HomeMy WebLinkAboutMN-CC-2009-12-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. December 2, 2009
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler,
Myrick, Cogan, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Acting Fire Chief – Dorman
City Planner - Kusznir
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested that Item 8.1 – Establishment of Standard Workday as
Required by the New York State Retirement System–Resolution, be removed from the
consent agenda and renumbered as Item 12.11 under the City Administration
Committee.
Mayor Peterson requested the deletion of Item12.12 – Possible Motion to Enter into
Executive Session to discuss Collective Bargaining.
No Council member objected.
New Business:
Mayor Peterson requested the addition of Item 14.2 - Authorization to Execute an
Agreement with the Towns of Ithaca and Dryden, as to the Sharing of Costs of the City’s
Legal Defense in FirstEnergy Corp. vs. City of Ithaca, et al, and Any Liability Associated
with the Ownership and Operation of the Ithaca Area Wastewater Treatment Facility,
Since December 22, 1981 – Proposed Resolution.
She further requested the addition of a Possible Motion to Enter into Executive Session
to discuss current litigation.
No Council member objected.
Order of the Agenda:
Mayor Peterson requested that the order of the agenda be adjusted so that the City
Administration Committee items be considered first, followed by the Legislative
Committee and Planning and Economic Development Committee items.
Alderperson Rosario requested the addition of a Possible Motion to Enter into Executive
Session to Discuss the Employment History of an Individual Employee.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson proclaimed the week of November 29, 2009 – December 6, 2009 as
“Think Local First” week in the City of Ithaca.
December 2, 2009
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SPECIAL ORDER OF BUSINESS:
4.1 Pride of Ownership Awards
Scott Whitham presented the following Pride of Ownership awards on behalf of the
Ithaca Rotary Club and the City of Ithaca to property owners who developed projects or
made improvements to or maintained their properties in ways that enhanced the
physical appearance of city neighborhoods and commercial areas:
Ithaca Neighborhood Housing Services – Cedar Creek Apartments, 310 Floral Avenue
Torchia Family – 310 Park Place
Community Building Works – 106 Westfield Avenue
Tompkins County Red Cross Homeless Shelter – 618 West State/Martin Luther King,
Jr. Street
Cornell University – Libe Slope
Urban Outfitters – 131 East Green Street
Each award recipient received a hand-drawn rendering of their property created by
Architect John Barradas.
Alderperson Clairborne arrived at the meeting at 7:20 p.m.
4.2 A Public Hearing to Obtain Public Comments on Proposed Revisions to
Chapter 276 of the City of Ithaca Municipal Code pertaining to Bicycle Parking
Facilities
Resolution to Open Public Hearing:
By Alderperson Dotson: Seconded by Alderperson Schuler
RESOLVED, That the Public Hearing to Obtain Public Comments on Proposed
Revisions to Chapter 276 of the City of Ithaca Municipal Code pertaining to Bicycle
Parking Facilities be declared open.
Carried Unanimously
Alderperson Dotson explained the proposal to enhance bicycle parking facilities.
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Myrick: Seconded by Alderperson Cogan
RESOLVED, That the Public Hearing to Obtain Public Comments on Proposed
Revisions to Chapter 276 of the City of Ithaca Municipal Code pertaining to Bicycle
Parking Facilities be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Tompkins County Legislature
Carol Chock, Tompkins County Legislator/3rd District, reported on the following issues:
2010 Budget has been adopted with a 3.99% increase in the tax levy and a 1.1%
increase in the tax rate (equaling $6.00 per $1,000 of assessed value)
The Tompkins County Legislature approved the creation of the Tompkins County
Development Corp. which will be administered by the Industrial Development Agency
(IDA). The Development Corp. was created in order to issue bonds to create jobs, and
promote community and economic development.
Fernando D’Aragon gave a presentation to the Legislature on the Ithaca-Tompkins
County Transportation Council (ITCTC) long-term Transportation Plan and its
relationship to the County’s plan to reduce carbon emissions.
Tompkins County Council of Governments (TCCOG) hosted a public hearing on the
Marcellus Shale gas drilling initiative that drew an audience of 1,000 people to the State
Theater. A video of the hearing and the comments collected are available online at
www.tompkins-co.org/legislature/TCCOG.
December 2, 2009
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Alderperson Tomlan extended her thanks to County staff members for their work on the
gas drilling initiative, especially noting how helpful the presentations made at the
Unitarian Church meeting were.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Liz Karabinakis and members of the GIAC Board of Directors addressed Council to
inform them of bias-related incidents that have been occurring at GIAC including phone
messages left on the answering machine that included derogatory statements and racial
slurs. She requested that the Mayor dedicate all of the City’s resources to bring a
satisfactory resolution to this situation.
Laura Branca, C/Ithaca, expressed support for GIAC and requested the use of all
necessary resources to find the person responsible for the bias-related incidents, and to
protect the GIAC staff.
Monty Berman, T/Ithaca, expressed support for GIAC during these stressful times when
racist remarks are being made.
Kirby Edmonds, C/Ithaca, expressed support for the GIAC staff during these months of
stress and harassment, and encouraged Common Council to make a public statement
that hate crimes will not be tolerated in the City of Ithaca. He suggested that the
message include what the consequences of this type of behavior are, and requested the
use of all available resources to solve this issue.
Fay Gougakis, C/Ithaca, addressed concerns regarding the harassment of GIAC staff
members and the rise of crime in the community. She further discussed concerns
regarding the gas drilling initiative, and use of cell phones.
Joel Harlan, T/Newfield, addressed issues concerning hate crimes in the community.
City Clerk Holcomb relayed the following message from former Alderperson Michelle
Berry who was not able to attend the meeting: “Ms. Berry lends her voice to support
GIAC staff and the efforts of the City to resolve this issue as quickly as possible. She
believes strongly that hate crimes should not be tolerated in the City of Ithaca.”
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Coles noted that she has spoken with GIAC staff regarding the racist,
sexist, and homophobic comments that were left on their answering machine, and has
been making phone calls to gather more information. She stated that she was glad that
this issue has been brought to the public’s awareness and will work with community
members to address these hate crime issues. She further expressed her
disappointment that the New York State Senate recently voted to defeat the Same Sex
Marriage Bill.
Alderperson Rosario stated that hate crimes should not be tolerated in the City of
Ithaca, and that all resources should be utilized to resolve this issue. He further
commented that he would like to know about these types of incidences as they happen,
and thanked Alderperson Coles for sharing the information when she did. He
questioned what the fullest extent of the law that could be enforced was.
Mayor Peterson disclosed that she has also been the victim of serial calls, and that this
was part of an ongoing police investigation. She stated that the role of the Mayor and
Council is to remain vigilant, and to call these issues out as they happen in the
community. She thanked the GIAC Board for bringing this to the attention of Common
Council.
Alderperson Dotson thanked the GIAC Board for presenting this information to Council,
and to the GIAC staff for all of the work they do on a daily basis to address these issues
in the community. She further thanked the community members for speaking out on
this issue.
December 2, 2009
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Alderperson Cogan thanked the GIAC Board for bringing this issue forward as he was
not aware of the details of these events. He noted that it is disheartening to hear that
behaviors like these are occurring, and stated that he is happy to lend his voice and
support to resolving these issues.
Alderperson Myrick stated that he concurs with the statements made by his colleagues,
and noted that he hopes to see a review of the bias-related crimes legislation in the
coming weeks. He further noted that the Youth Council will be hosting a Swearing-In
Ceremony for their new members on December 8, 2009 at 5:30 pm, and encouraged
members of the public to attend. Alderperson Myrick noted that this is the last
Common Council meeting for Alderpersons Nancy Schuler and Mary Tomlan. He
commented on how much he will miss them and expressed his thanks to them for
“showing him the ropes”. He stated that he learned a lot from them and will still be
contacting them for information and advice.
Alderperson Clairborne disclosed that he is a member of the GIAC Board of Directors
and has family and friends who work at GIAC. He noted what a valuable community
asset GIAC is, and thanked the GIAC Board and staff members for everything they do
for the community. He noted how disturbing it is that the GIAC staff has been treated so
horribly, and questioned how Common Council and the City could protect and support
them. He stressed that Common Council members should know that these types of
things are happening and not hear about them on the floor of Council. He further voiced
his disappointment over the acts of individual police officers, and thanked the Mayor for
addressing the Police Department. Alderperson Clairborne noted the recent passing of
community members Ms. Dorothy Bibbie and Ms. Anita Reed.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources - Establishment of Standard Workday as Required by
New York State Retirement System - Resolution
This item was moved to Item 12.11 under the City Administration Committee.
8.2 Human Resources - Request Increase for Employee Medical Flexible
Spending Account - Resolution
By Alderperson Rosario: Seconded by Alderperson Coles
WHEREAS, the City of Ithaca instituted a Flexible Spending Account for unreimbursed
medical expenses in April 2002, and
WHEREAS, the City originally established a two thousand dollar ($2,000) before tax
limit for employee deductions, and
WHEREAS, the Flexible Spending Account for unreimbursed medical expenses has
been in effect for several years without incident, and
WHEREAS, the current limit for the City employee Medical Flexible Spending account is
$3,000, and
WHEREAS, the City Controller and the Human Resources Director are therefore
recommending that the amount be raised from $3,000 to $3,500, now therefore be it
RESOLVED, That Common Council hereby authorizes a $500 increase for the Flexible
Spending Account, from $3,000 to $3,500 for unreimbursed medical expenses.
Carried Unanimously
December 2, 2009
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12. CITY ADMINISTRATION COMMITTEE:
12.1 Chamberlain’s Office - Approval of City Parking Fines and Procedures -
Resolution
By Alderperson Coles: Seconded by Alderperson Rosario
WHEREAS, the City Judge, the Disability Advisory Council, and various city staff have
reviewed the current parking violations fines, and
WHEREAS, after review, staff has recommended certain changes to the parking fines
and waivers; now therefore be it
RESOLVED, that Common Council hereby approves the following City parking fines
and procedures effective January 1, 2010:
and be it further
RESOLVED, That effective January 1, 2010, the first overtime meter, overtime zone, or
overtime night (odd/even) ticket written to an individual within an eighteen-month period
will no longer be waived as a courtesy extended by the city.
Amending Resolution:
By Alderperson Zumoff: Seconded by Alderperson Myrick
RESOLVED, That the 2nd Resolved Clause be amended to read as follows:
“RESOLVED, That effective January 1, 2010, the first overtime meter or overtime zone
ticket written to an individual within an eighteen-month period will no longer be waived
as a courtesy extended by the city.”, and, be it further
RESOLVED, That the “Suggested Fine” for Overtime night (Odd/even) tickets be
changed from $15.00 to $25.00.
Alderperson Zumoff stated that he believes that the 1st odd/even ticket people receive
should continue to be waived as a courtesy from the City as the odd/even parking
program is difficult for new residents to understand, and street signage is only posted at
the City boundaries.
Current Violation Current Fine Suggested Fine
Overtime meter $15.00 $15.00
Overtime zone $15.00 $15.00
Parking ramp overnight $25.00 $25.00
Parking more than 12” from curb $25.00 $25.00
School Zone $30.00 $30.00
Prohibited area $30.00 $30/$45/$60
Between curb and walk $25.00 $25.00
Bus stop/taxi stand $30.00 $30.00
Fire hydrant $50.00 $50.00
Crosswalk $30.00 $30.00
Sidewalk $25.00 $25.00
Overtime night (Odd/even) $15.00 $15.00
Other $15.00 $30.00
Driveway $35.00 $35.00
Private property $15.00 $30.00
Wrong direction $15.00 $15.00
Truck Zone $30.00 $30/$45/$60
Double parking $30.00 $30.00
Uninspected $25.00 $25.00
Abandoned $25.00 $25.00
Handicap $80/$105/$130 $100/$150/$200
Yard parking $20/$30/$50 $20/$30/$50
Access $50.00 $50.00
Obstruction of lane/alley $50.00 $50.00
Residential permit zone $15.00 $15/$30/$45
December 2, 2009
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Alderperson Coles voiced her concern with this amendment as the 2010 budget was
adopted with the provision of the additional revenues generated through this action.
Alderperson Dotson noted that the Board of Public Works is having spirited discussions
regarding parking revenues. She further noted that she would support changing the
parking regulations to remove the odd/even parking requirements.
City Chamberlain Parsons explained that the automatic waiver of tickets has financial
implications. She noted that most of the previous discussions regarding parking ticket
fines have been held separately; however, in this case the Resolution is being
presented in close proximity to the budget because there were concerns regarding
whether the City could afford to continue to offer these waivers.
Alderperson Myrick stated that he thinks that the odd/even parking tickets differ from the
overtime meter tickets as most people don’t understand the parking system.
Alderperson Mohlenhoff inquired as to how many tickets are waived per year. City
Chamberlain Parsons responded that in 2008, 2,400 tickets were waived and 1,800
tickets were processed.
Alderperson Cogan noted that an 18-month waiver period can be difficult for residents,
and that he would support making it a 12-month waiver period. He stated that people
who receive multiple tickets for odd/even parking violations during a season would end
up having to pay increased fine amounts under the proposed amendment.
City Clerk Holcomb explained the public information efforts that the City conducts year-
round to raise awareness about the odd/even parking system including brochures,
information on the website, media releases, outreach to Cornell University and Ithaca
College, and fielding phone calls and questions from the public.
City Controller Thayer stated that creating variations in the projected revenues can
create budget problems for 2010.
Alderperson Tomlan stated that she would support the amendment due to the lack of
knowledge the public has regarding the parking system. She voiced her willingness to
work on enhanced efforts to get information out to the student population.
Alderperson Clairborne stated that the odd/even parking system is difficult downtown.
He voiced support for the development of an informational flyer to be given with a
courtesy ticket during the 1st week of November.
Alderperson Schuler noted that she supports the amendment and stated that she would
work with Cornell University to get information out about the odd/even parking system
for next year.
Alderperson Rosario stated that he agrees with Alderperson Cogan regarding the
proposed fines compounding the issue by increasing the amount of money residents
would have to pay in fines.
A vote on the Amending Resolution resulted as follows:
Ayes (5) Zumoff, Clairborne, Tomlan, Schuler, Myrick
Nays (5) Coles, Dotson, Rosario, Mohlenhoff, Cogan
Mayor Peterson voted Nay to break the tie
Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (6) Coles, Dotson, Rosario, Mohlenhoff, Cogan, Tomlan
Nays (4) Zumoff, Clairborne, Schuler, Myrick
Carried
December 2, 2009
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12.2 Ordinance to Increase Income Limits for Eligibility for the Real Property
Tax Exemption for Persons over 65.
By Alderperson Coles: Seconded by Alderperson Rosario
Ordinance 09-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Pursuant to an increase in the income ceilings at the State level for tax exemptions for
senior citizens, section 300-1(A) and (B), and 300-2(A), of Article I entitled “Senior
Citizens Exemption” of the City of Ithaca Municipal Code shall be amended to increase
the amount of the partial real property tax exemption for certain senior citizens, as
follows:
§300-1 Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property in the City of Ithaca owned by one or more persons, each of whom is
65 years of age or over, or real property owned by a married couple or by siblings, one
of whom is 65 years of age or over, shall be partially exempt from taxation by the City
based upon the income of the owner or the combined incomes of the owners.
(1) Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $28,000 29,000 50%
Up to but less than $29,000 30,000 45%
Up to but less than $30,000 31,000 40%
Up to but less than $31,000 32,000 35%
Up to but less than $31,900 32,900 30%
Up to but less than $32,800 33,800 25%
Up to but less than $33,700 34,700 20%
Up to but less than $34,600 35,600 15%
Up to but less than $35,500 36,500 10%
Up to but less than $36,400 37,400 5%
[Amended 12-18-2000 by Ord. No. 2000-15; 1-15-2003 by Ord. No. 2003-1; 2-4-2004
by Ord. No. 2004-1; 12-5-2007 by Ord. No. 2007-10; 2-4-2009 by Ord. No. 2009-02 ]
(2) The partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, exclusions and limitations set forth in
§467 of the Real Property Tax Law of the State of New York.
B. The partial real property tax exemption on real property owned by husband and wife
a married couple, one of whom is 65 years of age or over, once granted, shall not be
rescinded solely because of the death of the older spouse so long as the surviving
spouse is at least 62 years of age.
§300-2 Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the property
exceeds the sum of $36,400 37,400 or the income tax year immediately preceding the
date of making application for exemption as consistent with the schedule provided in
§300-1A. "Income tax year" shall mean a twelve-month period for which the owner or
owners filed a federal personal income tax return or, if no such return is filed, the
calendar year. Where title is vested in either spouse, their combined income may not
exceed such sum. Such income shall include social security and retirement benefits,
interest, dividends, total gain from the sale or exchange of a capital asset in the same
income tax year, net rental income, salary or earnings and net income from self-
December 2, 2009
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employment but shall not include a return of capital, gifts or inheritances. In computing
net rental income and net income from self-employment, no depreciation deduction
shall be allowed for the exhaustion, wear and tear of real or personal property held for
the production of income.
[Amended 12-18-2000 by Ord. No. 2000-15; 1-15-2003 by Ord. No. 2003-1; 2-4-2004
by Ord. No. 2004-1; 12-5-2007 by Ord. No. 2007-10; 2-4-2009 by Ord. No. 2009-02 ]
B. Unless the owner shall have held an exemption under this section for his previous
residence or unless the title of the property shall have been vested in the owner or one
of the owners of the property for at least 12 consecutive months prior to the date of
making application for exemption; provided, however, that in the event of the death of
either a husband or wife spouse in whose name title of the property shall have been
vested at the time of death which then becomes vested solely in the survivor by virtue of
devise by or descent from the deceased husband or wife spouse, the time of ownership
of the property by the deceased husband or wife spouse shall be deemed also a time of
ownership by the survivor and such ownership shall be deemed continuous for the
purposes of computing such period of 12 consecutive months; provided, further, that in
the event of a transfer by either a husband or wife spouse to the other spouse of all or
part of the title to the property, the time of ownership of the property by the transferor
spouse shall be deemed also a time of ownership by the transferee spouse and such
ownership shall be deemed continuous for the purpose of computing such period of 12
consecutive months; and provided, further, that where property of the owner or owners
has been acquired to replace property formerly owned by such owner or owners and
taken by eminent domain or other involuntary proceeding, except tax sale, the period of
ownership of the former property shall be combined with the period of ownership of the
property for which application is made for exemption, and such periods of ownership
shall be deemed to be consecutive for purposes of this section. Where the owner or
owners transfer title to property which as of the date of transfer was exempt from
taxation under the provisions of this section, the reacquisition of title by such owner or
owners within nine months of the date of transfer shall be deemed to satisfy the
requirement of this subsection that the title of the property shall have been vested in the
owner or one of the owners for such period of 12 consecutive months. Where, upon or
subsequent to the death of an owner or owners, title to property which as of the date of
such death was exempt from taxation under such provisions, becomes vested, by virtue
of devise or descent from the deceased owner or owners, or by transfer by any other
means within nine months after such death, solely in a person or persons, who, at the
time of such death, maintained such property as a primary residence the requirement of
this subsection that the title of the property shall have been vested in the owner or one
of the owners for such period of 12 consecutive months shall be deemed satisfied.
Unless the owner shall have held an exemption under this section for his previous
residence or unless the title of the property shall have been vested in the owner or one
of the owners of the property for at least 12 consecutive months prior to the date of
making application for exemption; provided, however, that in the event of the death of
either a husband or wife spouse in whose name title of the property shall have been
vested at the time of death which then becomes vested solely in the survivor by virtue of
devise by or descent from the deceased husband or wife spouse, the time of ownership
of the property by the deceased husband or wife spouse shall be deemed also a time of
ownership by the survivor and such ownership shall be deemed continuous for the
purposes of computing such period of 12 consecutive months; provided, further, that in
the event of a transfer by either a husband or wife spouse to the other spouse of all or
part of the title to the property, the time of ownership of the property by the transferor
spouse shall be deemed also a time of ownership by the transferee spouse and such
ownership shall be deemed continuous for the purpose of computing such period of 12
consecutive months; and provided, further, that where property of the owner or owners
has been acquired to replace property formerly owned by such owner or owners and
taken by eminent domain or other involuntary proceeding, except tax sale, the period of
ownership of the former property shall be combined with the period of ownership of the
property for which application is made for exemption, and such periods of ownership
shall be deemed to be consecutive for purposes of this section. Where the owner or
owners transfer title to property which as of the date of transfer was exempt from
taxation under the provisions of this section, the reacquisition of title by such owner or
owners within nine months of the date of transfer shall be deemed to satisfy the
December 2, 2009
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requirement of this subsection that the title of the property shall have been vested in the
owner or one of the owners for such period of 12 consecutive months. Where, upon or
subsequent to the death of an owner or owners, title to property which as of the date of
such death was exempt from taxation under such provisions, becomes vested, by virtue
of devise or descent from the deceased owner or owners, or by transfer by any other
means within nine months after such death, solely in a person or persons, who, at the
time of such death, maintained such property as a primary residence the requirement of
this subsection that the title of the property shall have been vested in the owner or one
of the owners for such period of 12 consecutive months shall be deemed satisfied.
C. Unless the property is used exclusively for residential purposes; provided, however,
that in the event any portion of such property is not so used exclusively for residential
purposes but is used for other purposes, such portion shall be subject to taxation and
the remaining portion only shall be entitled to the exemption provided by this section.
D. Unless the property is the legal residence of and is occupied in whole or in part by
the owner or by all of the owners of the property, except where an owner is absent from
the residence while receiving health-related care as an inpatient of a residential health
care facility, as defined in § 2801 of the Public Health Law, provided that any income
accruing to that person shall only be income only to the extent that it exceeds the
amount paid by such owner, spouse or co-owner for care in the facility and provided,
further, that during such confinement, such property is not occupied by other than the
spouse or co-owner of such property; or the real property is owned by a husband and/or
wife spouse, or an ex-husband and/or an ex-wife spouse and either is absent from the
residence due to divorce, legal separation or abandonment and all other provisions of
this section are met, provided that where an exemption was previously granted when
both resided on the property, then the person remaining on the real property shall be 62
years of age or older.
Alderperson Coles explained that the language in this Ordinance has been updated to
reflect the fact that Governor Paterson and New York State now recognize same sex
marriages from other states.
A vote on the Ordinance resulted as follows:
Carried Unanimously
12.3 Local Law to Increase Income Limits for Eligibility for the Disability Real
Property Tax Exemption
By Alderperson Coles: Seconded by Alderperson Rosario
Local Law No. 2009-
Pursuant to an increase in the income ceilings at the State level for disability tax
exemptions, section 300-26 of Article V entitled “Disability Exemption” of the City of
Ithaca Municipal Code shall be amended to increase the amount of the partial real
property tax exemption for certain disabled persons.
Section 1:
Section 300-26 of the City of Ithaca Municipal Code is hereby amended to read as
follows:
B. Exemption granted.
(1) Pursuant to the provisions of §459-c of the Real Property Tax Law of the State of
New York, real property located in the City of Ithaca owned by one or more persons,
each of whom is disabled and whose income is limited by reason of such disability, or
real property owned by a married couple, or siblings, one of whom is disabled and
whose income is limited by reason of such disability, shall be partially exempt from
taxation by said City for the applicable taxes specified in §459-c based upon the income
of the owner or combined income of the owners. Such partial exemption shall be to the
extent set forth in the schedule following:
December 2, 2009
10
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $ 28,000 29,000 50%
Up to but less than $ 29,000 30,000 45%
Up to but less than $ 30,000 31,000 40%
Up to but less than $ 31,000 32,000 35%
Up to but less than $ 31,900 32,900 30%
Up to but less than $ 32,800 33,800 25%
Up to but less than $ 33,700 34,700 20%
Up to but less than $ 34,600 35,600 15%
Up to but less than $ 35,500 36,500 10%
Up to but less than $ 36,400 37,400 5%
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase, or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction then that decision shall
not affect the validity of the remaining portion.
Section 3. Effective Date.
This Local Law shall take effect immediately in accordance with law upon filing with the
Secretary of State.
Carried Unanimously
12.4 Police Department - Endorsement of and Authorization to Sign a Mutual
Assistance Agreement Between the City of Ithaca and the City of Elmira –
Proposed Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, local governments are authorized to request and provide police assistance
to each other pursuant to § 209-m of the New York General Municipal Law (GML), and
WHEREAS, the temporary exchange of police officers and equipment or the purpose of
mutual assistance is further contemplated by GML § 209-m, and
WHEREAS, GML § 119.0 authorizes municipal corporations to enter into agreements
for the performance of their respective functions, powers and duties on a cooperative
basis, and
WHEREAS, GML § 209-m, New York Criminal Procedure Law §§ 140.10-1 & 3,120.60
et seq., and 690.25, and other applicable authorities authorize police officers to exercise
certain police powers and authorities outside their geographic area of employment
when a request for assistance is forthcoming from another law enforcement agency,
and
WHEREAS, the City of Ithaca and the City of Elmira have determined that it is in the
best interests of the respective communities and of mutual advantage to enter into this
agreement for the provision of inter-agency Law Enforcement services, and
WHEREAS, a Mutual Assistance Agreement has been negotiated and drafted by the
City of Ithaca Police Chief and the City of Elmira Police Chief, and has been reviewed
by the City of Ithaca Attorney and the City of Elmira Attorney, the most recent version of
which draft is dated 10/29/09 (date of execution by Elmira Mayor); now, therefore be it
RESOLVED, That the Common Council endorses the finalization of such Mutual
Assistance Agreement with the City of Elmira, and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is hereby authorized
to execute any documents necessary to formalize such Agreement, with terms the
same as or substantially the same as those contained in the above-referenced version.
December 2, 2009
11
Discussion followed on the floor regarding this agreement and the potential impacts it
could have on the Police Department’s overtime budget. Alderperson Coles stated that
overtime costs are part of the agreement, and that the City of Elmira would face the
same costs if they were asked to provide service to Ithaca. She further noted that this
agreement has already been tested as the Elmira SWAT Team responded to an
incident in Ithaca recently and all interactions went very well.
A vote on the Resolution resulted as follows:
Carried (9-0)
Alderperson Dotson absent from vote
12.5 Department of Public Works - Reauthorization of Collegetown Traffic Signal
Upgrade Project and Authorization to Enter into an Agreement for Federal-Aid
By Alderperson Coles: Seconded by Alderperson Myrick
WHEREAS, Common Council authorized Capital Project #709, Collegetown Traffic
Signal Upgrade, in the 2007 City Budget, in an amount not to exceed $125,000, and
WHEREAS, during design, the project became eligible for federal funds under the
American Recovery and Reinvestment Act of 2009 for the construction and construction
inspection phases, and
WHEREAS, a Project for the Collegetown Traffic Signal Upgrade, P.I.N. 375504 (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 100% Federal
funds and 0% 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 Construction and Construction
Inspection; now, therefore be it
RESOLVED, That the Common Council hereby re-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 Construction
and Construction Inspection work for the Project or portions thereof, and it is further
RESOLVED, That the sum of $200,000 is hereby appropriated from the issuance of
serial bonds and made available to cover the cost of participation in the above phase of
the Project, and it is further
RESOLVED, That Common Council hereby amends Capital Project # 709, Collegetown
Traffic Signal Upgrade, to include the Project construction and construction inspection
costs of $200,000, for a total project authorization of $325,000 and it is further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds 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 be and is hereby authorized to
execute all necessary Agreements, and that the Superintendent of Public Works of the
City of Ithaca be and is hereby authorized to execute all 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 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
and state-aid eligible Project costs and all Project costs within appropriations therefore
that are not so eligible, and it is further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 15% of the total project costs (primarily
December 2, 2009
12
for the engineering and design of the project), which is currently estimated at $50,000 of
the $325,000 authorized for this portion of the project, in monies and in-kind services as
managed by the Superintendent of Public Works and monitored by the City Controller,
and be it further
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.
Carried Unanimously
12.6 Department of Public Works - Approval of Uncontested 2006 Elmira Road
Sidewalk Assessments - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the Board of Public Works has reviewed the final assessments and passed
a resolution on November 18, 2009 approving the following assessment For 2006
Uncontested Elmira Road Sidewalk Assessments:
Address Property Owner Tax Map
#
Charges
321 Elmira Rd City of Ithaca (Water & Sewer
Division)
122.-2-1 $13,390.00
now, therefore be it
RESOLVED, That the Common Council hereby accepts the recommendation of the
Board of Public Works and approves the finalization of sidewalk repair assessments for
the property in question, in the amounts shown, and authorizes the City Chamberlain to
collect such assessments.
Carried Unanimously
12.7 Department of Public Works - Approval of Contested 2008 Sidewalk
Assessments, Brandon Place Group - Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the Board of Public Works has reviewed each such protest/appeal and the
documentation related to the 2008 Contested Sidewalk Assessments on Brandon Place
and Dunmore Place, and made the following determination of assessments on October
21, 2009:
Address Property Owner Tax Map
#
Charges
107 Brandon Dominic Versage 83.-7-7 $1,194.80
109 Brandon Dominic Versage 83.-7-6 $2,334.40
111 Brandon Robert P. Talda & Jeanne S
Kisacky
83.-7-5 $1,760.90
113 Brandon M. Alan Hays 84.-5-19 $1,249.32
106 Dunmore Barbara Lifton 83.-5-5 $5,470.01
Total $12,009.42
now, therefore be it,
RESOLVED, That the Common Council hereby accepts the recommendation of the
Board of Public Works and approves the finalization of sidewalk repair assessments for
the properties in question, and authorizes the City Chamberlain to collect such
assessments.
Carried Unanimously
December 2, 2009
13
12.8 Department of Public Works - Approval of Uncontested 2005 Sidewalk
Assessments – Modified - Resolution
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, the Board of Public Works has reviewed the final assessments for the 2005
Uncontested Sidewalk Assessments and passed a resolution on November 18, 2009
approving the following assessment:
Address Property Owner Tax Map # Charges
307Albany N Dong Shee Chong 60.-3-11 $564.18
114 Auburn David Moreland & Kelly Moreland 34.-2-4 $883.68
118 Auburn Adam G Perl & Helen Perl 34.-2-3 $1,109.46
302 Aurora N First Unitarian Society 61.-3-12 $2,448.60
321 Aurora N Theron L Johnson 62.-1-1 $1,228.57
322 Aurora N Larry B Wallace 61.-3-4 $799.31
825 Aurora N Scott Smith & Lisa Smith 28.-5-21 $1,932.08
604 Buffalo E William Macbain & Lisa Macbain 63.-8-23 $2,445.59
609 Cayuga N Harold Herman & Paula J Herman 34.-7-18 $1,890.82
1002 Cayuga N Michael D Cooper & Helena Cooper 14.-5-11 $3,174.86
402 Chestnut Richard W & Dorothy Anderson 74.-2-6 $7,104.03
401 Columbia Carla E Hegeman 82.-7-2 $1,728.21
324 Geneva N Kinga M Gergely 60.-3-4 $725.11
325 Geneva S Mary K McCullough & Mary Pat
Brady
80.-11-4 $246.34
507 Green W Unity House & Cayuga County 71.-7-16 $983.18
213 Second Micaela D Salort & Juliette Ramirez 45.-2-18 $927.50
310-318 Third Ithaca Housing Authority 44.-3-2.2 $3,817.25
308 Tioga N Ithaca Professional Building EW
King
61.-2-6 $5,692.07
218-220
University
Peter Newell & Cherie Newell 47.-4-4 $4,000.12
205 Utica Meghan Anne Van Leeuwen & Kraig
Leonard Haverstick
34.-6-15 $1,851.39
502 Utica Stuart E Bergman 27.-2-10 $522.33
Total: $44,074.68
now, therefore be it
RESOLVED, That the Common Council hereby accepts the recommendation of the
Board of Public Works and approves the finalization of sidewalk repair assessments for
the properties in question, in the amounts shown, and authorizes the City Chamberlain
to collect such assessments.
Carried Unanimously
12.9 Finance/Controller’s Office - A Resolution Authorizing the Issuance of
$3,257,608 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the
Cost of Certain Capital Improvements in and for said City
By Alderperson Coles: Seconded by Alderperson Schuler
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore be it,
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the object or purpose of paying the cost of certain capital
improvements in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $3,257,608 bonds of said City pursuant to the provisions
December 2, 2009
14
of the Local Finance Law, apportioned among such capital improvements in accordance
with the maximum estimated cost of each. The capital improvements to be financed
pursuant to this bond resolution, the maximum estimated cost of each, the amount of
serial bonds to be authorized therefore, the period of probable usefulness of each, and
whether said capital improvements are each a specific object or purpose or a class of
objects or purposes, including in each case incidental improvements and/or expenses in
connection therewith, is as follows:
a) Improvements to the Cayuga Waterfront Trail (Phase III), in and for said City, at a
maximum estimated cost of $215,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $215,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution, PROVIDED, HOWEVER, that to the extent that any Federal or State
grants-in-aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of
the Local Finance Law;
b) Construction of improvements to the Hangar Theatre Building site at the former
Ithaca Airport, in and for said City, including site demolition, parking lot improvements
and storm drainage improvement, as well as incidental costs in connection thereto, at a
maximum estimated cost of $300,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $300,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 10 years, pursuant to subdivision 20(f) of
paragraph a of Section 11.00 of the Local Finance Law;
c) Construction of improvements to the GIAC pool, including new liner, pipe
replacement, pool wall repair, and tub and shell crack repairs, in and for said City, at a
maximum estimated cost of $50,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $50,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 15 years, pursuant to subdivision 61 of paragraph
a of Section 11.00 of the Local Finance Law;
d) Reconstruction of roads, including resurfacing, sidewalks, curbs, gutters,
drainage, landscaping, grading, and incidental equipment and expenses in connection
therewith, throughout and in and for said City, at a maximum estimated cost of
$125,000. It is hereby determined that the plan for the financing of such class of object
or purpose shall consist of the issuance of $125,000 bonds of the $3,257,608 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid class of objects or
purposes is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of
the Local Finance Law;
e) 2010 Planning and design costs of the Southwest Urban Neighborhood Project,
in and for said City, at a maximum estimated cost of $175,000. It is hereby determined
that the plan for the financing of such specific object or purpose shall consist of the
issuance of $175,000 bonds of the $3,257,608 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to
subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law;
f) Acquisition of a bus and related transit equipment, in and for said City, at a
maximum estimated cost of $75,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $75,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
December 2, 2009
15
aforesaid specific object or purpose is 5 years, pursuant to subdivision 29 of paragraph
a of Section 11.00 of the Local Finance Law;
g) Planning and design of the water and sewer portion of the City hardfill disposal
site project, in and for said City, at a maximum estimated cost of $40,000. It is hereby
determined that the plan for the financing of such class of object or purpose shall
consist of the issuance of $40,000 bonds of the $3,257,608 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or purpose is 40
years, pursuant to subdivision 102, based upon subdivisions 1 and 4 of paragraph a of
Section 11.00 of the Local Finance Law;
h) Replacement of water and sewer mains on the 100 block of Prospect Street,
including incidental expenses in connection therewith, in and for said City, at a
maximum estimated cost of $367,000. It is hereby determined that the plan for the
financing of such class of object or purpose shall consist of the issuance of $367,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purpose is 40 years, pursuant to subdivision 102, based
upon subdivisions 1 and 4 of paragraph a of Section 11.00 of the Local Finance Law;
i) Reconstruction of the Columbia Street Bridge, including water and sewer main
replacement and incidental expenses in connection therewith, in and for said City, at a
maximum estimated cost of $1,447,628. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $1,447,628
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State
grants-in-aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 20 years, pursuant to subdivision 92, based upon subdivisions 1, 4 and 10 of
paragraph a of Section 11.00 of the Local Finance Law; and
j) The purchase of various items of equipment and vehicles, at an aggregate
maximum estimated cost of $462,980, allocated as follows:
1) Mowing tractor for use by the Parks/Forestry Department, in and for said City, at
a maximum estimated cost of $18,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $18,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 10 years, pursuant to subdivision 28 of paragraph
a of Section 11.00 of the Local Finance Law;
2) Asphalt recycler for use by the DPW/Highway Departments, in and for said City,
at a maximum estimated cost of $125,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $125,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 15 years, pursuant to subdivision 28 of paragraph
a of Section 11.00 of the Local Finance Law;
3) Dump truck for use by the DPW/Highway Departments, in and for said City, at a
maximum estimated cost of $27,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $27,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 10 years, pursuant to subdivision 28 of paragraph
a of Section 11.00 of the Local Finance Law;
4) Street sweeper for use by the DPW/Highway Departments, in and for said City,
at a maximum estimated cost of $165,000. It is hereby determined that the plan for the
December 2, 2009
16
financing of such specific object or purpose shall consist of the issuance of $165,000
bonds of the $3,257,608 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 15 years, pursuant to subdivision 28 of paragraph
a of Section 11.00 of the Local Finance Law;
5) Community service vehicles, in and for said City, at a maximum estimated cost of
$26,000. It is hereby determined that the plan for the financing of such class of objects
or purposes shall consist of the issuance of $26,000 bonds of the $3,257,608 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid class of objects or
purposes is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the
Local Finance Law;
6) Passenger van for use by the Youth Bureau, in and for said City, at a maximum
estimated cost of $24,000. It is hereby determined that the plan for the financing of
such specific object or purpose shall consist of the issuance of $24,000 bonds of the
$3,257,608 bonds of said City authorized to be issued pursuant to this bond resolution.
It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00
of the Local Finance Law;
7) Police vehicles, to replace those in service for at least one year, including
incidental equipment, in and for said City, at a maximum estimated cost of $77,980. It is
hereby determined that the plan for the financing of such class of objects or purposes
shall consist of the issuance of $77,980 bonds of the $3,257,608 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or purposes is 3
years, pursuant to subdivision 77 (1st) of paragraph a of Section 11.00 of the Local
Finance Law.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $3,257,608, and the plan for the financing thereof is by the issuance of the
$3,257,608 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance Section 1 hereof.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
December 2, 2009
17
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Treasurer applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 9. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
Alderperson Coles VOTING: Aye Alderperson Dotson VOTING: Aye
Alderperson Clairborne VOTING: Aye Alderperson Rosario VOTING: Aye
Alderperson Tomlan VOTING: Aye Alderperson Zumoff VOTING: Aye
Alderperson Schuler VOTING: Aye Alderperson Myrick VOTING: Aye
Alderperson Mohlenhoff VOTING: Aye Alderperson Cogan VOTING: Aye
The resolution was thereupon declared duly adopted.
Carried Unanimously
12.10 A Resolution Authorizing the Issuance of $1,730,000 Additional Serial
Bonds of the City of Ithaca, Tompkins County, New York to Pay the Additional
Cost of Certain Capital Improvements in and for said City
By Alderperson Coles: Seconded by Alderperson Rosario
WHEREAS, all conditions precedent to the financing of certain capital improvements
hereinafter described, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed; now, therefore,
be it
December 2, 2009
18
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the purpose of paying the additional cost of certain capital
improvements, in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $1,730,000 additional bonds of said City, as allocated in
Section 2 hereof, pursuant to the provisions of the Local Finance Law.
Section 2. The maximum estimated cost of each object of purpose outlined below
and their plan for the financing thereof is as follows:
a) For the purpose of paying the cost of the Cass Park Rink renovation design,
relating to rink floor, refrigeration improvement and rink enclosure, including original
equipment, machinery, apparatus, and incidental expenses in connection therewith, in
and for said City, a specific object or purpose with a period of probable usefulness of 25
years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local
Finance Law, $1,140,000 additional bonds are herein authorized in addition to the
$45,000 bonds previously authorized by a bond resolution dated and duly adopted on
December 5, 2007. Prior period of probable usefulness of 5 years for planning is
hereby increased to 25 years. New maximum estimated cost: $1,185,000. (2-
14(k))
b) For the purpose of paying the cost of the Collegetown Urban Plan and Design, in
and for said City, a specific object or purpose with a period of probable usefulness of 5
years pursuant to subdivision 62nd of paragraph a of Section 11.00 of the Local
Finance Law, $50,000 additional bonds are herein authorized in addition to the $75,000
bonds previously authorized by a bond resolution dated and duly adopted on December
5, 2007. New maximum estimated cost: $125,000. (2-14(u))
c) For the purpose of paying the cost of the emergency facility reconstruction at the
GIAC Building, in and for said City, including concrete structure improvements, door
replacements, boiler replacement, and incidental improvements, equipment and
expenses in connection therewith, a specific object or purpose with a period of probable
usefulness of 25 years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00
of the Local Finance Law, $540,000 additional bonds are herein authorized in addition
to the aggregate $4,506,000 bonds previously authorized by a bond resolutions dated
and duly adopted on August 4, 2006 and December 5, 2007, respectively. New
maximum estimated cost: $5,046,000. (2-10)
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
bonds as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such bonds
becoming due and payable in such year. There shall annually be levied on all the
taxable real property of said City, a tax sufficient to pay the principal of and interest on
such bonds as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. All other matters except as provided herein relating to the bonds herein
authorized including the date, denominations, maturities and interest payment dates,
within the limitations prescribed herein and the manner of execution of the same,
including the consolidation with other issues, and also the ability to issue bonds with
substantially level or declining annual debt service, shall be determined by the City
Controller, the chief fiscal officer of such City. Such bonds shall contain substantially
December 2, 2009
19
the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and
shall otherwise be in such form and contain such recitals, in addition to those required
by Section 51.00 of the Local Finance Law, as the City Controller shall determine
consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Treasurer applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 9. This resolution, which takes effect immediately, shall be published in
summary in the official newspaper of said City for such purpose, together with a notice
of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
Alderperson Zumoff stated that he would vote for the Resolution; however, he objects to
Section 2 (b) that includes the Collegetown Urban Plan and Design.
Alderperson Tomlan clarified that the $50,000 included in this Bond Resolution related
to the Collegetown Urban Plan is to fund the parking study for Collegetown.
The question of the adoption of the foregoing resolution was duly put to a vote on roll
call, which resulted as follows:
Alderperson Coles VOTING: Aye Alderperson Dotson VOTING: Aye
Alderperson Clairborne VOTING: Aye Alderperson Rosario VOTING: Aye
Alderperson Tomlan VOTING: Aye Alderperson Zumoff VOTING: Aye
Alderperson Schuler VOTING: Aye Alderperson Myrick VOTING: Aye
Alderperson Mohlenhoff VOTING: Aye Alderperson Cogan VOTING: Aye
The resolution was thereupon declared duly adopted.
Carried Unanimously
12.11 Human Resources - Establishment of Standard Workday as Required by
New York State Retirement System - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, the New York State Retirement System requires that the standard workday
be established for all positions in City government for the purpose of determining
reportable days worked, and
December 2, 2009
20
WHEREAS, new titles have been created and positions have been amended since
Common Council last updated the standard workday designations on June 1, 2005,
now, therefore, be it
RESOLVED, that Common Council hereby establishes the following standard workdays
for the sole purpose of determining days worked reportable to the New York State and
Local Employees’ Retirement System for the following positions as indicated:
Eight (8) hour workday; Forty (40) hour workweek
Accounts Payable Coordinator 1
Bridge Maintainer
Computer-aided Design and Drafting (CADD) Technician
Custodian
Director of Planning and Development
Executive Assistant to the City Attorney
Fire Alarm Electrician
Forestry Technician
GIAC Program Administrator 1
GIAC Program Coordinator 1
Housing and Land Use Supervisor
Junior Transportation Engineer
Network Integration Specialist
Parking Operations Supervisor
Recreation Facility Maintenance Worker
Senior Network Integration Specialist
Specialist in Recreation for Individuals with Disabilities 1
Wastewater Collection System Supervisor
Wastewater System Maintenance Mechanic
Wastewater Treatment Plant Instrumentation Technician Trainee
Water Distribution System Supervisor
Water System Maintenance Mechanic
Working Supervisor – Parking, Building and Grounds
Youth Program Administrator 1
Seven and one-half (7.5) hour workday; Thirty-Seven and one-half (37.5) hour
workweek
Supervising Customer Service Representative
Seven (7) hour workday; Thirty-five (35) hour workweek
Historic Preservation and Neighborhood Planner
Human Resources Office Assistant
Senior Planner
Six and four-tenths (6.4) hour workday; Thirty-two (32) hour workweek
City Attorney – effective 01/01/06
Six (6) hour workday; Thirty (30) hour workweek
Clerk 1 – effective 12/08/03
Deputy Director of Human Resources – effective 01/01/07
Office Assistant 3 – effective 10/07/09
Receptionist 3 – effective 04/06/05
Carried Unanimously
12.12 City Controller’s Report
City Controller Thayer reported on the following:
The 2010 budget is complete; however close monitoring of spending will be required as
it will be a difficult year.
Cash flow is tightening as the City is waiting to receive the State aid payment. The
Governor’s initiative to close the budget deficit may include a withholding of aid. If the
December 2, 2009
21
payment is not received by December 15th, the City may not be able to make the early
pension payment.
Sales tax collections for November were 10% above 2008 activity; however the total
decrease in revenues for 2009 is projected to be -7% or $800,000.
The overtime budget is $100,000 over budget; however it is showing improvement from
past trends.
Health insurance costs are running over budget.
Parking revenues are over the 2009 projections: the parking garages are doing well;
however, parking meter revenue is down. The Board of Public Works is working on
2010 parking rates.
Fine revenues are on pace to be slightly under budget.
Gas & oil costs are slightly under budget; utilities are on budget.
City Controller Thayer explained that some of the budget shortfalls may be off-set by
positions that were not filled during the year; however, use of the fund balance may be
required to balance the 2009 budget.
He further updated Council on the status of the Health Care Consortium. Benefit
contracts are currently undergoing legal review while the Consortium is waiting for a
decision from the New York State Insurance Board regarding the amount of union
representation required on the consortium board. The Consortium is still hoping for a
January, 2010, implementation date.
NEIGHBORHOODS AND PUBLIC SAFETY COMMITTEE:
9.1 Appointments/Reappointments to Youth Council – Resolution
By Alderperson Schuler: Seconded by Alderperson Myrick
RESOLVED, That the following youth be re-appointed to serve on the Youth Council
with terms indicated below:
Cameron Younger (Town of Ithaca) - Term to expire August 31, 2011
Emilee Finkelstein (Village of Cayuga Heights)- Term to expire August 31, 2011
Philip Anderson (City) - Term to expire August 31, 2011
Addy Davidoff (City) – Term to expire August 31, 2010
and be it further
RESOLVED, That the following youth be appointed to serve on the Youth Council with
terms indicated below:
Dana Malcolm (City) - Term to expire August 31, 2011
Harmony Graves (City) - Term to expire August 31, 2011
Gabriella Camanno (City) - Term to expire August 31, 2010
Cody Austern-Aceto (City) - Term to expire August 31, 2010
Amending Resolution:
By Alderperson Clairborne: Seconded by Alderperson Schuler
RESOLVED, That the appointment for Addy Davidoff by removed from the “re-
appointments” and added to the new appointments.
Carried 9-0
Alderperson Cogan absent from vote
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried 9-0
Alderperson Cogan absent from vote
December 2, 2009
22
Shopping Carts
Alderperson Schuler reported that since the article on shopping carts was published in
The Ithaca Journal, 49 carts were picked up by Tops Supermarket, and the Dollar Store
is preparing to pick up their carts as well.
10. LEGISLATIVE COMMITTEE:
10.1 Temporary Suspension of Apprenticeship Policy for City Construction
Projects - Resolution
By Alderperson Clairborne: Seconded by Alderperson Dotson
WHEREAS, the City of Ithaca from time to time undertakes construction contracts which
involve the construction, reconstruction, improvement, or rehabilitation of buildings,
facilities, and structures in the City of Ithaca, and
WHEREAS, the City of Ithaca is making considerable efforts to increase the number of
jobs in the city, and is consistently advocating for quality employment opportunities for
city residents, in particular young people in the city, and
WHEREAS, maintaining a qualified and skilled labor force is essential to a healthy and
dynamic local economy, and
WHEREAS, it is desirable to establish employment principles to guide future decisions
of the city, and
WHEREAS, Article 23 (Apprenticeship Training), Section 816-b of New York State
Labor Law states, "in entering into any construction contract, a government entity which
is to be a direct or indirect party to such contract may require that any contractors and
subcontractors have, prior to entering into such a contract, apprenticeship agreements
appropriate for the type and scope of work to be performed, that have been registered
with, and approved by, the commissioner pursuant to the requirements found in this
article"; and
WHEREAS, in January 2005 Common Council adopted a resolution which required that
all City construction contracts for more than $500,000 “must include contractors that
participate in New York State certified apprenticeship programs,” that this requirement is
to be imposed upon “all bidders and all subcontractors under the bidder,” and is to apply
to “each apprenticeable trade or occupation represented in their workforce” and that all
bidders and their subcontractors “must abide by the apprentice to journeyman ratio for
each trade prescribed therein,” but that 25% of the monetary value of the general
contract may be exempted from the apprenticeship requirement “to permit the use of
small or specialty subcontractors who would otherwise be excluded;” and
WHEREAS, recent implementation of this apprenticeship policy has resulted in
confusion and difficulties for City staff in interpreting and applying the various provisions
to actual bid situations, and in disputes with contractors about the accuracy or fairness
of such interpretations; and
WHEREAS, in one recent bidding situation, strict application of the current policy
resulted in an award to a contractor that apparently had no apprentices rather than
another contractor that was mostly but not entirely in compliance; and
WHEREAS, the Legislative Committee of Common Council, together with involved City
staff, has begun to review the apprenticeship policy, to gather examples of similar
policies from other communities in New York State and to solicit feedback and
suggestions from stakeholders such as construction workers and unions, as well as
contractors, all for the purpose of determining how the legislation could be improved so
as to address the recent problems in implementation; and
WHEREAS, at least one major City construction project (Cass Park ice rink repair) is
scheduled to be bid within the next month, and at least two other such projects
(Columbia Street pedestrian bridge repair and Cayuga Waterfront Trail, Phase 3) are
expected to be bid within the next two or three months, before it is anticipated that
modifications to the apprenticeship policy could be ready for Council consideration, and
December 2, 2009
23
WHEREAS, there is an existing working group that includes staff and Council members
that is willing to continue updating the apprenticeship policy to better address the
concerns that have come to light in recent months; now therefore be it
RESOLVED, That, for the reasons set forth above, the City of Ithaca apprenticeship
policy, enacted by Common Council resolution of January 5, 2005, be and hereby is
suspended, effectively immediately, until August 5, 2010; and be it further
RESOLVED, That the working group is directed to report back to an appropriate Council
committee, as established by the Mayor, in April, 2010, and again with a complete
proposed new policy in June, 2010.
Carried Unanimously
10.2 Protocol for Posthumous Honors - Resolution
By Alderperson Clairborne: Seconded by Alderperson Myrick
WHEREAS, the passing away of former or present members of the City of Ithaca
workforce (including elected officials), City representatives on the Tompkins County
Legislature, City residents serving in the armed forces of the United States, and other
distinguished City residents with a commendable record of community service can be a
cause for reflecting on their lives in order to recognize and honor their service in a public
manner; and
WHEREAS, at this time the City of Ithaca does not have an official guide or protocol for
responding to the loss of such public servants; and
WHEREAS, such a protocol could lend more consistency and thoroughness to the
City’s means of response in such situations, and
WHEREAS, in accordance with state executive law, Article 19, §403-21, the (United
States) flag shall be flown at full staff at all times except it shall be flown at half-staff on
the eleventh of September, known as September 11th Remembrance Day, the seventh
day of December, known as Pearl Harbor Day, and to commemorate the death of a
personage of national or state standing or of a local member of the U.S. Armed Forces,
official or public servant who, in the opinion of the local agency concerned, contributed
to the community; now therefore be it
RESOLVED, That the following Protocol for Posthumous Honors is hereby adopted by
the Common Council of the City of Ithaca for the purpose of setting forth options
available to the Mayor and the entire Common Council during the initial period of
mourning for a highly regarded, deceased public servant in the City of Ithaca:
City of Ithaca Protocol for Posthumous Honors
1. This Protocol may be invoked upon the death of persons in the following categories:
a. Current or past Mayors of the City of Ithaca
b. Current or past members of Common Council
c. Current or past City representatives on, and chairs of, the Tompkins County
Legislature
d. Current or retired City employees
e. City residents who are currently members of the United States armed forces
f. Other community servants whose work significantly benefited the City and whose
names the Mayor or another member of Common Council brings forward.
2. Additionally, this protocol may be applied upon the death of State or federal officials
who represent or otherwise serve the City of Ithaca, unless otherwise directed from the
President of the United States or Governor of New York State.
3. As soon as practical upon learning of the death of a person in any of the categories
listed above, the Mayor and other Common Council members shall take reasonable
steps to facilitate the distribution of this news to the City’s elected officials and senior
staff, and to solicit any suggestions for honoring the deceased, per this protocol.
December 2, 2009
24
4. Any of the following Options may be implemented under this Protocol. (See
Paragraph 6, below, for applicability of Options to persons in particular categories.)
When selected, any Option shall be performed with dignity, either as a separate action
(in the case of the Mayor) or in the early portion of the appropriate meeting of the
Common Council:
a. The Mayor may declare a period of public mourning
b. The Mayor may order the lowering of the U.S. flag at City facilities to half-staff
c. The Mayor may issue a proclamation honoring the deceased (after soliciting
suggestions as to content from the other members of Common Council)
d. Common Council may approve a resolution acknowledging and appreciating
the service of the deceased.
e. The Mayor or any other member of Common Council may propose such a
resolution. Unless impractical to do so, any such proposed resolution shall be
circulated in advance to all Council members before the resolution appears on
the Council agenda.
i. Any such resolution shall state that it “shall be spread upon the Official
Minutes of the Common Council and [that] a copy of the same shall be
transmitted to the family of the deceased by the City Clerk.”
f. The Mayor may call for those present at a Common Council meeting to remain
standing and to observe a Moment of Silence in honor of the deceased following
the Pledge of Allegiance. During Privilege of the Floor at a Common Council
meeting any Councilperson may request such a Moment of Silence, which
request shall be honored unless there is an objection, in which case it shall be
automatically deemed to be postponed until a future meeting. To avoid any
potential embarrassment, any Councilperson who intends to propose a Moment
of Silence should inform the Mayor and other Councilpersons in advance of his
or her intention.
g. The Mayor or any other Council member may deliver his or her own personal
tribute to the deceased during Privilege of the Floor at the next meeting of
Common Council.
5. Options (a.) and (b.) in the preceding section may be initiated and implemented by
the Mayor, acting alone or at the behest of Common Council, within 24 hours after
receiving notice of the person’s passing. Any selected action(s) from Options (c.)
through (g.) should occur as soon as practicable but no later than three months after the
date of death, during the next regularly scheduled meeting of Common Council.
Depending on timing, the family of the deceased may be personally invited to the
meeting.
6. The Options listed below are generally applicable to persons in the following
categories, although any other Option may be deemed appropriate in any case:
(a) For elected officials, Options (a.) through (g.)
(b) For current employees who die in the line of duty, Options (a) through (f)
(c) For retired or revered employees, Options (d.) through (f.)
(d) For other revered members of the community, Options (d) through (f.)
7. In addition to the Options listed herein, the City’s Director of Human Resources, any
other department head, or the Mayor may facilitate the following steps, while observing
relevant labor agreements:
- outreach to the deceased (elected, staff, or volunteer) person’s family
- notification to all City staff
- allow affected City staff time to attend related funeral services for the deceased
- help facilitate voluntary contributions to charities identified by the deceased’s
family (City funds are not to be used for this purpose)
- list and honor City employees who have passed away during the preceding year
at the City’s annual picnic for its employees.
8. Application of this Protocol, or any part of it, to any particular individual shall be
solely within the discretion of the Mayor and the Common Council. Nothing herein shall
be construed to entitle any person to any Option described herein or to require, limit, or
prohibit any particular action on the part of the Mayor or the Common Council.
and, be it further
December 2, 2009
25
RESOLVED, That nothing noted in this protocol is meant to supersede longstanding
traditions or protocols of those covered by the listed categories for posthumous honors
such as members of the U.S. Armed Forces, fire or police officers, and, be it further
RESOLVED, That upon its adoption, this Protocol shall be included in any master
listing, assemblage, or inventory of the City’s Policies, Procedures, and Protocols.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Coles
RESOLVED, That subsection 4 of the 1st Resolved clause be amended to read as
follows:
4. “Any of the following Options listed below may be implemented under this
Protocol and, although any may be deemed appropriate in any case, the Options
generally applicable to persons in certain categories are as follows:
- For elected officials, Options (a.) through (f.)
- For current employees who die in the line of duty, Options (a) through (f)
- For retired or revered employees, Options (d.) through (f.)
- For other revered members of the community, Options (d) through (f.)
(See Paragraph 6, below, for applicability of Options to persons in particular
categories.)
When selected, any Option shall be performed with dignity, either as a separate action
(in the case of the Mayor) or in the early portion of the appropriate meeting of the
Common Council:
a. The Mayor may declare a period of public mourning
b. The Mayor may order the lowering of the U.S. flag at City facilities to half-staff
c. The Mayor may issue a proclamation honoring the deceased (after soliciting
suggestions as to content from the other members of Common Council)
d. Common Council may approve a resolution acknowledging and appreciating
the service of the deceased.
e. The Mayor or any other member of Common Council may propose such a
resolution. Unless impractical to do so, any such proposed resolution shall be
circulated in advance to all Council members before the resolution appears on
the Council agenda, and any such resolution shall state that, in the words used in
past Common Council protocols, it “shall be spread upon the Official Minutes of
the Common Council and [that] a copy of the same shall be transmitted to the
family of the deceased by the City Clerk.”
f. The Mayor may call for those present at a Common Council meeting to remain
standing and to observe a Moment of Silence in honor of the deceased following
the Pledge of Allegiance. During Privilege of the Floor at a Common Council
meeting any Councilperson may request such a Moment of Silence, which
request shall be honored unless there is an objection, in which case it shall be
automatically deemed to be postponed until a future meeting. To avoid any
potential embarrassment, any Councilperson who intends to propose a Moment
of Silence should inform the Mayor and other Councilpersons in advance of his
or her intention.
g. The Mayor or any other Council member may deliver his or her own personal
tribute to the deceased during Privilege of the Floor at the next meeting of
Common Council.”
And, be it further
RESOLVED, That subsection 6 of the 1st Resolved clause be deleted and the remaining
subsections re-numbered appropriately.
A vote on the Amending Resolution resulted as follows
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
December 2, 2009
26
The Posthumous Honors Protocol as adopted reads as follows:
City of Ithaca Protocol for Posthumous Honors
1. This Protocol may be invoked upon the death of persons in the following categories:
a. Current or past Mayors of the City of Ithaca
b. Current or past members of Common Council
c. Current or past City representatives on, and chairs of, the Tompkins County
Legislature
d. Current or retired City employees
e. City residents who are currently members of the United States armed forces
f. Other community servants whose work significantly benefited the City and
whose names the Mayor or another member of Common Council brings forward.
2. Additionally, this protocol may be applied upon the death of State or federal officials
who represent or otherwise serve the City of Ithaca, unless otherwise directed from the
President of the United States or Governor of New York State.
3. As soon as practical upon learning of the death of a person in any of the categories
listed above, the Mayor and other Common Council members shall take reasonable
steps to facilitate the distribution of this news to the City’s elected officials and senior
staff, and to solicit any suggestions for honoring the deceased, per this protocol.
4. Any of the Options listed below may be implemented under this Protocol, and
although any may be deemed appropriate in any case, the Options generally applicable
to persons in certain categories are as follows:
- For elected officials, Options (a.) through (g.)
- For current employees who die in the line of duty, Options (a) through (f)
- For retired or revered employees, Options (d.) through (f.)
- For other revered members of the community, Options (d) through (f.)
When selected, any Option shall be performed with dignity, either as a separate action
(in the case of the Mayor) or in the early portion of the appropriate meeting of the
Common Council:
a. The Mayor may declare a period of public mourning
b. The Mayor may order the lowering of the U.S. flag at City facilities to half-staff
c. The Mayor may issue a proclamation honoring the deceased (after soliciting
suggestions as to content from the other members of Common Council)
d. Common Council may approve a resolution acknowledging and appreciating
the service of the deceased.
e. The Mayor or any other member of Common Council may propose such a
resolution. Unless impractical to do so, any such proposed resolution shall be
circulated in advance to all Council members before the resolution appears on
the Council agenda, and any such resolution shall state that, in the words used in
past Common Council protocols, it “shall be spread upon the Official Minutes of
the Common Council and [that] a copy of the same shall be transmitted to the
family of the deceased by the City Clerk.”
f. The Mayor may call for those present at a Common Council meeting to remain
standing and to observe a Moment of Silence in honor of the deceased following
the Pledge of Allegiance. During Privilege of the Floor at a Common Council
meeting any Councilperson may request such a Moment of Silence, which
request shall be honored unless there is an objection, in which case it shall be
automatically deemed to be postponed until a future meeting. To avoid any
potential embarrassment, any Councilperson who intends to propose a Moment
of Silence should inform the Mayor and other Councilpersons in advance of his
or her intention.
g. The Mayor or any other Council member may deliver his or her own personal
tribute to the deceased during Privilege of the Floor at the next meeting of
Common Council.
5. Options (a.) and (b.) in the preceding section may be initiated and implemented by
the Mayor, acting alone or at the behest of Common Council, within 24 hours after
December 2, 2009
27
receiving notice of the person’s passing. Any selected action(s) from Options (c.)
through (g.) should occur as soon as practicable but no later than three months after the
date of death, during the next regularly scheduled meeting of Common Council.
Depending on timing, the family of the deceased may be personally invited to the
meeting.
6. In addition to the Options listed herein, the City’s Director of Human Resources, any
other department head, or the Mayor may facilitate the following steps, while observing
relevant labor agreements:
- outreach to the deceased (elected, staff, or volunteer) person’s family
- notification to all City staff
- allow affected City staff time to attend related funeral services for the deceased
- help facilitate voluntary contributions to charities identified by the deceased’s
family (City funds are not to be used for this purpose)
- list and honor City employees who have passed away during the preceding year
at the City’s annual picnic for its employees.
7. Application of this Protocol, or any part of it, to any particular individual shall be
solely within the discretion of the Mayor and the Common Council. Nothing herein shall
be construed to entitle any person to any Option described herein or to require, limit, or
prohibit any particular action on the part of the Mayor or the Common Council.
Nothing noted in this protocol is meant to supersede longstanding traditions or protocols
of those covered by the listed categories for posthumous honors such as members of
the U.S. Armed Forces, fire or police officers.
10.3 Proposed Outdoor Smoking Regulations – Call for a Public Information
Session
By Alderperson Clairborne: Seconded by Alderperson Dotson
WHEREAS, for the past year, the Legislative Committee of Common Council has been
considering a proposed ordinance that would regulate smoking in certain outdoor areas
in the City of Ithaca; and
WHEREAS, the Common Council wishes to provide the public with an opportunity to
become familiar with the proposed regulations and to offer comments to Council on this
important public policy matter; now therefore be it
RESOLVED, The City Clerk, in consultation with the Chairperson of the Legislative
Committee, be directed to schedule a public informational meeting and public hearing
(combined into one session) for the evening of December 14, 2009 (or for another date
close to that time, if necessary due to space availability, etc), in Common Council
Chambers, to publish at least two notices of the same in the official newspaper and to
publicize the session by other appropriate means, to solicit written comments as well, to
be submitted by that date, and to arrange for a comprehensive record to be made of the
oral comments received at the public hearing.
Discussion followed on the floor regarding publishing a summary of comments made by
the public for Common Council review. A request was made to post the draft legislation
on the website and make it available at the City Clerk’s Office.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.4 Approval of a Fire Protection Contract between the City of Ithaca and the
Town of Ithaca
By Alderperson Clairborne: Seconded by Alderperson Schuler
WHEREAS, a committee comprised of a member of Common Council and the Mayor,
involved City staff, members of the Ithaca Town Board and the Town Supervisor,
involved Town staff, and a member of the Board of Fire Commissioners has been
meeting for two years for the purpose of negotiating the terms of a new Fire Protection
Contract between the municipalities, and
December 2, 2009
28
WHEREAS, the most recent Fire Protection Contract between the City and Town was
scheduled to expire on December 31, 2007, and was extended three times pending the
completion of such negotiations, by action of both parties and per Memoranda of
Understanding, until March 31, 2008, until June 30, 2008, and until December 31, 2009,
and
WHEREAS, the Negotiating Committee has recommended a new contract for a five-
year period, from January 1, 2010, through December 31, 2014, the terms of which are
set forth in a draft dated October 23, 2009; now, therefore, be it
RESOLVED, That the Common Council hereby authorizes the Mayor, upon the advice
of the City Attorney, to execute a new Fire Protection Contract between the City and the
Town of Ithaca, as recommended by the Negotiating Committee, subject to approval of
the same by the Ithaca Town Board.
Alderperson Mohlenhoff disclosed that she is the spouse of an Ithaca Fire Fighter so
there may be a perception of a conflict of interest; however, she believes that no true
conflict exists, and she will be voting on the Resolution.
Alderperson Clairborne noted that the approval of this contract has been a long process
filled with education and re-calculation of fees. He reviewed the highlights of the
contract. He thanked Assistant City Attorney Donna Este-Green and the Town of Ithaca
Attorney Susan Brock, Mayor Peterson, Town Supervisor Engman, and former Fire
Chief Brian Wilbur for the hours of work they dedicated to the creation of this contract.
Alderperson Tomlan commented that there will be a joint meeting between Common
Council and the Ithaca Town Board tomorrow night to discuss shared services and
consolidation. She noted that this is a great example of inter-municipal cooperation.
A vote on the Resolution resulted as follows:
Carried Unanimously
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
Alderperson Dotson noted that this is Alderperson Mary Tomlan’s last Common Council
meeting. She extended her thanks to Alderperson Tomlan for her years of service as
the Chair of the Planning and Economic Development Committee, for her “eagle eye”
when it came to details, and for her support during the transition period when she was
appointed as Chair of the Planning Committee.
11.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and the
CBD-60 Zoning Districts
A. Declaration of Lead Agency for Environmental Review - Resolution
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of an ordinance to change the
designation of Tax Parcel #61.-6-9 from B-1a to CBD-60.
Carried Unanimously
December 2, 2009
29
B. Determination of Environmental Significance – Resolution
By Alderperson Dotson: Seconded by Alderperson Rosario
WHEREAS, the City of Ithaca is considering a proposal to change the designation of
Tax Parcel #61.-6-9 from B-1a to CBD-60, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), and
WHEREAS, this zoning amendment has been reviewed by the Tompkins County
Planning Department Pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and has
also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of
Ithaca Planning and Development Board, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own, the findings and conclusions more fully set forth on the Short Environmental
Assessment Form, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
C. An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and the
CBD-60 Zoning Districts
By Alderperson Dotson: Seconded by Alderperson Rosario
ORDINANCE NO. 2009-
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1.
The Official Zoning Map of the City of Ithaca is hereby amended to change the
designation of Tax Parcel #61.-6-9 from B-1a to CBD-60.
Section 2.
Effective Date. This Ordinance shall take effect immediately and in accordance with law
after publication of notice as provided in the Ithaca City Charter.
Alderperson Tomlan shared her concerns regarding project issues vs. planning issues
and the result of spot zoning. She explained the site’s height dimensions and the
proximity to designated landmarks that are included in a historic district. She further
noted that she still has reservations regarding the parking needs for the proposed use.
Discussion followed on the floor regarding the other potential uses that could go into the
site.
A vote on the Ordinance resulted as follows:
Carried Unanimously
December 2, 2009
30
11.2 City Comprehensive Plan – Selection of Consultant for Phase I – Resolution
By Alderperson Dotson: Seconded by Alderperson Cogan
WHEREAS, the City of Ithaca’s existing comprehensive plan was completed in 1971
and has since been amended fourteen times by various targeted neighborhood and
strategic plans, and
WHEREAS, while some objectives of the 1971 plan are still applicable, many are not,
and both local conditions and broader national and world-wide trends that affect Ithaca
have changed dramatically since then, resulting in a need to update the comprehensive
plan to address present-day issues and anticipate future ones, and
WHEREAS, the preparation of a comprehensive plan at this time provides a valuable
opportunity to coordinate with the Town of Ithaca as it updates its comprehensive plan
as well as with Tompkins County, Tompkins Consolidated Area Transit, Ithaca-
Tompkins County Transportation Council, and local employer planning initiatives either
under way or recently completed, and
WHEREAS, the undertaking of a comprehensive plan at this time comes at the Mayor’s
initiative, first expressed in the 2004 “State of the City” address and later with the
appointment of a “pre-planning” committee in February 2007, consisting of the Mayor,
four Common Council members, Department of Planning and Development staff
members and, as of January 2008, two members of the Planning and Development
Board, and
WHEREAS, the “pre-planning” committee convened by the Mayor to discuss issues
related to the preparation of a new comprehensive plan discussed a two-phase planning
process, where phase 1 would entail the preparation of a city-wide vision statement that
would set forth broad principles to guide future planning and development throughout
the city and its neighborhoods, and phase 2 would include the preparation of specific
neighborhood plans and other distinct thematically-based plans, and
WHEREAS, at its meeting on February 6, 2008, the Common Council approved a
capital project in the amount of $200,000 ($125,000 the first year and $75,000 the
second year) to prepare a comprehensive plan, and
WHEREAS, in accordance with the N.Y.S. General City Law §28-a and the City of
Ithaca Municipal Code §4-23, the City of Ithaca Planning and Development Board is
responsible for the preparation and recommendation of a new comprehensive plan to
the Common Council, which has the exclusive power to formally adopt the plan for the
City, and
WHEREAS, the Planning and Development Board established the Comprehensive Plan
Committee at its meeting on July 22, 2008 and appointed a group of twenty-three
members which includes representation from the Common Council, the Planning and
Development Board, and the Town of Ithaca, along with representation from established
City advisory boards and from other stakeholder groups intended to reflect a broad and
diverse range of community and neighborhood interests, and
WHEREAS, the Comprehensive Plan Committee, which is to work under the
supervision of the Planning and Development Board (which will provide broad oversight
for the whole comprehensive planning process), was charged by the Planning Board
with several responsibilities regarding the preparation of a new comprehensive plan,
and these overall responsibilities include: (1) preparing and approving a request for
qualifications (“RFQ”) for a consultant team to assist with phase 1 of the development of
the proposed, new City of Ithaca comprehensive plan; and (2) reviewing the responses
to the RFQ, conducting interviews of consultant teams, and making a recommendation
of a consultant team to the Planning and Development Board, Mayor, and Common
Council for their respective approvals, and
WHEREAS, the Comprehensive Plan Committee prepared and approved a RFQ in the
spring of 2009, and the City received responses from 20 consultant firms, and
December 2, 2009
31
WHEREAS, the Comprehensive Plan Committee reviewed the responses and selected
four firms for interviews, and
WHEREAS, a seven-member subcommittee of the Comprehensive Plan Committee
conducted the consultant interviews on October 19-20, 2009 and met again on
November 2, 2009, at which time the subcommittee unanimously recommended the
Parsons Brinckerhoff Team for consideration by the larger committee, and
WHEREAS, at its meeting on November 5, 2009, the Comprehensive Plan Committee
reviewed the subcommittee’s recommendation and, based on the reasons identified in
the “Comprehensive Plan Committee’s Consultant Recommendation to the Planning
and Development Board, Mayor and Common Council,” dated November 5, 2009, voted
unanimously to recommend that the Parsons Brinckerhoff Team be selected as the
consultant to prepare phase 1 of the proposed, new comprehensive plan; now,
therefore, be it
RESOLVED, That the Common Council approves the Comprehensive Plan
Committee’s recommendation of the Parsons Brinckerhoff Team and authorizes the
Mayor to enter into a contract with Parsons Brinckerhoff for the preparation of phase 1
of the proposed, new comprehensive plan.
Amending Resolution:
By Alderperson Dotson: Seconded by Alderperson Tomlan
RESOLVED, That the Resolved clause be amended to read as follows:
“RESOLVED, That the Common Council approves the Comprehensive Plan
Committee’s recommendation of the Parsons Brinckerhoff Team and authorizes the
Mayor to enter into a contract with Parsons Brinckerhoff for the preparation of phase 1
of the proposed, new comprehensive plan in an amount not to exceed $200,000.”
Carried Unanimously
Alderperson Zumoff stated that he would be voting against this Resolution as he has a
problem with the cost of the project, not the recommendation of the Committee. He
questioned why the 5th Whereas clause mentions the preparation of a city-wide “vision
statement”, when the action taken by Council was for the preparation of a
comprehensive plan.
Alderperson Cogan responded that the Comprehensive Plan is intended to be an
“umbrella” plan based on broad principles and guidelines, and that the neighborhood-
specific plans would be incorporated into the broader plan.
Alderpersons Schuler and Coles noted that the Board of Zoning Appeals has recently
expressed its appreciation for the effort to create a comprehensive plan so that they can
address zoning issues in a manner consistent with the greater plan.
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Coles, Dotson, Clairborne, Rosario, Tomlan, Schuler,
Myrick, Mohlenhoff, Cogan
Nays (1) Zumoff
Carried
11.3 Acceptance of the Common’s Client Committee Recommendation and
Authorization of Sasaki to Prepare a Preliminary Design for the Repairs and
Upgrades to the Commons – Resolution
By Alderperson Dotson: Seconded by Alderperson Zumoff
WHEREAS, in June of 2009, the City hired Sasaki Associates to design upgrades and
repairs for The Commons, and
WHEREAS, Sasaki Associates was contracted to evaluate the existing conditions and
future needs of The Commons based on utilities, surfaces, site structures and planting,
to consider overall design integration into the surrounding area, and to recommend
project phasing that would minimize construction impacts, and
December 2, 2009
32
WHEREAS, The Commons Client Committee, which consists of 15 members of the
public and city officials appointed by the Mayor, and 7 supporting City staff members
from the City Clerk’s office, Engineering, Planning, Fire, and the Downtown Ithaca
Alliance, were charged with assisting Sasaki Associates, a design firm hired by the City,
with developing conceptual approaches to repairing and upgrading the utilities, surface,
and amenities on The Commons, and
WHEREAS, The Commons Client Committee and the Consultant worked together over
several months on an extensive public outreach process, which included soliciting
comments from downtown residents, downtown employees, merchants, property
owners, shoppers, playground users, mobile vendors, seniors, people with disabilities,
tourists, college students, library users, downtown event planners, utility suppliers, as
well as from the general public, and
WHEREAS, comments were collected regarding safety/security, access/accessibility,
project phasing, vegetation, surface conditions/amenities, art/history, budget, and retail
mix, and
WHEREAS, Sasaki Associates prepared 3 possible design options for the upgrades
and repairs to The Commons, a minimal option, which attempts to retain as much of the
original design as possible, an asymmetric design, which places the amenities all on
one side of The Commons and the pedestrian walkway on the other side, and an
eclectic streetscape option, which creates two rows of amenities down the length of The
Commons and three walkways, one large in the center and two smaller walkways along
the store fronts, and
WHEREAS, The Commons Client Committee has evaluated these three options based
on how well they respond to concerns that have been raised regarding budget, utilities,
safety, security, visibility, access/accessibility, surface conditions, vegetation/trees,
comfort, retail mix, and constructions phasing, and
WHEREAS, the Client Committee has determined that the minimal option which retains
a center loaded layout will do little to respond to the concerns that have been raised by
the public and the asymmetric option is an improvement, but leaves many concerns
unresolved, and the Committee finds that the eclectic streetscape option best responds
to concerns which have been raised, and
WHEREAS, the consultants have provided images of possible design elements for the
Eclectic Streetscape option that are inspired by the morphology of the gorges, which the
Committee feels will help to establish a sense of comfort, a sense of discovery and a
special sense of place, and will provide the best opportunity for The Commons to speak
to the unique character of Ithaca, and
WHEREAS, the concept options for Bank Alley, included an Option 1, minimal option,
Option 2 center loaded layout with a large performance space at the intersection with
Seneca Street and a large water/play area, and Option 3, which has smaller play
features loaded along one side and a large walkway along the other side, and
WHEREAS, the Committee received many comments from the public regarding the
importance of retaining a play area on The Commons, as well as to continue to provide
a performance space, and
WHEREAS, the Committee has found that the Option 2 for Bank Alley is the most
favorable, and the large amenity area provides adequate space for both a performance
area and a play area, now therefore, be it
RESOLVED, That the Common Council accepts the recommendation of The Commons
Client Committee and directs Sasaki Associates to work with The Commons Client
Committee to develop a preliminary design based on the Option 3 Eclectic Streetscape
concept for the State/MLK Street portion of The Commons and the Option 2 concept for
the Bank Alley portion of The Commons.
December 2, 2009
33
Alderperson Schuler, Liaison to the Shade Tree Advisory Committee, asked if a
member of the Shade Tree Committee served as a representative on the Client
Committee. She read a statement that was prepared by the Shade Tree Committee
regarding the impact of the recommended option on the established trees on the
Commons. Planning and Development Director Cornish responded that Dan Klein and
City Forester Andy Hillman have been actively involved with the Client Committee.
Alderperson Coles stated that she feels this is the wrong time to take on this project,
and sees no reason for any part of the project to move forward. She voiced her
disappointment that project costs have not been provided in association with the
concept alternatives, and stated that she believes the Eclectic Streetscape concept
would negatively change the public assembly usage of the Commons.
Planning Director Cornish responded that the Client Committee reviewed all of the
comments received at the public sessions and stakeholder group meetings. Many
comments were received that indicated a desire to reduce the number of covered,
permanent performance spaces. Members of the public and stakeholders noted that
when the pavilions are not in active use, they can be taken over by groups of people
that make the space feel unwelcoming to other potential users.
Alderperson Zumoff, Liaison to the Commons Client Committee, noted that he
appreciates hearing the differences of opinions and commended the Client Committee
and Sasaki Associates for the work they have done so far. He noted that he believes
the process has gone very smoothly; the public sessions were well attended and the
Client Committee works very well together.
Mayor Peterson explained that the design process will provide additional opportunities
for public input.
Alderperson Tomlan commented on the different perspectives of the Commons: public
gathering place vs. a business district. She suggested that Common Council develop
“anchoring” principles for the project and include them in the Resolution.
Alderperson Rosario stated that he would like to see language added to a Whereas
clause that references the impact of the utility work needed.
Motion to Refer:
By Alderperson Rosario: Seconded by Alderperson Dotson
RESOLVED, That this Resolution be referred to the Planning and Economic
Development Committee for the development of project principles and additional
explanatory language.
Carried Unanimously
Motion to Extend Meeting:
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That the meeting be extended until 12:00 am.
Ayes (8) Coles, Dotson, Rosario, Zumoff, Tomlan, Myrick,
Mohlenhoff, Cogan
Nays (2) Clairborne, Schuler
Carried
11.4 Comment on the Route 96 Corridor Management Study – Resolution
By Alderperson Dotson: Seconded by Alderperson Coles
WHEREAS, in recognizing the need for additional housing in Tompkins County and the
ongoing development of housing in the area to the west and northwest of Cayuga Lake,
the Tompkins County Department of Planning proposed the Route 96 Corridor
Management Study in order to evaluate impacts associated with development in that
corridor from the Village of Trumansburg to the intersection with Route 13 in the City of
Ithaca, and to examine means of mitigating those impacts, including land use
regulations and transportation system improvements, and
December 2, 2009
34
WHEREAS, the City of Ithaca Common Council, at its July 5, 2007, meeting, authorized
the expenditure of $8,000 so that the City could participate in this study with Tompkins
County, the Ithaca-Tompkins County Transportation Council, and the Towns of Ithaca
and Ulysses, and
WHEREAS, a consultant team was hired and completed Technical Reports #1, 2 and 3
with technical analysis and recommendations, and
WHEREAS, after receiving public comment solicited through various means,
representatives of the Route 96 Corridor Technical Review Committee prepared Draft
Technical Report #4 (dated 4/6/09), and
WHEREAS, the City of Ithaca Planning and Development Board has reviewed the
Route 96 Corridor Management Study reports at its regular meetings on June 23, July
28 and August 25, 2009, and at a special meeting on September 10, 2009, and
WHEREAS, the Planning and Development Board, by resolution approved at its
September 23, 2009, meeting, provided numerous comments and recommendations
regarding the Route 96 Corridor Management Study, and
WHEREAS, the Common Council has reviewed the Technical Reports and the Planning
and Development Board’s comments thereon, and shares the board’s concerns
regarding the importance of the identification of concentrated development nodes, the
protection of open space along the corridor and the avoidance of typical suburban
sprawl development patterns; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council concurs with the concerns stated
by the Planning and Development Board and seeks to continue discussions with
Tompkins County, the Ithaca-Tompkins County Transportation Council, and the Towns
of Ulysses and Ithaca as the City and other study participants develop and review their
respective comprehensive plans to best fulfill various stated goals.
Amending Resolution:
Alderperson Dotson: Seconded by Alderperson Tomlan
RESOLVED, That the last Whereas clause and the Resolved clause be replaced by the
following language:
“WHEREAS, the Common Council has reviewed the Technical Reports and the
Planning and Development Board’s comments thereon; now, therefore, be it
RESOLVED, That the Common Council shares the Planning and Development Board’s
support for the goals of nodal development and the protection of open space along the
Route 96 corridor in order to discourage linear and other typical patterns of suburban
sprawl, and that the Common Council concurs with the board’s concerns regarding the
definition and character of the nodes, and, be it further
RESOLVED, That, in light of these goals and concerns, the City of Ithaca Common
Council seeks to continue discussions with Tompkins County, the Ithaca-Tompkins
County Transportation Council, and the Towns of Ulysses and Ithaca as the City and
other study participants develop and review their respective comprehensive plans.”
Carried Unanimously
Mayor Peterson extended her thanks to the Planning Board for all of their work on this
issue.
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
December 2, 2009
35
14. NEW BUSINESS:
14.1 Wild Fire Restaurant Alcohol Permit Request - Resolution
By Alderperson Myrick: Seconded by Alderperson Clairborne
WHEREAS, the City Clerk has received a request to allow the Wild Fire restaurant 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 Wild Fire restaurant, including the responsible sale and consumption
of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2009, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Wild Fire
restaurant that includes the sale of alcohol in accord with the terms and conditions set
forth in application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
Carried Unanimously
14.2 Authorization to Execute an Agreement with the Towns of Ithaca and
Dryden, as to the Sharing of Costs of the City’s Legal Defense in FirstEnergy
Corp. vs City of Ithaca, et al, and Any Liability Associated with the Ownership and
Operation of the Ithaca Area Wastewater Treatment Facility, Since December 22,
1981
By Alderperson Cogan: Seconded by Alderperson Tomlan
WHEREAS, the City of Ithaca, as the owner of record (since 1959) of the real property
where the Ithaca Area Wastewater Treatment Facility (IAWTF) is located, has been
named as third-party defendant and potentially liable party, by FirstEnergy Corporation,
in litigation initially between FirstEnergy and New York State Electric & Gas Corporation
(NYSEG), regarding liability for the cost of remediation of coal tar contamination on the
site (and elsewhere); and
WHERAS, NYSEG had used the site in question for construction of a coal gasification
plant, which NYSEG operated from 1927 until approximately 1932, and which produced
coal tar as a by-product of the gasification process; and
WHEREAS, the City of Ithaca acquired the site in question from NYSEG, in 1959, and
shortly thereafter used part of the site to expand the City’s original wastewater treatment
facility; and
WHEREAS, in a Joint Sewer Agreement signed on December 22, 1981, the City and
the Towns of Ithaca and Dryden agreed that they would jointly construct and operate a
new wastewater treatment facility on the site in question, that they would apportion
among themselves any liability resulting from claims arising out of the construction or
operation of the plant, and that ownership of the real property on which the new plant
was to be built would be conveyed from the City to the three involved municipalities; and
WHEREAS, for reasons not now known, the intended conveyance of the site into joint
ownership did not occur, although in 2008 the City indicated that it was willing to
proceed with it, and, more recently, the Town Boards both agreed to accept such
conveyance; and
December 2, 2009
36
WHEREAS, during construction of the new, joint facility, in the mid-1980s, it was
discovered that there was coal tar contamination on the site, in the vicinity of the former
coal gasification plant; and
WHEREAS, after discussion of the third-party litigation brought by FirstEnergy, the
Special Joint Committee of the IAWTF has recommended that the three municipalities
agree to share responsibility, proportionately, for the costs of defending the City (and
the Towns, if they are named) and for any liability associated solely with ownership of
the site, or with its operation since December 22, 1981; now therefore be it
RESOLVED, that the Mayor, upon the advice of the City Attorney, is hereby authorized
to execute an agreement with the Towns of Ithaca and Dryden (regarding shared
responsibility for the afore-mentioned legal defense fees and for any liability associated
with ownership or operation of the site since December 22, 1981), provided the form
and substance of such agreement are essentially the same as that of the draft (#8) of
the agreement dated 12/1/09.
Carried Unanimously
16. MAYOR’S APPOINTMENTS:
16.1 Appointments and Reappointments to Various City Boards and
Committees – Resolution
Board of Public Works:
By Alderperson Cogan: Seconded by Alderperson Schuler
RESOLVED, That Jill Tripp be reappointed to the Board of Public Works with a term to
expire December 31, 2012.
Bicycle Pedestrian Advisory Council:
RESOLVED, That David Nutter be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire December 31, 2012, and be it further
RESOLVED, That Joshua Carlsen be reappointed to the Bicycle Pedestrian Advisory
Council with a term to expire December 31, 2012.
Board of Zoning Appeals:
RESOLVED, That Steven Beer be reappointed to the Board of Zoning Appeals with a
term to expire December 31, 2012.
Building Code Board of Appeals:
RESOLVED, That Ernie Bayles be reappointed to the Building Code Board of Appeals
with a term to expire December 31, 2012.
Design Review Board:
RESOLVED, That Grace Chiang be reappointed to the Design Review Board with a
term to expire December 31, 2012.
Examining Board of Electricians:
RESOLVED, That Richard Srnka be reappointed to the Examining Board of Electricians
with a term to expire December 31, 2012.
Housing Board of Review:
RESOLVED, That Chris Anagnost be reappointed to the Housing Board of Review with
a term to expire December 31, 2012, and be it further
RESOLVED, That William Olney be reappointed to the Housing Board of Review with a
term to expire December 31, 2012.
Ithaca Landmarks Preservation Commission:
RESOLVED, That David Kramer be appointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2010, and be it further
RESOLVED, That Sylvia Sheret Newman be appointed to the Ithaca Landmarks
Preservation Commission with a term to expire December 31, 2010.
December 2, 2009
37
Natural Areas Commission:
RESOLVED, That Sarah B. Steuteville be appointed to the Natural Areas Commission
to replace Wendy Wallitt with a term to expire December 31, 2011, and be it further
RESOLVED, That Joe McMahon be reappointed to the Natural Areas Commission with
a term to expire December 31, 2012.
Parks Commission:
RESOLVED, That Dan Klein be reappointed to the Parks Commission with a term to
expire December 31, 2012, and be it further
RESOLVED, That Suzanne VanDeMark be reappointed to the Parks Commission with
a term to expire December 31, 2011.
Planning and Development Board:
RESOLVED, That David Kay be reappointed to the Planning and Development Board
with a term to expire December 31, 2012, and be it further
RESOLVED, That Tessa Rudan be reappointed to the Planning and Development
Board with a term to expire December 31, 2012, and be it further
RESOLVED, That Jill Tripp be reappointed to the Planning and Development Board as
the Board of Public Works Liaison with a term to expire December 31, 2012.
Public Art Commission
RESOLVED, That Sally Grubb be reappointed to the Public Art Commission with a term
to expire June 30, 2012.
Shade Tree Advisory Committee:
RESOLVED, That Anthony Hanna be reappointed to the Shade Tree Advisory
Committee with a term to expire December 31, 2012, and be it further
RESOLVED, That Debra Statton be reappointed to the Shade Tree Advisory Committee
with a term to expire December 31, 2012.
Work Force Diversity Advisory Committee:
RESOLVED, That Marcia Fort be reappointed to the Work Force Diversity Advisory
Committee with a term to expire December 31, 2012, and be it further
RESOLVED, That Mary Leckey be reappointed to the Work Force Diversity Advisory
Committee with a term to expire December 31, 2012, and be it further
RESOLVED, That Sue Kittel be reappointed to the Work Force Diversity Advisory
Committee with a term to expire December 31, 2012, and be it further
RESOLVED, That Nancy Bereano be reappointed to the Work Force Diversity Advisory
Committee with a term to expire December 31, 2012, and be it further
RESOLVED, That Liz Vance be reappointed to the Work Force Diversity Advisory
Committee with a term to expire December 31, 2012.
Youth Bureau Board:
RESOLVED, That Lizzy Noonan-Pomada be reappointed to the Youth Bureau Board
with a term to expire December 31, 2012.
Mayor Peterson extended her thanks to Information Management Specialist Sarah
Myers and Executive Assistant Annie Sherman for all of their work in preparing these
appointments. Alderperson Tomlan extended her thanks to all of those who volunteer
their time to the City of Ithaca.
A vote on the Resolution resulted as follows:
Carried Unanimously
December 2, 2009
38
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that a lawsuit has been filed against the Building
Commissioner regarding a building permit for a parking lot on East Seneca Street. The
City Attorney’s Office will be providing the defense for this case.
MINUTES FROM PREVIOUS MEETINGS:
20.1 Approval of the October 7, 2009 and November 4, 2009 Regular Common
Council Meeting Minutes – Resolution
By Alderperson Myrick: Seconded by Alderperson Coles
RESOLVED, That the minutes of the October 7, 2009 and November 4, 2009 Regular
Common Council Meetings be approved with noted corrections.
Carried Unanimously
Mayor Peterson distributed notes on a proposed Standing Committee structure for
2010, and Committee Liaison assignments. She asked Council members to review the
information and provide feedback to her.
Motion to Enter into Executive Session to Discuss the Employment History of an
Individual Employee – Resolution
By Alderperson Myrick: Seconded by Alderperson Coles
RESOLVED, That Common Council enter into Executive Session to discuss the
employment history of an Individual Employee and information relating to a criminal
investigation that if disclosed would imperil effective law enforcement.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor