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 Expansion
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 No If no, describe briefly:
9. What is present land use in vicinity of project:
Residential Industrial Agricultural Parkland/Open Space
Commercial Other ___________
10. Does action involve a permit/approval or funding, now or ultimately, from
governmental agency (federal/state/local): 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?
Yes No
If yes, list agency name and permit/approval type:
12. As a result of proposed action, will existing permit/approval require
modification?
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 Expansion
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 No If no, describe briefly:
9. What is present land use in vicinity of project:
Residential Industrial 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): 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?
Yes No
If yes, list agency name and permit/approval type:
12. As a result of proposed action, will existing permit/approval require
modification?
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 Expansion
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 No If no, describe briefly:
9. What is present land use in vicinity of project:
Residential Industrial 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): 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?
Yes No
If yes, list agency name and permit/approval type:
12. As a result of proposed action, will existing permit/approval require
modification?
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.