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HomeMy WebLinkAboutMN-CC-2000-01-05 1 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 2 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 3 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 January 5, 2000 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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