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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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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
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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
:
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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
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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
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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
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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
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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
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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
:
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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