HomeMy WebLinkAboutMN-CC-1997-08-06
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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
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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.
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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
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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
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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
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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
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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.
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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
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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,
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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
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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
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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
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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