HomeMy WebLinkAbout07-07-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, July 7, 2010, 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” to establish a new R-3aa Zoning
District.
***Please Note: This proposal will not be voted on until the August 4, 2010
Common Council meeting.
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works - Request to Amend Personnel Roster - Resolution
8.2 Request to Amend 2010 Budget for Sale of Equipment - Resolution
8.3 Finance/Controller’s Office - Request to Approve Civil Service Agreement for the
Year 2010-2011 - Resolution
9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Selection of a Preferred Site for the Location of a Sediment Management Facility
– Resolution
10. CITY ADMINISTRATION COMMITTEE:
10.1 DPW – Request to Amend Capital Projects #743, #519 (Water) and #619
(Sewer) Columbia Street Pedestrian Bridge Improvements - Resolution
10.2. IURA - Fund Add/Alt Energy Efficiency Upgrade for Southside Community
Center Gym Air Conditioning Project - Resolution
10.3 Attorney’s Office - Authorization of $25,000 Expenditure from Capital Project
#292 Watershed Land Acquisition – Resolution
Common Council Agenda
July 7, 2010
Page 2
10. CITY ADMINISTRATION COMMITTEE - Continued:
10.4 A Resolution Authorizing a Grant Submission for Park Development under the
Environmental Protection Act and Land and Water Conservation Fund, for the
Design and Construction of the Stewart Park Performance Pier - Resolution
10.5 A Resolution Authorizing the Issuance of an Additional $650,000 Bonds of the
City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of
Stormwater Site Improvements at Water and Sewer Facilities, in and for said City
10.6 A Resolution Authorizing the Issuance of an Additional $59,774 Bonds of the City
of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Slope
Stabilization on the Southeast Side of the Spencer Street Traffic Circle, in and for
said City.
10.7 A Resolution Authorizing the Issuance of $670,000 Additional Serial Bonds of the
City of Ithaca, Tompkins County, New York to Pay the Additional Cost of the
Reconstruction of the Columbia Street Pedestrian Bridge, in and for said City.
10.8. Controller’s Report
10.9 Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
12.1 Request of Downtown Ithaca Alliance to Permit Wine Tasting at the WITH Public
Radio Remote Live Broadcast - Resolution
12.2 P & C Redevelopment – Common Council Endorsement to the Tompkins County
Industrial Development Agency of the Proposed Redevelopment of the former
P & C Plaza located at 210 Hancock Street, to Include Approximately 15,000
Square Foot Full-Service, Neighborhood Grocery Store – Resolution (resolution
to be distributed under separate cover)
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Appointment of Assistant City Attorney – Resolution
14.2 Re-appointments to Disability Advisory Council - Resolution
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
Common Council Agenda
July 7, 2010
Page 3
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the June 2, 2010 Regular 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 2, 2010
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Department of Public Works - Request to Amend Personnel Roster -
Resolution
WHEREAS, the Acting Assistant Superintendent of Public Works is preparing for the
retirement of the Motor Equipment Maintenance Supervisor in January 2011 and is
planning for a smooth transition through a more appropriate distribution of the work load
of that position’s present responsibilities, as well as through sufficient training of the
person who will assume the position, and
WHEREAS, staff is proposing that: 1) a Motor Equipment Mechanic Supervisor position
be added to the day shift; 2) that this position be filled through a promotion; 3) that a
Motor Equipment Mechanic position be dropped after the probationary period for the
Motor Equipment Mechanic Supervisor position, and
WHEREAS, this approach will allow for the appropriate training of the new Motor
Equipment Maintenance Supervisor under the supervision of the present supervisor
who has held the position for 12 years, and
WHEREAS, staff has found funding within the Streets & Facilities budget to cover the
additional costs for this transition; now, therefore, be it
RESOLVED, That the Motor Equipment Mechanic Supervisor position be added to the
DPW Streets & Facilities Roster and that a Motor Equipment Mechanic position be
dropped from the roster once the successful candidate has become permanent, and be
it further
RESOLVED, That the additional funding required for these changes come from the
existing Streets and Facilities budget.
8.2 Request to Amend 2010 Budget for Sale of Equipment - Resolution
WHEREAS, the Department of Public Works (DPW) Parks and Forestry Division
recently sold a tractor and a vehicle at auction for $10,710, and
WHEREAS, the DPW would like to use the funds to purchase a replacement tractor for
the Parks Division in the near future, and
WHEREAS, these funds were unanticipated in the 2010 budget; now, therefore be it
RESOLVED, That Common Council hereby amends the 2010 Authorized DPW Budget
as follows for the purchase of a replacement tractor in the Parks Division:
Increase Revenue Account
A7111-2665 Parks Sale of Equipment $10,710
Increase Appropriation Account
A7111-5225 Parks Other Equipment $10,710
8.3. Finance/Controller’s Office - Request to Approve Civil Service Agreement
for the Year 2010-2011 - Resolution
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an
agreement between the City of Ithaca and Ithaca City School District for performance of
services by the City in connection with Civil Service matters for the period July 1, 2010
to June 30, 2011 in the amount of $50,355 payable to the City of Ithaca on or before
November 1, 2010.
9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Selection of a Preferred Site for the Location of a Sediment Management
Facility – Resolution
WHEREAS, on June 9, 2006, Common Council authorized the filing of an application for
funds from the New York State Department of State Environmental Protection Fund’s
Local Waterfront Revitalization Program in accordance with the provisions of Title 11 of
the Environmental Protection Act of 1993 in an amount not to exceed $133,178.00, or
50% of the original estimated project costs for the Planning and Design phases of the
project to dredge the lower reaches of Cayuga Inlet, the Flood Control Channel, Fall
Creek, Cascadilla Creek, and Six Mile Creek, and
WHEREAS, in fall 2006 the City was awarded the grant funds, and
WHEREAS, in January 2007 the City, issued a Request for Proposals for project
planning and design and selected Ecologic L.L.C. (lead) with ERM (subcontractor), and,
WHEREAS, the main objective of the planning phase was the identification of a
preferred alternative for the location of a sediment management facility, which required
conducting a site reconnaissance of the project area and potential dewatering sites, and
WHEREAS, work on the site reconnaissance was guided by the Dredging Project
Advisory Committee (DPAC), which met four times between April 2007 and March
2010, and by the agencies involved in the project; NYSDEC, US Army Corps of
Engineers, and NYS Canal Corporation, and
WHEREAS, the consultant, working in coordination with city staff completed a Draft Site
Reconnaissance Report which compiled existing conditions of the project area and
potential sites, including, land use, zoning, ownership and natural and cultural resources
in the project area, sediment testing and analysis results, current channel profiles
derived from 2008 bathymetry, user surveys, an economic analysis of the waterway, a
legal analysis of site constraints and a matrix of all potential dewatering sites, and
WHEREAS, the Draft Site Reconnaissance Report was reviewed by the agencies
involved in the project and amended based on their comments and recommendations,
and
WHEREAS, in March of 2010 the Draft Site Reconnaissance Report was distributed to
the members of DPAC, Common Council and the Board of Public Works of Public
Works and made available to the public, and the report was presented by the consultant
and city staff to the three groups and at a public meeting, and
WHEREAS, Members of the DPAC have submitted individual statements regarding
their preference and rational for a preferred alternative for the location of a sediment
management facility site based on the Draft Site Reconnaissance Report, and those
statements have been compiled and distributed to the Board of Public Works of Public
Works and Common Council, and
WHEREAS, the Board of Public Works and Common Council understand the
responsibilities of the agencies in the dredging project to be as follows:
United States Army Corps of Engineers (ACOE): The ACOE constructed the
Flood Control Channel (designated as the stream segment extending from the
outlet at Cayuga Lake south to the end of the channel) and associated levee
system. The ACOE periodically (usually annually) participates in joint inspections
of the Federal risk management project with the sponsor (NYSDEC) to evaluate
overall project conditions and the adequacy of their operation and maintenance
efforts. An inspection rating of “Minimally Acceptable” or better is necessary for
the project to remain active in the ACOE Rehabilitation and Inspection Program
(RIP). Projects that remain active in the RIP may be eligible for Federal
assistance if they are damaged by a major storm or flood event. Projects that are
inactive are ineligible for such assistance. Risks associated with project
deficiencies are communicated by ACOE to project stakeholders. ACOE may
provide emergency operations assistance prior to or during a flood event,
whether a project is active or inactive.
New York State Department of Environmental Conservation (NYSDEC).
Responsibility for maintenance of the flood control portion of the waterways was
conveyed to New York State upon completion, through the NYSDEC. NYSDEC
is responsible on behalf of the State of New York for all dredging necessary for
flood control.
New York State Canal Corporation The Canal Corporation is responsible for
maintaining a navigation channel in Cayuga Inlet from the Buffalo St. Bridge to
the lighthouse.
City of Ithaca The City has responsibility for “ordinary maintenance” of the Flood
Control Channel, which has included mowing, brush removal and other work
along the banks of the channel, and
WHEREAS, on March 31, 2010, at a joint meeting of Common Council and the Board of
Public Works of Public Works, it was decided by mutual agreement that the Board of
Public Works would undertake the task of selecting a preferred site, and that at the
completion of this process, would submit their preferred site to Common Council for final
approval, and
WHEREAS, the Board of Public Works has completed an analysis of the potential sites
which has included review of the Draft Site Reconnaissance Report, undertaken site
visits to the former southwest park and to the sediment management facility in Montour
Falls, and participated in discussions with city staff and consultants, and
WHEREAS, Common Council understands that selection of the preferred alternative
allows the next phase of the project to commence. This phase will include
environmental review (likely an Environmental Impact Statement) of the preferred
alternative as well as design, permitting and construction of the facility. Clarification
regarding legal, financial, schedule, management, and other arrangements between the
City and NYSDEC (and, to a lesser extent NYS Canal Corporation) will also be part of
the next phase, and
WHEREAS, Common Council and the members of the Board of Public Works have
taken into consideration the following criteria when deciding on a preferred alternative
for the City’s Sediment Management Facility: adequate acreage to service the initial
dredging event, as well as future long term maintenance dredging needs; accessibility
and proximity of the site to the Cayuga Inlet, Flood Control Channel and creeks;
ownership of land; technical feasibility and feasibility in regards to acquiring permits and
approvals, and acceptability to the public, and
WHEREAS, the Board of Public Works has selected the Southwest area (see seven (7)
sites listed in Table 14 of the Decision Matrix) as their recommended preferred
alternative for the location of a Sediment Management Facility and has requested that
Common Council confirm this selection by vote prior to the City undertaking
environmental review, project design, and coordination with state agencies, now
therefore be it
RESOLVED, That Common Council concurs with the recommendation of the Board of
Public Works and selects the Southwest area as the preferred alternative for the
location of a Sediment Management Facility, and be it further
RESOLVED, That if the involved agencies, with cooperation from the City, cannot
resolve any potential issues on the site, or if any issues arise during the course of the
next phase of the project that cannot be resolved, a reevaluation of the other upland
sites for a sediment management facility will be necessary.
10. CITY ADMINISTRATION COMMITTEE:
10.1 DPW – Request to Amend Capital Projects #743, #519 (Water) and #619
(Sewer) Columbia Street Pedestrian Bridge Improvements - Resolution
WHEREAS, bids were received for Columbia Street Pedestrian Bridge Rehabilitation
Project on May 25, 2010, and
WHEREAS, the total current project budget authorization of $1,727,628 (composed of
$180,000 from General Fund, $370,000 from Water & Sewer Funds, $1,077,628 from
Federal ARRA Fund and $100,000 from Cornell University Transportation Fund) was
based upon the engineer’s pre-bid estimate of $1,959,060 (composed of $222,000 for
design, $144,000 for Construction Support and Construction Inspection, $1,523,059.91
for Construction, and $70,000 for Contingency and Short Term Borrowing Expense),
and
WHEREAS, R. DeVincentis Construction Inc. submitted the low bid for the Columbia
Street Pedestrian Bridge Rehabilitation Project in the amount of $1,943,000, and
WHEREAS, the amended project budget is projected to be $2,397,628 (composed of
$222,000 for design, $1,943,000 for construction, $144,000 for construction support and
$88,628 for Contingency and Short Term Borrowing), and
WHEREAS, the City of Ithaca Board of Public Works recommends that the Common
Council increase the total project budget authorizations for the Columbia Street
Pedestrian Bridge Rehabilitation Project in the amount of $670,000, and
WHEREAS, the cost differences are outlined as follows:
Authorization General Fund
CP# 743
Water
CP# 519
Sewer
CP# 619
Total
Current $180,000 $185,000 $185,000 $550,000
Proposed $403,000 $243,000 $574,000 $1,220,000
Increase $223,000 $58,000 $389,000 $670,000
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council amends the Capital Project
budget authorizations for the Columbia Street Pedestrian Bridge Rehabilitation Project,
Capital Projects #743, #519 and #619, by the sum of $670,000, for a total project
authorization of $2,397,628, and be it further
RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and
that the Superintendent of Public Works be and hereby is authorized to administer the
same, once the necessary funding is in place for this $2,400,000 project, and be it
further
RESOLVED, That the additional funds of the $670,000 shall be derived from the
issuance of Bonds.
10.2. IURA - Fund Add/Alt Energy Efficiency Upgrade for Southside Community
Center Gym Air Conditioning Project - Resolution
WHEREAS, the Ithaca Urban Renewal Agency (IURA) is implementing a 2007
Community Development Block Grant (CDBG) project to install air conditioning in the
Southside Community Center Gym, and
WHEREAS, the project was bid out seeking a base bid and included an Add Alternative
for upgraded controls to improve energy efficiency, and
WHEREAS, at the bid opening on June 8, 2010, a low base bid of $61,661 was
received on the project, and
WHEREAS, the low bidder priced the Add Alternative at $3,598 to include differential
demand controlled ventilation sensors (DCV sensors), and
WHEREAS, the base bid project budget, without the Add Alternative, totals $68,961 as
followings:
$61,661 construction contract base-bid
$1,500 architect/commissioning
$2,000 owner’s representative (City Engineering Dept.)
$100 printing
$3,700 construction contingency (6%)
$68,961 Total
, and
WHEREAS, the IURA has $69,056.82 available to fund the project, an amount
insufficient to fund the Add Alternative, and
WHEREAS, the mechanical engineer who developed the bid package recommends
inclusion of the upgraded control system that will save energy costs in cooling zones
with sporadic occupancy, and
WHEREAS, NYSERDA prequalifies the inclusion of DCV sensors in newly installed air
conditioning control systems in municipal buildings for a financial incentive, and
WHEREAS, City Engineering staff estimates that the DCV sensors will have a payback
of less than two years in this application, and
WHEREAS, Capital Reserve #24 - Energy Program Improvements - was established to
fund energy efficiency improvements such as the DCV sensors and has an unobligated
balance of $55,000; now, therefore be it
RESOLVED, That the Common Council hereby authorizes the expenditure of funds in
the amount not to exceed $5,000 from Capital Reserve #24 Energy Program
Improvements for the purpose of upgrading controls on the Southside Community
Center Gym Air Conditioning project to include Demand Control Ventilation sensors that
will improve energy efficiency, and be it further
RESOLVED, That the City Controller is hereby authorized to implement this resolution.
10.3 Attorney’s Office - Authorization of $25,000 Expenditure from Capital Project
#292 Watershed Land Acquisition - Resolution
WHEREAS, the City of Ithaca relies upon Six Mile Creek as its drinking water source; and
WHEREAS, the City recently decided to rebuild its water filtration system at Six Mile Creek,
which decision commits the City to continued reliance upon that source for decades to come;
and
WHEREAS, more than 20 years ago the City established a capital account for “watershed
protection,” which account has been utilized on several occasions to purchase land in the
vicinity of Six Mile Creek (mainly within the Town of Ithaca), in some instances for water quality
purposes (i.e., upstream of the 60-foot-dam) and in some instances to protect the recreational
and/or ecological value of the land (i.e., downstream of the dam), and which account has been
replenished from time to time after such expenditures; and
WHEREAS, said Capital Project #292 Watershed Land Acquisition currently contains $120,000;
and
WHEREAS, the Finger Lakes Land Trust seeks to purchase a 170-acre parcel of land that
borders on the headwaters area of Six Mile Creek (with 6,000 feet of creek frontage and
numerous springs that feed the creek), in the Town of Dryden, in order to provide permanent
protection of the land from development, and to make parts of it available for public visitation
and appreciation; and
WHEREAS, the Land Trust has requested modest financial support for this acquisition from
Tompkins County, the Town of Dryden and the City of Ithaca; and
WHEREAS, City residents will reap tangible benefits from the protection of the property in
question, with regard to water quality and the availability of additional land for low-impact
recreation; now therefore be it
RESOLVED, That the City of Ithaca Common Council hereby supports the efforts of the Finger
Lakes Land Trust to acquire and protect the Berntsson property on Irish Settlement Road in the
Town of Dryden (tax map parcel 63-1-18); and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is authorized
to execute a memorandum of understanding between the City and the Land Trust, setting forth
the type of protection and benefits to the City to be provided by the Land Trust, with regard to
this property, and the use of any funds made available by the City; and be it further
RESOLVED, That upon the execution of said memorandum, the allocation of $25,000 from
Capital Project #292 Watershed Land Acquisition is hereby authorized, which sum shall be
provided to the Land Trust for the sole purpose of supporting the acquisition of said property.
10.4 A Resolution Authorizing a Grant Submission for Park Development under
the Environmental Protection Act and Land and Water Conservation Fund, for the
Design and Construction of the Stewart Park Performance Pier
WHEREAS, the New York State Department of State has announced the availability of
grant funding for Parks Development under the Environmental Protection Act and Land
and Water Conservation Fund, and
WHEREAS, Common Council desires to submit an application for the design and
construction of a performance pier and trail head plaza at Stewart Park, and
WHEREAS, This project furthers the City’s goal of providing improved waterfront access
to all citizens and visitors, including children and those with mobility impairment and
WHEREAS, The project implements the Cayuga Lake Waterfront Revitalization Plan,
furthers progress on the Cayuga Waterfront Trail, a six mile multi-use loop that connects
all significant attractions and interprets historic resources along Ithaca’s waterfront, is
listed as a “Key Park Rehabilitation Project” in the Stewart Park Rehabilitation Action
Plan, and restores meaning to a site around the pavilions that have lost their historic
function for gathering, performance and viewing Cayuga Lake, now, therefore, be it
RESOLVED, That Carolyn Peterson, as Mayor for the City of Ithaca, is hereby
authorized and directed to file an application for funds from the New York State Office of
Parks, Recreation and Historic Preservation in accordance with the provisions of Title
11 of the Environmental Protection Act of 1993 in an amount not to exceed $240,000 for
a total project cost of $320,000.00 and upon approval of said request to enter into and
execute a project agreement with the State for such financial assistance to the City of
Ithaca to design and construct a performance pier at Stewart Park, and be it further
RESOLVED, That the 25 % local share of this grant application will be derived from in-
kind services and community contributions through the Cayuga Waterfront Trail Initiative
and the Chamber of Commerce and no City funds will be expended.
10.5 A Resolution Authorizing the Issuance of an Additional $650,000 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of
Stormwater Site Improvements at Water and Sewer Facilities, in and for said City
WHEREAS, all conditions precedent to the financing of the capital project 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 additional bonds for the financing thereof,
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 class of objects or purposes of paying part of the cost of
stormwater site improvements at water and sewer facilities, including survey work,
installation of catch basins, fence replacement, repavement of site parking and stock
yard, and incidental improvements and expenses, in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued an additional
$650,000 bonds pursuant to the provisions of the Local Finance Law. Said class of
objects or purposes is hereby authorized at the new maximum estimated cost of
$910,000.
Section 2. The plan for the financing of such $910,000 maximum estimated cost is as
follows:
a) By the issuance of the $260,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated December 5, 2007; and
b) By the issuance of the additional $650,000 bonds of said City herein authorized.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of
paragraph a of Section 11.00 of the Local Finance Law, computed from January 17,
2008, the date of the first bond anticipation note issued therefor.
Section 4. 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 5. 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 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. 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, including, but
not limited to, the power to sell said serial bonds to the New York State Environmental
Facilities Corporation, 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 8. 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 9. 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 10. This resolution, which takes effect immediately, shall be published in full or
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.
10.6 A Resolution Authorizing the Issuance of an Additional $59,774 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Slope
Stabilization on the Southeast Side of the Spencer Street Traffic Circle, in and for
said City.
WHEREAS, all conditions precedent to the financing of the capital project 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 additional bonds for the financing thereof,
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 specific object or purpose of paying part of the cost of slope
stabilization on the southeast side of the Spencer Street traffic circle to prevent slope
failure, including incidental improvements and expenses, in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued an additional
$59,774 bonds pursuant to the provisions of the Local Finance Law. Said specific
object or purpose is hereby authorized at the new maximum estimated cost of
$345,774.
Section 2. The plan for the financing of such $345,774 maximum estimated cost is as
follows:
a) By the issuance of the $286,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated December 3, 2008; and
b) By the issuance of the additional $59,774 bonds of said City herein authorized.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is five years, pursuant to subdivision 35 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4. 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 5. 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 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. 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 8. 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 9. 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 10. This resolution, which takes effect immediately, shall be published in full or
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.
10.7 A Resolution Authorizing the Issuance of $670,000 Additional Serial Bonds
of the City of Ithaca, Tompkins County, New York to Pay the Additional Cost of
the Reconstruction of the Columbia Street Pedestrian Bridge, in and for said City.
WHEREAS, all conditions precedent to the financing of the capital improvement
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 additional bonds for the financing thereof,
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 purpose of paying additional cost of reconstruction of the
Columbia Street Pedestrian Bridge, in and for the City of Ithaca, Tompkins County, New
York, including incidental improvements and expenses in connection therewith, there
are hereby authorized to be issued $670,000 additional bonds of said City, pursuant to
the provisions of the Local Finance Law, 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.
Section 2. The maximum estimated cost of said specific object or purpose is now
determined to be $2,397,628 and the plan for the financing thereof is as follows:
a) $1,447,628 bond previously authorized pursuant to a bond resolution dated and
duly adopted on December 2, 2009;
b) $670,000 additional bonds herein authorized; and
c) $100,000 monies of said City to be received from Cornell University and hereby
appropriated therefor.
d) $180,000 monies from Capital Reserve Fund for bridge construction hereby
appropriated therefor.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 20 years, pursuant to subdivision 92, based upon
subdivisions 1, 4 and 10 of paragraph a of Section 11.00 of the Local Finance Law,
computed from June 15, 2010, the date of the first bond anticipation note issued
therefor.
Section 4. 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 5. 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 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. 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 8. 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 9. 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 10. This resolution, which takes effect immediately, shall be published in full or
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.
10.8 City Controller’s Report
10.9 Possible Motion to Enter Into Executive Session to Discuss Labor
Negotiations - Resolution
12. NEW BUSINESS:
12.1 Request of Downtown Ithaca Alliance to Permit Wine Tasting at the WITH
Public Radio Remote Live Broadcast - Resolution
WHEREAS, the Downtown Ithaca Alliance has requested permission for local wine (and
cheese) tastings as part of the Downtown Ithaca Alliance/WITH Public Radio Remote
live broadcast that will focus on what to do, see, and taste in Ithaca and Tompkins
County on the Commons, July 9, 2010; now, therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine
tastings at a “King Ferry Winery - Maker of Trelevan Wines” booth during the Downtown
Ithaca Alliance/WITH Public Radio remote live broadcast on the Ithaca Commons on
July 9, 2010, and, be it further
RESOLVED, That the Downtown Ithaca Alliance and “King Ferry Winery - Maker of
Trelevan Wines” shall comply with all applicable state and local laws and ordinances,
and shall enter into an agreement providing that it will hold the City harmless and
indemnify the City on account of any claims made as the result of the sale or tasting of
wine on the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the “King Ferry Winery - Maker of
Trelevan Wines” shall agree to maintain liability insurance in the amount of
$1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00
naming the City of Ithaca as an additional insured, and shall provide evidence of such
insurance to the City Clerk prior to the event.
14. MAYOR’S APPOINTMENTS:
14.1 Appointment of Assistant City Attorney – Resolution
RESOLVED, That Patricia O'Rourke be and hereby is appointed to the position of
Assistant City Attorney, at the 2010 Management Compensation Plan salary of $70,915,
effective August 2, 2010.
14.2 Reappointments to Disability Advisory Council – Resolution
RESOLVED, That Erin Sember be reappointed to the Disability Advisory Council with a
term to expire June 30, 2013, and be it further
RESOLVED, That David McElrath be reappointed to the Disability Advisory Council with
a term to expire June 30, 2013, and be it further
RESOLVED, That Jason Anderson be reappointed to the Disability Advisory Council
with a term to expire June 30, 2013.