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HomeMy WebLinkAboutMN-CC-1992-02-05 February 5, 1992 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. February 5, 1992 PRESENT: Mayor Nichols Council Members (10) - Blanchard, Romanowski, Efroymson, Daley, Johnson, Booth, Schroeder, Golder, Hoffman, Berg OTHERS PRESENT: City Clerk - Paolangeli City Controller - Cafferillo City Attorney - Guttman Police Chief - McEwen Fire Chief - Olmstead Superintendent of Public Works - Gray Board of Public Works Commissioner - Reeves Acting Building Commissioner - Eckstrom Youth Bureau Director - Cohen Assistant City Attorney - Kennedy Tompkins County Board of Representatives - Lerner Personnel Administrator - Saul PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the January 1, 1992 Common Council Meeting By Alderperson Schroeder: Seconded by Alderperson Berg RESOLVED, That the Minutes of the January 1, 1992 Common Council meeting be approved as published. Carried Unanimously Council Member Schroeder requested that the term "Alderperson" be used as the accepted term in the Council Minutes. The term "Council Member" had been used in the January Minutes to correspond with the change in the new City Code and Charter. No one objected to this, therefore, the term "Alderperson" will be the official term used in the Minutes. MAYOR'S APPOINTMENTS Conservation Advisory Council Mayor Nichols requested approval of Council for the appointment of Paul Salon, 328 VanKirk Road, Newfield, to the Conservation Advisory Council for a one year term to expire December 31, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the appointment of Paul Salon, to the Conservation Advisory Council with a term to expire December 31, 1992. Carried Unanimously Ithaca Landmarks Preservation Commission Mayor Nichols requested Council approval for the appointment of John R. Benson, 427 East Seneca Street, to the Ithaca Landmarks Preservation Commission for a three year term, expiring December 31, 1994. Resolution By Alderperson Booth: Seconded by Alderperson Golder RESOLVED, That this Council approves the appointment of John R. February 5, 1992 2 Benson to the Ithaca Landmarks Preservation Commission for a term expiring December 31, 1994. Carried Unanimously Parks Commission Mayor Nichols requested Council approval for the re-appointment of Richard Fischer, 135 Pine Tree Road, to the Parks Commission with a three year term to expire December 31, 1994. Resolution By Alderperson Daley: Seconded by Alderperson Hoffman RESOLVED, That this Council approves the re-appointment of Richard Fischer to the Parks Commission with a term to expire December 31, 1994. Carried Unanimously Parks Commission Mayor Nichols requested Council approval for the appointment of Willard W. Dickerson III, 205 South Titus Avenue, (representing the Youth Bureau) to the Parks Commission with a three year term to expire December 31, 1994. Resolution By Alderperson Booth: Seconded by Alderperson Daley RESOLVED, That this Council approves the appointment of Willard W. Dickerson III, to the Parks Commission with a term to expire December 31, 1994. Carried Unanimously Southwest Park Land Use Study Committee Mayor Nichols requested Council approval for the following appointments to the Southwest Park Land Use Study Committee: William Zikakis, owner of business in the vicinity of Southwest Park Vicki Romanoff, planning or design professional Paul Mazzarella, housing professional Susan Cummings, resident of City John Efroymson, alderperson Denise Rusoff, member of the Board of Public Works Diane Sherman, member of the Parks Commission Barbara Blanchard, representing - 1st ward Resolution By Alderperson Daley: Seconded by Alderperson Romanowski RESOLVED, That this Council approves the appointments to the Southwest Park Land Use Study Committee as listed above. Carried Unanimously Mayoral Appointments Not Requiring Council Approval Mayor Nichols announced that he is appointing the following persons: Affirmative Action Committee Thomas W. Deis Term expires December 31, 1993 Barbara B. Caldwell (alternate) Term expires December 31, 1993 Samuel Cohen Term expires December 31, 1994 Alice Green (alternate) Term expires December 31, 1994 Thomas West Term expires December 31, 1994 Citizens Advisory Committee Michael Cannon Andy Foster George Hagood Crystal Jackson Pamela Mackesey Jeremy Schwartz PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: February 5, 1992 3 Rental Housing Commission Elizabeth Cree, 118 East Falls Street, Chair of the City Republican Committee, spoke to Council in opposition to the creation of a new Rental Housing Office. Carol Mallison, 137 Bank Street, Newfield, member of the Rental Housing Commission, requested that the security deposit proposal that was sent to Council in January be sent back to the Commission for further review and consideration. Salary Increases for Department Heads Paul Sayvetz, 201 Elm Street, spoke to Council in opposition to the resolution on tonight's agenda regarding pay increases for Department Heads in City government. RESPONSE TO THE PUBLIC: Rental Housing Commission Alderpersons Efroymson and Golder responded to the comments that were made concerning the Rental Housing Commission. REPORT OF THE BOARD OF REPRESENTATIVES: Mr. Eric Lerner, 1st Ward Rep., reported to the Council on the following items: New Board Chair - Mr. Robert Watros has been elected as Chair of the Board of Reps. Local Sales Tax - The Board has moved forward with a County fiscal plan and a request to New York State to authorize an increase to the local sales tax from 7 to 8 cents on the dollar. He explained that for the first six months after any increase all of the revenue would go to the County. Thereafter, 75% of the revenues would go to the County, and 25% would be divided between the City, Towns and Villages on the basis of point of sale, which is the present basis for the municipal share of the current sales tax revenues. Solid Waste - The County has received approval of their permits from the Army Corp of Engineers to go ahead with the DR-7 landfill. The County now has to take the modifications to the plan in response to the Corp of Engineers and get new approval from the New York State Department of Environmental Conservation. He said the process is far from over but the County is one hurdle closer to the goal. Flow Control Legislation - It appears that the Board of Reps will be enacting legislation that will require local haulers to dispose of local trash at County facilities so the County will have that revenue to pay for the County's solid waste operation. Mr. Lerner answered questions from Council members. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to Council on the following items: Work Plan for 1992 - The Board is attempting to take on two major tasks. On a reactive level, they are trying to streamline meeting procedures and on a pro-active level, they are trying to set up a work program for 1992, which will address such topics as water system repair, Department of Public Works management which would include current objectives, staffing levels, budgets and consolidation. Other areas are city drainage, solid waste and February 5, 1992 4 recycling, city transportation, which would include parking, streets and mass transit and management of city properties. Comm. Reeves stated that one of the largest areas of unfinished business that the Board is facing on their agenda at this time is neighborhood parking and traffic concerns, and those problems will be prioritized. Meeting Procedures - Comm. Reeves explained how the Board operates in regard to their Committee of the Whole meetings and the voting meetings. COMMUNICATIONS FROM THE MAYOR: Raccoons Mayor Nichols referred to the problem the City is having with the possibility of rabid raccoons invading the neighborhoods and he explained how the policy was developed with the Police Department on how to handle the carcasses of the dead animals. REPORT OF CITY ATTORNEY: ACC ACC reports that they did not televise the January Council meeting as this was a holiday for their staff. General Code City Attorney Guttman reported that the final information for the new Code books should be arriving from General Code by next week. Ceraffici Lawsuit City Attorney Guttman reported the Ceraffici lawsuit has once again been dismissed after being defended in-house. HUMAN SERVICES COMMITTEE: Drop-in Children's Center Expansion Plan - Report Alderperson Johnson reported that the Drop-in Children's Center Board unanimously voted to go ahead with the planned expansion for the day care program after they received the feasibility study from Matrix Architects. They are hoping to secure funding for the program through ARC and UDC Grants, as well as from the State Department of Social Services. Homeless - Report Alderperson Johnson reported that bed nights for the homeless has increased over 15% since 1990. There is a great need for food at the Ithaca Kitchen Cupboard as the demands here have also increased. Alderperson Johnson stated that the Friendship Center is now providing cold lunches on the weekend and they see a need for someone to have a breakfast program which is not in place. Alderperson Blanchard reported that there is a health program that has begun that is being sponsored by the Immaculate Conception Church. They are doing health screening of homeless clients. Human Services Coalition 1992 Work Plan - Report Alderperson Johnson reported that the Human Services Committee has looked at what was requested of the Human Services Coalition last year but they would like to hear from other Council members before the plan is brought to Council for review and comment. PLANNING AND DEVELOPMENT COMMITTEE: * 15.1 1992 Planning Department Work Plan By Alderperson Schroeder: Seconded by Alderperson Blanchard WHEREAS, the Department of Planning and Development's proposed February 5, 1992 5 1992 Work Program has been reviewed by the Planning and Development Board and by the Planning and Development Committee, now, therefore be it RESOLVED, That the Common Council does hereby approve the full Department of Planning and Development 1992 Work Program, and be it further RESOLVED, That Common Council designate from among all the projects listed in the full Work Program, the following projects for which specific goals, objectives and timetables have been developed as "High Priority Projects" for 1992: 1.Southwest Park Master Plan and Southwest Park Alienation 2.Rezone West State Street and the Central Business District 3.Inlet Island Land Use Plan and Inlet Island 6F and 4F Conversion 4.Preliminary steps toward City of Ithaca Master Plan 5.Downtown Vision Task Force Recommendations These projects are to receive special and high priority attention from both the Department staff and from the Planning and Development Committee so that the 1992 objectives are accomplished in a timely manner. Amending Resolution By Alderperson Hoffman: Seconded by Alderperson Berg RESOLVED, That an item #6 be added to the resolution, as follows: "6. Revision of R-3 Districts; Revision of R-2 Districts to use bedrooms as measure of density; application of (current or revised) R-2c Zone where appropriate." Alderperson Hoffman explained his reasons for including #6. Discussion followed with several Alderpersons commenting on the amendment. A vote on the Amending Resolution resulted as follows: Ayes (4) - Hoffman, Berg, Johnson, Booth Nays (6) - Daley, Golder, Blanchard, Romanowski, Efroymson, Schroeder Motion Fails Main Motion Further discussion followed on the Main Motion. A vote on the Main Motion resulted as follows: Ayes (6) - Daley, Berg, Blanchard, Romanowski, Efroymson Schroeder Nays (4) - Hoffman, Johnson, Golder, Booth Carried West State Street and Central Business District Rezoning - Report Alderperson Schroeder reported that this matter was discussed at length at their meeting and some changes were approved to the re- zoning plan for that district. This issue should be ready to come to Common Council to set up a public hearing at the March meeting. The public hearing and a final vote should be held at the April Council meeting. Ithaca Urban Renewal Agency and Community Development Commission February 5, 1992 6 Appointment and Removal Discrepancies - Report Alderperson Schroeder explained how the appointments to these committees were established. It is the consensus of the Committee that the simplest thing would be to eliminate the CDC and keep the IURA. The Committee also believes that there should be term limits for the IURA membership as opposed to life-long membership, as it exists now. Recommendation to Budget and Administration Committee on Use of Center Ithaca Payments - Report Alderperson Schroeder stated that Center Ithaca has begun paying the City for use of the land under the Green Street Parking Ramp. The IURA has suggested that for the first two years money going into this fund be used as seed money for some of the smaller Downtown Vision Task Force recommendations. The Committee has approved that recommendation and it has been sent to the Budget and Administration Committee for their consideration. BUDGET AND ADMINISTRATION COMMITTEE: *17.1 Finance Department/Controller - Approval of the 1990 City of Ithaca Single Audit Report By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the single Audit Report for the period of January 1, 1990 through December 31, 1990, prepared by the Accounting Firm of Ciaschi, Dietershagen, Little, and Mickelson C.P.A.'s, be accepted to comply with all of the City's applicable Federal Single Audit and Related Audit Requirements. Carried Unanimously * 17.2 Finance Department/Personnel - Request to Temporarily Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Personnel Associate in the Personnel Office has requested an amendment to her work week to accommodate educational pursuits, and WHEREAS, the requested amendment will not require the appropriation of additional funds; now, therefore, be it RESOLVED, That the Personnel Roster of the Personnel Department be temporarily amended by adjusting the work week of the Personnel Associate to thirty (30) hours per week from January 27, 1992 to May 15, 1992. Carried Unanimously * 17.3 Youth Bureau - Request Mayor to Execute Youth Bureau Continuation Application By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca is about to submit an application for continuation of the Youth Bureau project to the New York State Division for Youth for its approval, and, if approved, to apply subsequently to the State of New York for partial reimbursement of funds expended on said project as provided by Chapter 556 of the Laws of 1945, as amended; now, therefore, be it RESOLVED, That such application is in all respects approved and Benjamin Nichols, Mayor, is hereby directed and authorized to duly execute and present said application to the New York State Division for Youth for its approval, and be it further RESOLVED, That this resolution shall be deemed to have taken effect January 1, 1992. Carried Unanimously * 17.4 Fire Department - Request to Standardize on Radio February 5, 1992 7 Equipment By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Board of Fire Commissioners has been requested by the Fire Chief to standardize on Motorola radio equipment to be used by the City of Ithaca Fire Department, and to authorize the Chief to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has all Motorola radio equipment. 2. The Tompkins County Emergency Control Center presently has all Motorola console and communication equipment. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said radio equipment. 4. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different types of radio equipment. 5. Present Motorola radio equipment has been satisfactory for the uses of the Ithaca Fire Department. 6. Standardization provides the need for only one service contract for its entire radio system, whereas additional contractual agreements would be required for other types of equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York this Common Council authorizes the standardization of Motorola radio equipment as the type of equipment to be used and purchased by the City of Ithaca Fire Department during the year 1992. Carried Unanimously * 17.5 Fire Department - Request to Standardize on Self-Contained Breathing Apparatus and Equipment By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Board of Fire Commissioners has been requested by the Fire Chief to standardize on MSA Self Contained Breathing Apparatus and Equipment to be used by the City of Ithaca Fire Department, and to authorize the Chief to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The City of Ithaca Fire Department presently has all MSA Self Contained Breathing Apparatus and equipment. 2. The City of Ithaca Fire Department is an authorized repair facility for MSA Self Contained Breathing Apparatus. 3. This action will minimize the inventory of repair parts which would have to be maintained for the service of said breathing apparatus. 4. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different February 5, 1992 8 types of breathing apparatus. 5. Present MSA Breathing Apparatus has been satisfactory for the uses of the Ithaca Fire Department. 6. All members of the Ithaca Fire Department are trained exclusively in the proper use and operation of MSA Self Contained Breathing Apparatus; now, therefore, be it RESOLVED, That pursuant to Section 103, Subdivision 5 of the General Municipal Law of the State of New York this Common Council authorizes the standardization of MSA Self Contained Breathing Apparatus and Equipment as the type of equipment to be used and purchased by the City of Ithaca Fire Department during the year 1992. Carried Unanimously * 17.6 Planning Department - Request to Temporarily Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That based on a request initiated by the employee involved, the personnel roster of the Planning and Development Department is hereby temporarily amended by reducing the full-time position of the Environmental and Landscape Planner from 35 hours to 30 hours per week from February 10, 1992 to December 31, 1992, or as the Director of Planning and Development may determine, and be it further RESOLVED, That the Director of Planning and Development may return the position to its full time status at an earlier date should he determine that the volume of work requires that the position return to its full-time 35 hour per week status. Carried Unanimously * 17.7 Building Department - Request to Appropriate NYS Building and Fire Code Aid By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, the Building Department has recommended an office renovation project which will reallocate existing office space in the interest of alleviating the problem of overcrowding and improving the overall provision of service; now, therefore, be it RESOLVED, That $2,295 be transferred from account A690-6 Building and Fire Code Aid, to account A3620-497 Office Renovations, for said purpose. Carried Unanimously * 17.8 1992 Compensation for Individuals Not Covered By a Union By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That Management employees not covered by a formal contract, including the City Attorney, Assistant City Attorney, and City Prosecutor, be granted a 5% increase across the board over their 1991 salary for the year 1992, effective with the first pay period of 1992, and be it further RESOLVED, That Common Council reaffirms its policy of comprehensive performance evaluations for all management employees. February 5, 1992 9 Alderperson Booth urged Council to vote in favor of this resolution. Alderperson Johnson offered the following Amending Resolution: Amending Resolution By Alderperson Johnson: Seconded by Alderperson Golder WHEREAS, we on City Council and the Mayor, recognize the extra effort put forth by many of our department heads, but WHEREAS, the nation, the state, and the city are experiencing unusual financial stress and are in a period of unusual financial uncertainty, and WHEREAS, we do not, at this time, know the exact amount of state aid that we will receive for 1992, and WHEREAS, this is a significant amount of our revenue sources; now, therefore, be it RESOLVED, That salary increments for department heads be considered after we find out the exact amount of state aid that we are to receive. Extensive discussion followed on the floor on the merits of the Amending Resolution. A vote on the Amending Resolution resulted as follows: Ayes (3) - Golder, Johnson, Blanchard Nays (7) - Booth, Daley, Romanowski, Berg, Efroymson, Schroeder, Hoffman Motion Fails Further discussion followed on the Main Motion. Main Motion A vote on the Main Motion resulted as follows: Ayes (7) - Booth, Daley, Romanowski, Berg, Efroymson, Schroeder, Hoffman Nays (3) - Golder, Blanchard, Johnson Carried * 17.9 Youth Bureau - Request to Hire Above Step 1 By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That Elizabeth Vance be hired for the part-time Recreation Specialist position in Recreation Mainstreaming Services at an annual salary of $8,404.50, that being Step 2 on the CSEA Administrative Unit Compensation Plan, effective February 10, 1992. Ayes (7) - Booth, Hoffman, Daley, Berg, Blanchard, Romanowski, Schroeder Nays (2) - Johnson, Golder Abstention (1) - Efroymson Carried * 17.10 Planning Department - Request to Hire Consultant for Strand Environmental Impact Statement By Alderperson Booth: Seconded by Alderperson Romanowski WHEREAS, a new environmental review is required before the City acts on recision of historic designation and/or demolition of the February 5, 1992 10 Strand Theater property; now, therefore, be it RESOLVED, That the L.A. Group from Saratoga Springs, N.Y., be retained to conduct the review up to and including a draft environmental impact statement, for an amount not to exceed $15,000 as follows: D.E.I.S. $13,250, upset on reimbursables $750.,, upset on printing D.E.I.S. $1,000., and be it further RESOLVED, That the Mayor be authorized to execute the applicable agreements, and be it further RESOLVED, That $15,000 be transferred from Account A1990 Unrestricted Contingency to Account A1420-435 Contractual Services for the purpose of hiring a consultant for the Strand Environmental Impact Statement. Extensive discussion followed on the floor on the pros and cons of the proposed resolution. A vote on the resolution resulted as follows: Ayes (8) - Booth, Romanowski, Blanchard, Daley, Berg, Efroymson, Johnson, Schroeder Nays (2) - Golder, Hoffman Carried * 17.11 Bond Resolution - Various Capital Projects By Alderperson Booth: Seconded by Alderperson Daley BOND RESOLUTION DATED FEBRUARY 5, 1992. A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,500,000 SERIAL BOND AND THE APPROPRIATION AND EXPENDITURE OF $131,000 CURRENT FUNDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COSTS OF VARIOUS CAPITAL PROJECTS AND 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 Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific objects or purposes or classes of objects or purposes of paying the cost of the capital improvements and projects specified in Section 2 hereof, there are hereby authorized to be issued $3,500,000 serial bonds pursuant to the provisions of the Local Finance Law, and there are hereby authorized to be expended $131,000 current funds of said City, which current funds are hereby appropriated therefor. Section 2. The capital improvements and projects in and for the City of Ithaca, Tompkins County, New York, for which such February 5, 1992 11 bonds and current funds shall be expended and the maximum estimated costs of each of such capital improvements and projects are as follows: a) Additional costs of the Computer Acquisition Capital Project for the Upgrade of Computer Systems, a class of objects or purposes (Project No. 211), at a maximum estimated cost of $20,500; b) The construction of a swimming pool at the City's Greater Ithaca Activities Center, a specific object or purpose, (Project No. 217), at a maximum estimated cost of $520,000; c) Additional costs of the reconstruction and improvement of portions of the State Street Pedestrian Mall, a specific or purpose, (Project No. 243), at a maximum estimated cost of $276,200; d) The reconstruction of the Greater Ithaca Activities Center Building located at 318 North Albany Street, a specific object or purpose, in Ithaca, New York, (Project No. 248), at a maximum estimated cost of $565,100; e) The reconstruction of various sidewalks throughout and in and for the City of Ithaca, a class of objects or purposes, (Project No. 249), at a maximum estimated cost of $75,000; f) The reconstruction of various streets and roadways throughout and in and for the City of Ithaca, a class of objects or purposes, (Project No. 253), at a maximum estimated cost of $755,200; and g) The purchase of a dump truck for use by the Department of Public Works, a specific object or purpose, (Project No. 254), at a maximum estimated cost of $37,000. h) The purchase of a loader for use by the Department of Public Works, a specific object or purpose, (Project No. 254), at a maximum estimated cost of $80,000. i) The purchase of a material spreader for use by the Department of Public Works, a specific object or purpose, (Project No. 254), at a maximum estimated cost of $10,300. j) The purchase of a sidewalk sweeper for the Commons for use by the Department of Public Works, a specific object or purpose, (Project No. 254), at a maximum estimated cost of $18,000. k) The purchase of a tractor with mowers for use by the Department of Public Works, a specific object or purpose, (Project No. 254), at a maximum estimated cost of $65,500. l) The purchase of a vehicle lift for the city garage for use by the Department of Public Works, a specific object or purpose, (Project No. 254), at a maximum estimated cost of $15,000. m) The purchase of Police Cars to replace vehicles in service for at least one year, a class of objects or purposes, (Project No. 256), at a maximum estimated cost of $84,000. n) The purchase of software and hardware for a computerized mapping base system for planning for future capital projects, a class of objects or purposes, (Project No. 257), at a maximum estimated cost of $72,000. February 5, 1992 12 o) The reconstruction of the City's Water Treatment Plant, including planning in connection therewith and in connection with planning for further reconstruction or construction of a new Water Treatment Plant, a specific object or purpose, (Project No. 502), at a maximum estimated cost of $1,000,000. p) The purchase of equipment for various departments, a class of objects or purposes, (Project No. 258), at a maximum estimated cost of $37,200. Section 3. The plan for the financing of each of the specific objects or purposes or classes of objects or purposes set forth in Section 2 hereof shall consist of the issuance of the serial bonds and the expenditure of current funds of said City authorized to be issued and expended pursuant to this bond resolution, which serial bonds and current funds shall be allocated as follows: a) $20,500 serial bonds shall be allocated to pay additional costs of the Computer Acquisition Capital Project for the Upgrade of Computer Systems described in subdivision a of Section 2 hereof; b) $494,000 serial bonds and $26,000 current funds to pay the cost of the construction of a swimming pool at the City's Greater Ithaca Activities Center described in subdivision b of Section 2 hereof; c) $276,200 serial bonds to pay the additional costs of the reconstruction and improvement of portions of the State Street Pedestrian Mall described in subdivision c of Section 2 hereof. d) $540,100 serial bonds and $25,000 current funds to pay the cost of the reconstruction of the Greater Ithaca Activities Center Building located at 318 North Albany Street, in Ithaca New York, described in subdivision d hereof; e) $75,000 serial bonds to pay the cost of the reconstruction of various sidewalks throughout and in and for the City of Ithaca, described in subdivision e hereof; f) $675,200 serial bonds and $80,000 current funds to pay the cost of the reconstruction of various streets and roadways throughout and in and for the City of Ithaca, described in subdivision f hereof; and g) $37,000 serial bonds to pay the cost of the purchase of a dump truck for use by the Department of Public Works described in subdivision g hereof. h) $80,000 serial bonds to pay the cost of the purchase of a loader for use by the Department of Public Works described in subdivision h hereof. i) $10,300 serial bonds to pay the cost of the purchase of a materials spreader for use by the Department of Public Works described in subdivision i hereof. j) $18,000 serial bonds to pay the cost of the purchase of a sidewalk sweeper for the Commons for use by the Department of Public Works described in subdivision j hereof. k) $65,500 serial bonds to pay the cost of the purchase of a tractor with mowers for use by the Department of Public Works February 5, 1992 13 described in subdivision k hereof. l) $15,000 serial bonds to pay the cost of the purchase of a vehicle lift for the city garage for use by the Department of Public Works described in subdivision l hereof. m) $84,000 serial bonds to pay the cost of the purchase of police cars described in subdivision m hereof. n) $72,000 serial bonds to pay the cost of the purchase of software and hardware for a computerized mapping system for planning for future capital projects described in subdivision n hereof. o) $1,000,000 serial bonds to pay the cost of the reconstruction of the City's Water Treatment Plant, including planning in connection therewith and in connection with planning for further reconstruction or construction of a new Water Treatment Plant described in subdivision o hereof. p) $37,200 serial bonds to pay the cost of the purchase of equipment for various departments described in subdivision p hereof. Section 4. The period of probable usefulness of the aforesaid computer acquisition capital project for the upgrade of computer systems is ten years, pursuant to subdivision 81a of paragraph a of Section 11.00 of the Local Finance Law, the period of probable usefulness of the aforesaid construction of a swimming pool at the City's Greater Ithaca Activities Center is twenty years, pursuant to subdivision 61 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid reconstruction and improvement of portions of the State Street Pedestrian Mall is twenty years, pursuant to subdivision 80 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid reconstruction of the Greater Ithaca Activities Center building is twenty years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid reconstruction of various sidewalks is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid reconstruction of various streets and roadways is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid purchase of a dump truck for use by the Department of Public Works is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid purchase of a loader for use by the Department of Public Works is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid purchase of a material spreader for use by the Department of Public Works is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid purchase of a sidewalk sweeper for the Commons is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid purchase of a tractor with mowers is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid vehicle lift for the city garage for use by the Department of Public Works is five years, pursuant to subdivision February 5, 1992 14 28 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid purchase of police cars is three years, pursuant to subdivision 77 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid purchase of software and hardware for a computerized mapping system for future capital projects is five years, pursuant to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law, that the period of probable usefulness of the aforesaid reconstruction of the City's Water Treatment Plant is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the aforesaid purchase of equipment for various departments is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. 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 serial 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. The bonds authorized pursuant to this bond resolution 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 and attested by the manual or facsimile signature of the City Clerk. Section 7. 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 Comptroller 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 8. All other matters, except as provided herein relating to such bonds, including 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 bonds are to be executed in the name of the City by the facsimile signature of its 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 February 5, 1992 15 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 9. The validity of such additional 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 10. 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. A Roll Call Vote on the foregoing resolution resulted as follows: Booth - Aye Romanowski - Aye Blanchard- Aye Hoffman - Aye Daley - Aye Berg - Aye Golder - Aye Efroymson - Aye Johnson - Aye Schroeder - Aye Ayes (10) Carried Unanimously * 17.12 Finance Department/Chamberlain - Correction in Assessment By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, an investigation of an error in essential fact, pursuant to Section 554 (Sub 4A) of the Real Property Tax Law revealed that a Veteran's exemption of $12,000 for 2 Cornell Walk in the name of Bodil Somkin was omitted from the 1991 final assessment roll; now, therefore, be it RESOLVED, That the 1992 Tax Roll for the City of Ithaca be amended to reduce the assessment of Tax Map Number 87-1-16.41 by $12,000., and be it further RESOLVED, That the City Chamberlain is authorized and directed to make the appropriate changes in the Tax Roll and prepare a new tax bill for said property. Carried Unanimously * 17.13 Finance Department/Controller - Approval of 1992 Human Service and Community Services Agencies Contracts By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor be authorized to execute the following 1992 contracts with Human Service and Community Services Agencies, in accord with the adopted 1992 City Budget: AIDS Work Program 4,780 February 5, 1992 16 Community Dispute Resolution Center 9,655 Day Care Council 15,239 Displaced Homemakers 9,240 Drop In Center 5,106 Friendship Center 1,524 HOMES - Green Street 5,250 Ithaca Rape Crisis 3,255 Learning Web 21,761 Literacy Volunteers 2,621 EOC 5,345 Multicultural Resource Center 3,000 Neighborhood Legal Services 3,530 Offender Aid and Restoration Services 3,580 Red Cross Emergency Shelter 4,200 Southside Community Center 10,065 Suicide Prevention 4,810 Task Force for Battered Women 11,035 Community Arts Partnership 10,000 Human Services Coalition 9,900 Tompkins Co. Area Development Corp. 1,000 Tompkins Cortland Labor Coalition 12,600 S.P.C.A. 38,000 DeWitt Historical Society 5,000 Cornell Cooperative Extension 5,000 Discussion followed with City Controller Cafferillo answering questions from Council members regarding the language in the contract with the Human Services Coalition. Alderperson Johnson stated that the Human Services Coalition has notified him that the language in paragraph #7 of the contract has not been included in previous contracts. The language in question is the following: "7. The Program Agency agrees to actively solicit funding from other municipalities in the County and to the extent such funding is received for the term of this Agreement, the funding of the City shall be reduced by the same amount. Any funds already paid by the City to the Program Agency in excess of such reduced funding shall immediately be refunded to the City." Discussion followed regarding this paragraph. The Mayor suggested that the Human Services Coalition be removed from the list. Alderpersons agreed to this change until this question regarding this paragraph can be resolved. Alderperson Daley, for the record, stated that the Council is assuming that none of the other contracts have that language included. A vote on the resolution with deletion of the Human Services Coalition contract resulted as follows: Carried Unanimously Report on State Budget City Controller Cafferillo reported that the City has received a summary from the Conference of Mayors and that has been circulated to Council members. He explained some of the items in the summary, particularly the question of State Aid reduction. He will be speaking with the Conference of Mayors and the State Budget Office to clarify the meaning and implication of this paragraph. There has also been a reduction in C.H.I.P.S. funding and monies received heretofore by the Fire Department and the Building Department for Code enforcement purposes would be discontinued. He is continuing to monitor and discuss the February 5, 1992 17 implication of the State budget with the Conference of Mayors and the State Budget Office and he will keep Council updated. * 17.15 Audit By Alderperson Booth: Seconded by Alderperson Romanowski RESOLVED, That the bills presented, as listed on Audit Abstract 2/1992 in the total amount of $86,278.25., be approved for payment. Carried Unanimously INTERGOVERNMENTAL RELATIONS COMMITTEE: * 18.1 Cornell/City Relations By Alderperson Hoffman: Seconded by Alderperson Berg WHEREAS, the Cornell-City Relations Study Commission submitted its report in April, 1991, and WHEREAS, Cornell University has now submitted its response to that report, and WHEREAS, Cornell has stated its willingness to discuss matters of common concern, including the possibility of a comprehensive agreement; now, therefore, be it RESOLVED, That Common Council designates the Intergovernmental Relations Committee as the committee to arrange and coordinate a regular schedule of discussions with Cornell on all matters of common concern, and be it further RESOLVED, That this Council endorses the recommendation of the Cornell-City Relations Study Commission, that the City negotiate a formal written agreement with Cornell on issues raised in the Commission's report, Cornell's response, and other issues which the parties find relevant. Carried Unanimously REPORT OF SPECIAL COMMITTEES AND COUNCIL LIAISONS: Energy Commission Alderperson Romanowski reported that the report from the Energy Commission is completed. He will distribute copies of the report to Council members. Joint Transit Operations Committee Alderperson Berg reported that the facility is proceeding on schedule and within budget. Traffic Reduction and Public Transit Committee Alderperson Golder reported that the committee will be recommending free bus passes for all City employees. Disability Advisory Council Alderperson Golder reported that the committee has been looking at the snow and ice removal ordinance that has been re-written by City Attorney Guttman and it has received their approval. They appreciate all the work he has done on that issue. NEW BUSINESS: * 21.1 Appeal on Height of Canopy at 101-107 East State Street By Alderperson Berg: Seconded by Alderperson Romanowski WHEREAS, the Superintendent of Public Works, Commons Advisory Board, Ithaca Fire Department, and the Ithaca Building Department support the granting of a variance from the canopy height requirements, and February 5, 1992 18 WHEREAS, the appellant, Matthew Engelhart, has demonstrated sufficient practical difficulties to support the granting of this variance, and WHEREAS, Municipal Code, Section 33.9, Paragraph B authorizes Common Council to grant such a variance; now, therefore, be it RESOLVED, That the appeal of Matthew Engelhart to allow the "Angelheart Designs" canopy on the building at 101-107 East State Street to be at seven feet six inches (7'6") above the sidewalk instead of nine feet six inches (9'6") as required by Section 33.8 be granted. Carried Unanimously * 21.2 Reapportionment Issue Referred to Charter and Ordinance Committee By Alderperson Booth: Seconded by Alderperson Schroeder WHEREAS, by resolution dated August 7, 1991, this Council directed the Mayor to appoint, subject to Common Council approval, a committee to study the question of reapportionment and to make recommendations regarding that subject to Common Council and WHEREAS, the Mayor appointed such a committee, and WHEREAS, Common Council received the report of this Committee on January 15, 1992, and WHEREAS, the Committee has volunteered to continue to be of assistance if requested; now, therefore, be it RESOLVED, That Common Council hereby expresses its gratitude and appreciation to the Committee for its hard work and effort, and be it further RESOLVED, That Common Council refers the issue of reapportionment to the Charter and Ordinance Committee with the understanding that the Charter and Ordinance Committee may continue to draw on the knowledge and guidance of the Reapportionment Committee. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 9:45 p.m. ------------------------- ------------------------- Callista F. Paolangeli Benjamin Nichols City Clerk Mayor