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HomeMy WebLinkAboutMN-CC-1994-06-01June 1, 1994 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting7:00 P.M. June 1, 1994 PRESENT: Mayor Nichols Alderpersons (10) - Booth, Hanna, Johnson, Gray, Thorpe, Efroymson, Mackesey, Sams, Shenk, Schroeder OTHERS PRESENT: City Controller - Cafferillo City Attorney - Guttman Administrative Assistant - Shipe Planning and Development Director - Van Cort Police Chief - McEwen Planning and Development Deputy Director - Sieverding Fire Chief - Wilbur Building Commissioner - Eckstrom Superintendent of Public Works - Gray Youth Bureau Director - Cohen City Chamberlain - Parsons Board of Public Works Commissioners - Reeves, Gerard PLEDGE OF ALLEGIANCE: Mayor Nichols led all present in the Pledge of Allegiance to the American flag. MINUTES: Approval of Minutes of the May 4, 1994 Common Council Meeting By Alderperson Efroymson: Seconded by Alderperson Gray RESOLVED, That the Minutes of the May 4, 1994 Common Council meeting be approved as published. Carried Unanimously ADDITIONS TO THE AGENDA: New Business Mayor Nichols stated that there will be a report and a possible resolution from the Ithaca Landmarks Preservation Commission. Alderperson Booth noted that any member of Council could object to this addition which would keep the item off the agenda. MAYOR'S APPOINTMENTS: Board of Public Works Mayor Nichols requested approval for the appointment of Peter Seligmann, 115 Eastwood Terrace, to the Board of Public Works, with a term to expire December 31, 1994. Resolution By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That this Council approves the appointment of Peter Seligmann to the Board of Public Works with a term to expire December 31, 1994. Carried Unanimously COMMUNICATIONS: City of Ithaca Proclamation - Hangar Theatre Summer Mayor Nichols called Ray Schlather, President of the Board of the Hangar Theatre and Gerald Smith, Managing Director, to the podium and read the following proclamation into the record: "WHEREAS, the Hangar Theatre has improved the quality of life for all City of Ithaca residents, and WHEREAS, thousands of area residents and tourists have enjoyed live professional theatre for twenty consecutive seasons, and June 1, 1994 WHEREAS, we wish to recognize the contributions made by these professionals and volunteers, and WHEREAS, the Hangar Theatre's strong commitment to educational opportunities for area youth, through the Next Generation School of Acting, the Next Stage: A Showcase for Young Playwrights, the Lab Company, and similar programs, has enriched the entire Ithaca community, NOW, THEREFORE, I, Benjamin Nichols, by virtue of the authority vested in me as Mayor of the City of Ithaca, New York, do hereby proclaim the summer of 1994 to be HANGAR THEATRE SUMMER in the City of Ithaca to honor all those who have given so much of themselves to provide an exceptional theatre experience of high professional quality, and to recognize the twenty-year contribution of the Hangar Theatre to the City of Ithaca. IN WITNESS WHEREOF, I have hereunto set my hand and caused the great seal of the City of Ithaca to be affixed this first day of June, in the year Nineteen Hundred and Ninety-four. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Stewart Park Ms. Doria Higgins, 2 Hillcrest Drive, representing Citizens to Save Our Parks, praised Assistant Superintendent Ferrel and his crew for the great job they have done to clean up the ravages of last year's flood along the shore line of Stewart Park. She urged Council and the public to go to the park and enjoy the wonderful place that it is. Assistant City Attorney's Memo Ms. Higgins stated that she is grateful that Assistant City Attorney Kennedy wrote a second memo clarifying how City Board and Commission members should communicate with the public. Bridgework on Octopus Mr. Richard Driscoll, Director of the Community Arts Partnership and a member of the Advisory Commission on Art and Design for Public Spaces, spoke to Council regarding the resolution on tonight's agenda concerning funding for sculptural piers on Route 96 project bridges and urged their unanimous vote. Mr. William Benson, 415 Hudson Street, member of the Advisory Commission on Art and Design for Public Space, also spoke to Council in support of funding for the sculptural piers. Mayor's Term of Office Mr. Alan Cohen, 302 East State Street, spoke to Council regarding the discussion which is on tonight's agenda about the Mayor's term of office being changed from two years to four years. He believes that if the Council decides to go with the four-year term, the salary should reflect that change, as it currently represents a part-time position. Mr. Will Kone spoke to Council regarding the four-year term for Mayor. He believes that if the four-year term is enacted, the position of Mayor should be limited to two terms. City Management Operational Innovations Mr. Alan Cohen spoke in support of the resolutions on the tonight's agenda regarding City management operational innovations and the computer acquisition for the citywide network. Lack of Support for Policemen by Elected City Officials June 1, 1994 Mr. Michael Gray, President of the Police Benevolent Association, read a statement to Council concerning what he regarded as lack of support for City of Ithaca Police Officers by elected City Officials. The statement is on file in the City Clerk's Office. RESPONSE TO THE PUBLIC: Lack of Support for Policemen by Elected City Officials Several Alderpersons, Mayor Nichols, and Police Chief McEwen spoke regarding the statement read by Michael Gray, President of the PBA. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: City Commission of Art and Design for Public Places Sally Grubb, Chairperson of the City Commission of Art and Design for Public Places, spoke on behalf of the entire Commission to give their unanimous support for the Route 96 bridge design. Board of Public Works Commissioner Reeves reported to Council on the following matters: The Board of Public Works passed a resolution for authorization to submit an intention to propose for sludge drying equipment, in an attempt to explore the feasibility of generating electricity from a natural gas generator to further reduce the water content of sludge. The Board unanimously passed the resolution requesting a salary increase for Assistant Superintendent Ferrel. In mid-May there was an emergency replacement of the utility bridge over Six Mile Creek between Underwood Lighting and the Super 8 Motel. The bridge contained a sewer line, a gas line and a water line that served the south section of the city along the Elmira Road to the City line. The sewer line cracked, the water line broke, and over 1 million gallons of water was lost. The total cost of the project is still being tabulated. COMMUNICATIONS FROM THE MAYOR: Potential Merger of the Citizens Savings Bank Mayor Nichols stated that he has written a letter to the Office of Thrift Supervision regarding the potential merger of Citizens Savings Bank with the First Empire Corporation. He stated that there is a 20-day period in which citizens can comment. The particular concern is whether the new bank is committed to community re-investment and services. Mayor Nichols stated that he has requested a response from First Empire Corp. before the merger goes through. He further stated that the City will oppose the merger unless they do make such commitments. Task Force on Youth Mayor Nichols stated that he and the Superintendent of Schools has appointed a Task Force on Youth. The Chair of the Task Force will be Alderperson Sara Shenk. PLANNING COMMITTEE: * 17.2 Route 96 Project Bridge Design By Alderperson Schroeder: Seconded by Alderperson Mackesey WHEREAS, the N.Y.S. Department of Transportation's Route 96 project calls for two new bridges to be built over the Flood Control Channel to accommodate Routes 89 and 96, and WHEREAS, appropriately designed bridges could serve not only transportation needs but also provide attractive and distinctive "gateways" to downtown Ithaca from the west, and to West Hill and Cass Park from the east, for motorists, bicyclists and pedestrians, and WHEREAS, the aesthetic quality of these bridges is of great importance to maintaining and enhancing the beauty of Ithaca's waterfront, and June 1, 1994 WHEREAS, these bridges will be prominent landmarks along the Black Diamond Trail, a bicycle/pedestrian corridor to be built by Fingerlakes State Parks which will pass under both bridges and provide a major north/south link in New York State's evolving greenway system, and WHEREAS, the Inlet Island Land Use Plan calls for the creation along the west edge of Inlet Island of an attractive public greenspace and walkway, which will begin near the Route 96 bridge and pass under the Route 89 bridge, in such a way that bridge aesthetics are vitally important to the plan's success, and WHEREAS, the recently released Final Report of the Task Force on Traffic Issues recommends that major "gateway streets" entering the City be provided with design elements such as sculpture, archways, plantings or small parks to "emphasize a residential and pedestrian-friendly atmosphere" and to "emphasize to drivers... that they need to slow down", and WHEREAS, in response to the City's concern about the appearance of these bridges, D.o.T has agreed to use concrete railings with arched openings and cast-iron lanterns for lighting, elements inspired by the traditional style of many downtown Ithaca bridges, and WHEREAS, D.o.T has further offered to join with the City in providing prominent "gateway" sculptural piers rising from the abutments at either end of both new bridges, these piers to be constructed by D.o.T according to designs provided by an Ithaca- area designer, and WHEREAS, this D.o.T. offer assumes the following financial partner-ship: the D.o.T. would provide $20,000 to cover the cost of concrete and basic formwork for these piers, while the City of Ithaca would provide an amount not to exceed $20,000 to cover the cost of selecting a local designer, providing a design fee to the chosen designer, and building detailed formwork for the piers, and WHEREAS, this total of $40,000 is to cover all costs of designing and erecting these piers; now, therefore, be it RESOLVED, That Common Council accepts D.o.T.'s offer and agrees to allocate an amount not to exceed $20,000 from Capital Project #207 (West End Development) for the purposes listed above, and be it further RESOLVED, That the Mayor shall appoint a Bridge Oversight Committee to select a designer with as open a process as feasible and to oversee the design of these sculptural piers and their integration into the overall design of the bridges, said committee to consist of: The Superintendent of Public Works or his designee One member of the Department of Planning and Development One Common Council member One member of the Advisory Commission on Art and Design for Public Space One representative of the N.Y.S. Department of Transportation Two members to be selected from the local arts community and/or the art, architecture or landscape architecture faculty of local educational institutions. A vote on the resolution resulted as follows: Carried Unanimously ECONOMIC DEVELOPMENT COMMITTEE: * 15.1 Authorization to Lease Parcel in Cherry Street Industrial Park By Alderperson Mackesey: Seconded by Alderperson Hanna June 1, 1994 WHEREAS, Evaporated Metal Films (EMF) has the right to a three year option with the City to lease up to two acres in Cherry Street Industrial Park, and WHEREAS, EMF currently owns and partially occupies a 44,000 sq. ft. building located on a one acre parcel in the Industrial Park, and WHEREAS, full utilization of EMF's building is not possible without additional land to provide the requisite number of parking spaces, and WHEREAS, EMF is in the process of consolidating its operations in the Cherry Street Industrial Park and requires a one acre parcel in order to provide the necessary parking and eventually fully utilize its building; now, therefore, be it RESOLVED, That the Mayor, as Chair of the Urban Renewal Agency and subject to the advice of the City Attorney and Director of Planning and Development, is authorized to execute the standard Cherry Street Industrial Park lease agreement with Evaporated Metal Films for a one acre parcel adjacent to EMF's Cherry Street facility. Lease terms include a $3,000 per year lease payment and a option to purchase the site in the twentieth year for $31,620 per acre. Execution of this lease agreement with terminate EMF's right to an option agreement on the remaining one acre thereby making this site available for lease to another qualified tenant. Carried Unanimously * 15.2 Sale of Lot One in Carpenter Business Park By Alderperson Mackesey: Seconded by Alderperson Gray WHEREAS, the City has been actively marketing Carpenter Business Park for three years, and WHEREAS, while there is considerable interest in the business park, much of that interest is focused on Lot One which is located at the corner of Third Street and Carpenter Circle and separated from the rest of the park by the Community Gardens, and WHEREAS, because of its location, access to and from Route 13 and high visibility nearly all inquiries for this site have been for retail use, and WHEREAS, retail is not allowed use within the Business Park but appears to be the "highest and best" use of this particular site, and WHEREAS, there is no grant restriction regarding the City's ability to sell this site, and WHEREAS, the Urban Renewal Agency has recommended to Council that it be authorized to sell Lot One; now, therefore, be it RESOLVED, That the Common Council authorizes the Ithaca Urban Renewal Agency to accept sealed bids for the sale of Lot One in Carpenter Business Park, and to sell the property to the highest acceptable bidder subject to the Design Restrictions which are a part of the standard Carpenter Business Park lease,subject to the IURA, and the City reserving the right to reject any and all bids, and be it further RESOLVED, That the proceeds of the sale be distributed proportionately as follows: 60% of sale proceeds to the City of Ithaca,and 40% of sale proceeds allocated to CD eligible activities. The Council hereby endorses the proposal to allocate the CD share to the Community Development Revolving Loan Fund. June 1, 1994 Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously PLANNING COMMITTEE: * 17.1 An Ordinance Amending the Zoning Map Established Pursuant to Chapter 325 Entitled "Zoning" of the City of Ithaca Municipal Code Regarding the Zoning of Two Parcels on East Seneca Street in the City of Ithaca - Call for a Public Hearing By Alderperson Schroeder: Seconded by Alderperson Johnson Resolution of Common Council introducing proposed change to the zoning ordinance and providing for public notice and public hearing. RESOLVED, That Ordinance number 94-_____ entitled "Zoning Districts" is hereby introduced before the Common Council of the City 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 in the Common Council Chambers at 108 East Green Street in the City of Ithaca, New York on Wednesday, July 6, 1994 at 7:00 in the afternoon of that day; and be it further RESOLVED, That the City Clerk shall give notice of a public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing shall be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least 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 a true and exact copy of the proposed zoning ordinance for their reports thereon. Carried Unanimously The Ordinance to be considered shall be as follows: ORDINANCE NO. 94 - An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325 Entitled "Zoning" to Change the Zoning Designation of Certain Areas in the City of Ithaca. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: Section 1. Chapter 325, Article 2 entitled "Zoning Districts" is hereby amended to change the zoning designation of the following area from R-2a to CBD-60: ALL THAT TRACT OR PARCEL OF LAND more particularly bounded and described as follows: Beginning at a point in the northerly line of East Seneca Street, said point of beginning being the southeast corner of Tax Parcel No. 62-5-12, said point of beginning also being the southwest corner of Tax Parcel No. 62-5-11, said point of beginning being located approximately 163.1 easterly along the northerly line of East Seneca Street with its intersection with the easterly line of North Aurora Street; running thence northerly along the easterly line of Tax Parcel No. 62-5-12 and the westerly line of Tax Parcel No. 62-5-11 102.5 feet to a point in the southerly line of Tax Parcel No. 62-5-17; running thence easterly along the southerly line of Tax Parcel No. 62-5-17 12.1 feet to the southeast corner of Tax Parcel No. 62-5-17; running thence northerly along the easterly line of Tax Parcel No. 62-5- 17 20 feet to a point in the southerly line of Tax Parcel No. 62- June 1, 1994 5-4 and the northerly line of Tax Parcel No. 62-5-11; running thence easterly along the southerly line of Tax Parcel No. 62-5-4 and the northerly line of Tax Parcel No. 62-5-11 32.4 feet to the northeast corner of Tax Parcel No. 62-5-11; continuing thence easterly along the southerly line of Tax Parcel No. 62-5-4 and the northerly line of Tax Parcel No. 62-5-10 30.2 feet to the northeast corner of Tax Parcel No. 62-5-10; running thence southerly along the westerly line of Tax Parcel No. 62-5-7 44.8 feet to a point; running thence easterly approximately 4 feet to a point in the westerly line of Tax Parcel No. 62-5-9, said point being also in the easterly line of Tax Parcel No. 62-5-10; running thence southerly along the easterly line of Tax Parcel No. 62-5-10 and the westerly line of Tax Parcel No. 62-5-9 79.2 feet to the northerly line of East Seneca Street; running thence westerly along the northerly line of East Seneca Street 33.5 feet to the southwest corner of Tax Parcel No. 62-5-10; continuing thence westerly along the northerly line of East Seneca Street 45 feet to the point or place of beginning. Section 2. The City Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map in accordance with the amendment made herewith. Section 3. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. * 17.3 Authorization for Mayor to Sign Agreement Necessary to Implement Award to INHS By Alderperson Schroeder: Seconded by Alderperson Sams WHEREAS, Ithaca Neighborhood Housing Services was awarded $200,000 in funds from NYS Division of Housing and Community Renewal for the rehabilitation of owner occupied housing and the State has recently altered the rules and is now requiring the signature of the Mayor on a tripartite contract among the City, NYS DHCR and INHS before the funds may be released; now, therefore, be it RESOLVED, That Common Council authorizes the Mayor in his joint capacity as Chair of the Ithaca Urban Renewal Agency and Mayor of the City of Ithaca to sign, subject to the advice of the City Attorney and the Director of Planning and Development, the Home Investment Partnerships Program Multiple Site Project Agreement. Carried Unanimously * 17.4 Support for Traffic Mitigation for NYSDoT Construction Projects By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, the New York State Department of Transportation is undertaking highway and bridge projects affecting State Highways 13, 79, 89 and 96 in the west and to the south of the City of Ithaca, and WHEREAS, the potential for causing significant traffic congestion during the period of construction is high, with deleterious effects on mobility in the Ithaca urban area, and WHEREAS, construction work will peak during summer months impeding access by residents of the City and County, as well as visitors to the City and State parks and recreation facilities, and when Ithaca will host the Empire State Games in 1995, and WHEREAS, there is a clear need for a collaborative planning effort by the New York State Department of Transportation; City of Ithaca; Towns of Newfield, Enfield, Ulysses and Ithaca, Village of Trumansburg and Tompkins County to reduce the severity of traffic congestion; now, therefore, be it RESOLVED, That the Common Council strongly encourages the New York State Department of Transportation, the Ithaca Tompkins County Transportation Council, other involved municipalities, and June 1, 1994 the Ithaca Tompkins Transit operators to develop park and ride facilities, public transit services, ride sharing, and other measures to reduce traffic congestion arising from these projects. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously ISTEA Transportation Enhancement Program Application - Report Alderperson Schroeder reported that the committee reaffirmed its support for an application for an approximately $400,000 project to have pedestrian access on the Elmira Road. Discussion followed on the floor. Designation of Critical Environmental Areas - Report Alderperson Schroeder reported that the Conservation Advisory Council has recommended that the City designate critical environmental areas in the City. They would be areas of particularly sensitive green spaces, for example, Cascadilla Gorge, the green hill above Linn Street, the Fuertes Bird Sanctuary, etc. He stated that under the city's environmental quality review provisions, if a project was in a critical environmental area, it would be a Type I project. The Committee will be looking at this matter. BUDGET AND ADMINISTRATION COMMITTEE: Common Council - Extension of Mayor's Term - Report/Discussion Alderperson Booth reported that the Budget and Administration Committee held a public hearing regarding an extension of Mayor's term of office. He stated that there was not a large measure of support of those who spoke at the hearing. There does seem to be some sense among members of Council and other members of the public that it would make sense to extend the Mayor's term from two years to four years, to reduce the impacts of campaigning. Alderperson Booth stated that the matter will be discussed again at the Budget and Administration Committee meeting on June 22nd and a resolution should be forthcoming to the July Common Council meeting. Discussion followed on the floor. Alderperson Booth explained that if the City does not act on this matter now, it will not be in place for the next Mayoral election. This matter is subject to a mandatory referendum, and would need to be on the general election ballot in November. * 18.2 An Ordinance Amending Chapter 215 Entitled "Human Rights Protection" of the City of Ithaca Municipal Code By Alderperson Booth: Seconded by Alderperson Shenk An Ordinance amending Chapter 215 entitled "Human Rights Protection" of the City of Ithaca Municipal Code. Be it ordained and enacted by the Common Council of the City of Ithaca, New York as follows: Section 1. That sections 215-27 entitled "Sick and Bereavement Leave" of Chapter 215 entitled "Human Rights Protection" is amended as follows: 1. That subdivision 215-27 entitled "Sick and Bereavement Leave" is hereby repealed. 2. That a new subdivision to be known and designated as Section 215-17 entitled "Employee Benefits" is hereby added to said chapter to read as follows: June 1, 1994 "Section 215-17. City Employee Benefits. In all City labor contracts, when determining when a current or past employee is entitled to take sick or bereavement leave or to receive health insurance or dental insurance benefits for the employee or the employee's family, a domestic partner of the employee, as established by Article IV of Chapter 215, shall be treated as if the domestic partner were the spouse of the employee." Section 2. This ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Carried Unanimously * 18.3 A Local Law Amending The City Charter With Regard To The Collection of Delinquent Taxes By Alderperson Booth: Seconded by Alderperson Johnson Local Law of the Year 1994 City of Ithaca A Local Law providing that the collection of taxes in the City of Ithaca shall continue to be enforced pursuant to the provisions of the Ithaca City Charter and amending the City Charter with regard to the collection of delinquent taxes. WHEREAS, the State of New York has, by Chapter 602 of the Laws of 1993 which is effective January 1, 1995, established a new Article 11 of the Real Property Tax Law, which Article establishes procedures for the enforcement of collection of delinquent real property taxes; and specifically provides for the redemption of real property subject to a delinquent tax lien; and further provides for the foreclosure of a tax lien by an in rem proceeding; and WHEREAS, the State of New York has further provided in Chapter 602 of the Laws of 1993, Section 1104 of the Real Property Tax Law, that the provisions of Article 11 of the Real Property Tax Laws shall not be applicable to a city which (i) on January 1, 1993 was authorized to enforce the collection of delinquent taxes pursuant to a City charter; (ii) adopted a Local Law no later than July 1, 1994 providing that the collection of taxes in such City shall continue to be enforced pursuant to such charter, as such charter may from time to time be amended; and (iii) filed a copy of such local law with the State Board of Equalization and Assessment, no later than August 1, 1994; and WHEREAS, the City of Ithaca on January 1, 1993 was authorized to enforce the collection of delinquent taxes pursuant to its City Charter; and WHEREAS, the City of Ithaca wishes to provide that the collection of delinquent taxes in the City of Ithaca shall continue to be enforced pursuant to such Charter, as such Charter may from time to time be amended; and WHEREAS, the City of Ithaca, at this time wishes to amend the Charter of the City of Ithaca to improve the method of collection of delinquent taxes; NOW THEREFORE BE IT ENACTED, by the Common Council of the City of Ithaca, New York, as follows: June 1, 1994 SECTION 1. The collection of taxes in the City of Ithaca shall continue to be enforced pursuant to the Ithaca City Charter, as it may from time to time be amended, as allowed by New York State Real Property Tax Law Section 1104, Paragraph 2, as amended by Chapter 602 of the Laws of 1993. SECTION 2. That Article IV of the Ithaca City Charter entitled "Taxation and Assessment" is amended as follows: 1. That Section C-42 of Article IV of the Ithaca City Charter is amended to read as follows: "C-42. Notice of Collection Immediately Upon the delivery of the roll and warrant to the City Chamberlain, the City Chamberlain shall cause to be published a notice thereof in the official city paper, stating that, until a date therein specified, which shall be not less than one (1) month after the first publication, the City Chamberlain will collect and receive said tax at the City Chamberlain's office. Such tax shall be payable in two (2) installments. The first installment shall be payable in January of each year without penalty addition, but on all taxes unpaid at the end of the period specified and thereafter, the City Chamberlain will require and collect the penalty additions provided in the following section (C-43); and the second installment shall be payable in June of such year without penalty addition but on all taxes unpaid at the end of the period specified and thereafter, the City Chamberlain will require and collect the penalty addition as provided in the following section (C-43). Each of said installments shall be fifty per centum (50%) of said tax." 2. That paragraph B of Section C-44 of Article IV of the Ithaca City Charter is amended to read as follows: "B. Conduct of Sale. 1. Upon the date of tax sale, the City Chamberlain shall, on behalf of the City of Ithaca, purchase all liens on lands at the tax sale, without competitive bidding, for the gross amounts due. The City Chamberlain shall issue to the City of Ithaca a certificate as nearly as may be in the following form: City of Ithaca Tax Certificate for the Year (insert year). This is to certify that on the (insert date), the City of Ithaca duly purchases a lien on the following described premises: (insert description of property) at the (insert year) Ithaca City tax sale and paid therefor and the sum of (insert amount) for taxes, interest and expenses. Said property may be redeemed by payment of the aforementioned amount, plus fifteen per centum (15%) thereof, within one (1) year from the date of such sale. 2. Within twenty days of such tax sale, the City Chamberlain shall execute and cause to be recorded in the office of the Tompkins County clerk, a list of all parcels of real property affected by delinquent tax liens held and owned by the City of Ithaca. C. After one (1) year from the date of the tax sale, a tax deed shall be issued to the City of Ithaca, unless: (1) it has been reasonably determined that the City of Ithaca might be exposed to a liability substantially in excess of the amount that could be recovered by enforcing the tax lien, (2) there is a reason to believe that there may be a legal impediment to enforcement of the tax lien affecting such parcel, (3) the enforcement of the lien has been stayed by the filing of a petition pursuant to the Bankruptcy Code of 1978, or (4) the tax has been canceled or is June 1, 1994 subject to the cancellation pursuant to Section 558 of the Real Property Tax Law, or in the case where Section 558 does not apply to the tax district, the tax would be subject to cancellation if such Section were applicable to the tax district. If it is later determined that the lien could and should be enforced, a tax deed shall be issued to the City of Ithaca. The failure to issue a tax deed shall not affect the validity of the tax lien. D. Every such conveyance by tax deed shall be presumptive evidence that the sale and all proceedings prior to the sale, from and including the assessment of lands sold, and that all notices required by law to be given previous to the expiration of the time allowed by law for the redemption of the property from the sale, were regular and in accordance with all the provisions of law related thereto. After two years from the date of the record of such conveyance such presumption shall be conclusive except that such conveyance shall be subject to cancellation of reason of (a) the prior payment of taxes, the non-payment of which resulted in the sale, (b) the illegal levy of taxes by the City, or (c) any defect in the proceedings affecting jurisdiction upon constitutional grounds, if application is made to a court of competent jurisdiction within five years from the expiration of the period allowed by law for the redemption of lands sold at the particular sale sought to be canceled." 3. That paragraph C of Section C-44 of Article IV of the Ithaca City Charter is amended to read as follows: "E. Redemption. (1) For all properties sold at tax sale on or after January 1, 1990, the owner of any interest in the premises may redeem the premises from the tax sale at any time within thirty-six months after the tax sale by paying to the City Chamberlain of the City of Ithaca for the benefit of the owner of the tax certificate the amount bid as hereinbefore provided plus fifteen per centum (15%). After one (1) year from the date of the tax sale, the per centum addition to the amount bid as hereinbefore provided to be paid to redeem the premises from the tax sale shall increase by ten per centum (10%) each year or fraction thereof from the date of the tax sale. Where the City of Ithaca holds more than one tax lien on a parcel, the liens need not be redeemed simultaneously. However, the liens must be redeemed in reverse chronological order, so that the lien with the most recent lien date is redeemed first, and the lien with the earliest lien date is redeemed last. (2) The City chamberlain shall at least three (3) months prior to the expiration of the first year provided for the redemption of said tax sale property, cause notice to be published at least once a week for three (3) weeks in the official City newspaper designated by the Common Council. The notice shall give a brief description of each parcel of unredeemed land and the amount necessary to redeem said parcel. Proof of the publication of the notice shall be filed in the office of the City Clerk within twenty days after the last publication. The City Chamberlain shall also, prior to the commencement of such publication, cause such notice of unredeemed land to be sent by first class mail to the owner of such parcel as such name appears on the assessment roll. Said notice shall give a brief description of each parcel of unredeemed land and the amount necessary to redeem said parcel. The expense of advertising and of mailing such notices shall be an additional expense chargeable against the parcel. (3) At least thirty days, but not more than sixty days, before the expiration of the thirty-six month period, the City Chamberlain shall cause a notice to be sent by certified mail, return receipt requested, to the owner as shown on the assessment roll, of each parcel, upon which a lien for taxes has been sold and not redeemed, a statement describing the property in question, the date of the original tax lien sale, the amount June 1, 1994 required to redeem the property, and that unless the amount is paid to the City Chamberlain for the benefit of the City of Ithaca, before the expiration of thirty-six months from the date of the sale, the conveyance previously made shall become absolute and the owner and all others shall be forever barred from redeeming such real property. Proof of the mailing of such statement shall be filed in the office of the City Chamberlain and in the office of the County Clerk at least twenty days prior to the expiration of the thirty-six month redemption period. In addition, the City Chamberlain shall cause a notice to be sent by certified mail, return receipt requested, to any person whose right, title or interest was a matter of public record as of the date the notice of tax lien was recorded, which right, title or interest will be affected by the termination of the redemption period, and whose name and address were reasonably ascertainable from the public records. The expense of determining the names and addresses of such persons and mailing such notices shall be an additional expense chargeable against the parcel. (4) At any time within thirty-six months after the tax sale, the owner of any interest in the premises may redeem such real property from such tax sale, by paying to the City Chamberlain the amount specified in paragraph 1 of this section together with all other expenses chargeable against the parcel pursuant to this article. In case of the failure to redeem within the time herein specified, the sale and conveyance of the property shall become absolute, and the owner, and any other person claiming a right, title or interest in the property shall be barred from redemption. All persons who may have had any right, title, interest, claim, lien or equity of redemption in or upon such parcel, shall be barred and forever foreclosed of all such right, title, interest, claim, lien, or equity of redemption. Any mortgage, lien or interest in such property shall be deemed to have been satisfied of record if redemption is not made." 4. That paragraph D of Section C-44 of Article IV of the Ithaca City Charter is amended to read as follows: F. Tax sale docket; contents; use. The City Chamberlain shall provide in his/her office a city tax sale docket with spaces designated for the names of property owners, a description of property sold the date of sale, and the date of expiration of the redemption period, in which book the City Chamberlain shall, within (5) days after a tax sale is held, enter the information required above. Said book shall be open for inspection at all times when the City Chamberlain's office is open for business." 5. That paragraph E and F of Section C-44 of Article IV of the Ithaca City Charter are hereby repealed. 6. That paragraph H of Section C-44 of Article IV of the Ithaca City Charter is amended to read as follows: "H. Payment prior to tax sale. The tax upon any property noticed for sale as provided herein may be paid prior to the sale by paying to the City chamberlain the amount of said tax, penalties as provided in Section C-43, plus the expense of publication." Section 3. This local law shall take effect immediately after filing in the office of the Secretary of State and shall be applicable to all tax sales held after January 1, 1995. Carried Unanimously * 18.4 Fire Department - Request To Amend 1994 Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the Fire Department would like to replace one of their budgeted portable radios on the 1994 Authorized Equipment List with one Rescue Manikin at an estimated cost of $590, and June 1, 1994 WHEREAS, the Department's current Rescue Manikin was purchased in 1990 and has served its useful purpose; now, therefore, be it RESOLVED, That the Fire Department's 1994 Authorized Equipment list be amended as follows: Delete: One (1) HT100 Portable Radio $590 Add: One (1) Rescue Manikin $590 Carried Unanimously * 18.5 Building Department - Request Approval of City Management Operational Expectations By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, the City wishes to encourage innovation in the leadership, operations and management of its various departments, boards, and commissions so as to improve quality and efficiency in the provision of government services; and, WHEREAS, the City wishes to utilize the full potential of all its employees and lay leaders through the empowerment of people in City government at all levels by participating in quality service provision initiatives; and, WHEREAS, the City recognizes that with innovation and change come a variety of risks, and that some ideas may not work as well as others; now, therefore, be it RESOLVED, That the City supports the use of modern management and operational techniques which foster innovation, facilitate communication, improve the delivery of city services and empower workers; and, be it further RESOLVED, That the City supports initiative over routine approaches and thereby accepts the possibility of risks in attempting new ideas and approaches to traditional problems, and reaffirms its commitment to delivering city services fairly and efficiently. Discussion followed on the floor. Alderperson Shenk suggested that there should be a way for Department Heads to report to the Mayor or Council on how things are working for individual departments. Alderperson Booth noted that it is not the intent of this resolution to keep Council from examining and questioning departmental actions. A vote on the resolution resulted as follows: Carried Unanimously * 18.6 Department of Public Works - Authorize Board of Public Works to Develop No Smoking Areas at Cass Park Rink By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, several requests have been received by the Board of Public Works in favor of a No Smoking Policy at Cass Park Rink, and WHEREAS, the Board of Public Works and Ithaca Youth Bureau have reviewed the requests for no smoking and recommended that a No Smoking Policy be established at Cass Park Rink; now, therefore, be it RESOLVED, That Common Council is in agreement with the Board of Public Works' and the Youth Bureau's recommendations for a No Smoking Policy at Cass Park Rink, and be it further RESOLVED, That Common Council hereby authorizes a No Smoking Policy at Cass Park Rink be implemented and directs the Board of Public Works to designate the appropriate areas in and around the Cass Park Rink to be included in said policy. June 1, 1994 Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously Alderperson Booth stated that he has three Bond Resolutions that need to be added to the end of the Budget and Administration Committee agenda. No Council member objected. * 18.7 Planning & Development - Request Increase Authorization of Cascadilla Boathouse Stabilization Project and Approval of Grant Application By Alderperson Booth: Seconded by Alderperson Hanna WHEREAS, The City approved a $100,000 Capital Project for the Reconstruction of the Cascadilla Boathouse in April 1992, including $50,000 in Environmental Quality Bond Act Grant Funds and $50,000 in local funds, and WHEREAS, It has been determined, based on Preliminary design and engineer's analysis, that the original repairs are more extensive than expected, and WHEREAS, The new repair costs have been estimated at $200,000 and the City is eligible for another EQBA Grant; now, therefore be it RESOLVED, That H. Matthys VanCort, as Director of Planning and Development of the City of Ithaca, is authorized and directed to file an application on forms prescribed by the New York State office of Parks, Recreation and Historic Preservation for financial assistance in accordance with the provision of Title 9 of the Environmental Quality Bond Act of 1986, in an amount not to exceed $50,000 and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to this municipality for the Cascadilla Boathouse Reconstruction project and a covenant to the deed of the assisted property for a term of not more than 23 years after the last grant reimbursement has been paid, and be it further RESOLVED, That the required City matching share of $50,000 shall be transferred to Capital Project #275 Cascadilla Boathouse Reconstruction for this purpose, contingent upon final approval and receipt of said grant funds, and, be it further RESOLVED, That Capital Project #275 Cascadilla Boathouse Reconstruction shall be amended by an amount not to exceed $100,000 for a total project cost of $200,000, subject to the conditions disclosed herein, and, be it further RESOLVED, That the City share of $50,000 shall be derived from the issuance of serial bonds, and be it further RESOLVED, That by this resolution and subject to its terms Common Council does hereby reaffirm its action of May 4, 1994 respecting the stabilization of the Cascadilla Boathouse. Discussion followed on the floor regarding this project and the possible future uses of this building. A vote on the resolution resulted as follows: Ayes (8) - Booth, Hanna, Gray, Johnson, Mackesey, Schroeder, Sams, Shenk Nays (2) - Efroymson, Thorpe Carried (8-2) June 1, 1994 NEW BUSINESS: Local Designation of the Ithaca Masonic Temple at 115 North Cayuga Street Martha Preston, Chair of the Ithaca Landmarks Preservation Commission, addressed Council regarding the vote just taken at their meeting on the recommendation to Council relative to the designation of the Ithaca Masonic Temple as a local landmark. She reported that the vote was 5 in favor, 0 opposed. She stated that the ILPC is making this information known to the Council and is in no way encouraging any procedural changes. Discussion followed on the floor with Mr. Van Cort and Ms. Chatterton of the Planning Department, and City Attorney Guttman answering questions from Council members. Designation of Lead Agency Status for Environmental Review By Alderperson Schroeder: Seconded by Alderperson Thorpe WHEREAS, State Law and Section 176.6 of the Municipal Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed local designation of the Ithaca Masonic Temple, 115 North Cayuga Street as set forth in Chapter 228 of the Municipal Code may require review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself lead agency for the environmental review of the proposed local designation. Carried Unanimously Finding of No Significant Environmental Impact By Alderperson Schroeder: Seconded by Alderperson Gray WHEREAS, local designation as set forth in Chapter 228 of the Municipal Code may require review under the State's and City's Environmental Quality Review Act, and WHEREAS, appropriate Environmental Review has been conducted to assess impacts of local designation of the Masonic Temple, 115 North Cayuga Street, including the preparation of a Short Environmental Assessment Form, and WHEREAS, it appears that the proposed action is an "unlisted action" under the State Environmental Quality Review Act (SEQRA), including Part 617 Regulation thereunder, and is an "unlisted action" under the City Environmental Quality Review Act, and WHEREAS, the Ithaca Landmarks Preservation Commission, as an involved agency, and the Conservation Advisory Council have reviewed the Short Environmental Assessment Form and recommend that the proposed action at issue will not have a significant effect on the environment; now, therefore, be it RESOLVED, That the Ithaca Common Council, as lead agency, finds that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances. Extensive discussion followed on the floor regarding landmark designation procedures. A vote on the resolution resulted as follows: June 1, 1994 Ayes (9) - Johnson, Schroeder, Gray, Sams, Mackesey, Thorpe, Shenk, Efroymson, Hanna Nay (1) - Booth Carried (9-1) Approval of Local Designation of the Ithaca Masonic Temple By Alderperson Schroeder: Seconded by Alderperson Efroymson WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission may designate landmarks and districts of historic and cultural significance, and WHEREAS, on May 23, 1994 the Commission held a public hearing to consider designation of the Ithaca Masonic Temple, 115 North Cayuga Street as a local landmark, and WHEREAS, the meeting was continued to June 1, 1994, and WHEREAS, the Commission finds that the Ithaca Masonic Temple meets criteria for designation as a local landmark and has voted to approve the designation, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said designation, approve, disapprove or refer back to the Commission for modification, and WHEREAS, as set forth in Section 228-4(C) of the Municipal Code, the Planning Board shall file a report with the Council with respect to the relation of such designation to the master plan, the zoning laws, projected public improvements and any plans for the renewal of the site or area involved, and WHEREAS, the following report has been prepared to address the above considerations: 1. Relation to the Master Plan Neither Ithaca, NY: A General Plan, 1971, the Report of the Downtown Vision Task Force, 1991, or the Downtown Design Plan, 1992 contain recommendations that conflict with the proposal to designate the Ithaca Masonic Temple as a local landmark. There are no recommendations to change or intensify current appearance or use of the site. Local designation is consistent with the finding of the Downtown Vision Task Force, 1991 stated below: "Downtown Ithaca's historic character and its authenticity as a traditional small town business center are central to its appeal. These qualities clearly distinguish downtown Ithaca from ubiquitous artificiality of enclosed suburban shopping malls, and help make it a special and desirable destination for residents and visitors." Local designation is in keeping with the recommendation in the Report of the Downtown Vision Task Force, 1991 to implement an historic theme to establish a distinctive corridor along Cayuga Street leading from the west end of the Commons to DeWitt Park. 2. Relation to Zoning Laws The zoning classification of the site proposed for local designation is CBD-60 and, as such, is consistent with existing conditions of the site and building. The CBD-60 zone limits building height to 60' to insure that new construction is compatible with existing three to four story buildings. The height of the Ithaca Masonic Temple is June 1, 1994 consistent with this objective. Maximum lot coverage is 100% excepting a required 10' rear yard dimension. Local designation does not conflict with uses allowed under the Zoning Ordinance. Commission review is limited to proposed exterior alterations, additions and demolition. Local designation does not restrict building use. 3. Relation to projected public improvements No public improvements for this site or this area are proposed in any of the planning documents noted above, or in the Five Year Capital Projects Plan. 4. Relation to plans for renewal of the site or the area There are no plans for renewal of the Masonic Temple site or the surrounding area. Now, therefore, be it RESOLVED, That the Ithaca Common Council finds that the designation will not conflict with the master plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, That the Ithaca Masonic Temple meets the definition of a local landmark as set forth in the Municipal Code, and be it further RESOLVED, That the Ithaca Common Council approves the designation of the Ithaca Masonic Temple as a local landmark. Martha Preston, Chair of the Ithaca Landmarks Preservation Commission read into the record the following resolution that was adopted by the ILPC at the June 1, 1994 meeting: "WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Commission may designate landmarks and districts of historic and cultural significance, and WHEREAS, Historic Ithaca and Tompkins County Inc. has requested that the Commission consider designation of the Ithaca Masonic Temple, 115 North Cayuga Street, as a local landmark, and WHEREAS, a special public hearing was scheduled for May 23, 1994, to consider designation of the Ithaca Masonic Temple as a local landmark, and WHEREAS, the meeting was continued to June 1, 1994, and WHEREAS, Section 228-3 of the Municipal Code defines a Landmark as follows: A structure, memorial or site or a group of structures or memorials, including the adjacent areas necessary for the proper appreciation of the landmark, deemed worthy of preservation, by reason of its value to the city as: A. An outstanding example of a structure or memorial representative of its era, either past or present. B. One of the few remaining examples of a past architectural style or combination of styles. C. A place where an historical event of significance to the city, region, state or nation or representative activity of a past era took place or any structure, memorial or site which has a special character, special historical aesthetic interest and value as part of the development, heritage and cultural characteristics of the City of Ithaca, including sites of natural or ecological interest. June 1, 1994 WHEREAS, the Commission has made the following findings of fact concerning the proposed designation: The Commission has heard expert opinion concerning the architectural significance of the Ithaca Masonic Temple as an excellent example of the Egyptian Revival style as it was manifested in the 1920s The Commission has heard expert opinion that the Ithaca Masonic Temple is one the few remaining examples of the Egyptian Revival style in the upstate New York region The Ithaca Masonic Temple is representative of the influence and importance of Freemasonry on Ithaca's development, heritage and cultural characteristics The Ithaca Masonic Temple is the first building in Ithaca designed primarily for use by the Masons, is a place where activity representative of a past era took place and has a special character, special historical aesthetic interest and value as part of the development, heritage and cultural characteristics of the City of Ithaca The Ithaca Masonic Temple of 1926 is a significant example of the later work of the locally prominent architectural firm of Gibb and Waltz Arthur Gibb and Ornan Waltz, both in partnership and as individual architects, have had a significant and lasting impact on Ithaca's architectural development WHEREAS, the Ithaca Landmarks Preservation Commission adopts as its own, the documentation and information more fully set forth in the expanded New York State Building Structure Inventory form dated 5/18/93, additions to the original inventory form submitted May 20, 1994, all record of the meetings of 6/1/93, 6/16/93, 5/23/94, 6/1/94, including all public comment and expert opinions; now, therefore, be it RESOLVED, That the Ithaca Landmarks Preservation Commission, determines that the Ithaca Masonic Temple meets all three of the possible criteria defining a Local Landmark as set forth in Section 228-3 of the Municipal Code, and be it further RESOLVED, That the Commission hereby designates the Ithaca Masonic Temple as a local landmark." Attorney William Shaw, representing Jason Fane, owner of the Masonic Temple building, addressed Council and objected strenuously to any consideration of this matter at this meeting. Attorney Shaw spoke at length to Council regarding the procedures of designating the Masonic Temple a local landmark. Extensive discussion followed on the floor. A vote on the resolution for Approval of Local Designation of the Ithaca Masonic Temple resulted as follows: Carried Unanimously * 18.8 Planning and Development - Request Mayor's Authorization to Sign Contract for Adequacy Review of Wal-Mart Draft EIS By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, East Coast Development Company has submitted a Draft Environmental Impact Statement (DEIS) for the proposed Wal-Mart store on Elmira Road to the Planning and Development Board, the lead agency for the review of this project, and WHEREAS, the Project Coordinating Committee has determined that outstanding commitments and obligations will prevent staff from conducting the level of review and analysis of the DEIS required June 1, 1994 by the Planning Board as part of its decision making process for the proposed Wal-Mark store, and WHEREAS, section 617.17 of the State Environmental Quality Review Regulations allows the lead agency to charge the cost of reviewing an Environmental Impact Statement to the applicant, provided the cost of such review does not exceed one half of one percent of the construction cost of the project, and WHEREAS, the Planning Board has directed a committee consisting of representatives of the Board, the Conservation Advisory Council and staff to solicit proposals from qualified firms to conduct the review of the DEIS and has approved the committee's recommendation to hire Clough Harbour Associates for this agreement, and WHEREAS, the applicant has agreed to a total fee of $16,800 which will allow Clough Harbour to conduct both a review for adequacy and a technical review; now, therefore be it RESOLVED, That the Mayor, subject to the advice of the City Attorney and Director of Planning and Development, is authorized to enter into a contract with Clough Harbour Associates to review the DEIS respecting the proposed Wal-Mart Store for an amount not to exceed $16,800, contingent on the applicant's establishing an escrow account in the same amount with its New York State attorney. Payment of invoices from Clough Harbour Associates will be made only when the requested amount has been paid to the City by the applicant from this escrow account. A vote on the resolution resulted as follows: Carried Unanimously * 18.9 Planning & Development - Request To Establish Capital Project For Daycare Center By Alderperson Booth: Seconded by Alderperson Johnson WHEREAS, The City approved the acquisition of the BT Glass Building in 1991 to be renovated for Daycare purposes at a cost of $250,000 including building acquisition, and WHEREAS, It has been determined that the BT Glass Building is not financially feasible to be renovated as a Daycare Center, and WHEREAS, The Drop In Children's Center has expressed interest in the lease or purchase of City property, including building, on First Street to establish a City Daycare Center; now, therefore, be it RESOLVED, That Capital Project #290 Daycare Center be established in the amount of $72,000 for the purposes of the reconstruction of a Daycare Center. Carried Unanimously * 18.10 Attorney - Request To Amend Personnel Roster By Alderperson Booth: Seconded by Alderperson Efroymson RESOLVED, That the Personnel Roster of the City Attorney's Office be hereby amended by increasing the part-time position of the Confidential Secretary to the City Attorney from 17.5 hours to 30 hours per week effective June 15, 1994, and, be it further RESOLVED, That funds needed for said increase in hours will be derived from existing funds within the City Attorney's 1994 Budget. Carried Unanimously * 18.11 Department of Public Works - Personnel Matter June 1, 1994 By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, the Superintendent of Public Works and the Board of Public Works have recommended an increase in salary for Richard L. Ferrel, Assistant Superintendent of Public Works (Streets and Facilities), and WHEREAS, the Budget and Administration Committee and Common Council have reviewed this recommendation; now, therefore, be it RESOLVED, That Common Council approved a salary a of $56,000 per year effective the week of July 3, 1994, and that the funds shall be derived as follows: Account Change No. Name Increase Decrease 1440-110 City Eng.-Staff Salary $4,000 5010-105 Streets Admin.-Admin Salary $3,500 Related Benefit Accounts 500 Carried Unanimously * 18.12 GIAC - Request To Amend 1994 Authorized Equipment List By Alderperson Booth: Seconded by Alderperson Efroymson WHEREAS, GIAC's current copier is four years old and in need of repairs to maintain the machine at its previous operating levels, and WHEREAS, GIAC staff, in conjunction with the Controller's office, has reviewed various copier machines and recommended a machine with an estimated cost of $7,475; now, therefore, be it RESOLVED, That the 1994 GIAC Authorized Equipment list be amended by adding the following: One (1) copier machine $7,475 and be it further RESOLVED, That funding for said machine will be derived by transferring an amount not to exceed $2,916 from Unrestricted Contingency Account A1990 to Account A7311-210-1100 Office Equipment and amending the 1994 GIAC Budget as follows: Decrease Appropriation Accounts: A7311-215-1100 GIAC Vehicles $3,609 A7311-476-1100 GIAC Equipment Maint. 950 Increase Appropriation Accounts: A7311-210-1100 GIAC Office Equipment $4,559 Carried Unanimously * 18.13 Finance - Controller - Request To Amend Computer Acquisition Capital Project By Alderperson Booth: Seconded by Alderperson Gray WHEREAS, Common Council, on January 5, 1994, approved an amendment to Capital Project #211 for the acquisition of hardware and conversion of existing software application for the Finance Department in the amount of $30,000, and WHEREAS, The City Controller is recommending that the City's computer financial software program be replaced at an estimated cost of $90,000 and the new computer hardware and software conversion cost estimation has been increased from $30,000 to $50,000 to include a new printer and hardware contingency, and WHEREAS, The City Controller coordinated the prepared acquisition of computer equipment, related software, conversion of existing June 1, 1994 software applications with the City Computer Committee; now, therefore, be it RESOLVED, That Capital Project #211 Computer Acquisition be increased by an amount not to exceed $110,000 to a total not to exceed $140,000, for the following: Increased Hardware Costs $20,000 Computer Financial Software Acquisition 90,000 and be it further RESOLVED, That the funds for said computer upgrades, and a acquisition be financed through the issuance of serial bonds. Discussion followed on the floor. A vote on the resolution resulted as follows: Carried Unanimously * 18.14 Youth Committee - Request To Amend 1994 Youth Bureau Budget By Alderperson Booth: Seconded by Alderperson Shenk WHEREAS, the Youth Committee has recommended that $8,905 be used to expand the City's Youth Bureau Youth Employment Services program to involve more of Ithaca's young people in productive activities, and WHEREAS, the expansion of the program will allow ten young City residents to participate in the Municipal Jobs Program during seven weeks of the Summer; now, therefore, be it RESOLVED, That the 1994 Youth Bureau Budget be amended by transferring an amount not to exceed $8,905 from Unrestricted Contingency Account A1990 to the following: Appropriation Accounts: A7311-120-1202 Hourly P/T Y.E.S. $7,225 A7311-110-1202 Admin. Y.E.S. 1,000 A9030 Social Security 629 A9040 Workers' Compensation 51 Carried Unanimously * 18.15 Finance/Controller - Request to Amend Computer Acquisition Capital Project This Item was withdrawn from the Agenda. * 18.16 (a) A Resolution Authorizing the Issuance of an Additional $345,266 Serial Bonds of the City of Ithaca, Tompkins County, New York, to Pay Additional Costs of the Reconstruction of Various Streets and Roadways Throughout and In and For Said City. By Alderperson Booth: Seconded by Alderperson Johnson A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $345,266 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE RECONSTRUCTION OF VARIOUS STREETS AND ROADWAYS THROUGHOUT AND IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, by bond resolution dated January 5, 1994, the Common Council of the City of Ithaca, Tompkins County, New York, June 1, 1994 authorized, among other things, the issuance of $400,000 serial bonds of said City to pay the cost of the reconstruction of various streets and roadways throughout and in and for said City, including incidental improvements and expenses in connection therewith; and WHEREAS, it has not been determined that the maximum estimated cost of such project is $745,266, an increase of $345,266 over that previously authorized, and WHEREAS, it is now desired to authorize the issuance of an additional $345,266 serial bonds for such purpose; now, therefore, be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying additional costs of the reconstruction of various streets and roadways, including incidental improvements and expenses in connection therewith, throughout and in and for the City of Ithaca, Tompkins County, New York, hereby authorized to be issued an additional $345,266 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such class of objects or purposes is now determined to be $745,266, and that the plan for the financing thereof is as follows: a. By the issuance of the $400,000 serial bonds of said City authorized to be issued pursuant to bond resolution dated January 5, 1994; and b. By the issuance of the additional $345,266 serial bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. 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, calculated from February 1, 1994, the date of issuance of the first bond anticipation notes for said class of objects or purposes. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby 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 5. 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 each 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. Section 6. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed June 1, 1994 and attested by the manual or facsimile signature of the City Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if 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 9. 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 10. This resolution shall constitute a statement of official intent for 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 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. June 1, 1994 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Mackesey - Aye Shenk - Aye Sams - Aye Efroymson - Aye Johnson - Aye Booth - Aye Schroeder - Aye Hanna - Aye Gray - Aye Thorpe - Aye Carried Unanimously * 18.16 (b) A Resolution Authorizing the Issuance of $202,000 Serial Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Objects or Purposes In and For Said City. By Alderperson Booth: Seconded by Alderperson Johnson A RESOLUTION AUTHORIZING THE ISSUANCE OF $202,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN 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 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 $202,000 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such specific objects or purposes in accordance with the maximum estimated cost of each. Such specific objects or purposes are as follows: a) To fund the City's share of the cost of the design and construction of a daycare facility at 500 First Street in said City, including original furnishings, equipment, machinery, apparatus, appurtenances, and other incidental improvements and expenses in connection therewith, at a maximum estimated cost of $72,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11(a) of paragraph a of Section 11.00 of the Local Finance Law; and b) The installation of fiber optic line throughout said City to link the police, fire, City Hall, County and other facilities for telecommunications purposes, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $130,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 25 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 is $202,000, 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 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 June 1, 1994 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 and 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. 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 a facsimile of its corporate seal shall be imprinted or impressed and attested by the manual or 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 the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of 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 or 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 Financial Law, as the Controller shall determine. Section 8. The validity of the 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 June 1, 1994 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Sections 1.150-2(d) and (e). Other than 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, 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Gray -- Aye Hanna -- Aye Schroeder -- Aye Booth -- Aye Johnson -- Aye Sams -- Aye Efroymson -- Aye Shenk -- Aye Mackesey -- Aye Thorpe -- Aye Carried Unanimously * 18.16 (c) A Resolution Authorizing the Issuance of an Additional $110,000 Serial Bonds of the City of Ithaca, Tompkins County, New York, to Pay Additional Costs of the Purchase of Computer Hardware and to Purchase Software For a Financial Management System In and For Said City By Alderperson Booth: Seconded by Alderperson Johnson A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $110,000 SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY ADDITIONAL COSTS OF THE PURCHASE OF COMPUTER HARDWARE AND TO PURCHASE SOFTWARE FOR A FINANCIAL MANAGEMENT SYSTEM IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed, and WHEREAS, by bond resolution dated January 5, 1994, the Common Council of the City of Ithaca, Tompkins County, New York, authorized, among other things, the issuance of $30,000 serial bonds of said City to pay the cost of the purchase of computer equipment (hardware) for the Finance Department in and for said City, including incidental improvements and expenses in connection therewith, and WHEREAS, it has now been determined that the maximum estimated cost of such purchase of computer equipment (hardware) is $50,000, an increase of $20,000 over that previously authorized, and WHEREAS, it has now been further determined that the purchase of software for said equipment is required at a maximum estimated cost of $90,000, and June 1, 1994 WHEREAS, it is now desired to authorize the issuance of an additional $110,000 serial bonds for such purposes; now, therefore, be it RESOLVED, By the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying additional costs of the purchase of computer equipment (hardware) June 1, 1994 including incidental improvements and expenses in connection therewith, for a financial management system for said City, and for the specific object or purpose of paying the cost of the purchase of computer software for said financial management system, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $110,000 serial bonds of said City pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated cost of such specific object or purposes is now determined to be $140,000, and that the plan for the financing thereof is as follows: a. By the issuance of the $30,000 serial bonds of said City authorized to be issued for computer equipment (hardware) pursuant to bond resolution dated January 5, 1994; and b. By the issuance of the additional $20,000 serial bonds of said City authorized to be issued pursuant to this bond resolution for the purchase of additional computer equipment (hardware); and c. By the issuance of $90,000 serial bonds of said City authorized to be issued pursuant to this bond resolution for the purchase of new computer software for said financial management system. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid purchase of computer equipment (hardware) is ten years, pursuant to subdivision 81(a) of paragraph a of Section 11.00 of the Local Finance Law, calculated from February 1, 1994, the date of issuance of the first bond anticipation note issued therefor, and that the period of probable usefulness of the aforesaid purchase of computer software is five years, pursuant to subdivision 81(b) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby 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 5. 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. Section 6. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and attested by the manual or facsimile signature of the City Clerk. Section 7. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds June 1, 1994 for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 8. All other matters, except as provided herein relating to such bonds, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controllers, 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 9. 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 10. This resolution shall constitute a statement of official intent for 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 11. This resolution, which takes effect immediately, shall be published in full in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Booth - Aye Johnson - Aye Efroymson - Aye Schroeder - Aye June 1, 1994 Sams - Aye Shenk - Aye Mackesey - Aye Hanna - Aye Gray - Aye Thorpe - Aye Carried Unanimously EXECUTIVE SESSION: By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Council adjourn into Executive Session at 11:25 p.m. to discuss appraisals of potential substitute park land (Inlet Island Land Use Plan) and possible acquisition of appraised property. REGULAR SESSION/ADJOURNMENT: Common Council reconvened in Regular Session at 11:50 p.m. and adjourned the meeting. Carol Shipe Benjamin Nichols Administrative Secretary Mayor