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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