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HomeMy WebLinkAboutMN-CC-1998-01-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. January 7, 1998 PRESENT: Mayor Cohen Alderpersons (8) Shenk, Manos, Sams, Farrell, Vaughan, Spielholz, Gray, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys Deputy City Controller – Thayer Building Commissioner – Eckstrom Superintendent of Public works – Gray Fire Chief – Wilbur City Chamberlain – Parsons City Controller – Cafferillo EXCUSED: Alderpersons Marcham and Blumenthal PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. APPROVAL OF MINUTES: Approval of Minutes of the November 19, 1997 Meeting By Alderperson Gray : Seconded by Alderperson Vaughan RESOLVED, That the minutes of the November 19, 1997 Special Common Council Meeting be approved as published. Carried Unanimously Approval of Minutes of the December 3, 1997 Meeting By Alderperson Gray: Seconded by Alderperson Vaughan RESOLVED, That the minutes of the December 3, 1997 Common Council be approved as published. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Attorney Geldenhuys requested the addition of an Executive Session to discuss a personnel issue. No Council member objected. MAYOR’S APPOINTMENTS: Board of Public Works Resolution By Mayor Cohen : Seconded by Alderperson Gray RESOLVED, That Common Council approves the appointment of Steven Ehrhardt, and Joseph Leonardo to the Board of Public Works, with terms to expire December 31, 2000. Carried Unanimously Advisory Commission on Art and Design for Public Space Resolution By Mayor Cohen : Seconded by Alderperson Shenk RESOLVED, That Common Council approves the appointment of Sally Grubb and William Benson to the Advisory Commission on Art and Design for Public Space, with terms to expire June 30, 2000. Carried Unanimously January 7, 1998 : 2 Board of Appeals on Building Code Resolution By Mayor Cohen : Seconded by Alderperson Shenk RESOLVED, That Common Council approves the appointment of Grace Chiang to the Board of Appeals on Building Code, with a term to expire December 31, 2000. Carried Unanimously Board of Zoning Appeals Resolution By Mayor Cohen : Seconded by Alderperson Shenk RESOLVED, That Common Council approves the appointment of Joy Blumkin to the Board of Zoning Appeals, with a term to expire December 31, 2000. Carried Unanimously Cable Commission Resolution By Mayor Cohen : Seconded by Alderperson Gray RESOLVED, That Common Council approves the appointments to the Cable Commission of Richard Cogger with a a term to expire December 31, 2002, and David Burbank with a term to expire December 31, 2001. Carried Unanimously Commons Advisory Board Resolution By Mayor Cohen : Seconded by Alderperson Sams RESOLVED, That Common Council approves the appointments of Andrew Gillis, Jerry Martins, Cecelia Vargas, and Madeline Schuler to the Commons Advisory Board, with terms to expire December 31, 1999. Carried Unanimously Community Police Board Resolution By Mayor Cohen : Seconded by Alderperson Sams RESOLVED, That Common Council approves the appointment of Herbert Nelson and Ralph Jones to the Community Police Board, with a terms to expire December 31, 2000. Carried Unanimously Conservation Advisory Council Resolution By Mayor Cohen : Seconded by Alderperson Gray RESOLVED, That Common Council approves the appointments of Martin Violette, Guy Gerard, and Daniel Hoffman to the Conservation Advisory Council, with terms to expire December 31, 1999. Carried Unanimously Disability Advisory Council Resolution By Mayor Cohen : Seconded by Alderperson Sams RESOLVED, That Common Council approves the appointments to the Disability Advisory Council of Larry Roberts and Margaret Mohn with a terms to expire June 30, 2000, and Sherry Thurston with a term to expire June 30, 1999. Carried Unanimously January 7, 1998 : 3 Housing Board of Review Resolution By Mayor Cohen : Seconded by Alderperson Shenk RESOLVED, That Common Council approves the appointment of William Olney to the Housing Board of Review, with a term to expire December 31, 2000. Carried Unanimously Ithaca Landmarks Preservation Committee Resolution RESOLVED, That Common Council approves the appointments of Lauren Stiles and Linda Swieszkowski to the Ithaca Landmarks Preservation Committee, with terms to expire December 31, 2000. Carried Unanimously Ithaca Urban Renewal Agency Resolution By Mayor Cohen : Seconded by Alderperson Manos RESOLVED, That Common Council approves the appointments of Martha Preston and Eric Rosario to the Ithaca Urban Renewal Agency. Carried Unanimously Parks Commission Resolution By Mayor Cohen : Seconded by Alderperson Farrell RESOLVED, That Common Council approves the appointments of John Ulberg, Scott Whitham, and Misty Wilcox, with terms to expire December 31, 2000. Carried Unanimously Planning and Development Board Resolution By Mayor Cohen : Seconded by Alderperson Gray RESOLVED,That Common Council approves the appointments of Scott Whitham and David Kay to the Planning and Development Board, with terms to expire December 31, 2000. Carried Unanimously Six Mile Creek Committee Resolution By Mayor Cohen : Seconded by Alderperson Gray RESOLVED, That Common Council approves the appointments of Daniel Hoffman, Richard Fischer, Beth Mulholland, and Harry Little to the Six Mile Creek Committee, with terms to expire December 31, 2000. Carried Unanimously Youth Bureau Board Resolution By Mayor Cohen : Seconded by Alderperson Farrell RESOLVED, That Common Council approves the appointments of Deb Traunstein and Joan Spielholz to the Youth Bureau Board, with terms to expire December 31, 2000. Carried Unanimously COMMUNICATIONS: City Clerk Holcomb read a memo and petition signed by 98 City employees in opposition to the inclement weather policy established by Mayor Cohen on January 2, 1998. January 7, 1998 : 4 Mayor Cohen stated that this item has been placed on the agenda for the January 28, 1998 Budget and Administration Committee meeting.. PETITIONS AND HEARING OF PERSON BEFORE COUNCIL: Douglas Reid, Village of Cayuga Heights, addressed Council in opposition to reducing the City speed limit to 25 mph. Cynthia Yahn, City of Ithaca, welcomed the new Common Council members. RESPONSE TO THE PUBLIC: Alderperson Farrell responded to comments made regarding lower speed limits. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Mayor Cohen reported that Board of Public Works has been discussing the possiblity of lowering the speed limit within the City to 25-mph. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Farrell reported that the Commons Design Committee has scheduled a public hearing to be held January 22, 1997 at 7:30 P.M. in Common Council Chambers. COMMUNICATIONS FROM THE MAYOR: Mayor Cohen distributed a memo from Richard Kinne, Systems Administrator, regarding internet access for Council members. Mayor Cohen announced committee assignments and liaison positions for Council members. They are as follows: Program Analysis: Common Council will be forming a new committee called Program Analysis. This committee will be reviewing each department, the programs offered by that department, and revenue enhancement options. All Council members will serve on this committee with Alderperson Vaughan serving as the Chairperson. The Program Analysis Committee will meet the second Monday of the month at 7:30 pm, and the fourth Monday of the month at 3:30 pm, in Common Council Chambers. Community Issues: Alderperson Sams will Chair the Community Issues Committee, with Alderperson Spielholz serving as Vice Chair. The other Council members on this committee are Alderpersons Shenk, Taylor, Gray and Mayor Cohen. Community Issues will meet the second Wednesday of the month at 7:30 P.M in Common Council Chambers. Planning and Economic Development Committee: Alderperson Blumenthal will Chair the Planning and Economic Development Committee with Alderperson Farrell serving as Vice Chair. The other Council members on this committee are Alderpersons Manos, Spielholz, Taylor, Gray and Mayor Cohen. January 7, 1998 : 5 The Planning and Economic Development Committee will meet the third Wednesday of the month at 7:30 P.M. in Common Council Chambers. Budget and Administration Committee: Alderperson Marcham will Chair the Budget and Administration Committee with Alderperson Shenk serving as Vice Chair. The other Council members on the Committee include Alderpersons Manos, Farrell, Vaughan and Mayor Cohen. The Budget and Administration Committee will meet the fourth Wednesday of the month at 7:30 P.M. in Common Council Chambers. LIAISON ASSIGNMENTS: Mayor Cohen announced the following liaison appointments: Rental Housing Advisory Commission – Alderperson Farrell Cable Commission – Alderperson Gray Energy Commission – Alderperson Taylor Conservation Advisory Council – Alderperson Taylor Bicycle Advisory Council – Alderperson Gray Parks Commission – Alderperson Blumenthal Six Mile Creek – Alderperson Vaughan Commons Advisory Board – Alderperson Vaughan Planning and Development Board – Alderperson Manos Advisory Commission on Art and Design for Public Space – Alderperson Spielholz Youth Bureau Board – Alderperson Spielholz Community Police Board – Alderperson Sams Disability Advisory Council – Alderperson Taylor Board of Fire Commissioners – Alderperson Taylor Ithaca Landmarks Preservation Committee – Alderperson Marcham Fire Appeals Board – Alderperson Manos Shade Tree Advisory Committee – Alderperson Farrell Board of Public Works – Alderperson Marcham Affirmative Action Advisory Council – Alderperson Sams Economic Opportunity Corporation – Alderperson Shenk Joint Transit – Alderpersons Marcham and Gray Wastewater Treatment Plant – Alderperson Marcham Post Office – Alderperson Farrell Solid Waste Center – Alderperson Manos Human Services Coalition – Alderperson Sams GIAC – Alderpersons Sams and Spielholz Southside Community Center – Alderperson Shenk Rent Partnership – Alderperson Spielholz Cornell Working Group – Alderpersons Vaughan and Shenk Business Improvement District – Alderperson Blumenthal County Board – Alderperson Vaughan City of Ithaca Computer Committee – Alderpersons Gray and Vaughan Tompkins County Electronic Futures Committee – Alderperson Gray Chamber of Commerce City Affairs Committee – Alderperson Blumenthal City of Ithaca Drug House Task Force – Alderpersons Sams and Farrell Severance Benefits Committee – Alderpersons Shenk and Manos Water Systems Working Group – Alderpersons Vaughan, Marcham and Farrell January 7, 1998 : 6 STATE OF THE CITY ADDRESS: Mayor Cohen read the following State of the City Address dated January 7, 1998: “In preparing for this address to Council, I took the time to review old meeting minutes and newspaper clippings dating back as far as the turn of the century. I could not find a time when this city faced so many problems at the same time. Never have the choices that we will make be more important for the future of our community than now. That might sound melodramatic to some, but the problems we face are numerous, and many of them dramtically impact the health and vibrancy of our community. We face a growing drug problem, the nature of which is different than any we have seen before. The addictiveness of drugs like crack cocaine and the newer synthetic drugs that are hitting the streets have brought with them significantly higher levels of violence and crime. Drug use and abuse has always been a part of our culture, and has often been swept under the rug. But how can we as a community ignore the death of a teenager to a heroin overdose, or the daily ravages of crack cocaine on the lives of our neighbors and our neighborhoods. The answer is simply, we can not. The Community Drug Task Force has been hard at work and will be presenting a number of recommendations to various constituencies in the community, including this Council, regarding education, treatment, and enforcement. Combined with a number of city initiatives already under way, we can and will turn this situation around. It is a problem that will never disappear, but with a vigilant effort on our part, we can significantly reduce its impacts. Our local economy is mixed. While there are signs of growth in some parts of the city, the housing market has weakened and our downtown has not fared very well. We need to focus our development efforts downtown, and reinvigorate it. This effort should include strengthening our downtown neighborhoods. Downtown will only be as strong as the neighborhoods that surround it. Ongoing issues of zoning, traffic and parking will require our attention. The central business district, with the Commons at its center, is the heart of our city. In the central business district, the State Theatre is a tremendous asset that we can not afford to lose, and must work to enhance. Upper story development is another area that we must work on. The space is already there, we just have to find a way to fill it. That statement also holds true for the storefronts on the Commons. Many in our community love the Commons as a gathering place for social and political purposes, and it has served us well in that capacity. What we can not forget is that the Commons is also a center of commerce. A comment I recently heard underscores this point. If you consider the Commons a park, then the stores are the trees. If the trees die, what kind of park are you going to have. January 7, 1998 : 7 Obviously there are problems downtown, and we need to take a fresh look at things. The newly established Ithaca Downtown Partnership is working hard to improve the image of downtown. The city, through the Commons Design Review Committee, is looking at the physical plant. The merchants need to reassess how and more importantly when they do business. The Commons still has great potential. With city government and community support, it will thrive again. Other efforts to stimulate our local economy are in motion. The city is actively working on its economic development plan, and is doing so cooperatively with the county in its own economic development planning efforts. We will soon be hiring a director of economic development. We will be moving forward with plans to develop the waterfront. And we will be taking a critical look at the regulatory structure that has served in part to give Ithaca its now ill-deserved reputation as an anti-business community. There is more to be done, and we will move aggressively to take advantage of development opportunities. Notwithstanding our enthusiasm to stimulate our local economy and expand our tax base, we will always be concerned about the balance between development, neighborhood intergrity and environmental protection. The bottom line though is this, Ithaca is open for business, and a great place to do business. The issue of tax base expansion leads us to another pressing issue before us this year, our city budget. Declining property tax and flat sales tax revenues, combined with increasing operational costs, has created a large spending gap in our budget. Our present options for balancing the budget are limited, and so we must create new ones. We must analyze our programs with an eye to both effectiveness and efficiency. This will require a thorough understanding of each department and its programs. Common Council's new Program Analysis Committee will be taking a hard look at our day to day operations, and will be prioritizing the services that we provide to the community. This committee will also be looking for ways to generate new sustainable revenue streams to fund our programs. One way to improve program efficiency is through cooperation and consolidation, and the city is actively discussing with our municipal partners opportunities to work together. Tonight Council is voting on one such initiative, TCAT, a joint transit venture between the city, the county and Cornell. We are also in discussions about water systems, sewer systems and will be soon having discussions in the areas of planning, law enforcement and youth services. The need for cooperation has never been greater, and the environment for it has never been more conducive. We must put aside the issues of the past and work together with an eye to the future welfare of our entire community. When we speak of our community and its resources, none are more precious than our youth. We have already taken January 7, 1998 : 8 many small steps to involve our youth and enrich their lives, but there is much more to be done. Work on a teen center continues, and deserves our support. Later this year the city will be joining with a number of other partners in the formation of a Community Youth Task Force, which will conduct a comprehensive assessment of the needs of youth from pre-natal to their early twenties. The irony of this service rich community is that too many of our youth fall between the cracks. We must locate those gaps in services and fill them. Our youth are our future, and we must do what we can to enhance their chances for success in life. Looking inward, city government faces a number of challenges. Our workforce does not reflect the community that it serves. We must continue to do outreach recruitment, and we must address the culture of our organization as it relates to the support and nurturance of all of our employees. We must move forward with our quality initiative. A small group of employees has worked hard on this project to date, but the time has come to support this effort with the resources that it deserves if we are serious about empowering our workforce and improving our work processes. We must also look at the functionality of our organization. Many of our employees are asking for clarification on policies, and some are to their credit, taking the initiative to formulate them. We will be taking a look at our personnel policies, and in many cases the lack of them, and bring some clarity to the situation. We have also made great strides this past year with the hiring of a network administrator, but there is much work to be done to network our satellites, modernize our equipment and establish a more functional web prescence. These improvements will lead to greater efficiencies and better service to the public, and easier access by members of the public to the information that government provides. The list of problems and needs is much longer than what I have enunciated tonight, but so are the opportunities. The most exciting opportunity sits right here in front of me with our new Common Council. I had the pleasure of participating in a very positive retreat with the members of Council this past weekend, and many of the things I spoke of this evening reflects the concerns and goals expressed by this group. I look forward to collaborating with you as we work to achieve our mutual goals for the betterment of our community. Our task is not simple, and will by no means be easy, but I am confident that 1998 will be a productive and successful year for all of us.” REPORT OF THE CITY ATTORNEY: Storrs vs. Holcomb City Attorney Geldenhuys reported on the following cases: The Storrs vs. Holcomb case was heard in the Appellate Division. The Judge ruled that the Health Department should have been named in the lawsuit, and that the court January 7, 1998 : 9 could not address any of the issues, without the Health Department being included. Elmwood Avenue There is a 2-unit building that was used as a single unit and rented out on Elmwood Avenue. The local Supreme Court ruled that the grandfather rights for this property have been lost and that this property can no longer be used as a 2-unit building in a zone where 2-units are no longer permitted under zoning regulations. 304 Cascadilla Street The property at 304 Cascadilla Street is in serious disrepair. The City obtained permission from the Supreme Court to demolish this building and remove the hazardous condition. Abandoned Property The City has obtained ownership of the property located at 402 S. Cayuga Street. This was accomplished through a court procedure where a municipality can have a property declared abandoned and than take ownership. The City can now retain/dispose/demolish the property. This item will be referred to the Planning and Economic Development Committee for further discussion. The City has started proceedings to have the property at 119 Cleveland Avenue declared abandoned. REGULAR AGENDA ITEMS: PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 18.1 An Ordinance Amending Section 325-23 Entitled “General Standards Applying to All Land Uses” of Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal Code – Call for a Public Hearing By Mayor Cohen : Seconded by Alderperson Shenk RESOLVED, That Ordinance 98-____ entitled An Ordinance Amending Section 325-23 Entitled “General Standards Applying to All Land Uses” of Chapter 325 entitled “Zoning” of the City of Ithaca Municipal Code is hereby introduced before the Common Council of the City of Ithaca, New York and be it further; RESOLVED, That Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held in the common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, February 4, 1998 at 7:00 P.M., and be it further; RESOLVED, That the City Clerk shall give notice of such public hearing by the publication of a notice in the official newspaper specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. This notice shall be published once at least 15 (fifteen) days prior to the public hearing, and be it further; RESOLVED, That the City Clerk shall transmit forthwith to the Tompkins county Planning Board and to the City of Ithaca Planning and Development Board true and exact copies of the proposed zoning ordinance for their reports thereon. Carried Unanimously January 7, 1998 : 10 The Ordinance to be considered reads as follows: Section 325-23 Entitled General Standards Applying to All Land Uses ORDINANCE 98_______ NOW BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: The City of Ithaca Municipal Code, Section 325-23, is hereby amended by the addition of the underlined provisions, and deletion of provisions indicated in brackets. A. All uses [hereafter permitted] shall conform to the current New York State Board of Health requirements and to the standards listed below: (1) Noise. Noise levels at any point along the lot line of any land use shall not exceed intensities considered acceptable by the American Standards Association. Sound or noise levels deemed by the ASA standards injurious or detrimental to adjacent land uses must be confined to the emitting land use.EN (2) Smoke. No smoke shall be emitted in violation of any provisions of this Code. (3) Odor. No odor shall be emitted in violation of any provisions of this Code. (4) Ash, dust and dirt. No amount of soot, cinders, dust or dirt shall be emitted in violation of any provisions of this Code. (5) Glare and heat. No direct or reflected glare or heat from any source shall be detectable beyond the lot lines of any land use. (6) Pollution. No connection with any public sewer or appurtenance shall be made or maintained in such a manner that there may be conveyed or created any hot, suffocating, corrosive, flammable, poisonous or explosive liquid, gas, vapor, substance or material of any kind. No wastes conveyed to or allowed to flow in and through the sewer or appurtenance shall contain materials which contain or create deposits obstructing the flow in the sewer. (7) Vibration. No use shall be operated so that ground vibration is perceptible without instruments at any point along the lot lines of such uses. B. Yard maintenance. [Added 5-1-1985 by Ord. No. 85-5] (1) Reserve [All owners of occupied or vacant buildings or vacant but previously developed lots shall be required to comply with the following yard maintenance standards: (a) Any yard area (front, side and rear) belonging to an occupied or vacant building and any previously developed vacant lot shall be cleared and maintained free of trash, solid debris or any other material that causes litter and accumulates to unhealthy and blighting proportion. Composting of vegetation or food scraps which does not throw off any obnoxious odor shall not be prohibited by this section. (b) No grass, weeds or vegetation whatsoever shall be permitted to grow or remain on the side, front and/or rear yards of any property containing an occupied or vacant building or any previously developed parcel to such extent January 7, 1998 : 11 as to produce an unsightly, disagreeable appearance objectionable to the neighborhood and not consistent with neighborhood standards of yard upkeep or to throw off any obnoxious odor. Any vegetation planted for some useful or ornamental purpose shall not be governed by this requirement. (c) The owners of all private property are hereby required to cut, trim or remove brush, high grass, rubbish and weeds from their premises along all public rights-of-way and to keep such areas in proximity to the public right-of-way, including but not limited to the lawn areas between the sidewalk and the curb, in a reasonably clean and sanitary condition to prevent the breeding of insects or vermin and to prevent the spreading of noxious weeds to adjoining premises, as well as to permit pedestrian traffic wherever practicable along the public right-of-way. Premises situated at street intersections or on curved streets shall be kept in such condition as to give a clear and unobstructed view of the intersection or curve.] (2) (e) Responsibilities of agents delegated by property owners. The responsibilities outlined in 325-23B(2)(c) may be delegated to an agent by the property owner, so long as at the time of any violation of this subsection, an agency agreement is on file in the City Building Department which contains the following information: the identity of the owner and the agent, the owner’s and agent’s addresses and current phone numbers, the property or properties the agent is accepting responsibility for, the beginning and ending date of the agreement, the exact sections of this Code assigned to the agent and the signatures of both the property owner and agent, along with each party’s date of birth. The agent must be a resident of or maintain business in Tompkins County. Post office boxes will not be accepted as addresses for agents. The property owner may not designate a residential tenant as the agent pursuant to this section, except where such designation is contained in an employment agreement between the property owner and the tenant. The employment agreement shall not be contained in the lease agreement between the property owner and the tenant, and the tenant’s acceptance of designation as the agent shall not be a condition of the lease agreement. C. Property owners shall be liable for any injury or damage resulting from or caused by reason of omission, failure or negligence to maintain the area between the sidewalk and the curb of the street in the manner described in section 325-23(B)(2)(c)(6). Sections 232-64(A)(5) and 232-70 of the City of Ithaca Municipal Code ORDINANCE 98 -_______ NOW BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: The City of Ithaca Municipal Code, Article VI, sections 232-64(A)(5) and 232-70, are hereby amended by the addition of the underlined provisions, and deletion of provisions indicated in brackets. ' 232-64. Taxicab licensing procedures. A.(5) Vehicle liability insurance: proof of liability insurance in the minimum amount of $25,000.00 per person January 7, 1998 : 12 and $50,000.00 per accident for personal injuries, and $10,000.00 per accident for property damage. 232-70. Rates. A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a map and schedule entitled "Taxicab Zones and Rates, City of Ithaca," which said map and schedule appended herewith are hereby declared to be a part of this Article EN. Except as provided in Subsection B below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of passengers within the city shall not exceed the amounts shown on said map and schedule under the heading "Zone Charges - One Passenger," or for additional passengers, all as shown on said schedule. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares in the City of Ithaca, together with the full text of the city's rate law, are available upon request from the driver of this taxicab, according to city ordinance." B. Rate rules. (1) Zone line rates. When the destination of the taxicab is the dividing line between two (2) zones, the fare for the lesser zone will be charged. (2) Children. One (1) child five (5) years of age or under shall ride free if accompanied by an adult passenger. No driver shall be required to convey any child under the age of five (5) years unaccompanied by an adult. (3) Seniors. Passengers 65 years of age or older shall be granted a discount of $0.50 in regulated fares. (4) Additional passengers. A taxicab driver may charge $.50 fare for each additional passenger of the same party and same destination. (5) Late night surcharges. A taxicab driver may charge an additional $.50 per passenger for each trip commencing or terminating between 1 a.m. and 5 a.m. (6) Baggage. No charge will be made for two suitcases, no larger than two feet by two feet by six inches in size, and one travel bag for each passenger. A charge of $1 for each oversized or additional piece of luggage under 25 pounds shall be authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be authorized. Each passenger shall be allowed to carry up to five papers or 10 plastic grocery bags at no charge. A charge of $0.25 for each additional grocery bag shall be authorized. (7) Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is equipped with suitable racks. (8) Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other than those authorized by this article. However, nonsolicited voluntary tipping is permitted. (9) Out-of-town flat rates. If the taxicab is engaged for an out-of-town trip originating or terminating in the City of Ithaca, the taxicab driver shall agree with the passenger prior to the commencement of the trip for the rate to be charged, which shall include all tolls required to be paid. (10) Prepayment. A taxicab driver shall have the right to Demand payment of the legal fare in advance and may refuse Employment unless so prepaid. January 7, 1998 : 13 (11) Group rides. No taxicab driver shall carry any person other than the passenger first employing the taxicab without consent of such passenger. (12) Waiting time. After a person has hired a taxicab, there shall be no charge for up to five minutes during which the taxicab waits for the passenger at the passenger's request. There shall be a charge of $2.00 for each additional interval of up to five minutes. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. (13) Disputed fares. In the event that there is a dispute between the taxicab driver and a passenger with respect to a fare, the taxicab driver shall submit the dispute to the desk officer in charge at police headquarters. If the passenger then makes payment according to the amount determined by said police officer, the passenger shall be given a receipt by the taxicab driver of the amount paid, which shall be witnessed by the police officer. If the passenger pays under protest, such fact shall be recorded by the desk officer, who shall make a memorandum of the dispute and the disposition made. The disposition of the dispute shall not be binding in a court. (14) Taxicab owner shall furnish each driver with a copy of the rate rules, supplied by the City Clerk, and shall instruct their drivers to apply the rules fairly and consistently, advising them that charges must not be exceeded under any circumstances. BUDGET AND ADMINISTRATION COMMITTEE: 19.1 An Ordinance Amending Section 232.70 and 232.64 of Article IV Entitled “Taxicabs”, of Chapter 232 of the City of Ithaca Municipal Code This item was withdrawn from the agenda, and referred back to the Budget and Adminstration Committee for further discussion regarding insurance levels. 19.2 Common Council - Approval of City of Ithaca TCAT Board Representatives By Alderperson Shenk : Seconded by Alderperson Gray WHEREAS, in naming Ithaca city appointees to the TCAT board, the city must consider the concerns of 3 key constituencies: City taxpayers, transit customers, and transit employees, and WHEREAS, the proposed TCAT agreement safeguards city taxpayers by requiring support from 2 out of the 3 representatives from each partner -- the city, the county and Cornell -- in order to increase the partners' subsidies faster than the rate of inflation, and WHEREAS, this provision, which was added at the city's insistence, implies that 2 of the city's 3 appointees should be elected officials, because they can be held responsible for their financial decisions; but meanwhile it is also important that customer and employee concerns be represented in the voting membership of the TCAT board; now, therefore, be it RESOLVED, That 2 of the 3 city appointees shall be members of Common Council and the third seat shall be undesignated, but one of the 3 city appointees must be chosen for sensitivity, experience and working knowledge of labor concerns and one of the 3 must be chosen for sensitivity, experience and January 7, 1998 : 14 knowledge of user concerns (preferably a frequent transit customer), and be it further RESOLVED, That the Mayor's appointments to the TCAT board shall require approval by a two-thirds majority of Alderpersons. Carried Unanimously 19.3 Common Council - Approval of TCAT Agreement By Alderperson Shenk : Seconded by Alderperson Gray WHEREAS, Common Council and the Board of Public Works has reviewed the draft agreement dated November 22, 1997, to form a Joint Venture d.b.a. Tompkins Consolidated Area Transit (TCAT) which is a significant change from current city mass transit operation known as Ithaca Transit, and WHEREAS, the Board of Public Works has recommended the concept of the Joint Venture at its regular meeting of December 17, 1997, and WHEREAS, financial planners of the joint venture have supplied the City with estimates of revenues, expenses and city subsidies through the year 2000, and WHEREAS, Common Council supports the current efforts to improve efficiency and public service through consolidation of operations, maintenance, purchasing and planning; now, therefore, be it RESOLVED, That Common Council hereby approves and authorizes the Mayor to sign a final Tompkins Consolidated Area Transit (TCAT) Agreement to form a Joint Venture for operation of a public transportation system within Tompkins County. Carried Unanimously 19.4 Common Council - Transfer of Funds for Rotary Awards By Alderperson Shenk : Seconded by Alderperson Gray WHEREAS, Common Council approved the City/Rotary Community Beautification Awards at its regular meeting on October 8, 1997, and WHEREAS, the City's share of the annual awards, $300, was to be placed in the 1998 Budget, and WHEREAS, the funds were not included in the 1998 Budget; now, therefore, be it RESOLVED, That Common Council hereby authorizes $300 be transferred from Account A1990 Unrestricted Contingency to A1012-5435 Community Services Contracts for the purpose of funding the City's portion of the 1998 Community Beautification Award program sponsored by the Ithaca Rotary Club and the City of Ithaca. Carried Unanimously 19.5 Youth Bureau - Request to Amend Authorized Personnel Roster By Alderperson Shenk : Seconded by Alderperson Gray WHEREAS, the 1998 Approved City Budget included the appropriate budget changes for a voluntary reduction of hours for a Youth Program Coordinator; now, therefore, be it January 7, 1998 : 15 RESOLVED, That based on a request initiated by the employee involved, the Authorized Personnel Roster of the Youth Bureau is hereby temporarily amended by reducing the full-time position of Youth Program Coordinator (Paul Schreurs Memorial Program) from 35 hours to 25 hours per week from January 5, 1998 to August 29, 1998. Carried Unanimously 19.6 Finance/Chamberlain - Request for Extension for Tax Sale Redemption By Alderperson Shenk : Seconded by Alderperson Farrell WHEREAS, the property owner at 413 East Lincoln Street has requested an extension of time for property redemption from the 1994 City Tax Sale for the property at 413 East Lincoln Street, and WHEREAS, the Budget and Administration Committee has reviewed the request and recommends approval of the extension; now, therefore, be it RESOLVED, That the existing owner be permitted to redeem the property at 413 East Lincoln Street, up to June 1, 1998, for the total lien amount outstanding, plus additional interest, penalty and related costs through the date of the redemption. Carried Unanimously 19.7 City Controller - Request to Approve 1996 Annual Financial Report By Alderperson Shenk : Seconded by Alderperson Sams RESOLVED, That the 1996 Annual Financial Report prepared by the Finance Department be approved as presented. Mayor Cohen reported that there were no comments made by the auditors that needed to be addressed. Carried Unanimously 19.8 Police Department - Approval of Standardization of Police Radar Equipment By Alderperson Shenk : Seconded by Alderperson Vaughan WHEREAS, this Common Council has been requested by the Ithaca Police Department to standardize on Speed Monitoring Awareness Radar Trailer (SMART) equipment to be used by the Police Department, and to authorize the City to purchase approved equipment from the manufacturer, or a representative thereof, and WHEREAS, it is deemed to be in the best interest of the City for reasons of efficiency, compatibility and economics to approve such standardization, as more fully spelled out in the following items: 1. The Ithaca Police Department presently has a SMART trailer; 2. The radar trailer equipment is not interchangeable, one type of equipment will allow for greater coordination of computerized radar equipment; 3. This action will allow for the acquisition of traffic statistics computers to be integrated with existing radar trailer; January 7, 1998 : 16 4. Labor costs for maintenance and service of a standard type of equipment will be less than are required to service different types of radar trailer equipment; 5. Present SMART equipment has been satisfactory for the uses of the Ithaca Police Department; 6. Will allow for lower acquisition cost of radar trailer units and related equipment; now, therefore, be it RESOLVED, That pursuant to Section 103, subdivision 5-A of the General Municipal Law of the State of New York, this Common Council hereby authorizes the standardization of Speed Monitoring Awareness Radar Trailer equipment as the type of equipment to be used and purchased by the City of Ithaca Police Department during 1998. Carried Unanimously 19.9 City Controller - Request Delegation of Authority on Bond Issuance By Alderperson Shenk : Seconded by Alderperson Gray A RESOLUTION DELEGATING TO THE CITY CONTROLLER OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, POWER AND AUTHORITY TO DETERMINE WHETHER BONDS OF SAID CITY SHALL BE PAYABLE IN A SUBSTANTIALLY LEVEL OR DECLINING ANNUAL DEBT SERVICE MANNER AND OTHER MATTERS RELATING THERETO. WHEREAS, the Local Finance Law of the State of New York provides that a legislative body of a city may delegate to the chief fiscal officer of said city, certain powers of said legislative body with respect to the issuance of obligations of said city; and WHEREAS, the Common Council of the City of Ithaca, Tompkins County, New York, (the "City") has previously delegated to the City Controller of said City as the chief fiscal officer on January 7, 1993, January 5, 1994, June 1, 1994 and April 5, 1995, certain powers with respect to the issuance of obligations authorized on said dates which could be so delegated pursuant to the provisions of the Local Finance Law; and WHEREAS, on June 20, 1994, the Governor of the State signed into law Chapter 201 of the Laws of 1994 which, among other things, authorizes a legislative body to determine to provide for substantially level or declining annual debt service on bonds and bond anticipation notes of a city as an alternative to providing that such bonds and bond anticipation notes be amortized in accordance with the so-called fifty per cent rule; and WHEREAS, said Chapter authorizes the finance board of a city, being the Common Council of this City, to delegate such determination, together with certain other determinations therein provided, to the chief fiscal officer; and WHEREAS, it is now desired to delegate to the City Controller of the City of Ithaca, as chief fiscal officer of the City, power to make all such determinations; now, therefore, be it RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as follows: January 7, 1998 : 17 Section 1. Pursuant to the provisions of paragraph a of Section 56.00 of the Local Finance Law, the power to determine whether to issue bonds and bond anticipation notes having substantially level or declining annual debt service, as provided in paragraph d of Section 21.00 of the Local Finance Law, is hereby delegated to the City Controller of the City of Ithaca, Tompkins County, New York, the chief fiscal officer of said City, for the following authorizations: Serial Bond Authorization Project Description Authorization Date Amount 7/7/93 Various Capital Projects $ 930,000 and Improvements 1/5/94 Various Capital Projects $ 1,713,125 and Improvements 4/5/95 Additional Costs of the $ 438,000 Reconstruction of the Youth Bureau Building 6/1/94 Additional Costs of the $ 345,266 Reconstruction of Various Streets and Roadways 6/1/94 Additional Costs of $ 110,000 Purchase of Computer Hardware and Software All other matters relating to such bonds and bond anticipation notes to be issued by said City and having substantially level or declining annual debt service, including, but not limited to, the power to determine the weighted average period of probable usefulness of the objects or purposes to be included in such bonds or bond anticipation notes, the maximum authorized period or maturity of indebtedness of such objects or purposes to be actually sold, the estimated average rate of interest at which fixed interest rate bonds of the same maturities would be sold if such bonds were to be issued with a variable rate of interest, pursuant to Section 54.90 of the Local Finance Law, whether interest on such bonds shall be compounded and payable at maturity or prior redemption, whether such bonds shall be issued as serial bonds, as sinking fund bonds, as term bonds, or any combination thereof, and all other matters which may be delegated pursuant to such Section, is hereby delegated to the City Controller of the City of Ithaca, Tompkins County, New York, the chief fiscal officer. Section 2. This resolution shall take effect immediately. Carried Unanimously January 7, 1998 : 18 19.10 Bond Resolution BOND RESOLUTION DATED JANUARY 7, 1998. By Alderperson Shenk : Seconded by Alderperson Gray A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,569,889 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. 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 $2,569,889 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 various streets in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $300,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; b) The acquisition of land on Cherry Street to expand the Industrial Park at Cherry Street, in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $415,000. 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; c) To pay the cost of the purchase and installation of computer hardware and software for use by various Departments, in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $53,510. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; d) To pay the cost of planning and design of the reconstruction of the Seneca Street garage (Phase I), in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $60,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62 (2nd) January 7, 1998 : 19 of paragraph a of Section 11.00 of the Local Finance Law; e) The purchase of various items of machinery and apparatus for construction and maintenance purposes for use by the Department of Public Works, the cost of each item of which is $15,000 or less, at a maximum estimated cost of $18,500, in and for said City, including incidental expenses in connection therewith. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; f) The purchase of a truck with plow for use by the Department of Public Works, at a maximum estimated cost of $29,500, in and for said City, including incidental expenses in connection therewith. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; g) The purchase of various items of machinery and apparatus for construction and maintenance purposes for use by the Department of Public Works, the cost of each item of which is $30,000 or more, at a maximum estimated cost of $248,500, in and for said City, including incidental expenses in connection therewith. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; h) To pay the cost of the reconstruction of sidewalks, 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; i) The reconstruction of the Fire Department training center in and for said City, and site improvements, original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $40,000. It is hereby determined that the period of probable 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; j) The reconstruction of portions of the Fire District Central Station kitchen, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $5,000, and the replacement of high rise hose and appliances, including apparatus used and incidental expenses incurred in connection therewith, at a maximum estimated cost of $7,700. It is hereby determined that the period January 7, 1998 : 20 of probable usefulness of the aforesaid reconstruction of portions of the Central Station kitchen is twenty years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, and that the period of probable usefulness of the aforesaid replacement of high rise hose and appliances is ten years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; k) The purchase of replacement pumper engines for the Fire Department of and for said City, including apparatus used and incidental expenses incurred in connection therewith, the cost of each of which exceeds $50,000, at an aggregate maximum estimated cost of $600,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is twenty years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; l) The purchase of water and ice rescue equipment for the Fire Department including motor boat, apparatus used and incidental expenses incurred in connection therewith, at a maximum estimated cost of $19,581. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; m) The purchase of equipment and furnishings for the Police Department, including incidental expenses in connection therewith, at a maximum estimated cost of $28,885. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; n) To pay the cost of upgrading of the fuel dispensing system at the Department of Public Works Streets and Facilities site, including incidental expenses in connection therewith, at a maximum estimated cost of $70,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years pursuant to subdivision 90 of paragraph a of Section 11.00 of the Local Finance Law based upon subdivision 88(a) and 88(b) thereof; o) The purchase of and installation of traffic signals on Commercial Avenue to meet New York State Department of Transportation standards, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $40,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years pursuant to subdivision 72nd (2nd) of paragraph a of Section 11.00 of the Local Finance Law; p) The acquisition of a Youth Bureau van, including incidental expenses in connection therewith, at a maximum estimated cost of $22,500. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; January 7, 1998 : 21 q) The reconstruction of the Cass Park Rink, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $123,130. It is hereby determined that the period of probable 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; r) The reconstruction of City pools, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, at a maximum estimated cost of $56,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years pursuant to subdivision 61 of paragraph a of Section 11.00 of the Local Finance Law; s) To pay the City's share of the cost of various improvements to the City transit system, including various items of equipment and maintenance vehicles and incidental expenses in connection therewith, at a maximum estimated cost of $101,817. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; t) To pay the cost of street and road reconstruction throughout and in and for said City, including 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 class of objects or purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; u) To pay the costs of the reconstruction of Stewart Avenue embankment after landslide, in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $64,266. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law; and v) To pay part of the cost of the construction of a cold storage building on the Department of Public Works Streets and Facilities site, in and for said City, including incidental improvements, equipment and expenses in connection therewith, at a maximum estimated cost of $91,000. It is hereby determined that the period of probable 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 aggregate maximum estimated cost of the aforesaid specific objects or purposes and classes of objects or purposes is $2,569,889, and the plan for the financing thereof is by the issuance of the serial bonds authorized by January 7, 1998 : 22 Section 1 hereof, allocated to each specific object or purpose or class of objects of purposes in accordance with the maximum estimated cost of each set forth in Section 1 hereof. Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief 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 its 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 countersignatures 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 January 7, 1998 : 23 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 any 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 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. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Ayes (8) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Marcham, Speilholz, Gray and Taylor Nays (0) Carried Unanimously 8-0 EXECUTIVE SESSION: By Alderperson Manos : Seconded by Alderperson Vaughan RESOLVED, That Common council adjourns into Executive Session to discuss two personnel items. Carried Unanimously January 7, 1998 : 24 RECONVENE: Common council reconvened into regular session and no formal action was taken. 20.1 DPW/Water & Sewer – Request to Amend 1998 Authorized Personnel Roster By Alderperson Shenk : Seconded by Alderperson Gray RESOLVED, That the temporary Laboratory Technician (Grade 7) position at the Water Treatment Plant be hereby extended through February 4, 1998, subject to Civil Service commission approval, and be it further RESOLVED, That the position of Laboratory Technician continue to be assigned to the CSEA Administrative Unit at Grade 7 for said extended temporary appointment. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 8:30 P.M. _________________________ ___________________________ Julie Conley Holcomb, CMC Alan J. Cohen City Clerk Mayor