HomeMy WebLinkAboutMN-CC-2000-01-05
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 January 5, 2000
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Sams, Blumenthal, Hershey
Manos, Farrell, Vaughan, Spielholz,
Glasstetter
EXCUSED:
Alderperson Taylor
OTHERS PRESENT:
City Clerk – Conley Holcomb
Assistant City Attorney – Dunn
City Controller – Cafferillo
Deputy Controller – Thayer
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
Community Development Planner – Bohn
Fire Chief – Wilbur
Economic Development Director – McDonald
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
APPROVAL OF MINUTES:
2.1 Approval of Minutes from Common Council Meetings
By Alderperson Blumenthal : Seconded by Alderperson Spielholz
RESOLVED, That the Minutes from the November 3, 1999, December 6,
1999 and December 15, 1999 Common Council meetings be approved
with grammatical corrections.
Ayes (8) Manos, Sams, Farrell, Vaughan,
Blumenthal, Glasstetter,
Spielholz, Hershey
Abstention (1) Pryor
Carried
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee:
Alderperson Vaughan requested the additions of Item 20.15 –
A Request to Establish A Capital Project for Route 13 Pedestrian
Bridge, and Item 20.16 – A Request to Establish the City-Wide
Traffic Calming Project.
No Council member objected.
YOUTH AWARD:
First Ward Alderpersons Manos and Pryor presented the January
Youth Award to Mya Thompson, a fifth grader, who attends Belle
Sherman School. Mya is a vibrant member of the Ithaca Track
Club and the Belle Sherman Bombers Basketball Team. Last year
during basketball season, Mya was diagnosed with leukemia.
While she was not able to play out the season, she continued to
attend games to cheer her teammates on from the sidelines.
During her subsequent struggle with the disease, Mya was an
inspiration to her classmates and her teachers alike. While she
was undergoing treatment in Syracuse, she was forced to miss
January 5, 2000
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two-and-a-half months of school. Mya’s teacher, Tonia Clate,
called her a “model of hope” to her fellow students and her
teachers.
Mya participated in the “Relay for Life” walk along with many of
her fellow Belle Sherman classmates and other members of the
Ithaca Track Club to raise over $2,000 for the American Cancer
Society.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Dryden, spoke about development in Lansing,
and reported that Walmart may locate in Watkins Glen.
David Nutter, City of Ithaca, spoke about bicycle and pedestrian
hazards at the Woolworth’s site, and on the 400 block of College
Avenue.
Peggy Haine, City of Ithaca, spoke in favor of protecting
Ithaca’s bookstores.
Ray Schlather, City of Ithaca, reported that he has been
approached recently by some book dealers to look into the issues
regarding Borders locating in the City of Ithaca.
Fay Goughakis, City of Ithaca, spoke about Southwest Park and
welcomed the new Common Council members.
Jennifer Bland, Ithaca High School student, stated that she is
an avid reader who cannot find new books locally. She shops
over the Internet because local stores do not always meet
customers needs.
RESPONSE TO THE PUBLIC:
Alderperson Spielholz responded to comments made by Mr.
Schlather regarding the sale of Carpenter Business Park.
Alderperson Blumenthal responded to comments made by Mr. Nutter
regarding the condition of College Avenue.
Superintendent of Public Works Gray, responded that the street
has been repaired several times and that cold weather makes
repairs difficult this time of year.
Alderperson Hershey questioned the relationship between
Bridgewaters and Building Links.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams thanked the Mayor for First Night Out, and
stated that the children had a wonderful time.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen announced a Public Meeting to be held on Wednesday,
January 19, 2000 regarding the Cayuga Lake Watershed
Intermunicipal Organization.
Mayor Cohen reminded members of Common Council and the public
that January 17, 2000 is Martin Luther King Day. There will be
a celebration at GIAC including a breakfast, luncheon, and
several presentations.
January 5, 2000
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State of the City Address
Mayor Cohen read the following address into the record:
“In preparing for this State of the City address, I looked back
at what was a productive year for the Mayor and Common Council.
The progress we have made bodes well for us in the year ahead.
As we look forward to the challenges of this next year and
beyond, we continually strive to improve the way we conduct the
affairs of government so that we may better serve our
constituents and provide the highest quality, cost effective
services possible.
To further that goal, the Common Council held a retreat to
discuss our goals and priorities. As one could imagine, our
interests were as diverse as the community we serve. Several
common themes emerged.
One was the need for better communication on all levels; amongst
the members of Council, between Council and staff and between
government and the community, to name a few. We share a desire
to make government more understandable and accessible.
We also share a desire to base all of our communications on a
foundation of respect. If any member of government or the
community at large chooses to engage in conduct that is
disrespectful of others, they undermine their own credibility
and that of the political process. I am proud to serve with
colleagues who are dedicated to improving the welfare of our
community and are committed to working together in an atmosphere
of respect despite their differences of opinion.
Development was on the mind of many Council members, as was the
impacts of it. There is a strong commitment on Council to
follow through on the initiatives we have been working on, but
to do so with a watchful eye on our neighborhoods. Our efforts
will focus on issues that improve neighborhood livability.
Downtown revitalization is an important component of this, and
it has been gratifying to see our efforts and investments
downtown begin to pay off, particularly through our cooperation
with the Downtown Partnership. There is a renewed sense of
optimism, and this past holiday season downtown was alive with
activity. We still have work to do, and our continued
investment in the State Theatre will be a critical part of our
efforts.
Another noteworthy priority of the Common Council is
intermunicipal cooperation. There is strong interest to
continue working on a number of intermunicipal agreements, and
to explore all opportunities for greater cooperation and
consolidation. Several initiatives are in the works, including
service consolidations in the areas of water, sewer and fire
services.
We are in formal discussions with 5 other municipalities on
regional land use planning. Capitalizing on this effort and
armed with new information and ideas I obtained at HUD Secretary
Cuomo’s regional planning conference last month, Supervisor
Valentino and I will be hosting a municipal leaders meeting
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later this year to expand these discussions to include our
counterparts throughout the county. I am happy to hear that
County Board Chairperson Mink will be infusing her energies into
our efforts and bringing to bear the county’s resources to focus
on the issue of tax-sharing as an important component of our
ongoing efforts to work together on a regional basis.
Our efforts to develop the urban core make sense from both a
planning and fiscal perspective. As we work to stem sprawl by
making the city a more attractive and livable community, we will
garner the financial benefits at a time when they are critically
needed. As long as we stay on track, we will avoid the
otherwise inevitable decision to significantly raise taxes or
significantly reduce staffing. Neither is an attractive
alternative, and we are fortunate to be in a position to avoid
having to make a choice between the two.
As we look ahead to our myriad tasks this year, several come to
mind. New York State’s takeover of the Community Development
Block Grant program might pose some problems for us, and we are
proactively exploring what our alternatives might be.
Building on the successes we have had in collaborating with our
institutional neighbors, we will continue to work to increase
their level of engagement and commitment on all levels.
We have also taken important steps to improve the functioning of
our city organization, and we will continue to improve the work
environment for city employees. I will continue to advocate for
the creation of a city administrator position in the hopes of
bringing fulltime professional management and coordination to an
organization that presently relies on whatever skills or lack
thereof each elected mayor brings to his or her administration
role.
As Common Council pursues its goals this year, the work that
will be done typically starts in committee. The committee
structure this year is essentially the same as last year’s, with
some important changes in committee charges.
The Community Issues Committee is now called the Neighborhood
and Community Issues Committee and will again be chaired by Jana
Taylor. This committee will continue to address the same issues
it has been, but will also be charged with specifically focusing
on neighborhood concerns. It will work with the Ithaca
Neighborhoods Council, the Homeownership Task Force and the
Traffic Calming Task Force. Our neighborhoods are our
community’s foundation, and this committee will give them the
attention they deserve.
The Human Resources Committee, chaired by Paulette Manos, will
continue its work with the Work Environment Task Force and on
issues like pay equity and hiring practices. It will also take
over all remaining personnel related items from the B&A
committee, including position reviews and contract negotiations.
The Budget and Administration Committee will be chaired by Pat
Vaughan this year. It will continue its work on budget and
financial related items. It will also focus on budget process
and reorganization in an attempt to make the process more user
January 5, 2000
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friendly for the public and policy makers alike. This committee
will also follow through on improving the city’s disaster
response preparedness and on moving the city’s information
technology efforts forward.
The Planning and Economic Development Committee will again be
chaired by Susan Blumenthal. This committee will continue to
focus on the commercial centers of our community and plan for
overall community growth that is balanced and rational.
We clearly have our work cut out for us, but I am confident in
our abilities to work together for the common good. Our
constituents expect nothing less of us.”
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Vice-Chair Ehrhardt reported that in December the Board of
Public Works approved expansion of “Titus Triangle”, a
triangular piece of green space bordered by South Titus Street,
Fair Street, and South Street just west of the Plain Street
bridge.
The Board of Public Works requested that the Parks Commission
look into the possibility of expanding the green space on either
side of Six Mile Creek for the creation of a linear park.
Vice-Chair Ehrhardt announced that he will step down as
Vice-Chair of the Board of Public Works, but continue to serve
as a member of the Board.
Natural Areas Commission
Dan Hoffman, Chair of the Natural Areas Commission expressed
appreciation to the Mayor and Common Council for the completion of
the purchase of an additional 40 acres in the Six Mile Creek
natural area.
CONSENT AGENDA ITEMS:
16.1 Finance/Controller - Designation of Official Newspaper
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That pursuant to Section C-113 of the City Charter, the
Ithaca Journal be and is hereby designated as the official
newspaper of the City of Ithaca for the year 2000.
Carried Unanimously
16.2 Finance/Controller - Collateral to Secure Deposits
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That the collateral deposited by the Tompkins County
Trust Company, M & T Bank and the Fleet Bank as reported, be
approved as to form and sufficiency.
Carried Unanimously
16.3 Finance/Controller - Public Employee's Blanket Bond
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That pursuant to Section 11 of the Public Officers Law,
the following Bond, which is on file in the Office of the City
Clerk, be, and is hereby approved in all respects for the year
2000.
Faithful Performance Blanket $250,000 Peerless
Bond Coverage Insurance Co.
Carried Unanimously
January 5, 2000
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16.4 Finance/Controller - Designation of Official Depositories
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That pursuant to Section C-34 of the City Charter, the
Tompkins County Trust Company, M & T Bank, and the Fleet Bank be,
and they are, hereby designated as the official depositories of
all City Funds for the year 2000 and are currently deposited as
follows:
TOMPKINS COUNTY TRUST COMPANY
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca Operating Fund 01-201-001004
Employees Group Insurance Deductions 08-201-001004
City of Ithaca Payroll Fund 04-201-001004
Guaranty and Bid Deposits 05-201-001004
Health Facility Agreement 05-201-001004
Deposit on Water Meters 05-201-001004
City of Ithaca-Wire Transfer Community
Enterprise Opportunity 06-201-001004
City of Ithaca BID Assessments 06-201-0
Ithaca Fire Department Bunker Facilities 05-201-001004
Sale of Unclaimed Property 05-201-001004
Circle Greenway 05-201-001004
Conference on College and Community 05-201-001004
Center for Expressive Arts 05-201-001004
Peter DeWysocki Memorial Fund 05-201-001004
Cemetery Fund 05-201-001004
Fire Department Recognition Banquet 05-201-001004
Commons Cultural Tourism 05-201-001004
West End Trees 05-201-001004
Gene Slater Memorial Fund 05-201-001004
Jack Kiely Scholarship Fund 05-201-001004
DeWitt Park Improvement Fund 05-201-001004
Employees N.Y.S. Withholding Tax 08-201-001004
Employees U.S. Savings Bonds 08-201-001004
Centennial Art Work 05-201-001004
Central Business District Trees 05-201-001004
N.Y.S. Police, Fire and Employees
Retirement System 08-201-001004
GIAC Youth Enterprise Fund 05-201-001004
FICA Overpayment Reimbursement 05-201-001004
Juvenile Firesetter's Program 05-201-001004
Capital Reserve Fund #4 - Bridges 01-201-001055
Capital Reserve Fund #11 - Parks and
Recreation Areas 01-201-001055
Capital Reserve Fund #14 - Parking Areas 01-201-001055
Capital Reserve Fund #15 - Fire Engine
Replacement 01-201-001055
Capital Reserve Fund #16 - Development of
Water Sources 01-201-001055
Capital Reserve Fund #17 - Sewer Construction 01-201-001055
Capital Reserve Fund #17A - Mandatory
Reserve for Sewer Plant Construction 01-201-001055
Capital Reserve Fund #20 - West Hill Water
and Sewer Replacement 01-201-001055
Capital Reserve Fund #22 - Bus Replacement 01-201-001055
Capital Reserve Fund #23 - Public Works
Equipment 01-201-001055
Capital Reserve Fund #24 - Energy Conservation 01-201-001055
Capital Reserve Fund #25 - Capital Improvements 01-201-001055
January 5, 2000
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Capital Reserve Fund #26 - Land Acquisition 01-201-001055
Capital Reserve Fund #27 - DPW Consolidation 01-201-001055
Payroll Benefits - Flexible Spending 08-201-001004
ECHO 05-201-001004
Six Mile Creek Natural Area 05-201-001004
Keith Andrew Riggs Memorial 05-201-001004
Thermal Imaging Unit 05-201-001004
Fire Department 175 Anniversary 05-201-001004
Rick Gray Memorial 05-201-001004
Stewart Park Carousel Fund 05-201-001004
Moore Memorial 05-201-001004
Skateboard Park 05-201-001004
IPAC Escrow 14-303-468203
Capital Reserve Fund - Joint Activity Fund 01-101-099762
Debt Service Fund 02-201-001004
Joint Activity Capital Fund 01-101-116535
FLEET BANK
ACCOUNT NAME ACCOUNT NUMBER
Firemen's Relief Fund 267-010001
Ithaca Area Wastewater Treatment Plant -
Phase III 267-365187
M & T BANK
ACCOUNT NAME ACCOUNT NUMBER
City of Ithaca - Construction Fund 01528-781-6
Carried Unanimously
16.5 Finance/Controller - Approval of 2000 Community Services
Agencies Contracts
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That the Mayor be authorized to execute the following
2000 contracts with Community Services Agencies, in accordance
with the adopted 2000 City budget:
Celebrations - Flag Day 350
Celebrations - Veterans Day 600
Community Arts Partnership 10,000
Community Arts Partnership Visitor Ticket Center 7,000
Community School of Music and Arts 2,000
Cornell Cooperative Extension 5,000
DeWitt Historical Society 7,880
Firehouse Theater 3,000
Ithaca Festival 8,000
Kitchen Theater Company 2,500
Labor Coalition 8,000
Leadership & Multicultural Alliance 2,000
Multicultural Resource Center 10,000
Project Growing Hope 500
Readabout 500
Sciencenter Afterschool Program 2,000
Teen Community Center Project 2,000
Tompkins County Area Development Corporation 7,000
T. C. Cornell Cooperative Extension Neighborhood
Leadership Program 5,000
Carried Unanimously
January 5, 2000
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REGULAR AGENDA ITEMS:
18. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.1 Sale of Carpenter Business Park - Determination of
Environmental Significance - Resolution
By Alderperson Blumenthal : Seconded by Alderperson Hershey
WHEREAS, the Ithaca Urban Renewal Agency is proposing to sell
Carpenter Business Park to Building Links, Inc., a Community
Development Corporation, in accordance with the terms of an
October 7, 1999 purchase agreement, and
WHEREAS, the Common Council for the City of Ithaca voted to
approve this sale pending compliance with the City Environmental
Quality Review Act, and
WHEREAS, the proposed action is a Type I action under the City
Environmental Quality Review Act (CEQR Sec. 176-12B), and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a Long Environmental Assessment
Form (LEAF), and
WHEREAS, the Common Council for the City of Ithaca, acting as
Lead Agency, has reviewed the LEAF, dated 10/8/99, prepared by
City of Ithaca Planning Staff, and supplemental information, and
has determined that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That Common Council, as lead agency in this matter,
hereby adopts as its own, the findings and conclusions more
fully set forth on the Long Environmental Assessment Form dated
October 7, 1999, and, be it further
RESOLVED, That Common Council, as lead agency, hereby determines
that the proposed action at issue will not have a significant
effect on the environment, and that further environmental review
is unnecessary, and, be it further
RESOLVED, That this Resolution constitutes notice of this
negative declaration and that the City Clerk is hereby directed
to file a copy of the same, together with any attachments, in
the City Clerk’s Office, and forward the same to any other
parties as required by law.
Nels Bohn, Community Development Planner, discussed the
procedures that were followed regarding the sale of Carpenter
Business Park. CD Planner Bohn stated that only a couple of
purchase offers were submitted in written format. He gave a
chronological list of purchase offers received to date.
February 1999 – The first offer for $724,000.00 was received
from Bridgewater Management, Ltd. Liability Corporation. Their
offer included a right of first refusal of purchase for the
Community Garden Parcel for $247,000. The IURA rejected the
offer and countered for $1.25 million.
March 1999 – Bridgewater Management responded and increased
their offer to $804,000.
January 5, 2000
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April 1999 – After further discussion and negotiation,
Bridgewater increased their purchase offer to $960,000. At this
point in time, Community Gardens had been pulled from the offer.
The IURA indicated that the Gardens were never offered as
surplus property, or available for sale, and that Bridgewater
would have to approach Common Council regarding the Gardens. In
addition, some of the terms of the agreement were identified as
unacceptable and the IURA indicated a need for further
negotiation. The Purchase Offer included as a condition of
purchase, receiving tax abatements for the property.
July 9, 1999 – Building Links, Community Development
Corporation, submitted a Purchase Offer for $850,000. At this
time, it was unclear what role Community Gardens played in the
offer.
August 1999 – The IURA inquired whether the offer from
Bridgewater was still valid. Bridgewater indicated that the
offer had expired and that they were withdrawing their purchase
offer.
August 20, 1999 – Building Links increased their purchase offer
to $900,000. At this time, the offer included an option to
purchase Community Gardens at the end of the lease term for an
additional $50,000 in their purchase offer. After further
negotiation, the offer included an opportunity for Building
Links to purchase Community Gardens for $70,000 due to
inflation. This purchase would only take place if Common
Council decided it did not want to renew the Community Gardens
lease which expires in 2013. CD Planner Bohn explained that the
20-year lease would continue to run if there was a sale. If
Common Council decides they do not want to continue the lease
with Community Gardens, Building Links would have an option to
buy it at $70,000 adjusted upwards for inflation at that time.
CD Planner Bohn explained that the above is the framework and
the chronology of purchase offers that were submitted. The
purchase offer states that even if the property is owned by a
tax-exempt entity, property taxes will be paid on the property.
CD Planner Bohn further explained that Bridgewater never offered
the City 1.25 million dollars.
Responding to a question by Alderperson Glasstetter, CD Planner
Bohn explained that the IURA does not have the authority to
negotiate the Community Gardens property. This action would
take approval from the Gardens and Common Council.
In response to a question asked by Alderperson Glasstetter, CD
Planner Bohn explained that the total cost to develop Carpenter
Business Park to the point where it is today and based on the
records found, is approximately $755,000. Of that amount,
$301,000 was received from the Community Development Block Grant
Program (CDBGP) administered by the US Department of HUD, and
$150,000 was received from the Appalachian Regional Commission.
Those funds were awarded for economic development purposes, job
growth, and industrial leasing only, no retail is permitted. CD
Planner Bohn further explained that when receiving federal
funds, 40% of the net proceeds need to be ear-marked back for
community development programs to benefit low and moderate-
January 5, 2000
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income persons consistent with the original purpose of the
funds. Funds may be used for expansion of Cherry Street
Industrial Park, since the City just purchased property there.
Alderperson Manos asked where the information regarding this
purchase is available. CD Planner Bohn explained that the
purchase offers, minutes, and memos are available for review
upon request in the Community Development office.
Alderperson Spielholz requested information regarding the plan
put forth by Building Links. CD Planner Bohn stated that the
offer does not address future use or beneficiaries. There were
discussions in the negotiation process about trying to work with
local businesses. Building Links has made a commitment to work
with adjacent property owners.
Planning Director Van Cort stated that the purchase offer is
completely silent as to “end-use”.
Alderperson Spielholz stated the end use will need to be
discussed at some point in time, and that rumor has it that
Borders will be going into the space.
Planning Director Van Cort explained that the environmental
review before Council tonight, has to do only with the sale of
the property. The review cannot investigate what will
eventually happen on the site. Planning Director Van Cort
further explained that anything that is permitted under zoning
can be built on the site. Van Cort explained that there will be
a subsequent environmental review if there is an application for
a building permit.
Extensive discussion followed regarding the SEQR Process.
Planning Director Van Cort explained that the City is relatively
certain that this site is not contaminated. An extensive
environmental investigation was done before work was started on
the site 10 years ago.
Mayor Cohen asked what the impact would be if it were not a
clean site. Planning Director Van Cort explained that the
transfer of ownership would not have an environmental impact.
Alderperson Blumenthal explained that a developer could submit a
site plan and still not disclose the use. This is not a
required element in order to conduct the environmental review.
Mayor Cohen explained that the time has passed for Common
Council to place contingencies on the property. There were
contingencies placed that no adult entertainment entity could
acquire the property and it could not be used for warehouse or
storage facilities. Mayor Cohen further explained that
negotiations could have been conducted before acceptance of the
Purchase Offer.
Economic Development Director McDonald explained that the
Conservation Advisory Board’s comments would be addressed under
Site Plan Review.
Planning Director Van Cort stated that the environmental review
that was completed ten years ago stands on its own merits.
January 5, 2000
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Amending Resolution
By Alderperson Blumenthal: Seconded by Alderperson Hershey
RESOLVED, That the following Resolved clause be added to the
Resolution:
“RESOLVED, That the spirit of the Southwest Urban Design
Guidelines be applied to any Site Plan Review completed on any
proposed development project so that concerns regarding
pedestrian amenities and the character of the area will be
addressed, and, be it further”
Carried Unanimously
Alderperson Blumenthal reported that since the Long
Environmental Assessment Form was completed October 7, 1999, she
would like the LEAF to reflect that there are some objections to
the project from within the community.
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) Pryor, Manos, Sams, Farrell,
Blumenthal, Vaughan, Spielholz,
Hershey, Taylor
Nays (1) Glasstetter
Carried
20. BUDGET AND ADMINISTRATION COMMITTEE:
20.1 DPW/W&S – Approve Extension of Personal Service Contract
By Alderperson Vaughan: Seconded by Alderperson Farrell
WHEREAS, Common Council approved at its regular meeting June 2,
1999, an extension of an engineering and construction management
services contract at Water and Sewer for Eric Whitney for the
period June 8, 1999 to December 31, 1999, and
WHEREAS, the Water and Sewer Division requests an extension of the
contract to December 31, 2000 at a $22.20 hourly rate, and
WHEREAS, the current heavy workload in the Water and Sewer
Division related to Cornell Lake Source Cooling, regional water
and sewer engineering efforts, and overall City development have
increased the need for specialized and experienced manpower to
maintain the overall operations of the division; now, therefore,
be it
RESOLVED, That Common Council hereby authorizes the Superintendent
of Public Works to extend the independent contract for engineering
and construction management services with Eric Whitney for the
period from January 1, 2000 to December 31, 2000, to be reimbursed
at a rate of $22.20 per hour, for a total contract extension not
to exceed $39,250, and be it further
RESOLVED, That the funds for said contract shall be derived from
Water and Sewer Capital Projects 506 and 606.
Carried Unanimously
January 5, 2000
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20.2 DPW/W & S – Approve Extension of Personal Service
Contract
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, Common Council approved at its regular meeting June 2,
1999, an extension of an on-site AutoCAD training service contract
at Water and Sewer and other City departments for Michael O’Cello
for the period July 1, 1999 to December 31, 1999, and
WHEREAS, the Water and Sewer Division requests an extension of
that contract to December 31, 2000 at a $20.00 hourly rate, and
WHEREAS, the current heavy workload in the Water and Sewer
Division related to Cornell Lake Source Cooling, regional water
and sewer engineering efforts, and overall City development have
increased the need for specialized and experienced manpower to
maintain the overall operations of the division; now, therefore,
be it
RESOLVED, That Common Council hereby authorizes the Superintendent
of Public Works to extend the independent contract for on-site
AutoCAD training with Michael O’Cello for the period from January
1, 2000 to December 31, 2000, to be reimbursed at a rate of $20.00
per hour, for a total contract extension not to exceed $20,800,
and be it further
RESOLVED, That the funds for said contract shall be derived from
Water and Sewer operating accounts and Capital Project #506.
Carried Unanimously
20.3 DPW – Request to Reauthorize Bridge Project Capital
Funds
By Alderperson Vaughan: Seconded by Alderperson Farrell
WHEREAS, the Adams Street Pedestrian Bridge over Cascadilla Creek,
connecting the 200 and 300 blocks of Adams Street, has
deteriorated to the point where routine repairs are no longer
adequate to keep the bridge safe and open to the public, and
WHEREAS, the student chapter of the American Society of Civil
Engineers at Cornell University has submitted a proposal to work
with the City Engineer’s Office to replace this bridge, and
WHEREAS, the useful life of the new bridge is more than 20 years
and the project cost, while estimated at a total cost of
approximately $46,000, and
WHEREAS, the Budget and Administration Committee has reviewed this
project at the request of the Board of Public Works, and
WHEREAS, there are remaining funds in Capital Project 348 Stewart
Avenue Bridge Repair and funds available in Capital Project 366
East Clinton Street Bridge to cover the cost of the Adams Street
Pedestrian Bridge project; now, therefore, be it
RESOLVED, That Common Council reauthorizes the unexpended balance
of Capital Project 348 Stewart Avenue Bridge Repairs and $9,000 of
funds in Capital Project 366 East Clinton Street Bridge, and be it
further
January 5, 2000
13
RESOLVED, That Common Council hereby authorizes the establishment
of Capital Project #420 Adams Street Pedestrian Bridge in an
amount not to exceed $46,000 for the repairs of said bridge, and
be it further
RESOLVED, That funding for said Capital Project shall be derived
from the following Capital Project available fund transfers:
From Capital Project #348 $37,000
From Capital Project #366 9,000
Carried Unanimously
20.4 DPW – Request Authorization to Amend Personnel Roster
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the Engineer’s Office, as part of the 2000 Budget,
included funds to upgrade their Senior Typist position to a Permit
Clerk, and
WHEREAS, both the Budget and Administration Committee and the
Position Review Committee have reviewed the personnel roster
amendment request; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2000 Engineer’s
Office Authorized Personnel Roster as follows:
Add: One (1) Permit Clerk 40 hours
Delete: One (1) Senior Typist 40 hours
and be it further
RESOLVED, That Marjorie Holcomb be appointed to the position of
Permit Clerk at an annual 2000 salary of $22,580, which is
assigned to grade 9 of the 1999 CSEA Administrative Unit,
effective January 6, 2000, and be it further
RESOLVED, That the funds necessary for said amendment shall be
derived from the department’s existing 2000 Budget.
Carried Unanimously
20.5 DPW/IAWWTP – Request to Amend Authorized Personnel Roster
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the 2000 Ithaca Area Wastewater Treatment Plant (IAWWTP)
Budget included funds to establish an Environmental Analyst and
delete a truck driver position, and
WHEREAS, the trucked waste program has reduced the need for a
full-time truck driver and creates an opportunity to increase
scientific, watershed and environmental management skills among
the current Plant Operators, and
WHEREAS, both the Budget and Administration Committee and the
Position Review Committee have reviewed the request; now,
therefore, be it
RESOLVED, That Common Council hereby amends the 2000 Ithaca Area
Wastewater Treatment Plant authorized Personnel Roster as follows:
Add: One (1) Environmental Analyst
Delete: One (1) Truck Driver
January 5, 2000
14
and be it further
RESOLVED, That funds for said roster amendment shall be derived
from the existing IAWWTP 2000 Budget.
Carried Unanimously
Mayor Cohen requested Superintendent Gray give a report regarding
personnel changes at the next Special Joint Subcommittee meeting.
20.6 DPW/W&S – Request to Amend Authorized Personnel Roster -
Resolution
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, the DPW Water and Sewer Division is requesting to make
some personnel changes to allow for a full roster to begin an
aggressive water and sewer 2000 work program, and
WHEREAS, the 2000 authorized Water and Sewer Budget includes funds
for said roster moves and both the Budget and Administration
Committee and the Position Review Committee have reviewed the
request; now, therefore, be it
RESOLVED, That Common Council hereby amend the 2000 Water and
Sewer Authorized Personnel Roster as follows:
Add: One (1) Motor Equipment Operator
Delete: One (1) Meter Servicer
and be it further
RESOLVED, That funds for said roster amendment shall be derived
from the existing Water and Sewer 2000 Budget.
Carried Unanimously
20.7 DPW/W & S – Request to Amend Authorized Personnel Roster
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the DPW Water and Sewer Division is requesting to make
some personnel changes to allow for a full roster to begin an
aggressive water and sewer 2000 work program, and
WHEREAS, the 2000 authorized Water and Sewer Budget includes funds
for said roster moves and both the Budget and Administration
Committee and the Position Review Committee have reviewed the
request; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2000 Water and
Sewer Authorized Personnel Roster as follows:
Add: One (1) Engineering Aide
Delete: One (1) Truck Driver
and be it further
RESOLVED, That funds for said roster amendment shall be derived
from the existing Water and Sewer 2000 Budget.
Carried Unanimously
January 5, 2000
15
20.8 Planning Department – Request to Amend Capital Project and
Approve Contract for Southwest Natural Area Study
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca needs to prepare a master plan for the
Southwest Natural Area, and
WHEREAS, the City of Ithaca desires Trowbridge and Wolf Landscape
Architects and Planners provide such services at an estimated cost
of $26,550, and
WHEREAS, a project of $20,000 was approved as part of the 2000
Capital Projects for the purpose of the preparation of the
Southwest Natural Area Master Plan; now, therefore, be it
RESOLVED, That Common Council hereby increases the authorization
of Capital Project #399 Southwest Natural Area Development by an
amount not to exceed $6,550 for a total project authorization of
$26,550, and be it further
RESOLVED, That the additional funds of $6,550 shall be advanced by
the General Fund and repaid by the issuance of Serial Bonds, and
be it further
RESOLVED, That the Mayor for the City of Ithaca is hereby
authorized and directed to enter into a contract with Trowbridge
and Wolf to prepare a master plan for the Southwest Natural Area
for an amount not to exceed $26,550, including all reimbursable
expenses, and be it further
RESOLVED, That the City will identify appropriate individuals to
serve as the Client Committee, which shall include representatives
from the Conservation Advisory Council, Natural Areas Commission,
Planning Board, Common Council, and the Board of Public Works.
Carried Unanimously
20.9 Planning Department – Request to Approve Contract for Final
Generic Environmental Impact Statement
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, the City of Ithaca has prepared the South West Area Land
Use Plan, dated 1994, including a 1998 Addendum, and
WHEREAS, the City of Ithaca has caused to be prepared a Draft
Generic Environmental Impact Statement, dated December 1999, and
WHEREAS, the Common Council of the City of Ithaca has declared
that this draft Generic Environmental Impact Statement is adequate
for public review, and
WHEREAS, Common Council has scheduled a public hearing for comment
on the Draft Generic Environmental Impact Statement, and
WHEREAS, the City desires to prepare a Final Generic Environmental
Impact Statement and Findings Statement as part of the
environmental review for the South West Area Land Use Plan, now,
therefore, be it
January 5, 2000
16
RESOLVED, That the Mayor is hereby authorized and directed to
enter into a contract with Chazen Engineering and Land Surveying
Company of Clifton Park, New York, in an amount not to exceed
$50,000.00 for preparation of a Final Generic Environmental Impact
Statement, and be it further
RESOLVED, That the funds for said contract be derived from
existing Capital Project #367 South West Area Land Use Plan.
Carried Unanimously
20.10 Planning Department – Request Funds for Phase One Regional
Signage Program
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, a Coalition has been formed, with representatives from
Tompkins County, the Town of Ithaca, Ithaca Downtown Partnership,
Convention and Visitors Bureau, Strategic Tourism Planning Board
and the City of Ithaca, the purpose of which is to investigate the
possibility of creating a system of way finding signage, to
identify points of interest in the City of Ithaca and Tompkins
County generally, and
WHEREAS, way finding signage has been identified as one of the
most urgent needs for the strengthening of the Downtown Business
District, and
WHEREAS, the above mentioned coalition is recommending a pilot
program be designed and constructed for downtown Ithaca at a cost
of $31,000.00 for design, fabrication and installation; now,
therefore, be it
RESOLVED, That it was recommended by the Coalition that a
$10,000.00 contribution be made by the City of Ithaca towards
Phase One, which is to serve the City of Ithaca’s Central Business
District, and be it further
RESOLVED, That the Mayor be and is hereby authorized to enter into
a contract with the Ithaca Downtown Partnership for a creation of
way finding signage system Phase One for Ithaca’s Central Business
District and Tompkins County, and be it further
RESOLVED, That the funds for said contract be derived from
existing Capital Project #365 Residential Sign Improvements.
Carried Unanimously
20.11 An Ordinance Amending Section 181-9.E. of Chapter 181 of the
City of Ithaca Municipal Code, Entitled “Fire Prevention”
By Alderperson Vaughan: Seconded by Alderperson Manos
ORDINANCE No.________ OF 2000
AN ORDINANCE AMENDING SECTION 181-9.E OF CHAPTER 181 OF THE CITY
OF ITHACA MUNICIPAL CODE, ENTITLED “FIRE PREVENTION”.
WHEREAS, the Ithaca Fire Department has been directed to
generate additional revenues to cover the costs for services
performed; and
WHEREAS, New York State Law (19 NYCRR 444.3(d)(d)) mandates
that places of assembly (C5) occupancies be inspected at least
annually; and
January 5, 2000
17
WHEREAS, as the result of the presence of special duty fire
fighters, the Fire Prevention Bureau has been engaged in
performing these inspections since approximately September 1,
1999; and
WHEREAS, the Code of the City of Ithaca (section 181-10)
empowers the Board of Fire Commissioners to determine and
specify, after giving affected persons an opportunity to be
heard, any new materials, processes or occupancies which shall
require permits in addition to those now enumerated in the Code;
and
WHEREAS, pursuant to the necessity to recover costs
associated with various city services, the Fire Chief has
recommended that an annual operating permit be required for each
place of assembly (C5) occupancy and that a fee for such permit
shall be assessed pursuant to section 181-9.F of the Ithaca
Code; and
WHEREAS, two public hearings were held where the public was
given the opportunity to be heard on the issue of permits for
areas of public assembly, and the Board has properly considered
the comments received at such hearings; and
WHEREAS, the Board of Fire Commissioners passed a
resolution on the 14th day of December, 1999, adopting
specifications for permits for Places of Assembly (C5)
occupancies in the City of Ithaca; and
WHEREAS, New York State law requires fire detection, alarm,
and suppression systems to be installed according to appropriate
code; and
WHEREAS, the importance of testing to insure the proper
operation of such systems, including the reduction of false
alarms, has been established time and again by the fire
department; and
WHEREAS, at the significance expense of other duties, the
Fire Alarm Superintendent has been engaged in performing these
inspections; and
WHEREAS, the plan review, inspection and associated revenue
generated by the Ithaca Building Department for the building
permits required for such work is separate and apart from the
work performed by the fire department as the result of these
systems; and
WHEREAS, a public hearing was held where the public was
given the opportunity to be heard on the issue of installation
and repair permits as well as the fees with respect thereto, and
the Board has properly considered the comments received at such
hearing; and
WHEREAS, the Board of Fire Commissioners passed a
resolution on the 14th day of December, 1999, adopting
specifications for permits for installation or repair of fire
detection, alarm, or fire suppression systems in the City of
Ithaca; now, therefore, be it
January 5, 2000
18
ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York, as follows:
Section 1.
Section 181-9.E. is hereby amended to add a new section
181-9.E.(25) and a section 181-9.E.(26) as follows:
§181-9.E.(25) Areas of Public Assembly.
(a) The definition of an area of public assembly as set forth in
9 NYCRR 606.3(a)(13): “An area of public assembly includes a
building or a portion of a building used for gathering together 50
or more persons for amusement, athletic, civic, dining,
educational, entertainment, patriotic, political, recreational,
religious, social or similar purposes, the entire fire area of
which it is a part, and the means of egress therefrom” is hereby
adopted.
(b) A permit shall be obtained from the Fire Chief, for the
operation of an area of public assembly prior to such operation.
(c) The Fire Chief may promulgate reasonable rules and
regulations for the granting of permits, including, but not
limited to, requiring the submittal of plans and/or specifications
for such space, and requiring the submittal of installation and/or
testing records for fire protective equipment or systems in use in
said area of assembly.
(d) Upon receipt of such application, the Fire Chief shall cause
the area of public assembly to be inspected. Such inspection
shall include measuring and calculating maximum occupancy load(s)
for the space, and determining whether or not the space is in
compliance with subchapter C of the New York State Uniform Fire
Prevention and Building Code, and of this Code.
(e) No permit for an area of public assembly shall be granted if,
in the opinion of the Fire Chief, such space is not in compliance
with Subchapter C of the New York State Uniform Fire Prevention
and Building Code, and of this Code.
(f) A permit for an area of public assembly shall be effective
for a period not to exceed one year. An application for renewal
must be made prior to the expiration of the current permit.
(g) A permit for an area of public assembly may be suspended or
revoked if, in the opinion of the Fire Chief, there is a violation
of subchapter C resulting in immediate danger to the life or
health of occupants thereof.
(h) In the event an on-premise inspection organization exists
which may provide third party inspection and certification of
compliance, such fees as required for this section shall be
adjusted to reflect the actual time spent by the fire department
required to assure compliance with the intent of this part.
(i) Fees for a permit for an area of public assembly or for
renewal of such permit shall be established by the Fire Chief,
according to subsection 181-9.F. of this part. Such fees shall
be the actual costs incurred to do the work. The personnel costs
January 5, 2000
19
included shall be based on the average hourly rate plus expenses
for fire department personnel. An estimate of these costs shall
be provided to the applicant upon preliminary approval of the
application for said permit.
§181-9.E.(26) Fire Protective Systems
(a) A permit shall be required to install or substantially repair
a fire detection, alarm, or fire suppression system as such is
defined in the New York State Uniform Fire Prevention and Building
Code.
(b) The permit required in subparagraph (a) above shall be
obtained from the Fire Prevention Bureau of the Ithaca Fire
Department. This permit is separate from, and shall be required
in addition to, any building permit issued by the Building
Department.
(c) Prior to the issuance of an installation permit, the Fire
Prevention Bureau shall review said application along with the
associated building permit to insure compliance with applicable
codes, rules, and regulations.
(d) Upon completion of installation or repair work an applicant
shall conduct an acceptance test of the full system, which test
shall be observed by the Fire Prevention Bureau. The applicant
shall provide the Fire Prevention Bureau with a system test record
describing the system to be tested and its components. The test
shall be conducted in accordance with the standards prescribed by
the National Fire Protection Association, or other appropriate
standard-setting organization as determined by the Fire Prevention
Bureau. If it is satisfied that the installation work meets the
prescribed standards, the Fire Prevention Bureau shall certify the
work as complete and satisfactory.
(e) Fees. Fees for an installation or repair permit shall be
established by the Fire Chief in accordance with subsection 181-
9.F(1) of this part. Such fees shall be the actual costs
incurred to do the work. The personnel costs included shall be
based on the average hourly rate plus expenses for fire
department personnel.
Section 2. Severability.
Severability is intended throughout and within the
provisions of this ordinance. If any section, subsection,
sentence, clause, phrase or portion of this ordinance is held to
be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity
of the remaining portions of this ordinance.
Section 3. Effective Date.
This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in
the Ithaca City Charter.
Extensive discussion followed on the floor regarding owner
notification. Alderperson Farrell would like to see prior
notification to owners so appropriate personnel can be present.
January 5, 2000
20
Fire Chief Wilbur explained that these annual inspections are
mandated by New York State. In 1999 the fire department was
authorized three additional firefighters to accomplish several
goals one of which was to perform these inspections. It was
also mandated to develop a system by which revenue is generated
based upon fees to complete the inspections to offset the cost
of the positions.
Alderperson Hershey expressed his concern with the Fire Chief
having sole authority over fees, granting permits, and
suspension/revocation of permits.
Fire Chief Wilbur explained that there are two different methods
of appeal. They are the Board of Fire Appeals, and to petition
the State Regional Board of Review to appeal a decision from a
local code enforcement official.
Fire Chief Wilbur explained that the Fire Chief is responsible
for the outcome of decisions. Chief Wilbur also explained that
there is an explanation of what is included in the inspections,
and a checklist is available for owners.
Fire Chief Wilbur stated that the Fire Department will charge an
hourly rate for the time required to perform the inspection to
include paperwork, and the hourly rate will be based upon the
average hourly wage for personnel plus expenses.
Amending Resolution
By Alderperson Spielholz: Seconded by Alderperson Farrell
RESOLVED, That Section 1 paragraph (i), second sentence, shall
have the wording “not to include travel time” added at the end.
Ayes (8) Pryor, Manos, Sams, Farrell,
Blumenthal, Glasstetter,
Spielholz, Hershey
Nays (1) Vaughan
Carried
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
Mayor Cohen thanked Fire Chief Wilbur and Alderperson Vaughan
for their Y2K efforts. Mayor Cohen noted that the City did not
experience any problems.
20.12 A RESOLUTION AUTHORIZING THE ISSUANCE OF $10,886,000 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO
PAY THE COST OF THE RECONSTRUCTION OF AND CONSTRUCTION OR
ACQUISITION OF ADDITIONS TO THE WATER SUPPLY AND DISTRIBUTION
SYSTEM OF SAID CITY AND THE RECONSTRUCTION OF AND
CONSTRUCTION OF ADDITIONS TO THE SEWER COLLECTION AND
TREATMENT SYSTEM OF SAID CITY.
By Alderperson Vaughan: Seconded by Alderperson Manos
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
January 5, 2000
21
RESOLVED, by the Common Council of the City of Ithaca,
Tompkins County, New York, as follows:
Section 1. For the classes of objects or purposes of paying
the cost of the reconstruction of and construction or acquisition
of additions to the water supply and distribution system, at a
maximum estimated cost of $8,120,000, and the reconstruction of
and construction of additions to the sewer collection and
treatment system, at a maximum estimated cost of $2,766,000, of
the City of Ithaca, Tompkins County, New York, there are hereby
authorized to be issued $10,866,000 serial bonds of said City
pursuant to the provisions of the Local Finance Law, apportioned
among such classes of objects or purposes in accordance with the
maximum estimated cost of each.
Section 2. The aggregate maximum estimated cost of the
aforesaid classes of objects or purposes is $10,886,000, and the
plan for the financing thereof is by the issuance of the
$10,886,000 serial bonds authorized by Section 1 hereof, allocated
to each of the classes of objects or purposes in accordance with
the maximum estimated cost of each as stated in Section 1 hereof.
Section 3. It is hereby determined that the period of
probable usefulness of the aforesaid reconstruction and
construction or acquisition of additions to the water supply and
distribution system is forty years, pursuant to subdivision 1 of
paragraph a of Section 11.00 of the Local Finance Law, and that
the period of probable usefulness of the aforesaid reconstruction
of and construction of additions to the sewer collection and
treatment system is forty years, pursuant to subdivision 4 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4. 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 5. 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 6. 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.
January 5, 2000
22
Section 7. 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
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 8. 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 9. 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 10. 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 11. All other matters, except as provided herein
relating to such bonds, including determining whether to issue
such bonds having substantially level or declining annual debt
service, including prescribing whether manual or facsimile
signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a fiscal
agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to 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
January 5, 2000
23
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 12. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 13. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-1. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 14. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
Alderperson Pryor requested that the Bond Resolutions be
distributed prior to the meeting in order for them to be properly
reviewed.
A Roll Call Vote resulted as follows:
Manos - Aye Vaughan – Aye
Blumenthal – Aye Farrell – Aye
Sams – Aye Spielholz – Aye
Glasstetter – Aye Hershey - Aye
Pryor – Nay Taylor - Absent
Carried
20.13 Finance/Controller – Bond Resolution
By Alderperson Vaughan: Seconded by Alderperson Sams
A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,019,500 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO
PAY COSTS 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
January 5, 2000
24
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 costs of the following objects or
purposes in and for the City of Ithaca, Tompkins County, New York,
there are hereby authorized to be issued $3,019,500 serial bonds
of said City pursuant to the provisions of the Local Finance Law,
apportioned among such objects or purposes in accordance with the
maximum estimated cost of each. Such improvements are as follows:
a) To pay costs of the reconstruction of City Hall, including
incidental expenses in connection therewith, at a maximum
estimated cost of $120,000. 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;
b) To pay costs of the purchase and installation of computer
hardware and software to upgrade the City's Parking Ticket
Issuance System, including incidental expenses in connection
therewith, at a maximum estimated cost of $55,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is five years,
pursuant to subdivision 35 of paragraph a of Section 11.00 of
the Local Finance Law;
c) To pay costs of planning and design of the proposed Commons
Improvement Project, including incidental expenses in
connection therewith, at a maximum estimated cost of $20,000.
It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is
five years, pursuant to subdivision 62(2nd) of paragraph a of
Section 11.00 of the Local Finance Law;
d) To pay costs of the purchase and installation of processing
document equipment, including incidental expenses in
connection therewith, at a maximum estimated cost of $25,000.
It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is
five years, pursuant to subdivision 32 of paragraph a of
Section 11.00 of the Local Finance Law;
e) To pay costs of the purchase and installation of computer
software for the Human Resources Department, including
incidental expenses in connection therewith, at a maximum
estimated cost of $30,000. It is hereby determined that the
period of probable usefulness of the aforesaid specific
object or purpose is five years, pursuant to subdivision 35
of paragraph a of Section 11.00 of the Local Finance Law;
f) To pay costs of infrastructure improvements on Inlet Island,
including incidental expenses in connection therewith, at a
maximum estimated cost of $175,000. 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;
g) To pay costs of the purchase and installation of computer
hardware and software for the City-wide Network Improvements
Project, including incidental expenses in connection
therewith, at a maximum estimated cost of $113,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is five years,
January 5, 2000
25
pursuant to subdivision 32 of paragraph a of Section 11.00 of
the Local Finance Law;
h) To pay costs of the purchase and installation of traffic
signals on East State Street/Cornell and Giles Streets,
including incidental expenses in connection therewith, at a
maximum estimated cost of $100,000. It is hereby determined
that the period of probable usefulness of the aforesaid
specific object or purpose is twenty years pursuant to
subdivision 72nd(a) of paragraph a of Section 11.00 of the
Local Finance Law;
i) To pay costs of the reconstruction of various streets and
roads, including incidental expenses in connection therewith,
at a maximum estimated cost of $300,000. It is hereby
determined that the period of probable usefulness of the
aforesaid class of objects or purposes is fifteen years
pursuant to subdivision 20(c) of paragraph a of Section 11.00
of the Local Finance Law;
j) To pay costs of the reconstruction of Tioga Street, including
incidental expenses in connection therewith, at a maximum
estimated cost of $40,000. It is hereby determined that the
period of probable usefulness of the aforesaid specific
object or purpose is fifteen years pursuant to subdivision
20(c) of paragraph a of Section 11.00 of the Local Finance
Law;
k) To pay costs of the upgrading of plumbing at the City Police
Department lockup facility, including incidental expenses in
connection therewith, at a maximum estimated cost of $40,000.
It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is ten
years pursuant to subdivision 13 of paragraph a of Section
11.00 of the Local Finance Law;
l) To pay costs of the acquisition of furnishings for the City
Prosecutor's Office, including incidental expenses in
connection therewith, at a maximum estimated cost of $7,000.
It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is
five years pursuant to subdivision 32 of paragraph a of
Section 11.00 of the Local Finance Law;
m) To pay costs of the replacement of existing playground
equipment for and the improvement of the playing surface at
Cass Park, including incidental expenses in connection
therewith, at a maximum estimated cost of $48,000. 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;
n) To pay costs of the reconstruction of First Street, including
incidental expenses in connection therewith, at a maximum
estimated cost of $10,000. 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;
o) To pay costs of the replacement of various sidewalks,
including incidental expenses in connection therewith, at a
maximum estimated cost of $300,000. It is hereby determined
that the period of probable usefulness of the aforesaid class
of objects or purposes is ten years pursuant to subdivision
24 of paragraph a of Section 11.00 of the Local Finance Law;
January 5, 2000
26
p) To pay costs of the replacement of street light poles in the
Downtown area, including incidental expenses in connection
therewith, at a maximum estimated cost of $25,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is five years
pursuant to subdivision 35 of paragraph a of Section 11.00 of
the Local Finance Law;
q) To pay costs of the reconstruction of West State Street,
including incidental expenses in connection therewith, at a
maximum estimated cost of $800,000. 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;
r) To pay costs of planning for the proposed Southwest Natural
Area Development Project, including incidental expenses in
connection therewith, at a maximum estimated cost of $20,000.
It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is
five years, pursuant to subdivision 62(2nd) of paragraph a of
Section 11.00 of the Local Finance Law;
s) To pay costs of various improvements to the Commons
Pedestrian Mall, including incidental expenses in connection
therewith, at a maximum estimated cost of $352,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is twenty years,
pursuant to subdivision 80 of paragraph a of Section 11.00 of
the Local Finance Law;
t) To pay costs of the purchase of various pieces of equipment
and vehicles for various Departments, which equipment and
vehicles individually cost $15,000 or less, at a maximum
estimated cost of $236,500, and to pay costs of the purchase
of equipment and vehicles for various Departments, which
equipment and vehicles individually cost $30,000 or more, at
a maximum estimated cost of $193,000, including, in each
case, incidental expenses in connection therewith, at a
maximum estimated cost of $352,000. It is hereby determined
that the period of probable usefulness of the aforesaid items
of equipment and vehicles costing $15,000 or less is five
years, pursuant to subdivision 28 of paragraph a of Section
11.00 of the Local Finance Law, and the period of probable
usefulness of those items of equipment and vehicles costing
$30,000 or more is fifteen years, pursuant to subdivision 28
of paragraph a of Section 11.00 of the Local Finance Law; and
u) To pay additional costs of the acquisition of land on Cherry
Street to expand the Industrial Park at Cherry Street,
including incidental expenses in connection therewith, at a
maximum estimated cost of $10,000 (including the $415,000
serial bonds authorized by bond resolution dated and duly
adopted January 7, 1998, revised maximum estimated cost of
this specific object or purpose is now $425,000). It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is thirty years,
pursuant to subdivision 21(a) of paragraph a of Section 11.00
of the Local Finance Law, computed from January 22, 1998, the
date of issuance of the first obligations issued for such
purpose.
Section 2. The aggregate maximum estimated cost of the
aforesaid specific objects or purposes and classes of objects or
January 5, 2000
27
purposes is $3,019,500, 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; provided,
however, that in the exercise of these delegated powers, he shall
comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of
municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be
obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein
relating to such bonds, including determining whether to issue
such bonds having substantially level or declining annual debt
service, including prescribing whether manual or facsimile
signatures shall appear on said bonds, prescribing the method for
the recording of ownership of said bonds, appointing the fiscal
agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual 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
January 5, 2000
28
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 8. The validity of such bonds and bond anticipation
notes may be contested only if:
1) Such obligations are authorized for an object or purpose
for which said City is not authorized to expend money,
or
2) The provisions of law which should be complied with at
the date of publication of this resolution are not
substantially complied with,
and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication,
or
3) Such obligations are authorized in violation of the
provisions of the Constitution.
Section 9. This resolution shall constitute a statement of
official intent for purposes of Treasury Regulations Section
1.150-1. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the
permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately,
shall be published in full in the Ithaca Journal, the official
newspaper, together with a notice of the City Clerk in
substantially the form provided in Section 81.00 of the Local
Finance Law.
A Roll Call Vote resulted as follows:
Manos - Aye Vaughan – Aye
Blumenthal – Aye Farrell – Aye
Sams – Aye Spielholz – Aye
Glasstetter – Aye Hershey - Aye
Pryor – Nay Taylor - Absent
Carried
20.15Planning Department – Request to Establish Capital Project
for Route 13 Pedestrian Bridge
By Alderperson Vaughan: Seconded by Alderperson Blumenthal
WHEREAS, the City has been notified of multi-modal funding awards
for various projects, including a Pedestrian Bridge over Route 13,
and
WHEREAS, the total cost of the bridge project has been estimated
at $250,000; now, therefore, be it
January 5, 2000
29
RESOLVED, That Common Council hereby establishes Capital Project
#421 Pedestrian Bridge over Route 13 in an authorization amount
not to exceed $250,000, and be it further
RESOLVED, That said Project Funds shall be derived from either a
General Fund advance or the issuance of Serial Bonds to be later
repaid by the New York State Department of Transportation’s Multi-
Modal Program.
Ayes (8) Pryor, Manos, Sams, Farrell
Blumenthal, Vaughan, Spielholz,
Glasstetter
Nays (1) Hershey
Carried
20.16 Planning Department – Request to Expand City-wide Traffic
Calming Capital Project
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, Common Council at its regular meeting of August 4, 1999,
established a Capital Project for a City-wide Traffic Calming
Consultant in the amount of $61,475 to be repaid by New York State
Multi-Modal Program Funds, and
WHEREAS, the total City-wide Traffic Calming Project cost,
including consulting services, has been estimated at $350,000;
now, therefore, be it
RESOLVED, That Common Council hereby expands the authorization of
Capital Project #384 City-wide Traffic Calming by an amount not to
exceed $288,525 for a total project authorization of $350,000, and
be it further
RESOLVED, That said project funds shall be derived from either a
General Fund advance or the issuance of Serial Bonds to be later
repaid by the New York State Department of Transportation’s
Multi-Modal Program.
Carried Unanimously
RECESS:
Common Council recessed at 9:00 P.M.
RECONVENE:
Common Council reconvened into regular session at 9:10 P.M.
Alderperson Taylor arrived at the meeting at 9:00 P.M.
21. NEW BUSINESS:
21.1 Election of Acting Mayor
By Alderperson Sams: Seconded by Alderperson Hershey
RESOLVED, That Alderperson Manos be nominated for the position
of Acting Mayor.
Carried Unanimously
21.2 Election of Alternate-Acting Mayor
By Alderperson Farrell: Seconded by Alderperson Spielholz
RESOLVED, That Alderperson Hershey be nominated for the position
of Alternate-Acting Mayor.
Carried Unanimously
January 5, 2000
30
22. UNFINISHED BUSINESS:
22.1 Bicycle Plan Steering Committee
Alderperson Hershey explained that Mayor Cohen authorized a
committee of Alderperson Shenk, Alderperson Hershey, and two
others to establish a steering committee for the Bicycle Plan.
Alderperson Hershey stated that the four individuals met and
designated John Beach to Chair the steering committee and
decided on a seven member committee.
Establishment of Bicycle Plan Steering Committee:
By Alderperson Hershey: Seconded by Glasstetter
RESOLVED, That the Bicycle Plan Steering Committee be
established and consist of the following residents: John Beach,
Chair, David Nutter, David Kay, Don Tall, Dolores Chorba, Phil
Cunes, and Robin Korherr.
Amending Resolution
By Alderperson Farrell: Seconded by Alderperson Sams
RESOLVED, That Ron Chapman be nominated to be a member of the
Bicycle Plan Steering Committee.
Alderperson Hershey explained that there were approximately
twenty names submitted, and that seven were selected.
Alderperson Blumenthal stated that even if a resident is not on
the committee, they can still attend the meetings and actively
participate.
Alderperson Sams expressed concern that there are no disabled
representatives to speak towards parking needs.
A vote on the Amending Resolution resulted as follows:
Ayes (4) Farrell, Sams, Manos, Taylor
Nays (5) Blumenthal, Pryor, Hershey,
Spielholz, Glasstetter
Absentions (1) Vaughan
Motion Failed
Main Motion
A vote on the Main Motion resulted as follows:
Ayes (6) Vaughan, Hershey, Spielholz
Glasstetter, Manos, Blumenthal
Nays (4) Farrell, Sams, Taylor, Pryor
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 10:30 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor