HomeMy WebLinkAboutMN-CC-1992-12-02 December 2, 1992
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 P.M. December 2, 1992
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Efroymson, Daley,
Johnson, Booth, Schroeder, Golder, Berg,
Hoffman
OTHERS PRESENT:
City Clerk - Paolangeli
City Attorney - Guttman
City Controller - Cafferillo
Deputy City Controller - Thayer
Superintendent of Public Works - Gray
Building Commissioner - Eckstrom
Police Chief - McEwen
Fire Chief - Olmstead
Planning and Development Director - VanCort
Planning and Development Deputy Director - Sieverding
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the November 4, 1992 Common Council Meeting
Mayor Nichols requested that approval of the Minutes of the
November 4, 1992 Common Council meeting be postponed until the
January meeting.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business
Mayor Nichols requested the addition of a discussion and
resolution
regarding the Strand Theater Final Environmental Impact Statement.
MAYOR'S APPOINTMENTS:
Tompkins County Solid Waste Management Advisory Committee
Mayor Nichols announced that he has re-appointed Judith W. Jones,
112 East York Street to the Tompkins County Solid Waste Management
Advisory Committee.
Tompkins County Fire, Disaster and EMS Advisory Board
Mayor Nichols announced that he has re-appointed Michael J.
Schnurle, 742 Fisher Settlement Road, Spencer, New York and John
Ward, 1101 Taughannock Boulevard to the Tompkins County Fire,
Disaster and EMS Advisory Board. Mr. Ward's re-appointment is as
an alternate.
Parks Commission
Mayor Nichols requested Council approval of the appointment of
Margaret Hobbie, 966 East State Street to the Parks Commission
with a term to expire December 31, 1993, to replace Daniel Krall
who has resigned.
Resolution
By Alderperson Blanchard: Seconded by Alderperson Johnson
RESOLVED, That this Council approves the appointment of Margaret
Hobbie to the Parks Commission with a term to expire December 31,
1993.
Carried Unanimously
December 2, 1992
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PETITIONS AND HEARINGS OF PERSONS BEFORE THE COUNCIL:
Festival Lands, Treman Marina
Ms. LeMoyne Farrell, 120 Eastwood Terrace addressed Council
regarding Cass Park and Treman Marina. She objected to the
differences in the plan as presented in 1989 and the plan as it is
now being presented. She asked that another scoping session be
scheduled. Ms. Farrell also spoke regarding the lack of
facilities for handicap persons in the area in terms of recreation
and numerous other problems that concern her with regards to this
area.
Ms. Doria Higgins of "Citizens to Save Our Parks" referred to a
document, entitled "Preliminary Allan H. Treman State Marine Park
Draft Master Plan and Draft Environmental Impact Statement" that
has been presented to Council regarding a new draft plan for the
Environmental Impact Statement. It is her opinion that the
document is absolutely unreadable and misleading. She asked that
Council proceed cautiously.
Finger Lakes Association
Mr. Ralph Jordan, Administrative Counselor for the Tompkins County
contingent of the Finger Lakes Association, requested Council to
consider restoration of the $1,000 that was reduced from the 1993
budget. He spoke to Council on the tourism issue.
RESPONSE TO THE PUBLIC:
Festival Lands
Alderperson Booth stated that he thinks we are going to have
another major round of controversy about the Festival Lands.
He thinks that two things are most important. One, is these
lands have been used as park land and therefore, should continue
to be so used. Secondly, he is under no illusions that if the
State of New York wants those lands they have legal authority
under the State laws to take them away from us. But if they do so,
they should pay for them at their full market value. Alderperson
Booth stated that he has welcomed the comments that have been made
in behalf of the Festival Lands.
Alderperson Schroeder stated that there is a document entitled
"Preliminary Allan H. Treman State Marine Park Draft Master Plan
and Draft Environmental Impact Statement" available in the
Planning and Development Office if anyone in the public would like
to review it.
Alderperson Schroeder requested that if anyone on Common Council
or members of the public have comments that they would like the
Planning and Development Committee to consider in terms of a
possible City response to this preliminary draft document they
should have the information to him before December 14 and he will
distribute that material to the Planning and Development Committee
on December 21st. He stated that at that meeting the Committee
will decide if they wish to make a response and if so, what that
response will be. That response will be forwarded to Common
Council and Council will consider it at the January meeting on the
6th.
REPORT OF BOARD OF REPRESENTATIVES:
Eric Lerner, 1st Ward, 1st District Representative on the Board of
Reps, reported to Council on the following matters:
Solid Waste Management Fee - The Board, by a fairly close vote,
December 2, 1992
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approved the new annual solid waste management fee although the
details have not been worked out and approved yet.
Mr. Lerner stated that the County has now moved into the next
phase of the development of the Central Processing Facility. The
revised proposals have come in and the Proposal Review Team now
says that the cost of that facility will be at least $3 million
less than anticipated.
1993 County Budget - The Board passed the County Budget by a vote
of 11 - 4. He explained his reasons for voting against this
budget.
Mr. Lerner answered questions from Council members regarding the
solid waste problems.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to the Council on the following
matters:
DPW Facilities - Commissioner Reeves reminded Council that a month
or so ago, the Board and the Department of Public Works invited
members of Council to tour the facilities of the department and so
far there have been no takers. She urged Council to find the time
to do this.
Parking Lot Hours - On November 18th the Board passed a resolution
making permanent the extended parking lot hours so there will be
collection from 8 a.m. until 8:15 p.m.
Illegal Dumping of Trash - The Board has recently discussed the
illegal dumping of trash in the City. Previously it could be
reported to the Police Department and the City would pick up the
trash free of charge. That has turned out to be too expensive so
the Board has directed staff to carry on discussions with the
County Solid Waste Division and the Police to try to set a policy
to take care of the illegal dumping.
Consolidation Study - The Board has formed a small sub-committee
to study consolidation. There will be a report forthcoming at the
January Council meeting.
Trash Collection in City Parks - The Board has been discussing
this matter at the request of Alderperson Johnson. There will be
a report forthcoming to the Council.
Alternate Side Parking Issue - This issue has been discussed and
the Board will be responding to the Planning and Development
Committee.
Discussion followed with Commissioner Reeves answering questions
from Council members.
COMMUNICATIONS FROM THE MAYOR:
Mayor Nichols read the following message to Council regarding the
1993 Budget:
"As you know, the budget that I submitted to you last month was
the result of extensive work by department heads to meet the
guidelines which I had established, detailed discussions with the
department heads, and careful analysis by the Controller with me
on projected revenues. That effort resulted in a proposed
property tax rate increase of 3%.
During the past month Council, through the expanded Budget and
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Administration Committee process has spent long hours going over
that budget. I attended and participated in the discussion at
every meeting except one. I respect those efforts. As of now the
budget which will on tonight would require a property tax rate
increase of 3.82%.
The budget before you includes a number of changes from the
Mayor's budget. As you know by the provisions of the Charter I
have the right to veto any one or more of those changes and it
would require a vote of seven members of Council to overturn such
vetoes.
After reviewing all the changes made to date, I will accept all of
them but the one that provides for the addition of another
position in the Police Force at a cost of $41,000. If that
addition were removed the increase in the property tax rate would
be 3.21% which is very close to the increase in the cost-of-
living. Without that addition, and given the present state of the
economy and the reduction in State Aid I believe that this would
be a responsible budget and I propose no other changes.
The process of achieving a balanced budget this year and in future
years requires each department to operate with greater efficiency,
to reorder its priorities, to make better use of its personnel,
and in many cases to operate with fewer personnel. I see no
reason to make an exception of the Police Department. In fact the
budget of that department has increased every year. During this
month I expect to appoint two new police officers to fill present
vacancies.
Should a veto be required, and if that veto is overturned I expect
to exercise my responsibility as Mayor, and as the head of the
Police Department to use my judgment as to the appointment of an
additional officer and in close cooperation with the Chief of
Police as to the assignment of duties.
Council has its responsibilities and I have mine. I believe that
we have worked together in a cooperative spirit over the past
three years and in spite of this difference I am sure that our
mutually respectful relationship will continue."
1993 Budget Message - Mayor Nichols and City Controller Cafferillo
The following message was presented to Common Council at its
meeting of November 4, 1992:
We submit herewith the Mayor's proposed City of Ithaca balanced
budget for 1993. The proposal comprises a General Fund of
$29,733,364, a Solid Waste Fund of $1,018,878, a Water Fund of
$1,965,255, a Sewer Fund of $2,507,253 and a Joint Activity Fund
of $1,887,762. To balance the General Fund Budget we propose an
increase of 23 cents per thousand dollars of assessed valuation or
3 percent in real property tax. This represents an increase of
$23.00 in tax for a property assessed at $100,000. We propose no
increase in the water rate, the sewer rate, or the trash tag fee.
To offset the annual loss of over a million dollars in State Aid
and increased costs of health care, retirement, and salaries we
undertook in 1992 a program to reduce our work force by attrition.
In order to buy the time necessary to cut and restructure
positions we capitalized our heavy street construction program and
various equipment purchases by approximately one million dollars.
To accommodate that program we reduced the magnitude of our other
capital programs. We have been able, since mid-1991, to remove 20
positions (without layoffs) from our operating budget. The
current City Roster shows 423 permanent occupied positions
compared with 450 positions in 1990.
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For 1993 we must continue the work of the Vacancy Committee to
further reduce the work force without layoffs. While this process
proceeds we can balance the budget with a property tax increase
below the inflation rate only by continuing to capitalize street
construction and some equipment while keeping new capital projects
to a minimum. This budget proposes the capitalization of $750,000
in street construction, $282,000 in equipment. The total proposed
capital projects budget (including the necessary reconstruction of
the Giles Street bridge and the painting of the Stewart Avenue
bridge) is $1,752,500, which compares favorably with the previous
seven-year average of 3.7 million dollars.
The proposed budget and our plan for stretching out the decrease
in the work force is based on the indication that the Governor and
State Legislature are not contemplating additional cuts in State
Aid for fiscal 1993-94. It is also based on the almost $500,000
which we should obtain as the City's share of the additional one
percent County Sales Tax. Without that tax a property-tax
increase of about 10 percent would have been required to meet the
proposed expenditures. It should be noted that if the City were
to receive the same share of the additional 1 percent that it
receives from the present 3 percent County tax, we would expect to
get almost 2 million dollars. The additional dollars would have
enabled us to avoid capitalizing street construction and
equipment, and at the same time to substantially reduce the
property tax rate.
We must continue to maintain our infrastructure and equipment
replacement in a balanced operating plan. Carefully structured
borrowing procedures are an integral part of a stable financial
system. The City's tax exempt borrowing advantage provides us the
opportunity to issue indebtedness well below the commercial
market. During 1992 we have issued all our one year notes at or
below an effective rate of 3%, a rate at or below the current rate
of inflation. In view of the fact that we have managed to stay
below the five million dollar annual borrowing threshold permitted
by the 1986 tax act, our ability to invest and earn interest on
our debt service is not restricted by existing IRS arbitrage
regulations.
Department Budgets
Department Heads were instructed to submit budgets with no
increase in any lines except those salary increases required by
contracts. We met with each Department Head to discuss revision
of their budget requests and they are aware of (and in most cases,
accept) the adjustments that have been incorporated in the Mayor's
budget. Subsequent to these discussions, unlike previous years,
the Mayor has included in those budgets his recommended raises for
the nineteen individuals not covered by contracts. The total of
those raises represents an overall increase of 4 percent.
We appreciate the efforts of Department Heads to hold the line on
budgets while meeting the need to perform the essential services
that their departments provide to the City.
The Solid Waste Fund/Trash Tags
The solid waste collection and disposal activity in Tompkins
County continues to be in a state of flux. The County has changed
directions several times within the past fiscal period, and as we
have described previously, the City is a captive of the County's
decision making process. If we were to go our own way, and
disregard the County's program, we would still be subject to
paying, through various methods of taxation, for any mistakes
December 2, 1992
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and/or short-falls encountered by County government. We have,
therefore, attempted to cooperate and comply in every way with the
County's solid waste and recycling program.
In the process of preparing the 1992 City Budget, we were
confronted with the difficult task of projecting future trash tag
usage once the tipping fee skyrocketed from $62 to $145 per ton.
Based on prior activity, the Department of Public Works made a
diligent attempt to estimate what the drop in collectable refuse
tonnage would be, how the recycling program would be impacted, and
ultimately to estimate the number of 35 lb. and 20 lb. tags which
would be sold during 1992. In the interest of keeping the cost of
trash tags at a manageable level, the decision was made to set the
trash tag fees at $36.00 per sheet of 12 35 lb.tags, (from $13.00
per sheet in 1991) and $22.00 for a sheet of 12 20 lb tags, (from
$7.00 per sheet), While understanding full well, that nearly the
entire collection and disposal program was expected to be funded
through the sale of trash tags, and that the County would receive
$2.54 for each 35 lb. taken to the landfill, the Department was
relying on several operational factors to balance the Solid Waste
Budget.
Our experience has been that we had collected revenue for
considerably more refuse than had been transported to the
landfill. In other words, residents and business had been under-
filling bags and receptacles. For example, in 1991 we sold enough
trash tags to transport 6,750 ton of refuse to the landfill, while
we actually deposited and paid for 4,203 tons; a 61% differential.
If we had established the 1992 tag fee solely on the actual
tonnage expected to be collected, a sheet of 12 35 lb. tags would
have been $61.75 and 12 20 lb. tags $35.28. The problem was to
project how much existing habits would change. As it turned out
we erred in attempting to keep the tag fee too low while other
haulers in the County were charging 40 to 85 percent more than
City tag fees. The result has been a short-fall in our solid
waste budget.
With the adjustment of the tipping fee from $145 to $95 per ton
some haulers in the County may be able to reduce their higher fees
but in our case the actual cost of collection and disposal makes
it impossible to reduce our already low fees any further. Even so
we must reduce the cost of collection of garbage and recyclables.
The 1993 solid waste budget reflects a reduction of at least
three positions. We are contemplating a change in the collection
program from 5 to 4 days with the extra day being used for
collection of yard waste.
Even after making the above changes the 1993 solid waste budget
cannot be reduced enough to permit a reduction of tag fees. Even
though it may be difficult, we are committed to balance the solid
waste budget within the present fee structure.
In the area of recycling, we have agreed to terms and procedures
with Tompkins County for the provision of recycling services in
1993. In view of the fact that the County enacted a mandatory
recycling program in 1992, the City amended its long standing
local law to comply with the County Act. By doing so, the County
required that the City discontinue all recycling service to large
commercial users who receive refuse service from private haulers.
Effective January 1, 1993, the County will reimburse the City for
the cost of providing curb side recycling (including cardboard) to
all residential, small commercial entities (otherwise served by
City collection) and multiple dwellings including fraternities and
sororities (otherwise served by City collection).
We have reduced the cost of collecting recyclables significantly,
in order to operate within the contract limits agreed to by
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Tompkins County.
Sales Tax Projection
Based on sales tax received through October 31, 1992, plus our
actual receipts for November and December of 1991, the projected
total revenue of $5,363,836 would be $377,394 below the 1992
budget estimate of $5,743,230 and $256,805 below last year's
actual revenue of $5,620,640. Although the rate of inflation for
our region has remained between 3% and 3.5% during 1992, and
although we only projected an inflationary increase of 2.6% when
establishing the 1992 budget estimate, we are still running well
below the anticipated level. The primary difficulty in estimating
sales tax receipts is how to handle prior period adjustments. In
as much as the New York State sales tax distribution system is
based on monthly advance payments followed by quarterly
adjustments, followed by the possibility of ongoing adjustments
for an additional three years, projecting future receipts is no
easy task. The prescribed method is to compare audited quarters,
and not actual cash advances received. When the last four audited
quarters (October 1991 thru September 1992) totaling $5,469,977
with the previous four quarters (October 1990 thru September 1991)
totaling $5,401,490, only a 1.3% increase was realized. In prior
periods, our annual increase has consistently been 5%. Our 1992
estimate is exactly 5% above the last four audited quarters. The
short-fall is attributable to two major factors:
A. Prior Period Adjustments The last four quarters included
($106,141) in negative adjustments, while the previous four
quarters included $188,587 in positive adjustments. This
represents a $294,728 swing in audited receipts.
B. The Stagnant Economy In discussions with Sales Tax
Representatives in Albany regarding statewide sales tax trends we
have been told that the economy across the State is flat at best.
The traditional inflationary affects on sales tax are non-
existent under current conditions.
The sales tax projection for 1993 includes a share of the
additional 1% added by the County. Unfortunately under the bill
proposed by the County and approved by the State Legislature we
will receive no share of this added tax for the first six months
of its enactment and only half of the share that the City gets
from the other 3 percent of the County sales tax for the remaining
six months.
Uncertainties
Various other unknowns continue to complicate our budget
projection process. Areas which we expect to fluctuate are as
follows:
A.State Employee and Police and Fire Retirement Costs
The Retirement System has provided us with three differing
sets of projected rates within the past forty-five days, for the
December 15, 1993 billing. The uncertainty surrounding the
impending appeal of the unconstitutionality of the Projected Unit
Credit Funding method, which re-establishes the Aggregate method
of funding, is creating the turmoil. We have reflected the most
recent group of estimated rates in our 1993 Budget, which
encumbering 1992 and prior unexpended retirement appropriations in
anticipation of higher 1993 billings should the Court appeal be
settled next year.
B. Health Insurance Liability
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We have recommended that an additional Health Insurance
reserve portion of fund balance be established with unexpended
health insurance appropriations, in the interest of funding
potential exposure beyond our annual budget allocation for that
purpose. It is also our recommendation that an amount equal to
that which was expended to purchase stop-loss coverage be added to
that reserve annually, to insure the stability of our Health
Insurance program.
C. Workers Compensation Insurance
The estimated cost of Workers Compensation incorporated in
this Budget is based on 1992 New York State Insurance Department
established rates. The 1993 estimate is subject to adjustment in
July, retroactive to January. In 1992 the rates which affect the
City's premium increased by 18.4%. Additionally, we are subject
to an experience modification rating adjustment, which may exceed
100% thereby increasing our cost proportionately. In 1992 our
rating was set at 104%. The Budget estimates reflected in the
1993 Budget in all operating funds are subject to significant mid-
year retroactive adjustments and a yearend audit.
The impact of potential increases in the aforementioned line items
over and above 1993 estimated appropriations could be significant.
We therefore have to insure the retention of a realistic
unappropriated fund balance and reserved fund balance in the
interest of off-setting possible over-expenditures and revenue
short-falls in areas which are out of our control.
BUDGET AND ADMINISTRATION COMMITTEE:
* 14.1 Adoption of 1993 Budget
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, this Common Council has reviewed the Executive Budget as
proposed by Mayor Ben Nichols, and the Budget and Administration
Committee's recommendations for amending that proposed Executive
Budget, and
WHEREAS, this Common Council is now considering adoption of the
Amended Executive Budget for 1993 as approved by the Budget and
Administration Committee, and
WHEREAS, it is the consensus of this Common Council that the total
appropriations and estimated revenues, as set forth in said
Amended Executive Budget for 1993 and as those amounts may be
altered by action of this Common Council at its December 2, 1992
meeting, are adequate for the operation of the City during 1993;
now, therefore, be it
RESOLVED, That this Common Council accepts and approves said
Amended Executive Budget for 1993, together with any additional
changes made in said budget at Council's December 2, 1992 meeting
as the City of Ithaca Budget for 1993, in the total amount of
$31,272,964., and be it further
RESOLVED, That the following sections of the 1993 Budget be
approved:
A)General Fund Appropriations
B) Water Fund Appropriations
C)Sewer Fund Appropriations
D)Joint Activity Fund Appropriations
E) Solid Waste Fund Appropriations
F)General Fund Revenues
G)Water Fund Revenues
H)Sewer Fund Revenues
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I)Joint Activity Fund Revenues
J)Solid Waste Fund Revenues
K)Debt Retirement Schedule
L)Capital Projects
M)Schedule of Salaries and Positions - General Fund
N)Schedule of Salaries and Positions - Water and Sewer Fund
O)Schedule of Salaries and Positions - Joint Activity Fund
P) Schedule of Salaries and Positions - Solid Waste Fund
Q)Authorized Equipment - General Fund
R) Authorized Equipment - Water Fund
S) Authorized Equipment - Sewer Fund
T) Authorized Equipment - Joint Activity Fund
U) Authorized Equipment - Solid Waste Fund
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Golder
RESOLVED, That the position of Traffic Control Officer be deleted
from the proposed budget of the Police Department.
Extensive discussion followed on the floor with Police Chief
McEwen answering questions from Council members.
A vote on the Amending Resolution resulted as follows:
Ayes (2) - Golder, Booth
Nays (8) - Blanchard, Romanowski, Efroymson, Daley, Johnson,
Schroeder, Hoffman, Berg
Motion Fails
Amending Resolution
By Alderperson Efroymson: Seconded by Alderperson Hoffman
RESOLVED, That $20,500. be put in Restricted Contingency for the
purpose of funding a Traffic Control Officer for one-half a year
beginning July 1, 1993 and to reduce the Police budget by $20,500.
Discussion followed. The Mayor stated he believed this was a good
compromise and he would work closely with Police Chief McEwen to
see if this position could be worked out in different ways. If
this is not possible, Council would look at it again in June of
1993.
A vote on the Amending Resolution resulted as follows:
Ayes (7) - Efroymson, Hoffman, Berg, Schroeder, Golder,
Daley, Romanowski
Nays (3) - Booth, Johnson, Blanchard
Carried
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That $1,000 be restored to the Fingerlakes Association.
Ayes (4) - Romanowski, Daley, Johnson, Booth
Nays (5) - Hoffman, Efroymson, Golder, Berg, Schroeder
Abstention (1) - Blanchard
Motion Fails
Amending Resolution
By Alderperson Romanowski: Seconded by Alderperson Johnson
RESOLVED, That $33.00 be added for the Veteran's Day Parade and
$103.00 be added for Flag Day, for a total of $136.00 to restore
this funding to the amount the Human Services Committee
recommended.
December 2, 1992
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Ayes (4) - Booth, Blanchard, Johnson, Romanowski
Nays (6) - Efroymson, Daley, Schroeder, Golder, Hoffman, Berg
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That $3,000. be deleted from the Building Department
budget regarding cellular phones.
Ayes (3) - Booth, Golder, Berg
Nays (6) - Blanchard, Efroymson, Daley, Johnson, Schroeder,
Hoffman
Abstention (1) - Romanowski (conflict of interest)
Motion Fails
Amending Resolution
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That $2,500 be deleted from the Restricted Contingency
for the Tompkins Cortland Labor Coalition.
Discussion followed on the floor.
A vote on the Amending Resolution resulted as follows:
Ayes (4) - Booth, Blanchard, Romanowski, Daley
Nays (5) - Efroymson, Johnson, Schroeder, Golder, Hoffman
Abstention (1) - Berg (possible conflict of interest)
Motion Fails
Amending Resolution
By Alderperson Efroymson:
RESOLVED, That the pool of money be downgraded to 3% from 4% for
increases for top City official's salaries for the year 1993.
(Those individuals not covered by a bargaining unit).
The motion failed for lack of a second.
A vote on the 1993 Budget as Amended resulted as follows:
Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Booth,
Schroeder, Golder, Hoffman, Berg
Nay (1) - Johnson
Carried
* 14.2 Adoption of 1993 Tax Rate
By Alderperson Booth: Seconded by Alderperson Daley
WHEREAS, the 1993 City of Ithaca Budget was approved, adopted and
confirmed in the total amount of $31,272,964 on December 2, 1992,
in accordance with a detailed Budget on file in the Office of the
City Controller, and
WHEREAS, available and estimated revenues total $24,265,446
leaving $7,007,518 as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 1993, certified and filed by the
Assessment Department of Tompkins County, has been footed and
approved and shows the total net taxable valuation as
$880,120,318, and
December 2, 1992
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WHEREAS, under Charter provisions, the tax limit for City purposes
amount to $14,549,723 for 1993; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal
year 1993, be, and the same hereby is, established and fixed at
7.962 per $1,000 of taxable valuation as shown, certified and
extended against the respective properties on the 1993 Tax Roll,
thereby making a total tax levy, as near as may be, of $7,007,518,
and be it further
RESOLVED, That the amount of said tax levy be spread, and the same
hereby is levied upon and against the respective properties as
shown on said City Tax Roll, in accordance with their respective
net taxable valuation, at the rate of 7.962 per $1,000 of such
taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to
extend and apportion the City Tax as above, and that upon the
completion of the extension of said Roll, the City Clerk shall
prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized
and directed to sign and affix the corporate seal to such warrant
and forthwith to file the same with said Tax Roll with the City
Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and
Tax Roll with the City Chamberlain, the amounts of the City Tax
set opposite each and every property shall hereby become liens,
due, payable and collectible in accordance with provisions of the
City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $ 31,272,964 be appropriated in
accordance with the Budget adopted, to the respective Boards,
Offices and Departments of the City, for the purposes respectively
set forth therein. The 1993 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and
resulted in the following valuation:
Total Value of Real Property $ 2,067,486,769
Less: Value of Exempt Property $ 1,209,353,879
858,132,890
Plus: Value of Special Franchises $ 21,987,428
Net Value of Taxable Property $ 880,120,318
A vote on the Resolution resulted as follows:
Carried Unanimously
* 14.16 1993 Budget Directions
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, this Common Council has adopted the 1993 City of Ithaca
Municipal Budget, and
WHEREAS, it will be necessary throughout 1993 and beyond, to
exercise great caution in the expenditure of City tax monies and
to insure the collection of projected City revenues; now,
therefore, be it
RESOLVED, That effective January 1, 1993, no position for a City
employee that is vacant for any reason on or after said date shall
be filled unless and until the filling of that position is
approved by the Vacancy Review Committee, which committee shall
consist of the Mayor and the Chair and Vice Chair of the Budget
and Administration Committee, and
December 2, 1992
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That the Vacancy Review Committee shall work in conjunction with
the Controller, the Personnel Administrator, and the applicable
department head in determining whether or not to fill any vacant
position, and
That the Vacancy Review Committee shall not approve the filling of
any vacant position in the City government unless and until the
Committee determines either 1) that the filling of a particular
position is essential to the proper functioning of the City
government and/or essential to the protection of life and safety
of the residents of the City, and that such position must be
filled immediately; or 2) that the department in which a vacant
position exists proposes that the vacant position be filled and
that another position(s) be vacated and left vacant, and that the
department has the means available to accomplish these actions,
and
That the Vacancy Review Committee shall, when reviewing requests
to fill vacant positions, advise each department of its
affirmative action obligations, taking into consideration the
affirmative action employment data for the department in which the
vacancy exists, and be it further
RESOLVED, That if a department is below the Tompkins County labor
force percentage for the employment of minorities and/or women,
the Vacancy Review Committee shall withhold approval for filling a
vacancy until such time as the candidate pool includes a
reasonable number of competitively qualified minority and/or
female candidates, or until such time as the department head is
able to demonstrate to the Committee that a sincere and concerted
effort has been made to recruit or promote such candidates, and
That the Vacancy Review Committee shall require a department head
to return to the Committee prior to appointing his/her choice of
candidate, if the department is below the Tompkins County labor
force percentage for the employment of minorities and/or women,
and if, following the required recruitment or promotions efforts,
the department head does not intend to appoint a minority or
female candidate, and
That the Personnel Administrator or his/her delegate shall act as
liaison between the Affirmative Action Advisory Committee and the
Vacancy Review Committee for the purpose of aiding the Vacancy
Review Committee in evaluating the status of each City department
as it relates to affirmative action efforts and employment data,
and
That the Personnel Administrator or his/her delegate shall also be
available to assist department heads in evaluating their
departmental employment data and in planning recruitment
strategies, if necessary, and be it further
RESOLVED, That the Vacancy Review Committee shall require any and
all departments to submit information, plans or proposals
regarding the reduction of personnel costs throughout 1993 and in
future years, and
That the Vacancy Review Committee shall report all of its actions
at least once each month to Common Council, and
That Common Council shall retain authority to consider and decide
any matter that has been, or might be, reviewed by the Vacancy
Review Committee, and
December 2, 1992
13
That the Vacancy Review Committee shall have authority to refer
any matter subject to its review to the full Common Council for
its decision, and
That the Vacancy Review Committee shall have authority to adopt
such reasonable procedures, including but not limited to setting
meeting dates and agendas and requiring the submission of
documentation relative to any request to fill a vacancy as it
deems necessary to carry out its authority under this resolution,
and be it further
RESOLVED, That Common Council directs the Board of Public Works to
establish the appropriate fees needed in the following accounts
and/or to take other appropriate steps to insure that the
projected revenues in the 1993 City of Ithaca Budget are raised as
established:
Revenue Account A1720, Parking Lots and Garages and A1740, Metered
Parking, established in the amounts of $600,000 and $385,000 for
1993;
Revenue Account A2050, Golf Course, charges established in the
amount of $137,000 for 1993;
Revenue Account A2560, Street Opening Permits, be reviewed for
possible increase, and be it further
RESOLVED, That Common Council directs the Board of Public Works to
establish appropriate fees for City residents and non-residents
for the City Golf Course.
A vote on the resolution resulted as follows:
Carried Unanimously
City Controller Cafferillo thanked the Mayor and Common Council
for their understanding and cooperation in recognizing our fiscal
constraints and taking the actions necessary to allow us to
operate within our ability to spend.
Mayor Nichols thanked the Controller and his Deputy and each
Council member as well as all Department heads for all their hard
work on this budget.
Recess
Common Council recessed at 8:55 p.m. and reconvened in regular
session at 9:10 p.m.
* 14.3 Police Department - Request to Standardize on Telephone
System
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, uniformity, compatibility, economics and
security to approve the standardization of an All-Mode
Communications Inc. Police/Court Telephone System for the Police
Department's telephone system, and
WHEREAS, a significant capital investment has been made in
existing telephone equipment which were designed to operate with
an All-Mode Communications telephone system; 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 hereby authorizes the standardization of an All-Mode
Communications Inc. Police/Court telephone system as the type of
December 2, 1992
14
telephone system to be used and purchased by the City of Ithaca
Police Department.
Ayes (9) - Booth, Blanchard, Efroymson, Daley, Johnson, Berg,
Golder, Hoffman, Schroeder
Abstention (1) - Romanowski (conflict of interest)
Carried
* 14.4 DPW - Request to Approve Brick Contract
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Landmarks Preservation Commission has issued to
Fahs-Ralston Paving of Binghamton, New York a certificate of
appropriateness for the use of approximately 900 historical used
bricks to construct a crosswalk at Balch Hall on the Cornell
Campus; now, therefore, be it
RESOLVED, That the Common Council approves the agreement made
between the City and Fahs-Ralston Paving for the sale of these
bricks and authorizes the Superintendent of Public Works to sign
the agreement.
Carried Unanimously
* 14.5 DPW - Request to Amend Joint Activity Capital Project
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, Common Council approved, at their August 5, 1992 meeting,
a Joint Activity Capital Project for the Kline Road Sewer Relief
Project in the amount of $100,000., and
WHEREAS, the SJS has determined the actual cost of the Kline Road
Sewer Relief Project to be $200,000.; now, therefore, be it
RESOLVED, That the established Kline Road Sewer Relief Joint
Activity Capital Project be amended by $100,000. for a total
project budget in an amount not to exceed $200,000., and be it
further
RESOLVED, That the funding for said project shall be provided by
and allocated to each owner at 45% City of Ithaca, 45% Town of
Ithaca, and 10% Town of Dryden as proposed by the SJS, and be it
further
RESOLVED, That the City's share of $90,000 be derived from Capital
Reserve #17 for sewer construction.
Carried Unanimously
* 14.6 Planning Department - Request Approval of Carpenter
Business Park Lease Proposal
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City developed Carpenter Business Park to implement
the goals of creating new and retaining existing jobs in the City,
promote new research, development and light manufacturing firms
and to encourage local firms to remain in the area by providing
fully developed land at below market cost, and
WHEREAS, Digicomp Research Corporation, a local firm started
fifteen years ago and housed in leased facilities at several
locations in the City has expressed a desire to lease a 1.67 acre
site in Carpenter Business Park where it intends to construct a
12,000 square foot facility, and
WHEREAS, under a separate lease agreement Digicomp desires to
lease an adjoining .53 acre site for future expansion, and
December 2, 1992
15
WHEREAS, both leases have performance clauses whereby if these
sites are not developed within a specified period of time the
sites revert to the City, and
WHEREAS, the general terms of these leases are consistent with the
leasing policy established by the Common Council on December 5,
1990 with one exception regarding Digicomp's ability to purchase
the site before the twentieth year, and
WHEREAS, the ability to purchase is key to Digicomp's decision to
move forward with final lease negotiations; now, therefore, be it
RESOLVED, That Digicomp Research Corporation is an acceptable
tenant for Carpenter Business Park, and be it further
RESOLVED, That Common Council approves the concept of allowing
purchase of these sites prior to twenty years on the basis of a
schedule of values that establishes a relationship between the
time the site is purchased and the market value of the site such
that the earlier the site is purchased the closer to market value
the purchase price will be, and be it further
RESOLVED, That staff is authorized to negotiate the final terms of
the proposed leases with Digicomp, such terms to be subject to
approval by the Common Council and I.U.R.A.
Discussion followed on the floor with regard to the type of
businesses that may wish to locate in this Industrial Park.
A vote on the resolution resulted as follows:
Carried Unanimously
* 14.7 Planning Department - Request Funding for Appraisal
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the Planning and Public Works Departments have
recommended that two properties, i.e. the two City-owned
properties on Franklin Street, be appraised in connection with the
Department of Public Works Consolidation Project; now, therefore,
be it
RESOLVED, That the Planning Department is hereby authorized to
enter into an agreement for the preparation of said property
appraisals, and be it further
RESOLVED, That an amount not to exceed $1,600. be advanced from
Capital Reserve #25 for Capital Improvement Planning and Design to
Capital Project #245 DPW Consolidation Study, pending the issuance
of indebtedness for possible land acquisition, facility
construction or planning purposes.
Carried Unanimously
* 14.8 City Attorney - Request to Hire Confidential Secretary
Above Step 1
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Cindy Vicedomini be hired for the Confidential
Secretary position in the Attorney's Office at an annual salary
for 1993 of $16,735., that being Step 6 on the 1992 Compensation
Plan for confidential employees, effective January 4, 1993.
Carried Unanimously
* 14.9 Finance/Controller - Request to Hire Administrative
Secretary
By Alderperson Booth: Seconded by Alderperson Romanowski
WHEREAS, the Finance Department shall have an open Administrative
December 2, 1992
16
Secretary position as a result of Barbara Ruane's impending
retirement, and
WHEREAS, Carol Shipe, who is currently an Administrative Secretary
in the Building Department, has requested to be considered for a
lateral transfer to fill said position; now, therefore, be it
RESOLVED, That Carol Shipe be hereby appointed to the position of
Administrative Secretary in the Finance Department at an annual
salary of $23,937., effective December 14, 1992, and be it further
RESOLVED, That the Administrative Secretary position in the
Finance Department be changed from a 35 hour position to a 40 hour
position, also effective December 14, 1992.
Carried Unanimously
* 14.10 Building Department - Request to Approve Promotional
Appointment Administrative Secretary
Alderperson Booth requested that this matter be addressed in an
Executive Session at the end of the meeting.
No Council member objected.
* 14.11 Finance/Chamberlain - Request to Add Names to Safe
Deposit Box
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, that Connie Nelson and Marna McNeal be and hereby are
authorized to access the safe deposit box number 1364 at Tompkins
County Trust Company.
Carried Unanimously
* 14.12 Finance/Chamberlain - Request to Send Notice With 1993
Tax Bills
By Alderperson Booth: Seconded by Alderperson Berg
RESOLVED, That the City Chamberlain is authorized to mail a notice
of tax due dates and penalties with the 1993 City Tax First
Installment.
Carried Unanimously
* 14.13 Finance/Controller - Request to Standardize on Parking
Meter Equipment
By Alderperson Booth: Seconded by Alderperson Berg
WHEREAS, it is deemed to be in the best interest of the City for
reasons of efficiency, compatibility and economics to approve the
standardization of Pom parking meter equipment for the City of
Ithaca's parking meters, and
WHEREAS, a significant capital investment has been made in
existing parking meter equipment which were designed to operate
with Pom parking 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 hereby authorizes the standardization of Pom parking meter
equipment as the type of equipment to be used and purchased by the
City of Ithaca Department of Public Works.
Carried Unanimously
* 14.14 Audit
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the bills presented, as listed on Audit Abstract
December 2, 1992
17
#21/1992 in the total amount of $6,676.82 be approved for payment.
Carried Unanimously
* 14.15 Employee Appreciation
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City enacted Local Law No. 7 of 1992 establishing a
retirement incentive program for eligible employees, commencing
September 15, 1992, and
WHEREAS, Barbara C. Ruane and S. Frank Gombas have opted to take
advantage of said program, and are scheduled to retire
from City service effective December 11, 1992, and
WHEREAS, Barbara C. Ruane and S. Frank Gombas have provided the
City of Ithaca with dedicated service for 17 and 33 years
respectively; now, therefore, be it
RESOLVED, That the Mayor and Common Council hereby express their
sincere appreciation to both of these employees for their faithful
service, and wish them continued good health and enjoyment of
their retirement.
Carried Unanimously
PLANNING AND DEVELOPMENT COMMITTEE:
* 15.1 An Ordinance Amending Sections 325-3.B, 325-9.B and 325-8
of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal
Code, Regarding Group Care Residences - Call for Public Hearing
By Alderperson Schroeder: Seconded by Alderperson Johnson
RESOLVED, That Ordinance No. ___ entitled "An Ordinance Amending
Sections 325-3.B, 325-9.B and 325-8 of Chapter 325 Entitled
`Zoning' of the City of Ithaca Municipal Code", regarding Group
Care Residences, is hereby introduced before Common Council of the
City of Ithaca, New York; and be it further
RESOLVED, That the Common Council shall hold a public hearing in
the matter of the adoption of the aforesaid Ordinance to be held
at the Common Council Chambers, City Hall, 108 East Green Street,
in the City of Ithaca, New York, on Wednesday, January 6, 1993, at
7:00 p.m.; and be it further
RESOLVED, That the City Clerk shall give notice of such public
hearing by the publication of notice in the official newspaper,
specifying the time when and the place where such public hearing
will be held, and in general terms described in the proposed
ordinance. This notice shall be published once at least fifteen
(15) days prior to the public hearing; and be it further
RESOLVED, That the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
Board true and exact copies of the proposed Zoning Ordinance for
their reports thereon.
Carried Unanimously
Following is the Ordinance to be considered:
AN ORDINANCE AMENDING SECTIONS 325-3.B, 325-9.B AND 325-8 OF
CHAPTER 325 ENTITLED "ZONING" OF THE CITY OF ITHACA MUNICIPAL
CODE, REGARDING GROUP CARE RESIDENCES
WHEREAS, the current City zoning ordinance contains regulations
concerning the location and special conditions of Group Care
Residence facilities which are licensed, certified or otherwise
authorized by a State health or welfare agency, and
WHEREAS, there are currently State and Federal regulations
regarding the siting of licensed, certified, or authorized Group
December 2, 1992
18
Care Residences, and an opportunity for comment by the City in the
selection of the location of such homes within the City, and
WHEREAS, The City Attorney's Office has extensively researched the
issue and has determined that the State law preempts the City's
authority to regulate the location and special conditions
concerning Group Care Residences except through the comment
process employed by the State site selection process and
recommends deletion of the City regulations to eliminate any
possible confusion as to the City's rights in the matter; now,
therefore, be it
RESOLVED, That Chapter 325 entitled "Zoning" be modified by the
deletion of the definition of "Group Care Residence", Subsection
325-3.B Definitions, and be it further
RESOLVED, That the first paragraph of Subsection 325-9.B be
amended to read as follows:
"Special conditions. The Building Commissioner shall approve the
followings use[s] only when the special conditions specified in
this subsection have been met:", and
RESOLVED, That Subsection 325-9.B(1), Special Conditions for Group
Care Residences be deleted in its entirety, and the Subsection
following be renumbered, and be it further
RESOLVED, That the Districts Regulation Chart authorized by
Section 325-8 be amended to delete "permitted by special
conditions ... Group Care Residences ... from Column 2 in Zones R-
1, R-2, R-3, and R-U, and the remaining uses described in Column 2
of these zones be renumbered.
New City Master Plan - Report
Alderperson Schroeder reported that the Planning Committee and
Planning Board met jointly in November to discuss the possibility
of a new City Master Plan.
CHARTER AND ORDINANCE COMMITTEE:
* 17.1 An Ordinance Amending Chapter A352 of the Municipal Code
of the City of Ithaca Entitled "Commons Operations Manual and
Vending Cart Regulations"
By Alderperson Hoffman: Seconded by Alderperson Berg
WHEREAS, the Common Council of the City of Ithaca has determined
that the Ithaca Festival is a unique and important activity for
the City of Ithaca, and
WHEREAS, it is necessary for the proper operation and
administration of the Ithaca Festival that the Ithaca Festival be
able to charge vendors for food and other merchandise for space on
or near the Ithaca Commons during the Ithaca Festival;
now, therefore, the Common Council introduces the following:
ORDINANCE NO. 92 -
AN ORDINANCE AMENDING CHAPTER A352 OF THE MUNICIPAL CODE OF THE
CITY OF ITHACA ENTITLED "COMMONS OPERATIONS MANUAL AND VENDING
CART REGULATIONS"
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
SECTION 1. That a new Section to be known and designated as
December 2, 1992
19
Section A352-14 titled "Ithaca Festival" is hereby added to said
Chapter to read as follows:
"A352-14. Ithaca Festival. Notwithstanding the above,
annual or seasonal permits to sell on the Commons or to operate
mobile vending carts, granted pursuant to this Chapter, shall
exclude days on which it is expected that the Ithaca Festival will
take place on the Ithaca Commons."
SECTION 2. This Ordinance shall take effect immediately.
Carried Unanimously
* 17.2 Center Ithaca Atrium Agreement
By Alderperson Hoffman: Seconded by Alderperson Daley
WHEREAS, Center Ithaca Associates has filed for protection from
its creditors under Chapter 11 of the Bankruptcy Code to allow it
to propose a reorganization plan that will allow it to restructure
its debt relative to the income it is able to generate in this
market, and
WHEREAS, Center Ithaca has developed and filed with the Bankruptcy
Court a reorganization plan to restructure all its debt in a
fashion that it believes will create a more financially stable
Center Ithaca, and
WHEREAS, as part of its reorganization plan, Ithaca Center
Associates has rejected and disavowed the existing "Operating and
Reciprocal Agreement" regarding the Center Ithaca Atrium, and
WHEREAS, Center Ithaca Associates has in its reorganization plan
agreed to negotiate an amended agreement regarding the Center
Ithaca Atrium, and
WHEREAS, such negotiations have taken place and a proposed Center
Ithaca Atrium Redesign Agreement has been drafted; now, therefore,
be it
RESOLVED, That the City approves the modified atrium agreement and
the Mayor is authorized to execute the Center Ithaca Atrium
Redesign Agreement. (Version drafted on November 16, 1992 and
attached to the Minute Book).
Alderperson Hoffman gave background information on the resolution.
Discussion followed on the floor on the Atrium redesign.
A vote on the resolution resulted as follows:
Carried Unanimously
Revised Curfew Ordinance - Report
Alderperson Hoffman reported that at the next Charter and
Ordinance Committee meeting on December 10, there will be a public
hearing on the issue of the City's curfew for persons under
sixteen.
NEW BUSINESS:
Strand Theater Final Environmental Impact Statement
Planning and Development Director VanCort referred to a memo,
dated December 2, 1992, from Leslie Chatterton that was sent to
members of Common Council and the Mayor regarding the Strand
Theater Final Environmental Impact Statement.
Leslie Chatterton.
Mr. VanCort stated that if the Council acts on this matter
December 2, 1992
20
tonight, the consultant can complete the final EIS within
approximately two weeks which would make it ready for the Planning
and Development Committee meeting on December 21.
Discussion followed on the floor on this time table for completion
of the FEIS.
Resolution
By Alderperson Blanchard: Seconded by Alderperson Schroeder
RESOLVED, That the Common Council enter into an appropriate
contractual arrangement with L.A. Group from Saratoga Springs to
complete the FEIS on the Strand Theater for an amount not to
exceed $5,500 for services and $500.00 for reimbursable expenses.
Further discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Blanchard, Romanowski, Efroymson, Daley, Booth,
Johnson, Schroeder, Hoffman, Berg
Nay (1) - Golder
Carried
Executive Session
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the Common Council adjourn into Executive Session
to discuss a personnel matter.
Carried Unanimously
Regular Session
The Common Council reconvened in regular session and offered the
following resolution:
Resolution
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That Kathleen Boyd be provisionally appointed to the
position of Administrative Secretary in the Building Department at
$20,477., which is Step 5 on the 1992 compensation schedule for
confidential employees not covered by a union, effective December
14, 1992.
Carried Unanimously
Mayor Nichols announced that there will not be a Committee of the
Whole meeting on December 30, 1992.
ADJOURNMENT:
On a motion the meeting adjourned at 10:15 p.m.
Callista F. Paolangeli Benjamin Nichols
City Clerk Mayor