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HomeMy WebLinkAboutMN-CC-1998-12-02 2 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. December 2, 1998 PRESENT: Mayor Cohen Alderpersons (10) Shenk, Sams, Blumenthal, Marcham, Hershey Manos, Farrell, Vaughan, Spielholz, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Geldenhuys City Controller – Cafferillo Deputy Controller – Thayer Building Commissioner – Eckstrom Planning and Development Director – Van Cort Superintendent of Public Works – Gray Fire Chief – Wilbur Assistant Superintendent of Water and Sewer – Fabbroni Assistant Superintendent of Streets and Facilities - Ferrell Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American flag. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Use of 1998 Local Law Enforcement Block Grant Program Funds for Ithaca Drug Court Resolution to Open Public Hearing By Alderperson Blumenthal: Seconded by Alderperson Farrell RESOLVED, That the public hearing to consider the use of 1998 Local Law Enforcement Block Grant Program Funds for Ithaca Drug Court be declared open. Carried Unanimously No one appeared to address Council. Resolution to Close Public Hearing By Alderperson Shenk : Seconded by Alderperson Vaughan RESOLVED, That the public hearing to consider the use of 1998 Local Law Enforcement Block Grant Program Funds for Ithaca Drug Court be declared closed. Carried Unanimously 4.2 A Public Hearing to Consider an Ordinance Amending Chapter 325 entitled “Zoning” Amending the Regulation of Home Occupations Resolution to Open Public Hearing By Alderperson Marcham: Seconded by Alderperson Spielholz RESOLVED, That the public hearing to consider an Ordinance amending Chapter 325 entitled “Zoning” Amending the Regulation of Home Occupations be declared open. Carried Unanimously No one appeared to address Council. December 3, 1998 3 Resolution to Close Public Hearing By Alderperson Farrell: Seconded by Alderperson Hershey RESOLVED, That the public hearing to consider an Ordinance amending Chapter 325 entitled “Zoning” Amending the Regulation of Home Occupations be declared closed. Carried Unanimously ADDITIONS TO OR DELETIONS FROM THE AGENDA: Budget and Administration Committee Delete 19.12 - Mayor - Assistant City Attorney Removal Process - Discussion because it is going back to Committee. YOUTH AWARD: Alderpersons Vaughan and Blumenthal presented the December Youth Award to the Neptune Room from Belle Sherman School for their collection of more than twenty grocery bags of “corn” foods for Loaves and Fishes and the Kitchen Cupboard of Salvation Army. COMMUNICATIONS: City Clerk City Clerk Conley Holcomb handed out and read a memo from Vice Chair of the Disability Advisory Council, Larry Roberts, regarding the Traffic Calming Resolution. In it, he apologized for not being able to present the information in person, and stated the following: At its December 2, 1998 meeting the Disability Advisory Council voted unanimously to support the draft resolution, City Wide Traffic Calming Policy. He also noted they will be coming before Common Council early in 1999 to deliver the results of their public hearing on safety issues for pedestrians with disabilities which they held in November. COMMON COUNCIL APPOINTMENTS: Appointment of Council Representative to serve on the Workforce Environment Task Force By Alderperson Manos: Seconded by Alderperson Sams RESOLVED, That Tracy Farrell be appointed to serve on the Workforce Environment Task Force. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Dryden, apologized to the Mayor for his statements in the November 1998 meeting and stated he supports Drug Court. Fay Gougakis, City of Ithaca, distributed a handout and holiday card to Common Council members. She spoke about connections with the Earth, Kermit, and shells, which were on her cards. Professor Rhodin, City of Ithaca, spoke regarding Miller Street and Pearl Street. He owns property adjoining Miller Street and would also like to acquire all or part of the land that is currently going to be sold to Mr. Willett. December 3, 1998 4 Joe Allen, Attorney for Steve and Lois Willett, stated that the City has told the Willetts several times that it has no interest in the property and would deed any interest to the Willetts. He asked Council to uphold that promise. Pam Schwartz, City of Ithaca, spoke regarding Spencer Road, which she owns property along. She inquired about the status of traffic calming measures. People are trying to subvert the traffic island. She has already witnessed four accidents this year with parked cars on the street. The conditions along the sides of the road are horrible. RESPONSE TO THE PUBLIC: Alderperson Shenk addressed the comments made about Spencer Road. The Board of Public Works is still looking at the situation. Alderperson Blumenthal recommended that this issue be forwarded to the Traffic sub-committee. There is consideration of making it a “Dead End” street. Mayor Cohen stated that there is a Resolution on the agenda which defers any decision regarding Miller Street until the decision is made by the Supreme Court on the matter of ownership. He thanked Fay Gougakis for her cards. COMMUNICATIONS FROM COMMON COUNCIL: Alderperson Blumenthal stated that there will be two additional public information sessions in January and February regarding reports of progress on the landfill issue, traffic, and other assorted issues. Alderperson Marcham stated that the Budget and Administration meeting was rescheduled to Monday, December 21, 1998. Alderperson Sams thanked the Ithaca Police Department, the Ithaca Fire Department, and Bangs Ambulance for the security they provided at the parade on November 21st for the Coalition of Community Unity. REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES: Board of Public Works Vice Chair of the Board of Public Works Ehrhardt updated Council on a few matters. They approved the Collegetown Special Benefit Association District. The Board also approved the request for sponsored garbage cans on South Hill to help clean up after weekend celebrations. They endorsed the New York State Wastewater Bond Act Improvements, the multi-municipality project, and referenced the Resolution that was passed out to Council. The Board approved the Ithaca Downtown Partnership’s request for free two hour parking through the Holiday Season, from November 11, 1998 through January 10, 1999. Ehrhardt gave an update on the Bicycle Plan. They have had three meetings of the Board of Public Works, the Bicycle Pedestrian Advisory Committee, bicycle advocates, neighborhoods, and Common Council members. It is going very well and four routes have been chosen. Regarding Spencer Road, traffic volumes are down South of the triangle. It is a question of enforcement. The speed is probably higher in the stretch between Stone Quarry Road and Albany December 3, 1998 5 Street. They have considered speed humps for traffic calming, but technical obstacles are presented for those. Board of Fire Commissioners Cynthia Yahn thanked Council for adopting the 1999 budget with three new firefighter positions. They are re-opening Station 6 during the day, which complies with the two in two out mandated fire performance inspections. The MOU between the City and Town of Ithaca needs to be approved and executed, and is being drafted. The “Getting out Alive” training was excellent. There was an overwhelming response from participants. Funding will possibly come from the County for next year. They had a major incident review regarding the 405-407 College Avenue fire. It was a wood-frame building with many remodelings and layers, all of which made it difficult to fight. Cayuga Heights assisted in fighting the fire, and Cornell Police did an excellent job of containing the fire. Lansing, Varna, and Enfield fire companies covered the City while the City force was in Collegetown. The Ithaca Police Department and Cornell Environmental Health and Safety were there. The Ithaca Building Department coordinated content recovery. There have been post-fire meetings since. A commercial cook stove in the restaurant on the ground floor was the cause. The building is irreparable and must conform to the current building code if rebuilt, which is open to review. Report of the City Attorney: City Attorney Geldenhuys stated that the case is pending in the Supreme Court to determine the rightful owner of the portion of Miller Street. The title is not clear. The City has acquired the last piece of property in Six Mile Creek needed to complete Inlet Island substitute Park lands. CONSENT AGENDA ITEMS: 16.1 Finance/Controller  Request Approval of 1997 Single Audit By Alderperson Farrell: Seconded by Alderperson Vaughan RESOLVED, That the Single Audit Report for the period of January 1, 1997 through December 31, 1997, prepared by the accounting firm of Ciaschi, Dietershage, Little and Mickelson, C.P.A.'s, be accepted to comply with all of the City’s applicable Federal Single Audit and related Audit Requirements. Carried Unanimously 16.2 System Administrator  Request Approval of Project Agreement and Appropriation of Funds By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, the Partnership for Electronic Future (PEF) Consortium has established a project to provide the PEF members the ability to collectively procure and share Internet services at a cost per member of $3,000 for Internet Services for a one-year period; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Mayor to enter into PEF Project agreement at a cost not to exceed $3,000 for the period August 21, 1998 to August 20, 1999 for the purposes of providing Internet services and be it further December 3, 1998 6 RESOLVED, That an amount not to exceed $3,000 shall be transferred from Account A1990 Unrestricted Contingency to Account A1210-5435 for said Internet services. Carried Unanimously 16.4 Youth Bureau  Request to Transfer Funds By Alderperson Farrell: Seconded by Alderperson Vaughan WHEREAS, the Teen Center will be independent from the City of Ithaca effective January 1, 1999, and WHEREAS, the 1999 Youth Bureau Budget has $2,000 of hourly part- time funds earmarked for the Teen Center, that needs to be transferred to the Youth Bureau’s Contract account to establish the independent relationship with the Teen Center; now, there, be it RESOLVED, That Common Council hereby authorizes the transfer of an amount to exceed $2,000 from Account A7310-5120-1400 to Account A7310-5435-1400 for the purpose of establishing a personal service contract with the Teen Center for 1999. Carried Unanimously REGULAR AGENDA ITEMS: COMMUNITY ISSUES COMMITTEE: 17.1 City of Ithaca Diversity Statement - Resolution WHEREAS, Common Council has previously passed two resolutions which state the City’s commitment to changing the make up of the City’s workforce so it will reflect the complexion of our city, and WHEREAS, the purpose of the resolution dated January 3, 1996 was focused on issues of civil service impediments, increasing members of protected classes in underrepresented areas (officials, administration, professionals, technicians, protected services {Fire and Police Departments}, and skilled crafts), and WHEREAS, an Affirmative Action Advisory Subcommittee, consisting of the Common Council liaison to the Affirmative Action Advisory Committee, the City’s Affirmative Action Officer, and the Mayor, was established to work with the Vacancy Review Committee to ensure that this commitment is adhered to, and WHEREAS, Common Council passed another resolution dated April 2, 1997 which recommended the hiring of city residents when two equally qualified candidates were at the top of the Civil Service list and one was a city resident, and WHEREAS, the Affirmative Action Advisory Committee, Common Council, and the Mayor recognize the value that a diversified and enriched workforce can bring to our community, and WHEREAS, the proposed diversity statement was reviewed by and discussed with the Mayor, the Affirmative Action Advisory Committee, union representatives, senior staff, other employees, and the Community Issues Committee, and December 3, 1998 7 WHEREAS, this statement will guide us in how we operate, and help us to accomplish our goals and reach our objectives, and WHEREAS, the diversity statement is an affirmation of our dedication to establishing and maintaining an inclusive, supportive and non-threatening work environment, now, therefore be it RESOLVED, That the following diversity statement is hereby adopted by Common Council, and be it further RESOLVED, That this statement be widely distributed to all employees and posted in as many visible areas as possible, and be it further RESOLVED, That this statement be followed and adhered to by all staff, Common Council, and the Mayor, and be it further RESOLVED, That the manner of distribution and posting include laminating and framing the statement, and be it further RESOLVED, That these policies and procedures will be reviewed and evaluated annually to assess our progress, and be it further RESOLVED, That this statement will serve as our guiding principles. City of Ithaca Diversity Statement: The City of Ithaca is committed to a work environment and community governance that values and supports diversity and inclusion. Collectively we will strive to learn about diversity; educate City employees, members of boards and committees, and other volunteers; and promote acceptance of the differences of others within our workforce and our community. Our goal is to strengthen the City’s work environment, our government, and our ability to serve our constituents. In order to accomplish these goals, we will: Actively seek employees and volunteers with diverse backgrounds. Develop and maintain a work environment that supports and nurtures every individual throughout his or her tenure with the City. Continue to develop laws, policies and procedures governing our workforce and the City of Ithaca that are mindful and inclusive of our diverse community. Mayor Cohen thanked members of Council, City staff, and boards who have worked on this statement. Alderperson Sams stated that Director of Human Resources Michell-Nunn had something to add regarding the Resolution but she left the meeting temporarily. December 3, 1998 8 Motion to Table the Resolution By Alderperson Sams: Seconded by Alderperson Blumenthal Carried Unanimously Motion to Remove the Resolution from the Table By Alderperson Sams: Seconded by Alderperson Vaughan Director of Human Resources Michell-Nunn stated that she would like to see some of the wording changed. She would like to see a resolution that adds an additional resolved stating that this will serve as their guiding principles. Amending Resolution By Alderperson Sams: Seconded by Alderperson Vaughan RESOLVED, That a sixth Resolved will be added that will read as follows: this statement will serve as our guiding principles. Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously 17.2 An Ordinance Amending Sections 164-9B and 164-9D of Article III Chapter 164 Entitled “Dogs and Other Animals” of the City of Ithaca Municipal Code By Alderperson Sams: Seconded by Alderperson Taylor WHEREAS, the City Code of the City of Ithaca provides for the regulation and controlling of the conduct and activities of dogs within the City for purposes of promoting the public health, safety and welfare of the community, including the protection and preservation of the property of the City and its inhabitants and of peace and good order; now therefore ORDINANCE 98 – BE IT ORDAINED AND ENACTED by Common Council of the City of Ithaca, New York, as follows:  164-9. Prohibited Acts. Any owner of a dog or any other person who harbors any dog in the City of Ithaca shall be in violation of this Article if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog. B. Engages in unreasonable [habitual] howling and/or barking or other noise, audible beyond the property line of the property where the dog is harbored, [or otherwise conducts itself in such a manner as to habitually] that disturbs or annoys any person of reasonable sensitivities other than the person owning or harboring such dog. [Habitual howling or barking is defined as (a) continuous howling and/or barking, for ten (10) minutes or more in any one (1) hour, or (b) ten (10) or more instances of howling and/or barking, each instance lasting in duration for one (1) minute or more, in any one (1) hour.] December 3, 1998 9 Unreasonable howling or barking or other noise shall include, but not be limited to, the following: a)howling, barking or other noise made by a dog and continuing for more than three cumulative minutes in any sixty minute period. Or b)howling barking or other noise made by a dog which is determined to be unreasonable, taking into account the following factors: 1. The proximity of the noise to residential property. 2. The time of the day or night when the noise occurs. 3. The time duration of the noise. 4. Whether the noise is repetitive. 5. The volume of the noise. 6. The existence of complaints concerning the noise from persons living or working in the vicinity of the noise and who are affected by it. 7. Malicious provocation resulting from such activity as trespass, vandalism, or badgering. C. Causes damage or destruction to public or private property or defecates (unless the solid waste is promptly picked up and removed by the owner or other person responsible for the dog) or otherwise commits a nuisance on public or private property other than on the property of the person owning or harboring such dog. This provision shall not apply for a service animal for people with disabilities in performance of its trained duties. D. Chases or otherwise harasses any person in such manner as reasonably to cause intimidation or to put such person in reasonable apprehension of bodily harm or injury when not on the non-commercial property of the person owning or harboring such dog. E. Chases, leaps on or otherwise harasses: (1) Any bicycle, motorcycle, automobile or any other vehicle or device used by persons for travel or as a conveyance or any riders or occupants thereof. (2) Any cat, dog, or domestic animal. F. Is unlicensed when six (6) months of age or older. G. Is not wearing a current and valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash. H. Is not redeemed within five (5) days after the owner has been notified, either personally or by mail, that said dog has been seized and impounded pursuant to the Agriculture and Markets Law  118. December 3, 1998 10 I. Harasses, attacks, annoys or otherwise interferes with a service animal for people with disabilities which provides assistance for mobility, and other major life functions, to people with disabilities. Discussion followed on the floor regarding the amended language. The initial judgment will be made by the Police Officer responding to the complaint, or by the Judge of the case if a complaint is filed. Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 18.1 West End Urban Design Plan – Designation of Lead Agency Status for Environmental Review – Resolution Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed adoption of the West End Urban Design Plan is a "Type I" Action pursuant to CEQR which requires review under the City's Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposed adoption of the West End Urban Design Plan. Carried Unanimously 18.2 Acquisition of Substitute Park Lands for Southwest Park – Resolution By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, the City of Ithaca initiated a home rule request to remove the park status from Southwest Park and replace it with substitute lands of equal size to the south and west of the park, and WHEREAS, on July 22, 1998 Governor Pataki signed into law a bill authorizing the City of Ithaca to remove park status of Southwest Park by the acquiring substitute park land delineated in Chapter 413 of the 1998 session laws of the State of New York, and WHEREAS, Common Council, acting as lead agency for the environmental review, passed a negative declaration of significance on April 1, 1998 for the Southwest Park Alienation, and WHEREAS, there are several properties that need to be acquired in order to complete the alienation process; now, therefore, be it December 3, 1998 11 RESOLVED, that the City of Ithaca shall acquire the remaining substitute park land for Southwest Park, and be it further RESOLVED, that the Mayor, upon review by the City Attorney, is hereby authorized to sign any and all instruments necessary for the purchase of these properties. Carried Unanimously 18.3 Subdivision and Disposition of Surplus Portion of Property 127-1-1 – Designation of Lead Agency Status for Environmental Review – Resolution By Alderperson Blumenthal: Seconded by Alderperson Manos WHEREAS, the City of Ithaca acquired parcel 127-1-1 as substitute park land for Southwest Park, and WHEREAS, Parcel 127-1-1 contains an additional 3.3 acres of surplus land not needed for the intended purpose as substitute park land, and WHEREAS, the City has begun an environmental review for the subdivision and disposition of the surplus portion of the parcel, and WHEREAS, State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; now, therefore, be it RESOLVED, that Common Council of the City of Ithaca does hereby declare itself lead agency for the subdivision and disposition of the surplus property of parcel 127-1-1. Carried Unanimously 18.4 Traffic Calming Policy Adoption – Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, many residents of the City of Ithaca are requesting that the City address problems related to the volume of traffic, traffic speed, and aggressive behavior of many drivers in their neighborhoods, and WHEREAS, mitigation of the negative impacts of traffic on residential neighborhoods requires, rigorous enforcement of traffic laws, the construction of engineered traffic calming devices, public education, and proper planning and coordination, and WHEREAS, the Board of Public Works, in October of 1997, directed its Traffic Subcommittee, with whatever appropriate assistance it could obtain from other City departments, to draft a proposal for a citywide traffic circulation plan which takes into account the quality of neighborhood life, and WHEREAS, the City has received funding to implement traffic calming from the state and federal governments, and local businesses (from Wegman's and Rite-Aid site plan reviews), and December 3, 1998 12 WHEREAS, the Department of Public Works, at the direction of the Board of Public Works, has begun experimenting with speed humps as a traffic calming measure, and WHEREAS, the Planning and Development Board supports the creation of a traffic calming program for the City of Ithaca; now, therefore be it RESOLVED, That Common Council hereby recognizes that traffic management and traffic calming are necessary and important components of the City’s long-standing policy of stabilizing and improving residential neighborhoods, and be it further RESOLVED, That Common Council directs the Department of Public Works to continue with prudent traffic-calming experiments and traffic management strategies, and be it further RESOLVED, That the Common Council directs the Department of Planning and Development to continue with its present efforts to create a traffic calming plan for the City of Ithaca, and be it further RESOLVED, That such efforts be a high priority task in the Planning Department’s 1999 Work Program, to be undertaken in consultation with the Department of Public Works, the Board of Public Works, the Traffic Systems Engineer, the City's public safety departments, the Bicycle-Pedestrian Advisory Committee, and the Disability Advisory Council, and be it further RESOLVED, That the traffic calming plan be developed to meet the following objectives: Mitigation of the negative impacts of vehicular traffic on all residential neighborhoods using a combination of enforcement, engineered traffic calming devices, public education, and proper planning and coordination. Promotion of safe and comfortable conditions for residents, motorists, bicyclists, people who are physically challenged, pedestrians, and transit riders on residential streets. The balancing of concerns for the accommodation of emergency vehicle access and response time with traffic calming objectives. Possible implementation of a systematic procedure to respond to, analyze, and prioritize neighborhood traffic problems and solutions. Encouragement of citizen participation in all phases of traffic calming planning and program activities. Encouragement of alternative modes of transportation, such as bicycles and public transportation. Planning for mitigation of negative impacts of new development on residential neighborhoods. December 3, 1998 13 RESOLVED, That the identification of additional means of improving the quality of life in residential neighborhoods be a high priority of the City of Ithaca where traffic remedies may not be sufficient or practical. Discussion followed on the floor regarding the language of the resolution. Amending Resolution By Alderperson Farrell: Seconded by Alderperson Hershey RESOLVED, That a part of the Sixth Resolved clause be moved into the Fifth Resolved clause. A vote on the amending resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion resulted as follows: Carried Unanimously 18.5 Certified Local Government Application for Preparation of Design Guidelines – Request Authorization to Submit and Commit Local Match – Resolution By Alderperson Blumenthal: Seconded by Alderperson Farrell WHEREAS, the City of Ithaca has been designated a Certified Local Government (CLG) by the New York State Office of Parks, Recreation and Historic Preservation (OPRHP), and WHEREAS, ten percent of all federal funding allocated to state government for historic preservation programs is made available only to CLGs, and WHEREAS, the Ithaca Landmarks Preservation Commission has identified a need for design guidelines and standards to expedite and support the design review process for Certificates of Appropriateness, and WHEREAS, established design guidelines and standards would give owners a sense of surety when undertaking investment in historic properties, and WHEREAS, established design guidelines and standards could raise public awareness of the elements comprising the historic and architectural significance of the City's historic districts and buildings, and WHEREAS, the preparation of design guidelines is an eligible and competitive project under the CLG's 1998 criteria, and WHEREAS, the City has estimated a $14,284 budget for the preparation, design and printing of the design guidelines manual, and WHEREAS, the City would have no required cash match and has estimated staff involvement for project management to be no more than $2,324; now, therefore, be it December 3, 1998 14 RESOLVED, That the Director of Planning & Development be authorized to sign the funding application and commit the in- kind match for the preparation of local historic preservation design guidelines and standard; now, therefore, be it Amending Resolution By Mayor Cohen: Seconded by Alderperson Blumenthal RESOLVED, That another Resolved clause be added to read as follows: “RESOLVED, That if such application is approved and such guidelines are developed by the Ithaca Landmarks Preservation Commission, these guidelines shall be submitted to Common Council for final approval.” Alderperson Marcham stated that she does not believe these are standards, but rather ideas and guidelines. Therefore, they should not appear to be mandatory in any way, which means Common Council should not have to approve it as they would a Local Law. A vote on the amending resolution resulted as follows: Ayes (9) Shenk, Manos, Sams, Farrell, Blumenthal, Vaughan, Hershey, Spielholz, Taylor Nays (1) Marcham Carried Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously 18.6 Canal Corridor Initiative – Remove Self-Imposed Restriction to Draw Down $59,243 in FY1997 CDBG Funds to Administer the CCI Program – Resolution By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, HUD has approved the City’s Canal Corridor Initiative (CCI) application, including a FY 1997 CDBG grant of $59,243 and a FY 1997 Section 108 “grant” of $700,000 and authorized application by the City for Section 108 loans for the Marina Realty of Ithaca project and the Ithaca Landing Associates project, and WHEREAS, on December 3, 1997 the Common Council approved a funding agreement between HUD and the City of Ithaca to accept a grant in the amount of $59,243 from FY 1997 CDBG funds to deliver and administer the City’s Canal Corridor Initiative (CCI) program, and WHEREAS, the Common Council further resolved that such FY 1997 CDBG funds not be drawn down prior to submission by the City for individual Section 108 loan financing, and WHEREAS, Section 108 loan packages have been submitted by Marina Realty of Ithaca, LLC and Ithaca Landing Associates, LLC to the IURA for review and action, and December 3, 1998 15 WHEREAS, significant staff time has been spent assisting the applicants prepare the section 108 loan package and additional staff and consultant time is projected to review, negotiate and package the Section 108 loan applications and to conduct other activities that are eligible CDBG administrative costs, and WHEREAS, our professional consultant, H. Sicherman and Co., Inc., has informed the IURA staff that several CCI-recipient communities have drawn down CDBG administrative funds prior to submitting section 108 loans and that his understanding from HUD is that the communities are not subject to repayment of the CDBG administrative funding should the Section 108 loans ultimately not be submitted, and WHEREAS, the Ithaca Urban Renewal Agency voted at their November 12, 1998 meeting to recommend that Common Council approve this action; now, therefore, be it RESOLVED, that the Common Council hereby removes the self- imposed restriction to draw down $59,243 in FY 1997 CDBG funds to administer the Canal Corridor Initiative program until submission of the Section 108 loan applications for funding, and be it further RESOLVED, that such CDBG administrative grant funds may be drawn down in compliance with the CDBG Environmental Reviews Procedures contained in 24 CFR Part 58. Carried Unanimously 18.7 Contract Amendment with Planning/Environmental Research Consultants for Preparation of the Economic Development Plan for the City of Ithaca – Resolution By Alderperson Blumenthal: Seconded by Alderperson Shenk WHEREAS, on July 2, 1997, the Common Council authorized and directed the Mayor to enter into a contract with Planning/Environmental Research Consultants (PERC) to perform an Economic Development Plan for the City for an amount not to exceed $8,750, plus a budget of up to $1,000 for reimbursable expenses, and WHEREAS, Planning/Environmental Research Consultants (PERC) has fulfilled the services outlined in the scope of services and has been compensated for the contracted amount of $8,750, plus $61.32 for reimbursable expenses, and WHEREAS, the City has requested additional services not outlined in the original scope of services, and WHEREAS, the additional services required include one revision of the submitted Final Report of the Economic Development Plan and participation in one Public Information Session; now, therefore, be it RESOLVED, that the Mayor is hereby authorized and directed to enter into a contract amendment with Planning/Environmental Research Consultants (PERC) to perform additional services, as outlined above, for the City for an additional amount not to exceed $938.68, including all reimbursable expenses. Carried Unanimously December 3, 1998 16 18.8 An Ordinance Amending Chapter 325 Entitled “Zoning” – Amending the Regulation of Home Occupations – Declaration of Lead Agency Status and No Significant Environmental Impact By Alderperson Blumenthal: Seconded by Alderperson Hershey WHEREAS, an Ordinance amending Chapter 325 to amend the regulation of Home Occupations of the City of Ithaca Municipal Code has been submitted to Common Council for consideration, and WHERAS, the proposed action is an “unlisted” action under the State Environmental Quality Review Act and is a Type I action under the City Environmental Quality Review Ordinance, and WHEREAS, appropriate environmental review has been conducted, and WHEREAS, it appears that the proposed action will not have a significant effect on the environment; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca declares itself as lead agency in this matter and does hereby adopt as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form dated October 20, 1998, and, be it further RESOLVED, That Common Council of the City of Ithaca as lead agency, hereby does determine that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary under the circumstances, and be it further RESOLVED, That this Resolution shall constitute notice of this negative declaration and the City Clerk be and she is hereby directed to file a copy of the same, together with the attachment, in the City Clerk’s Office and forward the same to any other parties as required by law. Carried Unanimously 18.9 An Ordinance Amending City of Ithaca Municipal Code Section 325-9.C (1) (J) entitled “Home Occupation” By Alderperson Blumenthal: Seconded by Alderperson Farrell ORDINANCE 98- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca District Regulations Chart created pursuant to section 325-8 of the Zoning Ordinance is hereby amended by deleting the following from column 3, entitled “Permitted Accessory Uses” in R3 zoning districts: 1. Any Accessory use as permitted in R-2. 2. Private garage for four or more cars. 3. Neighborhood parking area subject to regulations of §325-20 (B). [4. Home occupation] December 3, 1998 17 Section 2 The City of Ithaca District Regulations Chart created pursuant to section 325-8 of the Zoning Ordinance is hereby amended by adding the following from column 3, entitled “Permitted Accessory Uses” in C-SU zoning districts: 1. Any accessory use permitted in R-3. 2. Home Occupation Section 3. The City of Ithaca Municipal Code section 325- 9.C.(1)(j) be amended as follows with no changes in the subordinate subsections: (j) Home occupations in all Residential Zoning [R1 and R2] Districts require a temporary special permit unless the home occupation meets all the following criteria: Section 4. The City of Ithaca Municipal Code is hereby amended by to include a new section 325-9.C.(4)(h) as follows: (h) Temporary special permits for home occupations. [1] Spaces in which home occupations are conducted must comply with the New York State Uniform Fire Prevention and Building Code. [2] A home occupation temporary special permit shall be issued for a three-year period. [3] The response of those notified by the appellant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the temporary home occupation special permit. [4] Renewals. The renewal of temporary home occupation special permits for additional three-year periods shall be granted by the Building Commissioner following inspection of the premises by the Building Department, submission of a renewal application form issued by the Building Department and an affidavit stating that the conditions as originally set forth to the Board of Zoning Appeals have not changed in any way. It is the responsibility of permit holders to renew their temporary special permits. The Building Commissioner shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and that the original qualifying conditions still exist. The Building Commissioner is authorized to charge a fee of $30 for each renewal inspection conducted. [5] Revocation. The Building Commissioner shall revoke any special permit issued here under should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit. [6] Periodic review. The Building Commissioner and the Department of Planning and Development shall review the effects of this section at least every five (5) years to determine the long-term effect on the residential character of the neighborhoods. December 3, 1998 18 Section 5. The City of Ithaca Municipal Code sections 325- 9.C.(4)(a)[2], 325-9.C.(4)(b)[4], 325-9.C.(4)(e)[7], 325- 9.C.(4)(g)[2], 325-9.C.(4)(g)[3], are hereby amended to remove the references to section 325-41 and insert in the place of the former cross-reference a reference to Municipal Code section 325-40. Section 6. Effective Date. This ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Carried Unanimously 18.10 Inlet Island Rezoning - Report Alderperson Blumenthal stated they are in the first step of adopting the Inlet Island Plan. A concept memo was distributed which describes rezoning the Island to a new “Waterfront District” zone. There will be a public hearing regarding the West End Design Plan on December 16th, 1998 at 7:30 P.M. The next hearing will be at the January 1999 Common Council meeting. RECESS: On a motion Common Council recessed at 9:00 p.m. and reconvened at 9:10 p.m. Item 16.3 Consent Agenda item was deleted from the agenda. It was an enclosure that was planned to put in the tax bill at the end of December. The idea was to mail Severe Weather Bulletins with tax bills, but the courts sometimes do not agree with this. The idea would be to mail the Bulletins with tax receipts instead. Since this solution does not require Council approval, it was removed from the agenda. 19. BUDGET AND ADMINISTRATION COMMITTEE: 19.1 Common Council  Allocation of Tompkins County Celebration Funds By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, Tompkins County has provided funds to localities for assistance in celebration activities, and WHEREAS, the Budget and Administration Committee has received funding requests from four local celebration events in recent weeks, and WHEREAS, the remaining 1998 balance of celebration funding is $2,531.15, and WHEREAS, all four requests meet the criteria for the celebration funding, now therefore be it RESOLVED, That Common Council hereby appropriates the remaining celebration funding amount of $2,531.15 to the following 1998 celebration events: Ithaca Festival $ 632.78 Tompkins County Human Rights Commission Banquet 632.78 GIAC  Harvest Fest Dinner 632.78 Southside Kwanzaa Celebration 632.78 And be it further December 3, 1998 19 RESOLVED, That Common Council shall establish a policy and procedure to allocate future celebration funding early in 1999 Carried Unanimously 19.2 Local Law Providing For A Partial Tax Exemption for Real Property Owned by Persons with Disabilities Whose Incomes are Limited by Reason of Such Disabilities Alderperson Marcham stated that they are in the process of devising this Local Law. They will hold a public hearing in January. 19.3 Planning and Development - Allocation of Additional Funds for the Preparation of the Generic Environmental Impact Statement for the Southwest Area Land Use Plan  Resolution By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, on May 6, 1998, the Common Council, acting as Lead Agency, determined that the Southwest Area Land Use Plan may have a significant environmental impact and that a Generic Environmental Impact Statement must be prepared, and WHEREAS, on June 1, 1998, the City of Ithaca held both an Agency Scoping Session and a Public Scoping Session to identify issues to be analyzed in the draft Generic Environmental Impact Statement for the proposed Southwest Area Land Use Plan, and WHEREAS, on August 5, 1998, the Common Council after considering both the written scope and the comments made during the public and interested agency comment period adopted the scoping document for the draft Generic Environmental Impact Statement for the Southwest Area Land Use Plan, and WHEREAS, also on August 5, 1998, the Common Council, authorized and directed the Mayor to enter into a contract with Clark Patterson Associates to prepare the Generic Environmental Impact Statement for the Southwest Area Land Use Plan for an amount not to exceed $270,000, including all reimbursable expenses, and WHEREAS, Clark Patterson Associates Scope of Services, Schedule A, was based on the August 5, 1998 adopted scoping document, and WHEREAS, any activities or services not included within the description of the Consultant’s Scope of Services, Schedule A, are considered additional services and will be performed only with the City’s prior authorization, and WHEREAS, it has now been determined that the total project budget for the Southwest Area Land Use Plan will be $400,000; now, therefore, be it RESOLVED, That Capital Project #367 Southwest Area Land Use Plan be amended by an amount not to exceed $388,000 for a total authorization of $400,000 with a budget allocation as follows: Generic Environmental Impact Statement $270,000 Urban Design Guidelines 15,000 Legal Services 20,000 Additional GEIS Services 50,000 Financing 5,000 December 3, 1998 20 Contingency 40,000 And, be it further RESOLVED, That the Mayor, the Chair of the Planning and Development Committee, Chair of the Budget and Administration Committee, Director of the Planning and Economic Development Committee are hereby authorized to administer the time sensitive issues relating to the Southwest Area Land Use Plan with immediate advance notice of these committee meetings to all Council members, and, be it further RESOLVED, That issues related to the Southwest Area Land Use Plan which are not time sensitive shall go through the normal committee and Council approval process, and, be it further RESOLVED, That funding for said GEIS shall be financed by the issuance of five year Bond Anticipation Notes. Discussion followed on the floor regarding why all issues are not being brought back to the full Council. Alderperson Manos stated she cannot support the Resolution as is because full Council will not be consulted on all issues. Alderperson Blumenthal stated she cannot support this because too many people are involved in the process. It should be just staff to keep the process flowing more quickly. Alderperson Sams asked if there was a way to compromise by allowing two other people to be involved in the process. Alderperson Hershey stated he supports Alderperson Blumenthal’s opinion on the involvement of staff in the decision. Alderperson Vaughan stated she trusts a small group of people to deal with this issue instead of encumbering the whole Council. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Hershey RESOLVED, That the First Ward Alderpersons be removed from the first Resolved, and it be changed to read as follows: “RESOLVED, That the Mayor, the Chair of the Planning and Development Committee, Chair of the Budget and Administration Committee, and the Director of the Planning and Economic Development Committee, are hereby authorized to administer the time sensitive issues relating to the Southwest Area Land Use Plan with an immediate notice of meetings to all Council members, and, be it further” A vote on the amending resolution resulted as follows: Ayes (6) Shenk, Farrell, Sams, Blumenthal, Vaughan, Hershey Nays (4) Taylor, Manos, Spielholz, Marcham Carried December 3, 1998 21 Main Motion as Amended A vote on the Main Motion resulted as follows: Ayes (7) Shenk, Farrell, Spielholz, Marcham, Blumenthal, Vaughan, Hershey Nays (3) Taylor, Manos, Sams Carried 19.4 City Prosecutor  Request to Amend Budget and Authorized Roster By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the Office of the City Prosecutor has received $72,600 in Federal Grant Funds through the Violence Against Women Act, and WHEREAS, the grant funds are to be used for domestic violence prosecution, and WHEREAS, the 18-month grant will allow the City to upgrade the current half-time Deputy City Prosecutor to full-time to focus on domestic violence prosecution and create a temporary half- time Deputy City Prosecutor position focusing on prosecution of traffic offenses; now, therefore, be it RESOLVED, That Common Council hereby accepts the receipt of $72,600 in said Federal Grant Funds for the City Prosecutor’s Office and temporarily amends the 1998/1999 Authorized Personnel Roster as follows: Delete: One (1) half-time Deputy City Prosecutor, 17.5 hours Add: One (1) temporary full-time Deputy City Prosecutor, 40 hours Add: One (1) temporary half-time Deputy City Prosecutor, 17.5 hours and be it further RESOLVED, That Ezra Sherman shall hereby be assigned to the temporary full-time Deputy Chief Prosecutor position at an annual salary of $40,000 effective December 7, 1998, and be it further RESOLVED, That Common Council hereby directs the City Controller to amend the 1998 and 1999 budgets to reflect the receipt of said Federal Grant in the amount not to exceed $72,600, and be it further RESOLVED, That the Personnel Roster and Budget amendments shall be only for the duration of the grant period of December 7, 1998 through June 7, 2000 and if said grant is not renewed, the Personnel Roster and Budget shall revert back to the current status. Carried Unanimously December 3, 1998 22 19.5 An Ordinance Amending the City of Ithaca Municipal Code to Amend The Penalty for Parking in Yards or Lawns By Alderperson Marcham : Seconded by Alderperson Vaughan ORDINANCE NO. 98____ NOW BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York, as follows: Section 1. The City of Ithaca Municipal Code, Section 1-1. of the City of Ithaca Municipal Code entitled “Penalties for offenses” is hereby amended as follows: B. Notwithstanding the penalty provisions of the preceding subsection or other penalties specified in subsequent sections of this Code, the penalties for violation of the Code sections listed below shall be: not more than $40 nor less than $20 for a first offense at the same property; not more than $60 nor less than $30 for a second offense at the same property; and not more than $100 nor less than $50 for a third offense at the same property, if a conviction for such offense occurs within the same twelve-month period. Each day on which the condition exists may be charged and shall be considered as a separate offense. Code Section 196-5 (Uncollected garbage) 210-35 (Open areas) 210-36C (Accessory structures) 210-38 (Garbage and refuse) 272-4D (Mobile signs) 272-4E (Banners and pennants) 285-5 (Sidewalks) 325-20.C(1)(j) (Front yard parking) 325-20D (Front yard parking) 325-23B(1) (Yard maintenance) 325-23B(2) (Exterior property maintenance) Section 2. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter Carried Unanimously 19.6 Department of Public Works  Hiring of Auto Mechanic Supervisor at a Salary Above Graded Minimum By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That Jeffrey W. Frisbie be and hereby is appointed to the position of Automotive Mechanic Supervisor at an annual salary of $26,000, effective December 14, 1998. Carried Unanimously December 3, 1998 23 19.7 Department of Public Works  Water/Sewer  Appointment of Assistant Engineering Systems Manager By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That for the period December 14, 1998 through June 14, 2000, the Personnel Roster of the Water and Sewer Division of the Department of Public Works be temporarily amended as follows: Add: One (1) Assistant Engineering Systems Manager and be it further RESOLVED, That the position of Assistant Engineering Systems Manager be assigned to the CSEA Administrative Unit at Salary Grade 19 ($27,352 - $31,450). Carried Unanimously 19.8 Department of Public Works  Water/Sewer  Request to Purchase GPS Equipment  Resolution By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the Department of Public Works Water and Sewer Division has a need for daily use of Global Positioning Systems equipment to assist them with field location, measurement and inventorying, and WHEREAS, the accuracy, ease of use and learning curve, and manpower savings will produce an effective payback of the equipment, and WHEREAS, the estimated cost of the GPS equipment is $60,000; now, therefore, be it RESOLVED, That Capital Project #508 GPS Equipment Acquisition be established in an amount not to exceed $60,000 for the purchase of GPS equipment for the Department of Public Works, and, be it further RESOLVED, That funds for said equipment purchase shall be derived by transferring funds from the following accounts to Capital Project #508: A1440-5440/5435 $ 3,860 CP 343 GIS Monument 16,140 CP 502 Water Supply Imp. 40,000 $60,000 and, be it further RESOLVED, That the City Controller shall be directed to make all necessary transfers for said equipment purchase. Carried Unanimously December 3, 1998 24 19.9 Department of Public Works-Water/Sewer - Approval of Engineering and Construction Management Support Contract  Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, the Department of Public Works Water and Sewer Division has an immediate need to move forward stalled pump station rehabilitation projects at Giles Street, Buffalo Street, and Inlet Island, to assist with City infrastructure work associated with the Cornell University Lake Source Cooling project, and to assist engineering efforts related to the regional water and sewer projects, and WHEREAS, the City can hire under contract, Eric Whitney, for a six month period to assist with said services; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to enter into an independent contract for engineering and construction management services with Eric Whitney for a period from December 7, 1998 to June 7, 1999 to be reimbursed at the rate of $20.20 per hour, for a total contract amount not to exceed $10,500, and, be it further RESOLVED, That the funds for said contract shall be derived from Water and Sewer Capital Projects. Carried Unanimously 19.10 Department of Public Works  Water/Sewer  Request Approval of Contract for AutoCAD Training By Alderperson Marcham: Seconded by Alderperson Manos WHEREAS, the Department of Public Works has been using the AutoCAD System for ten years to transition to electronic data systems, mapping and design, and WHEREAS, there is continual need to train and transition the workforce involved in meter reading, utility scoping, sewer televising and plumbing inspection, and WHEREAS, the Water and Sewer Division has the opportunity to hire Michael O’Cello to train present and potential City staff, and others identified by the Human Resources Director as future job applicants in AutoCAD; now, therefore, be it RESOLVED, That Common Council hereby authorizes the Superintendent of Public Works to enter into an independent contract for on-site AutoCAD training with Michael O’Cello for a period from January 1, 1999 to June 30, 1999, to be reimbursed at the rate of $18 per hour, for a total contract amount not to exceed $9,360, and, be it further RESOLVED, That the funds for said contract shall be derived from within existing 1999 Water and Sewer budgets, and be it further RESOLVED, That the Water and Sewer Division staff shall consult with the Human Resources Department and promote this training opportunity to persons inside and outside city employment, to encourage workforce diversity. December 3, 1998 25 Amending Resolution By Mayor Cohen: Seconded by Alderperson Farrell RESOLVED, That the phrase “and others identified by the Human Resources Director as future job applicants” be added into the third Whereas clause. A vote on the amending resolution resulted as follows: Carried Unanimously Amending Resolution By Alderperson Marcham: Seconded by Alderperson RESOLVED, That a third Resolved be added to the Resolution that would read as follows: “RESOLVED, That the Water and Sewer Division staff shall consult with the Human Resources Department and promote this training opportunity to persons inside and outside city employment, to encourage workforce diversity.” A vote on the amending resolution resulted as follows: Carried Unanimously Main Motion as Amended A vote on the Main Motion as amended resulted as follows: Carried Unanimously 19.11 Department of Public Works - Water/Sewer  Authorization to Develop Water Supply MOU  Resolution By Alderperson Marcham: Seconded by Alderperson Shenk WHEREAS, the Towns of Dryden, Ithaca and Lansing and the Villages of Cayuga Heights and Lansing are partners in the Southern Cayuga Lake Intermunicipal Water Commission (SCLIWC), and WHEREAS, Cornell University, the City of Ithaca and five municipal partners of SCLIWC (to now be referred to as the seven entities) each own, operate and maintain their own individual water supply systems, and WHEREAS, the seven entities executed a Memorandum of Understanding, dated July 2, 1996, to jointly undertake a comprehensive water system study with the assistance of O’Brien & Gere Engineers (OBG), and WHEREAS, based on the results of the OBG study, the seven entities agreed to participate in an Integrated Water System Committee (IWSC) to study the recommendations of the OBG report and to determine what cooperative actions the seven partners should take in order to receive the benefits of a regionalized water supply system, and WHEREAS, the progress of the IWSC has reached a point where the representatives of the seven entities think it appropriate that all six municipal governing boards provide a resolution and Cornell provide a letter to the IWSC authorizing their representatives to develop and propose a final draft Memorandum of Understanding and agreement of municipal cooperation for the creation of a regional water supply system for the seven entities; now, therefore, be it December 3, 1998 26 RESOLVED, that the City of Ithaca does hereby express its intention to become one of seven partners participating in a regional water supply system, and, be it further RESOLVED, That the City of Ithaca does hereby authorize its representatives on the IWSC to develop and propose a final draft Memorandum of Understanding and agreement of municipal cooperation for the creation of a regional water supply system for the seven partners. Discussion followed on the floor regarding the use of the word “entities” instead of “partners.” It was questioned whether the other parties would agree with this change. Carried Unanimously 19.13 City Attorney  Request to Transfer Funds for Legal Assistance  Resolution By Alderperson Marcham: Seconded by Alderperson Farrell WHEREAS, the Assistant City Attorney resigned effective on or about August 3, 1998, and WHEREAS, by Common Council resolution dated August 5, 1998, the City Attorney’s Office was authorized to enter into a contract with Patricia Dunn as an independent contractor for the period from July 27, 1998 to December 31, 1998 for legal services, to be reimbursed at the rate of $30 per hour, for a total amount not to exceed $25,886.52, and WHEREAS, the City Attorney’s Office is in need of assistance to provide legal services until a permanent Assistant City Attorney has been appointed, and WHEREAS, a salary line for the Assistant City Attorney’s salary has been budgeted for fiscal year 1999; now, therefore, be it RESOLVED, That the City Attorney’s Office is authorized to enter into a contract with Patricia Dunn as an independent contractor for the period from January 1, 1999 to March 31, 1999, or until the Assistant City Attorney commences employment, whichever is sooner, for legal services, to be reimbursed at the rate of $30 per hour, for a total amount not exceed $15,600, and, be it further RESOLVED, That the sum of $15,600 shall be transferred from account A1420-5105 (City Attorney  salaries) to account A1420- 5435 (City Attorney  contracts), and, be it further RESOLVED, That the appointment of Patricia Dunn as Acting Assistant City Attorney shall be extended as of January 1, 1999. Carried Unanimously December 3, 1998 27 19.14 Finance/Controller – Bond Resolution By Alderperson Marcham: Seconded by Alderperson Vaughan A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,756,500 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 $3,756,500 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 roads at Lake Street and University Avenue in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $200,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; b) To pay the cost of improvements to the Seneca Street Parking Garage, in and for said City, including incidental expenses in connection therewith, at a maximum estimated cost of $1,100,000. 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; c) To pay the cost of the reconstruction of sidewalks, throughout and in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $75,000. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law; d) To pay the City's share of the cost of a 1999 street and road construction program, throughout and in and for said City, including incidental improvements and expenses in connection therewith, at a maximum estimated cost of $300,000. An additional part of the cost of said program shall be paid from $150,000 monies to be received by said City from the Consolidated Highway Improvement Program of the State. 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; e) The pay the cost of improvements to the Cass Park Pool Deck (Phase III), including incidental improvements and expenses in connection therewith, at a maximum estimated cost of December 3, 1998 28 $150,000. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; f) The reconstruction of the Inlet Island municipal parking lot, at a maximum estimated cost of $100,000, 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 20(f) of paragraph a of Section 11.00 of the Local Finance Law; and g) The reconstruction of the sewer system at Lake Street and University Road 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 specific object or purpose is forty years, pursuant to subdivision 4 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 $3,756,500, and the plan for the financing thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to each specific object or purpose or class of objects or purposes in accordance with the maximum estimated cost of each set forth in Section 1 hereof. Section 3. Subject to the 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, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, provided, however, that in the exercise of these delegated powers, he shall December 3, 1998 29 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. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the City Controller. Such notes shall be of such terms, form and contents as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 8. The City Controller is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note issue of said City in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The intent of this resolution is to give the City Controller sufficient authority to execute those applications, agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds and, or notes without resorting to further action of this Common Council. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service, including prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of its City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or December 3, 1998 30 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 12. 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 13. This resolution, which takes effect immediately, shall be published in full in the , 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. City Controller Cafferillo clarified what the money would be used for. It includes the Southwest Park GEIS ($400,000), a Streets and Facilities roof replacement ($93,500), the Stewart Avenue bridge repairs ($526,000), Parking Garage Lighting and Securing project ($210,000), the Ithaca Fire Department defibrillator acquisition project ($12,000), the computer acquisition Y2K project ($230,000), and the new voice mail project ($60,000). They were approved in 1998 and will be added to the budget and financed in various manners. A vote on the main motion resulted as follows: Shenk: aye Manos: aye Sams: aye Farrell: aye Blumenthal: aye Vaughan: aye Marcham: aye Spielholz: aye Taylor: aye Hershey: aye Carried Unanimously Alderperson Blumenthal thanked the members of the Water Study Committee for their help and work. 19.15 City Attorney – Unopened Portion of Miller Street - Resolution By Alderperson Marcham: Seconded by Alderperson Spielholz WHEREAS, Common Council voted, by resolution at its regularly scheduled meeting of August 5, 1998, to approve a quit claim deed to convey Miller Street east of Pearl Street to the city line to Steven and Lois Willett (the unopened portion of Miller Street), and WHEREAS, since that date an action was commenced by Steven and Lois Willett in the Tompkins County Supreme Court requesting the December 3, 1998 31 Court to determine right, title and interest to the unopened portion of Miller Street, and WHEREAS, the City has joined in the request to the Court to determine title to said unopened portion of Miller Street; now, therefore, be it RESOLVED, That the City shall refrain from conveyance of said property until such time as the State Supreme Court renders its decision. Carried Unanimously 19.16 Appointment of Deputy City Clerk By Alderperson Marcham: Seconded by Alderperson Shenk RESOLVED, That Robin Korherr is hereby appointed to the position of Deputy City Clerk at a 1998 Management Compensation Plan annual salary of $35,720, effective December 7, 1998. EXECUTIVE SESSION: By Alderperson Vaughan: Seconded by Alderperson Marcham RESOLVED, that Common Council adjourn into Executive Session to discuss a personnel item. Carried Unanimously RECONVENE: Common Council reconvened into regular session with no formal action being taken. A vote on the main resolution resulted as follows: Ayes (9) Manos, Shenk, Farrell, Sams, Blumenthal, Vaughan, Marcham, Spielholz, Hershey Nays (0) Abstentions (1) Taylor Carried Alderperson Marcham stated that they had an excellent audit report and she thanked City Controller Cafferillo and the other people who were involved. ADJOURNMENT: On a motion the meeting adjourned at 10:40 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor