Loading...
HomeMy WebLinkAboutMN-CC-1994-01-05January 5, 1994 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 P.M. January 5, 1994 PRESENT: Mayor Nichols Alderpersons (9) - Johnson, Shenk, Gray, Booth, Schroeder, ABSENT: Alderperson - Thorpe (excused) OTHERS PRESENT: City Clerk - Paolangeli City Attorney - Guttman Superintendent of Public Works - Gray Planning and Development Director - VanCort Deputy City Controller - Thayer Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves Building Commissioner - Eckstrom Police Chief - McEwen Planning and Development Deputy Director - Sieverding Deputy Fire Chief - Dorman Fire Chief - Wilbur PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the December 1, 1993 Common Council Meeting Mayor Nichols requested that the approval of the Minutes of the December 1, 1993 Common Council meeting be postponed until the February 2, 1994 Common Council meeting. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Human Services Committee Alderperson Johnson requested that a report on the Human Services Committee achievements be added to the agenda. No Council member objected. SPECIAL ORDER OF BUSINESS: Public Hearing to Consider the Sale of 123 South Cayuga Street (the City Hall Annex) Resolution to Open Public Hearing By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider the sale of 123 South Cayuga Street (City Hall Annex) be declared open. Carried Unanimously City Attorney Guttman explained that the City is in negotiations for the proposed sale of the City Hall Annex. No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Efroymson: Seconded by Alderperson Johnson RESOLVED, That the Public Hearing to consider the sale of 123 South Cayuga Street (City Hall Annex) be declared closed. Carried Unanimously MAYOR'S APPOINTMENTS: Board of Public Works Mayor Nichols requested Council approval for the reappointment of Carol C. Reeves, 303 Linn Street and Denise Rusoff, 209 Hudson January 5, 1994 Street, to the Board of Public Works with terms to expire December 31, 1996. Resolution By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the re-appointment of Carol C. Reeves and Denise Rusoff to the Board of Public Works with terms to expire December 31, 1996. Carried (9-0) Bicycle Advisory Council Mayor Nichols requested Council approval for the re-appointment of Lois Chaplin, 7 Penny Lane, with a term to expire December 31, 1996; the appointment of Patricia Karr-Segal, 905 North Tioga Street, with a term to expire December 31, 1996; and the appointment of Thomas Shevory, 422 North Titus Avenue, with a term to expire December 31, 1995. Resolution By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That this Council approves the re-appointment of Lois Chaplin to the Bicycle Advisory Council with a term to expire December 31, 1996 and the appointment of Patricia Karr-Segal and Thomas Shevory to the Bicycle Advisory Council with terms to expire December 31, 1996 and December 31, 1995 respectively. Carried (9-0) Board of Appeals on Building Code Mayor Nichols requested Council approval for the re-appointment of Charles R. Wilson, 412 West State Street, to the Board of Appeals on Building Code, with a term to expire December 31, 1996. Resolution By Alderperson Efroymson: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the re-appointment of Charles R. Wilson to the Board of Appeals on Building Code with a term to expire December 31, 1996. Carried (9-0) Board of Zoning Appeals Mayor Nichols requested Council approval for the re-appointment of Constance R. Thomas, 114 Delaware Avenue and Franklin Moore, 116 Dearborn Place, to the Board of Zoning Appeals with terms to expire December 31, 1996. Resolution By Alderperson Gray: Seconded by Alderperson Shenk RESOLVED, That this Council approves the re-appointment of Constance R. Thomas and Franklin Moore to the Board of Zoning Appeals with terms to expire December 31, 1996. Carried (9-0) The Cable Commission Mayor Nichols requested Council approval for the re-appointment of James A. Ferwerda, 312 First Street and for the appointment of Helen Grimm, 800 South Plain Street, to The Cable Commission, with terms to expire December 31, 1998 and December 31, 1995 respectively. Resolution By Alderperson Johnson: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the re-appointment of James A. Ferwerda and the appointment of Helen Grimm to The Cable Commission with terms to expire December 31, 1998 and December 31, 1995 respectively. Carried (9-0) January 5, 1994 Conservation Advisory Council Mayor Nichols requested Council approval for the re-appointment of Peter McDonald, 1110 North Tioga Street; the re-appointment of Rob Shapiro, 313 Columbia Street; and the appointment of Daniel Hoffman, 607 North Tioga Street, to the Conservation Advisory Council with terms to expire December 31, 1995. Resolution By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That this Council approves the re-appointment of Peter McDonald and Rob Shapiro and the appointment of Daniel Hoffman to the Conservation Advisory Council with terms to expire December 31, 1995. Carried (9-0) Design Review Board Mayor Nichols requested Council approval for the re-appointment of William S. Downing, 215 North Cayuga Street and Douglas Look, 105 Cascadilla Park, to the Design Review Board with terms to expire December 31, 1996. Resolution By Alderperson Sams: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the re-appointment of William S. Downing and Douglas Look to the Design Review Board with terms to expire December 31, 1996. Carried (9-0) Disability Advisory Council Mayor Nichols requested Council approval for the appointment of Tina Champion, 324 Spencer Road, and John Ives, 512 Miller Road, Newfield, to the Disability Advisory Council with terms to expire June 30, 1996 and June 30, 1995. Resolution By Alderperson Sams: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the appointment of Tina Champion and John Ives to the Disability Advisory Council with terms to expire June 30, 1996 and June 30, 1995, respectively. Carried (9-0) Examining Board of Electricians Mayor Nichols requested Council approval for the re-appointment of Joseph A. Kohm, 313 Warren Place, and the appointment of Tom Blecher, 313 Utica Street, to the Examining Board of Electricians, with terms to expire December 31, 1996 and December 31, 1995. Resolution By Alderperson Johnson: Seconded by Alderperson Hanna RESOLVED, That this Council approves the re-appointment of Joseph A. Kohm and the appointment of Tom Blecher to the Examining Board of Electricians with terms to expire December 31, 1996 and December 31, 1995, respectively. Carried (9-0) Ithaca Landmarks Preservation Commission Mayor Nichols requested Council approval for the re-appointment of Mary R. Tomlan, 200 Delaware Avenue and Stephen Somogy, 413 Linn Street to the Ithaca Landmarks Preservation Commission with terms to expire December 31, 1996. Resolution By Alderperson Efroymson: Seconded by Alderperson Mackesey January 5, 1994 RESOLVED, That this Council approves the re-appointment of Mary R. Tomlan and Stephen Somogy to the Ithaca Landmarks Preservation Commission with terms to expire December 31, 1996. Carried (9-0) Ithaca Landmarks Preservation Commission Mayor Nichols requested Council approval for the appointment of Robert Doherty, 314 Taylor Place, to the Ithaca Landmarks Preservation Commission, with a term to expire December 31, 1996. Resolution By Alderperson Efroymson: Seconded by Alderperson Mackesey RESOLVED, That this Council approves the appointment of Robert Doherty to the Ithaca Landmarks Preservation Commission, with a term to expire December 31, 1996. Ayes (7) - Mackesey, Shenk, Sams, Efroymson, Schroeder, Nays (2) - Booth, Johnson Carried (7-2) Alderpersons Booth and Johnson noted that their dissent has nothing to do with Mr. Doherty but is in support of a current Board member. Mayor Nichols stated for the record that this appointment has nothing whatsoever to do with a lack of competence or any lack of appreciation for the work of the outgoing Board member, who has served for many years. He feels that membership on Boards should keep rotating to some extent. Parks Commission Mayor Nichols requested Council approval for the re-appointment of Nina Bassuk, 1345 Mecklenburg Road; Margaret Hobbie, 966 East State Street; and Leilani B. Peck, 516 Chestnut Street, to the Parks Commission with terms to expire December 31, 1996. Resolution By Alderperson Johnson: Seconded by Alderperson Gray RESOLVED, That this Council approves the re-appointment of Nina Bassuk, Margaret Hobbie and Leilani B. Peck to the Parks Commission with terms to expire December 31, 1996. Carried (9-0) Community Police Board Mayor Nichols requested Council approval for the following: Re-appointment Robert Sarachen 103 West Seneca Street Term expires December 31, 1996 Re-appointment Carol Seligmann 115 Eastwood Terrace Term expires December 31, 1996 Appointment Rev. William W. Johnson 114 Third Street Term expires December 31, 1995 Appointment Regi Teasley 207 South Titus Avenue Term expires December 31, 1996 Appointment Camilla Lappin Lisbe 837 North Aurora Street Term expires December 31, 1994 Resolution By Alderperson Johnson: Seconded by Alderperson Efroymson January 5, 1994 RESOLVED, That this Council approves the re-appointments and appointments to the Police Community Board with terms to expire as noted. Carried (9-0) Shade Tree Advisory Committee Mayor Nichols requested Council approval for re-appointment of Nina Bassuk, 1345 Mecklenburg Road, and Mary Ellen Rossiter, 316 North Geneva Street, to the Shade Tree Advisory Committee, with terms to expire December 31, 1996. Resolution By Alderperson Hanna: Seconded by Alderperson Schroeder RESOLVED, That this Council approves the re-appointment of Nina Bassuk and Mary Ellen Rossiter to the Shade Tree Advisory Committee with terms to expire December 31, 1996. Carried (9-0) Rental Housing Advisory Commission Mayor Nichols requested Council approval for the following new appointments to the Rental Housing Advisory Commission: Charles Johns (landlord) 138 Honness Lane (non-res) Term expires December 31, 1996 Dennis Merryfield (tenant) 311 Turner Place Term expires December 31, 1996 Shari Woodward (non-profit, tenant) 528 West Buffalo Street Term expires December 31, 1996 W. Pearce Brown (tenant) 316 East Court Street Term expires December 31, 1995 Jane Schafrik (landlord) 1491 Trumansburg Road Term expires December 31, 1995 Charles G. Woodcock 406 East Marshall Street Term expires December 31, 1995 Robyn Jenks (tenant, non-res.) 278 Hayts Road Term expires December 31, 1994 Carl Kadlic (non-profit, tenant) 110 Dryden Road Term expires December 31, 1994 George Musser (tenant) 440 East Buffalo Street Term expires December 31, 1994 Resolution By Alderperson Schroeder: Seconded by Alderperson Hanna RESOLVED, That this Council approves the appointments to the Rental Housing Advisory Commission as listed above, with terms to expire as noted. Carried (9-0) City Prosecutor Mayor Nichols announced that he has appointed Linda Falkson, 405 Salem Drive, as City Prosecutor with a term to expire December 31, 1995. Housing Board of Review Mayor Nichols announced that he has appointed the following to the Housing Board of Review: Re-appointment Charette Wheelis 307 Fairmount Avenue Term expires December 31, 1996 Re-appointment Alvin Nelson 502 South Albany Street Term expires December 31, 1994 Appointment: Stephen G. Wilson 433 North Geneva Street Term expires December 31, 1996 January 5, 1994 Planning and Development Board Mayor Nichols announced that he has appointed Carolyn Peterson, 406 East Buffalo Street, to the Planning and Development Board, with a term to expire December 31, 1996. Youth Bureau Advisory Council Mayor Nichols announced that he has re-appointed Heather M. Tallman, 317 Richard Place and M. John Sherman, 205 Hillview Place to the Youth Bureau Advisory Council, with terms to expire December 31, 1996. Common Council Committees Mayor Nichols announced his assignments to the following committees of Council: Budget and Administration Youth Booth (Chair) Shenk (Chair) Gray Efroymson Johnson Hanna Shenk Sams Nichols (ex officio) Nichols (ex officio) Staff: Controller Staff: Youth Bureau Director Planning Inter-Institutional Schroeder (Chair) Efroymson (Chair) Mackesey Booth Sams Hanna Thorpe Thorpe Nichols (ex officio) Nichols(ex officio) Staff: Planning Director Staff: City Attorney Economic Development Mackesey (Chair) Gray Johnson Schroeder Nichols (ex officio) Staff: Deputy Planning Director PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Mr. Alan Cohen, 224 East State Street, welcomed new Alderpersons and presented all Alderpersons with the book "Reinventing Government". REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Commissioner Reeves reported to Council on the following: Parking Change - On December 8 the Board passed a resolution for a parking change in the 300 block of Columbia Street. The designation was for "No parking from 9 a.m. to Noon" to help relieve congestion for the residents. Unitarian Church Request - The Unitarian Church requested that they be able to bag meters on Sunday mornings in order to have handicapped accessible spaces available to them for their Sunday morning church services and the Board granted that request. Downtown Ithaca Inc. Request - The Downtown Ithaca Inc. requested that the Board establish an additional exit out of the Seneca Street Parking Ramp two weeks prior to Christmas to alleviate the traffic jams leaving from the Tioga Street exit. The Board granted the request and opened the exit on the Seneca Street side and it worked very well. All Way Stop Signs - As a result of the Board's decision to aid pedestrian crossing, the Board passed a resolution to place an All-Way Stop sign at South Plain Street and South Titus Avenue. January 5, 1994 Parking at the Strand Theatre Site - On December 22, 1993, the Board passed a resolution authorizing the Mayor to work out an agreement with RHP for parking at the Strand Theatre site. The lot is currently set up for two hour parking during the day, with no parking from 2 a.m. til 6 a.m. Discussion followed regarding the parking lot at the Strand Theatre site and Commissioner Reeves answered questions from Council members. Disability Advisory Council Jessica Skinges, a member of the Disability Advisory Council, welcomed the new Council members and stated that the DAC is looking forward to working with the new liaison, Diann Sams. PLANNING AND DEVELOPMENT COMMITTEE: * 15.1 An Ordinance Amending Section 325-47 Entitled "Penalties for Offenses" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code - Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Efroymson RESOLVED, That Ordinance No. 94- entitled "An Ordinance Amending Article X Section 325.47.A" of Chapter 325 entitled 'Zoning' of the City of Ithaca Municipal Code regarding responsibility for penalties for violation of the provisions of the Zoning Ordinance is introduced before the 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 in 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, February 2, 1994, 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. Alderperson Schroeder explained the proposed ordinance. Carried (9-0) The ordinance to be considered shall be as follows: ORDINANCE NO. 94 ---- An Ordinance Amending Article X Section 325.47.A RESOLVED, That Section 325-47.A. of the Municipal Code (Zoning) be amended to read as follows: If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless otherwise provided herein. January 5, 1994 * 15.2 A Local Law Amending Section 325-41 Entitled "Board of Appeals; Variances" of Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code -Call for Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That Local Law No. 1 of the year 1994 amending Section 325.41 of the City of Ithaca Municipal Code regarding the Zoning Board of Appeals and the granting of variances by the Zoning Board of Appeals is introduced before the 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 in the aforesaid local law to be held at the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, February 2, 1994, at 7:00 p.m. and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed local law. Such notice shall be published once at least fifteen days prior to the public hearing. RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins County Planning Board a true and exact copy of the proposed local law for its report thereon. The Local Law to be considered shall be as follows: Local Law No. 1 of the year 1994 City of Ithaca A local law amending Section 325-41 of the City of Ithaca Municipal Code regarding the Zoning Board of Appeals and the granting of variances by the Zoning Board of Appeals. WHEREAS, the State of New York by Chapter 208 of the Laws of 1993, among other things, amended the General City Law in relation to Zoning Boards of Appeals and repealed and amended certain provisions of the General City Law relating thereto; and WHEREAS, Chapter 208 amended the General City Law by adding a new section 81-e which provides that the provisions of Article 5-A entitled "Buildings and use Districts" shall not apply to any city having a population in excess of 1,000,000, except that any such city may, by local law, provide that the article or any section thereof may apply to such city. Accordingly, Chapter 208 and Article 5-A of the General City Law are not a general laws but rather special law, which, pursuant to the Municipal Home Rule Law, the city has the right and authority to supersede; and WHEREAS, Section 81 of the General City Law, as amended, relates to the organization, appointment, number of members and duties of Zoning Boards of Appeals; and WHEREAS, Section 81-b of the General City Law, as amended sets forth the powers and duties permitted by the Zoning Board of Appeals, specifies that the Zoning Board of Appeals may grant use or area variances, and identifies circumstances under which variances may be granted; and WHEREAS, the current Zoning Board of Appeals of the City of Ithaca and this Council have reviewed Section 81 and Section 81-b of the General City Law, as amended, and believe that, considering the special circumstances of the City of Ithaca, that it would be consistent with the best interest of the City of Ithaca to supersede certain sections of Section 81 and of Section 81-b; and WHEREAS, in particular, considering the fact that this Council takes great interest in the make up of Boards and Commissions, January 5, 1994 this Council believes that it would be in the best interest of the City of Ithaca if members of the Zoning Board of Appeals were appointed and vacancies in the Zoning Board of Appeals were filled by the Mayor with the consent of Common Council as apposed to being filed by the Mayor as provided in Sections 81(1) and 81(7) of the General City Law; and WHEREAS, in particular, considering that members of the Zoning Board of Appeals are highly qualified individuals and often professionals, that it would be in the best interest of the City of Ithaca if the Chairperson of the Zoning Board of Appeals was to be elected by the Zoning Board of Appeals as opposed to being designated by the mayor as provided in Section 81(1) of the General City Law; and WHEREAS, in particular, considering that there are many Boards and Commissions in the City of Ithaca and considering that service on the Zoning Board of Appeals requires a significant time commitment, that the City would have better success in recruiting the most qualified persons to serve on the Zoning Board of Appeals if the term of office were less than five years and that therefore, it would be in the best interest of the City of Ithaca if the term of office for members on the Zoning Board of Appeals were three years; and WHEREAS, in particular, considering that this Council has, by ordinance no 91-14, and on October 2, 1991 by Ordinance No. 91-18 provided that if the Zoning Board of Appeals grants an area or use variance which requires construction for which a building permit is necessary and the construction has not been initiated or completed within a specified period of time that the variance should become void and Council now believes that such provisions regarding the expiration of variances are in public interest even though such provisions are not included in Chapter 208 of the laws of 1993; and WHEREAS, in particular, considering that this Council has, in an attempt to encourage development which would produce a positive change in the character of neighborhoods; will increase the accessibility or adaptability of property for handicapped or disabled persons; will have a positive impact on the amount, type, price or location of the City's supply of affordable housing; and will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historical resources or other rare or irreplaceable features, and this Council has previously set forth certain additional standards which the Zoning Board of Appeals may consider in evaluating a request for an area variance, this Council believes that it would be in the best interest of the City of Ithaca if such additional factors were to be among those which the Zoning Board of Appeals may consider in determining whether to grant a request for an area variance, as opposed to only considering the factors set forth in section 81-b(4) of this General City Law. Now Therefore, BE IT ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. That Section 325-41 entitled "Board of Appeals; Variances" is hereby repealed in its entirety and replaced with the following language: "Section 325-41 Board of Appeals; Variances. A. Creation, Appointment and Organization. 1. Appointment of members. The Mayor, with the consent of the Common Council, shall appoint a Board of Appeals January 5, 1994 consisting of Five (5) members. The Board at the first regular meeting each year, shall elect one of its own members as Chairperson. In the absence of the Chairperson at any meeting, the Board of Appeals may designate a member to serve as acting Chairperson. The Building Commissioner shall be the Secretary of the Board of Appeals. In making such appointments, the Mayor may require Board of Appeals members to complete training and continuing education courses. 2. Legislative Body Members Ineligible. No person who is a member of the Common Council shall be eligible for membership on such Board of Appeals. 3. Terms of Members First Appointed. In the creation of a new Zoning Board of Appeals or the re-establishment of terms of the existing Board, the appointment of members to the Board shall be for terms so fixed so that one member's term shall expire at the end of 1994; that two member's terms shall expire at the end of 1995; and that two members terms shall expire at the end of 1996. At the expiration of each original member's appointment, the replacement member shall be appointed for a term of three years. 4. Vacancy in Office. If a vacancy shall occur otherwise than by expiration of term, the Mayor, with the consent of Common Council, shall appoint the new member for the unexpired term. 5. Removal of Members. The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for non-compliance with any minimum requirements relating to meeting attendance and training established by the Common Council. 6. Compatibility of Offices. Municipal officials or employees on the Board of Appeals shall not, by reason of membership thereon, forfeit their right to exercise the powers, perform the duties, or receive the compensation of the municipal office held by them during such membership. No municipal officer or employee shall be appointed to the Zoning Board of Appeal in the event such officer or employee cannot carry out his or her position without a conflict in the performance of his or her duties as a member of the Zoning Board of Appeals. 7. Chairpersons Duties. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. Such chairperson or, in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. B. Board of Appeals Procedure. The procedure of the Zoning Board of Appeals shall be governed by Section 81-a of the General City Law of the State of New York. C. Permitted Action by the Board of Appeals. 1. Definitions. As used in this section: (a) "Use variance" shall mean the authorization by the zoning board of appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations. (b) "Area variance" shall mean the authorization by the zoning board of appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations. 2. Orders, requirements, decisions, interpretations, determinations. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, January 5, 1994 interpretation or determination appealed from and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from whose order, requirement, decision interpretation or determination the appeal is taken. 3. Use variances. (a) The board of appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of such ordinance or local law, shall have the power to grant use variances, as defined herein. (b) No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located: (i) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (ii) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (iii) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (iv) that the alleged hardship has not been self- created. (c) The board of appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 4. Area Variances. (a) The zoning board of appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of such ordinance or local law, to grant area variances as defined herein. (b) In making its determination, the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: (i) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance; (ii) whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance; January 5, 1994 (iii) whether the requested area variance is substantial; (iv) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and (v) whether the alleged difficulty was self- created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. (c) In making its determination, the zoning board of appeals may also take into consideration the following factors: (i) whether the requested variance represents a relatively minor deviation from the area requirements in question. (ii) whether a substantial positive change will be produced in the character of the neighborhood. (iii) whether granting the variance will increase the accessibility or adaptability for handicapped or disabled persons. (iv) whether granting the variance will have a positive impact on the amount, type, price or location of the City's supply of affordable housing; in order for the board to consider this factor, the applicant must demonstrate that there exists a binding legal obligation to provide housing, for a period not less than 15 years, which is affordable to low - or moderate - income families or individuals, as defined by federal regulations or other clearly recognized standards. (v) whether granting the variance will enhance or foster the preservation of the scenic or natural beauty of the area, its architectural character, historic resources or other rare or irreplaceable features. If the applicant wishes the board to consider any of these additional factors, the burden of proof is on the applicant to clearly identify the factor and to submit sufficient evidence to establish that this factor applies. (d) the board of appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 5. Imposition of conditions. The board of appeals shall, in the granting of both use variances and area variances, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the zoning ordinance, and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. 6. Expiration of variances. (a) When an area variance is granted by the Board of Appeals which enables an applicant to do construction which requires a building permit or a use variance is granted by the Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted, and the applicant has not obtained a building permit to construct the building or part thereof for which the variance has been granted and initiated the January 5, 1994 construction work within two (2) years from the date of the granting of the variance, said variance shall become void. (b) When an area variance is granted by the Board of Appeals which enables an applicant to do construction which requires a building permit, or a use variance is granted by the Board of Appeals and construction which requires a building permit is necessary for conversion to the use for which the variance is granted and a building permit is necessary for conversion to the use for which the variance is granted and a building permit to construct the building or part thereof for which the variance has been granted has been obtained, and the construction has not been substantially completed prior to the expiration of the building permit, said variance shall become void. (c) When a use variance is granted by the Board of Zoning Appeals and no construction which requires a building permit is necessary for conversion to the use for which the variance is granted and the applicant has not obtained a certificate of occupancy for the use for which the variance was granted within two (2) years from the date of the granting of the variance, the variance shall become void. 7. Appeals. Appeals from decisions of the Board of Zoning Appeals shall be governed by Section 81-c of the General City Law. Section 2. Effective date. This local law shall take effect immediately after filing with the office of the Secretary of State. Discussion followed on the floor. Motion to Refer Back to Committee By Alderperson Schroeder: Seconded by Alderperson Johnson RESOLVED, That the Local Law amending Section 325-41 Entitled "Board of Appeals; Variances" - Call for public hearing, be referred back to the Planning Committee for further review and consideration. Carried (9-0) * 15.3 Planning Department Work Program 1994 By Alderperson Schroeder: Seconded by Alderperson Mackesey WHEREAS, the Department of Planning and Development's proposed 1994 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 designate the following projects as "High Priority Projects" for 1994: - Continuation of Planning Projects Already in Inlet Island Southwest Area Land Use Study Downtown Design Plan. - Meadow Street Land Use and Rezoning Study - Transportation Issues: Rt. 96 Project (coordination with N.Y.S. D.o.T.) City Bicycle Plan Odd/Even Parking Revisions Response to Traffic Task Force Parking Benefit Assessment District Provide assistance to M.P.O. for Long Range Trans - Economic Development: Apply for Economic Development Zone Status Seek Tenants for Carpenter Business Park Consider Expansion of Cherry Street Industrial January 5, 1994 - Coordination of City/Town/County Planning: Complete the analysis of comprehensive plan optio Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That the wording under Coordination of City/Town/County Planning be deleted and that a sixth item be added to read as follows: " - Decision on Whether to Undertake New City Comprehensive Plan (based on an analysis of comprehensive plan options, inclu Extensive discussion followed on the floor with Planning and Development Director Van Cort answering questions from Council members. Revision to the Amending Resolution By Alderperson Schroeder: Seconded by Alderperson Gray RESOLVED, That the wording under "Coordination of City/Town/County Planning" be deleted and that a sixth item be added to read as follows: " - Decision on Whether to Undertake New City Comprehensive Plan (based on an analysis of comprehensive plan options, inclu the Town of Ithaca and the County.)" Ayes (8) - Schroeder, Gray, Hanna, Johnson, Booth, Sams, Nay (1) - Efroymson Carried (8-1) Amending Resolution By Alderperson Booth: RESOLVED, That "Southwest Area Land Use Study" be deleted from Item one. Discussion followed on the floor. Motion failed for lack of a second. Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried (9-0) Economic Development Zones - Report on Application to New York State for Zone Status Alderperson Schroeder reported that the City is submitting an application to have the City designated as an Economic Development Zone City. He explained what elements make a city eligible for this status. Discussion followed on the floor with Planning and Development Deputy Director Sieverding answering questions from Council members. The application must be completed by the end of February. Presumably we will be considering this at the February Committee of the Whole meeting with "Power to Act". HUMAN SERVICES COMMITTEE: Report on Committee Work Alderperson Johnson reported that a great deal of the committee's work in 1993 involved the consolidation of funding of human services in the City and the County, as well as the work that was done with the Police/Community Relations Steering Committee. He noted that there are many on-going matters that will be need to be picked up by other committees in 1994. BUDGET AND ADMINISTRATION COMMITTEE: * 18.1 Designation of Official Depositories January 5, 1994 By Alderperson Booth: Seconded by Alderperson Mackesey RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins County Trust Company and the Fleet Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 1994, as follows: TOMPKINS COUNTY TRUST COMPANY ACCOUNT NAME ACCOUNT NUMBER City of Ithaca Operating Fund 01-201-001004 Employees Group Insurance Deductions 08-201-001004 City of Ithaca Payroll Fund 04-201-001004 Guaranty and Bid Deposits 05-201-001004 City Tax Sale Redemption 05-201-001004 Health Facility Agreement 05-201-001004 Deposit on Water Meters 05-201-001004 Sale of Unclaimed Property 05-201-001004 Circle Greenway 05-201-001004 Conference on College and Community 05-201-001004 Center for Expressive Arts 05-201-001004 Peter DeWysocki Memorial Fund 05-201-001004 Cemetery Fund 05-201-001004 Fire Department Recognition Banquet 05-201-001004 Commons Cultural Tourism 05-201-001004 West End Trees 05-201-001004 Gene Slater Memorial Fund 05-201-001004 Jack Kiely Scholarship Fund 05-201-001004 DeWitt Park Improvement Fund 05-201-001004 Employees N.Y.S. Withholding Tax 08-201-001004 Employees U.S. Savings Bonds 08-201-001004 Centennial Art Work 05-201-001004 Central Business District Trees 05-201-001004 N.Y.S. Policemen's and Firemen's Retirement System 08-201-001004 N.Y.S. Employees Retirement System 08-201-001004 Ithaca Centennial Inc. 01-101-096437 GIAC Youth Enterprise Fund 05-201-001004 Hazardous Material Control Plan 05-201-001004 FICA Overpayment Reimbursement 05-201-001004 Central Business District Trees 05-201-001004 Juvenile Firesetter's Program 05-201-001004 Capital Reserve Fund #4 - Bridges 01-201-001055 Capital Reserve Fund #11 - Parks and Recreation Areas 01-201-001055 Capital Reserve Fund #14 - Parking Areas 01-201-001055 Capital Reserve Fund #15 - Fire Engine Replacement 01-201-001055 Capital Reserve Fund #16 - Development of Water Sources 01-201-001055 Capital Reserve Fund #17 - Sewer Construction 01-201-001055 Capital Reserve Fund #17A - Mandatory Reserve for Sewer Plant Construction 01-201-001055 Capital Reserve Fund #20 - West Hill Water and Sewer Replacement 01-201-001055 Capital Reserve Fund #22 - Bus Replacement 01-201-001055 Capital Reserve Fund #23 - Public Works Equipment 01-201-001055 Capital Reserve Fund #24 - Energy Conservation 01-201-001005 Capital Reserve Fund #25 - Capital Improvements 01-201-001005 Capital Reserve Fund #26 - Land Acquisition 01-201-001005 Capital Reserve Fund - Joint Activity Fund 01-101-099762 FLEET BANK ACCOUNT NAME ACCOUNT NUMBER Firemen's Relief Fund 267-010001 City of Ithaca Construction Fund 267-010842 Ithaca Area Wastewater Treatment Plant - Phase II 267-012276 Ithaca Area Wastewater Treatment Plant - Phase III 267-365187 January 5, 1994 Carried (9-0) * 18.2 Designation of Official Newspaper By Alderperson Booth: Seconded by Alderperson Shenk RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 1994. Ayes (8) - Booth, Mackesey, Sams, Johnson, Efroymson, Hanna, Gray, Shenk Abstention (1) - Schroeder (conflict of interest) Carried (8-1) * 18.3 Collateral to Secure Deposits By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the collateral deposited by the Tompkins County Trust Company and the Fleet Bank as reported, be approved as to form and sufficiency. Carried (9-0) * 18.4 Public Employee's Blanket Bond By Alderperson Booth: Seconded by Alderperson Gray RESOLVED, That pursuant to Section 11 of the Public Officers' Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 1994. Faithful Performance Blanket $250,000 Peerless Bond Coverage Insurance Co. Carried (9-0) * 18.5 Designation of Common Council Meetings By Alderperson Booth: Seconded by Alderperson Shenk RESOLVED, That the regular meetings of the Common Council, for the year 1994, be held at 7:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried (9-0) * 18.6 Finance Department/Controller - Approval of 1994 Community Services Agencies Contracts By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Mayor be authorized to execute the following 1994 contracts with Community Services Agencies, in accordance with the adopted 1994 City budget: Project Growing Hope $ 517 Community Arts Partnership 10,000 Human Services Coalition 12,000 Tompkins County Area Development Corp. 3,000 Finger Lakes Association 1,000 Celebrations - Flag Day 283 Celebrations - Veterans Day 517 Tompkins Cortland Labor Coalition 12,600 DeWitt Historical Society 5,000 Cornell Cooperative Extension 4,260 Partnership for Youth 10,000 Ithaca Festival 5,670 Sciencecenter After School Program 1,500 Leadership and Multicultural Alliance 1,250 Multicultural Resource Center 3,300 Carried (9-0) * 18.7 Mayor - Request to Release Contingency Funds for Lay Advocate Program By Alderperson Booth: Seconded by Alderperson Johnson January 5, 1994 WHEREAS, a revised plan (dated January 3, 1994) for the implementation of a Lay Advocacy Program has been submitted by Chemung County Neighborhood Legal Services Inc., and WHEREAS, Common Council has reviewed and accepted said proposal, which provides for and is limited to the selection, training and supervision of lay advocates; now, therefore, be it RESOLVED, That $10,000 be transferred from Account 1990 Restricted Contingency to A1012-435 Contractual Services with Community Service Agencies, for said purpose. Discussion followed on the floor. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hanna RESOLVED, That in the second Whereas clause, before the word "accepted", the word "generally" be inserted. Carried (9-0) Amending Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That a Resolved Clause be added to the resolution to read as follows: "Common Council hereby establishes the following goals and objectives for the lay advocates program, as recommended by Chemung County Neighborhood Legal Services, Inc., as follows: I. Creating a reliable two-way channel of communication between the Ithaca Police Department and the community. A. Providing information and advice to community members who might be hesitant to call the police or the Police Commissioners. B. Providing information regarding community concerns, complaints and inquiries to the Community Police Board and the Chief of Police. II. Serving as advocates for individuals or groups within the community who might want to make complaints to the Community Police Board or the Chief. A. Providing information and advice regarding the complaint procedure. B. Referring complainants to appropriate community resources other than the Community Police Board as appropriate. C. Assisting and/or representing complainants through the complaint process as appropriate." Discussion followed on the floor with Alderperson Booth explaining why he felt this Resolved Clause should become part of the resolution. A vote on the amending resolution resulted as follows: Carried (9-0) Amending Resolution By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That at the end of the final Resolved clause, the following words be added: ", provided that this authorization of the use of City money to provide funding for this program does not include any authorization for Chemung County Neighborhood Legal Services to provide attorney-client services to any person." January 5, 1994 Extensive discussion followed on the floor. No vote was taken on this amending resolution. Motion to Refer Back to Committee By Alderperson Booth: Seconded by Alderperson Schroeder RESOLVED, That the proposal for a Lay Advocates Training Program be referred back to the Budget and Administration Committee for further review and consideration. Carried (9-0) * 18.8 Police Department - Request to Authorize Police Chief to Sign SPCA Rabid Animal Contract By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Police Department has recommended that the Society for the Prevention of Cruelty to Animals (SPCA) be engaged to pick up and dispose of suspected rabid raccoons and other rabid animals, when called in by Police personnel; now, therefore, be it RESOLVED, That subject to the review of the City Attorney, the Chief of Police be authorized to execute an agreement with the SPCA for 1994, at a per incident charge to be determined by the Police Chief and the City Controller, within existing 1994 budget appropriations. Carried (9-0) * 18.9 Finance Department/Controller - Request to Approve 1992 Single Audit Report By Alderperson Booth: Seconded by Alderperson Hanna RESOLVED, That the Single Audit Report for the period of January 1, 1992 through December 31, 1992 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 (9-0) * 18.10 Planning Department - Request to Approve Cherry Street Option A By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Vegetable Kingdom, Inc., owners of the Moosewood Restaurant, intends to purchase the Ithaca Soy Foods Company, Inc. and relocate the business from the Markles Flats Building to Cherry Street Industrial Park, and WHEREAS, locating this business in Cherry Street Industrial Park will retain nine jobs and lead to the creation of additional employment in a manner consistent with the goals of creating the industrial park, and WHEREAS, Ithaca Soy Foods Company is a business which meets the terms of the leasing policy for the industrial park, and WHEREAS, an option agreement has been negotiated with the Vegetable Kingdom which gives Vegetable Kingdom a twelve month period to design, obtain approval and financing for and commence construction of an approximately 3,000 sq. ft. building to be built on a site not to exceed one acre, and WHEREAS, the Option Agreement will convert to the standard Cherry Street Industrial Park lease agreement once construction has commenced on the site, and WHEREAS, the Economic Development Committee of the I.U.R.A. has recommended to the I.U.R.A. that this Option Agreement be executed, now therefore be It, RESOLVED, that the Mayor, as Chair of the I.U.R.A and subject to the advice of the City Attorney and Director of Planning and Development, is authorized to execute said option agreement with the Vegetable Kingdom, Inc. for a one-half acre to one acre site in Cherry Street Industrial Park for a period not to exceed January 5, 1994 twelve months. The exact size of the site will be determined by the Vegetable Kingdom's projections for future growth and the size site needed to accommodate that growth, but will, in any event, not be larger than one acre. Carried (9-0) * 18.11 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 January 1, 1994 to December 31, 1994, 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 (9-0) * 18.12 Fire Department - Request to Amend Fire Department Authoriz By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, Assistant Fire Chief Edward C. Sharp has announced his intention to retire, effective March 13, 1994, and WHEREAS, the Municipal Training Officer (Lee LaBuff) has been temporarily assigned to cover Assistant Chief Sharp's shift commander responsibilities, and WHEREAS, Chief Wilbur has recommended that a sixth Assistant Chief's position be temporarily established in the interest of providing shift commander coverage, and allowing the Municipal Training Officer to return to his normal duties; now, therefore, be it RESOLVED, That the authorized roster for the Fire Department be hereby amended to include a sixth Assistant Fire Chief position, and be it further RESOLVED, That the Fire Department's authorized roster shall return to the normal level of five Assistant Chiefs on the effective date of Assistant Chief Sharp's retirement. Carried (9-0) * 18.13 Fire Department - Request to Amend Current Ithaca Paid Fire Fighters Association Contract By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the Fire Department has recommended amendments to the 1993-94 contract between the City of Ithaca and the Ithaca Paid Fire Fighters Association, to reflect a change in the hours of work sections, and the related Kelly Time section, and WHEREAS, the following amendments have been approved by the Ithaca Paid Fire Fighters Association; now therefore, be it RESOLVED, That the following amendments be made to the existing contract (which amendments will terminate when said contract comes to an end) between the City of Ithaca and the Ithaca Paid Fire Fighters Association: Hours of Work: (Replace paragraph 2 with the following language) Tours of duty shall consist of two (2) consecutive day shifts, followed by two (2) consecutive night shifts, followed by four (4) days off. January 5, 1994 Kelly Time: (Replace item #4 and examples of employee's Kelly Time options #3 with the following) 4. Cash for Kelly Time shall be paid in forty-eight (48) hour increments. Examples of Kelly Time Options. 3. 48 hours paid, 48 hours off. Carried (9-0) * 18.14 Finance Department/Controller - Request to Approve Purchasi By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City of Ithaca adopted a purchasing policy on January 7, 1976, and WHEREAS, Section 104(6) of the General Municipal Law requires the governing body of every municipality to adopt a procurement policy for all goods and services which are not required by law to be publicly bid, and WHEREAS, comments have been solicited from all officers in the City of Ithaca involved in the procurement process; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby adopt the procurement policy (dated 12/24/93) which is intended to apply to all goods and services which are not required by law to be publicly bid. Carried (9-0) * 18.15 Bond Resolution By Alderperson Booth: Seconded by Alderperson Johnson BOND RESOLUTION DATED JANUARY 5, 1994. A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,713,125 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF VARIOUS OBJECTS OR PURPOSES 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 costs of the following capital improvements in and for the City of Ithaca, Tompkins County, New york, there are hereby authorized to be issued $1,713,125 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such improvements in accordance with the maximum estimated cost of each. Such improvements are as follows: a) The reconstruction of various streets and roadways in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $400,000. January 5, 1994 It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. b) The reconstruction of the Linn Street bridge at the intersection of Linn Street, Court Street and University Avenue, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $60,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. c) The reconstruction of the intersection at the old Elmira Road with Meadow Street, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $250,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to the subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. d) To pay part of the cost of the reconstruction of various sidewalks within the City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $75,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. e) The reconstruction of the recreational area at the Greater Ithaca Activities Center, including incidental improvements expenses in connection therewith, at a maximum estimated cost of $25,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law. f) The reconstruction of the Youth Bureau building by installation of an air conditioning system, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $100,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law. g) The reconstruction of portions of the Central Fire Station, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $73,125. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law. h) The purchase of a recycling vehicle, including incidental expenses in connection therewith, at a maximum estimated cost of $50,000. It is hereby determined that the period of probable usefulness if the aforesaid specific object or purpose is ten years, pursuant to subdivision 6 of paragraph a of Section 11.00 of the Local Finance Law. i) The purchase of a garbage packer and body, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $60,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 6 of paragraph a of Section 11.00 of the Local Finance Law. January 5, 1994 j) The purchase and installation of parking meters on Thurston Avenue, including incidental expenses in connection therewith, at a maximum estimated cost of $40,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 50 paragraph a of Section 11.00 of the Local Finance Law. k) The purchase of a parcel of land adjacent to an existing Department of Public Works facility, commonly known as 715- 721 Willow Avenue in the City of Ithaca, Parcel #16-1-4, of approximately 2.5 acres, including incidental expenses in connection therewith, for use by the Department of Public Works, at a maximum estimated cost of $385,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 21(a) of paragraph a of Section 11.00 of the Local Finance Law. l) To pay part of the cost of computer equipment for the Fire Department, including incidental expenses in connection therewith, at a maximum estimated cost of $15,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law. m) To pay part of the cost of computer equipment for the Finance Department, including incidental expenses in connection therewith, at a maximum estimated cost of $30,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 81(a) of paragraph a Section 11.00 of the Local Finance Law. n) The purchase of a highway paver, including incidental expenses in connection therewith, at a maximum estimated cost of $150,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid specific objects or purposes or classes of objects or purposes is $1,713,125., and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to each specific object or purpose or class of objects or purposes in accordance with the maximum estimated cost of each. Section 3. 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 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property in said City a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. January 5, 1994 Section 5. 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 facsimile of its corporate seal shall be imprinted or impressed and attested by the manual of facsimile signature of the City Clerk. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State 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 7. 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 recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of 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 Section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by Section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for the purposes of Treasury Regulations Sections 1.150-2(d) and (e). Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, January 5, 1994 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 for the bond resolution resulted as follows: Efroymson - Aye Mackesey - Aye Booth - Aye Johnson - Aye Hanna - Aye Gray - Aye Schroeder - Aye Shenk - Aye Sams - Aye Thorpe - Absent Ayes (9) Nays (0) Carried (9-0) * 18.16 Finance Department/Controller - Request to Amend Capital Project for Computer Acquisition By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the City Controller has recommended that the existing Finance Department computer be upgraded to a more effective and compatible system, and WHEREAS, the City Controller has coordinated the proposed acquisition of computer equipment and related software and conversion of existing software applications with the City Computer Committee, to insure compatibility with future networking considerations, and WHEREAS, the costs of the recommended upgrade can be amortized over a five year period, with effective savings from reduced hardware maintenance costs covering most of the anticipated costs; now, therefore, be it RESOLVED, That Capital Project #211 Computer Acquisition be increased by an amount not to exceed $30,000 for the acquisition of hardware and related software, and conversion of existing software applications, and be it further RESOLVED, That the funds for such computer upgrade be financed through the issuance of serial bonds. Carried (9-0) * 18.17 Youth Bureau - Request to Temporarily Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That based on a request initiated by the employee involved and on a determination by the Director of the Youth Bureau that the request will not significantly affect current department operations, the personnel roster of the Youth Bureau is hereby temporarily amended by reducing the part-time position of a Youth Program Coordinator from 25 hours to 17 hours per week from January 1, 1994 to December 31, 1994. Carried (9-0) ADJOURNMENT On a motion the meeting adjourned at 9:25 p.m. Callista F. Paolangeli Benjamin Nichols January 5, 1994 City Clerk Mayor