HomeMy WebLinkAboutMN-CC-2000-12-06
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 December 6, 2000
PRESENT:
Mayor Cohen
Alderpersons (10) Pryor, Sams, Blumenthal, Glasstetter, Manos,
Farrell, Vaughan, Spielho1z, Taylor, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
City Controller – Cafferillo
Deputy Controller – Thayer
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Director of Community Development - Bohn
Acting Building Commissioner – Radke
Deputy Police Chief – Sharshon
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
YOUTH AWARD:
Third Ward Alderpersons Blumenthal and Vaughan presented the
December 2000 Distinguished Youth Award to the 21 children in the
Belle Sherman School Garden Room Kindergarten Class. The
children in this class made three baby quilts to donate to the
ABC Quilts project that distributes quilts to AIDS/HIV infected,
and drug addicted babies. ABC has sent quilts to babies in
communities within New York as well as to Romania, Kosovo, and
the former USSR. To date, more than 300,000 quilts have been
delivered to hospitals, foster homes, and daycare centers.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Resources Committee
Alderperson Manos requested the addition of Item 18.3 –
Postponement of the Effective Date of Retirees’ Health Insurance
Increases – Resolution.
No Council member objected.
New Business
Alderperson Manos requested the addition of two additional items
in the Motion to enter into Executive Session regarding
collective bargaining.
No Council member objected.
Planning and Economic Development Committee
Alderperson Blumenthal requested the addition of Item 17.2B –
Acquisition and Disposition of the Esty Street Parking Lot –
Transfer to IURA and Endorse Sale to Arche, LLC. – Resolution.
Alderperson Blumenthal further requested the deletion of Item
17.6 – An Ordinance Amending Section 325-45 Entitled “Amendment
December 6, 2000
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Procedure Outlined” of Chapter 325 Entitled “Zoning” of the City
of Ithaca Municipal Code – Call for a Public Hearing –
Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Presentation of Pride of Ownership Awards
Scott Whitham, Susan Blumenthal, Margaret Hobbie, and Jagat
Sharma presented the 3rd Annual Pride of Ownership Awards on
behalf of the City of Ithaca and the Rotary Club.
The Pride of Ownership Award Program, now in its third year,
recognizes property owners who develop projects or take care of
their properties in ways that enhance the physical appearance and
quality of life in city neighborhoods and commercial areas. The
award winners received original drawings of their properties by
Ithaca artists Jagat Sharma and John Barradas, who donated their
work.
Residential Owner-Occupied Properties:
Frederick Bouche and Joana Luks - 212 University Avenue
The Namgyal Monastery - 412 North Aurora Street
Residential Rental property:
Richard Holgate - 610 East Seneca Street
Commercial/Mixed Use
Mack Travis - 407 College Avenue
Kevin Matuzsak and Carolyn Roberts - 123 South Cayuga Street
Special Recognition
Sprouts 4-H Club/Residents of the Northside Neighborhood
Posthumous Award: Mark Haag.
Cornell CLIPers (Cornell Landscape Improvement Program)
Ithaca Downtown Partnership - Commons Sculpture Program
Public Hearing to Consider the Proposed Disposition of a 6,395
Square Foot Parcel Located at the Southeastern Corner of Esty and
Fulton Streets by the Ithaca Urban Renewal Agency
Resolution to Open Public Hearing
By Alderperson Pryor: Seconded by Alderperson Manos
RESOLVED, That the public hearing to consider the proposed
disposition of a parcel located at the corner of Esty and Fulton
Streets to the Ithaca Urban Renewal Agency be declared open.
Carried Unanimously
No one appeared to address Common Council on this issue.
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Manos
RESOLVED, That the public hearing to consider the proposed
disposition of a parcel located at the corner of Esty and Fulton
Streets to the Ithaca Urban Renewal Agency be declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Mayor Cohen postponed the approval of Committee appointments
pending distribution of applicant resumes.
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Lynn Jackier addressed Council in opposition of large commercial
development in the Clinton Street and Cleveland Avenue
neighborhood, and the proposed corresponding change in commercial
zoning boundaries.
Fay Gougakis, addressed Council with concerns regarding the
Widewaters development site, and Planning Board procedures.
Joel Harlin, addressed Council in favor of commercial development
in the City of Ithaca.
Rebecca, an Ithaca High School student addressed Council to voice
her support of economic development in the City.
RESPONSE TO THE PUBLIC:
Alderperson Blumenthal thanked Rebecca for her comments regarding
economic development.
Mayor Cohen responded to comments made regarding Planning Board
procedures.
CONSENT AGENDA ITEMS:
16.1 Police Department – Request to Amend 2000 Budget
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, one of the Police Department’s 2000 Impala police
vehicles was totally destroyed in a recent accident, and
WHEREAS, the City has received $23,976 in insurance reimbursement
for the vehicle, and
WHEREAS, the Police Department will need to replace the vehicle
and related equipment; now, therefore, be it
RESOLVED, That Common Council hereby approves the following 2000
Budget amendment for purchase of the replacement police vehicle
and equipment with use of insurance reimbursement funds:
Increase Revenue Account:
A3120-2680-5001 Insurance Recovery $23,976
Increase Appropriation Account:
A3120-5215-5001 Vehicles $23,976
Ayes (9) Manos, Pryor, Farrell, Blumenthal, Vaughan,
Spielholz, Glasstetter, Hershey, Taylor
Nays (0)
Abstentions (1) Sams
Carried
21.1 Finance/Controller – Request Authorization to Cover
Red Accounts
By Alderperson Vaughan: Seconded by Alderperson Pryor
RESOLVED, That the City Controller be empowered to make transfers
within the 2000 Budget appropriations, as needed, for the
remainder of the 2000 Fiscal Year.
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Carried Unanimously
16.3 Building Department – Request for Reduction of Hours
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, Administrative Secretary, Kathleen Boyd has requested
that her hours be reduced from forty (40) to thirty-five (35)
hours per week, effective January 1, 2001 for personal reasons,
now therefore be it
RESOLVED, That Common Council hereby grants the request to reduce
hours for Kathleen Boyd.
Carried Unanimously
16.4 Planning and Development – Appointment of Deputy Director
By Alderperson Vaughan: Seconded by Alderperson Pryor
RESOLVED, That JoAnn Cornish be and hereby is provisionally
appointed to the position of Deputy Director of Planning and
Development, effective November 6, 2000 at an annual salary of
$50,041, and be it further
RESOLVED, That Common Council hereby amends the Planning
Department Authorized Personnel Roster as follows:
Delete: One (1) Senior Environmental Landscape Planner
Carried Unanimously
REGULAR AGENDA ITEMS:
17. Planning and Economic Development Committee:
17.1 A) An Ordinance Amending Sections 186-17 entitled “Appeals
Board” of Chapter 186 entitled “Flood Damage Prevention” and also
Amending Chapter 325 entitled “Zoning” of the City of Ithaca
Municipal Code – Declaration of No Significant Environmental
Effect - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Manos
WHEREAS, an Ordinance amending sections 186-17of Chapter 325
entitled "Zoning" of the City of Ithaca Municipal Code, regarding
floodplains has been submitted to Common Council for
consideration, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act, and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby does adopt as its own the findings and conclusions
more fully set forth on the Long Environmental Assessment Form
dated September 12, 2000, and be it further
RESOLVED, that this Common Council, as lead agency, hereby does
determine that the proposed action at issue will not have a
significant effect on the environment, and that further
environmental review is unnecessary under the circumstances, and
be it further
RESOLVED, that this resolution shall constitute notice of this
negative declaration, and the City Clerk be, and hereby is,
directed to file a copy of the same, together with the
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attachment, in the City Clerk's Office and forward the same to
any other parties as required by law.
Carried Unanimously
17.1 B)An Ordinance Amending Section 186-17 entitled “Appeals
Board” of Chapter 186 entitled “Flood Damage
Prevention” and also Amending Chapter 325 entitled
“Zoning” of the City of Ithaca Municipal Code
By Alderperson Blumenthal: Seconded by Alderperson Pryor
ORDINANCE 00 –
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1.
Chapter 186, Section 186-17 entitled “Appeals Board” of
Article VI entitled “Variances” shall be amended as follows:
§ 186-17. Appeals Board.
A. The Building Code Board of Appeals [Board of Zoning
Appeals] as established by the City of Ithaca shall hear and
decide appeals and requests for variances from the requirements
of this chapter.
B. The Building Code Board of Appeals [Board of Zoning
Appeals] shall hear and decide appeals when it is alleged there
is an error in any requirement, decision or determination made by
the local administrator in the enforcement or administration of
this chapter.
C. Those aggrieved by the decision of the Building Code
Board of Appeals [Board of Zoning Appeals] may appeal such
decision to the Supreme Court pursuant to Article 78 of the Civil
Practice Law and Rules.
D. In passing upon such applications, the Building Code
Board of Appeals [Board of Zoning Appeals] shall consider all
technical evaluations, all relevant factors, standards specified
in other sections of this chapter and:
(1) The danger that materials may be swept onto other
lands to the injury of others.
(2) The danger to life and property due to flooding or
erosion damage.
(3) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage
on the individual owner.
(4) The importance of the services provided by the
proposed facility to the community.
(5) The necessity to the facility of a waterfront
location, where applicable.
(6) The availability of alternative locations for the
proposed use which are not subject to flooding or erosion
damage.
(7) The compatibility of the proposed use with
existing and anticipated development.
(8) The relationship of the proposed use to the
Comprehensive Plan and floodplain management program of that
area.
(9) The safety of access to the property in times of
flood for ordinary and emergency vehicles.
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(10) The cost to local governments and the dangers
associated with conducting search and rescue operations
during periods of flooding.
(11) The expected heights, velocity, duration, rate of
rise and sediment transport of the floodwaters and the
effects of wave action, if applicable, expected at the site.
(12) The costs of providing governmental services
during and after flood conditions, including search and
rescue operations, and maintenance and repair of public
utilities and facilities such as sewer, gas, electrical and
water systems and streets and bridges.
E. Upon consideration of the factors of Subsection D and
the purposes of this chapter, the Building Code Board of Appeals
[Board of Zoning Appeals] may attach such conditions to the
granting of variances as it deems necessary to further the
purposes of this chapter.
F. The local administrator shall maintain the records of
all appeal actions, including technical information, and report
any variances to the Federal Emergency Management Agency upon
request.
Section 2.
Chapter 325 Entitled “Zoning” of the City of Ithaca Municipal
Code shall be amended as follows:
Section 325-27 entitled “Floodplains” shall be deleted in its
entirety from the Code of the City of Ithaca.
Section 3.
Chapter 325-3 entitled definitions and word usage is amended
to delete the following definitions:
[FLOOD or FLOODING --A general and temporary condition of
partial or complete inundation of normally dry land areas from
the overflow of streams or rivers or abnormally rising lake
waters resulting from severe storms.]
[FLOOD HAZARD AREA -- That maximum area of the floodplain
that, on the average, is likely to be flooded once every 100
years (i.e., that has a one-percent chance of being flooded each
year) and is delineated on the Flood Hazard Boundary Map issued
by the Federal Insurance Administrator, Department of Housing and
Urban Development.]
[FLOODPLAIN or FLOOD-PRONE AREA -- A land area adjoining a
river, stream, watercourse, bay or a lake which is likely to be
flooded.]
[FLOODPLAIN MANAGEMENT -- The operation of an overall
program of corrective and preventive measures for reducing flood
damage, including but not limited to emergency preparedness
plans, flood-control works and land use and control measures.]
[FLOODPROOFING -- Any combination of structural and
nonstructural additions, changes or adjustments to properties and
structures which reduce or eliminate flood damage to lands, water
and sanitary facilities, structures and contents of buildings.]
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[FLOODWAY -- The channel of a river or other watercourse and
the adjacent land areas required to carry and discharge the one-
hundred-year flood.]
Section 4.
Section 325-4 entitled “Establishment of districts” shall be
amended to delete the FW-1 Floodway Zone district and the FH-1
Flood Hazard Zone district.
Section 5.
Section 325-5 A shall be amended as follows:
§ 325-5. Zoning Map.
A. Districts are bounded as shown on the map titled, "Official
Zoning Map of the City of Ithaca, New York," which is further
defined in "Digital Zoning Map" in § 325-3, and which accompanies
in printed format and is hereby made part of this chapter.
Hereafter, the former FW-1 zone shall be designated as a P-1 zone
on both the official zoning map and the digital zoning map. Any
reference to the FH-1 zone on either map shall be deleted.
Section 6.
Subsection 325-8 B(3) shall be amended to delete the phrase
“FW-1” as follows:
(3) Regulations, standards and permitted uses are generally
cumulative, except for the P-1, [FW-1] and MH-1 Districts and
except where otherwise indicated by specific prohibition or
omission.
Section 7.
Subsection 325-8 B(6) shall be deleted and the following
subsections renumbered accordingly.
[(6) Any use permitted under this chapter shall, if located within
the FH-1 Zone, meet the requirements of § 325-27 in addition to
those otherwise applicable to it under the district regulations.]
[(7)] (6) In R-1 and R-2 Districts, minor dependent children in
the care of a parent or relative shall be excluded in determining
the number of unrelated occupants in a dwelling unit.
[(8)] (7) In all districts where multiple dwellings are
permitted, each multiple dwelling shall be required to have a
rear yard of at least 20 feet in depth. (This requirement has
been imposed so that these structures comply with the New York
State Uniform Fire Prevention and Building Code.)
[(9)] (8) In all districts, the New York State Uniform Fire
Prevention and Building Code may impose additional requirements
pertaining to the location of a structure on a parcel of
property, including, for example, additional building setback
requirements.
[(10)] (9) All columns established by this section are
subject to the supplementary regulations stated in Article V of
this chapter.
Section 8.
Section 325-9.C entitled “Special Permits” shall be amended
to delete section 325-9.C(1)(i ) and the remaining subsections
therein amended to reflect said deletion, as follows:
C. Special permits.
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(1) Applicability. The uses listed under the district
regulations in § 325-8 which require a special permit from
the Board of Appeals are as follows:
(a) Cemeteries in all districts.
(b) Public utility facilities in all residential
districts.
(c) Private schools in all residential districts.
(d) Nursery schools or child day-care centers in
R-2 and R-U Districts.
(e) Neighborhood retail or service commercial
facilities in R-2 and R-3 Districts.
(f) Hospitals or sanatoriums in R-3 Districts.
(g) In P-1 Districts, within 200 feet of
adjoining residential districts, any use other than
public recreation, classrooms or living accommodations.
In such P-1 Districts, living accommodations within 200
feet of adjoining residential districts shall conform
to the use and area regulations applying to the
strictest of such adjoining residential districts.
(h) Signs in all districts, as provided in the
Sign Ordinance. [Amended 4-1-1981 by Ord. No. 81-2]
[(i) In FH-1 District, all new construction,
improvements, alterations and repairs. (See § 325-27.)]
[(j)] (i) [Added 4-1-1981 by Ord. No. 81-2;
amended 11-4-1992 by Ord. No. 92-16; 12-2-1998 by Ord.
No. 98-30] Home occupations in all Residential Zoning
Districts require a temporary special permit unless the
home occupation meets all the following criteria:
[1] The occupation does not carry a stock of
merchandise or store materials for resale or use
in the occupation, except a reasonable supply of
office supplies customarily incidental to a small
office.
[2] The occupation does not create traffic
or need for parking beyond that which is
customarily incidental to the residential use of
the property. Factors that are not to be
considered incidental to residential use are
regularly scheduled events such as deliveries,
client or customer visits or similar events.
[3] The occupation requires or performs no
exterior alterations and maintains no exterior
display visible from outside the residence
(including vehicles with signage parked outside of
the buildings) except a nameplate as permitted by
Municipal Code Chapter 272.
[4] The occupation does not create any
noise, vibration, smoke, dust or objectionable
effects not customarily incidental and accessory
to the residential use of the property.
[(k)] (j) [Added 4-1-1981 by Ord. No. 81-2;
amended 11-4-1992 by Ord. No. 92-15] In any district,
towers or structures for the transmission or receipt of
radio or other electronic communications signals,
unless:
[1] The towers or structures are antennas or
satellite dishes with a maximum dimension of six
feet or less;
[2] Such antennas or satellite dishes are
not in a front yard;
[3] The maximum height (top to bottom) of
such antenna or satellite dish, when combined with
December 6, 2000
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attached mounting supports, is 10 feet or less,
and
[4] Such antennas or satellite dishes, if
they are to be located where they would ordinarily
be visible from a public way adjoining the
property, are subject to the following conditions:
[a] If in a residential zone or on a
lot abutting or across a street or waterway
from a residential zone, they shall be
screened from such view.
[b] In all other locations, they shall
be screened from such view or be of a color
and/or in a location that will minimize their
visual impact.
[(l)] (k) Towers or structures intended for use in
the generation of electricity for the premises on which
such tower is located in any district. [Added 4-1-1981
by Ord. No. 81-2]
[(m)] (l) Community or neighborhood gardens in all
districts. [Added 7-10-1985 by Ord. No. 85-6]
[(n)] (m) (Reserved)
[(o)] (n) Group adult day-care facilities in R-2
Districts. [Added 5-6-1987 by Ord. No. 87-13]
[(p)] (o) Any use not permitted as of right in the
I-1 Zoning District. [Added 11-14-1989 by Ord. No. 89-
16]
[(q)] (p) Redemption centers in B-2 Districts.
[Added 10-6-1993 by Ord. No. 93-19]
[(r)] (q) Bed-and-breakfast homes and bed-and-
breakfast inns. [Added 9-6-1995 by Ord. No. 95-10]
Section 9. Effective Date.
This Ordinance shall take effect immediately in accordance
with law upon publication of a notice as provided in the Ithaca
City Charter.
Acting Building Commissioner Radke explained to Council the
proposed changes outlined in the Ordinance.
Alderperson Pryor asked if Section 8, Subsection C(1) entitled
“Special Permits” should clarify which Board of Appeals is being
identified.
Motion to Table
By Alderperson Vaughan: Seconded by Alderperson Spielholz
RESOLVED, That this item be tabled pending further clarification
of Section 8.
Carried Unanimously
Motion to Remove From Table
By Alderperson Blumenthal: Seconded by Alderperson Glasstetter
RESOLVED, That this item be removed from the table for further
discussion.
Carried Unanimously
December 6, 2000
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Acting Building Commissioner Radke explained that the Board of
Appeals mentioned in Section 8 does not need to be specifically
named as it’s placement in the Zoning Chapter of the City Code
makes it clear that it is the Board of Zoning Appeals.
A vote on the Ordinance resulted as follows:
Carried Unanimously
17.2 Acquisition and Disposition of the Esty Street Parking Lot –
Determination of Environmental Significance
By Alderperson Blumenthal: Seconded by Alderperson Sams
WHEREAS, the approximately 6,400 square foot unimproved parking
lot parcel located at the southeast corner of Fulton Street and
Esty Street in the City’s West End neighborhood was acquired by
the State of New York Department of Transportation (NYSDoT) under
the Route 96 project, and
WHEREAS, during the Route 96 project’s construction phase, the
City of Ithaca requested the parcel be deeded to the City for use
as public parking and the NYSDoT agreed to this request, but
conveyance was never completed, and
WHEREAS, if the parcel were transferred to the City as a public
parking lot, there would be a 10-year restriction on its resale,
and
WHEREAS, an alternative method of transferring the property to
the City as “excess property” contains no limitations on future
use of the property, but requires acquisition of the property
from NYDoT at fair market value, and
WHEREAS, the City made no commitment in the FEIS for the Route 96
project to maintain this parcel for a public parking use, and
WHEREAS, the City has requested the NYDoT to convey the parcel
directly to the City as “excess property” to enable resale or
lease of the property by the City to an interested party to
implement recommendations of the West End Urban Design Plan, and
WHEREAS, the City proposes to acquire the Esty Street Parking Lot
parcel from NYDoT and transfer the parcel to the Ithaca Urban
Renewal Agency (IURA) for disposition to a qualified and eligible
sponsor, at no less than fair market value, for the purpose of
implementing recommendations of the West End Urban Design Plan
and the Urban Renewal Plan, and
WHEREAS, the proposed action is classified as an unlisted action
under the City Environmental Quality Review Act [CEQR Sec. 176-
12(7)], and
WHEREAS, appropriate environmental review has been conducted
including the preparation of an Environmental Assessment Form
(EAF), now, therefore be it
RESOLVED, that this Common Council, as lead agency in this
matter, hereby adopts as its own, the findings and conclusions
more fully set forth on the Environmental Assessment Form dated
September 14, 2000, and be it further
RESOLVED, that this Common Council, as lead agency, hereby
determines that the proposed action at issue will not have a
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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.
Carried Unanimously
Acquisition and Disposition of the Esty Street Parking Lot –
Transfer to IURA & Endorse Sale to Arche, LLC
By Alderperson Blumenthal: Seconded by Alderperson Hershey
WHEREAS, the approximately 6,400 square foot unimproved parking
lot parcel located at the southeast corner of Fulton Street and
Esty Street in the City’s West End neighborhood was acquired by
the State of New York Department of Transportation (NYSDoT) under
the Route 96 project, and
WHEREAS, during the Route 96 project’s construction phase, the
City of Ithaca requested the parcel be deeded to the City for use
as public parking and the NYSDoT agreed to this request, but
conveyance was never completed, and
WHEREAS, if the parcel were transferred to the City as a public
parking lot, there would be a 10-year restriction on its resale,
and
WHEREAS, an alternative method of transferring the property to
the City as “excess property” contains no limitations on future
use of the property, but requires acquisition of the property
from NYDoT at fair market value, and
WHEREAS, gaining City control over the future use of this parcel
will provide an important tool for the City to support
redevelopment projects consistent with the West End Urban Design
Plan, and
WHEREAS, the City has requested the NYDoT to convey the parcel
directly to the City as “excess property” to enable resale or
lease of the property by the City to an interested party to
implement recommendations of the West End Urban Design Plan, and
WHEREAS, the NYDoT has indicated they are nearing final action to
approve conveyance of the parcel to the City of Ithaca at fair
market value, and
WHEREAS, the city staff recommends that the Common Council
approve a purchase agreement with NYDoT to acquire the Esty
Street Parking Lot parcel and further convey the parcel to the
Ithaca Urban Renewal Agency (IURA) for disposition at no less
than fair market value to a qualified and eligible sponsor for
the purpose of implementing recommendations of the West End Urban
Design Plan and the Urban Renewal Plan, and
WHEREAS, disposition by the IURA requires public notice, a public
hearing, and Common Council endorsement of the proposed
conveyance to a qualified and eligible sponsor, and
WHEREAS, appropriate environmental review has been completed, and
WHEREAS, the IURA has received a purchase offer from Arche, LLC
to acquire the parcel and the IURA has designated Arche, LLC as a
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qualified and eligible sponsor to purchase the parcel, now,
therefore be it
RESOLVED, that the Common Council of the City of Ithaca does
hereby authorize the acquisition of the Esty Street parking lot
parcel from the New York State Department of Transportation and
transfer of the parcel to the IURA for the purpose of
disposition, at no less than fair market value, to a qualified
and eligible sponsor to implement the recommendations of the West
End Urban Design Plan, and be it further
RESOLVED, that such qualified and eligible sponsor demonstrate
that sufficient permanent financing commitments are available to
complete a project that implements the recommendations of the
West End Urban Design Plan prior to any conveyance to the
sponsor, and be it further
RESOLVED, that any expenses associated with the IURA holding and
disposing of the property on behalf of the City shall be deducted
from the sales price of the parcel to the sponsor, and be it
further
RESOLVED, that the Common Council hereby endorses the sale of the
Esty Street parking lot parcel by the IURA to Arche, LLC for a
purchase price equal to the City’s cost of acquiring the parcel
from NYDoT plus the projected costs incurred by the IURA for
acquisition, interim ownership and disposition of the parcel, and
be it further
RESOLVED, that the Mayor, upon review by the City Attorney and
the Director of the Department of Planning & Development, is
hereby authorized to sign any and all instruments necessary to
acquire the parcel from the NYSDoT and transfer the parcel to the
IURA.
Carried Unanimously
17.3 CDBG Program Amendment – Northside Triangle Housing
Renovation Program
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, the City was awarded $230K in the second year increment
of the 1996 Community Development Block Grant (CDBG) multi-year
award from the U.S. Department of Housing and Urban Development
(HUD) to implement phase II of a Northside Triangle Housing
Renovation Program to rehabilitate 14 substandard, low- and
moderate-income owner-occupied houses in a compact target area
containing all or portions of eight blocks centered along First
Street within the Northside Triangle neighborhood,
WHEREAS, the IURA contracted with Ithaca Neighborhood Housing
Services (INHS) to implement this project, and
WHEREAS, INHS conducted surveys revealing that 37 owner-occupied
homes in the target area were in substandard condition of which
19 homeowners were determined to be income-eligible, and
WHEREAS, INHS has completed 11 rehabilitation loans through the
program, but have been unable to identify other eligible or
willing homeowners within the limited target area after three
years of marketing the program to neighborhood residents, and
WHEREAS, outreach efforts have included letters mailed to each
homeowner in the target area, personal contacts by INHS staff,
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presentations at neighborhood civic association meetings and a
second round of mailings in 2000, and
WHEREAS, INHS requests that the target area be expanded to
include the entire Northside Triangle area bounded by Cascadilla
Street, Cascadilla Creek and Route 13, which is comprised of 177
owner-occupied homes of which 58 are substandard, based on field
survey work conducted in 2000, and
WHEREAS, IURA staff has determined that the program cannot be
fully implemented within the existing target area on a timely
basis, and
WHEREAS, at their October 17, 2000 meeting, the IURA recommended
the target area be expanded as requested by INHS, now, therefore
be it
RESOLVED, that the Common Council hereby authorizes seeking
approval from the US Department of Housing & Urban Development
for a program amendment to expand the target area for phase II of
the Northside Triangle Housing Renovation Program (1996 Year #2
CDBG, Activity 2.2) to include the entire Northside Triangle area
bounded by Cascadilla Street, Cascadilla Creek and Rt. 13, and be
it further,
RESOLVED, that the IURA Executive Director, upon advice from the
City Attorney, is authorized to sign any and all documents
necessary to carry out this resolution.
Carried Unanimously
17.4 Disposition by IURA of 614 W. Clinton Street to INHS –
Designation of Lead Agency Status for Environmental
Review – Resolution
By Alderperson Blumenthal: Seconded by Alderperson Farrell
WHEREAS, the conveyance of property by the Ithaca Urban Renewal
Agency (IURA) to a qualified and eligible sponsor requires public
notice, public hearing and endorsement by the Common Council, and
WHEREAS, the IURA seeks to sell the an approximately 6,300 sq.
ft. property located at 614 W. Clinton Street, previously used as
a domestic violence shelter, to a qualified and eligible sponsor
for the purpose of rehabilitation of the structure and resale to
a low- or moderate-income family to occupy the structure as a
single-family dwelling, and
WHEREAS, the IURA has determined that INHS is a qualified and
eligible sponsor to acquire the property, and
WHEREAS, INHS has estimated necessary rehabilitation costs at the
property will exceed $48,000, and
WHEREAS, INHS has submitted a purchase offer of $8,000 to acquire
the property, and
WHEREAS, at their 9/19/00 meeting the IURA accepted the purchase
offer from INHS to acquire 614 W. Clinton Street (tax parcel #
79.-5-18.3) subject to Common Council approval in accordance with
the disposition procedures required by Article 15, Section 507 of
General Municipal Law and the following conditions:
(1) addition of a condition in the purchase offer requiring the
buyer to renovate the property and resell the property to a
December 6, 2000
14
low- and moderate-income family to occupy as a single family
dwelling;
(2) modifications to sections 18 and 21 of the purchase offer
regarding “further conditions” and “possession” acceptable
to the IURA Executive Director; and
(3) legal review and approval of the IURA Attorney, and
WHEREAS, the City has begun an environmental review for
disposition of the parcel, including the preparation of an
Environmental Assessment Form (EAF), dated 11/9/00, and
WHEREAS, State Law specifies that for actions governed by local
environmental review, the lead agency shall be that local agency
which has primary responsibility for approving and funding or
carrying out the action, and
WHEREAS, the proposed action is classified as an unlisted action
under the City Environmental Quality Review Act [CEQR Sec. 176-
12(7)], now, therefore, be it
RESOLVED, that the Common Council of the City of Ithaca, does
hereby declare itself lead agency for the disposition of 614 W.
Clinton Street (parcel # 79.-5-18.3), and be it further
RESOLVED, that staff is hereby directed to proceed with
environmental review.
Carried Unanimously
17.5 An Ordinance Amending Chapter 181 Entitled “Fire
Prevention” of the city of Ithaca Municipal Code,
Section 181-13 Entitled “Fire Limits”
By Alderperson Blumenthal: Seconded by Alderperson Pryor
ORDINANCE 00 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1. Section 181-13 of the City of Ithaca Code is hereby
amended, as follows:
A. Fire limits A: those areas of the city which are zoned
Industrial I-1 and Business B2-b, CBD-60, CBD-85, CBD-100, and
CBD-140 in the City of Ithaca Zoning Ordinance (Chapter 325 of
this Code).
B. Fire Limits B: those areas of the city which are zoned
Business B-2a, B-2c, B-2d, B-4, [or] B-5, WF-1, WEDZ-1a, or
WEDZ-1b in the City of Ithaca Zoning Ordinance (Chapter 325 of
this Code).
Section 2. This Ordinance shall take effect immediately and in
accordance with law upon publication of notice as provided in the
Ithaca City Charter.
Carried Unanimously
17.6 An Ordinance Amending Section 325-45 entitled “Amendment
Procedure Outlined” of Chapter 325 entitled “Zoning” of the City
of Ithaca Municipal Code – Call for Public Hearing
This item was withdrawn from the agenda.
HUMAN RESOURCES COMMITTEE:
December 6, 2000
15
18.1 DPW – Request to Amend Personnel Roster
By Alderperson Manos: Seconded by Alderperson Hershey
Whereas, the City of Ithaca signed a Memorandum of Understanding
with the CSEA DPW unit dated September 21, 2000, and
Whereas, this Memorandum of Understanding eliminates the 8% cash
up payment for drivers in exchange for paying for actual time
worked, and
Whereas, this change calls for new shift assignments which
incorporate report time until the bus drivers return to the
garage at the end of his/her shift, and
Whereas, the new shift assignments result in a change in the
amount of revenue service for each driver, and
Whereas, this change requires adding two full time drivers to
pick up the change in revenue service, and
Whereas, these positions have been budgeted for in the 2001
budget, now therefore be it
Resolved, that Common Council hereby grants approval to DPW to
amend the DPW Personnel Roster as follows:
Add: Two (2) Full-Time Bus Driver positions
and be it further
Resolved, that these positions be assigned to the CSEA DPW unit
at a salary grade 28.
Carried Unanimously
18.2 Youth Bureau – Request to Amend Authorized Personnel Roster
By Alderperson Manos: Seconded by Alderperson Taylor
Whereas, The Director of the Youth Bureau has announced his
anticipated retirement through the early retirement incentive
program, and
Whereas, the early retirement incentive program requires a 50%
savings in order to be eligible, and
Whereas, the Youth Bureau has developed a plan to meet the savings
by assigning the duties and responsibilities to existing staff in
acting capacities, and
Whereas, in order to reassign responsibilities, it is necessary
to create an additional position, now therefore be it
RESOLVED, That Common Council hereby amends the Youth Bureau
Authorized Personnel Roster as follows:
Add: One (1) Recreation Coordinator
And, be it further
RESOLVED, That the position of Recreation Coordinator be assigned
to the CSEA Administrative Unit, and be it further
RESOLVED, That the creation of the position is contingent upon
the approval by the Civil Service Commission.
Carried Unanimously
December 6, 2000
16
18.3 Postponement of the Effective Date of Retirees’ Health
Insurance Increases
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, the Common Council, at its meeting of November 1, 2000,
did vote in the affirmative on a resolution, effective January 1,
2001, which both raised the drug co-payment for City retirees to
$2 for generic drugs and $10 for name brand drugs, and increased
the maximum allowable prescription supply to 90 days, and
WHEREAS, subsequent concerns have been raised that input was not
sought from City retirees prior to this decision being made, and
WHEREAS, the Common Council has determined that such input is
important; now, therefore, be it
RESOLVED, That the changes approved by Common Council will not
take effect until March 8, 2001, in order to give the Human
Resources Committee and Common Council the time to solicit input
from retirees and gather any other information deemed appropriate,
and, be it further
RESOLVED, That if the Common Council takes no further action on
this issue prior to March 8, 2001, then the resolution approved on
November 1, 2000 will take effect.
Discussion followed on the floor with Alderperson Pryor requesting
a comparison of the City’s retirement insurance benefits to other
local programs.
A vote on the Resolution resulted as follows:
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
21.1 Common Council – Request Funds for Touchstone Project
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the Ithaca Housing Authority Department of Community
Services and the Community School of Music and Arts are
establishing the Touchstone Project, which is a collaborative,
community-wide initiative to provide positive, life-enhancing
skills through steel drum music for Ithaca City School District
youth ages 12-18, and
WHEREAS, the Touchstone Project has been successfully established
in other communities with good results, and
WHEREAS, it has been demonstrated that youth participation in this
project will promote scholastic achievement; increase in the high
school graduation rate; provide support and direction for youth at
risk; reduced gang membership; reduced drug and alcohol use and
create opportunities for community involvement and service, and
WHEREAS, the request for City involvement is for funding and
support in the amount of $9,275, which will assist the project in
reaching its matching grant goal of $56,000; now, therefore, be it
RESOLVED, That Common Council hereby approves the transfer of
funds in the amount not to exceed $9,275 from account A1990
Unrestricted Contingency to account A1012-5435 Community Services
to support the Touchstone Project startup.
December 6, 2000
17
Discussion followed on the floor with Marcy Hudson, Ithaca Housing
Authority, Sam Velasquez, Community School of Music and Arts, and
John Bailey, Ithaca Youth Bureau, answering questions from Council
members regarding the number of players involved, where the
program will be housed, and future funding sources for the
program.
A vote on the resolution resulted as follows:
Carried Unanimously
21.2 Common Council – Authorize Controller to Carry Forward
Contingency Balance
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, the City will have $8,900 in Unrestricted Contingency and
$17,125 in Restricted Contingency funds remaining at the end of
fiscal year 2000 barring any unforeseen needs for the remainder of
the year; now, therefore, be it
RESOLVED, That Common Council hereby directs the Controller’s
Office to make the necessary accounting adjustments at the end of
2000 to allow for the $26,025 in the Contingency Funds to be used
in the 2001 Contingency account, and, be it further
RESOLVED, That said funds shall be allocated as follows: $8,900
Unrestricted Contingency and $17,125 Restricted Contingency.
Carried Unanimously
21.3 Common Council – Request to Establish Capital Project
for Neighborhood Housing Initiative – Discussion – Possible
Resolution
This item was referred to the end of the meeting.
19.4 DPW – Request to Establish Capital Project for Thurston
Avenue Bridge over Fall Creek
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, a Project for the rehabilitation of the Thurston Avenue
Bridge over Fall Creek, B.I.N. 2210630, P.I.N. 375322 for
$1,210,312 (“the Project”) is eligible for funding under Title 23
U.S. Code as administered by the Federal Highway Administration
(“FHWA”), as amended, that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by
making a commitment of 100% of the non-federal share of the costs
of Scoping, Design (Phases I-VI), Construction, and Construction
Inspection; now, therefore, be it
RESOLVED, That Common Council hereby approves Capital Project #428
Thurston Avenue Bridge Reconstruction in the amount not to exceed
$1,210,312, and be it further
RESOLVED, That Common Council hereby authorizes the City of
Ithaca to pay in the first instance 100% of the federal and non-
federal share of the cost of Scoping, Design (Phases I-VI),
Construction, and Construction Inspection for the Project or
portions thereof, and be it further
RESOLVED, That in the event the full federal and non-federal
share costs of the project exceeds the amount appropriated above,
December 6, 2000
18
Common Council of the City of Ithaca shall convene as soon as
possible to appropriate said excess amount immediately upon the
notification by the NYSDOT thereof, and be it further
RESOLVED, That Common Council authorizes the Mayor of the City of
Ithaca to sign all necessary Agreements with NYSDOT to secure
Federal Aid and Marchiselli Aid on behalf of the City of Ithaca
and the Superintendent of Public Works be authorized to sign all
necessary construction documents, contracts, certifications and
reimbursement requests, and be it further
RESOLVED, That this project be undertaken with the understanding
that the final cost to the City of Ithaca will not exceed five
percent (5%) of the final approved project cost, currently
estimated at $60,515.60 of the $1,210,312 authorized for this
project, in monies and in-kind services as managed by the
Superintendent of Public Works and monitored by the City of
Ithaca Controller, and be it further
RESOLVED, That Common Council hereby authorizes the
Superintendent of Public Works to administer the above project,
and be it further
RESOLVED, That said project funds shall be derived from the
issuance of Serial Bonds, and be it further
RESOLVED, That this resolution shall take effect immediately
Carried Unanimously
19.5 An Ordinance Amending Chapter 146 Entitled “Building
Construction” and Chapter 295 Entitled “Swimming Pools” of the
city of Ithaca Municipal Code Relating to Electrical Inspections
By Alderperson Vaughan: Seconded by Alderperson Manos
ORDINANCE NO. 00 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca as follows:
Section 1. Section 146-4 entitled “Administrative Office and
Functions” of Chapter 146, Article II, “Administration and
Enforcement” shall be amended to delete subsection “D” and a new
subsection “D” shall be added.
[D. Electrical inspectors. An arrangement with an
appropriate electrical inspector for inspection of
electrical installations in the City of Ithaca shall be
continued. Such inspector shall act under the
supervision of the Building Commissioner and shall
exercise appropriate portions of his/her powers and
duties. There shall be no compensation payable by the
city for inspectors under this arrangement.]
D. Electrical Inspector. The electrical inspector,
under the supervision of the Building Commissioner,
shall inspect all electrical installations within the
jurisdiction of this Chapter and determine its
compliance with all applicable electrical codes and
standards in effect in the City of Ithaca.
December 6, 2000
19
Section 2. Section 146-7(C)(2) entitled “Permit Fees” shall
be amended as follows:
(2) Permit fees.
(a) Permit fees shall be paid before permit
review can commence according to the following
schedule:
Permit Type Fee
Building or demolition permit, where the total
valuation of the work is:
[$2,000] $5,000 or less [$10] $30
Above[$2,001] $5,001 $6 for each
$1,000 or fraction
thereof
Provided, however, that:
[1] The above fee shall be reduced by one-half if the
subject property has an exemption pursuant to Article I of
Chapter 300 of this Municipal Code (Senior Citizens
Exemption).
[2] The above fee shall be waived if the permit is for
a construction project consisting solely of the
installation, repair or modification of a fire protection
system or device, such as smoke/heat detectors or systems,
sprinkler systems or other fire suppression systems.
[3] The above fee shall be waived if the permit is for
a maintenance or repair project that is a correction
required because of a citation of a Building Department
Inspector as a result of a housing inspection and the total
valuation of the work is less than $2,000.
Section 3. A new subsection [4] shall be added to Section
146-7(C) as a minor corrective action. The sentence “Other
inspections and fees related to building construction:” should be
placed before “Permit Type” and “Fee.” The Permit Type
“Demolition Work” shall be deleted in its entirety.
[4] Other inspections and fees related to building
construction:
Permit Type Fee
[Other inspections and fees related to
building construction:]
Requested inspections outside $45 per hour
normal business hours (minimum
charge, 2 hours in addition to
the permit fee)
Plan review for projects 50% of permit fee
exceeding $5,000 (where no schedule (amount to
permit is requested) be applied to
December 6, 2000
20
permit fee)
Additional plan review required $35 per hour
by changes, additions or [see § 146-7c(3)]
revisions to approved plans
Building permit renewal $25 or 10% of the
original building
permit fee, whichever is
larger
Certificates of occupancy $35 per hour for
each hour of
inspection, review or
analysis
Temporary certificates of $35 plus $35 for
occupancy each hour of
inspection, review
or analysis
[Demolition work, where the value of the demolition work
is:
Up to $1,000 $12
$1,001 and above $6 for each
$1,000 or fraction
thereof over
$1,000]
Section 4. Section 146-33 of Chapter 146, ARTICLE V,
entitled “Electricians” shall be deleted in its entirety and a
new Section 146-33 shall be added as follows:
§ 146-33. Electrical inspector.
[A. Until otherwise provided for by the Common
Council, the office of electrical inspector for the city
shall be held and its duties performed by a representative
or representatives of an appropriate electrical inspection
agency.
B. The electrical inspector's official headquarters
shall be in the office of the Building Commissioner, where
all records or authentic copies of the same shall be kept.
C. Inspection services as required by the city shall
be rendered by an appropriate electrical inspection agency
at no cost to the city. However, all necessary report forms,
clerical and stenographic services and office space shall be
supplied by the city.]
All electrical installations in the City of
Ithaca, including the electrical installation of
appliances such as hot water heaters and furnaces,
shall come under the provisions of this article and are
subject to inspection by the electrical inspector.
December 6, 2000
21
Section 5. Subsection 146-35(A) of Section 146-35 entitled
“Examinations” shall be shall be deleted and a new subsection
146-35(A) added and Section 146-35(C) shall be amended, as
follows:
§ 146-35. Examinations.
[A. Examinations shall be given within 30 days of the date
of the first application received in any current month rated; and
if a passing grade is attained, a license shall be issued within
15 days of the examination date.]
A. Electrical licensing examinations shall be given two
times per year. Applications for an electrical license must have
a minimum of forty-two (42) months of experience as an
electrician or as an electrician’s apprentice. Applications for
licensing may be obtained in the Building Department. If an
applicant has been accepted as a candidate for examination, he or
she will be notified by mail when and where such examination will
take place.
B. All written examination questions shall be based upon
information to be found in the National Electrical Code and
principles and practices common to the electrical trade.
C. The grading valuation of each question shall be
predetermined and the record of this determination shall be on
file [with the City Clerk] in the Building Department prior to
the examination time and available for the inspection of an
examinee following receipt of his/her grade.
Section 6. Subsection 146-35(D) shall be amended as follows:
D. If an applicant passes the electrical licensing
examination, he or she will be notified by mail and an electrical
license will be issued within thirty (30) days. Any person denied
a license may appeal the decision of the Examining Board of
Electricians to the Building Code Board of Appeals. Immediately
following a hearing of all evidence, the Building Code Board of
Appeals shall either sustain the action of the Examining Board,
regrade the examination or order reexamination of the appellant.
Section 7. Subsection 146-36 (C) shall be deleted.
§ 146-36. Licenses.
A. No person shall hereafter engage in, carry on or
conduct the business of employing or master electrician or
undertake or contract to do the work of an electrician within the
city unless or until licensed pursuant to this article.
B. No license shall be required of any person engaged in
the work of electrician who is employed exclusively by one
person, firm or corporation to make repairs in or about the
premises of said person, firm or corporation by whom he/she is
regularly employed.
[C. Any electrician having duly qualified for a license
during the five-year period immediately preceding the effective
date of this article shall, upon proof thereof, be deemed fit and
qualified to receive a license without further examination.]
December 6, 2000
22
Section 8. Subsection 146-37(C) shall be amended as follows:
§146-37. License application and fees; transferability.
A. All persons desiring to be examined shall make
application to the Building Commissioner of the city in such form
and detail as may be required. Such application shall be
accompanied by payment of an examination fee of $100
B. The fee for an original license is included in the
examination fee.
C. Licenses [may] must be renewed annually [upon payment
of a fee of as follows: $50 for the year of 1996, $75 for the
year of 1997 and $100 in subsequent years]. Each year shall
commence in January. Renewal fees are due by February 1st of each
year. Renewal fees are one hundred ($100) Dollars.
D. Licenses are not transferable. Licenses are revocable
for cause adjudged by the Examining Board of Electricians to be
in the best interest of the city. Such judgment may be appealed
to the Building Code Board of Appeals; and, after hearing, its
judgment shall be final.
E. Special reciprocal licenses. (Text omitted herein)
Section 9. Subsection 146-38(A) shall be amended as follows:
§ 146-38. Electrical permits; fees.
A. No alterations or additions shall be made in or to the
existing wiring in any building nor shall any new construction be
wired for the use of electric current without first obtaining a
[building] Work [p] Permit [or a building permit] for electrical
work from the electrical inspector in [office of] the Building
Department.
Section 10. Subsection 146-38(B) shall be deleted in its
entirety, subsection 146-38(C), as amended herein, shall become
subsection 146-38(B), and a new subsection 146-38(C) shall be
added.
[B. When the electrical work is being done as a portion of
a construction project covered by a building permit, the fee for
a building permit shall cover the fee for the electrical permit.
In cases where the electrical installation, addition, repair or
alteration is the only work scheduled to be performed, the fee
shall be equal to the equivalent building permit fee using the
schedule in § 146-7C(2) based on the valuation of the work.]
[C] B. Application for such a Work [p]Permit shall be
made by a licensed electrician[,]. It shall be in writing[,] on
an approved form and shall describe the work to be done. The
permit, if issued, shall be in the name of the [applicant]
licensed electrician who shall be responsible for the proper
installation of the work described.
C. Permit fees shall be paid before a Work Permit is
authorized. Permit fees shall be accepted by the Building
department Permit Clerk by cash or check. The electrical permit
December 6, 2000
23
fee schedule shall be posted in the office of the Building
department.
(1) Any amendment to the application upon which the Work
Permit has been issued must be filed and an amended Work Permit
obtained. If there is an increase in the value of the project, an
additional fee shall be paid for that increase based on the
posted Work Permit fee schedule.
(2) Work Permit fees shall be set according to the following
schedule which shall be subject to modification from time to time
as determined by the Building Commissioner.
Fee Schedule (see attached)
D. This section shall not apply to maintenance and repairs
on the premises of a person regularly employing a journeymen
electrician for that purpose.
Section 11. Subsection 146-39(G) shall be deleted and
subsection 146-39(H) renumbered as subsection 146-39(G).
§ 146-39. Inspections; fees.
A. Inspections of all rough wiring installations shall be
made before concealment of said wiring, and such concealment
shall be made only after approval by the Electrical Inspector.
B. A record of such inspection and approval shall be kept
on file in the office of the Building Commissioner and shall be
available for public inspection upon request.
C. The electrical inspector is hereby authorized to make
inspections of any and all electric wiring devices and apparatus
in the city; and when such installations are found to be in
dangerous or unsafe condition, the property owner shall be
notified and shall cause the necessary repairs of hazardous
conditions to be made within 48 hours and shall cause full
compliance with the notification within 30 days from the date of
said notice.
D. The electrical inspector is hereby empowered to
disconnect or to order the discontinuance of electrical service
to such wiring, devices and/or material found to be defectively
installed or having become damaged or deteriorated to the degree
that life and property are endangered. Reconnection of such
service shall not be made without the specific approval of the
electrical inspector or the Building Commissioner.
E. The electrical inspector shall have the right, during
reasonable hours, to enter any building or structure in the
discharge of his/her official duties.
F. The fees for inspection shall be fixed and uniform for
all installations in accordance with the schedule filed in the
office of the Building Commissioner and available for public
inspection.
[G. All inspection fees and charges shall be invoiced by an
approved electrical inspector direct to the applicant and said
organization shall not be otherwise compensated by the city.]
December 6, 2000
24
[H] G. It shall be unlawful and a violation of this
article for any electrical contractor or electrician to charge
collect or transfer fees for electrical inspections greater than
the amounts invoiced to him/her by an approved electrical
inspector, and proof of violation shall be sufficient cause for
revocation of his/her certificate of competency.
Section 12. Subsection 146-41(B) shall be amended as
follows:
§ 146-41. Service connections.
A. No public service corporation shall install a meter or
make a service connection to any installation of electric wiring
for which a certificate or memorandum of approval is required by
the Building Commissioner until such certificate or memorandum
has been issued to such service corporation, except as provided
by the issuance of temporary permits.
B. The [Building Commissioner] Electrical Inspector may,
at his/her discretion, issue a temporary permit for the use of
current for lighting and/or construction purposes. Such temporary
permit shall be issued for a period not to exceed six months.
Section 13. Subsection 146-45(B) of Section 146-45, entitled
“ Registration; fees; bonds” shall be amended as follows:
§ 146-45. Registration; fees; bonds.
A. No person shall hereafter engage in, carry on or
conduct the business of heating and/or ventilating engineer,
contractor or installer within the city unless or until
he/she has first obtained a certificate of registration from
the office of the Building Commissioner.
B. Each application for registration shall be
accompanied by payment of a fee of [$10], $50. [and]
[r]Registrations [may] must be renewed annually. [for a fee
of $5.] Payment for renewal of registration must be received
by February 1st.
C. All applicants for registration must present
evidence of an insurance liability bond, and renewal
certificates of such bonds must be filed annually in the
office of the Building Commissioner.
Section 14. Subsection 146-46(A) and subsection 146-46(B) shall
be deleted and a new subdivision 146-46(A) added as follows:
§ 146-46. Permit applications and fees.
[A. Before installing any heat-producing device or
apparatus in any building or adjacent thereto or connected
therewith, specifications for the installation must be
submitted to the Building Commissioner on such forms and in
such detail as may be required. Standard forms shall be
supplied by the Building Department.]
[B. Upon approval by the Building Commissioner and the
Fire Chief of the city, a permit for the installation shall
be issued. When plans and a description of the proposed
heating apparatus are included in the original plans and
December 6, 2000
25
specifications for a building or alteration of a building,
the building permit shall include the permit for such
heating apparatus. When the heating and/or ventilating
installation is the only work being done in a building, the
permit fee shall be $5.]
A. A building permit must be applied for and
approved prior to the installation of any heat-producing
device or ventilating system, including restaurant hood
systems. Applications shall include layout plans, equipment
cut sheets, code compliance information and where
appropriate, manufacturer’s installation instructions.
Additional permits may need to be obtained from the Fire
Department or from the Electrical Inspector.
Section 15. Section 295-10 entitled “Electrical Work” of
Chapter 295 entitled “Swimming Pools” shall be amended as
follows:
§ 295-10. Electrical work.
A. Conformance to New York State Uniform Fire
Prevention and Building Code. All lighting and electrical
work shall conform to the New York State Uniform Fire
Prevention and Building Code and be inspected and approved
by [an approved electrical inspection agency] the electrical
inspector. Also, all underground wiring and lighting shall
be of low voltage.
B. Disturbance of adjoining owners prohibited. No
lighting shall be installed in such a manner that it may be
an annoyance to the owners of adjacent property. Under
normal circumstances, floodlighting, the illumination of
adjacent property, among other things, will be sufficient to
constitute an annoyance.
C. Safety restrictions. No pool shall be erected
within 10 feet of existing electrical service lines, nor
shall electrical lines be strung over the water surface nor
within four feet of the outer edge of the pool.
Section 16. For consistency, Section 146-35 entitled
“Examinations,” as amended herein, shall be renumbered as Section
146-37 and shall be placed in the position of the current Section
146-37, entitled “License application and fees; transferability,”
as amended herein, such that the current Section 146-36, entitled
“Licenses,” as amended herein, and the current Section 146-37,
entitled “License application and fees; transferability,” as
amended herein, shall be renumbered as Sections 146-35 and 146-
36, respectively, as follows:
§146-33. Electrical Inspector.
§146-34. Examining Board of Electricians.
§146-[35] 36. Licenses.
§146-[36] 37. License application and fees;
transferability.
§146-[37] 35. Examinations.
December 6, 2000
26
Section 17. This Ordinance shall take effect immediately and
in accordance with law upon publication of notice as provided in
the Ithaca City Charter.
Discussion followed on the floor with Acting Building
Commissioner Radke answering questions from Council members
regarding the proposed fee structures.
A vote on the Ordinance resulted as follows:
Carried Unanimously
21.1 Building Department – Request to Transfer Funds for
Equipment
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, in April, 2000, Common Council approved the transfer of
$9,000 from Unrestricted Contingency to the Building Department
Overtime account to cover needed overtime for the Senior Plan
Examiner, and
WHEREAS, adjustments to the Building Department staffing schedule
made the need for the overtime unnecessary, and
WHEREAS, the Building Department is anticipating future staffing
additions, which have prompted the need for additional computers,
office furniture and office supplies at a cost of $9,000; now,
therefore, be it
RESOLVED, That Common Council hereby approves the following
transfer of funds to accommodate the Building Department’s needs:
From Appropriation Account:
A3620-5125 Overtime $9,000
To Appropriation Accounts:
A3620-5210 Office Equipment – Computers $8,000
A3620-5425 Office Expense 1,000
and, be it further
RESOLVED, That the Building Department shall be allowed to
encumber the remaining balance of said funds to 2001 if necessary.
Carried Unanimously
21.2 Police Department – Request to Amend Capital Project for
Administrative Software
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, the Police Department has been operating with a manual,
antiquated Administrative Personnel time keeping and record
keeping system for years, and
WHEREAS, this system is cumbersome and inefficient for department
staff to maintain, and
WHEREAS, the department has done research and found a computerized
software package, Our Software Ltd. Administrators pack, that will
replace the current manual system and increase department
efficiency, at an estimated cost of $30,000 including contingency
and financing costs; now, therefore, be it
December 6, 2000
27
RESOLVED, That Common Council hereby amends Capital Project #388
Software Acquisition by an amount not to exceed $30,000 for the
purposes of acquiring said software for the Police Department, and
be it further
RESOLVED, That funds for said software acquisition shall be
derived by a General Fund advance and later repaid by the issuance
of Serial Bonds.
Discussion followed on the floor with Deputy Police Chief Glenn
Sharshon answering questions from Council members regarding the
stability of the aforementioned software company.
A vote on the Resolution resulted as follows:
Ayes (9) Manos, Pryor, Farrell, Vaughan, Blumenthal,
Spielholz, Glasstetter, Hershey, Taylor
Nays (0)
Abstentions (1) Sams
Carried
19.8 A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,764,419
SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW
YORK, TO PAY COSTS OF VARIOUS OBJECTS OR PURPOSES IN AND FOR
SAID CITY.
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, all conditions precedent to the financing of the capital
projects hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital projects; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the specific objects or purposes or classes of
objects or purposes of paying 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 $3,764,419 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 objects or purposes are as
follows:
a) To pay costs of the purchase and installation of computer
hardware and software, including incidental expenses in
connection therewith, at a maximum estimated cost of
$346,050. 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;
b) To pay costs of the purchase of a pumper for the City Fire
Department, including incidental expenses in connection
therewith, at a maximum estimated cost of $385,000. It is
hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is twenty years,
pursuant to subdivision 27 of paragraph a of Section 11.00 of
the Local Finance Law;
c) To pay costs of the reconstruction of Lake Source Cooling
Street, 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
December 6, 2000
28
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;
d) To pay costs of the purchase, installation and construction
of lighting and security improvements to City parking
facilities, including incidental expenses in connection
therewith, at a maximum estimated cost of $165,000. It is
hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is twenty years,
pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law;
e) To pay costs of the demolition of the City building located
at 402 South Cayuga Street, including incidental expenses in
connection therewith, at a maximum estimated cost of $56,000.
It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is ten
years, pursuant to subdivision 12-a of paragraph a of Section
11.00 of the Local Finance Law;
f) To pay costs of the relocation of the fire alarm service to
underground, 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;
g) To pay costs of the reconstruction of sidewalks, including
incidental expenses in connection therewith, at a maximum
estimated cost of $80,000. 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;
h) To pay costs of the reconstruction of streets and roads,
including incidental expenses in connection therewith, at a
maximum estimated cost of $863,269. 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;
i) To pay costs of professional services for a traffic study and
design for South of the Creek, 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
five years, pursuant to subdivision 62 of paragraph a of
Section 11.00 of the Local Finance Law;
j) To pay costs of the purchase of equipment for City
playgrounds, including incidental expenses in connection
therewith, at a maximum estimated cost of $80,600. 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;
k) To pay costs of the reconstruction of Ithaca Fire Department
Station No. 9, including incidental expenses in connection
therewith, at a maximum estimated cost of $90,000. 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;
l) To pay costs of the purchase of motor vehicles, including
incidental expenses in connection therewith, at a maximum
estimated cost of $101,000. It is hereby determined that the
period of probable usefulness of the aforesaid class of
December 6, 2000
29
objects or purposes is five years, pursuant to subdivision 29
of paragraph a of Section 11.00 of the Local Finance Law;
m) To pay costs of an assessment study of City buildings,
including incidental expenses in connection therewith, at a
maximum estimated cost of $171,000. It is hereby determined
that the period of probable usefulness of the aforesaid class
of objects or purposes is five years, pursuant to subdivision
62 of paragraph a of Section 11.00 of the Local Finance Law;
n) To pay costs of the purchase of parking meters, including
incidental expenses in connection therewith, at a maximum
estimated cost of $65,000. It is hereby determined that the
period of probable usefulness of the aforesaid specific
object or purpose is five years, pursuant to subdivision 50
of paragraph a of Section 11.00 of the Local Finance Law;
o) To pay costs of the purchase of emergency management
communications equipment for the Ithaca Fire Department,
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 ten years, pursuant to
subdivision 25 of paragraph a of Section 11.00 of the Local
Finance Law;
p) To pay costs of the reconstruction and construction of
improvements to the Commons and peripheral streets, including
incidental expenses in connection therewith, at a maximum
estimated cost of $250,000. 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;
q) To pay costs of the purchase of equipment for construction
and maintenance, including incidental expenses in connection
therewith, at an aggregate maximum estimated cost of
$381,000. It is hereby determined that of said $381,000
$7,000 is for items of equipment each costing $15,000 or
less, $40,000 is for items of equipment each costing over
$15,000 but less than $30,000 and that $334,000 is for items
of equipment each costing more than $30,000. It is hereby
further determined that the period of probable usefulness of
such equipment costing $15,000 or less is five years,
pursuant to subdivision 28 of paragraph a of Section 11.00 of
the Local Finance Law, that the period of probable usefulness
of such equipment costing over $15,000 but less tan $30,000
is ten years, pursuant to subdivision 28 of paragraph a of
Section 11.00 of the Local Finance Law and that the period of
probable usefulness of such equipment costing more than
$30,000 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 the purchase of police vehicles, including
incidental expenses in connection therewith, at a maximum
estimated cost of $140,500. It is hereby determined that the
period of probable usefulness of the aforesaid class of
objects or purposes is three years, pursuant to subdivision
77 of paragraph a of Section 11.00 of the Local Finance Law;
s) To pay costs of the acquisition of land for the Cleveland
Avenue/Clinton Street Park, including incidental expenses in
connection therewith, at a maximum estimated cost of
$150,000. 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;
t) To pay costs of the purchase and installation of furniture
and sound system improvements for the City Council Chambers,
including incidental expenses in connection therewith, at a
December 6, 2000
30
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 32 of paragraph a of Section 11.00 of the Local
Finance Law;
u) To pay additional costs of the construction of a new roof in
the Streets and Facilities Building, including incidental
expenses in connection therewith, at a maximum estimated cost
of $258,500 (including the $93,500 serial bonds authorized by
bond resolution dated and duly adopted December 2, 1998;
revised maximum estimated cost of this specific object or
purpose is now $258,500; amount of serial bonds authorized by
this bond resolution, $165,000). 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, computed from January 21, 1999, the date
of issuance of the first obligations issued therefor.
Section 2. The aggregate maximum estimated cost of the
aforesaid specific objects or purposes and classes of objects or
purposes is $3,764,419, 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
or amount of serial bonds authorized therefor 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
December 6, 2000
31
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
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:
Alderperson Manos-absent from vote Alderperson Pryor -Aye
Alderperson Sams - Aye Alderperson Farrell -Aye
Alderperson Blumenthal - Aye Alderperson Vaughan -Aye
December 6, 2000
32
Alderperson Glasstetter - Aye Alderperson Spielholz -Aye
Alderperson Hershey - Aye Alderperson Taylor -Aye
Carried Unanimously
19.9 A RESOLUTION AUTHORIZING THE ISSUANCE OF $1,381,000
SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW
YORK, TO PAY THE COST OF THE RECONSTRUCTION OF PORTIONS OF
THE WATER DISTRIBUTION SYSTEM OF SAID CITY AND THE
RECONSTRUCTION OF PORTIONS OF THE SEWER COLLECTION SYSTEM OF
SAID CITY.
By Alderperson Vaughan: Seconded by Alderperson Spielholz
WHEREAS, all conditions precedent to the financing of the capital
projects hereinafter described, including compliance with the
provisions of the State Environmental Quality Review Act, have
been performed, and
WHEREAS, it is now desired to authorize the financing of such
capital projects; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins
County, New York, as follows:
Section 1. For the classes of objects or purposes of paying
the cost of the reconstruction of portions of the water
distribution system, at a maximum estimated cost of $916,000, and
the reconstruction of portions of the sewer collection system, at
a maximum estimated cost of $465,000, of the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be
issued $1,381,000 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 $1,381,000, and the
plan for the financing thereof is by the issuance of the
$1,381,000 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 of portions of
the water 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 portions of the sewer collection 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
December 6, 2000
33
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.
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
December 6, 2000
34
agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in
the name of the City by the facsimile signature of its City
Controller, providing for the manual countersignature of a fiscal
agent or of a designated official of the City), the date,
denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other
issues, shall be determined by the City Controller. It is hereby
determined that it is to the financial advantage of the City not
to impose and collect from registered owners of such serial bonds
any charges for mailing, shipping and insuring bonds transferred
or exchanged by the fiscal agent, and, accordingly, pursuant to
paragraph c of Section 70.00 of the Local Finance Law, no such
charges shall be so collected by the fiscal agent. Such bonds
shall contain substantially the recital of validity clause
provided for in section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals in addition to
those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 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.
A roll call vote resulted as follows:
Alderperson Manos-absent from vote Alderperson Pryor -Aye
Alderperson Sams - Aye Alderperson Farrell -Aye
Alderperson Blumenthal - Aye Alderperson Vaughan -Aye
Alderperson Glasstetter - Aye Alderperson Spielholz -Aye
Alderperson Hershey - Aye Alderperson Taylor -Aye
Carried Unanimously
21.1 Common Council – Request to Establish Capital Project
for Neighborhood Housing Initiative
By Alderperson Farrell: Seconded by Alderperson Hershey
WHEREAS, the City of Ithaca and the Ithaca Urban Renewal Agency
(IURA) are establishing a Neighborhood Housing Initiative Program,
and
December 6, 2000
35
WHEREAS, the program, at an estimated cost of $2 million, will
provide funds to perform the following:
- Acquire rental residential properties in the City
that negatively effect neighborhoods
- Renovate acquired properties
- Sell renovated properties to owner-occupants
- Proceeds from resale of renovated properties will
be reinvested back into the program to fund acquisition
and renovation of additional properties
and
WHEREAS, the goal of the housing initiative program is to increase
neighborhood stability and improve neighborhood quality of life
through the elimination of blighting conditions; increase the
number and percentage of homeowners in the City of Ithaca;
conversion of rental properties to owner-occupancy status;
physically upgrade substandard housing and stimulate private
sector investment in neighborhoods, and
WHEREAS, the IURA will act as the City’s agent to administer and
implement the program, and
WHEREAS, the IURA will contract with Ithaca Neighborhood Housing
Services (INHS) to act in the capacity of the City’s developer;
now, therefore, be it
RESOLVED, That Common Council hereby approves the Neighborhood
Housing Initiative as outlined in the document entitled “Mayor
Cohen’s Neighborhood Housing Initiative Proposal, City of Ithaca,
New York, December 5, 2000”, and be it further
RESOLVED, That Common Council hereby authorizes the Mayor to sign
all necessary contract documents for said housing initiative
program, and be it further
RESOLVED, That Common Council hereby approves the establishment of
a Capital Project in an amount not to exceed $2,000,000 for the
purposes of establishing funds for said housing initiative
program, and be it further
RESOLVED, That funds necessary for said project will be derived
from the issuance of Serial Bonds.
Extensive discussion followed on the floor with Mayor Cohen
explaining the housing initiative, and Director of Community
Development Bohn and INHS Director Paul Mazzarella answering
questions from Council members. Director of Community Development
Bohn reviewed the changes made to the November 20, 2000 proposal.
Common Council members and the City Attorney recommended
amendments to the proposal relating to the resale of properties to
organizations incorporating a strong component of cooperative
ownership, and the make up of the Homeownership Investment
Committee.
Alderperson Blumenthal voice her discomfort with voting on a
proposal that Council members have not had an appropriate amount
of time to review.
December 6, 2000
36
Mayor Cohen noted that this proposal has been reviewed and
discussed by the Budget & Administration Committee, and thanked
Alderperson Farrell for her hard work and dedication to this
project.
A vote on the Resolution resulted as follows:
Carried Unanimously
(Alderperson Blumenthal absent from vote)
NEW BUSINESS:
21.1 Motion to Enter Into Executive Session to Discuss Pending
Litigation and Matters of Collective Bargaining
By Alderperson Manos: Seconded by Alderperson Pryor
RESOLVED, That Common Council adjourn into Executive Session to
discuss pending litigation and collective bargaining issues.
Carried Unanimously
(Alderperson Blumenthal absent from vote)
RECONVENE:
Common Council reconvened into Regular Session with Mayor Cohen
reporting that Common Council took action on the following matter
during Executive Session:
Route 96 Bridge Sculptures
By Alderperson Pryor: Seconded by Alderperson Sams
WHEREAS, Common Council, at its June 7, 2000, meeting passed a
resolution, resolution 17.1, dealing with various items related
to the Route 96 bridge sculpture project, and
WHEREAS, that resolution directed that a search be undertaken to
ascertain a more suitable location for the Route 96 bridge
sculptures, and
WHEREAS, to date no suitable alternative location for the bridge
sculptures has been identified; now, therefore, be it
RESOLVED, That Common Council hereby repeals the second amendment
to the June 7, 2000, resolution 17.1, relating to a search for a
more suitable location for the Route 96 bridge sculptures, and,
be it further
RESOLVED, That Common Council specifically retains the resolution
as it relates to payment for cost overruns for the Route 96
Bridge Sculpture Project, including the amendment to the third
Whereas clause of said June 7, 2000 resolution which states
“Whereas, NYS Department of Transportation has agreed to pay for
the cost overruns, and”.
Ayes (6) Farrell, Hershey Pryor, Sams, Manos,
Vaughan
Nays (0)
Alderpersons Blumenthal, Spielholz, Glasstetter,
and Taylor were absent from vote.
Carried
ADJOURNMENT:
On a motion the meeting adjourned at 11:30 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
December 6, 2000
37
City Clerk Mayor