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HomeMy WebLinkAbout07-06-11 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, July 6, 2011, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Proposal to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the Collegetown Overlay Zone Height Incentive District 4.2 A Public Hearing to Consider the Proposal to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the “Payment in Lieu of Parking Fee Option” provision of the Collegetown Parking Overlay Zone 4.3 A Public Hearing to Consider the Proposal to Repeal Chapter 160 of the City of Ithaca Municipal Code entitled “Design Review”, to amend Chapter 272 of the City of Ithaca Municipal Code entitled “Signs”, Subsection 272-6.A(6)b; to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-10 entitled “Accessory Apartments”, Subsection D.6; and to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Article VIII entitled “Courthouse Special Use Zone”. 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Stan Mulvihill of McCormack Baron Salazar Reporting on the Southwest Project 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 7.1 A Discussion on the Process of Filling the First Ward Vacancy 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Fire Department - Request to Amend 2011 Authorized Budget for Receipt of Grant - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the Collegetown Overlay Zone Height Incentive District Common Council Agenda July 6, 2011 Page 2 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE Continued: A. Declaration of Lead Agency for Environmental Review – Resolution B. Determination of Environmental Significance - Resolution C. Adoption of Ordinance 9.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the “Payment in Lieu of Parking Fee Option” provision of the Collegetown Parking Overlay Zone A. Declaration of Lead Agency for Environmental Review – Resolution B. Determination of Environmental Significance - Resolution C. Adoption of Ordinance 9.3 An Ordinance to Repeal Chapter 160 of the City of Ithaca Municipal Code entitled “Design Review”, to amend Chapter 272 of the City of Ithaca Municipal Code entitled “Signs”, Subsection 272-6.A(6)b; to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-10 entitled “Accessory Apartments”, Subsection D.6; and to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Article VIII “Courthouse Special Use Zone”. A. Declaration of Lead Agency for Environmental Review – Resolution B. Determination of Environmental Significance - Resolution C. Adoption of Ordinance 10. CITY ADMINISTRATION COMMITTEE: 10.1 Finance/Controller’s Office – Approval of 2009 Single Audit Report – Resolution 10.2 Department of Public Works - Request for Funds for Purchase of Pay Stations - Resolution 10.3 Department of Public Works - Intersection Bulb-outs on West Green & West Seneca Street - Resolution 10.4 Information Technology - Policy Regarding the Appropriate Use of Social Media Resolution 10.5. Human Resources - A Local Law to Delete Various Sections of the City of Ithaca Charter Regarding Employee Benefits 10.6 A Resolution Authorizing the Issuance of $8,932,398 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for said City. 10.7 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: Common Council Agenda July 6, 2011 Page 3 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Clairborne - Resolution to Cornell University Administrators Regarding the Change in Status for the Africana Studies and Research Center 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Ithaca Youth Bureau Board - Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 2, 2011 Special Common Council Meeting Minutes – Resolution 18.2 Approval of the May 12, 2011 Special Common Council Meeting Minutes – Resolution 18.3 Approval of the June 1, 2011 Regular Common Council Meeting Minutes – Resolution 18.4 Approval of the June 22, 2011 Special Common Council Meeting Minutes – Resolution 18.5 Approval of the June 28, 2011 Special Common Council Meeting Minutes – Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: July 1, 2011 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Fire Department - Request to Amend 2011 Authorized Budget for Receipt of Grant - Resolution WHEREAS, the Ithaca Fire Department has been awarded a Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) in the amount of $100,000, and WHEREAS, the grant funds will be used to purchase and install ten multi-function DVRS (Digital Vehicle Repeater System) units in the emergency response apparatus which will improve portable radio communication within buildings, and WHEREAS, the grant requires a 10% local match of $10,000, and WHEREAS, the total project cost will be $108,100 with the sources of funding as follows: FEMA Grant $90,000 2010 Encumbered Funds 10,000 CP #714 IFD Communications Equipment 8,100 $108,100 now, therefore be it RESOLVED, That Common Council hereby amends the 2011 authorized City budget by an amount not to exceed $90,000 to account for the Federal Emergency Management Agency Assistance to Firefighters grant as follows: Increase Revenue Account A3410-4389 Federal Aid Public Safety $90,000 Increase Appropriations Account: A3410-5225-12250 Other Equipment $90,000 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the Collegetown Overlay Zone Height Incentive District A. Declaration of Lead Agency for Environmental Review – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code to repeal the Collegetown Overlay Zone Height Incentive District (COZ-HI). B. Determination of Environmental Significance - Resolution WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325 (“Zoning”) of the Municipal Code for the City, and the Official Zoning Map, so as to establish the “Collegetown Overlay Zone Height Incentive District” (COZ-HI), which would allow a property owner in the district to construct an additional, seventh story if the building or project in question provided certain, identified community benefits; and WHEREAS, said ordinance, as written, was intended to be implemented in conjunction with several other, inter-related ordinances that addressed land use, parking and design issues in the Collegetown area, including the establishment of new, “form-based” zoning districts (which districts are referred to in and are integral to the COZ-HI amendment); and WHEREAS, while the ordinance to establish form-based districts received seven of ten votes, the filing of a protest by certain affected property owners, immediately prior to the vote, had the effect of requiring at least eight votes for its passage – meaning it was not approved; and WHEREAS, as a result of this unanticipated situation, the Council voted, on May 12, 2011, to delay publication of the required notice of the adoption of the COZ-HI ordinance (and the other, related ordinances), pending its further consideration of the appropriate course of action; and WHEREAS, implementation of the COZ-HI, as currently written, without the form-based districts in place, would be undesirable, which outcome can be avoided by repeal of the inter-related ordinances enacted on May 4, 2011, and WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to repeal the Collegetown Overlay Zone Height Incentive District (COZ-HI), and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (FEAF), dated June 30, 2011, and WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated June 30, 2011, 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. CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: City of Ithaca 2. Project Name: Repeal of §325-42, Collegetown Overlay Zon Height Incentive District (COZ-HI), of the Cit Municipal Code) 3. Project Location: City of Ithaca 4. Is Proposed Action New ˆ Expansion ˆ Modification/Alteration 5. Describe project briefly: The proposed action would repeal §325-42, Collegetown Parking Overlay Zone Height Incentive District (COZ-HI), which allows a property owner in the district to construct a building of up to 7 stories and 84’ in height if the building or project in question provided certain, identified community benefits. 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): 300-block of College Avenue (see attached map) 7. Amount of Land Affected: Initially: 2.8 acres Ultimately: 2.8 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes ˆ No If no, describe briefly: 9. What is present land use in vicinity of project: Residential ˆ Industrial ˆ Agricultural ˆParkland/Open Space Commercial ˆ Other ___________ 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): ˆ Yes No If yes, list agency name and permit/approval type: 11. Does any aspect of the action have a currently valid permit or approval? ˆ Yes No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? ˆ Yes No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: ____________________________ DATE: 6/30/11 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Name of Project: Repeal of §325-42, Collegetown Overlay Zone Height Incentive Distric (COZ-HI), of the City Municipal Code Yes No 1. Will project result in a large physical change to the project site or physically alter more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? 4. Will the project have an impact on groundwater quality? 5. Will the project affect drainage flow on adjacent sites? 6. Will the project affect any threatened or endangered plant or animal species? 7. Will the project result in an adverse effect on air quality? 8. Will the project have an effect on visual character of the community or scenic views or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre- historic, or paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? 11. Will the project result in traffic problems or cause a major effect to existing transportation systems? 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? 14. Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one- year period OR have a negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE:_____________________________ DATE: 6/30/11 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca C. Adoption of Ordinance WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325 (“Zoning”) of the Municipal Code for the City, and the Official Zoning Map, so as to establish the “Collegetown Overlay Zone Height Incentive District” (COZ-HI), which would allow a property owner in the district to construct an additional, seventh story if the building or project in question provided certain, identified community benefits; and WHEREAS, said ordinance, as written, was intended to be implemented in conjunction with several other, inter-related ordinances that addressed land use, parking and design issues in the Collegetown area, including the establishment of new, “form-based” zoning districts (which districts are referred to in and are integral to the COZ-HI amendment); and WHEREAS, while the ordinance to establish form-based districts received seven of ten votes, the filing of a protest by certain affected property owners, immediately prior to the vote, had the effect of requiring at least eight votes for its passage – meaning it was not approved; and WHEREAS, as a result of this unanticipated situation, the Council voted, on May 12, 2011, to delay publication of the required notice of the adoption of the COZ-HI ordinance (and the other, related ordinances), pending its further consideration of the appropriate course of action; and WHEREAS, implementation of the COZ-HI, as currently written, without the form-based districts in place, would be undesirable, which outcome can be avoided by repeal of the inter-related ordinances enacted on May 4, 2011; now, therefore, ORDINANCE NO. 2011- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 325 entitled (“Zoning”) of the Municipal Code of the City of Ithaca is hereby amended as follows: Deletion of Section 325-42 (“Collegetown Overlay Zone Height Incentive District (COZ-HI)”) in its entirety, including all subsections thereunder, and renumbering of all sections in said Chapter, following 325-41, accordingly. Deletion from Section 325-4 (entitled “Establishment of Districts”) of any reference to the Collegetown Overlay Zone Height Incentive District. Deletion from Section 325-5 (entitled “Zoning Maps”) of any reference to the Collegetown Overlay Zone Height Incentive District. Section 2. The Official Zoning Map of the City of Ithaca, New York, is hereby amended to delete any reference to the Collegetown Overlay Zone Height Incentive District Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 4. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 9.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, So as to Repeal the “Payment in Lieu of Parking Fee Option” provision of the Collegetown Parking Overlay Zone A. Declaration of Lead Agency for Environmental Review – Resolution 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 the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Zoning Code to repeal the May 4, 2011 amendments to the Collegetown Parking Overlay Zone (CPOZ). B. Determination of Environmental Significance - Resolution WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325 entitled (“Zoning”) of the Municipal Code for the City, so as to modify the “Collegetown Parking Overlay Zone” (CPOZ), which would change off-street parking requirements in certain areas of Collegetown, would eliminate the option to provide required parking off-site, and would provide property owners within the CPOZ with the option of paying a per-space fee to the City in lieu of providing one or more required off-street parking spaces; and WHEREAS, said ordinance, as written, was intended to be implemented in conjunction with several other, inter-related ordinances that addressed land use, parking and design issues in the Collegetown area, including the establishment of new, “form-based” zoning districts (which districts are referred to in and are integral to the CPOZ amendment); and WHEREAS, while the ordinance to establish form-based districts received seven of ten votes, the filing of a protest by certain affected property owners, immediately prior to the vote, had the effect of requiring at least eight votes for its passage – meaning it was not approved; and WHEREAS, as a result of this unanticipated situation, the Council voted on May 12, 2011, to delay publication of the required notice of the adoption of the CPOZ amendment (and the other, related ordinances), pending its further consideration of the appropriate course of action; and WHEREAS, implementation of the above-described CPOZ amendment, as currently written, without the form-based districts in place, would be undesirable, which outcome can be avoided by repeal of the ordinances enacted on May 4, 2011, and WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal Code in order to repeal the May 4, 2011 amendments to the Collegetown Parking Overlay Zone that (1) established a payment in lieu of parking system; (2) eliminated the option of providing off-site parking areas within the CPOZ; and (3) reduced the residential parking requirements for certain zoning districts within the CPOZ, and WHEREAS, appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (FEAF), dated June 30, 2011, 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, dated June 30, 2011, 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. CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: City of Ithaca 2. Project Name: Repeal of §325-43, Collegetown Parking Overlay Zone of the City Municipal Code 3. Project Location: City of Ithaca 4. Is Proposed Action New ˆ Expansion ˆ Modification/Alteration 5. Describe project briefly: The proposed action would repeal §325-43, Collegetown Parking Overlay Zone. This section contains amendments to the Collegetown Parking Overlay Zone (CPOZ) adopted on May 4, 2011 that (1) established a payment in lieu of parking system; (2) eliminated the option of providing off-site parking areas within the CPOZ; and (3) reduced the residential parking requirements for certain zoning districts within the CPOZ. The proposed action would reestablish the residential parking requirements within the CPOZ that were in place prior to the adoption of the May 4, 2011 amendments. 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): Collegetown area (see attached map) 7. Amount of Land Affected: Initially: 88 acres Ultimately: 88 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes ˆ No If no, describe briefly: 9. What is present land use in vicinity of project: Residential ˆ Industrial ˆ Agricultural Parkland/Open Space Commercial Other _university____ 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): ˆ Yes No If yes, list agency name and permit/approval type: 11. Does any aspect of the action have a currently valid permit or approval? ˆ Yes No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? ˆ Yes No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: ____________________ DATE: 6/30/11 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Name of Project: Repeal of §325-43, Collegetown Parking Overlay Zone of the City Mun Code Yes No 16. Will project result in a large physical change to the project site or physically alter more than one acre of land? 17. Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state agency? 18. Will the project alter or have any effect on an existing waterway? 19. Will the project have an impact on groundwater quality? 20. Will the project affect drainage flow on adjacent sites? 21. Will the project affect any threatened or endangered plant or animal species? 22. Will the project result in an adverse effect on air quality? 23. Will the project have an effect on visual character of the community or scenic views or vistas known to be important to the community: 24. Will the project adversely impact any site or structure of historic, pre- historic, or paleontological importance or any site designated a local landmark or in a landmark district? 25. Will the project have an effect on existing or future recreational opportunities? 26. Will the project result in traffic problems or cause a major effect to existing transportation systems? 27. Will the project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion? 28. Will the project have any impact on public health or safety? 29. Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one- year period OR have a negative effect on the character of the community or neighborhood? 30. Is there public controversy concerning the project? If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: ________________________________ DATE: 6/30/11 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca C. Adoption of Ordinance WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted an ordinance intended to amend Chapter 325 entitled (“Zoning”) of the Municipal Code for the City, so as to modify the “Collegetown Parking Overlay Zone” (CPOZ), which would change off-street parking requirements in certain areas of Collegetown and would provide property owners within the CPOZ with the option of paying a per-space fee to the City in lieu of providing one or more required off-street parking spaces; and WHEREAS, said ordinance, as written, was intended to be implemented in conjunction with several other, inter-related ordinances that addressed land use, parking and design issues in the Collegetown area, including the establishment of new, “form-based” zoning districts (which districts are referred to in and are integral to the CPOZ amendment); and WHEREAS, while the ordinance to establish form-based districts received seven of ten votes, the filing of a protest by certain affected property owners, immediately prior to the vote, had the effect of requiring at least eight votes for its passage – meaning it was not approved; and WHEREAS, as a result of this unanticipated situation, the Council voted on May 12, 2011, to delay publication of the required notice of the adoption of the CPOZ amendment (and the other, related ordinances), pending its further consideration of the appropriate course of action; and WHEREAS, implementation of the above-described CPOZ amendment, as currently written, without the form-based districts in place, would be undesirable, which outcome can be avoided by repeal of the ordinances enacted on May 4, 2011; now, therefore, ORDINANCE NO. 2011- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 325 (“Zoning”) of the Municipal Code of the City of Ithaca is hereby amended as follows: Deletion of Section 325-43 (entitled “Collegetown Parking Overlay Zone”) in its entirety, including all subsections thereunder, and renumbering of the subsections of Chapter 325 following Section 325-40, so as to restore the sequence, numbering and text in place prior to May 4, 2011. (2) Addition of the following as Subsection 325-20.C(3)(c): (c) Parking in the Collegetown Parking Overlay Zone [1] Notwithstanding anything to the contrary contained herein, in the CPOZ, required off-street parking for residential uses in the R- 3a and R-3b Zoning Districts (Residential) and the B-2a and B- 2b Zoning Districts (Business) shall be one space for every two resident occupants in the areas designated CPOZ on the map entitled “Collegetown Parking Overlay Zone,” dated June 2000, a copy of which is on file in the Ithaca City Clerk’s Office. [2] The requirements contained in §325-20.C(3)(c) shall not apply to buildings existing within the designated areas, as of October 4, 2000. Parking requirements for such buildings within these areas shall remain as specified in the chart at §325-20.C(3)(b), provided that there is no increase in the number of resident occupants. Notwithstanding anything to the contrary contained in this Code, in cases where the number of resident occupants is increased, the parking requirements of the Collegetown Parking Overlay Zone shall be applied only to the additional resident occupants. (3) Relettering of the subsequent subsections of 325-20.C(3), accordingly, so as to restore the sequence, lettering and text in place prior to May 4, 2011). Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 9.3 An Ordinance to Repeal Chapter 160 of the City of Ithaca Municipal Code entitled “Design Review”, to amend Chapter 272 of the City of Ithaca Municipal Code entitled “Signs”, Subsection 272-6.A(6)b; to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 325-10 entitled “Accessory Apartments”, Subsection D.6; and to amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Article VIII entitled “Courthouse Special Use Zone”. A. Declaration of Lead Agency for Environmental Review – Resolution 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 repeal of the “City of Ithaca Design Review Ordinance” 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 the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of an ordinance to amend the Municipal Code to repeal Chapter 160, “Design Review.” B. Determination of Environmental Significance - Resolution WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted a set of ordinances intended to: (1) add a new chapter to the Municipal Code for the City, namely, Chapter 160, entitled “Design Review;” (2) amend Chapter 272 (“Signs”), Subsection 272-6.A(6)b; (3) amend Chapter 325 (“Zoning”), Section 325-10 (“Accessory Apartments”), Subsection D.6; and (4) amend Chapter 325 (“Zoning”), Article VIII (“Courthouse Special Use Zone”); all of which amendments were intended to separate design review from the zoning ordinance, make design review binding in the Collegetown area, and transfer responsibility for implementation of design review from the Design Review Board to the Planning and Development Board; and WHEREAS, said ordinances concerning design review, as written, were intended to be implemented in conjunction with three other, inter-related ordinances that addressed land use and parking issues in the Collegetown area, including the establishment of new, “form-based” zoning districts (which districts are referred to in and are integral to the design review ordinance); and WHEREAS, while the ordinance to establish form-based districts (and to repeal the existing design review process) received seven votes, the filing of a protest by certain affected property owners, immediately prior to the vote, had the effect of requiring at least eight votes for its passage – meaning it was not approved; and WHEREAS, as a result of this unanticipated situation, the Council voted on May 12, 2011, to delay publication of the required notice of the adoption of the new design review ordinance (and the other three ordinances associated with it), pending its further consideration of the appropriate course of action; and WHEREAS, implementation of the new design review process, as currently written, without the form-based districts in place and/or without repeal of the existing process, would be undesirable and unenforceable, which outcome can be avoided by repeal of the various ordinances enacted on May 4, 2011 WHEREAS, the City of Ithaca is considering an amendment to the Municipal Code in order to repeal Chapter 160, “Design Review,” and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (SEAF), dated June 30, 2011, 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 set forth on the Short Environmental Assessment Form, dated June 30, 2011, 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. CITY SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Project Information: To be completed by applicant or project sponsor. 1. Applicant/Sponsor: City of Ithaca 2. Project Name: Repeal of Chapter 160, Design Review, of the City Municipal Code 3. Project Location: City of Ithaca 4. Is Proposed Action New ˆ Expansion ˆ Modification/Alteration 5. Describe project briefly: The proposed action would repeal Chapter 160, Design Review, adopted on May 4, 2011. The proposed action will also repeal amendments (adopted May 4, 2011) to Chapter 272, Signs, and Chapter 325, Zoning, of the City Municipal Code that reference Chapter 160. 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): city-wide 7. Amount of Land Affected: Initially: 6.1 square miles Ultimately: 6.1 square miles 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes ˆ No If no, describe briefly: 9. What is present land use in vicinity of project: Residential Industrial ˆ Agricultural Parkland/Open Space Commercial Other _university____ 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): ˆ Yes No If yes, list agency name and permit/approval type: 11. Does any aspect of the action have a currently valid permit or approval? ˆ Yes No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? ˆ Yes No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: ____________________________ DATE: 6/30/11 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Name of Project: Repeal of Chapter 160, Design Review, of the City Municipal Code Yes No 31. Will project result in a large physical change to the project site or physically alter more than one acre of land? 32. Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state agency? 33. Will the project alter or have any effect on an existing waterway? 34. Will the project have an impact on groundwater quality? 35. Will the project affect drainage flow on adjacent sites? 36. Will the project affect any threatened or endangered plant or animal species? 37. Will the project result in an adverse effect on air quality? 38. Will the project have an effect on visual character of the community or scenic views or vistas known to be important to the community: 39. Will the project adversely impact any site or structure of historic, pre- historic, or paleontological importance or any site designated a local landmark or in a landmark district? 40. Will the project have an effect on existing or future recreational opportunities? 41. Will the project result in traffic problems or cause a major effect to existing transportation systems? 42. Will the project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion? 43. Will the project have any impact on public health or safety? 44. Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one- year period OR have a negative effect on the character of the community or neighborhood? 45. Is there public controversy concerning the project? If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: ____________________________ DATE: 6/30/11 PREPARER'S TITLE: Planner REPRESENTING: City of Ithaca C. Adoption of Ordinance WHEREAS, on May 4, 2011, the Common Council of the City of Ithaca adopted a set of ordinances intended to: • Add a new chapter to the Municipal Code for the City, namely, Chapter 160, entitled “Design Review;” • Amend Chapter 272 (“Signs”), Subsection 272-6.A(6)b; • amend Chapter 325 (“Zoning”), Section 325-10 (“Accessory Apartments”), Subsection D.6; and • amend Chapter 325 (“Zoning”), Article VIII (“Courthouse Special Use Zone”); all of which amendments were intended to separate design review from the zoning ordinance, make design review binding in the Collegetown area, and transfer responsibility for implementation of design review from the Design Review Board to the Planning and Development Board; and WHEREAS, said ordinances concerning design review, as written, were intended to be implemented in conjunction with three other, inter-related ordinances that addressed land use and parking issues in the Collegetown area, including the establishment of new, “form-based” zoning districts (which districts are referred to in and are integral to the design review ordinance); and WHEREAS, while the ordinance to establish form-based districts (and to repeal the existing design review process) received seven votes, the filing of a protest by certain affected property owners, immediately prior to the vote, had the effect of requiring at least eight votes for its passage – meaning it was not approved; and WHEREAS, as a result of this unanticipated situation, the Council voted on May 12, 2011, to delay publication of the required notice of the adoption of the new design review ordinance (and the other three ordinances associated with it), pending its further consideration of the appropriate course of action; and WHEREAS, implementation of the new design review process, as currently written, without the form-based districts in place and/or without repeal of the existing process, would be undesirable and unenforceable, which outcome can be avoided by repeal of the various ordinances enacted on May 4, 2011; now, therefore, ORDINANCE NO. 2011- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The Municipal Code of the City of Ithaca is hereby amended as follows: Deletion of Chapter 160 (“Design Review”) in its entirety, including all sections and subsections thereunder. Deletion of Subsection 272-6.A(6)(b), of Chapter 272 (“Signs”), as said subsection was enacted on May 4, 2011. Addition of the following to Chapter 272 (“Signs”), as Subsection 272-6.A(6)(b), with the subsequent subsection to be relettered accordingly (as “(c)”): (b) Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 325, Zoning, § 324-42, Design review, or Article VIII, Courthouse Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code or facing such property, the Building Commissioner shall notify the Design Review Board, the Public Art Commission and/or Landmarks Commission, as applicable, for their information and any appropriate action and shall so inform the applicant. Deletion of Subsection 325-10.D(6) (“Exterior appearance.”), of Chapter 325 (“Zoning”), as said subsection was enacted on May 4, 2011. Addition of the following to Chapter 325 (“Zoning”), as Subsection 325-10.D(6), with the subsequent subsections to be relettered accordingly: (6) Exterior appearance. If an accessory apartment is located in the main building, the entry to the building and its design shall be such that the appearance of the building shall remain as a single family residence. New or additional front entrances or windows are discouraged but in any event must be in keeping with the architectural style of the rest of the structure. Exterior stairways may only be constructed in the rear, except where an alternate location would be less publicly visible. Any exterior design changes may be referred by the Board of Zoning Appeals to the Design Board for its technical advice. New or additional front entrances must have the approval of the Design Review Board. Deletion of Subsections 325-46.A and 325-46.B, of Chapter 325 (“Zoning”), as said subsections were identified and enacted on May 4, 2011, by Ordinance 2011-__. Addition of the following to Chapter 325 (“Zoning”), as Subsections 325-44.A and 325-44.B, under Section 325-44 (“Review of construction, demolition and alteration”): A. Demolition, exterior alteration or enlargement of structures or parking areas or construction of new buildings or parking areas in C-SU Zones shall be subject to strict review and approval by the Design Review Board and the Ithaca Landmarks Preservation Commission within their respective areas of responsibility. (See Subsection B below and §325-41, Design Review.) Proposals for demolition of structures within the C-SU Zone but outside designated City landmark districts shall nonetheless be referred to the Landmarks Preservation Commission, which shall make its recommendation of the Design Review Board before the latter takes final action. B. Demolition, exterior alteration or enlargement of structures or parking areas or construction of new buildings or parking areas in C-SU Zones shall be subject to design review as provided in § 325-41 of this chapter. In performing such review and recommending any modifications to proposed exterior work, the Design Review Board shall pay particular attention to the visual effect of such work on the character of the area and adjacent residential zones. In no case shall the Design Review Board take final action on a proposal for demolition within any part of the C-SU Zone which is not within a locally designated landmark district before receiving the recommendation of the Landmarks Preservation Commission on such proposal. Approval of proposed demolitions, alterations or new construction within the C-SU Zone by the Design Review Board or the Landmarks Preservation Commission, as applicable, shall be a prerequisite of approval of such proposals by the Building Commissioner and the Board of Zoning Appeals, as appropriate. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Finance/Controller’s Office – Approval of 2009 Single Audit Report – Resolution RESOLVED, That the Independent Auditor’s Report for the period January 1, 2009, through December 31, 2009, prepared by the accounting firm of Ciaschi, Dietershagen, Little and Mickelson & Company, LLP be accepted to comply with all the City’s applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. 10.2 Department of Public Works - Request for Funds for Purchase of Pay Stations - Resolution WHEREAS, the Department of Public Works has been using four Parkeon Pay and Display stations since March 2011 for a trial period in two downtown parking lots, and WHEREAS, these machines have worked extremely well during the trial period; are generating additional revenue due to the ability of credit card use; have provided reliable reporting data; and are user friendly, and WHEREAS, due to prior problems with Parkeon equipment used by the City, the manufacturer of the units has offered the machines at a deeply discounted price with warranties, and WHEREAS, based on the increased revenue generation, the payback period on the machines will be short, and WHEREAS, the estimated cost for all four Pay and Display units will be $28,500, and WHEREAS, the Capital Reserve for Parking Areas has a balance of $79,000, and is able to absorb the costs for these Pay and Display stations; now, therefore be it RESOLVED, That Common Council hereby approves the acquisition of up to four Pay and Display units at a cost not to exceed $28,500 from Capital Reserve For Parking Areas. 10.3 Department of Public Works - Intersection Bulb-outs on West Green & West Seneca Street - Resolution WHEREAS, a Project for the Intersection Bulb-outs on West Green & West Seneca Street, P.I.N. 375462 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design, and WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions, and WHEREAS, Common Council approved the above-subject project on March 2, 2011, in an amount of $36,000, and WHEREAS, the New York State Transportation Improvement Program has authorized an amount not to exceed $52,000 for this phase of the project; now, therefore, be it RESOLVED, That Common Council hereby re-approves the above-subject project, subject to further environmental review of construction; and it is further RESOLVED, That 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 Preliminary Engineering/Design work for the Project or portions thereof, and it is further RESOLVED, That an additional sum of $16,000 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 # 769, Intersection Bulb-outs on West Green & West Seneca Street, to increase the budget from $36,000 to $52,000, an increase of $16,000, 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 New York State Department of Transportation thereof, and it is further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of 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 20% of said portion, currently estimated at $10,400 of the $52,000 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. 10.4 Information Technology - Policy Regarding the Appropriate Use of Social Media - Resolution WHEREAS, the City of Ithaca recognizes that the use of electronic social media has become a primary form of communication for many people employed and served by the City, and WHEREAS, the availability of such social media poses new challenges and opportunities for the City, as an employer and otherwise, and WHEREAS, the City’s Senior Staff formed a work group to evaluate the need for a City policy on the use of social media by City employees, and to draft one if needed, and WHEREAS, the work group drafted a policy and submitted it to the Senior Staff for review; and WHEREAS, the Senior Staff reviewed the policy and agreed on the need for its adoption; now therefore be it RESOLVED, That Common Council hereby appreciates the work performed by the Senior Staff work group, and be it further RESOLVED, That Common Council hereby adopts the Policy Regarding the Appropriate Use of Social Media, dated June 3, 2011. Policy Regarding the Appropriate Use of Social Media City of Ithaca 6/3/11 Draft Purpose The City of Ithaca recognizes social media as a prominent communication resource for many people. The City supports the appropriate use of social media tools to reach a broad audience, and to further the goals and mission of the City. In addition to serving as a means of disseminating information, social media can facilitate the discussion about City issues, operations and services among members of the public, City staff and elected officials via the Internet. Social media tools include but are not limited to: - social media sites such as Facebook, MySpace, Bebo, Friendster - video and photo sharing websites such as Flickr, YouTube - micro-blogging sites such as Twitter - weblogs (commonly referred to as blogs) - forums and discussion boards such as Whirlpool, Yahoo Groups or Google Groups - online encyclopedias such as Wikipedia - any other website that allows individuals to use simple publishing tools. The City of Ithaca has an overriding interest and expectation in deciding what is posted on behalf of the City on social media sites. In that regard, this policy establishes rules and procedures for the use of social media by City staff and on City social media sites. General Rules 1. All City of Ithaca social media sites, e.g., the Ithaca Youth Bureau’s Facebook page and the GIAC Teen Program’s MySpace page, shall be approved by the respective Department Head and reported to the Director of Information Technology, and shall be published using social media platforms and tools approved by the City. 2. The Department of Information Technology will maintain a list of social media platforms and tools that are approved for use by City departments and staff. 3. The Department of Information Technology will maintain a list of all City of Ithaca social media sites reported to it. 4. The City of Ithaca’s website will remain the City’s primary Internet presence. Whenever possible, informational content posted to City of Ithaca social media sites also shall be posted on the City’s website. 5. All content published on City of Ithaca social media sites must comply with all City of Ithaca policies and standards, including, but not limited to: a. Sexual Harassment Policy b. Workplace Violence Prevention Policy c. Employee Standards of Conduct d. Anti-Discrimination Policy e. Code of Ethics f. Diversity Statement g. Electronic Mail Policy h. Policy Regarding the Appropriate Use of City Computer, Network and Phone Resources i. Information Technology security policies and procedures j. Departmental policies, rules, regulations, and operating procedures k. Other City policies. 6. Employees posting content or comments on City of Ithaca social media sites are required to identify themselves as City of Ithaca employees, and must conduct themselves at all times as representatives of the City and in accordance with all City policies. Employees are expected to be respectful of all individuals and communities with whom they interact online, and to be polite and respectful of others’ opinions, even in times of heated discussion and debate. 7. City policies, rules, regulations and standards of conduct apply to any employee who engages in social media activities of any type while conducting City business. Using one’s City e-mail address or City-issued equipment, communicating in one’s official capacity, or engaging in social media activities of any type during work time constitute conducting City business. 8. Department Heads may allow or disallow departmental employees to participate in social media sites as part of their job duties. 9. Employees are strictly prohibited from disclosing confidential or protected information by means of social media. 10. City of Ithaca social media sites are subject to New York State public records laws. Therefore, relevant City of Ithaca and New York State records retention schedules apply to social media content. Content required to be maintained pursuant to a relevant records retention schedule shall be maintained for the required retention period in a format that preserves the integrity of the original content and is easily accessible by using the approved City platforms and tools. 11. Laws and policies regarding access to information for public disclosure or for legal purposes apply to social media content; therefore, such content must be managed and stored in a manner that allows for the retrieval of it in order to comply with those laws and policies. 12. The City reserves the right to restrict or remove any content from its social media sites that it deems in violation of this policy, any other City policy, or any applicable law. 13. The City shall only use social media resources that allow the City to immediately edit or remove content from them. 14. The City shall not use social media platforms or tools in a manner that allows for non-moderated dialogue or non-reviewed postings. Procedures for Creating, Maintaining and Posting to Social Media Sites 1. Each City of Ithaca social media site shall include an introductory statement that clearly specifies the purpose and topical scope of the social media site. 2. Whenever possible, content posted to City of Ithaca social media sites shall contain links directing users back to the City’s official website for in-depth information, forms, documents and online services. 3. Content posted to social media sites shall be current, timely and accurate. 4. Users and visitors to any City of Ithaca social media site shall be notified that the intended purpose of the site is to serve as a mechanism for communication between City departments and members of the public. Articles and comments posted to City of Ithaca social media sites shall not contain any of the following forms of content: a. Comments not topically related to the particular site or article being commented upon; b. Profane language or content; c. Content that promotes, fosters, or perpetuates discrimination on the basis of age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight; d. Sexual content or links to sexual content; e. Solicitations for a commercial business or for personal gain; f. Conduct or encouragement of illegal activity; g. Information that may tend to compromise the safety or security of the public or public systems; or h. Content that violates a legal ownership interest of any other party. These guidelines shall be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date and identity of the person who posted the content when available. 5. All City of Ithaca social media sites shall clearly indicate they are maintained by the City of Ithaca and shall have City of Ithaca contact information prominently displayed. 6. All City of Ithaca authors and public commentators shall be clearly identified. Enrollment of public commentators shall require valid contact information including a legal name, street address, and email address. Anonymous postings shall not be allowed, nor shall the use of pseudonyms or screen names be allowed. 7. All moderators for City of Ithaca social media sites shall be trained regarding the terms of this policy, including their responsibilities to review content submitted for posting to ensure compliance with the policy. Furthermore, the moderators will be provided with guidelines about how to effectively fulfill the duties of this role. Enforcement Any City employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment. Any violation shall be reported to the user’s supervisor who will be responsible for deciding upon the appropriate discipline with guidance from the Human Resources Department. Within their respective departments, the department heads are responsible for the proper implementation of this policy and for monitoring the use of social media. 10.5. Human Resources - A Local Law to Delete Various Sections of the City of Ithaca Charter Regarding Employee Benefits Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The following Sections of the City Charter are hereby deleted in their entirety: §C-108. Illness or injury of police officers and firefighters incurred in the performance of duty. Payment of salary, wages and medical and hospital expenses of police officers and paid fire fighters shall be paid by the City of Ithaca in accordance with Article 10 of the General Municipal Law. §C-110 Vacations for certain employees. A. Definitions. The term "City employee" shall include all employees of the City except elected officials, members of the various City boards and commissions and seasonal, temporary or per-diem employees. B. Vacations. Vacation benefits for all City employees shall be granted and accumulated in accordance with the terms specified in formal agreements reached between City officials appointed as a negotiating committee §C-112. United Fund payroll deductions. The City Clerk of the City of Ithaca is hereby authorized to make weekly, semimonthly, monthly or annual deductions from the compensation of the employees of the City of Ithaca for the Tompkins County United Way purposes; provided, however, that deductions must be authorized, in writing, by the individual employee and the authorizations must be filed with the City Clerk. Section 2. The following Sections of the City Charter shall hereby be labeled as “Reserved”: §C-108. Reserved. §C-110. Reserved. §C-112. Reserved. Section 3. Severability. 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 4. Effective Date. This Local Law shall take effect after it is filed in the office of the Secretary of State. 10.6 A Resolution Authorizing the Issuance of $8,932,398 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for said City. 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 $8,932,398 bonds of said City pursuant to the provisions 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) Energy improvements to the Ithaca Area Wastewater Treatment Facility, in and for said City, including Cogeneration System replacement and upgrade, replacement of blowers and dissolved oxygen controls, digester replacement, secondary digester cover and offline gas storage, lighting upgrades, building envelope improvements, facility management system, heat recovery and ventilation system improvements, solar power generating system installation and boiler #2 system replacement, at a maximum estimated cost of $8,026,398. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $8,026,398 bonds of the $8,932,398 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 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; b) Studies for the investigation and remediation of the Ithaca Falls Overlook site, in and for said City, at a maximum estimated cost of $778,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $778,000 bonds of the $8,932,398 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 or other monies 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 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; c) Planning and design costs of the construction of bulb-outs extensions of curbs and sidewalks at the intersections of West Green and West Seneca Streets in said City, in and for said City, at a maximum estimated cost of $36,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $36,000 bonds of the $8,932,398 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 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; and d) Planning and design costs of the construction of a multi-use trail between Floral Avenue and the Flood Control Channel in said City, in and for said City, at a maximum estimated cost of $92,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $92,000 bonds of the $8,932,398 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 5 years, pursuant to subdivision 62(2nd) 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 $8,932,398, and the plan for the financing thereof is by the issuance of the $8,932,398 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 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. 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Resolution to Cornell University Administrators Regarding the Change in Status for the Africana Studies and Research Center WHEREAS, Cornell University is responsible for providing a world-class education for its students who come from places across this country and from around the globe, and WHEREAS, the founding of the Cornell’s Africana Studies and Research Center (ASRC) in 1969 was born from the proclaimed and generally agreed-upon terms of providing a safe intellectual, physical, and social space for Black students during a period of overt hostility towards the university’s students of color, and WHEREAS, the original institutional structure of ASRC as a cross-disciplinary and intercollegiate unit has been intentionally designed by the university administration to help it advance its unique intellectual, cultural, and scholar-activist goals, and WHEREAS, Cornell has had to make multiple adjustments in both its budget and operations in order to sustain itself and its mission through the turbulent economic times this country continues to face, and WHEREAS, the City of Ithaca Common Council recognizes the very difficult choices facing Cornell’s administration as it continues to deal with the current negative budget climate, and WHEREAS, while acknowledging that Cornell’s top administration, its Board of Trustees, and the City’s Mayor and Common Council are separate entities, Common Council also recognizes that decisions made by one body may have ramifications on areas of responsibility of the other, and WHEREAS, on December 1, 2010, the president and the provost of Cornell handed down a decision to significantly alter the institutional structure of the ASRC, transforming it from a stand- alone intercollegiate unit that reports directly to the Provost Office into a yet-to-be determined academic entity absorbed into an already established college at Cornell, and WHEREAS, members of ASRC’s faculty, students, and staff have said publicly that: they had no prior knowledge of this decision; that evidence points to disclosure to faculty elsewhere on the campus; that evidence suggests the initial decision-making process intentionally excluded ASRC’s members; and that they continue to request a meaningful dialogue with Cornell administrators, and WHEREAS, for over 42 years, and as this nation’s first such institution, ASRC’s unique intercollegiate status has stood as a model to other Africana ethnic studies programs across the nation and the globe yet it feels denied in having any meaningful say in its continued destiny, and WHEREAS, a part of that model has been the building of bridges and bonds during those 42 years between ASRC’s faculty, staff, and students with communities within the City of Ithaca, which has helped further enhance the names of both ASRC and Cornell across our local community, and WHEREAS, leaders in various parts of the local Ithaca community have requested a public, town-hall-style meeting as a way to help both sides come to a mutually beneficial agreement, and WHEREAS, Cornell’s administration has met with several groups in recent months to discuss the proposed realignment, limitations of the current structure, and the merits of the proposal for ASRC and other aspects of Cornell’s academic entities, and WHEREAS, people potentially affected by the proposed restructuring have asked to have input in the concept and not be limited to discussing how to implement the proposal, and WHEREAS, the stellar reputations of Cornell and many institutions within it, including ASRC, attract scores of people to the university and the City of Ithaca – be they students, their families, faculty, or staff – to “live, learn, work, play, create, and dream,” which stimulates our local economy repeatedly during any year, and WHEREAS, a number of said people decide whether to live in Ithaca year round, some permanently, based on their Cornell in Ithaca experience, and WHEREAS, Cornell has built a great reputation as a developer of leadership through empowerment and has stated that its restructuring would be done in collaboration with those directly involved in any change, and WHEREAS, the Office of Cornell Provost Ken Fuchs announced on June 2, 2011, that the administration would move forward with implementing its plan to move ASRC, administratively, under the College of Arts and Sciences; now, therefore be it RESOLVED, That the City of Ithaca Common Council respectfully requests that the top administration of Cornell University consider all of the implications in its proposed re-alignment of the Africana and Research Studies Center, and be it further RESOLVED, That despite the decision to move ahead with implementation, Common Council still encourages Cornell’s administration to reconsider moving forward in July with the restructuring of ASRC and, in the interim, respectfully requests that administrators engage members of the Cornell community, particularly those poised to be most affected – such as the faculty, staff and students at ASRC – in meaningful, transparent and productive dialogue that can lead to a mutually agreed upon decision in contemplation of the restructuring effort, and be it further RESOLVED, That a copy of this resolution be sent to Cornell University President David J. Skorton, Provost W. Kent Fuchs, ASRC Director Robert L. Harris Jr., and the members of Cornell’s Board of Trustees. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Ithaca Youth Bureau Board – Resolution RESOLVED, That Allison M. Lewis be appointed to the Ithaca Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2012.