HomeMy WebLinkAboutMN-CC-1998-12-02
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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