental review),
and
WHEREAS, the Board of Public Works has consented to the Common Council’s acting
as lead agency for this action; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
to be lead agency for the environmental review of the proposal to enter into a boundary
line agreement to clarify air rights above portions of the Rothschild Building and the
Green Street Parking Garage.
Carried Unanimously
Alderperson Korherr left the meeting at 11:15 p.m.
B. Determination of Environmental Significance – Resolution
By Alderperson Dotson: Seconded by Alderperson Tomlan
WHEREAS, the owner of the property located at 220 East Green Street, in the City of
Ithaca (Tax Map Parcel No. 70-4-4.2), namely, Ithaca Properties, LLC, proposes to
develop a new hotel on a small parcel of land near the eastern end of the Ithaca
Commons, adjacent to the so-called Rothschild Building and the easterly end of the
Green Street Parking Garage, and
WHEREAS, in order to facilitate the number of rooms needed to make the proposed
hotel a viable project, Ithaca Properties, LLC, is investigating having the upper stories of
the proposed hotel overhang a portion of the Rothschild Building and the Green Street
Parking Garage by a maximum of twelve feet, and
WHEREAS, ownership of the air rights above this portion of the Rothschild building and
the Green Street Garage is unclear, due to a series of complex and interrelated property
transactions which occurred in anticipation of, as well as subsequent to, the
development of the Center Ithaca and Rothschild Buildings, and the Green Street
Garage, and
WHEREAS, in order to clarify air rights above this portion of the Rothschild Building and
the Green Street Garage, the City of Ithaca and Ithaca Properties, LLC, are considering
entering into a boundary line agreement, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), and
WHEREAS, this proposal has been reviewed by the Tompkins County Planning
Department Pursuant to §239-l–m of the New York State General Municipal Law, which
requires that all actions within 500 feet of a county or state facility, including county and
state highways, be reviewed by the County Planning Department, and has also been
April 1, 2009
10
reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca
Planning and Development Board, and
WHEREAS, the proposed action is an “unlisted” action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca has declared itself to be the Lead
Agency for environmental review of this action, and
WHEREAS, for the purposes of environmental review, the Common Council has
segmented the proposed boundary line agreement from the proposed hotel itself, for the
reasons set forth in its resolution of March 4, 2009, and
WHEREAS, the Common Council, acting as Lead Agency, has reviewed the SEAF
prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as Lead Agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Short Environmental
Assessment Form dated March 10, 2009, and be it further
RESOLVED, That this Common Council, as Lead Agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Alderperson Dotson stated that the Short Environmental Assessment form has been
reviewed with the City Attorney and the Planning & Economic Development Committee.
She noted that City Attorney Hoffman just reviewed the letter from Tompkins County,
and the boundary line agreement is not subject to review under General Municipal Law.
Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson Coles
RESOLVED, That the sixth Whereas clause be amended to read as follows:
“WHEREAS, this proposal has been reviewed by the City of Ithaca Conservation
Advisory Council, and the City of Ithaca Planning and Development Board, and”
Carried (9-0)
(Alderperson Korherr absent from vote)
Main Motion As Amended:
A Vote on the Main Motion As Amended resulted as follows:
Carried (9-0)
(Alderperson Korherr absent from vote)
C. Authorization of Boundary Line Agreement, Regarding Certain Claimed
Air Rights Above the Green Street Parking Garage – Resolution
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, Ithaca Properties, LLC (formerly known as 4250 Vets Highway, LLC),
which corporation is the owner of City of Ithaca Tax Map Parcel No. 70-4-4.2 (which
property includes and hereinafter will be referred to as the Rothschild Building),
proposes to construct a new, 10-story hotel on the vacant, southeasterly portion of said
property; and
WHEREAS, Ithaca Properties, LLC (as successor to 4250 Vets Highway, LLC), holds
an option to purchase a sliver of land immediately to the east and north of the
aforementioned property, from the Ithaca Urban Renewal Agency, which agency has
designated said corporation as an eligible and qualified sponsor of urban renewal
activity, and which sliver of land would serve as part of the footprint for the proposed
hotel; and
April 1, 2009
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WHEREAS, when the current Rothschild Building was constructed, a portion of the
upper decks of the City’s Green Street Parking Garage (hereinafter, Green Street
Garage) was built immediately above it, pursuant to various, interrelated and complex
development agreements and conveyances negotiated and executed in the early
1970s; and
WHEREAS, Ithaca Properties, LLC, wishes to construct its hotel such that the five or six
upper stories include an overhang of approximately nine feet to the west, extending out
over the easterly end of the Green Street Garage; and
WHEREAS, after an initial review of the title to Tax Parcel No. 70-4-4.2, and the
aforementioned development agreements, the City Attorney has been unable to
determine with certainty (at least absent further, more time-consuming investigation) the
extent of the City’s air rights (and/or those of others) that are associated with (or
supplementary to) the portion of the Green Street Garage that is above the Rothschild
Building; and
WHEREAS, the Superintendent of Public Works has indicated that, to the extent that
the City has any claim to the air rights above the top deck of the Green Street Garage
(i.e., above the space now used for vehicle circulation and appurtenances on said top
deck), the City has no need, from a public works standpoint, now or in the foreseeable
future, to use or possess said upper air space above the most easterly 12 linear feet of
the Green Street Garage; and
WHEREAS, it would be in the interest of the City to establish with more certainty (and
without the cost of legal action) the extent of its air rights above the Green Street
Garage, in such a way that enhances the City’s claim to the bulk of said air rights; and
WHEREAS, to address the parties’ respective interest with regard to this mater, Ithaca
Properties, LLC, is prepared to enter into a boundary line agreement with the City of
Ithaca, pursuant to which (1) the City would quit claim to that corporation any air rights
the City may have that are located 15 or more fee above the most easterly 12 linear feet
of the top deck of the Green Street Garage, and 92) Ithaca Properties, LLC, would quit
claim to the City any air rights that corporation may have above the remainder of the
portion of the Green Street Garage that is located above the Rothschild’s Building
(approximately 193 linear feet), and assume responsibility for the recording costs or
fees associated with such transaction; now therefore be it
RESOLVED, That the Mayor be and hereby is authorized, upon the advice of the City
Attorney, to execute on behalf of the City a boundary line agreement with the owner of
Tax Map Parcel No. 70-4-4.2, namely, Ithaca Properties, LLC (formerly 4250 Vets
Highway, LLC), substantially in the form of the draft dated March 26, 2009), by which
the boundary of the parties’ claimed air rights above the top deck area of the Green
Street Parking Garage is deemed (via mutual quit claims) to be 12 feet west of the
easterly end of the Green Street Garage (with the City’s rights being to the west of said
boundary, and the rights of Ithaca Properties, LLC, being to the east of said boundary
and being only those rights located 15 or more feet above the surface of the top deck of
said Garage), all upon the condition that any and all recording costs and fees
associated with this transaction be assumed by Ithaca Properties, LLC; and be it further
RESOLVED, That this action shall not constitute approval of the proposed hotel, per se,
and shall not in any way pre-empt any decisions that may otherwise be required from
the City or its agencies, including but not necessarily limited to those regarding site plan
review, design review, variances or building permits.
Carried (9-0)
(Alderperson Korherr absent from vote)
12. CITY ADMINISTRATION COMMITTEE:
12.1 Request to Fund Bridge Systems Engineer Position - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, at its meeting on December 17, 2008, the Board of Public Works
recommended the addition of a permanent full time Bridge Systems Engineer, and
April 1, 2009
12
WHEREAS, the permanent full time position will be funded through Capital Projects
which receive matching funding as part of the Intermodal Surface Transportation
Efficiency Act and are included in the current five year Transportation Improvement
Program (TIP), and
WHEREAS, the Vacancy Review Committee reviewed and approved the position of
Bridge System Engineer on March 9, 2009; now, therefore be it
RESOLVED, That Common Council hereby amends the 2009 Authorized Personnel
Roster for the Engineering Office as follows:
Add (1) One Full Time Bridge Systems Engineer
and be it further
RESOLVED, That the position be assigned to the Executive Association 2009 Salary
Schedule, Grade A, and be it further
RESOLVED, That said roster amendment is contingent on Civil Service approval and
funding from existing authorized and funded Capital Projects.
Alderperson Coles explained that this position was approved by the Vacancy Review
Committee as the position will be funded by monies received for bridge projects.
Superintendent Gray stated that the City has received $19 million for coordinated work
provided by this position in the past years. He further stated that this position has
existed for the past twelve years, and this Resolution would simply change the way it is
listed in the personnel roster.
A Vote on the Resolution Resulted as Follows:
Carried (8-0)
(Alderpersons Korherr and Tomlan absent from vote)
12.2 Request to Establish a Capital Project for Training Center Expansion -
Resolution
This item was withdrawn from the agenda.
12.3 Housing Strategy for Tompkins County - Authorization to enter into a
Memorandum of Understanding with Tompkins County and Cornell University to
Develop, Fund and Administer the Housing Affordability Program and Housing
Trust Program - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, on July 5, 2007, the Common Council of the City of Ithaca endorsed the
Housing Strategy for Tompkins County (“Housing Strategy”), which seeks to increase
the supply of housing to meet local needs identified in the Affordable Housing Needs
Assessment, prepared for the Tompkins County Planning Department in 2005, and
WHEREAS, the Housing Strategy recommends implementation of the following
initiatives to produce new housing for lower and middle income households in close
proximity to services, jobs and transit:
1. Inclusionary and incentive zoning
2. Community housing trust fund
3. Employer assistance
4. Housing affordability fund, and
WHEREAS, on October 6, 2007, Cornell University President David Skorton announced
a $10 million, 10-year, Cornell-Community Housing Initiative to increase workforce
housing opportunities, and
WHEREAS, on July 2, 2008, the Common Council of the City of Ithaca conceptually
supported the Ithaca-Tompkins County-Cornell Housing Collaboration (“Community
Housing Collaborative”) as a guideline for Cornell University and the Tompkins County
community to jointly implement the Housing Strategy, and
April 1, 2009
13
WHEREAS, the Community Housing Collaborative recommended the establishment of
housing programs that could produce up to 775 housing units with a total development
cost of $169 million, including a housing affordability fund and a housing trust program,
and
WHEREAS, the Community Housing Collaborative encourages that new housing be
located in (1) urban areas or growth nodes served by water & sewer services, public
transit, and pedestrian & bicycle networks; and, (2) areas convenient to major
employment centers to maximize alternative modes of travel to work and to minimize
the negative impacts of commuting through traffic on residential neighborhoods, and
WHEREAS, on June 26, 2008, Cornell University announced a $1 million first year
financial commitment for the Cornell-Community Housing Initiative, including a
$200,000 investment in the Community Housing Affordability Program and Community
Housing Trust Program, and
WHEREAS, a Memorandum of Understanding (“MOU”), dated March 10, 2009, has
been developed whereby Tompkins County, the City of Ithaca and Cornell University
would jointly fund a Community Housing Affordability Program and Community Housing
Trust Program, with commitments by Cornell University to contribute $1.2 million over
six years, and by City of Ithaca and Tompkins County to each contribute $600,000 over
six years, and
WHEREAS, the Community Housing Affordability Program is a locally funded and
administered program that assists with pre-development costs associated with
residential, and mixed-use real estate development projects primarily benefiting low-
and moderate-income households, and the Community Housing Trust Program is a
program designed to ensure that newly constructed or rehabilitated homes that are
made available to low- and moderate-income households remain affordable to future
generations of buyers, and
WHEREAS, funds committed for the Community Housing Affordability Program and
Community Housing Trust Program will be made available to non-profit and for-profit
housing entities as loans or grants on an open competitive basis through a Notice of
Funding Availability (“NOFA”) process designed to assist projects consistent with the
Housing Strategy and the Community Housing Collaborative, and
WHEREAS, the MOU establishes a Policy Oversight Committee made up of three
representatives from each signatory, which is responsible for finalizing the NOFA and
for the general oversight, administration and monitoring of program funds, and
WHEREAS, at its March 18, 2009 meeting the Planning & Economic Development
Committee recommended authorizing the Mayor to sign the MOU subject to
identification of appropriate funding sources, and
WHEREAS, funds required to honor the 6-year, $100,000 per year funding commitment
contained in the MOU will be derived from the Gateway Loan Proceeds deposited with
the Ithaca Urban Renewal Agency (IURA) unless an alternative funding source(s) is
subsequently approved by the Common Council, and
WHEREAS, the IURA administers so-called “Gateway” proceeds on behalf of the City of
Ithaca per Common Council resolution of June 5, 2002, which stipulated that the
repayments of the “Gateway” loan shall be used by the City to assist low and moderate
income housing, and
WHEREAS, “Gateway” proceeds originated from the City’s sale of land to Eddygate
Park Associates to facilitate the Eddygate Park Apartment rental housing project in
Collegetown, which sales proceeds were realized by the City in 2002 and subsequently
contributed to the IURA for the purpose of providing loan financing to Gateway Plaza
Associates, LLC to redevelop the underutilized former Dean warehousing building, now
known as Gateway Center, located at 401 E. State Street, Ithaca, NY, and
WHEREAS, the “Gateway“ fund had a balance of $582,708.82 as of March 18, 2009,
and
April 1, 2009
14
WHEREAS, alternative potential funding sources include (1) remaining bond proceeds
from the Neighborhood Housing Initiative program, (2) CDBG Entitlement funding or (3)
new federal or state funding awarded to the City of Ithaca for affordable housing; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby authorizes the
Mayor, subject to review by the City Attorney, to execute the MOU, dated March 10,
2009, among the City of Ithaca, Tompkins County and Cornell University to develop,
fund, and administer the Community Housing Affordability Program and the Community
Housing Trust Program, and be it further
RESOLVED, That funds necessary for the first year commitment of $100,000 shall be
derived from the following amended 2009 City Budget source:
Gateway Loan Proceeds in IURA $100,000
(Increase Appropriation Account A8020-5435)
Services Other Governments IURA
Increase Revenue Account A8020-2375: $100,000
and, be it further
RESOLVED, The funding shall be renewed at a rate of $100,000 per year up to a total
of six years, consistent with the terms of the MOU, from the same funding source unless
an alternative funding source(s) is approved by Common Council, and be it further
RESOLVED, The Mayor is further authorized to accept any revisions to the MOU that
do not substantially or materially alter its intent or substance, and be it further
RESOLVED, The Common Council finds that the most appropriate locations for new
housing units assisted through MOU funds are project sites located within existing
urbanized areas of the County, rather than in new growth nodes or other areas of the
County, and be it further
RESOLVED, The Mayor is hereby authorized to appoint three representatives to the
Program Oversight Committee, subject to approval by the Common Council, that will
serve as the oversight and administration entity for the Community Housing Affordability
Program and the Community Housing Trust Program, and be it further
RESOLVED, That the loan or grant of any City of Ithaca program funds provided
pursuant to the MOU shall be approved by the Common Council.
Mayor Peterson stated that the County has already passed a similar Resolution and
Cornell University supports it as well.
A vote on the Resolution resulted as follows:
Carried (9-0)
(Alderperson Korherr absent from vote)
12.4 Authorization to Accept “Settlement Offer” Regarding Frontier Chemical
Hazardous Waste Site - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, it appears that in 1990 the City of Ithaca delivered at least two loads of
materials such as waste oil and paint to a treatment, storage and disposal facility in
Niagara Falls, NY, operated by the Frontier Chemical Waste Process, Inc. (between
1974 and 1992); and
WHEREAS, there were reportedly more than 5,000 contributors of hazardous materials
to this site, over its 18 years of operation; and
WHEREAS, following the closure of the site, the New York State Department of
Environmental Conservation (NYSDEC) determined that there were releases of
hazardous substances to the environment, including the soils and groundwater,
April 1, 2009
15
classified the site as a Class 2 inactive hazardous waste site, and is threatening
litigation against the contributors (also known as potentially responsible parties); and
WHEREAS, the cost of implementing the remediation measures that the NYSDEC has
directed certain potentially responsible parties to implement is currently estimated to be
between $15 and $20 million; and
WHEREAS, pursuant to the federal Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA), all potentially responsible parties could be
strictly and retroactively liable for a share of the remediation costs; and
WHEREAS, the NYSDEC has indicated informally that it is unlikely that the State would
initiate legal action against small contributors such as the City of Ithaca; and
WHEREAS, notwithstanding this, any potentially responsible party determined by the
State to be liable for remediation costs could take legal action against any other
potentially responsible party, for a proportionate sharing of such costs; and
WHEREAS, certain of the larger contributors to this site have organized into the 172-
member Frontier PRP Group, and, as such, have made a time-limited offer to release
any smaller contributor (less than 3,000 gallons) from liability (vis-à-vis the members of
the PRP group, only), in exchange for a payment of $4,000; and
WHEREAS, over 800 smaller contributors (including other municipalities) have
reportedly accepted such an offer; and
WHEREAS, it appears that acceptance of this offer by the City is fiscally prudent, as it
will reduce future economic risk as well as the possible need to spend additional staff
time on this matter, or to engage special counsel to defend against litigation; now
therefore be it
RESOLVED, That the Mayor be and is hereby authorized to accept the above-
described offer of settlement on behalf of the City; and be it further
RESOLVED, That the necessary funds - $4,000 – be allocated from Account No.
A1930-5000 (Judgments and Claims).
Carried (9-0)
(Alderperson Korherr absent from vote)
12.5 City Controller’s Report
City Controller Thayer reported to Council on the following items:
The economy is struggling; City sales tax revenue is 2.5% over 2008 revenues.
If expenses continue to rise, the City could experience a cash flow problem.
It is his recommendation that the City continue the purchasing/hiring freeze.
New York State Budget Impacts:
• The City received an additional $36,000 payment for the AIM payment, but
it was $9,000 short of what should have been received. Reporting
requirements have also been reduced.
• The CHIPs funding has been restored.
• There has been a reduction of $15,000 in funding for Youth Services from
2008.
• The Pension Reform was rejected.
• There are government consolidation incentives.
• The Restore NY Grant funding applications are due May 4, 2009.
Alderperson Myrick left the meeting at 11:40 p.m.
April 1, 2009
16
14. NEW BUSINESS:
14.1 Common Council’s Appointment to the Local Advisory Board of
Assessment Review – Resolution
By Alderperson Cogan: Seconded by Alderperson Tomlan
RESOLVED, That Margaret Hobbie and Tom Clavel be appointed to the Local Advisory
Board of Assessment Review, with Bill Goldsmith being designated as an alternate.
Carried (8-0)
(Alderpersons Myrick and Korherr absent from vote)
14.2 Mahogany Grill Alcohol Permit Request - Resolution
By Alderperson Schuler: Seconded by Alderperson Zumoff
WHEREAS, the City Clerk has received a request to allow the Mahogany Grill 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 Mahogany Grill 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 Mahogany Grill
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 (8-0)
(Alderpersons Myrick and Korherr absent from vote)
14.3 Ithaca Ale House Alcohol Permit Request - Resolution
By Alderperson Schuler: Seconded by Alderperson Zumoff
WHEREAS, the Ithaca Ale House has requested permission 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 Ithaca Ale House, 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 Ithaca Ale House
that includes the sale of alcohol in accord with the terms and conditions set forth in
April 1, 2009
17
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried (8-0)
(Alderpersons Myrick and Korherr absent from vote)
14.4 Blue Stone Bar & Grill Alcohol Permit Request - Resolution
By Alderperson Schuler: Seconded by Alderperson Zumoff
WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar &
Grill to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Blue Stone Bar & Grill, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar &
Grill that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried (8-0)
(Alderpersons Myrick and Korherr absent from vote)
14.5 Ragmann’s Restaurant Alcohol Permit Request – Resolution
By Alderperson Schuler: Seconded by Alderperson Zumoff
WHEREAS, the City Clerk’s Office has received a request to allow Ragmann’s Restaurant
to utilize certain areas along North Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Ragmann’s Restaurant, including the responsible sale and consumption
of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Ragmann’s
Restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried (8-0)
(Alderpersons Myrick and Korherr absent from vote)
April 1, 2009
18
15. INDIVIDUAL MEMBER FILED RESOLUTIONS:
15.1 Support for Continuation of the Empire Zone Program – Resolution
By Alderperson Clairborne: Seconded by Alderperson Cogan
WHEREAS, fostering the growth of business and employment in a variety of business
and industry sectors is essential to building a thriving and sustainable economy that
improves the quality of life in Tompkins County, and
WHEREAS, the Empire Zone Program has been a primary vehicle to stimulate
economic growth and revitalization in struggling local economies throughout New York
State, and
WHEREAS, the Empire Zone Program was modified in 2005 to close costly loopholes
that unfairly rewarded non-performing businesses; and
WHEREAS, the Empire Zone Program is performance based, rewarding only those
businesses that make capital investments or create jobs, and
WHEREAS, the Tompkins County Empire Zone was awarded in July 2006 and, though
still in its infancy, has already shown great promise to enhance efforts to retain, expand,
and attract targeted businesses, and
WHEREAS, in calendar year 2007 Empire Zone incentives leveraged an investment of
over $27.6 million by Tompkins County’s 33 certified businesses, and those firms
employed 2,208 people and created 204 new jobs in 2007, and
WHEREAS, local Zone Administrators have a comprehensive and detailed
understanding of local business and industry needs as well as economic and workforce
development goals that best position them to administer local Zones in partnership with
State government, and
WHEREAS, the Governor’s 2009-2010 budget has proposed sweeping changes to the
Empire Zone Program that eliminate local administration of the program and reduce the
Program’s usefulness to induce business investment and job creation within Empire
Zones located in the City of Ithaca, and
WHEREAS, proposed changes to the Empire Zone Program represent a significant
centralization and retreat of the State’s business development efforts without offering
alternative economic development tools accessible at the regional level, and
WHEREAS, the Tompkins County Zone Administrative Board and the Tompkins County
Legislature have adopted similar resolutions of support that were forwarded to the
appropriate State entities; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby requests the State
of New York continue its Empire Zone Program beyond 2011 to June 30, 2017, and be
it further
RESOLVED, That Common Council requests that the State of New York maintain the
current state and local administrative partnership structure, and be it further
RESOLVED, That the City Clerk is directed to forward this resolution in support of
continuing the Empire Zone Program to Governor David A. Paterson, Senate Majority
Leader Malcolm Smith, Senate Minority Leader Dean Skelos, Senator George Winner,
Senator James Seward, Senator Michael Nozzolio, Assembly Speaker Sheldon Silver,
Assembly Minority Leader James Tedisco, Assemblywoman Barbara Lifton, and Empire
Zone Program Director Randal Coburn, Tompkins County Empire Zone Administrator
Heather Filiberto, Chair of the Tompkins County Zone Advisory Board Ed Marx, and
County Administrator Joe Mareane.
Alderperson Clairborne disclosed that he is a member of the ZBA.
Alderperson Schuler disclosed that she serves on the Board of the Kitchen Theatre
which has submitted an application to join the Empire Zone.
April 1, 2009
19
A vote on the Resolution resulted as follows:
Ayes (7) Coles, Dotson, Clairborne, Rosario, Zumoff, Tomlan, Cogan
Nays (0)
Abstentions (1) Schuler
Carried (7-0-1)
(Alderpersons Myrick and Korherr absent from vote)
MAYOR’S APPOINTMENTS:
16.1 Cable Access Oversight Committee – Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
RESOLVED, That Michael J. Brutvan be appointed to the Cable Access Oversight
Committee to fill a vacancy with a term to expire December 31, 2010, and be it further
16.2 Public Art Commission – Resolution
RESOLVED, That Svetla Borovska be appointed to the Public Art Commission to
replace Jacob Roberts vacancy with a term to expire December 31, 2010.
Carried (8-0)
(Alderpersons Myrick and Korherr absent from vote)
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Clairborne provided the following update from the Ithaca Urban Renewal
Agency:
“The IURA approved the following resolutions at its March meeting:
1. HUD Entitlement Program - Adopted the Five-year City of Ithaca 2009-2013
Consolidated Plan and recommended Common Council adopts the Plan.
- A public hearing at the April 15th P&ED committee is scheduled on this plan.
- The Consolidated Plan is a strategic plan to identify and address priority community
development needs and must be revised every five years as a condition of continued
receipt of HUD Entitlement funds.
2. Mutual Housing Association of Tompkins County - Approved a request to
subordinate a mortgage lien on 206 Third Street to facilitate a consolidation loan from
Tompkins Trust Company that will significantly reduce MHATC’s annual debt-service
expenses.
3. Community Housing of Ithaca, Inc. (CHI) - Approved CHI as a Community-Based
Development Organization (CBDO).
- Under CDBG regulations only CBDOs can use Community Development Block
Grant funds to construct new housing. CHI has two new duplexes under construction at
636 Spencer Road (near TCAction) and seeks to construct two additional duplexes.
4. HUD Entitlement Program - Approved a program amendment to fund the proposed
Conway Park Playground project subject to the following conditions:
A. Conduct neighborhood outreach
B. Common Council approval following a public hearing
C. Parks Commission approval
D. Site Plan approval
E. Board of Public Works approval
- The project proposes reinstallation of playground equipment removed from the
BJM playground (purchased with CDBG funds) at the existing playground in Conway
Park and adds additional playground equipment.
Alderperson Clairborne extended his special thanks Community Development Director
Nels Bohn for this report.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that there has been no new litigation.
April 1, 2009
20
MINUTES FROM PREVIOUS MEETINGS:
20.1 Approval of the March 4, 2009 Regular Common Council Meeting Minutes –
Resolution
By Alderperson Cogan: Seconded by Alderperson Coles
RESOLVED, That the minutes of the March 4, 2009 Regular Common Council Meeting
be approved with noted corrections.
Carried (8-0)
(Alderpersons Myrick and Korherr absent from vote)
ADJOURNMENT:
On a motion the meeting adjourned at 11:50 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor