HomeMy WebLinkAboutMN-CC-1996-07-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting7:00 P.M. July 2, 1996
PRESENT:
Mayor Cohen
Alderpersons (10) - Johnson, Blumenthal, Marcham, Hanna, Sams,
Gray, Thorpe, Shenk, Mackesey, Efroymson
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Planning and Development Deputy Director - Sieverding
Building Commissioner - Eckstrom
Acting Police Chief - Barnes
Fire Chief - Wilbur
Youth Bureau Director - Cohen
Superintendent of Public Works - Gray
Board of Public Works Commissioner - Reeves
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of the Minutes of the March 6, 1996 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Gray
RESOLVED, That the Minutes of the March 6, 1996 Common Council
meeting be approved as published.
Carried Unanimously
Approval of the Minutes of the April 3, 1996 Common Council
Meeting
By Alderperson Johnson: Seconded by Alderperson Hanna
RESOLVED, That the Minutes of the April 3, 1996 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Law and Governance Committee
Alderperson Efroymson requested the addition of a report.
No Council member objected.
Community Issues Committee
Alderperson Sams requested the addition of reports on Ithaca
Child and Tompkins County Human Services.
No Council member objected.
Executive Session
Alderperson Efroymson requested the addition of an Executive
Session to discuss possible litigation.
No Council member objected.
YOUTH AWARD:
Alderperson Gray announced that this month's Youth Award is being
presented to the participants of the "Community Builders" After
School Program at the Southside Community Center. He explained
what the program offers, and thanked the children for
participating in a program that enriches our community.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
State Parks
Ms. Doria Higgins, Town of Ithaca, speaking for Citizens to Save
Our Parks, read a statement regarding a proposal to transfer
State land by the Hangar Theater to the City in recompense for
the park land that was annexed to the State without City
permission when pier 6 was built in Allan H. Treman State Marine
Park, and regarding a cluster development scheduled to be built
within 60 feet of Buttermilk Falls State Park.
Kitchen Theater Company
Ms. Mandy Snyder, manager of the Kitchen Theater Company,
addressed Council regarding the request for funding on the
agenda.
Business Improvement District (BID)
The following persons spoke to Council in favor of the BID:
Mr. Albert Smith, owner of the Short Stop Deli
Ms. Betsy Park, owner of 15 Steps
Mr. Mack Travis, TSD Associates, Center Ithaca
Ms. Emma Lou Shiek, business owner, City of Ithaca
Joint Statement regarding Police/Community Relations
Ithaca Police Officer Beau Saul and MRC Coordinator Terrence
Calhoun presented the following statement to Council:
"First, we would like to thank the many well intentioned people
who share some of their ideas and some of their sample language
with us. It is interesting to note that the focus of some sample
language was on acknowledging a problem exists, while other
sample language focused on the tough job policing in Ithaca is
and the many fine dedicated officers we have.
We started our meeting with most of that focus already understood
and acknowledged. Perhaps, with the burden of being elected
officials not upon us, we decided to focus on some specifics.
And, further exercising our freedom as just regular residents, as
opposed to elected officials, we also decided to leave the
whereas' and resolveds' to you.
Even after reviewing the notes and some of the tape of last
week's meeting, we were unsure as to what exactly our charge was.
That stated, allow us to share some of our concerns and some
easily attainable solutions.
We realize that our community demands that aggressive, thorough,
and proactive enforcement be conducted by our police officers,
especially in the area of drugs and violence. Police officers
acknowledge that consistent with this demand, an environment is
created in which unfounded biases come into the interaction
between our community members and of our police officers. As a
result, there are problems that occur in the everyday encounters
between some of our community members and some of our police
officers. These problems can and have resulted in strong
feelings of mistrust, anger, and frustration.
We also sense that there is a strong desire to change this
current dynamic in police/community relations. In order to
better address these issues, we would like to develop a strategy
for both an immediate course of action as well as on-going future
actions. Some possible plans for action are listed below. In
order to do these things and address these problems, we would
like Common Council to:
1) Agree that the issues of Police Community relations are
important and that the situation that currently exists is not as
good as it should be;
2) Commit to both the immediate and the on-going action plans
suggested in this statement and to consider the resolves listed
in the "MRC Police" resolution.
As for our suggestions for immediate action we would like;
1) Common Council to make available the resources necessary to
facilitate, and make happen, frequent opportunities that bring
together members of our community and police officers in an
environment of positive interaction.
2) There is a need for a group to examine training for the
remained of 1996 and in the future. Other than infrequent,
inconsistently provided training, and the twice a year required
trip to the shooting range, our officers have none. This group
shall consist of members of the community, the Chief of Police,
police officers, members of the 1992 task force on training, and
members of Common Council.
3) A commitment to a new hiring procedure of police officers and
the promotion of officers internally within our police
department. Recognizing that it is ultimately the Chief of
Police's decision whether he/she hires or promotes somebody
within the police department, we feel that increasing the avenues
of input in such a selection is critical. As such, a screening
committee should involve people of color from the downtown
community, as well as from other constituencies. An immediate
formation of such a committee would demonstrate Common Council's
and the Mayor's commitment in addressing these issues. We
understand that the Mayor has already stated publicly that he is
willing to have this type of involvement in the selection and
hiring of a permanent Chief of Police.
4) Keeping in mind that we should be committed to having our
police department be reflective of our community and the
community it serves, we want to ensure that the hiring practices
of the IPD reflect our City's diversity. The statement by Chief
Barnes (7/1/96) addresses this, and we fully support and applaud
his statement. Diverse hiring practices need to be an on-going
commitment.
Our suggestions for long-term, on-going action include, but are
not limited to the following:
1) Having diverse hiring practices as mentioned above.
2) addressing structural systems deficiencies with the police
department.
3) Documentation concerning on-going trainings within the police
department. This documentation needs to reflect any directive,
allocations of time, and an action plan which would ensure its
longevity (this includes planning for financial needs as they
relate to any and all trainings.
4) An examination of the current methods of community
interaction with the police department (i.e. the Police Community
Review Board, Lay Advocates of CDRC) to determine that they are
operating with community interests in mind. It is our
understanding that now these methods are simply viewed as an
extension of the police department.
You have now been told, put on notice, if you will, by some of
our community members that there is a problem. Our police
officers agree. Our Chief and our Mayor agree. It has reached
the stage where our officers feel the City has become negligent
in its actions and inactions to the officers and, in turn, to the
people of our City.
Finally, as we see it, a commitment to all these issues
(immediate and on-going) is the only manner in which you as
members of Common Council can ensure that we have a truly
reflective, responsive, and accountable police department. Thank
you very much for your consideration."
Mr. Guy Gerard, City of Ithaca resident, read a statement and
spoke to Council regarding the Police/Community Relations issue.
Ms. Patricia Pryor, City of Ithaca resident, spoke to Council in
support of the statement made by Officer Saul and Mr. Calhoun.
Ms. Mary Weber, City of Ithaca resident, spoke to Council in
support of Terrence Calhoun as a training facilitator for the
Ithaca Police Department.
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Reeves reported to Council on the following:
The Board waived the Stewart Park pavilion fee for the City of
Ithaca Employee Recognition Picnic
The Board approved the installation of sidewalks on Esty Street,
with a one year delay, and requests that Council review the code
requirements for sidewalk installations. The Board recommends
that the cost of sidewalk construction be charged to the City,
with the property owners being responsible for maintenance and
repair
The Board passed a resolution requesting an upgrade of the
traffic signal at Route 13 and Commercial Avenue with the
provision of funding assistance from the County
The BPW COW will meet on July 10th and 24th, the regular meetings
will be on July 17th and 31st
The Board awarded engineering services contract for the Streets
and Facilities cold storage building
The Board granted an encroachment request for the City Hall Annex
The Board denied a request for a Stop sign on Cascadilla Street
at North Geneva Street
The Board approved a request for a Stop sign on North Tioga
Street at East Tompkins Street
The Board awarded the Water Plant Study contract to O'Brien and
Geer Engineering. The study will include the Ithaca area as well
as Cornell and Bolton Point.
The Board awarded the bid for the trash and recycling stations on
the Commons and Collegetown.
The Board passed a resolution supporting the reorganization of
the Water and Sewer Department which includes filling vacancies
and creating promotional opportunities.
Fire/Smoke Detection Requirements
Building Commissioner Eckstrom noted that the date of compliance
for the Fire/Smoke Detection Ordinance is August 15, 1996. He
stated that installers will not be able to meet the deadline as a
large number of properties are involved. He requested that this
issue be referred to the Law and Governance Committee for further
consideration.
REPORT OF THE CITY ATTORNEY:
Wal-Mart
City Attorney Geldenhuys reported that the City filed an
application to dismiss the Wal-Mart appeal as the East Coast
Development Company never pursued the appeal further. The City
recently received a statement from East Coast Development to the
Appellate Division stating that they did not intend to pursue the
appeal.
Sage Hall Litigation
City Attorney Geldenhuys reported that the Heritage Coalition
applied to the Court of Appeals for leave to appeal the decision
of the Appellate Division, which denied them standing and
dismissed their petition. That application was heard today, and
we can expect a decision within a month.
Same Sex Marriage Issue/Storrs vs. Holcomb
City Attorney Geldenhuys reported that Storrs vs. City Clerk
Holcomb was dismissed and Tompkins County Supreme Court issued a
declaratory judgment stating that under the current New York
State law, same sex marriages are not permitted. There is a
thirty day appeal period in which the Storrs' may appeal this
decision.
Alderperson Thorpe stated that the Judge's decision regarding
same sex marriages is very negative, and has considerable
ramifications, especially if the decision is appealed, and
another negative decision is made. Alderperson Thorpe further
noted that Mr. Storrs is acting against the recommendations of
LAMBDA Legal Defense, and Empire State Pride Agenda. Prior to
this decision there was nothing in New York State law that
specifically said that people of the same sex could not get
married, now there is.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
* 14.1 Business Improvement District - Call for Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
WHEREAS, Common Council, during its meeting on August 2, 1995,
adopted a resolution authorizing the preparation of district plan
on which the establishment of a Business Improvement District
would be based and
WHEREAS, the Ithaca Downtown Business Improvement District plan
has been completed and is on file with City Clerk's office; now,
therefore, be it
RESOLVED, That a copy of said plan is hereby attached to the
minutes as "Attachment A", and be it further
RESOLVED, That said plan is available for public inspection in
the Office of the City Clerk during normal business hours, said
office being located at City Hall, 108 East Green Street, Ithaca,
NY, and be it further
RESOLVED, That August 7, at 7:00 P.M., is hereby designated as
the time and Common Council Chambers, as the place at which all
interested persons may be publicly heard upon this proposed
Business Improvement District Plan, and be it further
RESOLVED, That written objections to the establishment of the
proposed district from owners of real property deemed benefitted,
and within the proposed district, must be filed in the Office of
the City Clerk, on forms provided by the Clerk, within thirty
days of the conclusion of the public hearing set forth above, and
be it further
RESOLVED, If written objections from the following people are
properly filed within the prescribed time limit, the proposed
district will not be established and the establishment of a
district including any of the same properties may not be
considered for one year:
A) the owner(s) of at least fifty-one per cent of the
establishment, as shown upon the latest completed
assessment roll of the municipality, or
B) at least fifty-one percent ofthe owners of benefitted
real property within the proposed district.
Planning and Development Deputy Director Sieverding explained the
changes that were made to the last draft.
A vote on the resolution for a call for public hearing resulted
as follows:
Carried Unanimously
* 14.2 Request Funds for City Participation in BID
By Alderperson Blumenthal: Seconded by Alderperson Johnson
WHEREAS, the City is one of the major property owners within the
proposed boundaries of the Ithaca Business Improvement District,
and
WHEREAS, the proposed Business Improvement District will provide
programs and services to the proposed district that will benefit
all property owners and tenants within the area, and
WHEREAS, based on an opinion issued by the State of New York
Office of Real Property Services which states that the enabling
legislation for Business Improvement Districts did not intend to
impose financial liability regarding the BID assessment on tax
exempt property, these properties have been excluded from the BID
assessment, and
WHEREAS, the BID program of services, which includes business
retention and development and retail marketing and promotion, are
ones which will benefit the City by potentially expanding the
sales and property tax base, and
WHEREAS, the City is committed to the BID concept as a vehicle
that establishes the partnership between the private and public
sector so essential to a successful central business district
enhancement program, and
WHEREAS, the City agrees that a reasonable basis for the City's
financial participation in the BID is the assessed value of City
owned property within the BID boundary area, and
WHEREAS, the BID budget is based on an ad valorem assessment
equal to 17.5% of the City property tax rate; now, therefore, be
it
RESOLVED, That the Common Council requests the Mayor to include
in his 1997 proposed budget $19,600 as the City's contribution to
the BID budget, said $19,600 representing the BID assessment
applied to the assessed value of City property within the BID.
Carried Unanimously
COMMUNITY ISSUES COMMITTEE:
* 15.2 Police Relations with the Ithaca Community
By Alderperson Thorpe: Seconded by Alderperson Hanna
WHEREAS, a good relationship between the Ithaca Police Department
(IPD) and the citizens of the City of Ithaca is vital for the
safety and well-being of the City and its residents, and
WHEREAS, concerns continue to be raised about issues relating to
this relationship, most recently in a resolution by the Multi-
cultural Resource Center (MRC), and
WHEREAS, Beau Saul of the IPD and Terrence Calhoun of the MRC
have been meeting to discuss this issue, and
WHEREAS, Common Council concurs with their assessment that
community/police relations are not as good as they should be, and
WHEREAS, Common Council sees an urgent need for the City to
address these problems in the most expeditious and effective way
possible; now, therefore, be it
RESOLVED, That the Community Issues Committee will, at their July
meeting, consider the strategies outlined by Mr. Calhoun and
Officer Saul and produce a plan for implementing those strategies
that they deem feasible and effective, and be it further
RESOLVED, That Common Council allocates $500. from Unrestricted
Contingency to the Neighborhood Improvement Incentive Fund to be
used for opportunities that bring together members of our
community and police officers in an environment of positive
interaction.
Extensive discussion followed on the floor. Acting Police Chief
Barnes spoke to Council regarding the need for additional police
training.
A vote on the resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.1 Common Council - Request Funds for Intern for Rental
Housing Advisory Commission - Resolution
Mr. Eric Lehmann, a prospective intern, spoke to Council
regarding the need for funding to hire an intern to work with the
Rental Housing Commission. He stated that the Commission has had
funds allocated for an intern, based on a matching funds grant
from Cornell, for the past two years. He stated that this
funding option is not available to him however, as he is working
on a different major. The Commission is requesting $2,500. to
hire an intern to complete research projects.
Extensive discussion followed on the floor regarding possible
funding sources.
Resolution
By Alderperson Shenk: Seconded by Alderperson Efroymson
RESOLVED, That $1,000 be transferred from A1990 Unrestricted
Contingency to Account A1315-5435 Finance Department for
Contractual Services for the Rental Housing Advisory Commission.
Ayes (7) - Mackesey, Shenk, Gray, Hanna, Thorpe, Sams,
Efroymson
Nays (3) - Marcham, Blumenthal, Johnson
Carried (7-3)
* 17.5 Common Council - Request Emergency Funds for Kitchen
Theater
By Alderperson Shenk: Seconded by Alderperson Gray
WHEREAS, Kitchen Theater Company has requested an emergency
allocation of $10,000 from the City of Ithaca, and
WHEREAS, the allocation is needed as part of a plan to support
their 1995-1996 production season, and
WHEREAS, the Kitchen Theater Company will be making funding
requests to Tompkins County in the amount of $10,000 and securing
$7,000 through private sector donations; now, therefore, be it
RESOLVED, That $3,000 be transferred from Account A1990
Unrestricted Contingency to Account A1012-5435 Service Agency
Contracts to fund an emergency allocation to the Kitchen Theater
Company.
Discussion followed on the floor regarding the increase of
emergency funding requests.
Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Johnson
RESOLVED, That the Resolved Clause be amended to read as follows:
"RESOLVED, That $3,000 be transferred from Account A1990
Unrestricted Contingency to Account A1012-5435 Service Agency
Contracts to fund an emergency allocation to the Kitchen Theater
Company, and that the funds allocated be contingent upon approved
funding by the County."
Alderpersons Efroymson and Thorpe spoke in opposition to the
amending resolution.
A vote on the amending resolution resulted as follows:
Ayes (2) - Blumenthal, Johnson
Nays (8) - Efroymson, Thorpe, Gray, Sams, Hanna, Shenk,
Mackesey, Marcham
Motion Fails (2-8)
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (8) - Efroymson, Thorpe, Gray, Sams, Hanna, Shenk,
Marcham, Mackesey
Nays (2) - Blumenthal, Johnson
Carried (8-2)
RECESS:
Common Council recessed at 9:20 p.m. and reconvened into regular
session at 9:35 p.m.
Human Services Building Memorandum of Understanding - Report
Alderperson Blumenthal reported that the Planning Board completed
an advisory site plan review on the project site. The County
will be distributing an informational newsletter which will be
distributed to the residents on the peripheral streets of the
project.
The asbestos abatement process has started in preparation for
building demolition. The Taj Mahal, at 318 West State Street,
will be demolished on July 8, 1996, and the tanks will be
removed. Following the demolition, asbestos abatement will
commence in the residences along Seneca Street. The entire
process will take from 28 to 32 days to complete.
The County authorized the architect to send out bids for the
foundation and steel work for the building. That bid will be
going out in mid-July, with bids due back in August, with
construction to start in October.
The environmental remediation of the Andre site on Seneca Street
has started as well as tank removal. The contaminated dirt will
be removed shortly in conformance with the DEC regulations. The
development plans are proceeding for the Block 14 parking lot,
consistent with the Memorandum of Understanding. The County has
decided against automated parking gates and are developing a
permit system for employees. The County may be requesting Ithaca
Police Department assistance to ticket unauthorized vehicles.
The lot will be used between 7:00 a.m. and 5:00 p.m. for County
employees and clients, and after 5:00 p.m., in accordance with
the MOU, the lot will be available for public parking.
Zoning Modification for B-4 area east of Tuning Fork - Report
This item was withdrawn from the agenda.
Automated Parking Lot Control Equipment - Report
Alderperson Blumenthal reported on a memo from Lynne Youst
regarding phase 1 design which includes new gating equipment for
all exit and entrance lanes. All existing equipment will be
replaced with automated equipment which will read magnetic
striping. An express lane will also be created at each facility,
and all the equipment will be networked together.
Alderperson Blumenthal noted that there are specific layout
changes that will significantly improve the egress from the
parking lots, particularly Lot D, on the Cayuga Street side.
COMMUNITY ISSUES COMMITTEE:
* 15.1 Code Enforcement Community Service Officer -Request to
Fill Position
This item was withdrawn from the agenda.
County Human Services
Alderperson Sams reported that the Board of Representatives
passed a resolution that would remove $53,410 from the Human
Services budget, which involves six agencies being funded through
departmental budgets. She further stated that this resolution
will not affect the City's money.
Ithaca Child
Alderperson Hanna reported that a report is forthcoming from the
Tompkins County Youth Bureau as part of their technical
assistance to the City of Ithaca.
Recreation Partnership
Mayor Cohen reported that Alice Green from the Youth Bureau is
working very closely with the partnership municipalities. The
partners had a perception that the City was trying to get them to
pay for things that they shouldn't be paying for; i.e. the Cutia
Building.
Mayor Cohen further reported that there was also discussion
regarding representatives from each of the municipalities in the
partnership making a joint request to the County for a continued
minimum funding level of $35,000.
LAW AND GOVERNANCE COMMITTEE:
Code Referendum Issue
Alderperson Efroymson reminded Council that the initial
discussions regarding the referendum issues will be held at the
next Law and Governance Committee meeting.
Alderperson Efroymson reported that the use of City stationary,
and whether or not there is a need for a policy was discussed
extensively at the last committee meeting.
Alderperson Efroymson noted that the issues of graffiti and
shopping carts will be discussed further, with possible solutions
at the Law & Governance meeting.
BUDGET AND ADMINISTRATION COMMITTEE:
* 17.2 DPW - Authorization for Funds for Contribution to
Feasibility Study for University Avenue Reconstruction
By Alderperson Shenk: Seconded by Alderperson Marcham
WHEREAS, the City of Ithaca and Cornell University have for many
years disagreed over the ownership of and responsibility for the
portion of University Avenue which extends from the intersection
of University Avenue and East Avenue on the east to the lower
driveway of the Johnson Museum on the west, and
WHEREAS, there is apparently a pressing need for reconstruction
in the disputed area, and
WHEREAS, the two entities have decided to cooperate in
determining the magnitude of the needed repair in the disputed
area, and
WHEREAS, the Board of Public Works passed a resolution in support
of a joint expenditure by the City with Cornell University for an
engineering repair assessment in the an amount equal to one-half
of the study cost so long as it does not exceed $10,000.00., and
WHEREAS, the City of Ithaca and Cornell University in sharing the
cost of this study do not intend to establish any precedent
regarding the undertaking of similar projects in the Cornell
University area nor to suggest any agreement regarding the
ultimate ownership or responsibility for that portion of
University Avenue; now, therefore, be it
RESOLVED, That the Superintendent of Public Works is authorized
to work cooperatively with Cornell University on this project,
that the City Attorney's Office is authorized to draft or review
a contract outlining the City's commitment to the project and
that the City Controller is authorized to expend funds from the
1996 Capital Project for Street and Road Construction in a amount
not to exceed $10,000.00 to cover the City's respective half of
the cost of the project.
Discussion followed on the floor, with Superintendent Gray
answering questions from Council members.
A vote on the resolution resulted as follows:
Ayes (5) - Blumenthal, Marcham, Sams, Mackesey, Johnson,
Nays (5) - Shenk, Efroymson, Thorpe, Gray, Hanna
Mayor Cohen voted aye to break the tie.
Carried (6-5)
* 17.3 DPW - Request to Temporarily Amend Authorized Personnel
Roster
By Alderperson Shenk: Seconded by Alderperson Gray
WHEREAS, a grievance decision was awarded relating to City
Transit bus drivers being required to take a half-hour break
during the work day, and
WHEREAS, City DPW staff have reviewed the grievance decision,
daily bus schedule, and current personnel roster, pending transit
consolidation, and have determined that an additional Bus Driver
is required to implement the grievance, and
WHEREAS, the grievance decision must be implemented by July 1,
1996; now, therefore, be it
RESOLVED, That the 1996 Authorized Personnel Roster in the DPW be
temporarily amended as follows:
Add: One (1) Temporary Bus Driver F/T
and be it further
RESOLVED, That an amount not to exceed $13,000 be transferred
from Account A1990 Unrestricted Contingency to Account A5630-5115
to fund said temporary position, and be it further
RESOLVED, That the Temporary Bus Driver position be evaluated in
relation to transit consolidation during December, 1996 with
further staff recommendations made at that time.
Carried Unanimously
* 17.4 Request to Provide Funds for 1996 City Employee
Recognition Picnic
By Alderperson Shenk: Seconded by Alderperson Johnson
WHEREAS, the 1996 City of Ithaca Employee Recognition Picnic will
be held Friday, September 20, 1996; now, therefore, be it
RESOLVED, That an amount not to exceed $5,000 be transferred from
Account A1990 Unrestricted Contingency to Account A1430-5440 in
order to pay for the 1996 City of Ithaca Employee Recognition
Picnic.
Carried Unanimously
* 17.6 Planning & Development - Request to Change Use of Funds
By Alderperson Shenk: Seconded by Alderperson Efroymson
WHEREAS, Common Council at its September 6, 1995 meeting approved
$12,000 to perform a feasibility study to analyze the cost of
expansion to the Southside Building, and
WHEREAS, the study was completed at a cost of $6,000, leaving a
remaining balance of $6,000 authorized by Council, and
WHEREAS, the Planning Department is recommending that the
remaining funds be used for architectural design and engineering
work related to the renovation project to the Southside Community
Center; now, therefore, be it
RESOLVED, That an amount not to exceed $6,000 be transferred for
the use of architectural design and engineering work related to
the construction and renovation of the Southside Community
Center, and be it further
RESOLVED, That said cost will be derived from previously
authorized funds in Capital Project #313.
Carried Unanimously
* 17.7 Youth Bureau - Request to Release Contingency Funds
By Alderperson Shenk: Seconded by Alderperson Hanna
WHEREAS, as part of the 1996 Budget, $1,000 was placed in
Restricted Contingency to fund a Junior Lifeguarding Program at
Cass Park, and
WHEREAS, the Youth Bureau has found additional funding within the
existing 1996 Youth Bureau Budget to establish the Junior
Lifeguarding Program for 1996; now, therefore, be it
RESOLVED, That $1,000 be released from Account A1990 Restricted
Contingency and transferred to Account A7310-5120-1305 Cass Park
Pool Hourly P/T to fund the Youth Bureau's 1996 Junior
Lifeguarding Program.
Carried Unanimously
* 17.8 Youth Bureau - Request to Amend 1996 Youth Development
Budget
By Alderperson Shenk: Seconded by Alderperson Hanna
WHEREAS, the Youth Bureau has been notified by Tompkins County
that the City will receive $3,449 in funds to support the Youth
Bureau's Summer Municipal Jobs Program, and
WHEREAS, the funding will enable the Youth Bureau to expand the
number of summer job opportunities for older teens from the City
of Ithaca; now, therefore, be it
RESOLVED, That the 1996 Authorized Youth Employment Service
budget be amended as follows:
Increase Revenue Account:
A7310-2350-1202 Youth Services Other Gov't. $3,449
Increase Appropriation Accounts:
A7310-5120-1202 Hourly P/T $2,989
A7310-5445-1202 Travel 80
A7310-5460-1202 Program Supplies 80
A7310-9030-1202 Social Security 229
A7310-9040-1202 Workers' Compensation 71
Carried Unanimously
* 17.9 Youth Bureau - Request to Amend 1996 Youth Development
Budget
By Alderperson Shenk: Seconded by Alderperson Gray
WHEREAS, the Youth Bureau has been notified by the Town of Ithaca
that the City will receive $4,573 in funds to expand the Youth
Conservation Corps Program and the Municipal Jobs Program, and
WHEREAS, the funding will allow Town of Ithaca teens to
participate during the summer in both the Youth Conservation
Corps Program and the Municipal Jobs Program; now, therefore, be
it
RESOLVED, That the 1996 Authorized Youth Development Budget be
amended as follows:
Increase Revenue Accounts:
A7310-2350-1202 Youth Services Other Gov't. $3,730
A7310-2350-1221 Youth Services Other Gov't. 843
Increase Appropriation Accounts:
A7310-5120-1221 Hourly P/T $ 270
A7310-5120-1202 Hourly P/T 3,350
A7310-5460-1221 Program Supplies 573
A7310-9030-1202 Social Security 256
A7310-9030-1221 Social Security 21
A7310-9040-1202 Workers' Compensation 103
Carried Unanimously
* 17.10 Finance/Controller - Request to Approve Payments in
Settlement of Litigation MOU for Central Processing Facility
By Alderperson Shenk: Seconded by Alderperson Efroymson
WHEREAS, City and County Officials met regarding the settlement
of litigation relating to the Central Processing Facility on
Commercial Avenue, and
WHEREAS, City and County Officials agreed upon payments in
settlement of litigation equal to the City's last property taxes
for the years 1994, 1995 and 1996 with a memorandum of
understanding for future payments; now, therefore, be it
RESOLVED, That Tompkins County agrees to pay the City the
following payments in settlement of litigation relating to the
Central Processing Facility on Commercial Avenue:
1994: $ 5,119.57
1995: $14,710.78
1996: $15,298.86
and be it further
RESOLVED, That the Mayor is hereby authorized to sign a
memorandum of understanding between the City of Ithaca and
Tompkins County providing for the following items of payments in
settlement of litigation relating to the Central Processing
Facility on Commercial Avenue from Tompkins County:
A. Basis of litigation payments to the City of Ithaca
after 1996 with annual payments to be based on the then
wholly exempt assessed value, currently $1,766,000, and
applicable City tax rate for each year;
B. Tompkins County retroactive payment schedule for 1994,
1995 and 1996;
C. Future litigation payments to be made annually by
Tompkins County by the end of the initial County tax
collection period.
Carried Unanimously
* 17.11 Bond Resolution
By Alderperson Shenk: Seconded by Alderperson Hanna
BOND RESOLUTION DATED JULY 2, 1996
A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,186,000 SERIAL BONDS
OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE
COSTS OF VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY.
WHEREAS, all conditions precedent to the financing of the capital
projects hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital projects; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific objects or purposes or classes of
objects or purposes of paying the costs of the following capital
improvements in and for the City of Ithaca, Tompkins County, New
York, there are hereby authorized to be issued $1,186.000 serial
bonds of said City pursuant to the provisions of the Local
Finance Law, apportioned among such improvements in accordance
with the maximum estimated cost of each. Such improvements are
as follows:
a) The reconstruction of sidewalks throughout and in and for
said City, including incidental improvements and expenses in
connection therewith, at a maximum estimated cost of
$75,000. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or
purposes is ten years, pursuant to subdivision 24 of
paragraph a of Section 11.00 of the Local Finance Law; and
b) The reconstruction of heating, ventilating and electrical
systems in various City buildings, including original
furnishings, equipment, machinery, apparatus, appurtenances,
and incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $35,000. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is ten years,
pursuant to subdivision 13 of paragraph a of Section 11.00
of the Local Finance Law, and
c) The reconstruction and stabilization of the Cascadilla
Boathouse, a City recreational facility, including original
furnishings, equipment, machinery, apparatus, appurtenances,
and incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $100,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is ten years,
pursuant to subdivision 12(a)(3) of paragraph a of Section
11.00 of the Local Finance Law; and
d) The original improvement and embellishment of the City's
Wood Street recreational facility, including the
construction of a playground, basketball court and handball
court thereat, including original furnishings, equipment,
machinery, apparatus, appurtenances, and incidental
improvements and expenses in connection therewith, at a
maximum estimated cost of $24,000. It is hereby determined
that the period of probable usefulness of the aforesaid
specific object or purpose is fifteen years pursuant to
subdivision 19 (c) of paragraph a of Section 11.00 of the
Local Finance Law; and
e) The acquisition of parklands, including incidental expenses
in connection therewith, at a maximum estimated cost of
$575,000. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or
purposes is thirty years, pursuant to subdivision 21(a) of
paragraph a of Section 11.00 of the Local Finance Law; and
f) The acquisition of various parcels of land in the City's
watershed area for watershed protection purposes, including
incidental expenses in connection therewith, at a maximum
estimated cost of $175,000. It is hereby determined that
the period of probable usefulness of the aforesaid class of
objects or purposes is fifteen years, pursuant to
subdivision 21(a) of paragraph a of Section 11.00 of the
Local Finance Law; and
g) The acquisition of an approximately 5.77 acre parcel of land
located at 401 Cliff Street for general City purposes,
including incidental expenses in connection therewith, at a
maximum estimated cost of $37,000. It is hereby determined
that the period of probable usefulness of the aforesaid
specific objects or purposes is thirty years, pursuant to
subdivision 21(a) of paragraph a of Section 11.00 of the
Local Finance Law; and
h) The reconstruction of various tennis courts at Stewart Park
and Cass Park, including original furnishings, equipment,
machinery, apparatus, appurtenances, and incidental
improvements and expenses in connection therewith, at a
maximum estimated cost of $68,000. It is hereby determined
that the period of probable usefulness of the aforesaid
class of objects or purposes is fifteen years, pursuant to
subdivision 19(c) of paragraph a of Section 11.00 of the
Local Finance Law; and
i) The construction of a neighborhood parking area at 705 Cliff
Street adjacent to Cass Park, including incidental
improvements and expenses in connection therewith, t a
maximum estimated cost of $97,000. It is hereby determined
that the period of probable usefulness of the aforesaid
specific objects or purposes is ten years, pursuant to
subdivision 20(f) 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 and classes of objects or purposes
is $1,186,000, 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 or class of objects
or purposes in accordance with the maximum estimated cost of each
set forth in Section 1 hereof.
Section 3. Subject to the provision of the Local Finance Law,
the power to authorize the issuance of and to sell bond
anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief
fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed
by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins
County, New York, are hereby irrevocably pledged for the payment
of the principal of and interest on such obligations as the same
respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such
year. There shall annually be levied on all the taxable real
property in said City a tax sufficient to pay the principal of
and interest on such obligations as the same become due and
payable.
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
it corporate seal shall be imprinted or impressed and may be
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 determining whether to issue such bonds
having substantially level or declining annual debt service,
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 8. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or
purpose for which said City is not authorized to expend
money,
or
2) The provisions of law which should be complied with at
the date of publication of this resolution
are not
substantially complied with, and an action, suit or
proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of
provisions of the Constitution.
Section 9. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-1. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
A roll call vote on the foregoing resolution resulted as follows:
Mackesey - Aye Sams - Aye
Shenk - Aye Efroymson - Aye
Johnson - Aye Blumenthal - Aye
Marcham - Aye Hanna - Aye
Gray - Aye Thorpe - Aye
Ayes (10)
Nays (0)
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Shenk: Seconded by Alderperson Johnson
RESOLVED, That this Council adjourn into Executive Session to
discuss employee reclassifications.
Carried Unanimously
REGULAR SESSION:
Common Council reconvened in Regular Session.
Alderperson Shenk placed the following resolution on the floor
for consideration:
* 17.12 Youth Bureau - Request for Employee Reclassifications -
By Alderperson Shenk: Seconded by Alderperson Efroymson
WHEREAS, during the 1996 Budget process, Common Council placed
funds in restricted contingency for several job reclassifications
and salary increases at the Youth Bureau and GIAC to be discussed
after union contract negotiations were complete, and
WHEREAS, the union contract negotiations are complete and the
Youth Bureau Director is currently requesting that three
positions be reclassified to properly reflect their current
duties; now, therefore, be it
RESOLVED, That the 1996 Authorized Youth Bureau and GIAC
Personnel Rosters be amended, effective July 3, 1996, as follows:
New 1996
Annual
Reclassifications From To Unit Salary
Youth Bureau
Robin Holtham Adm. Asst. Adm. CSEA
in F/M Asst. Admin.
$31,185
GIAC
Shawn May Sr. Acct. Principal CSEA
Clerk/Typist Acct. Admin.
Clerk
$22,367
GIAC
Gale Trimble Recreation Youth CSEA
Leader Worker Admin. $19,421
and be it further
RESOLVED, That an amount not to exceed $2,704 be transferred from
Account A1990 Restricted Contingency to Accounts A7310-5105-1400
$1,155 and A7311-5110-1100 $1,549 to fund said personnel roster
amendments for the remainder of 1996, and be it further
RESOLVED, That the positions, related to the reclassification
request, Administrative Assistant in Financial Management (YB),
Senior Account Clerk/Typist (GIAC), and Recreation Leader (GIAC)
be deleted from the 1996 Authorized Personnel Roster in the Youth
Bureau and GIAC.
Carried Unanimously
UNFINISHED AND MISCELLANEOUS BUSINESS:
Memo to Department Heads regarding Budget Requests
Alderperson Efroymson requested clarification on the Mayor's memo
regarding departmental budget requests.
Extensive discussion followed with Mayor Cohen explaining the two
options that were presented to department heads for
consideration.
ADJOURNMENT:
On a motion the meeting adjourned at 11:25 p.m.
Julie Conley Holcomb Alan J. Cohen
City Clerk Mayor