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HomeMy WebLinkAboutMN-CC-1982-01-06t • COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 385 Regular Meeting 7:30 P.M. January 6, 1982 PRESENT: Mayor - Shaw Aldermen (10) - Banfield, Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Myers, Schlather, Schuler OTHERS PRESENT: City Controller - Spano Dep. City Controller - Cafferillo Personnel Administrator - Collins Supt. of Public Works - Kinsella Asst. to Supt. of P.W. - Dougherty Director, Youth Bureau - Cutia Building Commissioner - Hoard Director, Planning $ Development - Fire Chief - Tuckerman Police Chief - Herson City Chamberlain - Wright Board of Representatives - Stuart City Clerk - Ru,�polg,_ dMi - ) PLEDGE OF LLEGIANCE: Mayor Shaw led all present in the flag. Van Cort Stein Pledge of Allegiance to the American MINUTES: By Alderman Dennis: Seconded by Alderman Banfield RESOLVED, That the Minutes of the December 22, 1981 meeting be approved as recorded by the Clerk, with the following correction of quotation of Noel Desch, Town of Ithaca Supervisor: page 5, para. 2, line 8 of quotation: Doris Brown should 'read LucyBBro�wn. Carrie Unanimously nanimously ADDITIONS TO THE AGENDA: Budget and Administration Committee Al erman Holman requested the addition of Item N, Federal Section 18, Program Operating Assistance. No Council member objected. COMMUNICATIONS: Letter from Dr. Robert W. Baker Mayor Shaw read the following communication from Dr. Robert W. Baker., dated December 18, 1981: "Officials of the City of Ithaca: We were among the many people in the Tioga -Sears Street area who were again seriously damaged by flooding. This is the third time since 1972 that we have suffered serious financial loss due to the same problem. The old Tioga Street bridge was not designed to allow the necessary flow of water and debris during heavy run off. The creek bed has • filled up over the years thus increasing the problem. The reason for the flooding is that the bridge is inadequate. The Tioga Street bridge must not be just repaired, it must be elevated. The span of the Tioga Street bridge is extremely short and structurally presents little problem for the two -lane traffic flow. The bridge is hardly one car length in span and it would be virtually impossible to load it beyond the weight of two cars. Because of the limited load and short span, the support steel can be of minimum depth thus yielding maximum water clearance. Certainly there could hardly be a smaller, less complicated bridge to replace. 386 -2- January 6, 1982 The proper replacement of this bridge and cleaning of the creek bed is necessary to protect the assessed valuation throughout the area. It would seem counter - productive to fail to replace the bridge. Dead - ending a major North -South downtown street would add to the traffic and parking problems for many blocks throughout the area. We own a large number of rental properties on Tioga and Sears Streets. All of them were seriously damaged by the floods. The Tioga Building sustained the greatest loss. I would be happy to meet with any of the committees or boards working® on the Tioga Street bridge problem to share our experiences and detail our problems. Thank you for your consideration. Cordially, Robert W. Baker, DDS, MS" Mayor Shaw commented that the above communication had been received by both the Budget and Administration Committee and by the liaison to the Board of Public Works, and he expressed the hope that the liaison would refer it to the Board of Public Works. New York State Conference of Mayors Mayor Shaw referred to a communication from the New York State Conference of Mayors and Municipal Officials, and suggested that it might be brought up later in the meeting under NEW BUSINESS. Recognition of Tompkins Count Board of Representatives Member Mayor Shaw recognized the Hon. Stuart Stein, newly-elected Third Ward city representative to the Tompkins County Board of Representatives. MAYOR'S APPOINTMENTS: Standing Committees of the Council Mayor Shaw made the following appointments to the Standing Committees of the Council for 1982: Budget and Administration D1rs. Elva Holman, Chair Mr. David Banfield, Vice Chair Mr. Raymond Schlather Mr. Robert Holdsworth Mr. James Dennis Planning and Development Mr. James Dennis, Chair Mr. Robert Holdsworth, Vice Chair Mr. Sean Killeen Mrs. Nancy Schuler Mr. William Myers Charter and Ordinance Human Services Mr. Raymond c lat er, Chair Mr. David Banfield, Chair Mrs. Elva Holman, Vice Chair Mrs. Nancy Schuler, Vice Chair Mr. Daniel Hoffman Mrs. Elva Holman Mr. William Myers Mr. Daniel Hoffman Mrs. Margo Clynes Mr. Sean Killeen Mayor Shaw commented that, pending further discussions with members of Council, he will hold appointment of the Intergovernmental Committee in abeyance. Liaison Responsibilities Board Of Public Works D. Banfield Human Services Coalition E. Holman Ithaca Energy Committee E. Holman Recycling Task Force D. Hoffman City Youth Board S. Killeen Circle Greenway M. Clynes Conservation Advisory Council D. Hoffman Planning $ Dev. Board R. Holdsworth Ithaca Landmarks Pres. Comm. J. Dennis So. Tier E. Reg. Pl. Bd. W. Shaw GIAC Board R. Schlather Tompkins Co. EOC W. Myers Commons Advisory Board N. Schuler -3- January 6, 19807 GIAC (Greater Ithaca Activities Center) Board Mayor Shaw requested a resolution supporting appointment of Sandra Washington, 238 West Village, to the GIAC Board for a term of office to expire December 31, 1983. Resolution By Alderman Banfield: Seconded by Alderman Schlather RESOLVED, That this Council supports the appointment of Sandra Washington, 238 West Village, to the GIAC Board for a term of office to expire December 31, 1983. Carried Unanimously ® Ms. Washington took the oath of office and was sworn in by the City Clerk. Commons Advisory oard Robin Fisher Cisne, who was previously appointed to the Commons Advisory Board for a term of office to expire December 31, 1983, came to the rostrum, took the oath of office and was sworn in by the City Clerk. Board of Zoning Appeals_ (y) Mayor Shaw requested a resolution supporting appointment of Mrs. Donna Ward, 517 Warren Place, to the Board of Zoning Appeals for a N term of office to expire December 31, 1984. Resolution Q By Ammerman Schlather: Seconded by Alderman Holdsworth RESOLVED, That this Council supports the appointment of Mrs. Donna Ward, 517 Warren Place, to the Board of Zoning Appeals for a term of office to expire December 31, 1984. Carried Unanimously Design Review Board Mayor Shaw requested a resolution supporting appointment of Steven ® Kearl, 3 Upper Creek Road, Etna, N.Y., representing an allied design profession, to t$e Design Review Board for a term of office to expire December 31, 1984. Resolution By Alderman Banfield: Seconded by Alderman Schlather RESOLVED, That this Council supports the appointment of Steven Kearl, 3 Upper Creek Road, Etna, N.Y., to the Design Review Board for a term of office to expire December 31, 1984. Carried Unanimously Ithaca Landmarks Preservation Commission Mayor Shaw requested a resolution supporting appointment of Barclay Jones, 502 Turner Place, to the Ithaca Landmarks Preservation Commission for a term of office to expire December 31, 1984. Mr. Jones will be a representative with professional expertise in archi- tecture, city planning and conservation in general. Resolution By Alderman Holman: Seconded by Alderman Killeen RESOLVED, That this Council supports the appointment of Barclay Jones, 502 Turner Place, to the Ithaca Landmarks Preservation Commission for a term of office to expire December 31, 1984. Carried Unanimously Commons Advisory Board Mayor Shaw requested a resolution supporting reappointment of Thomas Hilton, 222 East State Street, to the Commons Advisory Board for a term of office to expire December 31, 1983, as a representative of the Tax Benefit District. Resolution By Ammerman Holman: Seconded by Alderman Holdsworth RESOLVED, That this Council supports the reappointment of Thomas Hilton, 222 East State Street, to the Commons Advisory Board for a term of office to expire December 31, 1983. Carried Unanimously 388 -4- January 6, 1982 Planning and Development Board Mayor Shaw requested a resolution supporting reappointment of Ms. Susan Cummings, 214 Fayette Street, to the Planning and Development Board for a term of office to expire December 31, 1983, to fill the remaining term of the position vacated by newly- elected First Ward Alderman Raymond Schlather who resigned. Resolution By Alderman Holman: Seconded by Alderman Schlather RESOLVED, That this Council supports the reappointment of Ms. Susan • Cummings, 214 Fayette Street, to the Planning and Development Board for a term of office to expire December 31, 1983. Curried Unanimously CITY CLERK'S REPORT: City Clerk Rundle informed the Council that parking stickers are available in his office to park in the Green Street ramp or Parking Lot D when they are in City Hall on official business. He also informed them that his office is in the process of retrieving and updating copies of the Municipal Code for their use. CITY ATTORNEY'S REPORT: City Attorney Tavelli informed the Council that he will be in City Hall during the afternoons of Monday, Wednesday and Friday from 1:30 to 4:30 p.m., or he may be called at his law office other times. City Attorney Tavelli reported that three cases had been turned over to him: Cornell Heights Zoning Case, in which the court upheld the Board of Zoning Appeals' decision; an action started this week by the Tompkins County Chamber of Commerce (Article 78) as a result of denial of their request for a variance on West Court Street, which will go to court on January 28; and the problem of the Department of Public Works Realignment which appeared at the December 22, 1981 meeting of the Common Council.. After reviewing the problem, City Attorney Tavelli recommended that the resolution did not pass as it simply did not have enough votes. Section 310 of the Charter requireW a majority of the total council to pass a resolution; Section 41 of the General Construction Law appears to take precedent over any other sections of the Charter and requires 6 council members for a quorum to do business, and to pass a resolution with 6 members would require a vote of 6 -0. Mayor Shaw referred the question of the Department of Public Works Realignment tQ the Budget and Administration Committee to review. Budget and Administration Committee Chairman Holman informed the Council that the committee will consider the realignment in a Special Session to which all members of the Council will be invited. BUDGET AND ADMINISTRATION COMMITTEE: Human Services Coalition Agreement By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Human Services Coalition of Tompkins County, for the period January 1, 1982 to December 31, 1982, in an amount not to exceed $6,605, for the furnishing of Human Services Planning and Coordination. Carried Unanimously S.P.C.A. A reement By Al erman Holman: Seconded by Alderman Schuler RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Tompkins County S.P.C.A for the period January 1, 1982 to December 31, 1982, in an amount to exceed $37,800, and I not BE IT FURTHER RESOLVED, That the Tompkins County S.P.C.A. be, and it is, hereby designated the animal control agency for the City of Ithaca for the year 1982. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 66-7 S~ N Lli Q r• -5- January 6, 19M's Tompkins County Chamber of Commerce A reement By Alderman Holman: Secon e y Al erman Banfield RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Tompkins County Chamber of Commerce, for the period January 1, 1982 to December 31, 1982, in an amount not to exceed $10,000, for the furnishing of certain tourist promotion and informational services. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Finger Lakes Association A reement By Alderman Holman: Secon e y Alderman Schlather RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Finger Lakes Association Inc., for the period January 1, 1982 to December 31, 1982, in an amount not to exceed $918, for rendering promotional publicity services. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Gadabout Agreement By Alderman Holman: Seconded by Alderman Schuler RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Gadabout Transportation Services Inc. for the period January 1, 1982 to December 31, 1982, in an amount not to exceed $12,600, for providing transportation service to the elderly and disabled community in the City of Ithaca. Alderman Holdsworth noted that the $12,500 is going to employ an extra driver to enable the Gadabout to provide 15 disabled employees with travel to and from work. Alderman Dennis commented that one of the things we bought with the Human Services Coalition last year was a review of the Gadabout process and organization that they did for us. A vote on the resolution resulted as follows: . Carried Unanimously Office of Court Administration Agreement By Alderman Holman: Seconded by Alderman Dennis RESOLVED, That the Mayor is hereby authorized and directed to execute an agreement with New York State Office of Court Administration, for the period April 1, 1981 to March 31, 1982, in an amount not to exceed $2,385, for providing security services to City Court. Alderman Holman noted that this is revenue paid to the city for services provided to the City Court. A vote on the resolution resulted as follows: Carried Unanimously E.O.C. Lease Agreement at G.I.A.C. Building By Alderman Holman. Seconaed by Alderman Killeen RESOLVED, That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Economic Opportunity Corporation of Tompkins County, for the period January 1, 1982 to December 31, 1982, in the amount not to exceed $14,986, for lease of the second floor at the G.I.A.C. Building. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously 390 -6- January 6, 1982 Establishment of Ca ital Reserve Fund By Al erman Holman: Secon e by Alderman Barfield WHEREAS, Common Council has included $50,000 in the current budget, as requested by the Board of Public Works, and intends to include additional amounts during subsequent years to finance the purchase of new equipment or the replacement of old equipment for the Depart- ment of Public Works as the need arises; NOW, THEREFORE, BE IT RESOLVED, That pursuant to Section 6 -C of the General Municipal Law of the State of New York, that: (1) There be, and hereby is, authorized and established a Capital Reserve Fund, to wit, D.P.W. Equipment, which fund shall be known and designated as Capital Reserve Fund No. 23, D.P.W. Equipment, and which may be referred to as Capital Reserve Fund No. 23. (2) There is hereby appropriated to said fund the sum of $50,000 from the 1982 General Fund Budget. (3) The City Controller be directed to deposit such appropriation, as soon as available, in said fund in one or more banks designated as depositories of the funds of the City of Ithaca. (4) The City Controller be authorized and directed to invest the monies in such fund as provided by law. (5) The City Controller shall keep a separate account of such fund in the manner provided by Section 6 -C of the General Municipal Law of the State of New York. (6) Expenditures shall be made from such fund only by an authorization of Common Council and only for the specified capital improvement hereinabove described. Discussion followed on the floor. tt � a A vote on the resolution resulted as follows: Carried Unanimously Bond Anticipation Note Authorization By Alderman Holman: econ e by Al erman Dennis RESOLVED, That the City Controller is hereby authorized and directed to request Bond Counsel to prepare a bond anticipation note in the amount of $700,000 and a revenue anticipation note in the amount of $1,407,460 for Phase II of the Wastewater Treatment Plant Project, Design Phase Project #C361095 -02. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Brindle Street Easement By Al erman Holman: Seconded by Alderman Schlather RESOLVED, That the City accept the conveyance of a permanent easement from Conrail for its Brindley Street R/W and bridge, for an amount not to exceed $500 as recommended by the Board of Public Works and the City Attorney. ® I Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Sewage Treatment Plant Revenue Anticipation Note By Alderman Holman: Seconded by Alderman Banfield BE IT RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. Pursuant to the provisions of the Local Finance Law, there are hereby authorized to be issued not exceeding $1,407,460 revenue anticipation notes, including renewals thereof, of the City • W Q -7- January 6, 19091 of Ithaca, Tompkins County, New York, in anticipation of the receipt of aid due said City from the United States of America as partial reimbursement for costs incurred by said city in connection with the so- called Phase 2 planning and design costs for the construction of a joint sewage treatment plant and related facilities proposed to be constructed jointly by the City of Ithaca and the Towns of Ithaca and Dryden, Tompkins County, New York, for use jointly by said City of Ithaca and the Towns of Ithaca and Dryden, Tompkins County, New York, during the current fiscal year of said city, commencing January 1, 1982. Section 2. Said revenue anticipation notes shall be payable at such place or places as the City Controller shall determine, in Lawful money of the United States of America, shall be signed in the name of said city by the City Controller and attested by the City Clerk under the city seal, shall bear such date or dates, shall be in such denomina- tion or denominations, shall bear interest at such rate or raises, and shall be in such form as shall be prescribed by the Controller of the City of Ithaca. The date of maturity of such note or notes sha.l.l. not extend beyond the applicable period provided in Section 25.00 of the Local Finance Law for the maturity of such note or notes. . Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment: of the note or notes and the interest thereon. Said note or notes shall be paid out of moneys received on account of revenues applicable to such purposes, but if not paid from such sources, all the taxable real property within said city shall be subject to the levy of ad valorem taxes to pay said note or notes and interest thereon, without limita- tion as to rate or amount. Section 4. The notes hereby authorized, or any portion thereof, shall not 'e issued until such City Controller shall have first filed with the Common Council of said city a certificate providing for the details of such notes, which certificate shall contain the statements required by Section 30.00 of the Local Finance Law. Section 5. This resolution shall take effect immediately. Discussion followed on the floor. Tho question of-the adoption of the foregoing resolution. was duly put to a vote on roll call, which resulted as follows: . - Schuler Aye Dennis Aye tfaldswor-rfi Aye Killeen Aye Banfield Aye Holman Aye Clynes Aye Schlather Aye Hoffman Aye Myers Aye Ayes (10) Carried Unanimously Sewa e Treatment Plant Bond By Al erman Holman: Se con ed by Alderman Banfield WHEREAS, the Common Council of the City of Ithaca, Tompkins County, New York, has heretofore determined to undertake the planning of a new sewage treatment plant and related facilities, such facilities proposed to be jointly constructed pursuant to Article 5 -G of the General Municipal Law, by and for said City of Ithaca and the Towns of Ithaca and Dryden, Tompkins County, New York; and WHEREAS, such planning for the aforesaid future capital improvement is being undertaken pursuant to Section 99 -d of the General Municipal Law; and WHEREAS, the annual budget of said city for the current fiscal year is in excess of $14,000,000; and WHEREAS, it is now desired to authorize the issuance of $700,000 serial bonds of said city to pay part of the so- called Phase 2 planning 392 -8- January 6, 1982 and design costs to be incurred in connection with such planning for the aforesaid future capital improvement; NOW, THEREFORE, BE IT RESOLVED, by 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 so- called Phase 2 planning and design costs to be incurred in connection with the planning for a future capital improvement, to wit: the construction of a joint sewage treatment plant and related facilit' proposed to be constructed jointly by the City of Ithaca and Towns o Ithaca and Dryden, Tompkins County, New York ,rfor use jointly by sai City of Ithaca and the Towns of Ithaca and Dry``�den, Tompkins County, New York) there are hereby authorized to be issued $700,000 serial bonds of said city pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of the aforesaid specific object or purpose is $2,107,460, and the plan for the financing thereof is by the issuance of the aforesaid $700,000 serial bonds of said city herein authorized to be issued therefor, and by the expenditure of $1,407,460 State and Federal aid to be received for such purpose, which moneys are hereby appropriated therefor. Section 3. It is hereby determined that the period of probable usefulness aforesaid specific object or purpose is three years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the bonds herein authorized will not exceed five years. 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 serial bonds herein authorized, including renewals of such notes, is hereby dele- gated 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 wit the provisions of the Local Finance Law. Section 5. The faith and credit of said City of Ithaca, Tompkins County, w 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 obliga- tions 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 6. 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 provision of the Constitution. Section 7. This resolution, which takes effect immediately, shall be published in full 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. Discussion followed on the floor. January 6, 19093 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Myers Aye Hoffman Aye Schlather Aye Clynes Aye Holman Aye Banfield Aye Killeen Aye Holdsworth Aye Dennis Aye Schuler Aye Ayes (10) — Carried Unanimously • 1981 Flood Damage Bond Berman Holman: Seconded by Alderman Banfield BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. The following capital improvements in and for the City of Ithaca, Tompkins County, New York, are hereby authorized: a) The reconstruction of the bridge on Tioga Street, a specific object or purpose, at a maximum estimated cost of $250,000; (T) I . . (ZJ b) The reconstruction of creek walls and the dredging of Six Mile W Creek for the purpose of providing flood protection, a specific object or purpose, at a maximum estimated cost of $276,000; and c) The reconstruction of levies and dikes along Fall Creek for the purpose of providing flood protection and the dredging of various other creeks for such purpose, a class of objects or purposes, at a maximum estimated cost of $150,000.. Section 2. The maximum estimated cost of the aforesaid specific objects or purposes, or class of objects or purposes, is $676,000, and the plan for the financing thereof is as follows: ■ 1) By the issuance of $500,000 serial bonds of said city hereby �.� authorized to be issued pursuant to the provisions of the Local Finance Law, of which amount $100,000 shall be alloca- ted to the aforesaid bridge project, of which amount $260,000 shall be allocated to the aforesaid creek project, and of which amount $140,000 shall be allocated to the aforesaid dike project; 2) By the expenditure of $26,000 current funds of said city, of which amount $16,000 shall be allocated to the aforesaid creek project and of which $10,000 shall be allocated to the afore- said dike project; and 3) By the expenditure of $150,000 from the Capital Reserve Fund for Bridges (No. 4) of said city, all of which shall be expended for the aforesaid bridge project. Section 3. It is hereby determined that the period of probable usefulness For the aforesaid bridge reconstruction project is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness for the creek reconstruction project is thirty years pursuant to subdivision 22(a) of paragraph a of said Section 11.00, and the period of probable usefulness of the aforesaid levy and dike project is thirty years pursuant to subdivision 22(a) of paragraph a of said Section 1.1.00. It is hereby further determined that the maximum maturity of the bonds herein authorized will exceed five years. 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 serial bonds herein authorized, including renei..als of such notes, is hereby delega- ted to the City Controller, the chief fiscal offizer. 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 La-;. 394 -10- January 6, 1982 Section S. 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 respect- ively 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 obliga- tions as the same become due and payable. Section 6. The validity of such bonds and bond anticipation note 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 7. This resolution, which takes effect immediately, shall be published in full in The Ithaca Journal, the official news- paper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Discussion followed on the floor. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: 40 Dennis Aye Clynes Aye Killeen Aye Hoffman Aye Schuler Aye Myers Aye Banfield Aye Schlather Aye Holdsworth Aye Holman Aye Ayes (10) Carried Unanimously Federal Section 18 Program -- Operating Assistance -- Project PIN3791.02.426 By Alderman Holman: Seconded by Alderman Banfield WHEREAS, the City of Ithaca has submitted a request for a grant of funds to the New York State Department of Transportation and the _United States Department of Transportation pursuant to Section 18 of the Urban Mass Transportation Act of 1964, as amended for a project providing bus transportation services within the City of Ithaca for fixed route, scheduled and open to the public during the period January 1, 1980 to December 31, 1980, and WHEREAS, the City's application for Section 18 Transportation Operating Assistance has been approved by the Federal HIghway Administration; NOW, THEREFORE, BE IT RESOLVED, That Mayor William R. Shaw be authoriz to sign the Agreement between the City of Ithaca and the State of Ne York for the above named project, which is attached hereto and made part of this resolution, and BE IT FURTHER RESOLVED, That Mayor William R. Shaw is authorized to act on behalf of the City of Ithaca to progress and complete the above named project. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously ` -11- January 6, 198195 MAYOR'S APPOINTMENT: Planning an Develo ment Board Mayor Shaw requested the support of the Council for appointment of Peter J. Rogers, Jr., 806 N. Tioga Street, to the Planning and Development Board, as member, and one -year chairman, for a term to expire December 31, 1984. Resolution y A�1 erman Banfield: Seconded by Alderman Holman RESOLVED, That this Council supports the appointment of Peter J. ® Rogers, 806 N. Tioga Street, to the Planning and Development Board for a term to expire December 31, 1984. Discussion followed on the floor. A vote on the resolution resulted as follows: Ayes (9) - Banfield, Clynes, Dennis, Hoffman, Holdsworth, Holman, Killeen, Myers, Schlather Abstention (1) - Schuler � Carried Mr. Rogers took the oath of office and was sworn in by the City Clerk. W The Common Council recessed at 9:10 p.m. and reconvened in regular Q session at 9:15 p.m. Q PLANNING AND DEVELOPMENT COMMITTEE: Information regarding ine Mile Point Unit II Nuclear Power Station Alderman Dennis called attention to a report attached to t e agenda from the City Energy Commission regarding Nine Mile Point Unit II Nuclear Power Station, and requested that it be referred to the Planning and Development Committee for review. Mayor Shaw referred the Nine Mile Point Unit II Nuclear Power Station Fact Sheet to the_Planning and Development Committee for review. Meeting Times Alderman Dennis requested that meetings of the committee be placed on the calendar on the second and fourth Wednesdays of each month, as necessary, at 8:00 p.m. in the Common Council Chambers. CHARTER AND ORDINANCE COMMITTEE: Alderman c lat er announce tentatively that the committee would meet the second Monday of each month at 7:30 p.m. in the Council Chambers, to be rescheduled or amended, if necessary. HUMAN SERVICES COMMITTEE: Alderman Sc uler in ormed the newly appointed chairman of the committee, David Banfield, that she had scheduled a member of the Finger Lakes Runners, Richard McNeil, to come to the next meeting of the Human Services Committee. REPORT OF SPECIAL 'COMMITTEE; Human Services Coalition Alderman Holman reported that in the past year the Coalition has spent a goodly amount of time working with the Southside Community Center, conducted revenue sharing reviews for applicants applying to the city for those monies, and at the request of the Urban Renewal Agency and staff, initiated a program of evaluation involving methodology for the Arts Council's community arts programs so that its success can be measured. Alderman Holman reported that a number of Field Study Students spent several months at the end of 1981 surveying the impact of the Reagan Budget on human Services provisions in Tompkins County. Those reports will be ready on the 10th of January at the Coalition office. Alderman Holman announced that the Annual Meeting of the Human Services Coalition will be on the 10th of January at the Ramada Inn at 8:00 a.m. 396 -12- January 6, 1982 UNFINISHED AND MISCELLANEOUS BUSINESS: Urban Renewal Agency Alderman Dennis, as liaison from the Ithaca Urban Renewal Agency, advised the Council to be aware of the Agency's work because they are involved in some very important projects in the city. and Administration Commit Alderman Holman announced tnat the Duu will continue to meet on the Thursday meeting, unless it falls on a holiday, 8:00 P.M. NEW BUSINESS: Mayor's Appointment Mayor Shaw requested support for Begent, 614 North Tioga Street, to expire December 31, 1983. get and Administration Committee preceding the Common Council in the Council Chambers at the appointment of Heather McCalmon as City Historian for a term of office Resolution By Al erman Dennis: Seconded by Alderman Holman RESOLVED, That this Council supports the appointment of Heather McCalmon Begent, 614 North Tioga Street, as City Historian for a term of office to expire December 31, 1983. Carried Unanimously New York Conference of Ma ors and Munici al Officials Mayor Shaw reporte that he ha been strongly adv1 seJ by numerous people that the Conference is highly beneficial and he urged, if at all possible, that as many as possible try to attend the Seventh Biennial Orientation Workshop for Newly Elected City Mayors and Councilmembers to be held Saturday, January 23, 1982 at 8:00 a.m. at the Hilton Inn, Syracuse, New York. He asked that those who wish to attend call his Administrative Assistant, Ruthann Brown, as early as next week, if possible. She will serve as coordinator so that every person does not have to drive his car. Seating Arrangement of Council Mayor Shaw commented that he elieves the Council Chamber is dictated by tradition, contact him, he may be able to arrange a smokers' section. If this works out, he the audience. arrangement of seats in the but if the aldermen will smokers' section and a non - will try to do the same for Schedulin of Meetin s and Meetin Places Mayor aw, on be al o the City Clerk, requested that the members of Council, particularly the chairmen and vice chairmen of committees, notify the Clerk's Office of their desire to hold meetings, for a number of reasons: The Clerk's Office is required by law to give notice to. the public and press, in advance, of meetings to be held; secondly, the practicality of scheduling meetings of the city in ad- vance; questions are constantly coming up in respect to open meetings law, and in this respect Mayor Shaw informed the Council that he will be issuing a document which will be available to every member of the Council, as well as department heads, on the matter after consulting further with the City Attorney. He requested that if there are questions on the matter, either he or City Attorney Tavelli be contacted. ADJOURNMENT: On a motion the meeting adjourned at 9:33 p.m. ose A. Rundle, City Clerk William R.�aw, D9ayor