HomeMy WebLinkAboutMN-CC-2009-05-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. May 6, 2009
PRESENT:
Mayor Peterson
Alderpersons (9) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
Youth Bureau Director – Green
Transportation Engineer – Logue
EXCUSED:
Alderperson Korherr
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
In Opposition to the Cayuga Waterfront Trail / Phase II
Doria Higgins, Town of Ithaca
Peter Harriatt, Town of Ithaca – believes trail could work with an alternative route
Angelo DiGiacomo, West End Business Owner
In Support of the Cayuga Waterfront Trail / Phase II
Steven Powell, Town of Ithaca
Betty Falcao, City of Ithaca
Taylor Peck, Town of Catharine
Robert van Renesse, City of Ithaca
Rob Ferguson, Village of Trumansburg
Sam McLafferty, Town of Ithaca / West End Business Owner
Jeff Bateman, Town of Ithaca
Dana Paul, Village of Cayuga Heights
Joel Harlan, Town of Newfield, voiced his support of the Cayuga Waterfront Trail and
addressed issues surrounding the increased violence across the country.
Laura Wesson, City of Ithaca, addressed Council regarding her recent experience with
stray electrical voltage energizing a manhole cover and the effects it had on her dog.
She requested the City’s assistance in identifying and resolving issues surrounding
stray voltage.
John Graves, City of Ithaca, thanked the Ithaca Police Department for their efforts
during the Prospect Street block party and the end of Ithaca College classes. He further
thanked the City for providing these resources to support the permanent residents of
South Hill. Mr. Graves further requested the City’s collaboration on the toxic
contamination issues on South Hill.
City Clerk Holcomb read two statements into the record. The first was from Fay
Gougakis that voiced her concerns regarding the Phase II of the Cayuga Waterfront
Trail. The second was from Ted Schiele, Coordinator of Tobacco Free Tompkins and
an employee of the Tompkins County Health Department that acknowledged Common
Council’s role in the Public Health Excellence Award that was recently presented jointly
to the City of Ithaca, the Tompkins County Health Department, and Tobacco Free
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Tompkins, by New York State Health Commissioner, Richard F. Daines, M.D., for their
“collaborative efforts to protect New Yorkers against exposure to second-hand smoke.”
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Schuler reported that the City celebrated Arbor Day on April 25, 2009 with
a Proclamation and tree plantings on Geneva Street and the Children’s Garden area.
She further noted that 100 tree plantings have taken place in the city during the past
year. Alderperson Schuler congratulated City Forester Andrew Hillman for receiving the
Florence Hoard Award, presented by Ithaca Neighborhood Housing Services.
Alderperson Dotson thanked all of the speakers for sharing their thoughts. She noted
that she has given Phase II of the Cayuga Waterfront Trail a great deal of consideration
and believes her colleagues have as well. She noted that Common Council has
received a lot of correspondence on this topic.
Alderperson Clairborne thanked the speakers and noted how important it is to have an
engaged public. He stated that the stray voltage issue is a serious wake-up call and
urged that a solution be found as there are lots of dogs living in the community.
Alderperson Clairborne thanked Mr. Graves and the South Hill Civic Association for
their comments on the Police Department’s efforts. He further extended kudos to the
GIAC administrative staff for their recent trip to New Orleans. This is the second year
that staff has traveled to our sister-city to help the residents rebuild from the devastation
of Hurricane Katrina. He noted that there is still much work that needs to be done to
restore the community. Alderperson Clairborne reported on the following upcoming
events:
May 7, 2009, 7:00 p.m. - First meeting of the Youth Council, City Hall
May 9, 2009, 10:00 a.m. – 5:00 p.m. – Youth Empowerment Forum, Clarion Hotel
May 11, 2009, 6:00 p.m. – 8:00 p.m. – Candidates Forum, Ithaca City School Board
Mayor Peterson announced that the Diversity Consortium will be held tomorrow, May 7,
2009 at the Clarion Hotel. She noted that there are many sessions to choose from with
great speakers. She further reported that she receives periodic news releases from
NYSEG that indicates that they are testing for stray voltage. She will share those
notifications with Common Council members.
City Attorney – Report on the Validity of the Protest regarding the R-3c Zoning
Ordinance
City Attorney Hoffman offered the following legal opinion in response to the adoption of
an Ordinance to create the R-3c Zoning District and to rezone portions of the R-3a
Zoning District in the City of Ithaca at the April 1, 2009 Common Council meeting:
“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
May 6, 2009
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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.”
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau - Request to Amend 2009 Budget - Resolution
By Alderperson Cogan: Seconded by Alderperson Schuler
WHEREAS, the Ithaca Youth Bureau has been advised by the Tompkins County
Workforce Investment Board that they will be receiving $162,590.00 in new funding to
develop a Summer Jump Start Jobs Program, and
WHEREAS, the goal of this program is to provide short-term subsidized internships for
90 eligible teens needing assistance in securing employment; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2009 Youth Bureau budget to
account for said funding as follows:
Increase Anticipated Revenue from Tompkins County Workforce Investment Board
A7310-4820-1202 Youth Employment Service $153,215.00
A7310-4820-1400 Administration $5,875.00
A7310-4820-1200 Administration (Y. Development) $3,000.00
A7310-4820-1221 Outings $500.00
$162,590.00
Increase Appropriations:
A7310-5110-1202 Staff Salary $6,288.00
A7310-5120-1202 Part time/Seasonal $121,568.00
A7310-5405-1202 Telephone $550.00
A7310-5425-1202 Office Supplies $451.00
A7310-5445-1202 Travel & Mileage $750.00
A7310-5460-1202 Program Supplies $5,708.00
A7310-5460-1221 Program Supplies $500.00
A7310-5435-1200 Contract Services $3,000.00
A7310-5120-1400 Part time/Seasonal $1,000.00
A7310-5420-1400 Gas & Oil $1,400.00
A7310-5437-1400 Merchant Service $875.00
A7310-5475-1401 Property Maintenance $800.00
A7310-5476-1401 Equipment Maintenance $830.00
A7310-5480-1401 Building Maintenance $830.00
A7310-9010 Retirement $440.00
A7310-9030 Social Security $9,781.00
A7310-9040 Workers’ Comp. $7,819.00
$162,590.00
Carried Unanimously (8-0)
Alderperson Myrick absent from vote
May 6, 2009
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8.2 Name Change for the Affirmative Action Advisory Subcommittee -
Resolution
By Alderperson Cogan: Seconded by Alderperson Schuler
WHEREAS, the Affirmative Action Advisory Committee name was changed in 2006 to
the Workforce Diversity Advisory Committee to better represent the goals of the
committee, and
WHEREAS, the Affirmative Action Advisory Subcommittee has continued to operate
under its name and the Workforce Diversity Advisory Committee recommends that the
subcommittee name be changed to reflect its true purpose, now therefore be it
RESOLVED, That Common Council hereby changes the name of the Affirmative Action
Advisory Subcommittee to the Workforce Diversity Selection Review Committee.
Carried Unanimously (8-0)
Alderperson Myrick absent from vote
CITY ADMINISTRATION COMMITTEE:
9.1 Authorization of a Second Supplemental Agreement for Administration and
Implementation of the Cayuga Waterfront Trail - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, on June 13, 2001, Common Council authorized and established Capital
Project #445 (then entitled Cass Park Waterfront Trail) in the amount of $425,000, to
design and construct Phase 1 of the Cayuga Waterfront Trail (Phase 1 being a two-mile
loop in Cass Park, which has now been completed), and
WHEREAS, on April 2, 2003, Common Council approved the funding of Phase 2 of the
Cayuga Waterfront Trail (which would connect Cass Park to the Farmers Market) from
the same Capital Project as Phase 1, authorized the addition of $677,724 to Capital
Project #445, for the costs of design, right-of-way acquisition and construction of Phase
2, and authorized the Mayor to execute all necessary agreements or requests for
federal funds for Phase 2 (through the Transportation Enhancement Program) and to
provide for the administration of Phase 2 and the funding of the local share (with the
understanding that the apportionment of the costs for this portion of the project would be
roughly 72.05% federal and 27.95% local), and
WHEREAS, on September 28, 2004, environmental review of the proposed design for
Phase 2 of the Trail was completed, by the City of Ithaca Planning and Development
Board, the designated lead agency for such review, and site plan approval for Phase 2
was granted, and
WHEREAS, on May 3, 2006, Common Council amended Capital Project #445, by
adding $50,000 for a feasibility study of Phase 3 of the Cayuga Waterfront Trail (from
the Farmers Market to Stewart Park and the Visitors Center), half of which amount was
to be derived from a New York State Environmental Protection Fund grant, and $10,000
of which amount was to be derived from non-City funds to be raised by the Cayuga
Trails Initiative, and
WHEREAS, on November 1, 2006, Common Council approved Phase 2 of the Trail,
added $480,000 to Capital Project #445, to cover additional costs associated with
Phases 1 and 2, and authorized the Mayor to execute all necessary agreements or
requests for federal funds for the project (through a SAFETEA-LU member item) and to
provide for its administration and the funding of the local share (with the understanding
that the apportionment of the costs for this portion of the project would be roughly 80%
federal and 20% local), and
WHEREAS, also on November 1, 2006, Common Council authorized the expenditure of
up to $250,000 from Capital Project #445 as just compensation for the acquisition of
certain required easements for Phase 2 of the Trail, authorized the Mayor to offer,
negotiate and determine the amounts to be paid to individual property owners, and
authorized the Mayor to enter into agreements for purchase or donation of such
easements, and
WHEREAS, on June 6, 2007, Common Council again approved the Trail, now including
Phase 3, subject to environmental review (of that phase), added $720,000 to Capital
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Project #445 to cover the combined cost of the three phases, and authorized the Mayor
to execute all necessary agreements or requests for federal funds for the project and to
provide for its administration and the funding of the local share (with the understanding
that the apportionment of the costs for this portion of the project will be roughly 80%
federal and 20% local), and
WHEREAS, as part of the 2007 project agreement, the New York State Department of
Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement
(PIN 395024) for administrative purposes, and
WHEREAS, fair market value offers (based on professional appraisals) were made to
the affected property owners in the spring of 2007, by the Mayor, and to date no written
responses have been received by the City of Ithaca, and
WHEREAS, in late 2008, the New York State Department of Transportation notified the
City of Ithaca that due to the time elapsed since the offers were made, appraised values
for the easements need to be updated, and the State offered to administer and facilitate
the right-of-way acquisition phase of the project (including the updating of appraisals),
and
WHEREAS, certain aspects of the non-local funding of the project, including the internal
allocation of funds among Project components and the City’s responsibility for the
“fronting” of costs to be paid by the federal government, have changed (although not the
total amount of the allocations), and
WHEREAS, to effect these changes in project administration and management, a
second Supplemental Agreement for the project must be executed with the State of
New York, and
WHEREAS, the City of Ithaca desires to advance the remaining phases of the Cayuga
Waterfront Trail project (i.e., Phases 2 and 3), with the above-described modifications
and as expeditiously as possible, and
WHEREAS, the approval contained in this resolution constitutes routine or continuing
agency administration or management of an existing project (and does not create any
new programs or major reordering of priorities that may affect the environment), and, as
such, is a Type II action not subject to environmental review; now, therefore, be it
RESOLVED, That the Common Council hereby reaffirms its support for Phases 2 and 3
of the Cayuga Waterfront Trail project, as currently designed, with the above-described
modifications in administration and/or management of project components and subject
to any further, required environmental review (for Phase 3), and be it further
RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City
Attorney and other involved staff, be and is hereby authorized to execute a Second
Supplementary Agreement for Administration and Implementation of the Cayuga
Waterfront Trail, which Supplementary Agreement will modify the internal allocation of
funds for certain aspects of Phases 2 and 3 (but not the total allocated amount) and will
transfer responsibility for the acquisition of easements for the Trail from the City to the
State, and be it further
RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary
agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca, with the New York State Department of Transportation, in connection with
the advancement or approval of Phase 2 or (pending completion of environmental
review) Phase 3 of the Project, and providing for the administration of the Project and
the municipality’s first instance funding of Project costs and permanent funding of the
local share of federal-aid-eligible Project costs and all other Project costs within the
appropriations therefore that are not so eligible, and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay the
non-federal share of the cost of right-of-way incidentals and acquisition to the State of
New York, in the amount of $58,322, with the understanding that the City of Ithaca no
May 6, 2009
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longer must pay in the first instance the federal share of such costs ($233,288) and will
not seek reimbursement for the federal share of such costs, and be it further
RESOLVED, That Common Council recognizes that Capital Project #445 (Cayuga
Waterfront Trail - formerly known as Cass Park Trail) does not need to be amended for
this change in project administration, and remains at a total project cost of $2,384,876,
which amount represents Phase 1, Phase 2 and Phase 3 of the three-phase project,
and be it further
RESOLVED, That except as explicitly amended in this resolution, Common Council’s
previous resolutions concerning the Project, as referenced above, still remain in full
force and effect, and be it further
RESOLVED, That the City Clerk be and hereby is authorized and directed to file a
certified copy of this resolution with the New York State Commissioner of
Transportation, by attaching it to any necessary, supplemental agreement in connection
with the Project, and be it further
RESOLVED, That this resolution shall take effect immediately.
Alderperson Coles stated that she has been encouraged by the lively discussions and
exchanges of ideas that have taken place as that is what democracy is about. She
stated that in terms of the safety issues raised, she has relied upon the expertise of City
staff, the Police and Fire Chiefs, and the NYS Department of Transportation. She
referenced two studies to address the question of what constitutes “public good”, and
has determined that the Cayuga Waterfront Trail will serve the public good.
Alderperson Zumoff responded to comments made about more time being needed to
further investigate alternatives and noted that the City has been working on this project,
including many public discussions, since 2001. He feels the issue has been properly
vetted and needs to move forward.
Alderperson Tomlan stated that she appreciates all of the comments from the public
and alternative ideas that have been made throughout the years. She stated that
Phases I and III of the Cayuga Waterfront Trail offer the public a unique view of Ithaca’s
natural beauty, and Phase II of the trail represents the historical use of the “working”
waterfront. She stated that she hopes that the losses experienced by the property
owners will be balanced by potential new business opportunities (eg. Kayak rentals).
She further stated that she does not support eminent domain for the transfer of property from
one private owner to another for economic development purposes but believes that this trail as
a public project will be a public benefit to city residents and visitors.
Alderperson Cogan stated that he found the proposed Phase II trail to be an interesting
area to walk through because it highlights the historical, industrial use of the waterfront.
He stated that he understands the public safety access to the hospital concerns but
contends that the bottleneck is not on the bridge, it is Cliff Street that narrows to 2 lanes.
He further noted that the Route 79 Bridge is in close proximity and is an alternate route
to West Hill and the hospital.
Alderperson Dotson stated that the New York State Department of Transportation (NYS
DoT) tested the closure of that lane at two different times, and approved the plan. She
stated that some of the business owners are excited about the West End connection
that is being built. She noted that she reviewed construction estimates of an alternate
pedestrian bridge and believes that the proposed routing of the trail is in the best
interest of the City and the greater community.
Alderperson Rosario stated that he was satisfied with the safety issues based on the
NYS DoT studies and discussions with the Police and Fire Chiefs. He further stated
that he did not believe that an alternate pedestrian bridge was a viable option due to the
construction costs and the fact that it wouldn’t connect the West End. He stated that the
decision is difficult, but he will continue to support the trail.
Alderperson Myrick arrived at the meeting at 8:30 p.m.
May 6, 2009
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Alderperson Clairborne stated that this was a difficult decision for him because of the
shadow of eminent domain. He acknowledged that there is a lot of public support for
the trail; however, he believes that an unfair power balance has been created against
the six property owners. He voiced his frustration that negotiations have been
deadlocked.
Mayor Peterson clarified that the property taking by eminent domain is for the
acquisition of an easement, there will not be any buildings removed, etc. She stated
that the City discussed various alternatives with some of the property owners but they
were not viable. She stated that she has been surprised by the controversy created
within the community as Ithaca is known to be a bicycle and pedestrian friendly
community, yet we are just now constructing our first bike lanes and adding “sharrows”.
A vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Rosario, Zumoff, Tomlan, Schuler, Myrick, Cogan
Nays (1) Clairborne
Carried
9.2 Prospect Street Reconstruction and East Clinton Street Bridge Rehabilitation
Projects - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, a Project for the Prospect Street Reconstruction – East Clinton Street
Bridge Rehabilitation, P.I.N. 375457 (the Project") is eligible for funding under Title 23
U.S. Code, as amended, that calls for the apportionment of the costs of such program to
be borne at the ratio of 80% Federal funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Scoping, Preliminary Design, Detailed
Design, and Right of Way Incidentals, and
WHEREAS, this project constitutes a reconstruction of facility in kind on the same site
as well as maintenance or repair involving no substantial change in an existing facility,
and is therefore a type 2 section not requiring environmental review; now therefore, the
Common Council, duly convened does hereby
RESOLVED, That the Common Council approves the above-subject project; and it is
hereby further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Scoping,
Preliminary Design, Detailed Design, and Right of Way Incidentals work for the Project
or portions thereof; and it is further
RESOLVED, That the sum of $465,000 is hereby appropriated (from Capital Project #
725 the sum of $280,000 and from the Capital Project # 726 the sum of $185,000) and
made available to cover the cost of participation in the above phase of the Project; and
it is further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceed the amount appropriated above, the Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the NYSDOT thereof, and it is further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is
hereby authorized to sign all necessary Agreements with the New York State
Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the
City of Ithaca and the Superintendent of Public Works is authorized to sign all
necessary construction documents, contracts, certifications and reimbursement
requests, and be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to
administer the above project, and be it further
May 6, 2009
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RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and it is further
RESOLVED, This Resolution shall take effect immediately.
Alderperson Dotson questioned whether the new design of the bridge would be more
bicycle-friendly. Superintendent Gray responded that the new bridge would be more
bicycle-friendly as it will not be a steel-decked bridge.
Alderperson Coles thanked all of the City employees who worked to obtain these funds
and noted that her constituents are very appreciative.
Carried Unanimously (9-0)
9.3 Request to Create Wastewater Treatment Plant Instrumentation Technician
Trainee Position - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the current employee in the position of Wastewater Treatment Plant
(WWTP) Operator/Instrumentation Technician is planning for a retirement date in
December of 2009 or very soon there after, and
WHEREAS, to provide for a smooth efficient transition of both the technical knowledge
and the specific duties of the position the City of Ithaca DPW Water & Sewer Division,
Ithaca Area Wastewater Treatment Facility (IAWWTF) succession planning with a
transition overlap of the positions is essential, and
WHEREAS, there is a current vacancy at the IAWWTF for a WWTP Operator Trainee,
and
WHEREAS, a new job description and new position duties statement for a WWTP
Instrumentation Technician Trainee have been drafted and approved by the Civil
Service Commission at their April 1, 2009 meeting, and
WHEREAS, the position of WWTP Instrumentation Technician Trainee will be
unoccupied and unfunded upon the future filling of the Operator/Instrumentation
Technician, and therefore will not result in an additional position, nor the need for
additional funds, and
WHEREAS, the new employee hired into the position of WWTP Instrumentation
Technician Trainee should have at least a six (6) month period of on the job training
with the current Operator/Instrumentation Technician, in order to accomplish this, we
will need to advertise the new position during the month of May 2009 for an anticipated
hire date in June of 2009; now therefore be it
RESOLVED, That Common Council approves the creation of the WWTP
Instrumentation Technician Trainee position with the condition that funding for this
position will be derived from funds already approved and allocated for the WWTP
Operator Trainee position currently vacant, and be it further
RESOLVED, That the Personnel Roster of the Ithaca Area Waste Water Treatment
Facility (IAWWTF) of the W&S Division of the Department of Public Works be amended
as follows:
Add: One (1) WWTP Instrumentation Technician Trainee
Delete: One (1) WWTP Operator Trainee
and be it further
RESOLVED, That the position of WWTP Instrumentation Technician Trainee be
assigned to the CSEA Administrative Unit at Salary Grade 4.
May 6, 2009
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Amending Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, That the following language be added as the 5th Whereas Clause:
“WHEREAS, the Vacancy Review Committee reviewed and approved the filling of this
position, and”
Carried (8-0)
Alderperson Cogan absent from vote
Alderperson Clairborne questioned whether this hiring would add a new position to the
Water & Sewer Division or if it would simply fill a vacancy. Superintendent of Public
Works Gray responded that the current employee in the Operator/Instrumentation
Technician position will retire and the new trainee will fill the position upon meeting the
appropriate requirements.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (9-0)
9.4 Request to Transfer Funds for Pool Repair - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, during the annual inspection of Cass Pool it was found that some
unexpected serious repairs are needed to the pool’s decking and shell, and
WHEREAS, it has been estimated by staff that the cost to repair the pool will be no
greater than $18,000, and
WHEREAS, if the repairs are not made to the pool, then the pool will be unable to open
for operation this summer and cost of a future repair will only increase; now, therefore
be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $18,000
from Unrestricted Contingency Account A1990 to Account A7310-5475-1314 Cass Pool
Project Maintenance for the purpose of repairing Cass Pool.
Carried Unanimously (9-0)
9.5 Loan Subordination on Behalf of Mutual Housing Association of Tompkins
County, Inc. - Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
WHEREAS, Mutual Housing Association of Tompkins County, Inc. (MHATC) owns and
manages 28 units of affordable housing located in the Northside Triangle neighborhood,
and
WHEREAS, MHATC seeks to manage better its long-term debt by refinancing several
existing loans into a consolidated loan of up to $675,000 with Tompkins Trust Company
(TTC), and
WHEREAS, a condition of TTC financing is a first-mortgage lien on the following
properties:
• First Street (tax parcel #25.-3-1.1)
• 512 Alice Miller Way (tax parcel #25.-3-1.21)
• 206 Third Street (tax parcel #44.-5-7), and
WHEREAS, the City of Ithaca holds a 1992 mortgage lien on the First Street MHATC
property, and
WHEREAS, MHATC requests that the City subordinate its mortgage lien to a new
mortgage lien to be given by MHATC to TTC, and
WHEREAS, MHATC management projects that the proposed, consolidated loan will
reduce MHATC’s debt service payment by approximately $3,000 per month, and
includes refinancing of debt scheduled to mature in 2010 with a balloon payment due of
approximately $200,000, and
WHEREAS, in 1992 the City of Ithaca conveyed land to MHATC for phase 1 of the
MHATC project (along the 500 block of First Street) for a purchase price of $90,000,
May 6, 2009
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which amount was in effect loaned to MHATC, on the condition that it be repaid by
MHATC over 24 years, with the loan to be secured in the meantime by a mortgage on
the parcel, and
WHEREAS, the terms of the City-to-MHATC loan established a 12-year period of 3%
interest-only payments ($225.00/mo.) followed by a 12-year period beginning in 2004 of
principal plus interest payments at a 7% interest rate (total = $920.18/mo.) such that the
loan would be fully repaid in 2016, and
WHEREAS, current MHATC management indicates that it only recently became aware
of this debt obligation to the City and of the fact that MHATC is not current on the
repayment of this debt (only the interest-only payments having been remitted), and now
seeks to negotiate revisions to the loan repayment schedule, and
WHEREAS, the outstanding principal balance on the City loan is $90,000, and
WHEREAS, a loan-to-value (LTV) ratio not exceeding 80% is a common benchmark to
demonstrate that a loan is reasonably secured, and
WHEREAS, the LTV ratio is the sum of the outstanding loan balance on the City loan
plus the amount of any other senior loans divided by the fair market value of the
appraised value of the collateral securing the loans, and
WHEREAS, an appraisal of the total two-parcel, 28-unit MHATC project prepared by C.
Clay Burruss, NYS Certified Appraiser #46000041804, concluded that the market value
of the subject property was $2,100,000 as of February 26, 2009, and
WHEREAS, the phase 1 First Street parcel (tax parcels 25.-3-1.1) contains 14 of the 28
housing units and generates approximately ½ of the project’s gross income, therefore it
can be deduced that the phase 1 First Street parcel for which the City holds a mortgage
lien has a market value of approximately $1,050,000, and
WHEREAS, collateral value of $1,050,000 on the First Street property will secure a total
of $765,000 in loans under the requested subordination, and
WHEREAS, the LTV ratio for the First Street property is below 80%, thereby adequately
securing the City loan; now, therefore be it
RESOLVED, That, in order to induce Tompkins Trust Company to refinance and
consolidate the Mutual Housing Association of Tompkins County (MHATC) debt, the
Common Council of the City of Ithaca hereby agrees to subordinate its mortgage lien on
property located on First Street (tax parcel #25.-3-1.1) owned by MHATC to a mortgage
to be given to Tompkins Trust Company, and be it further,
RESOLVED, That MHATC is requested to submit to the City, within 45 days of the date
of this resolution, a proposal to restructure or pay off the City loan, and be it further
RESOLVED, That the Mayor, upon advice of the City Attorney, is hereby authorized to
execute all necessary and appropriate documents to implement this resolution,
including, but not limited to, a subordination agreement and an intercreditor agreement.
Carried Unanimously (8-0)
Alderperson Dotson absent from vote
9.6 Request to Amend Fringe Benefits for Managerial Personnel - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the Human Resources Director is recommending that bereavement leave
for management be modified to include family members and close friends not in the
immediate family, now therefore be it
RESOLVED, That Common Council hereby amends the Fringe Benefits for Managerial
Personnel, Bereavement Leave, number six (6) as follows:
May 6, 2009
11
Add: In the event of death of a friend, family member not in the immediate family
or associate of an employee, such employee may be allowed a leave of absence
with pay of one (1) day. The Department Head or Mayor, if the department head
makes the request, must approve this leave of absence.
Alderperson Clairborne stated that he would abstain from this vote as his spouse is a
member of the City’s managerial team.
A vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Rosario, Zumoff, Tomlan, Schuler, Myrick, Cogan
Nays (0)
Abstentions (1) Clairborne
Carried (8-0-1)
City Controller’s Report
City Controller Thayer reported on the following items:
The approved New York State budget will have a lesser negative impact on the City’s
budget than was previously thought.
The economy is still in a recession. The City’s sales tax collections have declined
significantly and are 4.7% less than 2008 collections (approximately $108,000) including
the State’s quarterly adjustment. He stated that the City needs to proceed with caution
in regards to spending and he is recommending a continuation of the City’s hiring and
purchasing freezes.
2010 Capital Project requests should only include mission critical projects and
equipment replacements. Street and road construction projects will be funded by
CHIPS funding. The 2010 budget focus will be to pay down debt and complete projects
that have already been funded. A State audit on the City’s capital project process has
been completed. A report with recommendations will be forthcoming.
City Controller Thayer reported that he will be recommending postponing the CSEA
compensation plan adjustments until January, 2010.
The fund balance may be needed to make up for budget shortfalls and to keep the 2010
tax rate at a reasonable rate. Building permit revenues are lower than expected due to
suspension of Cornell construction projects. Due to the drop in the CPI, Cornell’s
contribution to the City could be impacted.
Health insurance costs remain high but hopefully will stay within the $7 million budget.
Alderperson Coles reported on a recent meeting of the Health Insurance Consortium.
The 2010 budget preparation has begun. The preliminary taxable assessment shows a
3.74%. If the tax rate remains the same ($12.23 per $1,000) this would equal a
$653,000 increase in property tax revenues. This figure is subject to change. Pension
costs are expected to rise.
Alderperson Rosario requested that a review of the de-authorization of the
Taughannock Boulevard project and others that are unlikely to be completed be
included in the Capital Project review.
LEGISLATIVE ISSUES COMMITTEE:
11.1 An Ordinance to Amend Section 120-3 of Chapter 120 of the City of Ithaca
Municipal Code entitled “Youth Council” regarding Membership
By Alderperson Clairborne: Seconded by Alderperson Myrick
ORDINANCE 2009-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
May 6, 2009
12
Section 1.
Section 120-3 (B) of the City of Ithaca Municipal Code is hereby amended to read as
follows:
§120-3 Membership
A. The Youth Council shall consist of ten (10) members, all of whom shall be voting
members, appointed by the Youth Council Advisory Board subject to the approval of the
Common Council. The appointing entities shall commit to assembling a diverse,
multicultural and inclusive membership of the Youth Council, with regard to the
protected classes and other unique characteristics that represent the needs of the entire
community.
B. [At least seven (7)] Notwithstanding the provisions of Chapter 103 of this Code, at
least five (5) members shall be residents from the City of Ithaca. The remaining [three
(3)] five (5) members shall be selected from within the municipalities comprising the
Ithaca City School District. The members of the Youth Council must be at least 16 years
old and not past the 12th grade (or the age of 19, if not enrolled in high school).
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of
a notice as provided in the Ithaca City Charter.
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
RESOLVED, That the following changes be made to the Ordinance:
1. Under “Section 1” remove the reference to subsection (B).
2. Section 120-3 (B) shall be amended to read as follows:
“B. [At least seven (7)] Notwithstanding the provisions of Chapter 103 of this Code, at
least five (5) members shall be residents from the City of Ithaca. The remaining [three
(3)] five (5) members shall be selected from within the municipalities comprising the
Ithaca City School District. The members of the Youth Council must be at least 16 years
old and not past the 12th grade (or the age of 19, if not enrolled in high school).
Carried Unanimously (9-0)
Alderperson Clairborne explained that the membership numbers were developed before
the determination was made that voting members of the Council must be 18 years old.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (9-0)
11.2 An Ordinance to Amend Chapter 170 of the City of Ithaca Municipal Code
(now entitled “Encroachments”) and renamed “Use of City Real Property”
By Alderperson Clairborne: Seconded by Alderperson Tomlan
ORDINANCE 2009-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1:
Chapter 170 of the City of Ithaca Municipal Code is hereby amended to read as follows:
§ 170-1. Purpose; Transitory and certain other uses not covered (or also addressed
elsewhere).
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13
The purpose of this chapter is to establish a uniform City policy for treatment of requests
to encroach upon or use City-owned land, structures or air space in an ongoing manner.
This chapter is not intended to address transitory use of City-owned real property (if
such type of use is normally intended and otherwise lawful), such as for public parking
or loading and unloading. Nor is it intended to address certain uses of a temporary
nature (as that term is defined herein), including circuses, carnivals, parades, concerts,
special events (per se) or similar uses, or temporary street openings or sidewalk
repairs, or the placement of public art or news racks upon City land (all of which are
addressed by other provisions of this Code). Nor is it intended to provide sole
regulation of certain other uses, such as outdoor dining or mobile vending. (See
Section 170-6 of this chapter for reference to other provisions of this Code applicable to
the regulation of such temporary or certain other uses.)
§ 170-2. Definitions.
As used in this chapter, unless the context or subject matter otherwise requires, the
following terms shall have the meanings indicated:
AWNING - An object extending from the façade of a building which may be rolled up or
retracted.
AWNING, STANDARD - A nonstructural addition to the facade of any building which is
covered in fabric or other flexible membrane, where the fabric or membrane is
supported by a rigid frame of tubing or other noncombustible material and which is
capable of being rolled up or retracted to within one foot of the face of the structure to
which it is attached. Such standard awning must not be capable of projecting from the
face of the structure upon which it is mounted more than four feet from the face of the
structure and be no taller than four feet. The standard awning must be mounted on the
face of the structure to provide for an unobstructed clearance below the rigid frame of
the standard awning of at least seven feet above the sidewalk below. A non-rigid
valance may hang no greater than one foot below the rigid frame.
CANOPY - An object extending from the façade of a building that has a rigid framework
and cannot be rolled up or retracted.
CANOPY, STANDARD - A nonstructural addition to the facade of any building which is
covered in fabric or other flexible membrane, where the fabric or membrane is
supported by a rigid frame of tubing or other noncombustible material and which is
constructed so that it cannot be retracted. To qualify as a standard canopy, a canopy
may not project more than four feet from the face of the structure upon which it is
mounted, may be no taller than four feet and must be mounted on the face of the
structure to provide for an unobstructed clearance below the rigid frame of the standard
canopy of at least eight feet above the sidewalk below. A non-rigid valance may hang
no greater than one foot below the rigid frame.
ENCROACHMENT – An encroachment upon City land occurs when an ongoing, non-
transitory use, structure or improvement - associated with or exclusively or primarily for
the benefit of an adjacent or proximate landowner or another person or entity other than
the City - is established, erected or maintained upon City property, whether on, beneath
or above the surface of the ground. For the purpose of this Chapter, encroachment
includes but is not limited to buildings, fences, steps, walls, parking areas, signs,
awnings, canopies, cellar entrances, coal holes, service openings, marquees, sidewalk
elevators or hoist way openings or sidewalk vaults, docks, mobile vending carts, and
maintenance of tables for outdoor dining within the public right-of-way, and shall also
include such driveways as, in the opinion of the Superintendent of Public Works, are so
constructed or used as to create a permanent or continuously recurring obstruction to
the normal use of any public street or sidewalk or other land in the ownership of the City
of Ithaca. Notwithstanding the foregoing, a temporary, free-standing, portable sign used
to advertise a business on primary or secondary Ithaca Commons (which is regulated
pursuant to Chapter 157 of this Code) shall not be construed to be an encroachment for
the purpose of this Chapter.
ENCROACHMENT, MINOR – An encroachment that affects no more than 40 square
feet of area of City-owned land, and is not a mobile vending cart. If an encroachment
May 6, 2009
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involves a fence or wall, or a freestanding structure (such as a sign) that is located
wholly or partially on City land, the area of encroachment shall be defined as all that
area in City ownership between the outer face of the fence, wall or structure (for its full
length) and the nearest property line of the encroaching owner (or, if the person or entity
responsible for the encroachment is not an adjacent property owner, the nearest
boundary of the City property encroached upon).
LEASE – A written contract between the City and another person or entity allowing the
use of City-owned real property and establishing the conditions therefor. The lessee
may or may not be the owner of real property adjacent to the land intended to be
leased.
LICENSE – Written proof of permission to use City-owned real property for a temporary
period of time not to exceed one year (absent renewal), subject to revocation by the City
if such property is subsequently required for public purposes. Permission to encroach
upon adjacent City-owned property is granted pursuant to a revocable license.
MOBILE VENDING – The use of City property for maintaining in a temporarily stationary
condition a portable vehicle, cart, table or other such device, from which items for
purchase by members of the public are dispensed.
OUTDOOR DINING – The use of City property for the outdoor placement of tables and
seats intended for the service and consumption of food or beverages by members of the
public, for which a fee is charged.
PERMIT – Written proof of permission to use City-owned real property for a short period
of time in no case exceeding one year (and typically for shorter duration).
PUBLIC STREET - Includes the entire publicly-owned right-of-way for a street and any
public sidewalks and curb lawns associated with the street.
TEMPORARY – Typically more than transitory, but, unless otherwise specified herein,
not exceeding five (5) days in duration, and not recurring more than four (4) times in a
year. (Notwithstanding the provisions of this Chapter, a temporary use may be subject
to additional regulation pursuant to other provisions of the Code.)
TRANSITORY – Of fleeting or very limited duration and impact, typically not exceeding
approximately one or two hours and often of shorter duration.
§ 170-3. Easement, Lease, License or Permit required for encroachment upon or other,
non-transitory use of City-owned real property.
No person (who is not acting on behalf of the City of Ithaca or other authorized
governmental agency), whether or not as adjacent owner or tenant, or agent for the
same, shall create, erect or maintain or knowingly permit the creation, erection or
maintenance of any encroachment or use that is not excepted by Section 170-1, above,
in, upon, over or beneath any public sidewalk, street or other real property owned by the
City of Ithaca, without first obtaining and keeping in effect the appropriate, written
easement, lease, license or permit therefor, from the appropriate City official, agency or
board.
§ 170-4. Types of Authorization for ongoing use of City Land: Permits, Licenses,
Leases and Easements.
The following types of authorization shall be used in the implementation of this Chapter:
A. Permit (typically for seasonal or other short-term use; revocable):
(1) For Outdoor Dining;
(2) For Mobile Vending; or
(3) For temporary, exclusive (or semi-exclusive) use of City Parkland or Natural
Area
(e.g., pavilion reservation, filming, scientific project).
May 6, 2009
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B. License (for up to one year, and/or revocable upon less than a year’s notice; subject
to other conditions):
(1) For Encroachment (by adjacent owner), including merchandise display;
(2) For Use by a non-adjacent party;
(4) For a Sign; or
(5) For Concessionary Use of Public Parkland.
C. Lease (where applicant is not an adjacent property owner, or applicant seeks a term
of use or
occupancy that exceeds one year; limited, by State law, to 3 years for parkland).
D. Easement – may be temporary (e.g., for adjacent construction) or permanent (for a
pipeline or access), and subject to conditions; runs with the benefited land.
§ 170-5. Authority to grant approval for use of City property; No entitlement thereto.
A. The authority to grant approval for a permit for a use located on the primary or
secondary Ithaca Commons (for outdoor dining, mobile vending, events, exhibits,
freestanding signs and temporary planters) is and shall be vested in the Commons
Advisory Board or its designee, subject to the provisions of Chapter 157 (“Commons”)
of this Code.
B. The authority to grant approval for a permit for outdoor dining or for a mobile vending
cart or vehicle at a location other than the primary or secondary Ithaca Commons is and
shall be vested in the Superintendent of Public Works or his/her designee (for example,
the City Clerk).
C. The authority to convey a permanent easement across or involving City land is and
shall be vested in the Common Council, and no such easement shall be issued without
the Council’s approval.
D. The authority to grant approval for a lease for use of City property is and shall be
vested in the Common Council, except that the Board of Public Works is hereby
authorized to enter into non-renewable leases for a term not to exceed one year, of non-
park property not currently used or needed for other City purposes, consistent with the
provisions of Section 20 (2-a) of the General Municipal Law of New York State.
E. The authority to grant approval for temporary and exclusive (or semi-exclusive) use
of City parkland or a City natural area shall be vested in the Superintendent of Public
Works (or his/her designee).
F. The authority to grant approval for a license for any other use of or encroachment
upon City real property (except for an encroachment upon parkland, or as otherwise
specified herein) or for a temporary easement (not exceeding one year) is and shall be
vested in the Board of Public Works. No such license or temporary easement shall be
issued without a determination that the property is not currently used or needed for
other City purposes, and a majority vote to approve or authorize the same, by the Board
of Public Works.
G. The authority to grant approval of any easement across or license to encroach upon
or make non-transitory use of parkland shall be vested solely in the Common Council.
H. The granting of any permit, license, lease or easement hereunder shall be solely at
the discretion of the authorized officer, agency or board of the City of Ithaca, as set forth
above. Nothing herein shall be construed to require the granting of such permit,
license, lease or easement, nor shall any person be presumed to be entitled to such
permit, license or lease, for any reason. The granting of any particular permit, license,
lease or easement shall not be deemed to create a precedent binding upon any other
application.
§ 170-6. Applicability of other Code provisions.
A. The leases, licenses and permits provided for by this chapter shall be in addition to
any permit required by Chapter 146 (“Building Code Enforcement”), or other provisions
May 6, 2009
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of this Municipal Code or applicable laws, rules or regulations of the City of Ithaca or
State of New York, and shall not release any person from any duty or liability imposed
by the State Uniform Fire Prevention and Building Code or any other applicable
provision of this Municipal Code or others laws, rules or regulations of the City of Ithaca
or State of New York.
B. Requests for encroachments associated with City tax parcels 70.-5-1 and 70.-2-22,
and encroachments that project beyond the line established by the pedestals that
project from the building at tax parcel 70.-4-5.1, running easterly along the face of the
building at tax parcel 70.-4-5.1 and continuing past tax parcel 70.-4-4 to the intersection
of South Aurora Street, shall be reviewed by the Fire Chief prior to granting.
C. The placement of public art upon City-owned property is regulated by Chapter 5
(“Public Art Commission”) of this Code, rather than by this chapter.
D. Requests for permits for parades, certain types of assemblages, and special events
(that are not more than temporary, as that term is defined herein) are addressed in
Chapter 132 (“Assemblies and Parades”) of this Code, rather than in this chapter.
E. Requests for permits for circuses or carnivals are addressed in Chapter 155
(“Circuses and Carnivals”) of this Code, rather than in this chapter.
F. Requests for outdoor dining, mobile vending and certain other uses on the Ithaca
Commons are also subject to the regulations set forth in Chapter 157 (“Commons”) of
this Code.
G. Requests for licenses for peddling and soliciting are addressed in Chapter 232
(“Licensing of Businesses and Occupations”), Article V, of this Code, rather than in this
chapter.
H. The placement of news racks upon City sidewalks is regulated by Chapter 237
(“News Racks”) of this Code, rather than in this chapter.
I. Requests for permits for temporary street openings, sidewalk and driveway repair,
and use of a street or sidewalk during construction or demolition, are addressed in
Chapter 342 (“Streets and Sidewalks”) of this Code, rather than in this chapter.
§ 170-7. Application Procedure.
A. Any person seeking or requiring an easement, lease, license or permit for the use of
City real property for:
(1) outdoor dining at a location other than on the primary or secondary Ithaca
Commons,
(2) mobile vending at a location other than on the primary or secondary Ithaca
Commons,
(3) merchandise display adjacent to that person’s business, at a location other
than the primary or secondary Ithaca Commons,
(4) temporary, exclusive (or semi-exclusive) use of City parkland or natural area,
(5) concessionary use of City parkland, or
(6) any other use of City real property (including land, structure or air space) that
is not excepted from regulation herein by section 170-1 of this chapter,
shall complete and submit to the Superintendent of Public Works a written
application in the form provided by the Department of Public Works, together with
any required documentation and application fee. If an applicant fails to provide a
required application fee, the applicant shall be notified that the application will not
be processed until the fee is received.
B. Any person seeking or requiring a permit for:
(1) outdoor dining on the primary or secondary Ithaca Commons, or
(2) mobile vending on the primary or secondary Ithaca Commons, or
(3) merchandise display adjacent to that person’s business, on the primary or
secondary Ithaca Commons, shall complete and submit to the City Clerk a
written application in the form provided by that department, together with any
required attachments and application fee. If an applicant fails to provide a
May 6, 2009
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required application, documentation or fee, the applicant shall be notified that the
application will not be processed until the fee is received.
C. The Superintendent or City Clerk may require the applicant to provide a copy of a
survey or other appropriate drawing showing an existing or proposed encroachment, or
requested use.
D. The Superintendent shall determine whether an application is properly treated as a
request for a temporary easement, permanent easement, lease or license, and whether
it involves the use of public parkland.
E. The Superintendent shall determine whether the requested encroachment or use
interferes with any public works functions or needs, and whether any conditions should
be attached to any granting of an easement, license or lease.
F. With regard to any application for a license related to the properties listed in Section
170-6. B, above (or other such properties so identified by the Fire Chief), the
Superintendent shall provide a copy of the same to the Fire Chief, for review and
recommendation.
G. The Superintendent and the City Clerk shall provide a copy of any easement, lease,
license or permit application, together with any attachments, the Department Head’s
determination regarding interference with public works functions, and any
recommended conditions, to the City Attorney, for review.
H. The City Attorney shall determine whether there are any legal issues involved with
the application.
I. An application may be denied by staff on the basis of a public works, public safety,
environmental or legal concern, or if the proposed use would not be in the public
interest. In that case, the applicant shall be notified in writing of the denial and the
reasons therefor, and of the right to resubmit a modified application or to appeal the
denial (see Section 170-7(L), below).
J. If an application for a license or temporary easement is not denied by staff, the City
Attorney shall prepare a proposed resolution to grant the license, including a description
of any conditions to be associated with the license, for consideration by the Board of
Public Works, and the Superintendent shall cause the resolution to be placed on the
agenda of the next meeting of the Board at which time allows for such consideration.
K. If an application for a permanent easement or a lease is not denied by staff, the City
Attorney shall submit the application to the Mayor, together with any staff
recommendations, for consideration by Common Council.
L. An appeal of a staff denial of an application for a lease, license, easement or permit
shall be in writing, must include copies of the application (and any attachments) and the
denial notice, and the grounds for the appeal, and shall be submitted to the Mayor
within 15 days of the applicant’s receipt of such denial. If the Mayor grants the appeal,
the application shall be remitted to the Board of Public Works or the Common Council,
as appropriate per this chapter, for consideration. In any case, as noted above, whether
to grant such application shall be in the sole discretion of the City.
§ 170-8. Location of encroachment or use restricted; Removal.
In no case shall any encroaching structure or thing or permitted use be erected or
maintained within twenty-four (24) inches of the curb line or of any portion of a public
street or right-of-way that is used for vehicular travel. The Superintendent of Public
Works shall have the power and authority to effect the immediate removal of any
encroachment or use which projects closer than twenty-four (24) inches to such traveled
way, such removal to be accomplished by the most expeditious means, at the
Superintendent’s discretion; and in the instance when such removal is made by or on
behalf of the City, the permittee or owner benefited by such encroachment shall be
liable for full reimbursement of the City’s cost of removal of the same, together with the
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cost of restoration of the site to a safe and appropriate condition and an administrative
surcharge of 25%.
§ 170-9. Form and Terms of All Licenses and Permits.
A. A license for encroachment or permit for other use of City land shall be in the
form of a legally binding agreement signed by the City and by the owner of the
encroaching property or other user or permittee. Such license or permit shall specify
the name, address and contact information of the person to whom the license or permit
has been issued, the location of the premises and the encroachment(s) or use(s)
permitted. Each license shall cover only the encroachment(s) associated with one
adjacent lot.
B. The City, through the Mayor or Superintendent, specifically reserves the right to
revoke any permit or license if conditions warrant. Each license is revocable by the City
in the event of an emergency, or upon no more than three (3) months notice (or such
other period as is specified in the license or permit) to the licensee or permittee or upon
failure of the licensee or permittee to comply with any term in the license or permit.
Sufficient reasons to revoke a license or permit include but are not limited to: insufficient
maintenance by the licensee or permittee such that the encroachment or permitted use
is rendered unsafe; or changes in the use of streets or sidewalks such that the
encroachment or use has been rendered a public nuisance. The Superintendent shall
notice the owner of the encroachment or permittee of the decision to revoke the license
or permit and shall fix a reasonable time for removal of the encroachment or use, by the
licensee or permittee, that is appropriate to the reason for the removal. Any person
aggrieved by a decision of the Superintendent may file an appeal with the Board of
Public Works, within 15 days of the receipt of the removal notice. The revocation notice
shall include notification to the encroachment owner of the right to appeal and the time
limitation for commencing an appeal.
C. A licensee or permittee may terminate a license or permit upon prior written
notice to the Superintendent of at least 30 days. Such termination shall not relieve the
licensee or permittee from any continuing obligations specified in the license or permit
(such as restoration of the occupied site). Any prorated refund of the use fee for time
not used due to the termination shall be contingent upon satisfaction of all conditions of
the license.
D. Terms that shall be incorporated into any license or permit shall also include but
are not necessarily limited to the following:
(1) The licensee or permittee shall be required to keep in place at all times
personal injury liability insurance coverage, in the sum of at least
$1,000,000.00 (or other appropriate amount as required by the City), upon
the owner’s property and the encroachment or use, at owner’s sole cost, and
shall ensure that the City is named therein as an additional insured. The
owner shall provide proof of such insurance coverage at the time of issuance
of the license, and of the continuation of such coverage, on an annual basis,
as required by the license or permit.
(2) The licensee or permittee shall be required to indemnify and hold harmless
the City from any loss, injury, damage or claim arising out of the use of the
encroachment or the City property encroached upon or due to the negligence
or fault of the owner in connection with the encroachment or permitted use,
including any costs or reasonable attorney’s fees incurred by the City in its
defense against such claims.
(3) The licensee or permittee shall be required to maintain the encroachment or
permitted use in good, sound, serviceable condition, such that it poses no
safety hazard to users of adjacent public areas and is consistent with the
requirements of section 170-8 herein, and to repair any encroaching or
permitted structure or thing, as directed by the City, or to remove it, within the
time stipulated. The owner shall be required to agree that in the event of the
owner’s failure to repair as directed or remove, the City may repair or remove
the encroaching structure or thing and to invoice the owner for the cost, plus
an administrative surcharge of 25%.
(4) Every licensee shall be responsible for restoring the site used pursuant to
the license or permit to its prior condition, upon the conclusion of said use or
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upon termination of the license or permit, which first occurs. Any damage to
the site or any trash, litter or debris remaining on the site following said use
shall be presumed to have been caused by the licensee or permittee, and, if
the licensee or permittee fails to rebut said presumption or to repair the site or
remove the materials, within 5 days of notice to do so, a charge may be
levied upon the licensee or permittee, by the City, for the cost to remove the
materials, plus an administrative surcharge of 25%.
(5) A license for encroachment shall be transferable to a new owner of the
adjacent property served by the encroachment. A permit is not transferable
without the City’s consent.
§ 170-10. Fees for Permits, Licenses and Easements; Duration of Licenses; Appraisal
and Appeal Processes.
A. Application and Renewal fees.
A schedule of application and (where relevant) renewal fees for the easements, licenses
and permits described in and regulated by this chapter shall be established and
modified from time to time by the Board of Public Works, by resolution, except that the
application fee for a sign permit shall be established pursuant to Chapter 272 of this
Code. Such application fees shall be non-refundable. A renewal fee shall be required
only if the expenditure of additional, non-negligible City staff time or resources is
required in connection with the renewal.
B. Annual Use Fee for a License or Permit; Incorporation of cost of any property
taxes assessed as a result of such use; Procedure for Appeal of appraised value.
Commencing January 1, 2010, and except as otherwise provided for herein, the annual
use fee for a license or permit to use City land, unless waived, shall be based upon the
fair rental value of the encroached-upon land or the type of land to be occupied
pursuant to the permit, as such value is determined by the City or its approved agent,
through an appraisal process conducted at least once every five (5) years (which
process shall be subject to approval of the Board of Public Works), and shall include the
cost of such appraisal (which the City may, in its discretion, apportion over a period of
years or a number of similar properties), and the City’s cost of administering the license
or permit. The City may apply the same rate (per square foot) for all properties of a
similar type (e.g., any outdoor dining or mobile vending cart on the primary Ithaca
Commons, or on a particular block). In the event that reappraisal does not occur in a
timely manner, the fair rental value shall be presumed to remain the same as
determined, by the City, for the fifth year since the previous appraisal process, until
modified by a new appraisal. The use fee for a permit for outdoor dining, mobile
vending or merchandise display shall be prorated, based on the portion of the year for
which the permit is granted. The annual use fee shall be due upon the initial issuance
of a license or permit, and by or upon the anniversary date, in the event of a renewal. In
the event that the tax-exempt status of the premises to be licensed is affected as a
result of the licensed use, any property taxes assessed against the City for the premises
shall be incorporated into the annual fee for the license year following the
reclassification of the premises for tax purposes. Any license or permit holder shall be
entitled to dispute and appeal the fair rental value as determined by the afore-
mentioned appraisal process, by describing in writing and in detail the grounds for such
dispute, which appeal shall be considered and determined by the Board of Public Works
within 45 days of its submission to the Superintendent of Public Works.
C. Waiver or other prorating of Annual Use Fee.
The annual use fee:
(1) Shall be waived for a minor or temporary encroachment;
(2) May be waived or modified, in the sole discretion of the Board of Public
Works, in certain cases, including but not necessarily limited to those where
the City is not inconvenienced or constrained by the existence of the
encroachment, where the encroachment has existed for a substantial period
of time without objection by the City, and/or where the value of the
encroached-upon land to the City appears to negligible;
(3) May be prorated (at the discretion of the involved Department Head) where
the licensee or permittee, on notice to the City, terminates the use prior to the
expiration date of the license or permit.
May 6, 2009
20
D. At the discretion of the City, the annual use fee schedule may be adjusted for
each year (or portion of a year) that the license or permit is renewed, by an amount up
to the amount of the increase in the Consumer Price Index since the establishment or
previous change in the fee (whichever is more recent). Such adjustments may be made
for up to four (4) years without a new or updated appraisal. If the City does not notify a
licensee or permittee, in writing, of an adjusted fee, by February 1st of any year, the fee
for the previous year shall apply.
E. All licenses and renewals thereof (not including permits) shall expire on the first
day of April in each year following their date of issuance or renewal, it being the
intention that such licenses and renewals thereof shall be valid for a period not to
exceed one year.
G. If a licensee does not notify the City, in writing, by March 1st of a subsequent
year, of the licensee’s intention not to renew the license, and the City does not notify the
licensee, by March 1st of a subsequent year, of its intention not to renew the license, the
license shall be deemed to be renewed for the subsequent year, and the annual use fee
for such renewal period, unless and until the license is duly terminated by the licensee,
shall thereby become due and payable. In the case of permits for outdoor dining or
mobile vending, there shall be no automatic renewal of such permit; such permit shall
be deemed to be expired unless a new application therefor has been submitted and
approved.
E. In the event that the annual use fee for a renewed license remains unpaid for
more than one month after the renewal date, the City Chamberlain shall notify the
licensee, and (if different) the adjacent, encroaching property owner, of the delinquency.
Any annual use fee for a license that remains unpaid at the next lien date for City taxes,
notwithstanding such notice, shall thereupon become a lien against the adjacent real
property of the licensee (or, as the case may be, of the licensee’s landlord), and may be
collected as provided by law.
§ 170-11. Form and Terms of Leases and Easements.
Where the use of City land requires a lease or permanent easement (pursuant to this
Chapter), such lease or easement shall be in the form of a legally binding agreement
signed by the Mayor and the tenant or easement beneficiary, and shall be drafted
and/or reviewed by the City Attorney prior to execution. The terms of such leases and
easements shall be particular to the situation, for reasonable and proper consideration,
and, unless otherwise specified herein (or by Common Council), subject to the approval
of Common Council.
§ 170-12. Merchandise Displays.
A. Permit Required for Use of Sidewalk or Street
No person shall place, suspend or cause to be placed or suspended any goods,
wares or merchandise in any public sidewalk or street in front of or alongside of
his/her/its place of business, except upon written application for and approval of a
permit (subject to the conditions specified in subsection C, below) by the following:
(1) For property that is part of the Ithaca Commons: the Commons Advisory
Board, pursuant to Chapter 157 of this Code;
(2) For other property:
a. For temporary use (not to exceed four days in any 6-month period):
the Superintendent of Public Works or his/her designee;
b. For non-temporary use: the Board of Public Works
B. Factors to be Considered
In considering whether to grant such approval, the Commons Advisory Board or
the Superintendent may, in their discretion, consult with other, appropriate City officials
and boards, and shall consider the following factors:
(1) whether the proposed display will be set up in a manner that maintains
sufficient space for unencumbered pedestrian passage along the sidewalk ;
(2) whether there will be adequate supervision of the display by the business;
(3) whether all appropriate safety concerns are addressed;
May 6, 2009
21
(4) whether the display will be removed from the public street or sidewalk at the
close of the hours of operation of the business
C. Conditions
(1) No permit shall be issued for a period in excess of one year.
(2) Any permit may include such additional conditions which the issuing official
or body may deem necessary or appropriate.
(3) All permits shall be subject to the fees set forth in subsection 170-10, above.
§ 170-13. Awnings, Signs, Canopies, Marquees and Other Building Projections
A. The provisions of this section shall be enforced by the Building Commissioner (and,
as applicable, the Fire Department).
B. Any person who seeks to construct, install or maintain an awning, canopy, sign,
marquee or other building projection such that it constitutes an encroachment upon City
property, shall require a license, as described herein. Any such awning, canopy, sign,
marquee or other building projection for which an application for construction,
installation or substantial replacement is received, after the effective date of the
amendment of this chapter that was enacted on May 6, 2009, shall also require a
building permit from the Building Commissioner and shall be subject to the provisions of
this section. The Building Commissioner may require the submission of drawings or
other materials prior to ruling on the request for such a building permit.
C. Awnings.
No person shall place or maintain any awning over any sidewalk unless the same shall
be supported by metal rods and a frame. Every part of such awning and the supports
therefor shall be at least seven feet above the sidewalk except for a non-rigid valance
hanging no more than one foot below the rigid frame. Following the granting of a license
for encroachment, the installation of a standard awning (see Definition) shall not require
the review of any other City agency other than the Building Commissioner, except for
installations normally within the purview of the Ithaca Landmarks Preservation
Commission or which are associated with properties described in Section 170-6.B,
above.
D. Signs; Signs on awnings or marquees.
(1) Generally. No person shall place or maintain over or above any street in front
of or alongside of his/her building or lot any sign which shall project over or
above said street more than 18 inches from the building face, as provided in
Chapter 272 (“Signs”).
(2) Signs on awnings or marquees. Signs giving the name of a business or
establishment occupying the premises to which an awning or marquee is
attached may be placed on the front and sides of such awning or marquee. The
symbols constituting such signs shall be painted, sewn, welded, bolted or
otherwise securely attached to such awning or marquee and may be movable as
in the case of movie marquees. The area required for such signs shall be
considered to be a part of the total sign area which may be allowed the premises
on which it is located, as set out in Chapter 272. Such signs shall not project
more than 18 inches from the surface of the awning or marquee on which they
are mounted, nor shall they in any instance project beyond the limits set forth in
Section 170-8, above.
(3) Fees for signs on awnings or marquees. Signs added to or erected on
awnings, marquees or other projections from any building shall be subject to the
regular permit fees for signs so set forth in Chapter 272. Where any such sign
projects from the surface of any such marquee, awning or other projection which,
in itself, constitutes an encroachment as defined herein, each such projecting
sign shall be considered to be an additional encroachment and shall be subject
to any applicable annual use fee as provided for in Section 170-10, above.
E. Marquees, canopies and other building projections - location and installation
specifications.
(1) Marquees or canopies with a structural metal framework may be placed over
the entrances and fronts of stores, theaters and hotels and may extend to within
18 inches of the curb only on streets where the sidewalk occupies the entire
May 6, 2009
22
space from the building line to the curb. The top, front and sides of such
structures may incorporate wire glass, shatterproof glass or other safe
transparent or translucent material intended to admit light to the sidewalk below
or to allow illumination of any sign attached to or behind the front or sides of the
marquee. The lowest edge of any marquee, canopy, sunscreen or other
projection shall not be less than 9.5 feet above the sidewalk, provided that the
lowest edge of any portion of any marquee or canopy that is located within four
feet of the building shall not be less than eight feet above the sidewalk. Such
structures must be securely fastened to the building, supported as to outward
projection by means of the rods or chains securely fastened both to the structure
of the marquee or canopy and to the structure of the building above it.
Ornamental iron or steel brackets may also be included in the design of such
marquees and may extend down on the wall of the building to a point not less
than eight feet above the sidewalk at the wall of the building. Electric lights may
be used in the illumination of marquees.
(2) The installation of a standard canopy (see Definitions) shall not require the
review of any City agency other than the Building Commissioner, except for
installations normally within the purview of the Ithaca Landmarks Preservation
Commission or which are associated with the properties described in Section
170-6.B, above.
F. Conditions prerequisite to installation and operation of awnings, canopies, marquees
or other building projections.
A condition of any permit granted by the Building Commissioner for an awning, canopy,
marquee, or other projection shall be that, upon removal of the encroachment, any
damage caused by its installation shall be repaired to restore the building's historic
facade to its original and/or its historic condition.
G. Disapproval of design by the Building Commissioner; Appeal.
Should the Building Commissioner disapprove the design of a proposed awning,
canopy, marquee or other building projection, for any reason, he/she shall notify the
applicant by the most expedient means, stating the reasons for such disapproval. In the
event that no agreement on an acceptable design is reached between applicant and the
Building Commissioner, the applicant shall have the right to appeal the Building
Commissioner's decision to the Planning and Development Board, unless the property
in question has been designated an historic landmark or is within an historic district, in
which event the appeal shall be to the Ithaca Landmarks Preservation Commission. In
issuing its determination, the Planning and Development Board or the Ithaca Landmarks
Preservation Commission, as the case may be, may solicit the opinions of the
Superintendent of Public Works, the Police Chief, the Fire Chief or the Director of
Planning and Development.
§ 170-14. Penalties for offenses.
Any person who violates any provisions of this chapter shall be punished as provided in
Chapter 1 (General Provisions, Article I, Penalties) of this Code.
Section 2:
Chapter 232 of the City of Ithaca Municipal Code (“Licensing of Businesses and
Occupations”) shall be and hereby is amended as follows: In Section 232-41
(Exemptions”), add the following new subsection A.(6):
(6) By any person selling prepared food or other merchandise from a mobile
vending cart or other vehicle that occupies one or more fixed, designated
locations on City-owned property, provided such person has obtained and
maintains a permit for mobile vending pursuant to Chapter 170 of this Code.
Section 3:
Chapter 285 of the City of Ithaca Municipal Code (“Streets and Sidewalks”) shall be and
hereby is amended as follows:
Delete Article I (“Merchandise Displays”) and renumber subsequent Articles and
Sections accordingly.
May 6, 2009
23
Section 4. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
Section 5. Effective Date
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That the following title and introduction be added to the Ordinance:
“An Ordinance to Amend Chapter 170 (now entitled “Encroachments,” to be
renamed “Use of City Real Property”), Chapter 232 (“Licensing of Businesses and
Occupations”) and Chapter 285 (“Streets and Sidewalks”) of the City of Ithaca
Municipal Code
WHEREAS, Mayor Carolyn K. Peterson previously identified a need to update and
revise the City of Ithaca’s approach to the licensing of City-owned real property for
ongoing use by adjacent owners, or others, in order to provide consistency and to
ensure that the City received full value for such use, and
WHEREAS, in late 2006, a special committee was formed to examine the City’s policies
and practices, with regard to the use of its property, which committee involved
appropriate staff and members of the Board of Public Works, and
WHEREAS, in early 2009, the committee recommended that Chapter 170 of the City of
Ithaca’s Municipal Code, currently entitled “Encroachments,” be comprehensively
revised, and retitled “Use of City Real Property,” and
WHEREAS, on February 11, 2009, the Board of Public Works voted unanimously to
recommend Common Council adoption of the committee’s recommendations (with
some revisions by the Board), and
WHEREAS, based on comments and suggestions from Common Council’s Legislative
Committee, at its meetings in February and April of 2009, certain additional revisions
were made to the proposed ordinance amendment, including related changes to
Chapters 232 and 285 of the City Code, and
WHEREAS, the Common Council has determined that the proposed amendments to
Chapters 170, 232 and 285 of the City of Ithaca Municipal Code will bring more
structure and consistency to the City’s practice in considering and granting permits,
licenses, easements and leases for the use of City-owned real property, and will
implement a mechanism for establishing fair compensation for such use (when it is of a
substantial, ongoing nature), based on the appraised value of the property to be
occupied, now, therefore,”
Carried Unanimously (9-0)
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Dotson
RESOLVED, That Section 170-10 (A) and (B) be amended to read as follows:
§ 170-10. Fees for Permits, Licenses and Easements; Duration of Licenses;
Appraisal and Appeal Processes.
A. Application and Renewal fees.
A schedule of application and (where relevant) renewal fees for the easements, licenses
and permits described in and regulated by this chapter shall be established and
modified from time to time by the Board of Public Works, by resolution, except that the
application fee for a sign permit shall be established pursuant to Chapter 272 of this
Code. Such application fees shall be non-refundable. A renewal fee shall be required
only if the expenditure of additional, non-negligible City staff time or resources is
required in connection with the renewal. Until such schedule is initially established
May 6, 2009
24
by the Board of Public Works, the application and renewal fees for the uses
regulated herein, that were in place immediately prior to the amendment of this
Chapter (and of Chapters 232 and 285) on May 6, 2009, shall remain in effect.
B. Annual Use Fee for a License or Permit; Incorporation of cost of any property
taxes assessed as a result of such use; Procedure for Appeal of appraised value.
Commencing January 1, 2010, and except as otherwise provided for herein, the annual
use fee for a license or permit to use City land, unless waived, shall be based upon the
fair rental value of the encroached-upon land or the type of land to be occupied
pursuant to the permit, as such value is determined by the City or its approved agent,
through an appraisal process conducted at least once every five (5) years (which
process shall be subject to approval of the Board of Public Works), and shall include the
cost of such appraisal (which the City may, in its discretion, apportion over a period of
years or a number of similar properties), and the City’s cost of administering the license
or permit. The City may apply the same rate (per square foot) for all properties of a
similar type (e.g., any outdoor dining or mobile vending cart on the primary Ithaca
Commons, or on a particular block). In the event that reappraisal does not occur in a
timely manner, the fair rental value shall be presumed to remain the same as
determined, by the City, for the fifth year since the previous appraisal process, until
modified by a new appraisal. The use fee for a permit for outdoor dining, mobile
vending or merchandise display shall be prorated, based on the portion of the year for
which the permit is granted. The annual use fee shall be due upon the initial issuance
of a license or permit, and by or upon the anniversary date, in the event of a renewal. In
the event that the tax-exempt status of the premises to be licensed is affected as a
result of the licensed use, any property taxes assessed against the City for the premises
shall be incorporated into the annual fee for the license year following the
reclassification of the premises for tax purposes. Any license or permit holder shall be
entitled to dispute and appeal the fair rental value as determined by the afore-
mentioned appraisal process, by describing in writing and in detail the grounds for such
dispute, which appeal shall be considered and determined by the Board of Public Works
within 45 days of its submission to the Superintendent of Public Works. Until January
1, 2010, all annual or other fees for the uses of City property regulated herein, that
were in place immediately prior to the amendment of this Chapter (and of
Chapters 232 and 285 of this Code) on May 6, 2009, shall remain in effect.
Carried Unanimously
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Tomlan
RESOLVED, That the title of Section 170-4 be amended to read as follows:
Ҥ170-4. Types of Authorization for ongoing use of City Real Property: Permits,
Licenses, Leases and Easements.”
Carried Unanimously (9-0)
City Attorney Hoffman explained the history behind this legislation and noted that in
addition to replacing the current legislation, this Ordinance also amends Chapter 232 of
the City Code entitled “Licensing of Businesses and Occupations” regarding mobile
vending by transferring the authorization to issue permits from the Ithaca Police
Department to the Superintendent of Public Works and requiring that permits be issued
pursuant to Chapter 170. He further explained that Chapter 285 of the City Code
entitled “Streets and Sidewalks” is amended to delete the Article regarding Merchandise
Displays as they will also be covered by the new Chapter 170.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously (9-0)
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
12.1 2009-2013 Consolidated Plan Adoption – HUD Entitlement Program -
Resolution
By Alderperson Dotson: Seconded by Alderperson Tomlan
WHEREAS, in the Fall of 2003, the US Department of Housing and Urban Development
(HUD) notified the City that it qualified as an ‘Entitlement Community’ and that it would
be receiving an annual allocation of HUD funds through the Community Development
May 6, 2009
25
Block Grant Program (CDBG) and the HOME Investment Partnerships (HOME)
Program, and
WHEREAS, in order to access these funds, the City was required to undertake a public
input process and prepare a Consolidated Plan which identifies priority community
development needs for the City of Ithaca every 5 years, and
WHEREAS, it is now time to prepare an updated Consolidated Plan, and
WHEREAS, at their January 7, 2009 meeting the Common Council designated the
Ithaca Urban Renewal Agency (IURA) as the Lead Agency to develop and administer
the Consolidated Plan on behalf of the City, and
WHEREAS, the Consolidated Plan may only be adopted by the Common Council after it
has undergone a 30-day public comment period and been the subject of two public
hearings, and
WHEREAS, the first public hearing was held before the IURA on January 22, 2009 and
the second public hearing was held at the Planning and Economic Development
Committee of the Common Council on April 15, 2009, and
WHEREAS, following a citizen participation process to gain public input in identifying
priority community development needs, the IURA issued a draft 2009-2013
Consolidated Plan for a 30-day public comment period that ended on April 16, 2009,
and
WHEREAS, the IURA reviewed and adopted the draft Consolidated Plan at their
meeting on March 26, 2009, and further recommended its adoption by the Common
Council, and
WHEREAS, the adopted Consolidated Plan must be received by HUD by May 15, 2009,
and
WHEREAS, at their April 15, 2009 meeting the Planning and Economic Development
Committee forwarded the Consolidated Plan to the Common Council for action following
consideration of public comment received, now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby adopts the 2009-2013
Consolidated Plan, dated April 24, 2009, and be it further
RESOLVED, That the Common Council authorizes the Mayor, subject to review by the
City Attorney, to execute certifications and any other documents necessary to submit
the Consolidated Plan to HUD.
Alderperson Dotson thanked the IURA staff for all of their work in pulling this plan
together. Alderperson Rosario noted that he appreciates the extra effort that Deputy
Community Development Director Sue Kittel put in to try to analyze the demographic
data.
A vote on the Resolution resulted as follows:
Carried Unanimously (9-0)
12.2 2009 Action Plan – HUD Entitlement Grant Program - Resolution
By Alderperson Dotson: Seconded by Alderperson Tomlan
WHEREAS, the City of Ithaca is eligible to receive an annual formula allocation of funds
to meet community development needs through the HUD Entitlement program from the
Community Development Block Grant program (CDBG) and the Home Investment
Partnerships program (HOME) funding sources, and
WHEREAS, on January 7, 2009, the Common Council for the City renewed its
designation of the Ithaca Urban Renewal Agency (IURA) as the lead agency to develop
and administer the HUD Entitlement program on behalf of the City of Ithaca, including
development of a proposed 5-year Consolidated Plan and annual Action Plans, and
May 6, 2009
26
WHEREAS, the Common Council has adopted the 2009-2013 Consolidated Plan
identifying goals, objectives and strategies for use of HUD Entitlement program funding
to address priority community development needs, and
WHEREAS, the annual Action Plan identifies a specific list of budgeted community
development projects proposed to be undertaken with HUD Entitlement program funds,
and
WHEREAS, the City of Ithaca is eligible to receive the following estimated allocations
through the 2009 HUD Entitlement program:
$805,876 CDBG (Community Development Block Grant)
$517,815 HOME (Home Investment Partnerships Program)
$1,323,691 Total Entitlement Grant Funds, and
WHEREAS, $130,000 in program income is projected to be received from loan
repayments in program year 2009, and these funds must also be allocated as part of
the 2009 Action Plan, and
WHEREAS, the IURA utilized an open and competitive project selection process for
development of the 2009 Action Plan in accordance with the Citizen Participation Plan,
now, therefore be it
RESOLVED, That the Common Council adopts the attached “IURA Recommendation –
2009 HUD Entitlement Program”, latest revision dated February 26, 2009, as the Action
Plan for allocating a projected 2009 HUD Entitlement award of $1,323,691 and
$130,000 of program income, and be it further,
RESOLVED, That in the event that the actual amount of the HOME award differs from
the projected amount, the amount of funding allocated for the Homeowner
Rehabilitation program shall be adjusted accordingly, and be it further,
RESOLVED, If the actual CDBG award is at least $5,000 above the projected amount,
then the Modular Ramp Program will be funded by this increase, up to the original
amount requested by Finger Lakes Independence Center ($10,000), and be it further
RESOLVED, That with the exception described above, in the event that the actual
amount of the CDBG award differs from the projected amount, the amount of funding
allocated for the Natural Leaders Initiative project shall be adjusted accordingly, and be
it further,
RESOLVED, That should the IURA determine that any of the proposed projects in the
Action Plan encounter feasibility issues that would hinder their timely completion or
adversely affect their eligibility prior to the HUD submission deadline, the Common Council
authorizes the IURA, upon approval by the Mayor and the Chair of the Planning &
Economic Development Committee, to make adjustments in the application to resolve
feasibility and eligibility concerns, and be it further
RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded
in the adopted 2009 Action Plan, and be it further,
RESOLVED, That the Common Council authorizes the IURA to administer and
implement the 2009 Action Plan activities in accordance with applicable regulations.
Alderperson Myrick stated that he would abstain from this vote as he has accepted a
position with the Learning Web for next year and they are a recipient of this funding.
Mayor Peterson announced that the City has been notified that it is eligible for increased
funding under this program that will fund additional projects. The new funding figures
will be forwarded to Common Council shortly.
May 6, 2009
27
Alderperson Clairborne explained the lengthy review and selection process the IURA
follows to prepare this Action Plan. Alderperson Rosario described the stewardship of
projects provided by Deputy Director Kittel and stated that her outreach forums
conducted in the community should become a model for other initiatives.
A vote on the Resolution resulted as follows:
Ayes (8) Coles, Dotson, Clairborne, Rosario, Zumoff, Tomlan, Schuler, Cogan
Nays (0)
Abstentions (1) Myrick
Carried (8-0-1)
NEW BUSINESS:
14.1 Blue Stone Bar & Grill Alcohol Permit Request - Resolution
By Alderperson Myrick: Seconded by Alderperson Schuler
WHEREAS, the City Clerk 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 Unanimously (9-0)
14.2 Lost Dog Café Alcohol Permit Request - Resolution
By Alderperson Myrick: Seconded by Alderperson Clairborne
WHEREAS, the City Clerk has received a request to allow the Lost Dog Café to utilize
certain areas along Cayuga 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 Lost Dog Café, 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 Lost Dog Café
that includes the sale of alcohol in accord with the terms and conditions set forth in
May 6, 2009
28
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously (9-0)
REPORTS OF COMMON COUNCIL LIAISONS:
TCAT
Alderperson Cogan reported that TCAT has been awarded Stimulus Funds that will
allow them to replace 15 buses. A local share is required for the program and the City’s
percentage of that could be approximately $90,000.
Public Art Commission
Alderperson Tomlan reported that materials will be forthcoming on the selection of
public art for the three panels on the Green Street Parking Garage. She noted that
there were many artist submissions.
Mayor Peterson reported that the pedestrian activated traffic signal on the 100 block of
East Green Street near the parking garage has been activated.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb reported that the database created for City Cemetery
records will soon be available to the public via the web. The Clerk’s Office has been
working with the software company to host the data on a website entitled “Names in
Stone” which will be accessible by a link on the City’s website. This information will
become accessible Memorial Day weekend.
City Clerk Conley Holcomb further reported that the City has established a Crisis Action
Team (CAT) that will begin addressing employee related issues and developing a
Continuity of Operations Plan in response to the H1N1 Flu outbreak.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that the City has received a Human Rights case that
involves an allegation of discrimination with regards to a disciplinary action taken in a
City department.
He further reported that a personal injury claim has been received regarding a
motorcycle accident that happened during the construction of the Green Street Parking
Garage. The City’s insurance carrier will provide a defense for the City.
City Attorney Hoffman further noted that he would be in communication with Common
Council members regarding the subpoenas they were served earlier this evening.
20. MINUTES FROM PREVIOUS MEETINGS:
20.1 Approval of the April 1, 2009 Regular Common Council Meeting Minutes –
Resolution
This item was withdrawn from the agenda.
20.2 Approval of the April 16, 2009 Special Common Council Meeting Minutes –
Resolution
This item was withdrawn from the agenda.
ADJOURNMENT:
On a motion the meeting adjourned at 10:15 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor