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HomeMy WebLinkAboutMN-CC-1997-08-06 1 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. August 6, 1997 PRESENT: Mayor Cohen Alderpersons (10) - Vaughan, Sams, Shenk, Mackesey, Hanna, Gray, Thorpe, Marcham, Blumenthal, Efroymson OTHERS PRESENT: City Clerk - Conley Holcomb City Attorney - Geldenhuys City Controller - Cafferillo Planning and Development Director - Van Cort Deputy Planning and Development Director - Sieverding Superintendent of Public Works - Gray Police Chief - Basile Personnel Administrator - Saul Youth Bureau Director - Cohen City Prosecutor - Falkson PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Attorney Geldenhuys requested the addition of an Executive Session to discuss litigation and property acquisition. Community Issues Committee Alderperson Sams requested the deletion of Item 18.1 - An Ordinance Amending Section 90-67 Entitled “Residency Requirements” of Chapter 90 Entitled “Personnel” of the City of Ithaca Municipal Code to Community Issues Committee. Planning and Economic Development Committee Alderperson Blumenthal requested the deletion of Item 17.1 Exterior Property Maintenance Ordinance - Report, and Item 17.2 Waterfront Plan - Report. Budget and Administration Committee Alderperson Marcham requested the deletion of Item 19.1 Approval of BID Contract for Services. New Business Alderperson Marcham requested the addition of Item 20.3 Sales Tax Holiday Proposed by New York State. No Council member objected to the additions or deletions to the agenda. YOUTH AWARD: Alderperson Thorpe presented the August Distinguished Youth Award to the Teen Center Project Artists; Clara Hatcher, Elizabeth Preston, Grace Ritter, Jacob Hascup, Jason Wolley, Jenna Leathers, Joe Novelli, Rebecca Costello, and Emily Bennett. This August 6, 1997 2 group of young artists applied for a mini-grant from Tompkins County, designed, and painted a mural in the Youth Bureau Building. MAYOR'S APPOINTMENTS: Board of Zoning Appeals: Mayor Cohen announced that Robert Stundtner has been appointed to the Board of Zoning Appeals with a term to expire December 31, 1999. Board of Fire Commissioners: By Alderperson Mackesey : Seconded By Alderperson Gray RESOLVED, That Cynthia Yahn be appointed to the Board of Fire Commissioners with a term to expire June 30, 2000. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Cayuga Inlet Greenway Project The following people spoke in favor of the Cayuga Inlet Greenway Project: Rick Manning, City of Ithaca Linda Daybell, Tompkins County Chamber of Commerce Economic Development Planner Position Ed Humulock, City of Ithaca, inquired about the Economic Development Planner position criteria, salary, and starting date. Tompkins County Waterfront Plan Doria Higgins, Town of Ithaca, spoke about an inaccurate editorial published in the Ithaca Journal on July 30, 1997 regarding the Tompkins County Waterfront Plan. Noise Neil Oolie, City of Ithaca, spoke about construction noise at Fall Creek School prior to 7:00 A.M. Proposed NYSEG Merger Dennis Mastro, NYSEG, addressed Council regarding the Cal Energy offer to purchase NYSEG and future discounts that NYSEG will be offering customers. Ithaca Police Department Fay Gougakis, City of Ithaca, addressed Council regarding a complaint against the Ithaca Police Department. RESPONSE TO THE PUBLIC: Mayor Cohen reported that the Economic Development Planner will be a civil service position, and that the salary is based on civil service requirements. City Attorney Geldenhuys explained that the noise ordinance states that there should be no disturbing noise between 10 P.M. - 7:30 A.M. Mayor Cohen informed Ms. Gougakis that he will be investigating her complaint. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Efroymson stated that the Bicycle Advisory Council and the Community Police Board are very anxious to have current vacancies filled. August 6, 1997 3 Alderperson Mackesey spoke about the success of the August 5, 1997 National Night Out. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen reported that the Common Ground is sponsoring a carnival on August 17, 1997 on behalf of Aidswork. The Police Benevolent Association is sponsoring the first annual PUD’s Run to benefit the Michael Padula Memorial Fund on August 31, 1997 in Stewart Park. REPORT OF CITY CONTROLLER: City Controller Cafferillo informed Council that the New York State Budget will have an increase in State aid per capita. Ithaca will receive a 4% increase which equates to $57,810. There is also an increase in the Consolidated Highway Improvement Program of $4,000. City Controller Cafferillo further briefed Council on the Sales Tax Holiday. There is a limit of $100 per article and there is no exemption for footwear. REPORT OF CITY ATTORNEY: City Attorney Geldenhuys reported that the proceedings have begun for the acquisition of Six Mile Creek property as substitute parkland. City Attorney Geldenhuys informed Council that the Storrs vs. Holcomb appeal has been filed. The City Attorney has 30 days to respond. CONSENT AGENDA ITEMS: Alderperson Marcham requested that Item 16.2 DPW/Water & Sewer- Request to Amend Authorized Personnel Roster be removed from the Consent Agenda and placed under Budget and Administration. Planning and Economic Development Committee 16.1 Local Designation of the Andrus-Whiton House, 212 South Aurora Street By Alderperson Shenk : Seconded by Alderperson Thorpe WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Commission may designate landmarks and districts of historic and cultural significance, and WHEREAS, the Ithaca Landmarks Preservation Commission has held a special public hearing for the purpose of considering a proposal to designate the Andrus-Whiton House as a local landmark, and WHEREAS, the proposal is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks Preservation Ordinance and has voted to designate the Andrus-Whiton House, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall, within ninety days of said designation, approve, disapprove or refer back to the Commission for modification, and August 6, 1997 4 WHEREAS, as set forth in Section 228-4C of the Municipal Code, the Planning Board shall file a report with the Council with respect to the relation of such designation to the master plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved, and WHEREAS, the following report has been prepared to address the above considerations; now, therefore, be it RESOLVED, that the Ithaca Common Council finds that the designation will not conflict with the master plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, that the Andrus-Whiton House meets the definition of a local landmarks as set forth in the Municipal Code, and be it further RESOLVED, that the Ithaca Common Council approves the designation of the Andrus-Whiton House, 212 South Aurora Street, as a Local Landmark. Carried Unanimously 16.3 Youth Bureau - Request to Amend 1997 Youth Bureau Budget By Alderperson Shenk : Seconded by Alderperson Thorpe WHEREAS, the Youth Bureau has been notified by Cornell University that it will receive $3,500 in additional funding in support of the Cornell "On Top" component of the Youth Employment Service Summer Jobs Program, and WHEREAS, the additional funding relates to the increase in the minimum wage and adjustments in salary levels for the fourteen teens who will be participating in the program; now, therefore, be it RESOLVED, That the 1997 Authorized Youth Bureau Budget be amended as follows: Increase Revenue Account: A7310-2070-1202 Contributions to Youth $3,500 Increase Appropriations Accounts: A7310-5120-1202 PT/Seasonal $3,180 A7310-9030 Social Security 243 A7310-9040 Workers' Compensation 77 Carried Unanimously 16.4 Youth Bureau - Request to Transfer Contingency Funds to Provide Youth Development Program Funding through 1997 By Alderperson Shenk : Seconded by Alderperson Thorpe WHEREAS, the County Youth Board has now completed its review of the Transition Task Force report and is recommending to the County Budget and Personnel Committee that the County fund an additional $47,251 for Ithaca Youth Bureau Youth Development Program for the balance of 1997, and WHEREAS, with this additional County funding, the City will be left with a $21,475 budget shortfall for the Youth Development Program Budget, and August 6, 1997 5 WHEREAS, Youth Bureau staff are recommending the City transfer the needed funds to provide full programming through the end of the year; now, therefore, be it RESOLVED, That an amount not to exceed $21,475 be transferred from Unrestricted Contingency to Restricted Contingency to be used on an as- and if-needed basis for the purposes of providing full Youth Development Program funding to the Youth Bureau through December 31, 1997, and be it further RESOLVED, That the City Controller be authorized to make appropriate fund transfers, up to and not exceeding $21,475 when needed, for said purposes. Carried Unanimously 16.5 Planning Department - Authorization to Hire Urban Design Consultant for Inlet Island By Alderperson Shenk : Seconded by Alderperson Thorpe WHEREAS, carefully thought out and designed private and public development projects in and around Inlet Island are essential to the successful economic and physical revitalization of the area in a manner that provides the public with waterfront access and protects the value of publicly owned land in the area, and WHEREAS, development that is carefully designed and considers both private sector and public sector needs and uses which can most successfully be accomplished with clearly written and presented design guidelines, and WHEREAS, Common Council, on February 5, 1997, endorsed the concept that these design guidelines should be developed by a professional design firm experienced in the preparation of urban, waterfront design guidelines and authorized staff to prepare and release a Request for Proposals to qualified design firms for this assignment, and WHEREAS, a committee consisting of representatives from the Planning and Development Board, Planning and Development Committee, Department of Public Works and Planning and Development Department has reviewed the six responses to the RFP and have recommended the LA Group of Saratoga Springs, NY for this assignment based on the following factors: 1. experience of the firm with waterfront development projects in upstate New York. 2. a list of representative projects similar in scope to the proposed Inlet Island study within communities similar in scale to Ithaca. 3. composition of the project team which will consist of landscape architects, city planners and natural resource planners; now, therefore, be it RESOLVED, That the Mayor is hereby authorized and directed to enter into a contract with the LA Group to prepare Urban Design Guidelines for Inlet Island for an amount not to exceed $15,000, including all reimbursable expenses, and be it further RESOLVED, That the $15,000 in funding will be derived from within Capital Project #291 Acquisition of Substitute Parklands for the purposes of hiring said Urban Design Consultant. Carried Unanimously August 6, 1997 6 16.6 City Attorney - Request Authorization to File D/B/A as T-CAT By Alderperson Shenk : Seconded by Alderperson Thorpe WHEREAS, the City, the County, and Cornell have for many years been proceeding toward certain consolidation efforts for the provision of transportation in the Tompkins County area, and WHEREAS, the state legislature has authorized the City, the County, and Cornell to join together to provide consolidated transportation services, and WHEREAS, the parties are already operating out of the same transit facility jointly built to provide such services, and WHEREAS, the details for the creation of an appropriate legal entity which would not jeopardize federal and state funding streams and would take into consideration collective bargaining issues have not yet been worked out, and WHEREAS, the parties wish to continue toward consolidation efforts through the use of the name T-CAT on the parties' buses, stationery, etc., used for joint transportation services; now, therefore, be it RESOLVED, That the Mayor is authorized to sign the attached certificate indicating that the City of Ithaca is going to be doing business as (D/B/A) T-CAT as part of the progress toward consolidation. Carried Unanimously 16.7 Finance/City Chamberlain - Request Approval to Deny Tax Penalty Waiver By Alderperson Shenk : Seconded by Alderperson Thorpe WHEREAS, the property owner at 803 East Seneca Street has requested a waiver of tax penalty for 1997 City Second Installment tax bills, and WHEREAS, the City Chamberlain and Budget and Administration Committee have reviewed the supporting documentation for the taxpayer's request and are recommending to deny the waiver of tax penalty; now, therefore, be it RESOLVED, That Common Council hereby denies the request for waiver of tax penalty, based upon New York State Real Property Tax Law, for the property owner at 803 East Seneca Street. Carried Unanimously 16.8 Finance/City Chamberlain - Request Approval to Deny Tax Penalty Waiver By Alderperson Shenk : Seconded by Alderperson Thorpe WHEREAS, the property owner at 109 Parker Street has requested a waiver of tax penalty for 1997 City Second Installment tax bills, and WHEREAS, the City Chamberlain and Budget and Administration Committee have reviewed the supporting documentation for the taxpayer's request and are recommending to deny the waiver of tax penalty; now, therefore, be it RESOLVED, That Common Council hereby denies the request for waiver of tax penalty, based upon New York State Real Property Tax Law, for the property owner at 109 Parker Street. August 6, 1997 7 Carried Unanimously COMMUNITY ISSUES COMMITTEE: 18.2 Resolution Approving Amendment of Section 14.9 of the City of Ithaca’s Franchise Agreement with Time Warner Cable Regarding the Cable Access Advisory Board By Alderperson Sams: Seconded by Alderperson Gray WHEREAS, the Ithaca City Cable Commission must deal substantively with a considerable variety of issues; and WHEREAS, issues involving Access have regularly consumed a disproportionate amount of Commission time and attention; and WHEREAS, section 14.9 of the City of Ithaca’s franchise agreement with Time Warner Cable provides for the establishment of an access advisory board; and WHEREAS, the Public Access Board was formed at one time pursuant to this section; and WHEREAS, this former structure, for various reasons, did not prove fully viable as evidenced by the collapse of the Public Access Board; and WHEREAS, the Commission resolved in January 1997 that “a body with significant authority” should be created to deal with Access issues; now, therefore, be it RESOLVED, That the Common Council approves the amendment of section 14.9 of the City of Ithaca’s franchise agreement with Time Warner Cable regarding the Cable Access Advisory Board (CAAB) in the following manner and directs the Cable Commission to transmit the proposed amendment to Time Warner Cable for its consideration: 1. The CAAB shall have seven voting members and shall meet at least monthly; four voting members shall constitute a quorum. 2. At least four members shall be residents of the City. Up to three members may be residents of other municipalities served by the system. At least one, but not more than two, members shall also be a member of the City Cable Commission; at least one, but not more than two, members shall also be a member of the Tompkins County Intermunicipal Cable Commission. Time Warner Cable shall be entitled to appoint a non-voting, ex-officio member. 3. The voting members shall be named by the Cable Commission subject to the approval of Common Council. In order to select the non-City resident members, the Cable Commission shall solicit nominations from the other municipalities served by the system. 4. Members shall be appointed to two-year terms and shall take an oath of office before the City Clerk of the City of Ithaca. 5. A chair and vice-chair shall be elected at the first meeting in each calendar year from among the voting members. August 6, 1997 8 6. The CAAB shall serve in an advisory capacity to Time Warner Cable on all matters pertaining to Access operation including, but not limited to: policies and procedures; studio hours; expenditure of the capital budget; and purchase and distribution of equipment. 7. Time Warner Cable shall consult with the CAAB on the above- referenced issues and shall provide quarterly reports to the CAAB on the purchase and maintenance of equipment, the schedules of access staff, and the use of studio time. 8. The CAAB shall coordinate with government and educational access communities in making its recommendations. 9. Time Warner Cable shall consult with the Cable Commission on the allocation of additional channel capacity. Carried Unanimously BUDGET AND ADMINISTRATION COMMITTEE: 16.2 DPW/Water & Sewer - Request to Amend Authorized Personnel Roster By Alderperson Marcham : Seconded by Alderperson Blumenthal WHEREAS, the DPW Water and Sewer Division has had a temporary Account Clerk/Typist position since 1995 to assist with day-to- day operations in the department, and WHEREAS, the division is now moving into a planning, design and capital improvement of the water plant, and day-to-day operations continue at a brisk pace to keep up with the infrastructure replacement program, which results in the need of a permanent half-time position; now, therefore, be it RESOLVED, That the 1997 Authorized Personnel Roster be amended as follows: Add: One (1) Permanent 20 hour/week Principal Account Clerk/Typist Delete: One (1) Temporary 16 hour/week Account Clerk Typist and be it further RESOLVED, That Sally Alario be permanently appointed to the half- time Principal Account Clerk position at a 1997 hourly rate of $11.00 effective August 11, 1997, and be it further RESOLVED, Funds for said amendment will be derived from within the 1997 Water and Sewer Budget. Carried Unanimously 19.3 Resolution Authorizing the Issuance of $773,183 Serial Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Various Objects or Purposes In and For Said City and Amending Bond Resolutions Dates January 5, 1994, April 5, 1995, and January 3, 1996 With Respect to the Period of Probably Usefulness of Two Objects or Purposes Authorized Therein. By Alderperson Marcham : Seconded by Alderperson Hanna WHEREAS, by bond resolution dated January 5, 1994, the Common Council of the City of Ithaca, Tompkins County, New York, authorized, among other objects or purposes, the reconstruction of the Youth Bureau building and determined that the periods of August 6, 1997 9 probably usefulness thereof is ten years, pursuant to subdivision 13 of paragraph (a) of Section 11.00 of the Local Finance Law; and WHEREAS, by bond resolutions dated April 5, 1995 and January 3, 1996, the Common Council of the City of Ithaca, Tompkins County, New York, authorized, among other objects or purposes, additional funding for the aforedescribed reconstruction of the Youth Bureau building and also determined that the period of probable usefulness thereof is ten years, pursuant to subdivision 13 of paragraph (a) of Section 11.00 of the Local Finance Law; and WHEREAS, by bond resolution dated January 3, 1996, the Common Council of the City of Ithaca, Tompkins County, New York, authorized, among other objects or purposes, the purchase of an aerial scope fire-fighting vehicle for the Fire Department and determined that the period of probably usefulness thereof is ten years, pursuant to subdivision 27 of paragraph (a) of Section 11.00 of the Local Finance Law; and WHEREAS, it has not been determined to be in the public interest to amend said bond resolutions to provide that the period of probably usefulness of the aforesaid reconstruction of the Youth Bureau building is twenty years and that the period of probably usefulness of the aforesaid fire-fighting vehicle is twenty years; and WHEREAS, it is also desired to authorize the financing of various capital projects as hereinafter described, and WHEREAS, all conditions precedent to the financing of each 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. Paragraph (f) of Section 1 of bond resolution dated January 5, 1994, is hereby amended to read as follows: f) The reconstruction of the Youth Bureau building, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $100,000. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a) (1) of paragraph (a) of Section 11.00 of the Local Finance Law. Section 2. The second preamble and Sections 1 and 3 of bond resolution dated April 5, 1995, are hereby amended to read as follows: “WHEREAS, by bond resolution dated January 5, 1994, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $100,000 serial bonds of said City to pay the cost of the reconstruction of the Youth Bureau building, August 6, 1997 10 including incidental improvements and expenses in connection therewith; and” “Section 1. For the specific object or purpose of paying additional costs of the reconstruction of the Youth Bureau building, including incidental improvements and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $438,000 serial bonds of said City pursuant to the provisions of the Local Finance Law.” “Section 3. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 121 (a) (1) of paragraph (a) of Section 11.00 of the Local Finance Law, calculated from February 1, 1994, the date of issuance of the first obligations of the City issued therefore” Section 3. Paragraph (s) of Section 1 of bond resolution dated January 3, 1996, is hereby amended to read as follows: “s) To pay the cost of the Phase II reconstruction of the Youth Bureau building, at a maximum estimated cost of $133,807. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12 (a) (1) of paragraph (a) of Section 11.00 of the Local Finance Law.” Section 4. Paragraph (w) of Section 1 of bond resolution dates January 3, 1996 is hereby amended to read as follows: “w) The purchase of an aerial scope fire-fighting vehicle for the Fire Department, at a maximum estimated cost of $860,000. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 27 of paragraph (a) of Section 11.00 of the Local Finance Law.” Section 5. For the specific objects or purposes or classes of objects or purposes of paying the cost of the following capital projects in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $773,183 serial bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital projects in accordance with the maximum estimated cost of each. Such capital projects are as follows: a) The reconstruction of an off-street parking lot in the West End of the City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $40,000. It is hereby determined that the peruse of probably usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local Finance Law; b) The reconstruction and stabilization of the Cascadilla Boathouse (Phase II), 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 $156,000. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is ten years, pursuant August 6, 1997 11 to subdivision 12(a) (3) of paragraph a of Section 11.00 of the Local Finance Law; c) The purchase of computer networking hardware and software (Phase III), including incidental expenses in connection therewith, at a maximum estimated cost of $29,000. It is hereby determined that the period of probably usefulness of the aforesaid classes of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; d) The construction of bridge abutment sculptures at West End bridges of said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $39,000. It is hereby determined that the period of probably usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law; e) The reconstruction of the Southside Center, including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $308,000. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12 (a) (1) of paragraph a of Section 11.00 of the Local Finance Law; f) The reconstruction of sidewalks, including incidental improvements and expenses in connection therewith (Phase II), at a maximum estimated cost of $36,000. It is hereby determined that the period of probably usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; g) The construction and reconstruction of the Fire Training Center (Phase II), including original furnishings, equipment, machinery, apparatus, appurtenances and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $45,183. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 12(a) (1) of paragraph a of Section 11.00 of the Local Finance Law; and h) The reconstruction of portions of the Stewart Avenue/Cascadilla Creek Bridge, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $120,000. It is hereby determined that the period of probably usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. Section 6. The aggregate maximum estimated cost of the specific objects or purposes or classes of objects or purposes specified in paragraphs (a) through (h) of Section 5 hereof is $773,183, and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 5 hereof allocated to each specific object or purpose of class of objects or purposes in accordance with the maximum estimated cost of each. Section 7. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond August 6, 1997 12 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 8. 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 o pay the principal of and interest on such obligations as the same become due and payable. Section 9. The bonds authorized pursuant to this bond resolution shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed and may be attested by the manual or facsimile signature of the City Clerk. Section 10. 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 applications of the purchase money. Section 11. 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 be 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. August 6, 1997 13 Section 12. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 13. 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 14. 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 resulted as follows: Alderperson Shenk Aye Alderperson Mackesey Aye Alderperson Sams Aye Alderperson Efroymson Aye Alderperson Vaughan Aye Alderperson Blumenthal Aye Alderperson Hanna Aye Alderperson Marcham Aye Alderperson Gray Aye Alderperson Thorpe Aye Carried Unanimously 19.4 Resolution- Authorizing the Police Department to enter into an agreement with the Ithaca Housing Authority to provide additional On-site Police Services at overtime rates for drug and crime prevention By Alderperson Marcham: Seconded by Alderperson Gray WHEREAS, the Ithaca Housing Authority has received Federal funds which will allow the Authority to pay the City’s Police Department for additional specialized on-site neighborhood police services at Ithaca Housing Authority facilities in furtherance of a drug and crime free environment in the Authority’s facilities; and WHEREAS, the federal funds were intended to allow the Authority to provide its residents with a greater sense of security through a regular, on-site neighborhood police presence; as well as to encourage its residents to have greater trust in the Ithaca Police Department’s ability to respond to their calls in a timely respectful manner; and further intended to provide its residents with assistance in initiating and maintaining Neighborhood Watches, crime prevention education, and/or similar appropriate methods of increasing neighborhood involvement as a method of enhancing personal security by assessing safety and security issues among the residents, and assisting residents in making plans of action to address the issues on a long-term basis, all of which are intended to build the residents’ capacity to monitor August 6, 1997 14 and diminish the level of drug and other threatening activities; and WHEREAS, the City of Ithaca is willing and able to provide these additional on-site services, said services intended to provide programs and coverage beyond the services already provided to the Housing Authority by the City police, and WHEREAS, the City does not, as the result of this contract, intend to reduce current levels of service provided to the Authority; and WHEREAS, the Ithaca Police Department has not budgeted any funds to pay for additional on-site services at Housing Authority facilities nor does the Ithaca Police Department have any current plans to employ additional police personnel at such sites; now, therefore, be it RESOLVED, That the Mayor is authorized to enter into a one year contract with the Ithaca Housing Authority, terminable upon 30 days notice, for the provision of said services for an amount to be paid by the Authority not to exceed $26,500, based on the actual cost of such overtime services, including fringe benefits, subject to the approval of the terms of the contract by the Police Chief, the City Attorney and the City Controller. Carried Unanimously NEW BUSINESS: 20.1 Contract for Geographical Information System (GIS) Services By Alderperson Blumenthal : Seconded by Alderperson Vaughan WHEREAS, the City of Ithaca is in the process of developing a Geographical Information System (GIS), and WHEREAS, the Fire Department, Building Department, the City Clerk’s office, and the Department of Planning and Development are in need of services which cannot now be provided by existing City staff, and WHEREAS, the GIS will allow increased productivity and greater efficiency in the provision of City services from all the departments using the GIS, and WHEREAS, there are funds available in existing budgets of the Department of Planning and Development, the Building Department, and the Clerk’s Office, and WHEREAS, there are several tasks, including the preparation of a new digitized zoning map and an official map, which need immediate attention; now, therefore, be it RESOLVED, that the Mayor is hereby authorized and directed to enter into a contract for Geographical Informational System Services in an amount not to exceed $21,000, and be it further RESOLVED, That the funding for this contract be derived as follows: $9,000 from the Department of Planning and Development; $6,000 from the Building Department and $6,000 from the City Clerk’s office. Discussion followed on the floor regarding the timeline for the various projects. August 6, 1997 15 Ayes (9) Mackesey, Sams, Shenk, Vaughan, Blumenthal, Hanna, Marcham, Thorpe, Gray Nays (1) Efroymson Carried 20.2 Support of an Application by the Tompkins County Chamber of Commerce for Funding by EPA of a Waterfront Greenway By Alderperson Marcham : Seconded by Alderperson Gray WHEREAS, a proposal has been made to construct a multi-use greenway trail connecting the Tompkins County Visitor Center to Stewart Park, the Newman Golf Course, the Tompkins County Transit Center, the Ithaca Farmer’s Market, the proposed Cayuga Inlet Harbor, Inlet Island, Cass Park, Allan H. Treman State Marine Park and the proposed Black Diamond Trail, and WHEREAS, such a greenway would be an invaluable recreational and transportation resource to the residents of the City of Ithaca and Tompkins County as well as visitors to the area, and WHEREAS, the greenway would make it possible for more people to enjoy the area’s great water resources, much of which is now relatively inaccessible, and WHEREAS, the United States Environmental Protection Agency (EPA) has issued a notice of funding availability for grant money to be used in the design and construction of such projects as the proposed greenway, and WHEREAS, the Tompkins County Chamber of Commerce has expressed a willingness to sponsor an application to the EPA for funding for design of the above described greenway, and WHEREAS, the City of Ithaca, who owns most of the right-of-way on which such a greenway would be constructed, would be lead agency in the environmental review for such a project and would be in control of its design and possible construction, and WHEREAS, a partnership between the City and the Chamber of Commerce and its members offers the possibility of accomplishing more than either the public or private sector could do alone; now, therefore, be it RESOLVED, That the City of Ithaca expresses its support for the Chamber of Commerce’s application to EPA for design of greenway along the edge of the waterway in the City of Ithaca, and be further RESOLVED, That the City does hereby commit to a 20% in-kind contribution to the proposed design (in the form of base maps, an environmental review of the proposal, etc.) the value of which contribution is not to exceed $6,000, now therefore be it Amending Resolution By Alderperson Mackesey : Seconded by Alderperson Hanna RESOLVED, That an additional Resolved Clause be added to read as follows: “RESOLVED, That a Client Committee be formed to choose and oversee the consultant’s work and that Common Council will approve the City’s representation of said Committee.” Carried Unanimously August 6, 1997 16 Main Motion As Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously 20.3 Sales Tax Holiday - One Week Sales and Use Tax Clothing Exemption By Alderperson Marcham : Seconded by Alderperson Mackesey Section One. Receipts from sales of and consideration given or contracted to be given for purchases of clothing exempt from State sales and compensating use taxes pursuant to paragraph 30 of subdivision (a) of Section 1115 of the tax law shall also be exempt from sales and compensating use taxes imposed in this jurisdiction. Section Two. This resolution shall take effect immediately and shall apply to sales made and uses occurring during the period commencing September 1, 1997, and ending September 7, 1997, although made or occurring under a prior contract. Ayes (9) Mackesey, Shenk, Efroymson, Sams Vaughan, Blumenthal, Hanna, Thorpe, Gray Nays (1) Marcham Carried EXECUTIVE SESSION: By Alderperson Efroymson : Seconded by Alderperson Mackesey RESOLVED, That Common Council adjourn into executive session to discuss personnel, land acquisition, and litigation items. Carried Unanimously RECONVENE: Common Council reconvened into regular session at 11:10 P.M. and considered the following Resolutions: 19.2 City Prosecutor - Request to Restructure Office - Resolution By Alderperson Marcham : Seconded by Alderperson Gray WHEREAS, the number of cases filed in Ithaca City Court has increased steadily and significantly since 1994; and WHEREAS, the City Prosecutor has requested Common Council to approve the hiring of an attorney to act as Assistant City Prosecutor on a part-time basis, now, therefore be it. RESOLVED, That Common Council authorizes the City to engage the services of an attorney for no more than 17.5 hours per week, at a starting salary of no more than $27,541.00 to serve as Assistant City Prosecutor. Carried Unanimously 19.5 Request For Increase In Salary For Deputy Police Chief By Alderperson Marcham : Seconded By Alderperson Thorpe WHEREAS, in recognition of an increase in responsibilities and duties; now, therefore be it RESOLVED, That retroactive to July 21, 1997, Deputy Police Chief Barnes salary be increased by $4,000.00. Ayes: (9) Mackesey, Shenk, Efroymson, Sams, Vaughan, Blumenthal. August 6, 1997 17 Thorpe, Gray, Marcham Nays: (1) Hanna Carried REPORT OF COUNCIL LIAISONS Alderperson Marcham requested an additional Budget and Administration Committee Meeting to consider the requests for Community Service Grants. The meeting will be August 27, 1997 from 4:00-7:00 P.M. ADJOURNMENT: On a motion the meeting adjourned at 11:25 P.M. _________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor