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